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Taking my (virtual) seat in the courtroom now. Shortly the High Court will begin to hear @article_39's case that Statutory Instrument 445 was made unlawfully.
Proud that @NYASServices helped fund this challenge & I'll tweet updates throughout, watch this space.
#ScrapSI445
Proud that @NYASServices helped fund this challenge & I'll tweet updates throughout, watch this space.
#ScrapSI445
The High Court Judge will begin proceedings imminently in @article_39's case that SI 445 was made unlawfully.
In the meantime, read the latest extraordinary twist in this deeply concerning experiment with children's rights
#ScrapSI445 https://www.nyas.net/uk-government-will-keep-the-law-undermining-childrens-rights-for-now-but-do-not-want-it-to-be-used-scrapsi445/
In the meantime, read the latest extraordinary twist in this deeply concerning experiment with children's rights
#ScrapSI445 https://www.nyas.net/uk-government-will-keep-the-law-undermining-childrens-rights-for-now-but-do-not-want-it-to-be-used-scrapsi445/
Opening remarks now being made, hundreds of pages of evidence being referred to, including that the call by @article_39 for SI 445 to be scrapped is shared by the @ChildrensComm and the two former Children's Commissioners for England.
"Although it is @article_39 that brings this case, Article 39 is not a lone voice in the sector."
Absolutely right, @NYASServices stands shoulder to shoulder in the campaign to #ScrapSI445, as do countless others incl. @BASW_UK @nagalro @N_A_I_R_O @Justforkidslaw @Become1992
Absolutely right, @NYASServices stands shoulder to shoulder in the campaign to #ScrapSI445, as do countless others incl. @BASW_UK @nagalro @N_A_I_R_O @Justforkidslaw @Become1992
Jenni Richards QC, from @39PublicLaw, argues that it is not possible to pinpoint when the government began considering the apparent need for SI 445. Only in mid-March did we start to see engagement between the government and certain select partners about these regulations.
Now arguments being put forward about the headings summarising SI 445 pre-publication, where there is nothing discussing 'impact' or 'safeguards', but perhaps the closest example might be 'unintended consequences'.
#ScrapSI445
#ScrapSI445
Jenni Richards QC creating a narrative for the court through the hundreds of evidence papers being put forward. Now questioning why amendments to the law expressly prioritised those relating to rights of individuals, rather than just the smooth running of administrations.
By time the gov't Minister for Children and Families was asked to agree to changes made in SI 445, Jenni Richards QC argues that there was still little evidence of consideration of impact on children in care or entering care.
#ScrapSI445
#ScrapSI445
Jenni Richards QC argues that it is in disingenuous for the government to claim that it had no opportunity to consult children on SI 445...
Now discussing the 'consultation' outcome internal paper by the DfE - notes that Children's Commissioner was 'informed', not consulted. Argued that there is no reference whatsoever in the 'impact' section of that document about the impact on Looked After Children.
Jenni Richards QC puts forward that SI 445 is all about asking local authorities what would be helpful for them, and in no meaningful sense considers what would be helpful to a looked after child.
#ScrapSI445
#ScrapSI445
Government chose not to issue their guidance relating to SI 445 as statutory guidance. This is what sets out the advice to local authorities to only use SI 445 where it is needed, but there is nothing in the legislation itself relating to that.
Discussion of specific SI 445 amendments that exemplify the potential safeguarding impact.
Focusing now on how changes permit children to be:
moved out of area;
to live with not fully approved foster carers;
without the approval of a nominated officer.
#ScrapSI445
Focusing now on how changes permit children to be:
moved out of area; to live with not fully approved foster carers; without the approval of a nominated officer. #ScrapSI445
Focus now on types of placements and role of the nominated officer, includes reference to evidence from @FamilyRightsGp. This highlighting the tension between government claims that SI 445 amendments were "temporary", when they in fact impact life-changing decisions for children.
SI 445 removes the right for a child to see a social worker in any given timescale. Jenni Richards QC highlights the importance of social workers visits to safeguard children.
The Hon. Judge refers to the "scandal" of 6,000+ children being placed in #unregulated accommodation, but notes this is not affected by SI 445.
Jenni Richards QC argues there is no evidence that local authorities were unable to meet their statutory duties due to COVID-19.
This gets to the heart of the government's own justification for limited consultation and publishing SI 445 just a day before it came into force.
This gets to the heart of the government's own justification for limited consultation and publishing SI 445 just a day before it came into force.
SI 445 changes independent persons' visits to children's homes from an absolute duty to a reasonable endeavours obligation. This removes a safeguard that was established in response to widespread abuse in children's residential care. Powerfully set out in @article_39's statement.
