Legal digest
Article 39’s legal digest shares legal and human rights developments and highlights cases and judgments that we believe can help those on the frontline defend the rights of children and young people even more effectively.
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November 2025 – Supporting children out of school (LGO focus report)
In this issue we zoom in on a recent, October 2025 focus report published by… -
September 2025 – Landmark judgment series: pathway plans and personal advisers (High Court judgment)
In this issue, we summarise a leading 2005 High Court judgment concerning the content and… -
July 2025 – Revocation of placement order and IRO duties (Family Court judgment)
In this issue, we look at a brief but significant June 2025 judgment of the… -
May 2025 – Deprivation of liberty of a looked after child (Court of Appeal judgment)
PLEASE NOTE: The legal position in this case may have changed. In June 2026, the… -
March 2025 – Sibling contact and placement (for adoption) orders (Court of Appeal judgment)
“In the 98 years since legal adoption was first introduced in England and Wales in… -
Jan 2025 – Age assessment of unaccompanied child (Upper Tribunal decisions)
Upper Tribunal finds young person from Sudan was a child when he arrived in the… -
Dec 2024 – LGO decision-making – overview (Local Government Ombudsman decisions)
Local Government and Social Care Ombudsman – jurisdiction, powers and ‘assessment code’ Introduction In this… -
Nov 2024 – Deprivation of liberty (inherent jurisdiction) (High Court judgment)
“Imperative conditions of necessity” justify deprivation of liberty of a 14-year-old child in an unregistered… -
Sep 2024 – Child in need: s17 Children Act 1989 (High Court judgment)
High Court quashes local authority assessment of siblings’ needs and orders fresh section 17 Children… -
Aug 2024 – Wishes and feelings – EHCP (Upper Tribunal decision)
Upper Tribunal sets aside First-tier Tribunal’s decision saying failure to take intoaccount the feelings of…
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Jul 2024 – Name change of a looked after child (Family Court judgment)
Family Court authorises application from a 15-year-old looked after girl to change her name despite…
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Jun 2024 – Contact with family and welfare of the child (Court of Appeal judgment)
Court of Appeal finds Family Court’s direction to continue face-to-face contact between a young child…
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Apr 2024 – Interim care order and risk and welfare assessments (Family Court judgment)
Family court judge criticises local authority for “casual and cavalier approach” to risk assessment and…
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Mar 2024 – Special guardianship allowance (Local Government Ombudsman decision)
Councils should not operate blanket policies of deducting child benefit from those receiving means-tested special…
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Feb 2024 – Duty to accommodate homeless 16 and 17-year-olds (High Court judgment)
UPDATE: 2025 - This decision was overturned by the Court of Appeal and therefore the… -
Jan 2024 – ‘Late complaints’ under the Children Act 1989 procedure (Local Government Ombudsman decision)
Local authority applied statutory guidance selectively and wrongly refused to accept care leaver’s complaint because…
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Dec 2023 – Education health and care plans (Local Government Ombudsman decision)
Local Government Ombudsman recommends comprehensive training for special educational needs and disabilities staff following multiple…
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Nov 2023 – Special guardianship orders (Local Government Ombudsman decision)
Local Government Ombudsman recommends individual and service level remedies following council failings towards two children…
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Oct 2023 – Right to education under the ECHR (High Court judgment)
This judgment is connected to a set of proceedings relating to housing ([2022] EWHC 2008…
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Sep 2023 – Unaccompanied children in hotels (High Court judgment)
This judgment concerns three claims for judicial review: (1) Claim by ECPAT UK (Every Child…
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Aug 2023 – Effect of delays in handling complaints (Local Government Ombudsman decision)
Delays in investigating and implementing the recommendations following a complex Children Act 1989 complaint…
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Jul 2023 – Effect of a care order and child’s religious upbringing (High Court judgment)
Please note that the summary below covers only a selected aspect of the judgment, namely…
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Jun 2023 – IROs’ duty to protect children’s human rights (High Court judgment)
In this issue we revisit the seminal 2012 High Court judgment concerning A and S…
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May 2023 – Duty to co-operate and safeguarding children in need (High Court judgment)
In this issue we zoom in on a 2018 judicial review in which the High…
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Apr 2023 – School exclusion and equality and human rights duties (disabled children) (Upper Tribunal decision)
In this issue we examine a crucial 2018 decision of the Upper Tribunal which concerned…
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Mar 2023 – Ensuring access to suitable education for children unable to attend school due to health needs (LGO decision)
This month, we take a closer look at a January 2023 decision of the Local… -
Feb 2023 – Restrictions on use of mobile phone (looked after child) (High Court judgment)
In January 2023, considering the situation of a highly vulnerable 16 year-old girl, the High…
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Jan 2023 – Long-term use of section 20 (Court of Appeal judgment)
Earlier this month, the Court of Appeal reached an important decision which clarified the use…
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Dec 2022 – Tuition fees and care leaver duties (High Court judgment)
Following on from our inaugural advocacy clinic on the topic of care leavers’ rights, in…
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Nov 2022 – Deprivation of liberty (hospital) (High Court judgment)
In this issue, we share an October 2022 judgment in which the inherent jurisdiction of…
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Oct 2022 – IICSA recommendation and local authorities’ exercise of parental responsibility
This month, following a seven-year inquiry and the publication of 19 individual investigation reports, the…
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Sept 2022 – Access to care files (Local Government Ombudsman decision)
A recent (June 2022) decision of the Local Government and Social Care Ombudsman shines a…
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Aug 2022 – wishes and feelings and ECHR right to respect for private and family life (High Court judgment)
In this issue, we focus on a recent High Court judgment in which the wishes…
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Jul 2022 – Savings for children in care (Local Government Ombudsman decision)
In April 2022, the Local Government and Social Care Ombudsman published a decision about a…
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Jun 2022 – Education health and care plans – statutory timescales (High Court judgment)
According to government data, there were 473,255 children in England with education health and care…
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May 2022 – Special and alternative educational provision (High Court judgment)
This month, we focus on a recent judgment which found a local authority had failed…
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Apr 2022 – ‘Other arrangements’ (unregulated accommodation) for children in care (Article 39 judicial review)
This month, we examine the unsuccessful judicial review brought by Article 39 against the Secretary…
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Mar 2022 – Education health and care plans (maximum duration) (Upper Tribunal decision)
In this issue, we focus on a decision of the Upper Tribunal (August 2021) –…
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Feb 2022 – Section 20 duties towards homeless children aged 16 and 17 (LGO decision)
In this issue, we take a closer look at a November 2021 decision of the…
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Jan 2022 – Vaccinations for children in care and parental consent (High Court judgment)
This month, we look at a recent (November 2021) High Court judgment which considered the…
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Dec 2021 – Landmark judgment series: the ‘Gillick judgment’ (House of Lords)
This year we have dedicated four issues of our children’s rights legal digest to landmark…
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Nov 2021 – Duties towards unaccompanied children whose age is uncertain (High Court judgment)
In this issue, we focus on a recent High Court judgment relating to local…
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Oct 2021 – Landmark judgments series: R (Howard League), the rights of children in custody (High Court)
This year we are dedicating four issues of our children’s rights legal digest to…
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Sep 2021 – Educational achievement of looked after children (LGO decision)
In this issue, we focus on a decision of the Local Government and Social…
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Aug 2021 – Inherent jurisdiction in deprivation of liberty applications (Supreme Court judgment)
In late July, the Supreme Court ruled on the use of the inherent jurisdiction of…
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Jul 2021 – Statutory complaints and remedies (LGO decision)
This important decision of the Local Government and Social Care Ombudsman (LGSCO) concerns a complaint…
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Jun 2021 – EU Settlement Scheme and children in care (High Court judgment)
The High Court judgment we summarise below examines the scope of the powers local authorities…
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May 2021 – Statutory representations, including complaints (LGO decision)
In this issue we take a closer look at a recent decision of the Local…
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April 2021: Landmark judgments series – the ‘D judgment’ (deprivation of liberty) (Supreme Court)
PLEASE NOTE: The legal position in this case may have changed. In June 2026, the… -
Mar 2021 – The rights of potential victims of trafficking (European Court of Human Rights judgment)
In February, the European Court of Human Rights awarded damages to two victims of trafficking…
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Feb 2021 – Support for children and young people leaving custody (LGO decision)
In December 2020, the Local Government and Social Care Ombudsman (LGSCO) found a local authority…
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Jan 2021 – Landmark judgments series: the ‘Southwark judgment’ (House of Lords)
While the Southwark judgment and the resulting statutory guidance clarified the legal duties of local…
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Dec 2020 – Safeguards for children in care (Article 39 judicial review)
It is with great pleasure and a real sense of victory that we dedicate the…
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November 2020: Local authorities’ duties towards unaccompanied children (High Court)
In late October, a High Court judge granted permission for a judicial review concerning the duties of… -
October 2020: Children in care and immigration status/nationality (Court of Appeal judgment)
This month we take a closer look at the needs of children and young people… -
Sep 2020 ‘ Contact between children in care and their families (Court of Appeal judgment)
This month we share some of the key takeaways from a recent significant Court of…
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Aug 2020 ‘ Secure accommodation orders (High Court judgment)
A number of recent court judgments have highlighted the severe lack of secure accommodation in…
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Jul 2020 – Statutory representations (incl. complaints) procedures (LGO decision)
With the Local Government and Social Care Ombudsman (LGO) resuming its work following temporary suspension…
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Jun 2020 – Protection from inhuman or degrading treatment or punishment (High Court judgment) & Participation of children in criminal proceedings (Hight Court judgment)
This issue examines the right to be protected from torture and inhuman or degrading treatment…
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May 2020: Public sector equality duty (High Court) & Secure accommodation for children in care (High Court)
We look at the ‘public sector equality duty’ by referencing two recent cases where failure to adequately… -
April 2020: The rights to family life for children in foster care (Court of Appeal) & Challenging discrimination (judicial review)
Focusing on the added vulnerability created by the COVID-19 pandemic for some groups of children… -
March 2020: The role of international law in protecting human rights in the UK
We dedicate this issue to the importance of international law in protecting human rights in the… -
Feb 2020 ‘ Equality impact assessments (Court of Appeal judgment) & The role of independent reviewing officers in public children law proceedings (County Court judgment)
This issue zooms in on two recent judgments highlighting the right to family life. The…