Recent reporting and findings from The Bureau of Investigative Journalism and the Public Accounts Committee, has brought renewed attention to a deeply concerning issue within the UK’s child protection system. Vulnerable children are being placed in unregulated, and in some cases illegal, care home settings.

Far from being isolated incidents, these findings point to a systemic problem affecting hundreds of children across England.

A system under strain

The Public Accounts Committee has described the current residential care system as “not working”. Children are being placed in settings that fail to meet basic legal and safeguarding standards.

Key findings and shocking statistics reveal:

• Nearly 800 vulnerable children were placed in illegal or unregistered homes as of September 2024
• This represents around 1 in 10 children in residential care
• Many children remained in these placements for an average of six months

These are not short-term emergency measures, but prolonged placements in settings operating outside the law. As child care solicitors, this raises profound concerns for the safety of children who we are here to protect. Our role is to act in the best interests of the child but it is difficult to act in their interests if the wider system is catastrophically failing them.

What makes these homes “illegal”?

Under the Care Standards Act 2000, any children’s home providing care must be registered with Ofsted. The risk of settings not being registered include:

• No inspections to ensure the care home meets the expected standards of care, hygiene, food quality and living quality and emotional support needed for these children
• Not being regulated which can result in the carers not being safety checked, trained or not understanding of the complex needs of the children
• Having no guarantee of the children’s physical and emotional safety within the home
• No written records to evidence the care  provided to the children in the homes

As a result, children placed in these unlawful environments may be living in conditions that would not meet even minimum safeguarding expectations.

Why is this happening?

Evidence suggests that many local authorities are increasingly relying on such placements. There are many reasons for this, including:

• A severe shortage of registered care homes and foster placements
• Rising numbers of children with complex and high-risk needs
• Limited availability of specialist placements

Even local government representatives have acknowledged that these placements are often used because there is simply no alternative available. However, what may begin as a last resort is becoming a normalised workaround within an overstretched system.

The risks to children

The consequences of these failings for children are significant.

According to the findings, children in illegal settings are at higher risk of facing criminal or sexual exploitation. Without appropriate safeguards, some children are also subject to deprivation of liberty and are often placed far from their families and support networks that they rely on. The unregulated settings may lack appropriately trained staff or inadequate supervision, raising huge concerns for the safety and wellbeing of the children in their care.

The Children’s Commissioner for England has also warned that some of these “homes” include makeshift arrangements such as holiday lets or temporary accommodation, leaving children isolated and without the proper care they deserve.

One of the most concerning aspects is that because these settings are unregistered, regulators cannot routinely inspect them. Without this there is limited visibility over how children are treated and so there is a gap where unlawful provisions can persist. Enforcement needs to become preventative, not just reactive.

What this means for parents and professionals

As solicitors working in child protection cases, these findings reinforce the importance of scrutinising placement decisions carefully and challenging arrangements that appear unsafe or unlawful. The role of child care solicitors is to ensure the children’s needs are properly assessed and met, representing children and families to ensure the child’s best interests are met. This includes good quality registered care for a child who can’t live at home with their family.

The findings point to more than isolated failings. They reveal a system under sustained pressure, where unlawful practices are becoming embedded. At its core this is not just a question of resources or regulation, it is also about ensuring that the most vulnerable children receive the protection and care that the law requires and the child deserves.

Representing the needs of children

These concerns continue to highlight the urgent need for proper safeguarding and support for vulnerable children. As specialist child care solicitors , we understand the complex legal and emotional challenges these situations can create for children, families, carers and professionals alike.

If you need clear legal advice and support, do not hesitate to get in touch with our team. We are here to help you protect the rights and wellbeing of children every step of the way.