Children in the Social Care System: England

Ben Coleman Excerpts

Thursday 3rd September 2026 Westminster Hall

[Peter Swallow]

My hon. Friend gives me the opportunity to reference another report that the Human Rights Committee undertook, as pre-legislative scrutiny of the Mental Health Act 2025. We very much looked at this issue, and particularly the issue of vulnerable young people being placed on adult mental health wards, and urged changes at that point.

It is absolutely the case that vulnerable people who are care-experienced and are also facing mental health crises face a double vulnerability, which heightens the duty of the state to those individuals even further. Some of the measures we have suggested to reform the rights of disabled children can absolutely play a part in that.

I will also highlight something that I did not get a chance to mention. There are recommendations in the report to strengthen the complaints system, including by making sure that there is no wrong door when a care-experienced young people is making a complaint and that they all have an opt-out right to a legal advocate. That would go some way to making sure that children, particularly those facing a mental health crisis, have an advocate in the way that is also envisaged in the Mental Health Act 2025. I hope that if the Government listen to some of the recommendations in the report, we can go some way to addressing the very real concerns that my hon. Friend has raised.

[Ben Coleman (Chelsea and Fulham) (Lab)]

In my constituency, the care-experienced young people who live in Fulham benefit from the fact that the council recognises care-experienced as a protected characteristic. That means that council housing teams and schools and recruitment processes inside Hammersmith and Fulham have to actively check that their decisions do not disadvantage care leavers. They have to track outcomes, and care leavers have the right to recourse. Currently, this only happens if decent councils such as Hammersmith and Fulham choose to do so. Is there an argument for pressing the Government to make care-experienced a protected characteristic in law?

[Peter Swallow]

I thank my hon. Friend for raising that point; it gives me another opportunity to place on the record again my thanks to everyone who hosted us in Leeds and York, where we saw some fantastic work being done to support care-experienced young people. I know that that is replicated in councils across the country, including, may I say, in Bracknell Forest, whose children’s social care services were recently rated outstanding by Ofsted—I got the local plug in there. I pay tribute to all those working tirelessly to support children in the social care system. The shortcomings I have highlighted today in no way take away from the many people who have dedicated their working careers to supporting the most vulnerable in our society.

My hon. Friend makes a very interesting point. Making care-experienced a protected characteristic in law is something that we explored as part of the inquiry. The responses that we received on that point were mixed. Some felt that that would be singling care-experienced children out in some way, when in reality what they were hoping and asking for was to be treated no differently from anyone else, so that as they enter adult life, they can leave behind the fact that they are care-experienced and go forward with their lives.

Others felt that the proposal would be beneficial. The evidence was mixed. If I remember correctly, I think we settled in the report on not having that as a recommendation —I will correct the record if I am wrong, but I think that was our decision. It was something we considered, though, because it is something that is raised, and it is interesting to hear that it has worked well in my hon. Friend’s local area. That shows that sometimes these solutions should be locally based.