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Gavin Williamson acted unlawfully over children’s social care exemptions, Court of Appeal rules

3 mins read Social Care Coronavirus
Education Secretary Gavin Wiliamson acted unlawfully in not consulting the children’s commissioner for England before making a raft of changes to children’s social care legislation during the Covid-19 pandemic, the Court of Appeal has ruled.
Gavin Williamson 'acted unlawfully' in not consulting the children's commissioner for England, a judge has said. Picture: Parliament UK
Gavin Williamson 'acted unlawfully' in not consulting the children's commissioner for England, a judge has said. Picture: Parliament UK

The ruling comes following an appeal hearing requested by children’s rights charity Article 39 over amendments to children’s social care regulations during the first Covid-19 lockdown.

The Department for Education used emergency coronavirus legislation to relax and remove more than 65 safeguards and protections for vulnerable children, including changes to foster care and appeal processes and the standard of education and care in children’s homes, in April, bypassing a formal 21-day consultation.

Article 39 launched an unsuccessful judicial review against the DfE in August calling for the changes, introduced via Statutory Instrument 445, to be scrapped.

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