High Court ruling against extending care rights to older teenagers labelled 'cruel and callous'
Published by Professional Social Work mgazine, 17 March, 2022
The High Court has rejected claims that ministers discriminated against older looked after teenagers by extending care rights to children up to the age of 15, but no older.
The ruling was described as “deeply disappointing” by children’s rights charity Article 39 which launched the challenge against the secretary of state for Education.
New legislation came into force last September making it illegal to place children aged 15 and under in accommodation that does not provide day-to-day care or supervision.
Article 39 said this still left 16 and 17-year-olds living semi-independently in bedsits, flats, shared houses and hostels vulnerable and without sufficient protection.
It claimed the legislation “irrationally discriminated between highly vulnerable children on the basis of their age”.
However, in his judgement Mr Justice Holgate said evidence presented in court showed some 16 and 17-year-olds are “suitable for a very independent level of living”.
Campaigners including BASW professional officer Rebekah Pierre have highlighted troubling personal experiences of what has been called “care-less” support for older teenagers living independently.
Rebekah said: ‘This was a cruel, callous judgement in which the best interests of children are entirely absent. I am devastated.
“My experience of living in a care-less setting at 16 and 17 was more damaging than I can describe. Children in care have often been traumatised and deserve the very best society can afford them, not the least – which in this case is institutionalised neglect, a lack of care and compassion, and risk of significant harm.”
Earlier this year campaigners presented an 11,000-strong petition to 10 Downing Street demanding all children in care receive the same rights and protections.
Carolyne Willow, director of Article 39, said the High Court ruling had “profound implications for children in care”.
She added: “There is no question that children will continue to be placed in wholly unsuitable accommodation.”
Willow said the government had created a “two-tier’ system, adding “age on its own tells us nothing about a child’s history”.
Mr Justice Holgate also rejected Article 39’s claim that failing to extent care provision discriminated against the disproportionate number of black and ethnic minority older teenagers in semi-independent accommodation.
Article 39 said it plans to go to the Court of Appeal.