Campaigners hail "significant rethink" by council in children's home closure battle

Essex County Council has given a legally enforceable undertaking to the High Court that it will not close any of its children’s homes as long as those homes are needed by its “settled” looked after children.

The move came after judicial review proceedings were brought on behalf of a 17-year-old male resident, B, of one of the homes. B had had 15 different foster placements before being placed at his current home.

The National Youth Advocacy Service, which launched the legal proceedings, hailed the undertaking as “a significant rethink” on the part of the council.

NYAS said Essex had previously advised staff at the seven homes earmarked for closure that all the children living in them (except B) would have to move out by 15 December 2011 to allow the closure of the homes to go ahead.

B had been protected by a temporary injunction that was to have lasted until 31 January 2012.

According to NYAS, the High Court judge described as “foolish” Essex’s action in giving the deadline for closure without proper communication of its intentions to the individual children affected, or any proper plans being in place for their transition.

NYAS said the undertaking meant B could continue living in his present home until an agreed suitable alternative placement had been identified.

B’s claim that the closure decision was unlawful has now been withdrawn. The council has been ordered to pay all B’s legal costs.

However, NYAS is also representing five other children and young people who are residents at three of the homes in judicial review proceedings. These cases will be heard by the High Court on 5 December.

A spokeswoman for Essex County Council insisted that the authority was pleased that a positive agreement had been reached.

She argued that the agreement reached was consistent with a pledge Essex originally made when deciding to close all bar one of its eight homes.

This pledge was “that we will not seek to move any child or young person from any residential children’s home until a suitable alternative placement has been identified and the move has been agreed through the statutory reviewing process, including taking proper account of the views of the child/young person or their proper representative.”

The spokeswoman said each individual home would only be closed when no child or young person was resident. “We will of course at all times keep sufficient staff for the children/young people remaining in the homes,” the spokeswoman said.

She added: “It is unfortunate that the courts had to become involved as we have always made it clear that our intention was to find placements according to the specific needs of the individual child and this is reflected in the agreement reached.”

Philip Hoult