A children's charity is taking High Court action against the government over its claims that some protections of children in care are "myths".
The Article 39 charity is seeking a judicial review of Department for Education guidance to English councils responsible for vulnerable children. The "myth-busting guide" suggests some duties around social worker visits, protections for missing children and care leavers' support can be cut back.
DfE lawyers approved the guide. The guide, which was published last summer, came from the DfE's innovation unit, which encourages new ways of working in children's social care.
It covers the interpretation of legal protections for children in care, care leavers, children who are in custody on remand, and children who go missing or run away.
It comes at a time when local authorities are struggling to pay for support for children in need of protection, with a predicted £2bn shortfall in children's services budgets by 2020.
Release from some of these duties may save them money in the short term, but campaigners say they are important statutory protections which cover some of the most vulnerable children in society.
Last year, 50 organisations and social work experts wrote to children's minister Nadhim Zahawi with a detailed analysis of discrepancies between the guide and the statutory position.
They asked him to withdraw the guide, but he refused - saying neither the legislation nor the statutory guidance had changed.
Legal experts at Simpson Millar, acting on behalf of the charity, lodged the High Court action last week.
It seeks to have the guidance quashed and removed from circulation.
