Strategic Litigation

ECRU is developing a growing expertise in strategic litigation.

British Citizenship fees imposed on children

In 2019, ECRU members submitted expert evidence to support litigation concerning British Citizenship fees imposed on children (led by the Project for the Registration of Children as British Nationals and Amnesty International ([2019] EWHC 3536 (Admin)).

 

 


Challenging the lawfulness of separating children from their parents at the Mexican/US border

In 2019, we contributed our expertise in international children’s rights law to an Amicus Curiae Brief challenging the lawfulness of the US Administration’s policy of separating children from their parents at the Mexican/US border (State of California et al v. Kevin K. McAleenan, Case No: 2:19-cv-07390).

Photo by Greg Bulla on Unsplash.

 

 


Establishing a registered Trade Union for Foster carers

Currently, ECRU are acting as third party intervenors in an ongoing appeal by foster carers to be recognised as workers for the purposes of establishing a registered Trade Union for Foster carers. The Government (the Trade Union’s Certification Office, and the Secretary of State for Education) and the Local Government Association (representing Local Authorities) have strongly resisted this move, arguing that granting foster carers worker and union-related status would be contrary to the best interests of children.

ECRU was granted permission to intervene as a third party in the legal proceedings (NUPFC v Certification Officer Case No: UKEAT/0285/17/RN). This is the first known occasion in which a UK academic research unit has been permitted to intervene as parties in legal proceedings such as this. In doing so, we have brought children’s rights principles (particularly around best interests), guidance and evidence, to bear on the central questions to challenge the government’s position on foster carers’ current legal status. The Court of Appeal hearing is expected to take place in December 2020.

Photo by Gabe Pierce on Unsplash.