Following a judicial review intimated on behalf of Family Rights Group, amendments have been secured to the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 to ensure that in-person contact, required for the purposes of facilitating kinship care, is not prohibited by lockdown restrictions. Under the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 SI No 1200, and the former tiered system, specific exceptions to restrictions on movement and gatherings were conferred for potential adopters, but not kinship carers. A letter before action contended that the failure to provide parity between potential kinship carers and adopters was discriminatory and unlawful. In response, the Secretary of State has amended the forthcoming Covid Regulations so as to provide specific exceptions for kinship carers, as urged in the letter before action.
Steve Broach and Gethin Thomas were instructed by Alex Rook and Alice Cullingworth of Rook Irwin Sweeney, on behalf of Family Rights Group.
Family Rights Group’s press release is available online here