Timeline for relaxation of social care statutory duties
Derren Hayes
Wednesday, June 10, 2020
The introduction of emergency legislation to exempt local authorities from dozens of statutory duties for children’s social care services in response to the coronavirus pandemic has split the sector.
The controversial measures were first mentioned by the government in late March when lockdown was implemented to help children’s services departments cope with an anticipated shortage of staff and stretched services during the crisis.
Since then, the measures have drawn criticism from campaigners who say they are an attempt to water down 30 years of hard-won legal protections for vulnerable children. However, ministers and children’s services leaders say the emergency powers will only be used sparingly and if absolutely necessary.
With a debate in Parliament on the issue taking place today (Wednesday), CYP Now highlights key events over the past 11 weeks.
23 March: The government introduces the Coronavirus Bill which includes emergency measures that if activated would allow local authorities to no longer carry out a range of assessments for vulnerable children, abide by duties governing residential special schools, and rules on providing services for children with special educational needs and disabilities.
22 April: Despite growing opposition to the plans, children’s minister Vicky Ford tells the education select committee that the government will push ahead with them and use the learning from them to inform future advice and guidance. She said there would be a “focus on giving flexibility to lower risk areas, so that local authorities can focus on core safeguarding areas”.
23 April: The amendments are introduced via The Adoption and Children (Coronavirus)(Amendment) Regulations 2020, also known as Statutory Instrument 1445, and come into force 24 hours later.
24 April: A group of children’s rights campaigners and voluntary sector leaders call the amendments “a dangerous relaxation of statutory duties” and claim that they are an attempt to push through previously dropped exemptions.
30 April: Campaigners calls for the amendments to be dropped are backed by the children’s commissioner for England Anne Longfield and new Labour Party leader Keir Starmer.
6 May: Education Secretary Gavin Williamson tells Parliament that key organisations had been consulted on the changes including the Association of Directors of Children’s Services. He said: “The sector had asked specifically to make sure there were some flexibilities that were made available to them.”
7 May: Rights group Article 39 announces that it is considering a legal challenge against the government over the amended legislation.
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Blog: Samantha Little partner and head of the children law team at law firm Russell-Cooke explain the legal implications of the changes
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Analysis: Relaxation of statutory duties – what we know so far
5 June: Article 39 confirms it has applied to the High Court for a judicial review of the amended regulations.
10 June: Labour secures a debate in the House of Commons on the amendments, however, vote against scrapping the changes to legislation by 260 votes to 123.
