Parliamentary committee launches inquiry into protection of human rights of children in England

It said the new inquiry would have a particular focus on children “in care”, but wider aspects of the system would also be relevant, “for example in regard to kinship care, to the availability of additional support to families with disabled children, or to the efficacy of early intervention measures”. 

The Joint Committee has launched a call for written evidence covering issues such as the adequacy of the legal framework.

In this respect it asks:

1. To what extent are Convention rights protected in the children’s social care system, particularly: 

• The right to respect for private and family life, Article 8 ECHR (for example in relation to sibling separation and relocation). 
• The right to liberty and security, Article 5 ECHR (for example in relation to Deprivation of Liberty orders). 
• The right to a fair trial, Article 6 ECHR (for example in relation to access to justice and legal advice). 
• The protection against discrimination in the enjoyment of Convention rights, Article 14 ECHR.  
• The right to an effective education, Article 2, Protocol 1 ECHR.

2. If the UN Convention on the Rights of the Child were to be incorporated into domestic law in England, to what extent would that affect the protection of the human rights of children supported by or in the social care system? 

3. What would be the legal and practical consequences of making care experience a protected characteristic under the Equality Act 2010? Would you support this change? 

4. Do any human rights concerns arise from the disabled children’s social care framework? If so, what are they? 

The call for evidence also covers accommodation for children in care, human rights considerations arising from kinship care, over-representation within criminal justice, training and understanding about statutory duties owed to children in care, complaints and remedies, and good practices that protect and promote human rights in children’s social care systems from devolved nations and other countries.

The Joint Committee has also launched an online survey to better understand the views of those who have experience of the children’s social care system in England.

Launching the inquiry, Chair of the Joint Committee on Human Rights, Lord David Alton said: “This inquiry will examine the legal, strategic and practical approaches overseeing how human rights are protected in the children’s social care system in England.

“We also want to understand what it is like for those in the children’s social care system. If you have been placed in care, or know friends or relatives who have, please take a moment to complete our online survey. Your contributions are invaluable to us in getting a real picture of what is going on.” 

The deadline for written submissions to the inquiry is 25 August 2025.

Earlier this week the Public Accounts Committee announced that it would be holding an inquiry into the financial sustainability of children's care homes, one of 14 new inquiries.