Karen Bowles

Senior Media and Content Officer
East Sussex County Council and Rother District Council Communications

2025-09-27

In response to concerns raised regarding the handling of SEND children and care services, East Sussex County Council issued a statement claiming, “We do not comment on individual cases. With regards to SEND and children’s care, all decisions are informed by a professional assessment of needs. In relation to care proceedings, the court makes decisions about children in care, including whether to grant a care order, supervision order, special guardianship, or placement order.“

However, this statement glosses over the critical issue that their actions appear to breach legal frameworks set out in both the Children Act 1989 in England and the Children (Northern Ireland) Order 1995.

Legal Violations in Care Relocation

Section 22C(9)(b) of the Children Act 1989 clearly stipulates that a child should not be placed more than 50 miles away from their parental home unless there is clear justification and it is in the child’s best interest. Despite this, East Sussex County Council has authorized the relocation of children, including my own daughter, over 500 miles away to Northern Ireland. This is particularly troubling given that care services in Northern Ireland have been described as “not fit for purpose” by The Irish Times and TULSA.

Under Article 27 of the Children (Northern Ireland) Order 1995, similar provisions exist to safeguard the welfare of children, ensuring they are placed in suitable environments close to their families where possible. These laws are designed to protect vulnerable children and prioritize their needs, emphasizing that any significant distance from their home should be avoided without thorough justification.

Breach of Care Acts and Welfare Concerns

This relocation also raises concerns under the Care Act 2014 in England, which mandates local authorities to act in the best interests of children under their care. The act stresses the need for stability in placements and continuity of relationships. The arbitrary placement of children in distant care settings far removed from their support networks undermines this principle and could be a breach of the council’s duty of care.

The legality of such relocations is now in serious question. Both the Children Act 1989 and Children (Northern Ireland) Order 1995 were enacted to ensure that children remain close to their families whenever possible and that their emotional and physical well-being is safeguarded. East Sussex County Council’s decisions seem to blatantly contravene these principles, exposing a significant failing in their adherence to legal standards in child care and protection.

I would like to inquire why East Sussex County Council is not abiding by the relevant childcare legislation in both the UK and Northern Ireland. Specifically, the Children Act 1989 (Section 22C(9)(b)) in England, and Article 27 of the Children (Northern Ireland) Order 1995, both of which clearly state that children should not be placed more than 50 miles from their parental home unless it is in the child’s best interests and properly justified.

As it stands, children, including my own daughter, have been relocated over 500 miles away from their families to care facilities in Northern Ireland, which have been described as “not fit for purpose” by reputable sources such as The Irish Times and TULSA.

This raises serious concerns about the council’s adherence to the legal duty of care, as outlined in the Care Act 2014, which emphasizes the importance of stability, continuity, and the best interests of the child.

Could you please clarify why these legal frameworks are not being followed in these cases?

I am attaching recent communications to date for your reference. These include correspondence with various stakeholders and authorities, highlighting the ongoing concerns about the relocation of children, including my own, over significant distances. These communications further outline the legal issues surrounding the breach of childcare laws in both the UK and Northern Ireland, as well as the broader concerns about the state of care facilities in Northern Ireland, which have been described as inadequate by The Irish Times and TULSA. I hope this information will provide further clarity on the matter and assist in addressing the legal concerns raised.  

Kind regards,
Mr. Martin Newbold

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