Supporting care leavers: A whole council approach

The Independent Review of Children’s Social Care published in May 2022 recommended that “Government should make care experience a protected characteristic” under the Equality Act (2010), in order to improve outcomes for those with care experience. 

A care experienced person is someone who was in care at any stage of their life. This includes those that have been looked after by foster carers, in a residential children’s home, in kinship care, and supported accommodation or secure units.
 
While many people leave care and go on to live happy and fulfilling lives, the recommendation to make care experience a protected characteristic aimed to acknowledge the discrimination and prejudice that many face throughout their lives and would provide legal protection against discrimination. Those with care experience can face discrimination through stigma and stereotypes, such as a young person being told “you’re smart – for a kid in care” by their teacher, or experience explicit discrimination, such as being refused employment. This can then be compounded where care leavers do not have strong support networks for support, which other young people may have.

Th Care Review also argued that establishing care experience as a protected characteristic would serve as a foundation to develop and improve support, granting employers, businesses and public services greater authority to make decisions that promote better outcomes for those with care experience.

While the Government did not accept the care review’s recommendation to make care experience a protected characteristic, over 90 councils in the UK have passed motions pledging to recognise care experience as a protected characteristic at the local level. 

There are a range of opinions on the benefits and challenges of treating care experience as a protected characteristic, with differing views among people with care experience themselves. Councils will want to work with care experienced people in their own areas to understand their views and the best course of action locally. Most importantly, the council should take time to understand the outcomes care-experienced people wish to see and work out the best way to achieve those. We have published a good practice guide to support councils and partners to carry out this engagement effectively.

This guide is intended to help councils to support care leavers whether or not they choose to take this pledge. 

For some councils, agreeing to treat care experience as a protected characteristic reinforces their Corporate Parenting principles; to act in the best interests of children and young people in their care and care leavers, including support for safe and stable home lives, preparation for adulthood and independent living, and trying to secure the best possible outcomes. 

Some councils have decided against taking motions to treat care experience as a protected characteristic, for a range of reasons. It is important to recognise that taking such a motion is not a prerequisite for taking action to improve outcomes for care experienced residents, with all of the suggestions outlined in this guide open to all councils.

Whichever approach your council takes, it's important to consider how you provide support to those in need of it. For instance, councils should be conscious that not all people who are care experienced will wish to disclose this. 

Assess what forms of support may rely on self-identification and where formal identification may be necessary. This is especially relevant for care-experienced adults over the age of 25, and those residing in your area whose corporate parent might be a different council.

A council deciding to treat care experience as a protected characteristic is one way of reinforcing its commitment to recognise the lifelong impact of experiencing the care system. 

Once a motion is passed, it is crucial to take proactive steps to ensure the commitment is translated into meaningful action. If someone asks what you are doing as a result of the pledge, are you able to provide a clear response? Councils will want to work with care experienced people to consider how to measure the impact of the motion and agree whether a dedicated action plan should be put in place.

Engaging those with care experience is an essential and ongoing part of the process to ensure that services are designed with their needs at the heart. Individuals with care experience are experts in their own lives and their views should be taken into account to develop the most effective and representative support offer. 

Councils will also want to ensure that staff are aware of the policy of treating care experience as a protective characteristic, and that it is referenced in relevant policies, for example equality policies and codes of conduct.

All councillors and officers are a corporate parent, so every service should be considering the impact of its services on children in care and care leavers, and what changes can be made to improve outcomes through a whole council approach. Some councils are now starting to consider how they can continue to support care experienced adults when they are aged over 25 and no longer “care leavers” under the legal definition.

Where councils have committed to considering care experience as a protected characteristic, this should be included in equality impact assessments. 

The rest of this guide offers suggestions for all councils looking to improve their support for care leavers.

Ringfenced job opportunities

• To support care leavers into employment, you might consider creating ring-fenced job opportunities. You could also consider a guaranteed interview for applicants with care experience for roles where they meet the minimum criteria, providing additional support throughout the recruitment process, or removing qualification requirements for entry-level roles.
• Any opportunity that has been reserved for those with care experience should be properly remunerated, and no different from any other role within the organisation.
• For further guidance, see the Care Leaver Covenant Inclusive Employment toolkit which includes a document, “Employment Guidance on Creating Opportunities for Care Leavers” developed with the Department for Education and legal firm Trowers and Hamlins.

Mentorship programmes

• Access to mentorship can be transformative for care experienced young people as they make the transition into adulthood. A mentor can provide personalised advice to support with development, life skills and future planning. This could include help to prepare for working life, supporting with CV and cover letter writing, interview techniques and practice and navigating the job search.

Wider support into employment

• It is worthwhile considering wider aspects of support into working life that those with care experience might benefit from. This could include access to ‘work wardrobes’, interview clothing, or providing financial support until a first pay cheque clears.

Support for care leavers to access housing

• Entering independent living can be daunting and overwhelming, and there can be barriers for care leavers when accessing housing. Support could include acting as a rent guarantor to enable care leavers to enter the private rental sector, prioritising care leavers for social housing, or supporting with housing benefit applications and ensuring those with care experience are aware of all benefits they are entitled to. County councils will need to work closely with their districts on this issue, and consideration should be given to supporting care leavers living out of area or who may require supported or accessible accommodation.

Support to remain in housing

• Once help has been provided to access housing, this can be reinforced with further support to ensure care experienced residents are able to remain in their housing arrangements and create a good living environment.
• This could include support with home improvements, such as painting and decorating, home repairs, or supplying essential housing items. For example, Leeds City Council has established a partnership with ENGIE (Places and Communities Division). The company volunteers have undertaken a range of projects to support independent living and feeling secure including: redecoration, paint donations, garden clearing, plumbing, joinery and DIY projects.
• Barnardos has published guidance for local authority commissioners, leaving care and housing managers, and providers of housing, to support partners to work together to ensure care leavers can access the accommodation they need.

Living independently for the first time can be daunting, and comes with a lot of new responsibilities, including managing your own finances. Those with care experience typically start living independently earlier than their peers, and often lack the avenues of support that other young people rely on, such as the ‘bank of mum and dad’. Care leavers are at a greater risk of experiencing financial hardship, with a survey by the National Leaving Care Benchmarking Forum in 2022 finding that 83 per cent of care experienced young people said they were struggling to afford essentials. It is vital for the council to take efforts to reduce the financial strain on their residents with care experience.

Council tax exemption 

• Many councils have introduced council tax exemptions for care leavers up until their 25^th birthday. This provides financial support for care leavers as they commence independent living and alleviates some of the financial burden, preventing debt and supporting care leavers to remain in their housing arrangements.
• Some councils have also trialled extending council tax support for those outside of the authority

Support to manage household bills

• Ofsted research in 2022 found that only two fifths of care leavers reported receiving help to work out what bills and payments they needed to pay. Councils are best placed to provide support during the learning curve of independent living for care experienced residents, and can provide practical support around bills, payments and budgeting. Through the Care Leaver Covenant or work with partners, support could be made available to provide free broadband and data, or discounts on bills.

Raising awareness of benefit eligibility

• Residents with care experience might be unaware of the benefits they are entitled to. The council can provide guidance around what support is available and assist with the application process.

Prescription cost exemptions

• Support with prescriptions, dental and optician costs could help to alleviate financial pressures and help to ensure no care experienced resident goes without access to services they need to stay healthy due to financial hardship.
• Some residents may be entitled to free prescriptions already due to receiving benefits – in practice it can be difficult for them to know they are eligible and apply, and the council can step in here to ensure all care leavers know their entitlements. 

Access to Child and Adolescent Mental Health Services

• Continuing access to Child and Adolescent Mental Health Services until 25 where necessary can support care leavers from moving into adult support too early, in cases where this might be a detriment to their wellbeing. 

Planning for healthcare

• The health needs of children in care and care leavers should be explicitly considered in Joint Strategic Needs Assessments. If you have pledged to treat care experience as a protected characteristic, consider how this can be reflected in issues considered by the Health and Wellbeing Board.

Networks and relationships

• People with care experience may not have the same strength of networks as their peers, especially where they have moved between several placements and/or lived in different areas. Consider how you can support people with care experience to develop strong relationships, including through mentoring, chances to meet other care experienced people and opportunities to pursue interests.

Support with travel costs

• The cost of travelling can impact the ability to stay connected with family and friends or limit access to certain places of work. Providing support with the cost of travelling through free public transport for those with care experience can alleviate some of this pressure.
• Some councils have introduced support with the cost of driving lessons and tests, recognising both the significant financial burden this can create on those with care experience and providing the opportunity for further independence. 

Access to leisure and culture offers

• Councils can provide access to leisure and culture opportunities within the local are. This might look like gym passes that allow access to the local leisure centre, or a culture card, which gives free access to cultural places, including museums, galleries and heritage sites, for those who are care experienced, plus a guest.

Updating equality objectives and EDI strategies

• The council can embed care experience within the Equality, Diversity and Inclusion (EDI) strategy and equality objectives to ensure care experience is considered within the council’s commitment to tackle inequalities and establish an inclusive workplace. This can also help to embed a whole council approach.

Equality impact assessments (EIA) 

• Care experience can be incorporated as a category in Equality Impact Assessments for any council seeking to improve their support for those with care experience, including those where care experience is treated as a protected characteristic.

Support for those with specific vulnerabilities

• Through the Corporate Parenting Board and other internal mechanisms, consider the support available to, and outcomes of, care experienced people with specific vulnerabilities, for example those who are parents, in custody or unaccompanied asylum-seeking children.

Section 149 of the Equality Act 2010, known as the Public Sector Equality Duty, requires public authorities to consider how they can improve society and promote equality in every aspect of their day-to-day business.

In line with this duty, Equality Impact Assessments (EIAs) are a tool used to assess the likely or actual effects of policies, practices, or decisions on different groups, particularly those with protected characteristics. 

Councils can embed additional support for care experienced residents by adding care experience as a category in the EIA process. Implementing this change ensures that the experiences of care experienced individuals are considered when decisions and policies are made.

For those completing an EIA with care experience as a category, you must consider how a person’s lived experience of care may impact their everyday life.

For further guidance on how to incorporate care experience within Equality Impact Assessments, see guidance from Cambridgeshire County Council

Much of the support that care experienced people need is provided by organisations outside of the council. It is worth considering how you can work with your partners to improve support, including encouraging local organisations to sign up to the Care Leaver Covenant. The Covenant suggests asking organisations how they could support one of their five key outcomes for care leavers: independent living; education, employment and training; safety and security; mental and physical health; and finance.

All councils have a duty to ensure that every person who moves through their care has the best possible start in life and is provided with the same opportunities as other children and young people, as outlined in the Corporate Parenting principles set out in the Children and Social Work Act 2017.

Establishing care experience as a protected characteristic at the local level is just one way to reaffirm the commitment to supporting those that have experienced care and provide recognition of the additional barriers and discrimination many can face. 

Crucially, once the motion is passed, the council must work to translate this into action that further demonstrates the commitment to supporting those with care experience.

Whether care experience is made a protected characteristic or not, all councils should be considering where support can be developed and improved to promote better outcomes for those with care experience.