Children’s rights charity Article 39, which is behind the legal action, will tell the High Court during a two-day hearing beginning today (8 February) that secondary legislation, which came into force in September and bans the use of such settings for children aged 15 and under, “irrationally discriminates against children in care aged 16 and 17”.
Lawyers acting for the charity will argue that the change to the law disproportionately impacts boys and children from black, Asian and minority ethnic communities.
The court will also be told that young people’s views and experiences were not properly considered by the government before it introduced the legislation.
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