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