Permission granted in judicial review challenging failure to mandate that older teenagers receive care where they live

News Steve Broach 18th August 2021

The High Court has granted the charity Article 39 permission to apply for judicial review in its challenge to the failure to afford 16 and 17 year olds who are looked after by local authorities the same rights as younger children to receive care in the place they live. Steve Broach acts for Article 39, leading Khatija Hafesji at Monckton Chambers and instructed by Oliver Studdert and his team at Irwin Mitchell LLP.

The claim is brought in relation to the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, which prevent children aged up to 15 being placed in ‘unregulated’ accommodation, but leave this option open for 16 and 17 year olds. The failure to extend the new prohibition to 16 and 17 year olds is challenged on grounds including irrationality and breach of the public sector equality duty.

It is hoped that the full hearing of the claim for judicial review will take place before the end of 2021. More information is available in the Article 39 news story

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