The Tenth Protected Characteristic

Care
Experience

The Equality Act 2010 lists nine protected characteristics. It does not name the one group the state is legally the parent of. That silence is the loophole.

A care-experienced young person who is turned away, talked down to, or written off can rarely point to a protected ground — so the discrimination is real, obvious to everyone in the room, and not actionable. Dozens of councils have already voted to treat care experience as a protected characteristic locally, and the Independent Review of Children's Social Care recommended doing it nationally. This campaign finishes the job in statute, so it stops depending on the goodwill of whoever runs a particular authority this year.

Who Is Covered, and For How Long

  • Every child currently looked after — in foster care, kinship care, residential or secure accommodation, or subject to a care order.
  • Every child previously looked after, however briefly, and whatever the route out of care.
  • Every care leaver and care-experienced adult, with no cut-off at eighteen, twenty-one or twenty-five. Care experience is a permanent fact about a person's life, and the protection should last exactly as long as the fact does.

This is delivered through the All Citizens Protection Law, which consolidates the Equality Act 2010 and the Human Rights Act 1998 into one enforceable statute — and adds care experience as the tenth protected characteristic alongside the existing nine, on exactly the same footing.

What Actually Changes

Enforceable
Consequences

1. Direct and Indirect Discrimination Become Unlawful

It becomes unlawful to treat a looked-after or care-experienced person less favourably because of their care status — in education, employment, housing, healthcare, policing, financial services or public administration.

Indirect discrimination matters most here. The rules that shut care leavers out are usually neutral on their face: guarantor requirements, parental-income declarations, landlord references covering years the applicant spent in placements, "next of kin" fields with no valid answer. None of it is aimed at care leavers. All of it lands on them.

2. The Cliff Edge at Eighteen Ends

Turning eighteen in care means the support structure is dismantled on a schedule set by the calendar rather than by readiness. Nobody parenting their own child would do this, and no council should be able to.

The commitment: leaving-care support keyed to readiness, not to a birthday — with a duty on the corporate parent to demonstrate that housing, income, education or employment, health registration and a named continuing relationship are all in place before support steps down, and to keep the door open afterwards.

3. An End to Criminalising the Care System

A teenager in residential care can leave the system with a criminal record earned entirely inside the placement the state put them in. A door kicked in a family home is a bad evening. The same door in a children's home becomes criminal damage, a police attendance, a charge.

The commitment: police escalation involving a looked-after child triggers a duty to record and justify, and the corporate parent must show it attempted every alternative first. Restorative and in-house resolution becomes the default; prosecution becomes the exception that has to be argued for.

4. Protection From Retaliatory Criminalisation

People who challenge an institution too persistently find themselves recast as the problem — vexatious, obstructive, a nuisance. Care-experienced young people are the sharpest example, because the institution they are complaining about is also the one responsible for them.

Pursuing a rights complaint against a public body cannot itself be treated as misconduct. Where the complainant is a looked-after child or care leaver, the same protection binds the corporate parent that escalated them into the criminal justice system instead of parenting them.

5. Human Rights Read Together

A looked-after child's Article 8 right to private and family life, Article 3 protection from degrading treatment, and Article 2 of Protocol 1 right to education are enforced in the same claim as their equality rights. One forum, one statute, one hearing — no more losing in the space between two Acts.

Why This Is Mandate, Not Preference

The Constituency First Pledge means this seat votes as the majority of the constituency directs on issues outside the core mandate. Lifelong legal protection for care-experienced people is inside the core mandate. It is a human rights and equality commitment, it was on the ballot, and it is not up for renegotiation afterwards.

Funding levels, delivery structures and local commissioning choices sit outside that core — and on those, the constituency decides.

Protected By Name. Protected For Life.

Register to join the secure constituency polling platform and back care experience as the tenth protected characteristic.

Register Your Vote