Care Experience Growing as a Protected Characteristic

 

A growing number of Local Authorities now recognize care experience as a protected characteristic in the law. But why are these protections important, and how can they help address the inequalities care-experienced individuals face? For Care Agency Media's April blog post, we explore the ongoing efforts of care leavers, campaigners and advocacy groups to establish this legislation nationwide and why recognition in the Equality Act can be a powerful tool to improve outcomes for the care-experienced.

The Equality Act 2010 makes it illegal to discriminate against, harass, or victimize a person because they have or are thought to have one of the characteristics protected under the act. Groups that support young people who have been in care argue that their experiences should be formally recognized as a protected characteristic under the act.

People with experience in the care system often face unique challenges, such as a lack of support networks or access to counselling. Recognizing their experience as a protected characteristic empowers these individuals to demand fair and equal treatment from employers and educators. They also have legal recourse if they are mistreated.

Although care-experienced individuals comprise only 1.4% of the overall population, they account for nearly 25% of the UK homeless and prison populations. National recognition could help by requiring targeted programs and initiatives to support care leavers into employment, education, and sustainable housing once they leave care.

As expected, the quality and stability of care affect a young person's outcomes. Of care-experienced prisoners, 16% had been in more than six placements during their time in care. These constant changes disrupt education and cause disruptions in established relationships.

As more Local Authorities and other bodies adopt the policy, it will increase public visibility and awareness of the issue. This greater awareness will help amplify the voices of care leavers to increase understanding and mindfulness of the issue in all walks of life.

Councils in Greater Manchester, Lancashire and Shropshire have adopted the guidance, as have those in Telford and Wrekin. Newcastle and Gateshead provide care-experienced young people with free public transport passes, and several councils offer council tax discount schemes to help support individuals suffering from housing and transport inequalities.

In addition, the Scottish Funding Council (SFC), a national authority for further and higher education funding, has worked with universities and other institutions to create mysterious places, bursaries, and additional support provisions for students from a care-experienced background.

The Center for Excellence for Children's Care and Protection (CELCIS) has released a report highlighting the experiences of young people in care. CELCIS recommends that these experiences be officially recognized as a human rights issue.

After-care and support for young people who have experienced care is crucial. Without family support, these young people have little access to the same opportunities as their peers.

Councils have begun to recognize care experience as a protected characteristic, resulting in more support for young people who have been through the care system. If this recognition were enshrined in national law, there would be better opportunities for all young people, regardless of their background.

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