Care for every child in care

by Carolyne Willow

Care for every child in care

by Carolyne Willow
Carolyne Willow
Case Owner
Article 39 is a small, independent charity which fights for the rights of children living in institutions. Registered charity no. 1166092.
21
days to go
£5,745
pledged of £10,000 stretch target from 143 pledges
Pledge now
Carolyne Willow
Case Owner
Article 39 is a small, independent charity which fights for the rights of children living in institutions. Registered charity no. 1166092.
Pledge now

This case is raising funds for its stretch target. Your pledge will be collected within the next 24-48 hours (and it only takes two minutes to pledge!)

Article 39 is a small children's rights charity in England.

We have applied to the High Court for a judicial review of secondary legislation made by the Department for Education. This states that children in care must always live in care settings – but only to the age of 15.  

This legal change, due to come into force in September 2021, will leave thousands of children in care aged 16 and 17 without protection. 

The government says that councils can continue putting children who are 16 and 17 into unregulated accommodation - shared houses, bedsits, flats and hostels.The Department for Education plans to develop national standards for these types of accommodation. But the standards will omit any requirement to provide care to children. That’s because establishments which provide both care and accommodation to children must register with Ofsted as children’s homes and meet existing quality standards.

This change to the law is discriminatory and an injustice to older children in care.

Boys and children from black, Asian and minority ethnic communities are disproportionately put into unregulated accommodation.

It's the first time the law in England has distinguished where children in care can and cannot live on the basis of their age.

We need to raise £5,000 for this first stage. We will put this with the £14,000 we raised last year for another case protecting children in care - that led to the Court of Appeal finding that the Education Secretary Gavin Williamson had acted unlawfully.

Article 39 is represented by Oliver Studdert from Irwin Mitchell, Steve Broach from 39 Essex Chambers, and Khatija Hafesji from Monckton Chambers.

We are very grateful for any help you can give - by making a small donation and/or letting people know about this appeal. THANK YOU.

Recent contributions

  • Mike pledged £50
    Match Mike's pledge of £50
    It is critical that a duty of care is extended to all 16 and 17 year olds as this would be consistent with current law and policy to provide extended care up to 21years of age ('staying put') and the legal responsibilities of 'corporate parents' to provide continued support up to 25 years of age.
  • Ed pledged £25
    Match Ed's pledge of £25
    My views on Unregulated ‘care’ is well documented and published. Creating a ‘care-less’ alternative registration is absolutely not the solution. These (minimally under 18’s) children are like all children, they need to, have a right to and should expect to be cared for and about.
  • Donna pledged £25
    Match Donna's pledge of £25
    Your campaign is the first I heard of this proposed law change. Please publicise it far & wide. I remember a case of a 21yo care leaver who broke his leg while living in a first floor flat. The case worker put it so simply that if that happened to your 21yo son you'd take care of him.

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