R (Article 39) v Secretary of State for Education

Subject Matter

CHILDREN — Children in need — Welfare services — Regulatory protections in respect of children’s social care services amended temporarily in order to deal with impact of coronavirus pandemic on children’s social care system — Whether amendments unlawful — Whether breach of duty to consult — Whether amendments promoting objects and purpose of statutory scheme — Whether failure to comply with statutory duty to have regard to well-being of children — Care Standards Act 2000 (c 14), s 22(9) — Children and Young Persons Act 2008 (c 23), s 7 — Adoption and Children (Coronavirus) Amendment Regulations 2020 (SI 2020/445)

[2020] EWHC 2184 (Admin); [2020] WLR(D) 462, QBD

CHILDREN — Children in need — Welfare services — Regulations temporarily amending regulatory protections in respect of children’s social care services in response to Covid-19 pandemic — Whether breach of statutory and/or common law duty to consult — Whether Regulations unlawful — Care Standards Act 2000 (c 14), s 22(9) — Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (SI 2020/445)

[2020] EWCA Civ 1577; [2021] PTSR 696; [2020] WLR(D) 632, CA

Appellate History