Care Experience as a Protected Characteristic
Our key calls for change:
Make Care Experience a protected characteristic under the Equality Act 2010.
Introduction
Under the UK Equality Act 2010, there are specific characteristics that are legally protected from discrimination, such as race, gender, disability, and age. However, care experience or being a “looked after” child is not currently included as a protected characteristic. Below, we outline why care experience should be added as a protected characteristic under the Act, emphasising the unique challenges faced by individuals with care experience.
Unique Vulnerabilities and Disadvantages
Care experienced children (looked after children) often face a variety of adverse experiences, including neglect, abuse, and frequent disruptions in their living arrangements. These experiences can have a lasting impact on their mental, emotional, and physical well-being. As these individuals grow into adulthood, they frequently encounter specific challenges related to their upbringing, including instability in housing, education, and employment. These disadvantages, which are rooted in their care experience, make them more susceptible to discrimination and inequality.
Long-term Impact of Care Experience
The transition from care to adulthood can be particularly difficult, with many young people leaving care without the necessary support systems in place. Statistics show that care leavers are more likely to experience homelessness, unemployment, and mental health issues compared to their peers who have not been in care. In addition, these individuals may also face stigma or bias due to their history, further hindering their ability to access opportunities and services.
Equality and Social Justice
Including care experience as a protected characteristic under the Equality Act would be an important step towards promoting equality and social justice. It would signal recognition of the specific barriers faced by care-experienced individuals and provide a legal framework to protect them from discrimination in areas such as education, employment, housing, and healthcare. This change would help level the playing field, ensuring that those with care experience are not unfairly disadvantaged simply because of their background.
Alignment with Other Protected Characteristics
Many of the existing protected characteristics, such as disability, race, and gender, are intended to protect individuals from discrimination based on their inherent or experienced vulnerabilities. Care experience, much like other protected characteristics, is a factor that can lead to social exclusion and disadvantage. Therefore, it is consistent with the principles of the Equality Act to include care experience as a protected characteristic, ensuring that care-experienced individuals have equal access to opportunities and protection under the law.
Who is calling for care experience to be a protected characteristic?
Senedd Children, Young People and Education Committee, in its May 2023 report titled “If Not Now, When? Radical Reform for Care Experienced Children and Young People,” recommended significant reforms to Wales’s care system. One of the key proposals was to make ‘care experience’ a protected characteristic under the Equality Act 2010.
However, the Welsh Government’s response was limited, accepting only four out of the 27 recommendations, and notably rejecting many of the more radical proposals, including the call to make care experience a protected characteristic.
Charities such as our partners National Youth Advocacy Service Cymru and also other UK charities, such as the Care Leavers Association, Become and Who Cares Trust, are also advocating for the legal recognition of care experienced individuals as a protected group.
As of May 2024, over 90 local authorities across the UK have pledged to recognise care experience as a protected characteristic. This initiative aims to acknowledge the unique challenges faced by care-experienced individuals and to prevent discrimination in council policies and decisions. Terry Galloway, a prominent campaigner and co-founder of Care Leaver Local Offer, has been instrumental in advocating for this change.
As of January 2024, Newport City Council became the first local authority in Wales to recognise care experience as a protected characteristic. Following this, several other Welsh councils have adopted similar measures. For example:
- Bridgend County Borough Council: In April 2024, Bridgend County Borough Council unanimously agreed to treat care experience as a protected characteristic, aiming to strengthen the rights of care-experienced individuals.
- Blaenau Gwent County Borough Council: In September 2024, Blaenau Gwent CBC passed a motion to recognise care-experienced people as a protected characteristic, highlighting the unique challenges faced by this group.
- Merthyr Tydfil County Borough Council: In July 2024, Merthyr Tydfil CBC agreed to prioritise the rights of care-experienced young people by treating their experience as a protected characteristic.
While these developments are promising, a comprehensive list of all Welsh local authorities that have adopted this stance is not readily available. However, the trend indicates a growing recognition of the importance of supporting care-experienced individuals across Wales.
Conclusion
The addition of care experience as a protected characteristic under the Equality Act 2010 would be an important step toward addressing the unique challenges faced by individuals who have been in care. It would enhance legal protections, promote greater equality, and provide these individuals with the support they need to overcome their disadvantages, enabling them to achieve their full potential.
The Children’s Legal Centre Wales supports the call to make care experience a protected characteristic under the Equality Act 2010.