Latest news

  • Children’s rights legal digest – October 2020
    This month we take a closer look at the needs of children and young people in care in connection with their immigration status or nationality. It is estimated that there are over 200,000 undocumented children in the UK – children living without ‘leave’ (permission) to remain, many of whom were born here – and over … Read more
  • Children’s rights legal digest – September 2020
    This month we share some of the key takeaways from a recent significant Court of Appeal judgment which confirmed that the principles set out in the Children Act 1989 continue to apply and must inform decisions about contact between children in care and their families during the Covid-19 pandemic. We also reference a couple of … Read more
  • Judgment awaited on duty to consult
    Article 39’s case against the Secretary of State for Education’s removal and dilution of 65 safeguards for children in care was heard in the Court of Appeal today. On 23 April 2020, The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (known as Statutory Instrument 445) were published without any form of public consultation or time … Read more
  • The Adoption and Children (Coronavirus) (Amendment) Regulations 2020* – legal challenge update
    *Known as Statutory Instrument 445 On 21 August, Article 39 was granted permission to take its legal challenge over Statutory Instrument 445 to the Court of Appeal. In granting permission, the Rt. Hon. Lady Justice Macur said our appeal “has a real prospect of success on the basis that the Children’s Commissioner, at least, was not … Read more
  • Court of Appeal to hear child safeguards legal challenge
    Next week the Court of Appeal will hear Article 39’s appeal of a High Court ruling that the Education Secretary acted lawfully in failing to consult children and young people, the Children’s Commissioner for England and other children’s rights organisations before removing and diluting 65 safeguards for children in care. This radical deregulation was achieved … Read more
  • Children’s rights legal digest – August 2020
    A number of recent court judgments have highlighted the severe lack of secure accommodation in England and the growing trend of depriving children of their liberty in unregulated and unregistered settings. We covered one of these cases in the May issue of our legal digest. This month, we are looking at another such case and use it as … Read more
  • High Court agrees that lost safeguards are fundamental to children’s protection, but finds that the Department for Education acted lawfully due to the pandemic
    In a judgment handed down today (7 August), the High Court finds that Article 39 was correct to warn that vital safeguards for children in care were removed or diluted overnight in April. However, the Department for Education was not found to have acted unlawfully. Article 39 is now seeking an urgent appeal of the … Read more
  • Give children in care their rights back, urges Article 39
    Article 39 children’s rights charity will ask the High Court to reinstate legal protections for children in care when its case is heard on 27 and 28 July. Article 39’s request for the final hearing to be expedited was successful, recognising the vulnerability of children in care and the scale of the changes forced through overnight. Without any … Read more
  • Children’s rights legal digest – July 2020
    With the Local Government and Social Care Ombudsman (LGO) resuming its work following temporary suspension during the pandemic, we dedicate this issue to the role of the LGO. We look at three decisions reached in response to complaints relating to children’s social care services, highlighting the role of the LGO as “the final point in the statutory complaints … Read more
  • Government changes law to legitimise abusive conditions in child prisons
    Last Thursday (2 July), the Ministry of Justice amended the statutory rules for secure training centres to effectively try and legitimise the solitary confinement of children as young as 12. An accompanying memorandum states that children will have at least 1.5 hours out of their cells in each 24-hour period, instead of the usual 14. … Read more