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Article 39 launches legal action against DfE relaxation of statutory duties

A children’s rights charity has launched legal action against the Department for Education over changes made to legislation surrounding children’s social care.
Article 39 director Carolyne Willow has applied for a judicial review. Picture: Article 39
Article 39 director Carolyne Willow has applied for a judicial review. Picture: Article 39

Article 39 has applied to the High Court for a judicial review to reverse dozens of changes that relax or remove local authority’s statutory duties to children in care and on the edge of care including safeguards around adoption and foster care proceedings and expected standard of care in children’s homes.

The amendments, introduced via The Adoption and Children (Coronavirus)(Amendment) Regulations 2020, also known as Statutory Instrument 1445, came into force on 24 April despite being laid before parliament just 24 hours previously.

It drew criticism from the sector over bypassing the usual 21-day consultation and parliamentary scrutiny.

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