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 Children’s rights legal digest – September 2020

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 Judgment awaited on duty to consult

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 The Adoption and Children (Coronavirus) (Amendment) Regulations 2020* – legal challenge update

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 Court of Appeal to hear child safeguards legal challenge

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 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