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Daily Mirror
Daily Mirror
Politics
Dan Bloom

Coronavirus: Anger as legal protections for vulnerable children axed in pandemic

The government faces anger after axing legal protections for England's most vulnerable children during the coronavirus pandemic.

From today, more than 350,000 children with special educational needs will lose the guaranteed right to get extra help in education or healthcare.

Instead, councils and health bodies will only need to make "reasonable endeavours" to secure provision under an Education, Health and Care (EHC) plan.

Separate legal protections have also been suspended for children in social care - prompting the Children's Commissioner to raise urgent fears.

The EHC changes were only announced last night by the government but last until the end of the month - and can be extended if needs be.

The Department for Education defended the move, saying it will let officials "focus their attention on the most urgent needs during the outbreak".

The Children's Commissioner for England has raised concerns (stock photo) (Getty Images/EyeEm)

But Lib Dem education spokeswoman Layla Moran said it was "utterly unacceptable" to "revoke" children's rights with "about seven hours' notice".

She told the Mirror: "The Government should be ashamed over how it has handled this.

"At a time when Government should be doing more, they are doing less. Some will say this is pragmatic, but I am deeply concerned that already under-supported children and families are going to fall through the cracks."

Meanwhile, the government also changed protections for children in social care on April 24 in a new law that lasts until September 25.

Children’s Commissioner for England Anne Longfield raised the alarm over the "significant" changes - saying children should get more protection, not less.

According to the watchdog, the changes include relaxing the need for social workers to visit a child who has been put into care within one week, then every six weeks.

Instead social workers have been advised to visit as soon as is "reasonably practicable" and can do so by phone or video call, the Commissioner said.

Children can also now be placed with emergency foster carers for 24 weeks rather than the usual 6 days, a change the Commissioner described as "excessive".

And children’s homes can now enforce the "deprivation of liberty" of children if they are showing symptoms of coronavirus, the watchdog said.

Ms Longfield said yesterday: "I do not believe that the changes made in these regulations are necessary.

"Children in care are already vulnerable, and this crisis is placing additional strain on them. If anything, I would expect to see increased protections to ensure their needs are met during this period."

"These changes have been made with minimal consultation, and without complying with the usual 21 day rule of being published three weeks before coming into force."

Shadow Education Secretary Rebecca Long-Bailey said the Commissioner's intervention was "very significant".

She said: "We understand the increased pressures the civil service, government and local authorities are under.

"But as she has said, there is no justification for scrapping protections for vulnerable children in this crisis.

Labour has raised concerns earlier in the week about these changes and have been consulting with the children’s sector.

“We are in full agreement that these regulations are unnecessary and increase the risk of harm to vulnerable children at a time when we should be providing them with more support not less.

“The Government must urgently make time to debate these regulations in Parliament and if it will not, we will take action to force them to do so.’’ 

A Department for Education spokeswoman said of the EHC plan changes: "Our first priority remains the safety and wellbeing of vulnerable children, including those with special educational needs and disabilities (SEND).

"Schools and early years settings remain open for them to attend where it is appropriate for them to do so, and we know that frontline professions are working hard to deliver the best care and support possible for all children with education, health and care plans.

“These are unprecedented times and we know responding to this pandemic may put additional pressure on services.

"These temporary amendments will allow councils and health services to focus their attention on the most urgent needs during the outbreak.

"Local authorities, health services and education settings must continue to work together to support children and young people with SEND and their families.”

On the fears for children in care, Children and Families Minister Vicky Ford said the priority "always has been" to keep children safe.

But she said Covid-19 "has put new pressures on children’s social care", and social workers must be able to "react".

She added: "As a responsible Government, we must protect services and enable them to respond to the greatest need.

"We have worked across the children’s social care sector to develop legislation to do so.

"In cases where social workers cannot work as they did before, we are allowing them to make pragmatic decisions through minor, temporary amendments to regulations, while always keeping children’s safety paramount.

"The vast majority of regulations remain unchanged. Any amendments should only to be used when absolutely necessary, with senior management oversight, and must be consistent with the overarching safeguarding and welfare duties that remain in place. They will remain in place only for so long as needed."

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