Systemic disadvantage and unrecognised resilience: Why experience of the care system should be a protected characteristic
‘Being care experienced means being disadvantaged. Yet, we are the only group who face systematic disadvantage not covered by the Equality Act.’
Last week, Revolving Doors members with experience of the care system met with the Children’s Commissioner Dame Rachel De’Souza to discuss why being care experienced so often leads to the revolving door of crisis and crime, and how this could be changed.
Earlier this year we responded to the Commissioner’s consultation on whether care experience should become a protected characteristic. Our members were very clear this was a step that should be pursued, not least because care leavers’ outcomes remain poor, despite their resilience and talents.
Care leavers are a group that feature prolifically in the criminal justice system, with 25% of prisoners self-identifying as care experienced. Gaps across the system allow care leavers and those currently within the care system to become marginalised, leading to entrapment in criminality.
‘Care experience being a protected characteristic would] add protection, duty, responsibility and accountability.’
‘It could lead to further opportunities and support for care leavers.’
Early failings, systemic disadvantage and low aspirations
It should shame our country that more than half (52%) of children in care have a criminal conviction by age 24 compared to 13% of children who had not been in care. 15% of looked-after children have received a custodial sentence by age 24 years, compared with 1% of children who had not been in care.
‘It’s important to recognise mistakes and rectify them.’
The failings endured by those with care experience start early. Abuse, neglect, and family tragedy comprise just three of the common reasons children go into care, with a sad lack of help to process these experiences.
‘We can all understand that all children going into care have experience trauma. A trauma-informed approach is needed…Evidence was ignored when I was younger and in care, I was always labelled as a problem…Moving around a lot has a big impact. Why is a lack of a stable home my fault as a child?’
Once in the care system the journey is often turbulent, involving multiple moves of schools and homes, with 16% of care experienced prisoners having had more than six different placements whilst in care. Looked-after children also report that teachers see their care-experience as a reason to have lower aspirations for them, such as not encouraging them to apply for university, or encouraging them to aim for higher grades.
‘Children in the care system need to see that when something goes wrong in how they are treated there are consequences for that.’
‘Accountability is key…Children need to see something change. Every time someone makes a mistake, that’s another child failed.’
‘I didn’t get help because I was the naughty child’.
‘Labelling children is a problem… It’s a system that’s designed for children not to fit in.’
Those who have been in care are also overrepresented amongst people experiencing homelessness. . It is estimated that 17% of young people leaving care who are eligible for aftercare go on to make a homeless application.
‘People who have been in care are used to people speaking for them, they don’t know how to advocate for themselves. You need to help people with their problems. We know where we need to put cement in, to stop people falling through the cracks.’
We also know that those with experience of care can face discrimination, with employers, landlords and other services providers able to use their history against them. Our care experienced members tell us they feel they have faced prejudice because of their care background – including from potential employers and potential landlords.
‘Sometimes, as a care leaver, you have to hide your history, or you are made to feel ashamed of your history.’
‘I’m 35 and I’ve moved more times in my entire life than the years I’ve been alive. You start off getting moved around the care system and then by the time you get to adulthood, when you’ve got mental health problems, you’re then just continually move around to here, there and everywhere and it just sort of creates an acceptable pattern of how you can be treated. I think that actually by making it a protective characteristic, it gives some recognition.’
‘Care is such a confidence knocking things. I know I’m perfectly capable to go to university, but part of me still today that feels like I can’t and that shouldn’t even be here in this room… You’re doubted even as being a mum, people look that you’ve been in care.’
Empowerment through recognition
So, what can be done?
The final report of the Independent Review of Children’s Social Care headed by Josh McCallister was published in May 2022, and included the recommendation that the Government should make care experience a protected characteristic.
Although this has not been taken on by the government, 90 councils in England and Scotland have already committed to adding care experience to the list of existing protected characteristics. This means that the needs of care leavers are considered in any equality impact assessments which are made for future policies and policy changes.
‘‘I think that making it a protected characteristic says as a society we recognise that it’s wrong to judge you on your care experience and it’s wrong to try and use it against you.’
‘People should be assessed differently because they are different. They have different mental health needs and need different support.‘
Arguing that it would not only empower care leavers to challenge discrimination, the report highlights that this might also drive organisations to adapt and understand the unique needs of this group. This could be a crucial step towards creating a more inclusive and understanding society for care leavers, helping those in the group to have their health and social care needs met and allowing them to progress through life without becoming trapped in the revolving door of crime.
‘Maybe if companies were forced to consider people that have been through the care system within their diversity strategy, like when they are looking at people from different background, it would open up opportunities.’
‘I think that organisations should have the responsibility for understanding and adapting things for those with care experience. I’m not sure that it would necessarily create more trust but what it would do is where there are breaches, it gives somebody the right to complain. It also means that services recognise that sometimes being in care means there are things you don’t know. Nobody shows you how to do some things and the system should accommodate that.’
‘Use people with lived experience to engage people for better outcomes.’
We await the response to the Children’s Commissioner’s consultation and will continue advocating for the inclusion of care experience as a protected characteristic.
