Human Rights of Children in the Social Care System in England

Human Rights (Joint Committee) Open Inquiry
Opened: 15 Jul 2025 Parliament page
This inquiry will consider the extent to which the human rights of children in England are protected in the social care system. This inquiry will have a particular focus on children in care (“looked after children”), but wider aspects of the children’s social care system will be relevant, for example … Read more
21 Recommendations
36 Conclusions
1 Report
5 Oral sessions
1 Letter
5 Events
Activity timeline 7 events
27 Aug
2026
Report published
18 Jun
2026
Correspondence
3 Jun
2026
Oral evidence
11 Mar
2026
Oral evidence
21 Jan
2026
Oral evidence
10 Dec
2025
Oral evidence
10 Sep
2025
Oral evidence
Oral evidence sessions 5 sessions
3 Jun 2026
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Josh MacAlister MP · Department for Education
11 Mar 2026
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Andrew Reece · Wales & England British Association of Social Workers Yvette Stanley · Ofsted
21 Jan 2026
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Alexandria Walden · Google Dame Rachel de Souza, Children’s Commissioner for England
10 Dec 2025
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Panel One
Alex Ruck Keene KC (Hon) · 39 Essex Chambers Anna Bird · Disabled Children's Partnership Caroline Coady · National Children's Bureau Connor Johnston · Law Commission Professor Alison Young · University of Cambridge
10 Sep 2025
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Lynn Perry MBE · Barnardo’s Matt Blow · Become Stewart MacLachlan · Coram Children’s Legal Centre
Title HC No. Published Items Response
2nd Report - Human Rights of Children in the Social Care System … HC 161 27 Aug 2026 57 No response document linked
Recommendations & Conclusions
57 results
1 Conclusion
2nd Report - Human Rights of Child…
Although the UK has signed and ratified the UNCRC, England has not incorporated the Convention,...
Although the UK has signed and ratified the UNCRC, England has not incorporated the Convention, while Wales has indirectly incorporated it, and Scotland has directly incorporated it into Scots Law. This creates inconsistency in the application of UNCRC protections for … Read more
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2 Conclusion
2nd Report - Human Rights of Child…
As mentioned by many stakeholders, including the Children’s Commissioner for England, the UN Committee on...
As mentioned by many stakeholders, including the Children’s Commissioner for England, the UN Committee on the Rights of the Child, and UNICEF, incorporation would give the UNCRC teeth, increasing protections for children in England, and enhancing accountability of public authorities. … Read more
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3 Conclusion
2nd Report - Human Rights of Child…
Incorporation of the UNCRC could be very beneficial for children in care and children receiving...
Incorporation of the UNCRC could be very beneficial for children in care and children receiving support from the children’s social care system. Benefits could include the promotion of care standards and the creation of further avenues for dealing with breaches … Read more
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4 Recommendation
2nd Report - Human Rights of Child…
The government should take steps to fully incorporate the UNCRC into domestic law in England.
The government should take steps to fully incorporate the UNCRC into domestic law in England. Until full incorporation takes place, the government should consider short-term measures, such as developing mandatory child-rights impact assessment procedures for legislation and policies relevant to … Read more
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5 Conclusion
2nd Report - Human Rights of Child…
The disabled children’s social care framework is complex and difficult to navigate.
The disabled children’s social care framework is complex and difficult to navigate. In line with the Law Commission’s recommendations, we agree that there should be a single, comprehensive piece of statutory guidance on disabled children’s social care law, clearly setting … Read more
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6 Conclusion
2nd Report - Human Rights of Child…
We agree with the Law Commission: the definition of disability in the Children Act 1989...
We agree with the Law Commission: the definition of disability in the Children Act 1989 is outdated. It contains stigmatising language and it does not match modern definitions of disability used in other areas of law. The definition should be … Read more
Ministry of Justice
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7 Conclusion
2nd Report - Human Rights of Child…
To ensure that disabled children and their families are aware that they are entitled to...
To ensure that disabled children and their families are aware that they are entitled to an assessment of their needs, the duty on local authorities to provide one should be clear and explicit. We agree with the Law Commission’s recommendation … Read more
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8 Conclusion
2nd Report - Human Rights of Child…
Assessments of children’s needs must also effectively identify neurodivergence, and must lead to the provision...
Assessments of children’s needs must also effectively identify neurodivergence, and must lead to the provision of adequate support to meet the needs of neurodivergent children. (Recommendation, Paragraph 59)
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9 Conclusion
2nd Report - Human Rights of Child…
Ensuring that disabled children are safe from harm is, of course, extremely important.
Ensuring that disabled children are safe from harm is, of course, extremely important. In some circumstances, such as where there is evidence of risk of harm or abuse to the child, a child protection approach may be appropriate and, indeed, … Read more
Ministry of Justice
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10 Recommendation
2nd Report - Human Rights of Child…
However, conducting assessments of disabled children’s needs only through a child protection lens, rather than...
However, conducting assessments of disabled children’s needs only through a child protection lens, rather than a support lens, can lead to the stigmatisation of carers and the failure to provide adequate support to children who might need it. The government … Read more
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11 Conclusion
2nd Report - Human Rights of Child…
The lack of national eligibility criteria for the provision of support to disabled children means...
The lack of national eligibility criteria for the provision of support to disabled children means that some children are able to receive the support they need while others with similar needs are unable to receive support simply because of where … Read more
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12 Recommendation
2nd Report - Human Rights of Child…
In introducing national eligibility criteria, the government must consult widely with children, their families and...
In introducing national eligibility criteria, the government must consult widely with children, their families and their carers, and local authorities as well as sector organisations and experts in the field, to ensure that the criteria adequately meet the needs of … Read more
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13 Recommendation
2nd Report - Human Rights of Child…
We have heard evidence about the considerable benefits of keeping children within family networks.
We have heard evidence about the considerable benefits of keeping children within family networks. We believe that the government must emphasise the importance of loving kinship arrangements and support them whenever possible. (Conclusion, Paragraph 82) Read more
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14 Conclusion
2nd Report - Human Rights of Child…
We welcome the government’s recent and planned reforms and focused work in the area of...
We welcome the government’s recent and planned reforms and focused work in the area of kinship care. However, efforts must not end there. Children should be able to stay within family networks wherever possible, having due regard to the child’s … Read more
Ministry of Justice
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15 Recommendation
2nd Report - Human Rights of Child…
We also welcome the Law Commission’s project on legal reform of kinship care.
We also welcome the Law Commission’s project on legal reform of kinship care. We particularly welcome the Law Commission’s plans to investigate the benefits and drawbacks of introducing a bespoke order to recognise, support, and regulate kinship care. Such an … Read more
Ministry of Justice
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16 Conclusion
2nd Report - Human Rights of Child…
Kinship carers and the children they care for in England are often in need of...
Kinship carers and the children they care for in England are often in need of financial support, and inconsistent provision of that support can place them in significant difficulties. This is especially the case when informal arrangements are in place. … Read more
Ministry of Justice
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17 Recommendation
2nd Report - Human Rights of Child…
We welcome the Kinship Allowance Pilot, and we welcome the initiative by some local authorities...
We welcome the Kinship Allowance Pilot, and we welcome the initiative by some local authorities to provide financial support to kinship carers prior to, and outside of, the Pilot. But efforts must not end there. The majority of children in … Read more
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18 Conclusion
2nd Report - Human Rights of Child…
We agree with the government that the children’s social care market is fundamentally broken.
We agree with the government that the children’s social care market is fundamentally broken. There is a serious sufficiency crisis across the country, leading to children not being placed in accommodation that supports their needs. (Conclusion, Paragraph 106) Read more
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19 Recommendation
2nd Report - Human Rights of Child…
We welcome the expansion of Regional Care Cooperatives (RCCs), alongside the suite of changes to...
We welcome the expansion of Regional Care Cooperatives (RCCs), alongside the suite of changes to combat care market profiteering. While it is too early to tell whether these measures will be effective, these are steps in the right direction. Alongside … Read more
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20 Conclusion
2nd Report - Human Rights of Child…
Children are too often placed in accommodation far from family and friends.
Children are too often placed in accommodation far from family and friends. Failure to promote contact with siblings and other family members could amount to a breach of children’s rights to private and family life under Article 8 ECHR. (Conclusion, … Read more
Ministry of Justice
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21 Conclusion
2nd Report - Human Rights of Child…
There must be greater emphasis on the need to maintain and prioritise stable, lifelong relationships.
There must be greater emphasis on the need to maintain and prioritise stable, lifelong relationships. The availability and promotion of contact with family members and friends, where safe and in the best interests of the child, must be the default … Read more
Ministry of Justice
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22 Recommendation
2nd Report - Human Rights of Child…
We welcome the changes introduced by the Children’s Wellbeing and Schools Act 2026 to require...
We welcome the changes introduced by the Children’s Wellbeing and Schools Act 2026 to require local authorities to allow reasonable contact between children in care and their siblings but note that such a flexible 101 standard could be interpreted narrowly … Read more
Ministry of Justice
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23 Conclusion
2nd Report - Human Rights of Child…
While we understand that it can be very difficult for local authorities to arrange suitable...
While we understand that it can be very difficult for local authorities to arrange suitable accommodation for all children in their care, it is never acceptable to place a child in an illegal home. (Conclusion, Paragraph 130)
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24 Conclusion
2nd Report - Human Rights of Child…
Unregulated accommodation, including caravans, holiday rentals or AirBnBs, do not allow for formal inspections or...
Unregulated accommodation, including caravans, holiday rentals or AirBnBs, do not allow for formal inspections or scrutiny. Such settings are unlawful, unsafe, and represent a serious failure to protect children. They are also not good value for public money. We are … Read more
Ministry of Justice
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25 Conclusion
2nd Report - Human Rights of Child…
We welcome the Government’s renewed focus on expanding fostering.
We welcome the Government’s renewed focus on expanding fostering. Long- term solutions will involve systematic changes to ensure loving homes for all children in care. However, the accommodation of children in illegal homes is a problem that cannot wait. (Conclusion, … Read more
Ministry of Justice
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26 Conclusion
2nd Report - Human Rights of Child…
We agree with the Children’s Commissioner: the government and Ofsted must sort this out and...
We agree with the Children’s Commissioner: the government and Ofsted must sort this out and must move children to suitable regulated accommodation as a matter of urgency. We also agree that measures that should be explored include increasing efforts to … Read more
Ministry of Justice
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27 Conclusion
2nd Report - Human Rights of Child…
We have heard evidence that many children do not feel safe or do not have...
We have heard evidence that many children do not feel safe or do not have their needs met whilst in so-called supported accommodation. Many of these children are legally looked after but not receiving day-to-day care. While the new regulatory … Read more
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28 Conclusion
2nd Report - Human Rights of Child…
We agree with the Children’s Commissioner for England and with the recommendation made in the...
We agree with the Children’s Commissioner for England and with the recommendation made in the 2022 Independent Review of Children’s Social Care that a universal set of standards of care should be introduced and applied to all settings of the … Read more
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29 Conclusion
2nd Report - Human Rights of Child…
We appreciate that in certain circumstances, for welfare reasons, children in care may be deprived...
We appreciate that in certain circumstances, for welfare reasons, children in care may be deprived of their liberty. But every effort should be employed to offer support to children before depriving them of their liberty. Deprivation of liberty must be … Read more
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30 Conclusion
2nd Report - Human Rights of Child…
The consequences for children in care of the Supreme Court’s recent changes to the law...
The consequences for children in care of the Supreme Court’s recent changes to the law on deprivation of liberty should be kept carefully under review. It is crucial that children who are held in conditions akin to confinement are not … Read more
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31 Conclusion
2nd Report - Human Rights of Child…
We welcome the fact that the majority of missing children have now been found.
We welcome the fact that the majority of missing children have now been found. However, we continue to be extremely concerned about the fact that some children who went missing from asylum hotels in previous years remain missing. (Conclusion, Paragraph … Read more
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32 Recommendation
2nd Report - Human Rights of Child…
Until all missing children and young people are found, the government should regularly publish data...
Until all missing children and young people are found, the government should regularly publish data about the missing children and, where possible, make public any guidance shared with local networks. (Recommendation, Paragraph 165)
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33 Recommendation
2nd Report - Human Rights of Child…
The government should also make clear what specific action is being taken to locate these...
The government should also make clear what specific action is being taken to locate these children, to investigate the causes for them going missing, and to avoid unaccompanied asylum-seeking children going missing in the future. The Home Office should update … Read more
Ministry of Justice
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34 Conclusion
2nd Report - Human Rights of Child…
The duty on local authorities to provide support and accommodation to children in need in...
The duty on local authorities to provide support and accommodation to children in need in their area, imposed by the Children Act 1989, extends to asylum-seeking children, and requires that children be provided with accommodation that suits their needs. Hotels … Read more
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35 Conclusion
2nd Report - Human Rights of Child…
Whilst criminal sanctions may be appropriate in some cases, children and young people with care...
Whilst criminal sanctions may be appropriate in some cases, children and young people with care experience are disproportionately at risk of criminalisation. Data we have seen shows that care-experienced young people constitute nearly half of the population in youth custody, … Read more
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36 Recommendation
2nd Report - Human Rights of Child…
The government must work with local authorities, law enforcement professionals and other relevant stakeholders, to...
The government must work with local authorities, law enforcement professionals and other relevant stakeholders, to address the root causes and drivers of the overrepresentation of children and young people with care experience in the criminal system. These include poor practices, … Read more
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37 Recommendation
2nd Report - Human Rights of Child…
The review of the National Protocol on Reducing Unnecessary Criminalisation of Looked-After Children and Care...
The review of the National Protocol on Reducing Unnecessary Criminalisation of Looked-After Children and Care Leavers is a welcome step, although its publication is already late. The government should consider placing it on a statutory footing, to ensure that local … Read more
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38 Conclusion
2nd Report - Human Rights of Child…
We have seen evidence that children in need, a group that includes children in care...
We have seen evidence that children in need, a group that includes children in care and disabled children, are four times more likely to die due to deliberately inflicted injury, abuse or neglect than children without any social care involvement. … Read more
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39 Conclusion
2nd Report - Human Rights of Child…
In line with recommendations made by the Children’s Commissioner for England and the UN Committee...
In line with recommendations made by the Children’s Commissioner for England and the UN Committee on the Rights of the Child, there should be a change in the law to give children equal protection from physical assault to adults. The … Read more
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40 Conclusion
2nd Report - Human Rights of Child…
This change in the law would be of particular relevance to children in care, because...
This change in the law would be of particular relevance to children in care, because there would be increased protections for children before they enter the care system, potentially allowing for concerns in home environments to be identified and flagged … Read more
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41 Recommendation
2nd Report - Human Rights of Child…
We have heard evidence about the inadequate provision of mental health support and care in...
We have heard evidence about the inadequate provision of mental health support and care in social care settings, which can be one of the contributing causes for self-inflicted injuries and deaths. The government must tackle this as a matter of … Read more
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42 Recommendation
2nd Report - Human Rights of Child…
We have heard some concerns about the varying quality of reviews of deaths of children...
We have heard some concerns about the varying quality of reviews of deaths of children in care. The government should investigate these concerns to ensure that safeguarding partners understand their role in notifying relevant authorities of children’s deaths, and that … Read more
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43 Conclusion
2nd Report - Human Rights of Child…
Upon becoming adults, children leaving care face an abrupt “care cliff”, where support ends and...
Upon becoming adults, children leaving care face an abrupt “care cliff”, where support ends and relationships are lost. This can have severe and lasting consequences that affect young people with care experience into adulthood. We welcome the announced changes to … Read more
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44 Recommendation
2nd Report - Human Rights of Child…
In addition to such changes, the government should introduce a discretion to extend support past...
In addition to such changes, the government should introduce a discretion to extend support past age-based cut off points in circumstances where the needs of an individual require it to ensure a smooth transition into adulthood. In particular, targeted support … Read more
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45 Recommendation
2nd Report - Human Rights of Child…
We heard first-hand testimony about the difference that the Archway Hub has made in the...
We heard first-hand testimony about the difference that the Archway Hub has made in the lives of care leavers in Leeds. The government should consider working with local authorities to expand Care Leaver Services across England, so that care leavers … Read more
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46 Conclusion
2nd Report - Human Rights of Child…
Many stakeholders have told us about the discrimination that people with care experience face once...
Many stakeholders have told us about the discrimination that people with care experience face once they leave care. We heard this testimony with deep concern. Although there would be potential merits in recognising care experience as a protected characteristic in … Read more
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47 Recommendation
2nd Report - Human Rights of Child…
The government must urgently explore concrete options for addressing discrimination against people with care experience,...
The government must urgently explore concrete options for addressing discrimination against people with care experience, including the provision of human rights training to those involved in providing public services, with a particular focus on tackling discrimination, as well as improvements … Read more
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48 Conclusion
2nd Report - Human Rights of Child…
Complaints mechanisms exist to provide people in care with means to address issues that arise...
Complaints mechanisms exist to provide people in care with means to address issues that arise in the provision of care and support. But we have heard that these mechanisms can be complex, slow, and ineffective. (Conclusion, Paragraph 247)
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49 Conclusion
2nd Report - Human Rights of Child…
People in care, their carers, care leavers, and people receiving support from the children’s social...
People in care, their carers, care leavers, and people receiving support from the children’s social care system often find it difficult or do not know how to secure legal advice and advocacy services, and they are often afraid of retaliation … Read more
Ministry of Justice
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50 Recommendation
2nd Report - Human Rights of Child…
As a first step to address the complexity of the complaints system, the government must...
As a first step to address the complexity of the complaints system, the government must work with children, care leavers, their families, local authorities, the Children’s Commissioner, the Local Government and Social Care Ombudsman, and other relevant stakeholders to raise … Read more
Ministry of Justice
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51 Conclusion
2nd Report - Human Rights of Child…
There should be a no wrong door policy for receiving complaints related to the children’s...
There should be a no wrong door policy for receiving complaints related to the children’s social care system: if a complaint about the provision of care and support is not within the scope of the body receiving it, this body … Read more
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52 Recommendation
2nd Report - Human Rights of Child…
The Local Government and Social Care Ombudsman has requested to be given the power to...
The Local Government and Social Care Ombudsman has requested to be given the power to self-initiate investigations and the duty to monitor compliance with complaints standards. The government should urgently consider these proposed reforms to the role of the LGSCO … Read more
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53 Conclusion
2nd Report - Human Rights of Child…
Independent Reviewing Officers (IROs) should be part of a system that ensures that children have...
Independent Reviewing Officers (IROs) should be part of a system that ensures that children have their human rights respected whilst in care. However, we have heard that IROs sometimes struggle to challenge local authorities with independence. We note with concern … Read more
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54 Recommendation
2nd Report - Human Rights of Child…
The government must ensure that local authorities understand the need for robust independence of IROs,...
The government must ensure that local authorities understand the need for robust independence of IROs, making clear through relevant guidance that victimisation must never be tolerated. (Recommendation, Paragraph 257)
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55 Conclusion
2nd Report - Human Rights of Child…
The Children’s Commissioner, when investigating the effectiveness of complaints mechanisms and advocacy services, should scrutinise...
The Children’s Commissioner, when investigating the effectiveness of complaints mechanisms and advocacy services, should scrutinise the extent of IROs’ independence and effectiveness across the country. Ofsted should also consider this when undertaking inspections, ensuring that local authorities are complying with … Read more
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56 Conclusion
2nd Report - Human Rights of Child…
Children’s right to independent advocacy must be strengthened.
Children’s right to independent advocacy must be strengthened. Although there is a statutory entitlement to advocacy services, many individuals are unaware of this or unable to secure advocacy in an appropriate timeframe. We support the recommendation of the Independent Review … Read more
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57 Recommendation
2nd Report - Human Rights of Child…
Children in care and those with care experience are particularly vulnerable to financial instability and...
Children in care and those with care experience are particularly vulnerable to financial instability and legal aid is crucial to allow them access to justice. The Government must urgently act to increase provision in legal aid deserts. Where legal aid … Read more
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Correspondence 1 letter
18 Jun 2026 Correspondence from the Minister for Children and Families relating to Human Rights of Children in the Social Care System in England, 17 June 2026
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