Children in care protected from falling into Justice system

• Government will review ‘National Protocol' guidelines to stop the criminalisation of children in care  
• Care leavers are ten times more likely to end up in prison and review will identify new measures to help agencies better support those at risk 
• Part of the Government's Plan for Change to open up opportunities for all young people, so they can fulfil their potential

Children in care will get more support to stop them ending up in prison, as the Government announces it will review how the state looks after vulnerable young people.

This will look at what more can be done to stop disproportionate numbers of vulnerable young people living in care from being criminalised, and make sure care leavers and their families get the support they need rather than criminal sanctions for less serious incidents.

It will ask how local authorities, schools and police can better work together to identify children at risk of being dragged into crime and offer targeted support earlier to prevent them entering the justice system such as specialised trauma counselling or peer mentoring schemes.

Changes to the National Protocol – guidelines and procedures for local agencies to use when caring for children – could also bring in stronger checks for health services, school and the police to better hold them to account, making sure they are providing the support expected of them and that those in care are not punished more harshly than their peers.

Today's announcement, which also marks National Care Leavers' month, comes as the Children's Commissioner finds children in care are often treated disproportionately as criminals.

Children in care often face significant early trauma, instability and abuse, leaving them more vulnerable to exploitation and crime. People who have been in care are four times more likely to receive a criminal conviction and ten times more likely to end up in prison compared to everyone else.  

The Children's Commissioner has called for a strengthened National Protocol to be applied consistently across the country for every child in care, and today's announcement is the first step to address this.

The plans support the Deputy Prime Minister's Global Campaign on Children's Care Reform which calls on world leaders to invest in care leavers and offer every child the best start in life.  

Deputy Prime Minister David Lammy said:  

“I've seen firsthand how children in care too often bear the brunt of other people's failures to protect them.

“Strengthening the Protocol will mean these children are treated as children, rather than criminals. Ensuring they get proper help and support means we can change the path they're on, stop them turning to lives of crime and give them a more positive future.”  

Children who have been in care who are sent to prison when they are young are more likely to offend as adults, By cutting the number of young people in system, bringing this in line with the rate of the wider population, the government can cut crime, keep the public safe and potentially put at least 20,000 fewer adults in custody in the long-term - a key mission of this Government's Plan for Change.  

The improved protocol will be published in Spring 2026.

Children and Families Minister Josh MacAlister said:

“Every child in care deserves to be met with understanding and opportunity.

“If a child in care ends up in contact with the justice system, our strengthened National Protocol will make sure they are treated with care and compassion.

“Combined with our measures to require councils to provide better support and accommodation for care leavers, this is a key step in breaking down barriers to opportunity for some of the most vulnerable young people in our society.”

Policing Minister, Sarah Jones said:

“Children in care face challenges no child should experience. Across government we are focusing on how to better join-up local authorities, schools, the police and others to prevent vulnerable young people from being drawn into crime and to make sure they have every chance to thrive."

Children's Commissioner Dame Rachel de Souza said:

“Children in care are frequently charged with offences such as assault or criminal damage under the value of £5,000 – behaviours and issues that, in any other home, would be treated with care, understanding and support, not police intervention. When it comes to children in care, we take away their innocence – never giving them the benefit of the doubt.

“This protocol encourages professionals to consider whether a child's behaviour would lead to arrest if they lived with their families – and to take steps to change these patterns. I'm delighted that the Deputy Prime Minister has responded so swiftly and decisively to this issue and look forward to working closely with him to improve outcomes for care experienced children and young people.”

ENDS  

Further information 

• The National Protocol for Reducing the Unnecessary Criminalisation of Looked-after children and Care leavers was published in 2018 by the Home Office, Ministry of Justice and Department for Education. 
• The Protocol provides guidance for multi-agency working, primarily between police and social care, to recognise the impact of trauma on behaviour and to use de-escalation techniques and restorative approaches rather than criminal justice to manage low level incidents. 
• The updated Protocol will be published in 2026.  
• The Global Campaign on Children's Care was launched by Deputy Prime Minister David Lammy in January 2025. It aims to transform the lives of children globally so that all can live in a world free of violence, exploitation and harmful practices.