Charity gets go-ahead for judicial review of downgrading of children’s social care duties

Charity gets go-ahead for judicial review of downgrading of children’s social care duties


CategoryNews Author Jenni Richards QC, Steve Broach Date

The children’s rights charity Article 39 has been granted permission to apply for judicial review in its challenge to the Adoption and Children (Coronavirus) (Amendment) Regulations 2020, which downgrade a host of duties owed to children in the social care system as a response to the Covid-19 pandemic. Jenni Richards QC and Steve Broach are acting for Article 39 (with Khatija Hafesji of Monckton Chambers), instructed by Oliver Studdert of Irwin Mitchell LLP.

Mr Justice Soole granted permission to apply for judicial review on three grounds, relating to the alleged absence of lawful consultation, failure to promote the policy and objects of the enabling legislation (the Padfield principle) and breach of the Minister’s duty to have regard to the need to promote the welfare of children. The substantive hearing will take place on 27 and 28 July 2020.

Further information is available on the Article 39 website

 


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