Lords' debate ramps up calls for outright ban of unregulated placements

The calls came folowing a debate over a report by the Children’s Commissioner for England, Unregulated: children in care living in semi-independent accommodation, in which Baroness Berridge, parliamentary under-secretary of state for education, appeared to dismiss the need for an outright ban.

In her report, published in September, Anne Longfield said: “The government has proposed cleaning up the unregulated sector by introducing new minimum standards, but this does not address the real problem – allowing children under 18 to be placed in this accommodation in the first place.”

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Baroness Doocey described the report as “a harrowing catalogue of information from police about providers of unregulated accommodation who are affiliated with major organised crime organisations and are using staff members with criminal records to work with children”.

“What action has the government taken to deal with these very serious issues since they came to light?” Doocey asked.

Berridge said: “There are circumstances in which, according to their needs, it is best for a young person of 16 or 17 to be in this type of semi-independent or independent living accommodation.

“The local authority has the primary statutory duty to safeguard all young people in their area up until the age of 18, or beyond under certain initiatives. 

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“We are clear that those under the age of 16 who need care, not just accommodation, should not be placed in these kinds of settings."

The comments drew criticism from campaigners on Twitter.

Carolyne Willow, director of Article 39 which backs the #KeepCaringto18 campaign, wrote: “The minister states that children aged 15 and under ‘who need care, not just accommodation, should not be placed in these kinds of settings’. 

“Inexplicable that government believes 16 and 17 year-olds in care don't need care.”

It is. This govt isn't just doing nothing for children. In seeking to allow children from 16 to be placed in unregulated provision they're taking away their legal rights to receive care & subsequently aftercare support into adulthood. Cynical cost cutting & abdication of duty

— Ian Dickson (@IDickson258) November 17, 2020

The Every Child Protected Against Trafficking group added: “Children aged 16 and 17 in care need care! This issue affects many child victims of trafficking who are placed in unsuitable and unregulated accommodation, leaving them vulnerable to further exploitation and harm.” 

Education Secretary Gavin Williamson announced a review into the use of unregulated provision, including banning it for under-16s, in February.

However, due to the Covid-19 pandemic the response to the review has been delayed, the House of Lords heard this week.

The government will set out “plans for reform in the government’s response to the consultation in due course”, Baroness Berridge, parliamentary under-secretary of state for education, said.

The review has previously been criticised by the sector over its failure to consult care experienced people as well as the formation of a working group to draft national standards for such accommodation while a public consultation was ongoing.