Response to The Joint Committee on Human Rights report on its investigation into the Human Rights of Children in the Social Care System in England.

If the UN Convention on the Rights of the Child were incorporated into domestic law in England, it would be a major step forward in how we protect children’s rights, especially for children in care and those who interact with the care system.

While many of the Convention’s principles are reflected in laws like the Children Act 1989, full incorporation would make those rights directly enforceable. It would mean that public bodies must uphold children’s rights in every decision they make and every service they deliver. The office is aware that no single reform would address all issues in the care system, but incorporation would be a step forward to ensuring children’s rights are upheld.

While the Children Act gives effect to many UNCRC articles and sets out clear responsibilities and routes for redress, my independent advocacy team continues to see serious rights violations in the care system every day. Incorporation could help to address specific and recurring issues in children’s social care.

For example: Education: Article 28 guarantees the right to education and Article 29 outlines the goals of education. Incorporation could help ensure that children in care are not missing out on education and receive appropriate support.1 Homeless 16- and 17-year-olds: Article 20 outlines that if a child cannot be looked after by their family, they must be provided with alternative care. Yet, in 2023 the office found that the majority of 16 and 17-year-olds who present as homeless were not given ‘looked after’ status under section 20 of the Children Act. Instead, many are accommodated under housing legislation or section 17, without the protections and entitlements that come with care status. Incorporation could help ensure that these children are treated as children first, with access to care, support and advocacy.

Care standards in supported accommodation: Article 20 outlines that if a child cannot be looked after by their family, they must be provided with alternative care. Currently, 16- and 17-year-olds can be placed in settings that legally provide only support, not care. Incorporation could help drive reform to introduce universal care standards across all settings, ensuring that every child in care receives the care they need, regardless of placement type. Incorporation would also enable strategic litigation, enabling challenge to decisions that breach their rights under the UNCRC.

For example, if a child in care is denied access to education, incorporation would allow these issues to be tested in court. This would not only provide redress for individual children but could also drive wider systemic change by setting legal precedents and holding public bodies to account. See answer to question 1 on children in care missing education.

Scotland’s decision to incorporate the UNCRC is an important development. The office is keen to learn from their experience and will be closely monitoring whether incorporation leads to meaningful improvements in children’s lives. In England, the Commissioner is clear that a roadmap is needed to explore what incorporation could look like in practice. This must be a thoughtful and ambitious process, grounded in the lived experiences of children and focused on building a system that empowers them to claim and enjoy their rights fully.