DfE withdraws 'mythbuster' following charity's legal threat

The DfE said it had taken the decision to remove the guidance from circulation, rather than "divert time and public money to litigation".

Last month, Article 39 applied for a judicial review of the department's decision to publish the document, which it claimed "removes important statutory safeguards" for children.

The charity is now urging councils to "quickly review and rectify any removal or reduction of support", given that Children's Social Care Statutory Guidance Myth Busting had been in circulation since the middle of last year.

Article 39 was one of 50 charities and sector experts who signed a letter to the minister last September, warning of "numerous inaccuracies" and the risk to vulnerable children and care leavers.

Some of the organisations tweeted their thanks for the charity's work.

We're proud to be one of the many organisations that supported this campaign - and we owe huge thanks to the @article39 team for the leadership and expertise they showed in successfully defending all of the rights and promises the law offers children and young people https://t.co/u9WMf0Ov2X

— Children England (@Childrenengland) March 25, 2019

?@Justforkidslaw? is proud to have supported this action by @article_39 Government backs down over 'myth-busting' guide on child protection https://t.co/2u9wKt50XC

— Enver Solomon (@EnverSol) March 24, 2019

Article 39 said it launched the challenge after its attempts to negotiate corrections with children's minister Nadhim Zahawi failed.

Zahawi had claimed the document simply clarified misunderstood statutory guidance.
 
The charity's director Carolyne Willow, said: "It's deeply disappointing that the children's minister didn't respond to our serious concerns months ago but what matters is that the document has now been withdrawn and the risks to children and young people minimised.

"We are relieved and delighted that children's rights have prevailed.
 
"There is of course the possibility that social workers and local authority managers have already used the guide and we hope that councils will quickly review and rectify any removal or reduction of support."  
 
The charity said the DfE confirmed it would in future follow a consultation process that includes Article 39, relevant organisations and children and young people who may be directly affected.
 
Oliver Studdert, solicitor at Simpson Millar, representing Article 39, said it was "unfortunate that it has taken the issuing of court proceedings" to achieve the withdrawal, but that it was absolutely right that it did so.

Article 39 challenged what it said was DfE advice that social workers do not have to lead assessments of children who automatically gain "looked after" status and protections when remanded to custody.

The charity was also concerned about guidance that councils do not have to offer a return home interview to children who have run away or gone missing, or appoint separate social workers to foster carers and children in long-term placements.

It also said personal advisers appointed to advise and support young people leaving care can take on the local authority's duties in respect of "Staying Put" arrangements, that social workers only have to make one visit a year to foster carers looking after a child for more than a year, and that they can decide to visit children in long-term foster placements as little as twice a year.
 
A DfE spokeswoman said: "Ensuring that every child, no matter their circumstances, grows up with the care and support they need to lead a happy, fulfilling life, is our overriding focus.

"We remain committed to assisting local authorities to support the best interests of children and families and using new methods to do so.

"Rather than divert time and public money to litigation, we have taken the decision to withdraw the guide.
 
"Our statutory guidance continues to set out how local authorities should operate in order to provide the best services for vulnerable children and young people and make sure everyone is given the chance to succeed."