Care leavers to given more support to avoid being criminalised

Care leavers will be given more support by Government under plans to reduce the disproportionate number of vulnerable young people living in care who subsequently receive a criminal conviction or prison sentence. 

According to government people who have been in care are four times more likely to receive a criminal conviction and ten times more likely to end up in prison compared to everyone else. A review of the The National Protocol for Reducing the Unnecessary Criminalisation of Looked-after children and Care leavers (National Protocol) could bring in stronger checks for health services, school and the police to better hold them to account, making sure they are providing the support expected of them and that those in care are not punished more harshly than their peers.

The review will also ask how local authorities, schools and police can better work together to identify children at risk of being recruited by criminal organisations and offer support earlier to prevent them entering the justice system. Children in care often face significant early trauma, instability and abuse, which can leave them vulnerable to exploitation and crime; earlier intervention might include specialised trauma counselling or peer mentoring schemes.

The National Protocol was published in 2018 by the Home Office, Ministry of Justice and Department for Education and provides guidance for multi-agency working, including social care and police, to recognise the impact of trauma on behaviour and to use de-escalation techniques and rehabilitation, rather than criminal justice, to manage ‘low level incidents’. An updated Protocol will be published in Spring 2026.

Deputy Prime Minister David Lammy said:

“I’ve seen firsthand how children in care too often bear the brunt of other people’s failures to protect them.

“Strengthening the Protocol will mean these children are treated as children, rather than criminals. Ensuring they get proper help and support means we can change the path they’re on, stop them turning to lives of crime and give them a more positive future.”

Children and Families Minister Josh MacAlister added:

“Every child in care deserves to be met with understanding and opportunity.

“If a child in care ends up in contact with the justice system, our strengthened National Protocol will make sure they are treated with care and compassion.

“Combined with our measures to require councils to provide better support and accommodation for care leavers, this is a key step in breaking down barriers to opportunity for some of the most vulnerable young people in our society.”

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