These assessments show what action government has taken to carry out the United Nation’s (UN’s) recommendations, within the scope of our methodology.
They include recommendations from the UN committees associated with the human rights treaties that the UK government has signed and ratified (agreed to follow), which are:
- International Covenant on Civil and Political Rights (ICCPR)
- International Covenant on Economic, Social and Cultural Rights (ICESCR)
- International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
- Convention on the Rights of Persons with Disabilities (CRPD)
- Convention on the Rights of the Child (CRC)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT)
Assessments are up to date as of December 2024.
Overview of action taken
Children in alternative care legal framework
What we assessed in the recommendation
Introduce laws to make sure children are only placed in care far away from their home as a last resort, and that they are supported and their rights respected in these settings.
CRC concluding observations 2023, paragraph 38:
Drawing the State party’s attention to the global study on children deprived of liberty and the Guidelines for the Alternative Care of Children, the Committee urges the State party: (d) To develop a legislative framework for ensuring a child rights-based approach to the support of children placed in alternative care far from their place of residence, including children from Jersey placed in alternative care off-island, and ensure that such placements take place only as a measure of last resort.
There have been no changes to the legislative framework for children in alternative care since the recommendation was made in June 2023. Under existing legislation – the Children Act 1989 – accommodation provided by local authorities for looked after children must be ‘within the local authority’s area’ unless this is ‘not reasonably practicable’, but not only as a measure of last resort.
The Children's Homes (England) Regulations 2015 continue to apply. They state that all children’s homes must create a ‘Statement of Purpose’, which should set out the home’s policy and approach in relation to children’s rights. They also set out ‘Quality Standards’ that children’s care homes must meet. These standards include that staff should take into account children’s views, wishes and feelings in relation to matters affecting the children's care and welfare and their lives.
Independent review of children's social care recommendations
What we assessed in the recommendation
Make advocacy services available to all children in social care, unless they opt out. Make sure these services are independent, child-friendly and offer specialised support, including mental health services and therapy. Allow children to stay in contact with their families and communities.
CRC concluding observations 2023, paragraph 38:
Drawing the State party’s attention to the global study on children deprived of liberty and the Guidelines for the Alternative Care of Children, the Committee urges the State party: (b) Allocate sufficient resources for the implementation of the recommendations of the independent review of children’s social care, including the provision of advocacy services for all children as an “opt-out”, rather than an “opt-in”, service, with a view to ensuring that all children in alternative care: (i) have access to independent, well-resourced child-friendly advocacy services and specialised support, including mental health and therapeutic services; and (ii) are able to maintain contact with their family members and communities, including by ensuring their access to independent visitor services in Wales.
Since the recommendation was made in June 2023, the UK government consulted on a new strategy responding to the 2022 independent review of children’s social care. The strategy is called Stable Homes, Built on Love. The Department for Education (DfE) allocated £200 million over 2 years to the implementation of this strategy, in contrast to the independent review’s recommendation to allocate £2 billion of funding over 5 years.
As part of the strategy, the DfE announced that it would work with the social care sector to implement an opt-out model of independent advocacy. The strategy included a commitment to increase the accessibility and take up of Independent Visitor (adult volunteers who support a child or young adult in their free time) services in England by working with the sector to reinforce good practice and developing service standards. There was also a commitment to decrease mental health and physical health disparities, including through building ‘social workers’ and other practitioners’ understanding and skills to respond to children’s mental health needs’ and working with health partners to drive high expectations and service delivery. These commitments are included in the government's response to the outcome of a consultation on the strategy.
In the 2024 King’s Speech, the UK government committed to a Children’s Wellbeing Bill, including provision for ‘keeping children safe, happy and rooted in their communities and schools by strengthening multi-agency child protection and safeguarding arrangements’.
Housing for children in care
What we assessed in the recommendation
Ban the use of secure care, residential care homes without safeguards, and unregulated settings like hotels and bed-and-breakfasts as places for housing children in care.
CRC concluding observations 2023, paragraph 38:
Drawing the State party’s attention to the global study on children deprived of liberty and the Guidelines for the Alternative Care of Children, the Committee urges the State party: (e) To prohibit and prevent the placement of children in secure care, residential care homes lacking appropriate safeguards or unregulated alternative care, including hotels and bed-and-breakfast accommodation.
Since the recommendation was made in June 2023, the UK government introduced national quality standards for providers of supported accommodation that accommodates 16 and 17 year olds who are in or leaving care through implementation of the Supported Accommodation (England) Regulations 2023. Under these regulations, all supported accommodation providers for looked after 16 and 17 year olds were required to register with Ofsted and meet standards by October 2023.
Prior to the recommendation, the UK government had taken significant steps to prohibit and prevent the placement of children in secure care, residential care without appropriate safeguards or unregulated alternative care.
The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021 banned the placement of under 16s in unregulated supported accommodation from September 2021.
Section 11 of the Care Standards Act 2000 requires children’s homes to be registered with Ofsted. Failure to comply is a criminal offence.
Page updates
Published:
29 January 2025
Last updated:
29 January 2025