Make care experience a protected characteristic in law, Care Review urges
Fiona Simpson
Tuesday, May 24, 2022
Care experience should be made a protected characteristic in law, the Care Review recommends.
The call comes following a campaign by care leavers for it to be included in Care Review chair Josh MacAlister’s final recommendations.
“To tackle the stigma and discrimination many care leavers face in their day to day lives, the UK should be the first country in the world to recognise the care experience as a legally protected characteristic in equalities legislation,” the report states.
This would mean care-experienced people would be protected by certain types of discrimination under the Equality Act 2010.
It adds that the change should be introduced following a consultation with care-experienced people and the devolved administrations.
The campaign to include the recommendation in the review was led by the #ShowUsYouCare campaign, which is run by care-experienced people.
Terry Galloway, a member of the campaign, said: “We are proud to have campaigned for this, we lobbied hard and got quite a bit of support and momentum along the way.
“The change will require primary legislation and the opening of the Equality Act which is going to be difficult. However, it’s possible for organisations that believe in this to do it voluntarily, so our focus is to introduce this in as many local authorities as possible.”
In the recent local elections, 25 candidates who backed the call were elected across 18 councils in the UK.
In his final report, MacAlister sets out five missions to “achieve dramatic change” for care-experienced people:
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No young person should leave care without at least two loving relationships, by 2027
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Double the proportion of care leavers attending university, and particularly high-tariff universities, by 2026
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Create at least 3,500 new well-paid jobs and apprenticeships for care leavers each year, by 2026
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Reduce care experience homelessness now, before ending it entirely
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To increase the life expectancy of care-experienced people, by narrowing health inequalities with the wider population.
MacAlister has put forward recommendations to the government including the passing of new legislation “which broadens corporate parenting responsibilities” across all public bodies with a responsibility for children in care.
MacAlister also recommends the creation of a National Children’s Social Care Framework which he says should include a duty on all local authorities to “have skilled family finding support equivalent to or exceeding, the work of Lifelong Links in place by 2024 at the very latest”.
Further recommendations for care-experienced people include:
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The creation of a new lifelong guardianship order
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Changes to Ofsted inspection to ensure virtual school heads are held accountable for the education attainment of children in care and care leavers up to age 25
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The Care Leaver Covenant should be refreshed to align with the five missions set out in this report and co-produced with care-experienced people.
Responding to the review, Mark Russell, chief executive of the Children’s Society, said: “It is good to see the focus upon giving young people a real voice in decisions that affect their lives, and the proposed additional support for care leavers which emphasises the importance of positive relationships in their lives, as well as access to jobs and education.
“We agree urgent action is necessary to ensure enough care placements are available where they are needed, but national government leadership will be needed to deliver change.”
Katharine Sacks-Jones, chief executive of Become, added that “the review rightly identifies an urgent need for reform, and we welcome calls for lifelong loving relationships to be at the heart of care.
“There are some proposals which could make a real difference to children’s lives, including around support for those leaving care.”
However, she added: “It is imperative that the government set out how they will consult with care-experienced young people on these reforms. To effectively improve children’s lives and radically transform the care system, the government must also provide the funding and resources needed.”