New report outlines human rights violations in Britain’s child protection system

A new report from the Children and Families Truth Commission has mapped human rights violations against families in the British child protection systems.

The commission is the first ever parent-led human rights-focused investigation of child protection in the UK and has produced the first surveys of families with experience of the child protection system to learn about their experiences.

The report, published today (15 November), outlines the key findings of the research and argues that the child protection system has violated three human rights articles; respect for private and family life (Article 8), right to a fair and public hearing (Article 6) and protection from discrimination (Article 14).

Dr Simon Haworth, Lecturer in Social Work & Social Care at the University of Birmingham who led the research as a member of the commission, said: "The child protection system has become draconian and punitive and is placing concerning numbers of children in care. 83,840 children were in care at the end of March 2023, or one child in every 140 and figures provided by Ofsted say that more than 400,000 children are in the social care system at any one time.

"The need to protect children is imperative, but we have found that often more extreme measures are being taken unnecessarily instead of supporting families asking for help, violating human rights and coming at a higher cost to the taxpayer."

Alongside Dr Haworth, the research was led by commission members Michele Simmons, a mother with experience of the child protection system, and Natasha Phillips, the UK's first child rights journalist.

The commission has gathered over 600 responses from families with experience of the child protection service in England and Wales.

Violation of Article 8

Violation of respect for private and family life was outlined in parents/families having unfairly limited access to their child. The commission found that:

• 93% of respondent families said that they did not receive the support they asked for, either from their local authority or other services.
• 90% of respondents said they were not offered support by their local authority for the issue that led to their child being removed.
• 94% of respondents said their contact was unjustly denied or restricted.
• 86% of respondents said that they were not told they could apply for post-adoption contact.
• 76% of respondents said they were not given information about parental responsibility during the life of their family’s case.

Violation of Article 6

Violation of the right to a fair and public hearing was reflected by a complex and sometimes hostile justice system:

• 69% of respondents said their legal representation was not fair, supportive or independent.
• 62% said they were not given access to the relevant documents and information used to decide that their child should be removed from their care.
• 82% said that the court did not receive or hear all the available information about their case.

Violation of Article 14

The right to protection from discrimination was also violated, with the commission finding that:

• 67% of respondent families said that their mental health was used as evidence to say they were unable to care for their child.
• Of the 93% of parents who said they were treated unfairly or badly by child welfare professionals or services, a significant number of parents said their poor treatment was rooted in discrimination such as:
  • Following a complaint made about the service they received (73%)
  • Mental health (54%)
  • Social background (39%)
  • Financial situation (36%)
  • Disability (35%)
  • Gender (34%)

One parent who was quoted in the report spoke of their experience. They said: “My child died, I asked for help, and they took all my other children away.”

Another parent said: “They moved my children 100s of miles away. My eldest only gets phone contact with her siblings.”

The commission is arguing for changes to be made to the child protection system to prevent human rights violations by focusing on earlier prevention and support.

Dr Haworth added: “Parents struggling with looking after their children often go to their local authorities for support and help, but then they are punished for seeking that help. Instead, authorities should have a legal duty to provide timely and accurate needs-based assessments and support within a human rights framework.”

The commission argues that by focusing on early intervention, not only would it improve the wellbeing of children and their families, but also save the taxpayer a considerable amount of money, over £400 billion over a 20-year period.

Dr Haworth concluded: “Sometimes it is necessary to remove children from their families for their safety, but this decision should not be the gut response. Families should be given fair legal support, access to their children where appropriate and support free of discrimination.

“Our report offers suggestions about how to significantly cut the economic, social and emotional costs of a system which families too often experience as harmful, punitive and controlling. The impact of this system for children and their families can be both far-reaching and long-lasting.”