#KeepCaringTo18 week of action
Next week, the law governing decisions about children in care in England will change dramatically. From 9 September 2021 the law in England will discriminate against children in care based on their age when decisions are made about where they live.
From 9 September 2021, for the first time ever, the law in England discriminates on the basis of age when decisions are made about where children in care live.
We've been campaigning against this discriminatory legislation because we are deeply concerned about the safety and wellbeing of 16- and 17-year-olds in care today, and the longer-term impact of forcing them to fend for themselves much too early. Homelessness, mental health, and prison statistics already show the care system fails far too many young people. Children from black, Asian and minority ethnic communities and boys will be disproportionately affected by this change to law.
If you share our concerns, join our #KeepCaringTo18 week of action.
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Add your organisation to our campaign supporter list
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Sign our campaign petition
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Make an online statement in support of #KeepCaringTo18 using our handy testimonial template
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Donate to Article 39’s crowdfunding appeal if you can
Background
Following huge concern about the serious harms caused to children in care living in supported accommodation (known as ‘semi-independent’ and ‘independent’ accommodation) – shared housing, bedsits, hostels and flats – the Department for Education introduced secondary legislation in February 2021. This comes into force next week.
The new secondary legislation lists the types of ‘other arrangements’ councils can make for children in care who are aged 15 or younger, when it is not possible for them to live with a parent or someone else who is connected to them, or with foster carers or in a children’s home.
This means councils will still be able to put children in care who are aged 16 or 17 in places where they do not receive any care. Over one-third of 16 and 17 year-olds in care (more than 6,000 children) are already living in places where they do not receive any care. This is bound to increase with this change to the law – because it is telling councils it is OK to treat children differently on the basis of their age.
Separately, the government plans to introduce standards for supported accommodation for children in care aged 16 and 17. However, it is deliberately omitting any requirement to provide care. This is because quality standards already exist for establishments providing care and accommodation. These are children’s homes standards.
Instead of making those who run supported accommodation follow the existing nine quality standards for children’s homes, the government has drafted an inferior set of four standards. We don’t yet know what plans they have for inspection. But our central concern is that teenagers aged 16 and 17 who are in care will be going without any care where they live.
Secondary legislation differs from Acts of Parliament because it is made by government ministers. It does not have to have the approval of Members of Parliament or Peers in the House of Lords.
Article 39 children’s rights charity is legally challenging these discriminatory changes through a judicial review, which is currently listed to be heard in the High Court in December.