Agenda item

Protected Characteristics for Care Experienced People

Report of the Strategic Director of Children’s Services 

Decision:

9.1

The Strategic Director of Children’s Services submitted a report to support detailed consideration of the motion agreed by Full Council of 1st November 2023, that ‘Care Experienced’ is recognised as a protected characteristic by Sheffield City Council.

 

 

9.2

RESOLVED UNANIMOUSLY: That Strategy and Resources Policy Committee:-

 

 

 

(a) notes the resolution of Full Council on 1st November 2023 regarding Care Experienced People and the context to that resolution as set out in this Report;

 

(b) endorses the principles set out in the resolution and confirm that the Council will regard Care Experience as a protected characteristic whilst noting that further work will be required on the implementation of those principles/changes; and

 

(c) agrees that further detail should be provided in the forthcoming report “Equality Framework Equality Is Everybody’s Business”.

 

9.3

Reasons for Decision

 

 

9.3.1

As corporate parent, the Council has a responsibility to provide the best possible care and safeguard children who are looked after by us as an Authority. It demonstrates Sheffield City Councils commitment as a Corporate Parent to ending the disparity and inequality faced by care experienced young people by going beyond our statutory requirements and ensuring that the needs of care experienced young people are at the heart of all our decision-making alongside other groups who formally share a Protected Characteristic.

 

 

 

9.3.2

By formally recognising care leavers as a protected characteristic the Committee are acknowledging those with care experience can face discrimination, stigma, and prejudice. The recognition demonstrates Committee’s commitment to advancing equality of opportunity between those with care experience and those without. By making ‘care experience’ a protected characteristic SCC are demonstrating its commitment to Care Leavers now as opposed to waiting for national reform to impose these changes on our behalf.

 

 

9.3.3

Councillors should be champions of our looked after children and young people and challenge the negative attitudes and prejudice that exist; and The Public Sector Equality Duty requires public bodies, such as councils, to have due regard to the need to:-

(A) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(B) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(C) foster good relations between persons who share a relevant protected characteristic and persons who do not share it

 

 

9.3.4

The decision to treat care experience as a tenth protected characteristic would further cement the Council’s existing strong track record as a corporate parent. Performance and outcomes for care leavers are an important proxy for the overall effectiveness of the children’s social care system and the experience of children in care. It is not possible to achieve good outcomes for care leavers unless the right children come into care, for the right reasons and they are supported effectively to reach their best potential during the time they are in care.

 

 

9.4

Alternatives Considered and Rejected

 

 

9.4.1

Future national reform may introduce care experience as a characteristic under the Equalities Act in the future. This was a key recommendation from the Care Review and is currently being implemented by 72 Local Authorities nationally.

 

 

 

Minutes:

6.1

The Strategic Director of Children’s Services submitted a report to support detailed consideration of the motion agreed by Full Council of 1st November 2023, that ‘Care Experienced’ is recognised as a protected characteristic by Sheffield City Council.

 

Belinda Omorodion, Rae Sloan, Jake Adam Schuett and Wilster Mafoti, Voice & influence Workers attended the meeting and gave a presentation outlining their lived experience, in particular focusing on the issues of housing, loneliness, treatment in the criminal justice system and employment.

 

 

6.2

RESOLVED UNANIMOUSLY: That Strategy and Resources Policy Committee:-

 

 

 

(a) notes the resolution of Full Council on 1st November 2023 regarding Care Experienced People and the context to that resolution as set out in this Report;

 

(b) endorses the principles set out in the resolution and confirm that the Council will regard Care Experience as a protected characteristic whilst noting that further work will be required on the implementation of those principles/changes; and

 

(c) agrees that further detail should be provided in the forthcoming report “Equality Framework Equality Is Everybody’s Business”.

 

6.3

Reasons for Decision

 

 

6.3.1

As corporate parent, the Council has a responsibility to provide the best possible care and safeguard children who are looked after by us as an Authority. It demonstrates Sheffield City Councils commitment as a Corporate Parent to ending the disparity and inequality faced by care experienced young people by going beyond our statutory requirements and ensuring that the needs of care experienced young people are at the heart of all our decision-making alongside other groups who formally share a Protected Characteristic.

 

 

 

6.3.2

By formally recognising care leavers as a protected characteristic the Committee are acknowledging those with care experience can face discrimination, stigma, and prejudice. The recognition demonstrates Committee’s commitment to advancing equality of opportunity between those with care experience and those without. By making ‘care experience’ a protected characteristic SCC are demonstrating its commitment to Care Leavers now as opposed to waiting for national reform to impose these changes on our behalf.

 

 

6.3.3

Councillors should be champions of our looked after children and young people and challenge the negative attitudes and prejudice that exist; and The Public Sector Equality Duty requires public bodies, such as councils, to have due regard to the need to:-

(A) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(B) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(C) foster good relations between persons who share a relevant protected characteristic and persons who do not share it

 

 

6.3.4

The decision to treat care experience as a tenth protected characteristic would further cement the Council’s existing strong track record as a corporate parent. Performance and outcomes for care leavers are an important proxy for the overall effectiveness of the children’s social care system and the experience of children in care. It is not possible to achieve good outcomes for care leavers unless the right children come into care, for the right reasons and they are supported effectively to reach their best potential during the time they are in care.

 

 

6.4

Alternatives Considered and Rejected

 

 

6.4.1

Future national reform may introduce care experience as a characteristic under the Equalities Act in the future. This was a key recommendation from the Care Review and is currently being implemented by 55 Local Authorities nationally.

 

Supporting documents: