Children’s rights legal digest – March 2022

In this issue, we focus on a decision of the Upper Tribunal (August 2021) – responsible for dealing with appeals against decisions made by the First-tier Tribunal (Special Educational Needs and Disability) – which concerned local authorities’ power to maintain an Education Health and Care (EHC) plan after a young person’s 25th birthday. We take … Read more

FOI success for Article 39 – social care market study

On 10 February 2022, the Competition and Markets Authority finally released correspondence to Article 39, which we requested on 26 February 2021 using the Freedom of Information Act 2000. The Competition and Markets Authority had refused to release the information, relying on the exemption in section 31(1)(g) of the Freedom of Information Act 2000. Article … Read more

Children’s rights legal digest – February 2022

In this issue, we take a closer look at a November 2021 decision of the Local Government and Social Care Ombudsman which found a local authority had failed to accommodate a child under Section 20 of the Children Act 1989, breaching statutory guidance and its own local guidance for social workers. The Ombudsman accepted the … Read more

Children’s rights considerations now officially part of the care review

The Children’s Social Care Review has agreed to sector-wide calls to conduct a Children’s Rights Impact Assessment (CRIA) ahead of issuing its recommendations to government. CRIAs are an essential mechanism to help ensure that government policy, legislation and budgeting are consistent with international children’s rights standards. Within government, they are a tool used by civil … Read more

Children’s Minister fails to provide reassurance about care review process

Article 39 children’s rights charity wrote to the Children’s Minister, Vicky Ford, last month seeking reassurance that the usual democratic processes will be followed should the children’s social care review recommend changes to legislation. The letter was sent after the review’s chair, Josh MacAlister, was asked in a podcast interview why all aspects of children’s … Read more