Regulation 8(1) cannot dispense with any complaint pertaining to statutory duty that the local authority may have to the individual. Otherwise, there would be a perverse incentive to tie a person up into proceedings so as to neglect statutory duties to them and there is a risk of neglecting your duties during Proceedings

The Children Act 1989 guidance and regulations guidance and regulations Volume Care Planning Case Review July 2021 by the Department for education

Which does not permit a local authority to disregard its statutory duties to an individual simply because they are involved in ongoing proceedings. If this were the case, it could indeed create a problematic incentive for authorities to engage individuals in legal processes in a way that could allow them to evade or delay their statutory responsibilities.

The Children Act 1989 Guidance and Regulations, specifically the Volume 2: Care Planning, Placement and Case Review (July 2021), published by the Department for Education, emphasizes the local authority’s obligations to maintain high standards of care and safeguard the welfare of children in all circumstances, including during proceedings.

This guidance clarifies that:

  1. Statutory Responsibilities Remain Constant: Local authorities have a continuous duty to fulfill their responsibilities as per statutory requirements, irrespective of legal proceedings. This includes maintaining appropriate care plans, regular case reviews, and ensuring the welfare of the child is the primary focus.
  2. Proceedings Should Not Interrupt Duties: Even when involved in complex legal proceedings, the guidance highlights that authorities must not let these interfere with their responsibilities to the child or their family. There should be no neglect or delay in the delivery of services or support that the child or family is entitled to.
  3. Risk of Duty Neglect During Proceedings: The guidance cautions against the risk of duties being overlooked or delayed due to legal proceedings, thereby safeguarding individualsโ€™ rights and well-being.

If you’re encountering a situation where you feel statutory duties are being neglected under the pretext of ongoing proceedings, referencing these points within the Children Act 1989 guidance may reinforce the need for the authority to uphold its obligations continuously.

Here is the link to the resource: The Children Act 1989 Guidance and Regulations Volume 2.


You will note that we have already covered the regulations in regard to providing contract law of care for your cl under Estoppel here ICO Intervention on ESCCโ€™s Information Withholding โ€“ thestealingofemily.co.uk Lucy Letby Case: Legal Implications on Emily case and Family Rights โ€“ thestealingofemily.co.uk

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What is an affidavit: a written statement confirmed by oath or affirmation, for use as evidence in court.

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Class action needed 500 plus cases to bring Truth justice and accountability for our children in the corrupt care system. Anyone who remembers the England Post Office Horizon scandal will know we need 500+ names to get A class, collective or group action is a claim in which the court awards permission to an individual or individuals to bring similarly placed claims in a single case. Collective actions are an efficient way of dealing where there are a huge number of claimants suing a large corporation or social services under a similar set of facts.

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