Government unveils review of ‘National Protocol’ guidelines to stop criminalisation of children in care

According to government data, people who have been in care are four times more likely to receive a criminal conviction and ten times more likely to end up in prison compared to everyone else.  

The review will ask how local authorities, schools and police can better work together to identify children at risk of being drawn into crime and offer “targeted support” to prevent them entering the justice system, such as specialised trauma counselling or peer mentoring schemes.

Changes to the National Protocol could also bring in stronger checks for health services, schools and the police to better hold them to account, “making sure they are providing the support expected of them and that those in care are not punished more harshly than their peers”, said the Government.

The announcement comes as the Children’s Commissioner has found that children in care are often treated disproportionately as criminals.

Children’s Commissioner, Dame Rachel de Souza, said: “Children in care are frequently charged with offences such as assault or criminal damage under the value of £5,000 – behaviours and issues that, in any other home, would be treated with care, understanding and support, not police intervention. When it comes to children in care, we take away their innocence – never giving them the benefit of the doubt.

“This protocol encourages professionals to consider whether a child’s behaviour would lead to arrest if they lived with their families – and to take steps to change these patterns. I’m delighted that the Deputy Prime Minister has responded so swiftly and decisively to this issue and look forward to working closely with him to improve outcomes for care experienced children and young people.”

The National Protocol for Reducing the Unnecessary Criminalisation of Looked-after children and Care leavers was published in 2018 by the Home Office, Ministry of Justice and Department for Education. 

The Protocol provides guidance for multi-agency working, primarily between police and social care, to recognise the impact of trauma on behaviour and to use de-escalation techniques and restorative approaches rather than criminal justice to manage low level incidents. 

The updated protocol is due to be published in Spring 2026.

Children and Families Minister Josh MacAlister said: “Every child in care deserves to be met with understanding and opportunity.

“If a child in care ends up in contact with the justice system, our strengthened National Protocol will make sure they are treated with care and compassion.

“Combined with our measures to require councils to provide better support and accommodation for care leavers, this is a key step in breaking down barriers to opportunity for some of the most vulnerable young people in our society.”

Rachael Wardell, President of the Association of Directors of Children’s Services, said: “As Directors of Children’s Services, we share the same concerns about the unnecessary criminalisation of a small number of children in care.

“While the protocol sets out some expectations, it isn’t the whole solution. Good relationships between homes and their local police force are vital, as is staff training.

“It is also important there is an appreciation and understanding of what lies behind a child’s disruptive behaviour, such as bereavement, earlier abuses or neglect, and that responses are suitably proportionate and rooted in trauma-informed practice.”

Lottie Winson