Joint Committee on Human Rights launch new inquiry on the Human Rights of Children in the Social Care System in England

Find out how to submit written evidence

Take part in our survey

Out of nearly 12 million children living in England, over 400,000 are in the social care system at any one time. Out of these, nearly 84,000 children in England are “in care” (i.e. being looked after by local authorities).  

The new inquiry will examine how well the human rights of children in England are protected in the social care system. It will have a particular focus on children “in care”, but wider aspects of the system will also be relevant, for example in regard to kinship care, to the availability of additional support to families with disabled children, or to the efficacy of early intervention measures. 

The Joint Committee has launched a call for written evidence asking questions on issues such as the adequacy of the legal framework and the availability of complaints mechanisms. The Committee has also launched an online survey [link] to better understand the views of those who have experience of the children's social care system in England. The quick to complete survey includes multiple-choice questions and all answers to the survey are confidential. 

Launching the inquiry, Chair of the Joint Committee on Human Rights, Lord David Alton said: 

“This inquiry will examine the legal, strategic and practical approaches overseeing how human rights are protected in the children's social care system in England. We also want to understand what it is like for those in the children's social care system. If you have been placed in care, or know friends or relatives who have, please take a moment to complete our online survey. Your contributions are invaluable to us in getting a real picture of what is going on.” 

Terms of reference 

The deadline for written submissions to the inquiry is 25 August 2025. Written submissions are invited on the following questions:    

Legal Framework 

1. To what extent are Convention rights protected in the children's social care system, particularly: 

• The right to respect for private and family life, Article 8 ECHR (for example in relation to sibling separation and relocation). 

• The right to liberty and security, Article 5 ECHR (for example in relation to Deprivation of Liberty orders). 

• The right to a fair trial, Article 6 ECHR (for example in relation to access to justice and legal advice). 

• The protection against discrimination in the enjoyment of Convention rights, Article 14 ECHR.  

• The right to an effective education, Article 2, Protocol 1 ECHR. 

1. If the UN Convention on the Rights of the Child were to be incorporated into domestic law in England, to what extent would that affect the protection of the human rights of children supported by or in the social care system? 

1. What would be the legal and practical consequences of making care experience a protected characteristic under the Equality Act 2010? Would you support this change? 

1. Do any human rights concerns arise from the disabled children's social care framework? If so, what are they? 

Accommodation 

1. To what extent are there human rights concerns about the accommodation available to children in care? Are there particular concerns in relation to available accommodation for unaccompanied asylum-seeking children? 

Kinship care 

1. What human rights considerations arise from both formal and informal kinship care? 

Criminal Justice 

1. To what extent are children with care experience overrepresented within the criminal justice system? If they are overrepresented, what are some of the driving factors for this? 

Training and understanding 

1. To what extent is there a clear understanding by organisations, individuals, and public authorities, about statutory duties owed to children in the social care system, as well as the individual entitlements of these children? Do social workers, as well as others involved in providing support to children in care, receive adequate human rights training? 

Complaints and remedies 

1. To what extent are there clear and effective complaints mechanisms, as well as effective remedies, to deal with human rights issues arising in children's social care system? 

Good practices 

1. Are there examples of good practices that protect and promote human rights in children's social care systems from devolved nations or other countries, which could improve the system in England?