In 2023, the then Government proposed a plan to reform children’s social care, in its “Stable Homes, Built on Love” strategy. It proposed a series of “missions” to improve the quality of the support provided to children and their families, such as providing better training to social workers, and listening more to children and young people. In 2024, the current Government announced the “biggest overhaul in a generation to children’s social care”, with the stated aim to provide a “wide range of new reform measures… to deliver better outcomes and a more secure life for children across the country”.[4]

Against this background, 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 in regard to the availability of additional support to families with disabled children or to the efficacy of early intervention measures.

[1] This figure includes children in care as well as children assessed as needing help and protection as a result of risks to their development or health. Ofsted, Main findings: children’s social care in England 2024.

[2] Ofsted, Main findings: children’s social care in England 2024. A child is in care, or is a “looked after child” if they are in local authority care by reason of a care order or are being provided with accommodation under section 20 of the 1989 Act for more than 24 hours with the agreement of the parents, or of the child if the child is aged 16 or over (section 22(1) and (2) of the 1989 Act).

[3] Become, Why the care system has to change

[4] Biggest overhaul in a generation to children’s social care - GOV.UK

Section 9(3) of the Human Rights Act 1998 provides that in proceedings under that Act in respect of a judicial act done in good faith, damages may not be awarded except in two circumstances. The first is to compensate a person to the extent required by Article 5(5) of the European Convention on Human Rights (‘ECHR’) (deprivation of liberty). The second is to compensate a person for a judicial act that is incompatible with Article 6 ECHR (right to fair trial) in circumstances where the person is detained and, but for the incompatibility, the person would not have been detained or would not have been detained for so long.

In the case of Re W (A Child) [2016] EWCA Civ 1140, the Court of Appeal found that accusations of professional misconduct against a witness made by a Family Court judge breached her rights under Article 8 of the ECHR (right to respect for private life).

In its judgment of 22 June 2021 in SW v United Kingdom (Application no. 87/18), the European Court of Human Rights held that there had been a violation of Article 13 of the ECHR (right to an effective remedy), because the effect of section 9(3) of the Human Rights Act 1998 was that the witness could not bring a claim for damages in respect of a judicial act that was incompatible with Article 8.

Government proposals

On 17 July 2025, the Government laid before both Houses of Parliament its proposal for a Remedial Order to amend the Human Rights Act 1998. The proposed order is intended to give effect to the judgment of the European Court of Human Rights in SW v United Kingdom, by remedying the incompatibility of section 9(3) of the Human Rights Act 1998 with Article 13 of the ECHR.

The Government proposes to address this incompatibility by amending section 9(3) to allow damages to be awarded to compensate a person for a judicial act on an additional basis: that the judicial act is incompatible with Article 8 on the ground that it was done in such a procedurally defective way as to amount to a breach of the requirements of procedural fairness under that Article.

Section 9(3) of the Human Rights Act 1998 was previously amended by the Human Rights Act 1998 (Remedial) Order 2020 to give effect to the judgment of the European Court of Human Rights in the case of Hammerton v United Kingdom (Application no. 6287/10). See the Fifteenth Report of the Joint Committee on Human Rights of Session 2017-19, and its Second Report of Session 2019-21.

Remedial Orders

Section 10 of the Human Rights Act 1998 gives Ministers of the Crown the power to make remedial orders.

The section applies if it appears to the Minister that, having regard to a finding of the European Court of Human Rights in proceedings against the United Kingdom, a provision of legislation is incompatible with an obligation of the United Kingdom arising from the Convention.

In those circumstances, the Minister may by order make such amendments to the legislation as the Minister considers necessary to remove the incompatibility, if the Minister considers that there are compelling reasons for doing so.

Reporting on the proposal

The Joint Committee on Human Rights is required to report to Parliament on any proposal for a remedial order to be made under the Human Rights Act 1998. 

The Committee has 60 sitting days to report to each House its recommendation whether a draft order in the same terms as the proposal should be laid before the House.