Being care experienced as a protected characteristic

Under the Equality Act 2010, it is illegal to unlawfully discriminate against those based on a ‘protected’ characteristic.

These are: race/ethnicity/nationality; religion; biological sex; gender reassignment; age; marital status; sexual orientation; disability and maternity.

In recent years, there has been a push to make being care experienced a protected characteristic. So, is being care experienced a legally protected attribute?

Research and testimonies

The Children’s Commissioner and the Local Government Association have carried out research into the opinions of care leavers regarding making being care experienced a protected characteristic.

Respondents have reported being stigmatised and facing prejudice due to this background, ranging from backhanded compliments to being refused for jobs, as well as being judged regarding their ability to parent.

These experiences of unfair assumptions being made are akin to how a person of colour might face racism, for instance. Adding care experience as a protected characteristic, according to care leavers and local leaders, will raise awareness of the stigmas and marginalisations they face in everyday life, and create schemes that will help them succeed.

What does the law say, and will it change anything?

While being care experienced is yet to be added as a protected characteristic to the Equality Act 2010, there are several local councils that have recognised it as such. For example, Leicestershire, Shropshire and Newham councils have done this, indicating some progress in helping care leavers and giving them greater legal support against systemic discrimination.

However, some care leavers have argued that more needs to be done to destigmatise being in care, through means such as educating others and listening to their testimonies and ideas.

At Beacon Fostering, we treat everyone with equal respect. Reach out today to discover more about our foster care services.