The mythbuster guide for local authorities was withdrawn by the DfE in March after children's rights charity Article 39 mounted a High Court challenge over concerns it "removed important statutory safeguards" for children.
More than 50 voluntary organisations, academics and social work experts had called for it to be withdrawn.
At the time the judicial review application was made, the DfE said it decided to remove the guidance from circulation, rather than "divert time and public money to litigation".
Before the mythbuster guide was withdrawn, Article 39 submitted a complaint to the Information Commissioner when the DfE refused to release certain information including copies of previously withheld correspondence between department officials and local authorities in connection with the mythbusting document.
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