Children's rights charity Article 39 wants the "myth busting" guide removed from circulation and has applied for a judicial review of the DfE's decision to publish it.
The news follows a pre-action letter from the charity in January, which demanded the DfE withdraw the guide.
Children's minister Nadhim Zahawi also received a joint letter signed by 50 charities and sector experts in September last year, which set out the claimed legal inaccuracies in the document.
The charity's application has been made by legal firm Simpson Millar, and solicitor Oliver Studdert said: "The ‘myth busting' guide removes important statutory safeguards which were put in place to protect some of the most vulnerable people in society.
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