Minutes:
The Council received a notice of motion moved by Councillor Daniel Williamson and seconded by Councillor Helen-Ann Smith as follows:-
Motion 3
To consider a notice of motion proposed by Councillor Daniel Williamson and seconded by Councillor Helen-Ann Smith, as follows:-
“The Independent Review of Children’s Social Care headed by Josh McCallister published in May 2022 a final report and recommendations that included:
“Government should make care experience a protected characteristic” and “New legislation should be passed which broadens corporate parenting responsibilities across a wider set of public bodies and organisations.”
On Protected Characteristics for Care Experience – (Care Review May 2022)
“Many care experienced people face discrimination, stigma, and prejudice in their day to day lives. Public perceptions of care experience centre on the idea that children are irredeemably damaged and that can lead to discrimination and assumptions being made.
One young person told the review that a teacher had told them “You’re smart - for a kid in care”, another young person said “I don’t want people to point out that I am in care if I don’t want that mentioned. It makes me so cross – that shouldn’t happen.”
This stigma and discrimination can be explicit, and often comes with assumptions about the likely characteristics of children and adults that have care experience. They can also be implicit and are evidenced in the way care experience is discussed in schools, workplaces, and the media.
At its worst this can lead to care experienced people being refused employment, failing to succeed in education or facing unfair judgements about their ability to parent when they have children and families of their own.
Hearing testimony from care experienced people sharing the discrimination they have experienced, even from a very young age, it is clear that such discrimination can be similar in nature to other groups that have a legally protected characteristic under the Equality Act (2010). So, while there may be ways that society can help reduce stigma and discrimination, including creating greater public consciousness on these issues, just as with other areas of equality, there is a case to go further. Therefore, the government should make care experience a protected characteristic.
Making care experience a protected characteristic would provide greater authority to employers, businesses, public services, and policy makers to put in place policies and programmes which promote better outcomes for care experienced people. It will make the UK the first country in the world to recognise care experienced people in this way. As a measure, it will bolster and pave the way for a number of the recommendations in this chapter.”
Care Review May 2022
Ashfield District Council notes that
2. For the purposes of Section 2 (1) (a) of the Children and Social Work Act 2017. The services that may assist care leavers in, or in preparing for, adulthood and independent living include services relating to;
(a) health and well-being;
(b) relationships;
(c) education and training;
(d) employment;
(e) accommodation;
(f) participation in society.
3. On Corporate Parenting Principals Ashfield District Council accepts that it is a relevant local authority in England by virtue of the Children and Social Work Act 2017 Section 1 (3) (b) and in carrying out functions in relation to the children and young people who are care leavers as defined at paragraph 4 of this motion must have regard to the need;
(a) to act in the best interests, and promote the physical and mental health and well-being, of those children and young people;
(b) to encourage those children and young people to express their views, wishes and feelings;
(c) to take into account the views, wishes and feelings of those children and young people;
(d) to help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners;
(e) to promote high aspirations, and seek to secure the best outcomes, for those children and young people;
(f) for those children and young people to be safe, and for stability in their home lives, relationships and education or work;
(g) to prepare those children and young people for adulthood and independent living.
4.Children and care leavers relevant for the purposes of the Children and Social Work Act 2017 Section 1 (2) (a) (b) and (c) are;
(a) children who are looked after by a local authority, within the meaning given by section 22(1) of the Children Act 1989;
(b) relevant children within the meaning given by section 23A(2) of that Act;
(c) persons aged under 25 who are former relevant children within the meaning given by section 23C(1) of that Act.
5. Ashfield District Council acknowledges that Children entering the care system are often split from their siblings and placed outside their home Local Authority Area. That they don’t choose to enter the care system, that they don’t choose to be split up from their siblings and don’t choose to be placed outside their local area.
6. Ashfield District Council believes that
(a) Care experienced people face significant barriers that impact them throughout their lives;
(b) Despite the resilience of many care experienced people, society too often does not take their needs into account;
(c) Care experienced people often face discrimination and stigma across housing, health, education, relationships employment and in the criminal justice system;
(d) Care experienced people often face a postcode lottery of support;
(e) As corporate parents, councillors in a district council have a collective responsibility for providing the best possible support and safeguarding for the children who are looked after by a local authority and who are leaving the care system;
(f) All corporate parents should commit to acting as mentors, hearing the voices of looked after children and young people and to consider their needs in any aspect of council work;
(g) Councillors should be champions of our looked after children and care leavers and challenge the negative attitudes and prejudice that exists in all aspects of society;
(h) The Public Sector Equality Duty requires public bodies, such as councils, to eliminate unlawful discrimination, harassment, and victimisation of people with protected characteristics;
Ashfield District Council is proud that
7. It published the first joint Local Offer in England in partnership with Mansfield District Council, Bassetlaw District Council, Rushcliffe District Council, Newark and Sherwood District Council, Rushcliffe Borough Council, Gedling Borough Council and Broxtowe Borough Council and;
(a) That the council tax exemption policy for care leavers across our district and all other districts of Nottinghamshire provides equality of opportunity because it includes care leavers that may have moved into our districts from other Local Authority Areas.
(b) That our district and all other districts of Nottinghamshire has a free leisure centre membership offer for all Care Leavers up to the age of 25
(c) It is a signatory to the Nottinghamshire Looked After Children and Care Leavers Partnership Strategy 2022-2025.
Ashfield District Council Resolves to.
9. That it recognises that Councils have a duty to put the needs of oppressed people at the heart of decision-making through co-production and collaboration;
10.That it Includes people with care experience within the Council’s Equality Impact Assessment process as a voluntary addition to the 9 protected characteristics.
11.That in the delivery of the Public Sector Equality Duty the Council includes care experience in the publication and review of Equality Objectives and the annual publication of information relating to people who share a Protected Characteristic in services and employment in so far as available data allows for meaningful monitoring.
12.To formally call upon all other bodies to treat care experience as a protected characteristic until such time as it may be introduced by legislation.
13.To formally call upon all other bodies to adopt the corporate parenting principal until such time as it may be introduced by legislation.
14.For the council to proactively seek out and listen to the voices of care experienced people when developing new policies based on their views.
15.That in accordance with the Care Leavers Agreement across Nottinghamshire this council aims to remove the Local Connection area test for Care Leavers as defined at paragraph 4 of this motion
16.That where a care leaver is found intentionally homeless consideration of additional priority will be given through the Housing Register to ensure suitable accommodation can be secured.
17.For this council to increase participation in democracy for Care leavers of all ages by inviting them to attend to give their views and experiences at relevant scrutiny committees.”
Councillor Jason Zadrozny submitted a proposed amendment to the wording of paragraphs 12 and 13 of the motion and asked Councillors Williamson and Smith, as mover and seconder of the motion, to incorporate them into the original motion. Both agreed to this course of action.
Paragraphs 12 and 13 with amendments:
13.To formally adopt and call upon all other bodies to adopt the corporate parenting principals for children in care and care leavers until such time as it may be introduced by legislation.
During consideration of the motion, the Chairman introduced Terry Galloway who had been instrumental in developing the motion put before Members at the meeting, aimed at raising awareness and support for local care leavers. Mr. Galloway, a Director of Norman Galloway Homes had also been the founder of the Care Leaver Local Offer, which endeavoured to create systemic change and provide a platform for all those interested in getting things improved for children in care and care leavers.
Mr. Galloway addressed the meeting and spoke about his time in care, the difficulties he experienced and his hope for change and improvement for care leavers in the future.
Having been fully considered, the motion was put to the vote and it was
RESOLVED that
a) when making any decisions in relation to policies or formulating its plans, the Council recognises that care experienced people are an oppressed group who face discrimination;
b) the Council recognises that it has a duty to put the needs of oppressed people at the heart of decision-making through co-production and collaboration;
c) people with care experience are included within the Council’s equality impact assessment process as a voluntary addition to the 9 protected characteristics;
d) in the delivery of the Public Sector Equality Duty, the Council includes care experience in the publication and review of equality objectives and the annual publication of information relating to people who share a protected characteristic in services and employment in so far as available data allows for meaningful monitoring;
e) it be agreed to formally adopt and call upon all other bodies to treat care experience as a protected characteristic until such time as it may be introduced by legislation;
f) it be agreed to formally adopt and call upon all other bodies to adopt the corporate parenting principals for children in care and care leavers until such time as it may be introduced by legislation;
g) the Council will proactively seek out and listen to the voices of care experienced people when developing new policies based on their views;
h) in accordance with the Care Leavers’ Agreement across Nottinghamshire, the Council aims to remove the local connection area test for care leavers as defined at paragraph 4 of the motion;
i) where a care leaver is found intentionally homeless, consideration of additional priority will be given through the Housing Register to ensure suitable accommodation can be secured;
j) the Council agrees to increase participation in democracy for care leavers of all ages by inviting them to attend to give their views and experiences at relevant scrutiny committees.
(During consideration of the motion, Councillor Melanie Darrington left the meeting at 8.40pm.)