Why Rights-Based Care Matters
Looked-after children are among the most scrutinised in society, yet often have the least power to influence their own circumstances. A rights-based approach ensures:
- Accountability at every level of care
- Participation in decision-making
- Equitable access to health, education, and safety
- Protection from neglect, discrimination, and instability
At Welcare, rights are embedded into practice — not as a policy box-tick, but as the foundation of our trauma-informed care model.
Core Rights of Children in Care
1. The Right to Safety and Protection
Children must live in environments free from harm. Residential homes must:
- Follow clear safeguarding protocols
- Maintain safe staffing levels and vetting procedures
- Respond quickly to allegations or disclosures
- Offer therapeutic responses to trauma-based behaviours
2. The Right to Be Heard
Under Article 12 of the UNCRC and the Children Act 1989, children must be consulted in all decisions that affect them. Professionals should:
- Use key working and house meetings for meaningful engagement
- Prepare children for LAC reviews and encourage participation
- Record children’s views and share them with the Independent Reviewing Officer (IRO)
3. The Right to Education
Children in care are entitled to:
- Full-time education appropriate to their needs
- A Personal Education Plan (PEP)
- Educational support, tutoring, or specialist services as needed
Homes must liaise with Virtual School Heads, advocate for EHCPs, and promote attendance.
4. The Right to Health and Mental Wellbeing
Local authorities are responsible for:
- Initial and annual health assessments
- Access to physical and dental care
- CAMHS referrals and emotional wellbeing interventions
Care staff are often the first to notice emerging needs and must escalate concerns promptly.
5. The Right to Identity and Cultural Connection
Children have the right to:
- Practice their religion and culture
- Maintain contact with family (when safe)
- Access support around race, gender, sexuality, and identity
Welcare staff are trained in inclusive practice and affirming care for children from diverse backgrounds.
6. The Right to Advocacy and Representation
Every looked-after child should have access to:
- An Independent Reviewing Officer (IRO)
- An independent advocate (on request)
- Support to make complaints or raise concerns
Professionals must ensure children know these services exist — and know how to access them.
7. The Right to Preparation for Adulthood
From age 16, care leavers have rights under the Children (Leaving Care) Act 2000:
- A tailored Pathway Plan
- A Personal Advisor until age 21 (or 25 in education)
- Support with housing, employment, life skills, and finances
Residential teams must begin preparing young people early, encouraging independence while maintaining emotional support.
Professional Responsibilities in Upholding Rights
Areas of responsibility with expectations for residential staff.
Documentation
Track how rights are met in care plans, keywork, and daily logs
Participation
Facilitate meaningful voice in planning, reviews, and routines
Escalation
Raise concerns when rights are not upheld or systemic delays occur
Multi-agency working
Share insights with social workers, IROs, advocates, and therapists
Advocacy
Encourage children to use complaints procedures and advocates
Ofsted and Children’s Rights
- How staff promote and protect rights
- Whether children feel heard and understood
- How effectively homes respond to concerns and complaints
- Evidence that staff know each child’s legal status and entitlements