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Legal Update: Children and Social Work Bill

3 mins read Children's rights Social Care Legal
Marianne Lagrue, project officer at Coram Children's Legal Centre, examines the government's recent defeat in the House of Lords over controversial exemption clauses in the Children and Social Work Bill.

On 8 November, at report stage of the Children and Social Work Bill, the government suffered a high-profile defeat in the House of Lords.

Clauses 29-33 (formerly cl. 15-18) made provision that where local authorities in England believe alternative approaches to those prescribed in legislation could support looked-after children more effectively or efficiently, they may request from government exemptions or modifications from such requirements as they propose for a time-limited testing period. The government has argued that the purpose of the clauses in question is to facilitate innovation in social care practice.

The powers would allow ministers to permit local authorities to suspend specific social care legal obligations for a three-year period, with the possibility of a three-year extension and the option for a permanent exemption if the practices adopted were deemed a success.

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