Child Care Solicitors

It has become increasingly clear over the course of the pandemic that the care system is under excruciating pressure and requires urgent review. Foster care is no exception. As a growing number of children require placements, it is becoming ever more apparent that a sufficient number of suitable placements are not available for them. Though in theory this statistical problem may seem purely administrative, in reality the impact on those children is far from it, with devastating social and emotional detriment leaving them prime for exploitation. The system continues to buckle under the pressure and fail those at its heart in the wake of a perfect storm of the recent pandemic, a lack of funding and the changing needs of children in care.

As of 31 March 2021, there were 45,370 fostering households in England, and a total of 76,640 foster carers. These figures amounted to a 2% and 4% increase since 2014 to 2015, respectively¹. Though an increase, when compared to the 11% increase in the number of children in foster care, the problem quickly comes to light². Simply put, demand on the number of foster care placements vastly exceeds supply.

A prominent cause of this deficit is the experiences of foster carers, who echo sentiment across the care system that there is a lack of adequate support, training, respect and remuneration.³ The COVID-19 pandemic was and continues to be a key driving factor behind the sharp increase in demand, with children confined to their homes, combined with the immeasurable financial and emotional strain on families as a whole. In June of last year the charity Barnardo’s declared a ‘state of emergency’⁴ following the dramatic increase in referral rates, and the fundamental and growing deficit in the number of available placements shows no sign of slowing. Though over 160,000 initial enquiries were made by prospective fostering households in the year ending 31 March 2021, only 6% of these manifested into foster carer applications, a drop of 12% since the ‘high point’ in 2014 to 2015⁵. The Social Market Foundation reported that this culmination of issues will lead to a recruitment deficit of approximately 25,000 foster care families in the next 5 years.⁶

However, an insufficient number of placements is not the only flaw in this area. These numbers are not able to encompass the further problem of ensuring that there is a suitable placement for a child. Incompatibility between a child and placement can come in a number of formats including, among other things:

• Excessive distance from their home area; often to placements in high-crime rate areas


• Temporary placements, leading to frequent movement and instability


• Placements without adequate supervision and regulation

Unsuitability may also relate to the fact that the population of foster carers is aging significantly, and at the same time the average age of children entering care is on the rise, so there are more active children with a wider range of needs and challenges to be met by carers arguably less primed to do so. Children aged 10 to 15 years old are the fastest growing group entering the care system, and 23% of all children in care are 16 and 17 year olds.⁷ A system primarily designed for younger children cannot and, more importantly, has not coped with this major shift and has therefore ceased to function effectively.

For those placed in care for the duration of public law court proceedings, this problem is only exacerbated by the extensive length of proceedings. The Children and Families Act 2014⁸ brought in a requirement that proceedings for care and supervision orders would be concluded within 26 weeks from the date of issue. At that time, proceedings took over a year on average. In 2017, this had decreased to an average of 28 weeks⁹. Yet, between July and December 2021, the average time to reach first disposal was up to an astonishing 45 weeks, with less than one quarter of cases being concluded within the 26 week limit¹⁰. The exact reason for this is unclear but the ongoing effects of the COVID-19 pandemic and the increased referrals are likely relevant factors as well as the excessive demands placed on social workers and local authorities as a result¹¹.

Though this can easily be looked at as a problem of numbers or its importance underestimated, the problem for those involved is far from theoretical. The reality is that the children involved and entering the care system are faced with great uncertainty and instability, often at a time when they need it most. Having been separated from their families as well as experiencing issues such as exposure to domestic violence, physical, emotional and sexual abuse, substance misuse, neglect and so on, their vulnerabilities are often at their highest. Whilst courts and professionals are quick to emphasise the need for stability and clarity, these statistics demonstrate that at present, these are necessities that the care system simply cannot always offer. Further, incompatibility can often lead to problematic experiences in placements for both children and their carers, exacerbating issues in the long-term, with carers feeling increasingly under-supported.

A recent report by the Commission on Young Lives has highlighted a particularly dangerous consequence of this¹², noting that a number of children are moved from their local areas to unregulated accommodation, and then targeted by criminals as a result. This exploitation can include drug-running, grooming, gang violence and sexual exploitation. On the whole, this means that these children are more at risk of exploitation in the care system itself, than the local areas they are removed from, leaving the system as a whole ‘unfit for purpose’. The report exposes data from 22 boroughs of London in which the problem is at its worst, and shows hundreds of children being placed ‘out of borough’ and into semi-independent accommodation without regulation, leaving them prime for manipulation and abuse¹³.

It seems that the care system at present is plagued with problems, and in this area there is a clear absence of any ‘quick fix’. However, in recent months it has become ever clearer that inaction is simply no longer an option. The deaths of young children who have been inadequately protected¹⁴ have exposed the extent of the flaws and the devastating impacts that have not always been so evident. The report itself recommends the introduction of a ministerial taskforce looking at vulnerable teenagers at risk, increased duties for local authorities, schools and police, a national recruitment programme as well as a programme guaranteeing placement in appropriate care and banning the use of unregulated accommodation for all under 18s¹⁵, but it remains to be seen what measures are adopted following a review. Whilst there may not be a singular ‘quick fix’ for such deep-seated and core problems, there must be fast recognition of these fundamental flaws, and a prompt response underpinned by proper and adequate funding to fix the years that the system has gone without.



Author Bethany Arrowsmith is a Caseworker in the Child Care Team and assists director Ravi Kaur Mahey on her complex cases involving children. Beth read law at the University of Oxford and keen to pursue a career tackling these challenging issues and campaigning for reform. You can contact Beth by emailing bethanyar@duncanlewis.com.

Ravi Kaur Mahey is a Director and Solicitor in the Child Care Team. Ravi has practised in Children Law for 20 years. You can contact Ravi by emailing ravim@duncanlewis.com or calling 020 3114 1102.





¹https://www.gov.uk/government/statistics/fostering-in-england-1-april-2020-to-31-march-2021/fostering-in-england-2020-to-2021-main-findings
²Ibid
³https://www.thefosteringnetwork.org.uk/policy-practice/research/state-nations-foster-care-2019
⁴https://www.theguardian.com/society/2020/jun/23/number-of-children-needing-foster-care-soars-during-pandemic-says-barnardos
⁵https://www.gov.uk/government/statistics/fostering-in-england-1-april-2020-to-31-march-2021/fostering-in-england-2020-to-2021-main-findings
⁶https://www.theguardian.com/society/2021/aug/29/vulnerable-children-at-risk-as-england-faces-shortfall-of-25000-foster-families
⁷https://thecommissiononyounglives.co.uk/out-of-harms-way-a-new-care-system-to-protect-vulnerable-teenagers-at-risk-of-exploitation-and-crime/
⁸ S.14(2) Children and Families Act 2014, amending S.32(1)(a) Children Act 1989
⁹https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/695363/family-court-stats-oct-dec-2017.pdf
¹⁰https://www.gov.uk/government/statistics/family-court-statistics-quarterly-july-to-september-2021/family-court-statistics-quarterly-july-to-september-2021
¹¹https://www.communitycare.co.uk/2021/04/01/caseloads-got-less-manageable-childrens-social-workers-covid-survey-finds/
¹²https://thecommissiononyounglives.co.uk/wp-content/uploads/2021/12/OUT-OF-HARMS-WAY-CYL-DEC-29-2021-.pdf
¹³https://thecommissiononyounglives.co.uk/wp-content/uploads/2021/12/OUT-OF-HARMS-WAY-CYL-DEC-29-2021-.pdf
¹⁴https://www.duncanlewis.co.uk/childcare_news/The_Tragic_Story_of_Arthur_LabinjoHughes_A_Broken_System__(6_December_2021).html
¹⁵https://thecommissiononyounglives.co.uk/wp-content/uploads/2021/12/OUT-OF-HARMS-WAY-CYL-DEC-29-2021-.pdf