MPs and peers call for comprehensive statutory guidance on children’s social care law to clarify rights and responsibilities

In a report, Human Rights of Children in the Social Care System in England, the committee outlines the findings of its inquiry into the children's social care framework to investigate human rights issues affecting children and people in care, care leavers, and those receiving support of the children's social care system.

Around 400,000 children in England are in the social care system, with nearly 84,000 being looked after by local authorities.

In its report, the Joint Committee calls on the Government to fully incorporate the UN Convention on the Rights of the Child into English law to provide a “clear overarching framework” to safeguard the human rights of children in care.

The committee notes: “This would not only increase protections for children but enhance the accountability of public authorities tasked with supporting them.”

Beyond concerns around the quality of immediate support provided to children, the report highlights the “lifelong consequences” for children who have engaged with the social care system.

For example, it notes that care leavers have spoken of a ‘cliff edge’ as they reach adulthood and support networks disappear.

Making a recommendation in this area, the report calls on the Government to explore how it can provide support beyond current rigid age cut-offs, to ensure better outcomes for care leavers in areas including housing, health, education and employment.

Meanwhile, the report highlights the value of kinship care and calls on the government to provide greater support to keep children in family networks.

It notes: “The Kinship Allowance Pilot scheme is a welcome step in the right direction but many families will remain unsupported while the programme is rolled out and tested.

“The Government should examine interim measures including financial allowance and access to parental leave while a long-term solution is developed.”

Looking at care for disabled children, the committee describes this as “inconsistent and difficult to navigate”.

It warns that the lack of national criteria for disabled children’s care has created a “postcode lottery”, and should be rectified to ensure equality of access across the country.

Finally, looking at the accommodation model in children’s social care, the Joint Committee observes that a lack of capacity has resulted in children being placed in “expensive and wholly inadequate accommodation”, often far from support networks.

It calls on the Government to end the use of unregulated spaces “as a matter of urgency”, and to explore the following measures:

• Increasing efforts to drive up local authority supply of placements through adequate funding;
• Carrying out tougher inspections;
• Tackling delays in the registration process for homes.

Chair of the Joint Committee on Human Rights, Lord David Alton said: “We have a moral duty as a society to uphold the human rights of children and young people. The children’s social care system is there to be a crucial safety net to support the most vulnerable in society.

"The evidence we have heard from children in care, care leavers and experts in the field is that too often it is failing to prevent people falling through the gaps. The challenges for those in need of care do not stop when childhood ends - from the 'cliff edge' of support ending at the age of 18, to the increased likelihood of entering the criminal justice system to facing discrimination once they leave care."

He continued: “[…] The crisis in accommodation must be dealt with once and for all. Local authorities with an urgent need to house vulnerable children should not be cash cows for accommodation providers.

"Unlicensed and illegal homes are a licence to print money – costing the taxpayer £353 million a year. The Government must work with local authorities to ensure the capacity is there for safe, secure and cost-effective spaces that meet local need.”

The Department for Education has been approached for comment.

Lottie Winson