Oldham, Salford and Trafford Councils have now joined a growing number of Local Authorities who recognise care experience as a protected characteristic in the law. But why are these protections important, and how can they help to address the inequalities faced by care-experienced individuals? For ClouDoc’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 such a powerful tool to improve outcomes for the care-experienced.

The Equality Act 2010 makes it illegal to discriminate against, harass, or victimise a person because they have or are thought to have one of the characteristics protected under the act, or because they associate with someone who does. While the act already formalises protections for race and ethnicity, gender, sexual orientation, disability, and more, young people’s groups argue that the disparity of opportunities and discrimination experienced by those who have been in care compared to those who have not warrants its status as a protected characteristic.

The unique challenges faced by individuals with experience in the care system often require specialised support to address, such as counselling or mentorship programs to provide a positive support network through corporate parenting. By recognising their experience as a protected characteristic, care-experienced individuals are empowered to demand that their right to fair and equal treatment is reflected in the policies and practices of employers, educators, and the government. In many cases, this status also provides individuals with more straightforward legal recourse in cases of mistreatment, abuse, and discrimination.

Although care-experienced individuals comprise only 1.4% of the overall population, they account for nearly 25% of both the UK homeless and prison populations, and this is emblematic of the lack of resources and social support offered to care leavers as young adults. National recognition of care experience could play a vital role by requiring the targeted provision of programs and initiatives to support care leavers into productive employment or education, and sustainable housing once they leave care.

As one might expect, it is not only one’s care experienced status but also the quality and stability of care received which affects outcomes. Of care-experienced prisoners, 16% had been in more than six different placements during their time in care. This level of instability in the lives of young people causes numerous challenges, including disrupting regular education and uprooting the established, stable relationships which are crucial to healthy social development.

As more Local Authorities and other bodies opt to adopt the policy, this also serves to increase public visibility of the issue, spreading awareness and sending a powerful message of support to those who have been through the care system. This greater awareness will, in turn, help to amplify the voices of care leavers to increase understanding and mindfulness of the issue in all walks of life.

As well as those in Greater Manchester and Lancashire, the Councils of both Shropshire and Telford and Wrekin adopted the guidance last month, and pledged to develop additional initiatives to improve outcomes for people who have spent time in care. Newcastle and Gateshead Councils, meanwhile, offer care-experienced young people free public transport passes, and a number of Local Authorities now provide council tax discount schemes to help support individuals suffering from housing and transport inequalities.

Furthermore, the Scottish Funding Council (SFC), a national authority for further and higher education funding, has worked with universities and other institutions to establish reserved places, bursaries, and additional support provisions for students from a care-experienced background, to provide greater equality of opportunity in higher education settings.

Many other public bodies have also pledged to treat care experience as a protected characteristic. A report released by CELCIS (the Center for Excellence for Children’s Care and Protection) shares the voices of care-experienced young people who had faced discrimination and even criminalisation by educators, employers, and the police because of their care background. By CELCIS’ recommendation, the pervasiveness of the inequality faced by care leavers demands national recognition as an important matter of human rights.

The importance of after care and of supporting care-experienced young people into independent adulthood is repeatedly emphasised by advocates. Young people in this position often have minimal or non-existent familial support networks, and so it is crucial that they are provided with sufficient support to be able to pursue the same opportunities as their peers.

The recognition of care experience as a protected characteristic by individual councils has already begun to increase the visibility of the challenges faced by care-experienced young people, and has prompted a number of admirable initiatives and additional support provisions in transport and education. Enshrining this same recognition in national law would be a significant step towards addressing current and future inequalities, and would help foster a more inclusive society where every young person, regardless of their background, has an equal opportunity to succeed.

ClouDoc works tirelessly to ensure businesses from every corner of the health and social care sector remain up-to-date and compliant with the latest legislation, with a comprehensive set of policies and operational documents regularly reviewed by our expert team. Why not reach out to us and find out how we can enable you and your business to spend less time editing documents and more time providing first-class care and support? Give the team a call on 0330 808 0050 to learn more.