Children in the Social Care System: England

Debate between Paula Barker and Peter Swallow

Thursday 3rd September 2026 Westminster Hall

[Paula Barker (in the Chair)]

We begin with the Select Committee statement. Peter Swallow will speak on the publication of the second report of the Joint Committee on Human Rights, “Human Rights of Children in the Social Care System in England”, HC 161, for up to 10 minutes, during which no interventions may be taken. At the conclusion of Peter Swallow’s statement, I will call Members to put questions on the subject of the statement, and call Peter Swallow to respond to them in turn. Questions should be brief and Members may ask only one question each. I call Peter Swallow on behalf of the Joint Committee on Human Rights.

[Peter Swallow (Bracknell) (Lab)]

Thank you, Mrs Barker; it is an honour to serve with you in the Chair.

I thank the Backbench Business Committee for granting the time for this statement, and my fellow members of the Joint Committee on Human Rights for asking me to make it. I am also grateful to the Under-Secretary of State for Education, my hon. Friend the Member for Whitehaven and Workington (Josh MacAlister), for his attendance. As he knows, I never miss an opportunity to raise with him the progress of my local special educational needs and disabilities school, but I am getting that in at the start of my speech so that we can focus on what we are actually here to talk about: the very important matter of children’s social care.

This statement sets out the work done and recommendations made by the Joint Committee on Human Rights in the report “Human Rights of Children in the Social Care System in England”. It goes without saying that the state’s ability to intervene in families to remove children where, and only where, deemed absolutely necessary for a child’s welfare in the first instance is among the gravest and most serious of its responsibilities. But the responsibility the state takes for that child and how they are cared for next, which has the capacity to shape the rest of their life, is equally as serious.

No parliamentary speech can do true justice to the experiences of the care-experienced young people whom the Committee spoke to during its work on the report, in Leeds, in York and at a roundtable in Parliament. What we heard from them will stay with me for the rest of my life. I extend the sincere thanks of the Committee to every one of them for giving voice to their experience in the report, and I hope they see their voices reflected in the recommendations we have made. Many of the young people I spoke to were curious about how a Select Committee inquiry works, but sceptical of there being any hope that anything they may say could make a difference to the social care system in the UK. I hope that scepticism may prove unfounded. Given that my hon. Friend the Minister is in his place, I take it that he is willing to listen to the experiences of those young people.

If I had to summarise all that the Committee heard in one sentence, it would be this: the outcomes of children in and around the care system are too often marred by challenge and difficulty, and too often end in tragedy. Children in the care system are regularly left with inadequate mental health support, despite the substantial trauma they may have faced. For some young people, that means that challenging behaviours that may be met with support and love in a family home are often handled by services including the police, which means that the care system can be a driver of criminalisation. The Committee also heard that when young people leave care, they too often face a cliff edge, and are left alone to navigate adult life without suitable support and the enduring social networks that so many of us rely on. That means that some young people fall into destructive behaviours and relationships, which can end in criminalisation, mental health difficulties or isolation.

Those outcomes are troubling in and of themselves, but they can also lead to something far more tragic. The recent review into early deaths of care leavers, which was commissioned by my hon. Friend the Minister, led by Ashley John-Baptiste and Clare Chamberlain and published just after the Committee’s report, demonstrates that point exceptionally starkly. In 2025, the death rate for care leavers aged between 18 and 24 was three to four times higher than that of the general population.

The report offers a window into the lives and experiences of some of those young people who died far sooner than they should have. It sets out how the services that are supposed to support them, both during and after their time in the social care system, could and should have served them better. That is why the Committee is clear that more targeted support must be made available for young people when they are in and once they have left the social care system, and that there should be greater discretion to extend that support past age cut-offs where necessary. The Government must do more to work with young people, local authorities, the police, social work professionals and others to address the root causes of the challenges too often faced by care-experienced children and adults.

Throughout our evidence gathering, the Committee heard that the legal framework around children’s social care must be reformed and strengthened to deliver a reality where children and professionals understand and can advocate for their rights. One of the recommendations we received most often was also one of the simplest. Despite what I know to be the genuine commitment of this and previous Governments to the UN convention on the rights of the child, the convention remains unincorporated into domestic law in England. Bodies including the Children’s Commissioner, UNICEF and ECPAT UK all highlighted in their evidence to the Committee that the incorporation of the convention could have significant and wide-ranging impacts on children’s rights. The Committee recommends its full incorporation.

All children who are in or around the social care system are vulnerable, but those who have disabilities often face extra barriers and challenges. The Committee heard that those difficulties were often exacerbated by the disjointed and piecemeal legal landscape that comprises the disabled children’s social care framework. The framework is complex and difficult to navigate for professionals, let alone families and the young people themselves. For that reason, the Committee is in agreement with the Law Commission that there should be a single and comprehensive piece of statutory guidance on disabled children’s social care law, as well as an explicit duty to assess where need is identified.

The Committee also heard that the provision of support following assessment is a postcode lottery. It therefore supports the Law Commission’s recommendation to introduce national eligibility criteria to standardise support across local authorities. On top of that, the current working definition of disability in the Children Act 1989 is outdated and must be updated using the language of the Equality Act to be truly inclusive and reflective of the needs of children today.

I remember many of the conversations I had on the doorstep during my general election campaign, but one in particular will stay with me forever. I knocked on the door of a woman who took a good look at me and asked whether I knew what a kinship carer was. I have to confess that at the time I did not. I say that because I suspect that I was not alone in that, despite the fact that kinship care is the most common form of alternative care for children in the UK and across the world. Since the election, I have been incredibly humbled to speak to those delivering kinship care in Bracknell Forest, and I pay tribute to the work of charities such as Kinship that work so hard to represent them. I welcome the work the Law Commission is doing on the legal reform of kinship care, including on clarifying the legal framework. The Committee is looking forward to seeing the outcome of that work.

The children’s social care market is fundamentally broken, and across the country children are being placed in unsuitable and in some cases illegal and unregulated accommodation, lacking proper safeguards and scrutiny and away from the vital support networks of their family and friends. At the same time, the cost of residential accommodation is hitting local authorities’ already stretched budgets. I welcome the introduction of new powers in the Children’s Wellbeing and Schools Act 2026 for Ofsted to issue fines for breaches of the Care Standards Act 2000 and the introduction of regional care co-operatives to drive up standards and end profiteering. The 2026 Act will also require local authorities to allow reasonable contact between children in care and their siblings. Although that is to be welcomed, our report concluded that the Government need to follow implementation closely.

I could say much more about the complaints system and the rights of unaccompanied asylum seekers, all of which is included in the report, but I will just finish by again thanking the Minister, paying tribute to my colleagues on the Committee and thanking the young people who spoke to us during our inquiry.