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Education Secretary Gavin Williamson acted illegally by failing to consult with children’s rights agencies before watering down the safeguards for children in care, a court ruled.
The judges of the Court of Appeal ruled against Williamson for his actions to relax some of the obligations of local councils on the 78,000 children in care in England during the coronavirus pandemic.
Safeguards relaxed by the government include timeframes for social worker visits, biannual child welfare reviews, and independent scrutiny of children’s homes.
Children’s Commissioner Anne Longfield said she was ‘delighted’ with the ruling
The Court of Appeal has ruled that there was “no good reason” why Williamson excluded England’s commissioner for minors, Anne Longfield, and other bodies representing children in care from its decision-making.
The case against Williamson was brought by the Article 39 charity, whose lawyers praised the ruling as “a great victory for children’s rights.”
Carolyne Willow, director of the charity, said: “I am enormously relieved and happy that the Court of Appeal has confirmed that children and young people, and organizations representing their rights and interests, should be consulted when the government is considering changes to your legal rights and protections.
“This should lead to secret and secret government consultations that exclude the rights, views and experiences of children and young people.”
He added: “The government’s actions were shameful, both in the scale of the protections they took away from very vulnerable children in England and in the way they did it.”
Earlier this year, the government said changes to care regulations were intended to help councils “prioritize the needs of children, while relaxing some administrative and procedural obligations” during the COVID-19 crisis.
Since then, ministers have allowed most of the amendments to lapse, after discovering that “the effect of the coronavirus on the child social care sector has not been as severe as initially feared.”
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Responding to Tuesday’s ruling, Ms. Longfield said: “I am delighted that the Court of Appeals has recognized the vital importance of the voice of the child in care in the decisions that are made that affect them, including, and I would say especially, during a pandemic.
“Now we will seek assurances from the Department of Education on how this will not be repeated in the future.”
The government is now considering the next steps it could take after the court ruling.
A spokesperson for the Department of Education said: “The protection of vulnerable children has been at the center of or in response to the COVID-19 pandemic, and our intention has always been to act in their best interest at every stage.
“We take swift action to introduce temporary changes during a national crisis, all of which have now expired.
“We will continue to work with the Children’s Commissioner and children’s charities to provide the best possible support for vulnerable children.”
