Children’s Wellbeing and Schools Bill

Debate between Lord Young of Cookham and Baroness Benjamin

Thursday 12th June 2025 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I will speak briefly to Amendment 100 in my name and that of the noble Baroness, Lady Benjamin, which would insert a new clause aimed at giving all care leavers up to the age of 25 priority status in homelessness legislation. To that extent, it is a subsection of the much broader debate about how we look after care leavers.

The amendment would end a current anomaly in the law, whereby care leavers up to the age of 21 are entitled to priority under the homelessness legislation, if they present as homeless to their local authority, but not those between the age of 21 and 25. It is supported by a range of charities, not least Barnardo’s.

All young people need a safe and stable home in which to start their adult life—and, if you do not have that, it is difficult to access education, employment and health services. As we heard from the noble Baroness, Lady Tyler, care leavers are more likely to be homeless than non-care leavers. Research by the charity Become shows that they are nine times more likely to become homeless, and that threat does not stop at the age of 21. Again as we heard from the noble Baroness, the numbers of young care leavers presenting as homeless has gone up by 50%.

We heard from the noble Lord, Lord Watson, earlier that non-care leavers are staying at home much longer; the average age at which they leave is now 24, up from 21 a decade ago. Over the years, the legislation has been gradually catching up with that trend, beginning I think with the Children (Leaving Care) Act 2000, which recognised that the state or local authorities need to support children beyond the age of 18. Again as we heard earlier, care leavers do not have the same safety net of family to fall back on.

There is a lot in the Bill which I welcome to support care leavers, in particular a recent amendment disapplying intentionality for care leavers, meaning that local authorities, when they have a corporate parenting duty, no longer view care-experienced people under 25 as being intentionally homeless. But the Bill needs to go a little bit further. Under the current legislation, all young care leavers under the age of 21 who present as homeless are deemed to be in priority need, which means that local authorities have an obligation to accommodate them. However, there is no such automatic protection for care leavers between the ages of 21 and 25. Under the current homelessness legislation, they are required to prove that they are vulnerable—something that is not defined in legislation. This means that they have go around getting letters from their GP, for which they may have to pay, and getting other letters from psychiatric services, to prove that they are vulnerable and their corporate parent is under an obligation to support them.

There is also a problem with children who are placed out of area. They are not apparently automatically eligible for the usual care support in the local authority in which they are now living, even if they have been living there for many years, whereas local care leavers have that entitlement. That seems to be an anomaly that the Minister might like to comment on.

Finally, the amendment would bring the homelessness legislation into line with the Children and Social Work Act 2017, which obliges local authorities to continue to provide support up to the age of 25. It will not be a panacea for all the problems facing care leavers, but it will be an important step towards ensuring that, when the worst happens, help is available for a young person who may have few other places they can turn to for help. So I encourage the Government to accept the amendment.

[Baroness Benjamin (LD)]

My Lords, I support two amendments in this group, in the names of the noble Baroness, Lady Bennett, Amendment 99, and the noble Lord, Lord Young of Cookham, Amendment 100, both of which I have put my name to.

With more than 80,000 children in care, the highest figure on record, this Bill represents an opportunity to strengthen support for all care leavers. One in three care leavers becomes homeless in the first two years after leaving care. Many become drug users and end up with a criminal record.

Some of the most affected care-experienced children are those from diverse backgrounds, who suffer double discrimination. Research by Barnardo’s found that nearly one in 10 black children in care has received a custodial sentence by the time they turn 18. When many finally leave care, they find themselves in prison or with a criminal record, which makes it difficult to find a home or employment, or develop a secure, happy life and any hope of a prosperous existence. They find themselves being part of a gang, which becomes a family substitute but leads to even more disaster.

As the Minister said in reference to the earlier group of amendments, there is an urgent need to improve understanding across agencies and departments of the needs of children in care and care-experienced young people, as well as providing training on how to better address these needs. For example, the Department for Education could extend corporate parenting principles to all bodies involved with care-experienced young people.

As we have heard, many young people can depend on their parents to support them long after they leave school or university, both financially and with a roof over their head. But support for care leavers across the country is piecemeal—a postcode lottery. Ashley John-Baptiste’s book, Looked After: A Childhood in Care, which I highly recommend, illustrates graphically just how difficult it is for young people to navigate their life after leaving care without support, especially if they want to go to university. It is potluck and almost an impossible task. Therefore, we should be doing more to ensure that care leavers are supported into adulthood, which I why I support Amendment 99 from the noble Baroness, Lady Bennett.

Through Amendment 100, the noble Lord, Lord Young of Cookham, seeks to increase protection for care leavers facing homelessness. I welcome this amendment and fully support it. We need to support care leavers and give them the opportunity to forge a happy, secure and hopeful life. It is our duty to do this and I hope that the Minister will agree with me and other Peers, and support these amendments.