R (Article 39) v Secretary of State for Education

Subject Matter

CHILDREN — Children in need — Welfare services — Secretary of State introducing regulations prohibiting use of unregulated accommodation for looked after children under 16 — Whether continued use of unregulated accommodation for older children lawful — Whether possible for local authority to discharge statutory duties to looked after children in unregulated accommodation — Whether irrational not to extend prohibition to older children — Whether Secretary of State complying with public sector equality duty — Whether consultation process fair — Children Act 1989 (c 41), s 22C(6)(d) — Equality Act 2010 (c 15), s 149 — Care Planning, Placement and Case Review (England) Regulations 2010 (SI 2010/959), reg 27A

[2022] EWHC 589 (Admin); [2022] 1 WLR 4240; [2022] WLR(D) 132, QBD

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