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xUK Parliament committee calls for UNCRC to be incorporated into English law
Date: 28th September 2026
Category:
General measures of implementation
The Joint Committee on Human Rights (JCHR) has called on UK Government to fully incorporate the UN Convention on the Rights of the Child (UNCRC) into English law, arguing that doing so would significantly strengthen protections for children involved in England’s social care system and improve accountability for public authorities.
The recommendation was one of the central conclusions of the JCHR’s inquiry into children’s social care, which included an examination of whether UNCRC incorporation would improve rights protections for children in care and those receiving support from social work. The JCHR said that support for direct incorporation was one of the most common calls from those who submitted evidence to the inquiry .
Around 400,000 children in England are involved with the social care system, including nearly 84,000 children looked after by local authorities. The Committee said the system should be easier to navigate, with better complaints processes and stronger protection of children’s rights.
Evidence to the inquiry raised concerns that children moved from one part of the UK to another can experience different levels of protection of their rights. For example, the Committee heard that children moving from Scotland or Wales to England may lose the same level of protection from physical punishment, as the defence of reasonable chastisement has been removed in Scotland and Wales but remains available in England.
To address these concerns, the Committee recommended that UK Government should take steps to fully incorporate the UNCRC into English law. It concluded that incorporation would "give the UNCRC teeth", strengthening protections for children and enhancing accountability of public authorities.
The Committee also recommended that, pending full incorporation, UK Government should introduce interim measures to better embed children's rights in decision-making. These include developing mandatory child rights impact assessment procedures, and introducing a duty on ministers to have due regard to the UNCRC when exercising their functions. The JCHR also called on UK Government to repeal the defence of ‘reasonable chastisement’ to ensure that children in England have equal protection from physical punishment as adults, bringing the law in line with progress already made in Scotland and Wales.
The report also highlighted the difficulties faced by care leavers when support ends as they reach adulthood. The Committee recommended exploring longer-term support for areas such as housing, health, education and employment, rather than relying on strict age limits. Other recommendations included greater support for kinship carers, clearer guidance and equal access to services for disabled children, and urgent action to end the use of unsuitable and unregulated accommodation for children.
Chair of the Joint Committee on Human Rights, Lord David Alton said:
“We have a moral duty as a society to uphold the human rights of children and young people. The children’s social care system is there to be a crucial safety net to support the most vulnerable in society.
"The evidence we have heard from children in care, care leavers and experts in the field is that too often it is failing to prevent people falling through the gaps. The challenges for those in need of care do not stop when childhood ends - from the 'cliff edge' of support ending at the age of 18, to the increased likelihood of entering the criminal justice system to facing discrimination once they leave care.
"These are issues that Government needs to do more to understand and take steps to address them.
Read the full JCHR report: Human Rights of Children in the Social Care System in England.