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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/83/Add.3 25 February 2002 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Periodic reports of States parties due in 1998
United
Kingdom of Great Britain and Northern Ireland*
* For the initial
report submitted by the Government of the United Kingdom, see document
CRC/C/11/Add.1; for its consideration by
the Committee, see documents
CRC/C/SR.204206 and for the Committee’s concluding observations see
document CRC/C/15/Add.34.
GE.02-40543 (E) 300402
CONTENTS
Page
1. Introduction
12
1.2 Structure of the report 12
1.3 Main messages from
1994-1995 - principal subjects of concern,
and recommendations
13
1.4 Main messages from 1994-1995 - positive comments 15
1.5 NGO
contributions to the preparation of the report 15
1.6 Children’s
participation in preparation of the report 15
1.7 Recent developments in
policies 16
1.8 Reservations review 17
1.9 Government responsibility
for the report 18
2. Scotland 18
2.2 Principles of the
Children (Scotland) Act 1995 19
2.3 Main changes 20
2.4 Parental
responsibilities 20
2.5 Parental rights 21
2.6 Child Welfare Hearing
22
2.7 Mediation in Scotland 22
2.8 Public law provisions
23
2.9 Young offenders and the children’s hearings system
23
2.10 Safeguarders 25
2.11 Young offenders and the age of criminal
responsibility 25
2.12 Reservation to article 37 and the children’s
hearings system 25
2.13 Children’s Services Plans 26
2.14 Care
plans 27
2.15 Services and support for children 28
2.16 Aftercare
28
2.17 Children and disability 29
2.18 Refuges for young people
30
2.19 Children in hospitals and nursing homes 30
2.20 Child
protection in Scotland 30
2.21 Adoption 31
2.22 Other relevant
provisions 32
2.23 Publications 33
2.24 Homelessness and rough
sleeping in Scotland 33
2.25 Subsequent developments in children’s
rights in Scotland 34
2.26 The Children’s Issues Unit of The
Scottish Office 35
2.27 Government of Scotland Act 1998 35
CONTENTS (continued)
Page
3. Northern Ireland
36
3.2 The Children (NI) Order 1995 36
3.3 The
Children’s Law Centre 36
3.4 Children’s Services Plans in
Northern Ireland 37
3.5 The Family Homes and Domestic Violence (NI) Order
1998 37
3.6 Respect for views of children 38
3.7 Juvenile justice
38
3.8 The law on illegitimacy in Northern Ireland 39
3.9 Parental
responsibility in Northern Ireland 39
3.10 Fair employment in Northern
Ireland 39
3.11 Housing matters in Northern Ireland
41
3.12 Children’s involvement in human rights issues in Northern
Ireland 41
4. Wales 42
4.2 Welsh Language Act 1993
42
4.3 Local Government (Wales) Act 1994 43
4.4 Government of Wales
Act 1998 43
4.5 Minister for Children in Wales 43
4.6 Strategic
approach to children’s services 43
4.7 Children’s Services
Planning in Wales 44
4.8 Children in public care in Wales
45
4.9 Child protection in Wales 46
4.10 Childcare strategy for
Wales 46
4.11 Support for Child and Family Services Grant Scheme
47
4.12 Publicity and research about the rights of the child
48
4.13 Opportunities for children and young people to express
their
views in Wales 48
4.14 Rough sleeping in Wales
50
5. General Principles and General Measures of Implementation
50
5.1 Harmonizing national law and policy with the
provisions
of the Convention 50
5.2 Children’s Services
Planning in England and Wales 52
5.3 Monitoring Children’s Services
Plans 53
5.4 Policy and practice of youth work in Northern Ireland
53
5.5 The promotion of children’s rights and United Kingdom aid
policy 53
CONTENTS (continued)
Page
6. Civil rights and freedoms
57
6.1 Freedom of thought, conscience and religion
57
6.2 Religious teaching 58
6.3 Privacy and data protection
59
6.4 Privacy in Children’s Homes in England and Wales
59
6.5 The future of emergency legislation in the United Kingdom
59
6.6 Children of unmarried fathers: acquisition of citizenship
60
7. Family environment and alternative care
61
7.1 Supporting families 61
7.2 Education for parenthood in
England and Wales 62
7.3 Education for parenthood in Scotland
62
7.4 Family learning in England and Wales 63
7.5 Family education
- Scotland 64
7.6 Looked after children 64
7.7 Child protection in
England and Wales 65
7.8 The Review of Safeguards for Children Living Away
from Home 66
7.9 Role of the education service in England and Wales in
protecting
children from abuse 68
7.10 Role of the education service
in Scotland in protecting children
from abuse 69
7.11 Protection of
children from violence in the home - Northern Ireland 69
7.12 Physical
punishment of children in the home 70
7.13 Corporal punishment within
childcare 70
7.14 Corporal punishment in Northern Ireland
70
7.15 Safety Review by the Chief Inspector of Social Services
71
7.16 Children in public care 71
7.17 Incidence of care among
children of ethnic minority parents in
England and Wales
72
7.18 Coordination between government departments over children
in
care - views of NGOs 72
7.19 Divorce and separation in England and Wales:
The Family Law
Act 1996 73
7.20 Adoption, fostering and family
proceedings - views of NGOs 75
7.21 Recent legislative measures:
regulations to prohibit the placement
of children with persons who might
put them at risk 76
CONTENTS (continued)
Page
7. Family environment and alternative
care (cont’d)
7.22 Recent legislative measures in
England and Wales: making
information available to adopted children
76
7.23 Intercountry adoption 76
7.24 Nationality consequences of
adoption 79
7.25 Consultation on possible changes in the determination of
paternity
and the parental responsibilities of unmarried fathers
80
7.26 Recovery of maintenance for the child 81
7.27 Hague
Convention on the Civil Aspects of International
Child Abduction
83
7.28 European Convention on Family Matters (Brussels II)
83
7.29 The 1996 Hague Convention 84
7.30 International enforcement
of maintenance orders 84
7.31 Reservation relating to immigration and
nationality 84
8. Basic health and welfare
85
8.1 General policy on child health 85
8.2 The Parliamentary
Select Committee on Health: Reports on
Health Services for Children and
Young People 86
8.3 Child health - views of NGOs 88
8.4 “Our
Healthier Nation” 89
8.5 Health care in Scotland
90
8.6 Towards a Healthier Scotland 91
8.7 Northern Ireland’s
agenda for health and well-being 92
8.8 “Better Health; Better
Wales” 92
8.9 Health of Children in Wales 93
8.10 Health in
Schools in Wales 93
8.11 The National Healthy Schools Award -
“Investors in Health” 94
8.12 Child nutrition
95
8.13 Infant feeding - England and Wales 95
8.14 Breastfeeding -
Scotland 96
8.15 Health inequalities - England and Wales
97
8.16 Young People’s Health Network (YPHN) 98
8.17 The
Patient’s Charter - Health Services for Children and
Young People
98
CONTENTS (continued)
Page
8. Basic health and welfare
(cont’d)
8.18 Measures to prevent HIV/AIDS and other
sexually transmitted
infections (STIs) 99
8.19 Child and Adolescent
Mental Health Services (CAMHS) 100
8.20 Child mental health - views of
NGOs 103
8.21 Reducing the rate of teenage conceptions - England and Wales
104
8.22 Teenage conception rates - Scotland 106
8.23 Programme to
reduce the rate of teenage conceptions -
Scotland 107
8.24 Programme
to reduce the rate of teenage conceptions -
Northern Ireland
107
8.25 Measures to reduce accidental death or injury in childhood
107
8.26 Child road safety - progress since the first United
Kingdom
report 108
8.27 Child road safety - progress on existing
target 109
8.28 Child safety in the Government’s new transport
policy 109
8.29 Cleaner air 110
8.30 Planning - transport and noise
111
8.31 Disabled children - effectiveness of benefits
112
8.32 Report on the rights of disabled children - independent
research
by an NGO 112
8.33 Children with mobility problems
113
8.34 Social Security and childcare services and facilities
114
8.35 The Sure Start programme for children aged 0 to 3
116
8.36 The National Childcare Strategy 116
8.37 Out of school
childcare 117
8.38 Health and housing for Travelling people in England and
Wales 117
8.39 Housing for Travelling people - Northern Ireland
118
9. Education, leisure, cultural activity
118
9.1 Raising standards in schools 118
9.2 Local authority
education development plans in England 119
9.3 Class sizes in England,
Wales and Scotland 119
9.4 The National Literacy and Numeracy Strategies
in
England and Wales 119
9.5 National Literacy and Numeracy Strategy
in Scotland 120
CONTENTS (continued)
Page
9. Education, leisure, cultural
activity (cont’d)
9.6 New professional requirements
for head teachers and teachers
in England and Wales
120
9.7 Specialist Schools in England and Wales 121
9.8 Education
Action Zones in England and Wales 121
9.9 Raising standards in Scottish
schools 122
9.10 New Community Schools in Scotland
122
9.11 Education, leisure and cultural activities in Scotland
123
9.12 Spiritual, moral, social and cultural development and
citizenship
in England and Wales 124
9.13 Spiritual, moral, social
and cultural development and citizenship
in Scotland
127
9.14 Citizenship education, and other developments in the
National
Curriculum - views of NGOs 127
9.15 Personal Learning Plans
- Scotland 128
9.16 Peer Education and Peer Counselling
128
9.17 Improving attendance at school in England
128
9.18 Improving attendance at school in Scotland
129
9.19 Improving attendance at school in Wales 130
9.20 Nursery
education in England and Wales 130
9.21 Pre-school education in Scotland
131
9.22 Access to pre-school education in Northern Ireland
132
9.23 Education and academic attainment of boys
132
9.24 Discrimination in school exclusions - views of NGOs and
the
Government’s response 132
9.25 Children’s right to be
heard with respect to their exclusion from
school - England and Wales
134
9.26 Children’s right to appeal against school exclusion -
Northern Ireland 134
9.27 Exclusions from school in Scotland
134
9.28 Training for work: The New Deal for Young People - views
of
NGOs and the Government’s position 135
9.29 A new Learning Gateway
for 16 and 17-year-olds 137
9.30 Modern Apprenticeships and National
Traineeships 137
9.31 Time for Study or Training Legislation
138
9.32 New Deal for Lone Parents 138
9.33 Bullying in school -
England and Wales 139
9.34 Bullying - Scotland 140
9.35 Teacher
training 140
CONTENTS (continued)
Page
9. Education, leisure, cultural
activity (cont’d)
9.36 Teacher training in Wales
142
9.37 Teacher training in Scotland 142
9.38 The needs of disabled
children - views of NGOs 144
9.39 Government action on the education of
disabled children 145
9.40 Special Educational Needs
145
9.41 Special Educational Needs (Scotland): update
146
9.42 Children belonging to a minority or indigenous group
147
9.43 Development of respect for the natural environment
148
9.44 Welsh language education in Wales 148
9.45 Wales Youth
Agency 148
9.46 Gaelic education in Scotland 149
9.47 Irish medium
education in Northern Ireland 149
9.48 Integrated education in Northern
Ireland 149
9.49 Education for Gypsy and Traveller children in
England
and Wales 150
9.50 Education of Travelling people - Scotland
150
9.51 Traveller education in Northern Ireland 151
9.52 The
National Lottery 151
9.53 The New Opportunities Fund
153
9.54 Children and the arts: funding 153
9.55 Provision of
broadcast programmes for children 155
9.56 Protection of children from
unsuitable broadcast material 155
9.57 Advertising and children
155
9.58 Broadcasting for minorities 156
9.59 The National Endowment
for Science, Technology and
the Arts (NESTA) 156
9.60 Libraries
156
9.61 Museums and galleries 156
9.62 Cadw: Welsh Historic
Monuments 158
9.63 Heritage 158
9.64 Scottish Natural Heritage
159
9.65 Play and sport 160
9.66 Sport in Wales 163
9.67 Sport
in Scotland 163
9.68 The Sporting Ambassadors Scheme 164
9.69 Sport
and regeneration 164
CONTENTS (continued)
Page
10. Special protection measures
165
10.1 Drug misuse 165
10.2 Drugs and health
167
10.3 Drugs: education and employment 168
10.4 Home Office drugs
prevention work 168
10.5 Legislative measures related to drug and alcohol
misuse 169
10.6 Combating drug and alcohol misuse in Wales
171
10.7 Drug education in Scotland 171
10.8 Increase in asylum
applications 172
10.9 Refugee children 172
10.10 Panel of advisers
for unaccompanied refugee children 173
10.11 Welfare of refugee children
173
10.12 Family reunion for refugees 173
10.13 Immigration staff
training for work involving refugee children 174
10.14 The integrated
casework programme for immigration 174
10.15 Detention under immigration
procedures 174
10.16 Benefits for asylumseekers
175
10.17 Immigration and the treatment of refugees - views of NGOs
176
10.18 Child witnesses: England and Wales 176
10.19 Child
witnesses in Northern Ireland 179
10.20 Child Witnesses: Scotland
179
10.21 Police procedures for child witnesses in England and Wales
180
10.22 Privacy: identification of children in court proceedings
180
10.23 Juvenile offenders: summary of developments in England
and
Wales since 1994 180
10.24 New legislation on young offenders in
England and Wales 181
10.25 Reforming the youth court in England and Wales
182
10.26 Statutory time limits in England and Wales 183
10.27 The
Government’s programme for young offenders in
England and Wales
183
10.28 Youth Justice Board for England and Wales 183
10.29 Youth
offending teams 183
10.30 Doli incapx and the drawing of inferences
at trial 184
10.31 Pilot projects for new developments in England and
Wales 185
10.32 Reparation orders 185
10.33 Child safety orders
185
10.34 Parenting Orders 186
10.35 Local child curfews 186
CONTENTS (continued)
Page
10. Special protection measures
(cont’d)
10.36 Final warning scheme 187
10.37 Action
plan orders 187
10.38 Secure training orders 188
10.39 Detention and
training orders 189
10.40 Arrest and detention by the police in England
and Wales 189
10.41 Minor changes in secure accommodation arrangements
in
England and Wales 190
10.42 Secure accommodation in Scotland
190
10.43 Administration of juvenile justice in Northern Ireland
190
10.44 The child safety initiative in Scotland 193
10.45 Prisons
- separation of young offenders 193
10.46 Separation of young offenders -
views of NGOs 194
10.47 Treatment of young offenders while in custody
194
10.48 Detention as a last resort - Scotland 195
10.49 Custody as
a last resort in Northern Ireland 196
10.50 Sexual exploitation and sexual
abuse - further developments in
law and practice 197
10.51 Penalties
for offences against children 198
10.52 Role of the criminal law and the
police service in preventing
the exploitative use of children in
prostitution or other
unlawful sexual practices 198
10.53 Reducing
child prostitution - views of NGOs 201
10.54 The exploitative use of
children in pornographic performances
and materials
201
10.55 Cooperation with NGOs to counter exploitation of children -
the
Internet Watch Foundation 202
10.56 United Kingdom participation
in international agreements 203
10.57 Statistics on sexual abuse of
children 203
10.58 Sale, trafficking and abduction of children
204
10.59 Individuals unsuitable to work with children
205
10.60 Passport policy and child abduction 205
10.61 Current
action to prevent sexual exploitation and sexual abuse
of children in
England and Wales 205
10.62 Research into the abuse of children
206
10.63 Social care initiatives relevant to sexual abuse of children
206
CONTENTS (continued)
Page
10. Special protection measures
(cont’d)
10.64 Protection against sexual exploitation and
abuse in Scotland 207
10.65 Young people in the armed services
207
10.66 Health and safety of children at work 208
10.67 Prevention
of the economic exploitation of children, and control
of child labour
208
10.68 Withdrawal of the United Kingdom reservation relating
to
article 32 209
Figures
1. Overseas adoptions 1993 to 1997 78
2. Infant mortality rates
89
3. Number of teenage infections for England in 1997 100
4. Teenage
conception rates in England 104
5. Road accidents - child casualties in
Great Britain, 1997 109
6. Drugs offences by children in England and Wales
170
7. Drugs offences by children in Scotland 172
8. Offences against
children in England and Wales 227
Annexes
A. Text of the Committee’s observations on the first
United
Kingdom report 220
B. Offences against children of 16 years and under -
1994-1996 227
C. Consultation with children in Scotland
230
D. Inequalities in conception rates below age 16 (England)
232
E. Glossary of abbreviations 234
1. INTRODUCTION
1.1.1 This report has been prepared by the
United Kingdom Government building on the first report submitted in
February 1994[1] and in
accordance with article 44 of the Convention, which requires States parties to
submit reports on the measures they have adopted
which give effect to the rights
recognized in the Convention and on the progress made on the enjoyment of those
rights. Reports
are required within two years of the entry into force of the
Convention for the State party concerned and thereafter every five
years.
1.2 Structure of the report
1.2.1 The report takes full account of the
“general guidelines regarding the form and contents of periodic reports to
be submitted
by States parties under article 44” issued in November 1996
by the Committee on the Rights of the Child.
1.2.2 During the past five
years there have been major developments in government policies in relation to
children, and those changes
are fully reflected in this
report.
1.2.3 Those developments of law and policy affecting children
have served to reinforce the United Kingdom’s compliance with
the
Convention over the past five years. But the timing and content of those
developments have been dictated by the needs identified
within the
United Kingdom, and those needs have not necessarily arisen in a pattern
which follows the structure of the Convention
itself. This presents some
difficulty in providing the United Nations Committee and other readers with a
full account of relevant
policy developments while following the report
structure recommended by the United Nations Committee. Some policy
developments,
especially those which reflect attempts to adopt an increasingly
integrated approach to provision for children, cover aspects of
several
different articles of the Convention, often straddling the chapter structure
which the Committee prefers to adopt. The report
sets out the relevant
developments in the way most likely to give a clear account of their coverage,
but to assist those working
primarily by reference to the text of the Convention
there are cross references where necessary, and references in the margin to
articles which are closely connected with the policy developments which are
described.
1.2.4 This report also adopts a different approach from the
first United Kingdom report in distinguishing material related to the
different
parts of the United Kingdom. There are distinct cultural and traditional
differences between England, Wales, Scotland
and Northern Ireland, which in the
case of Scotland and Northern Ireland extend to significant differences in the
legal systems.
This diversity of practice is underpinned and strengthened by
the creation of the Scottish Parliament, the new Assembly in Northern
Ireland,
and the Welsh Assembly. Because this report coincides so closely with those
important developments, on this occasion the
report includes chapters drawing
particular attention to issues arising in Scotland, Wales and
Northern Ireland. But throughout
the report, frequent use of cross
references will enable the United Nations Committee and other readers to
see how the different
provisions throughout the United Kingdom add up to an
increasingly coherent pattern of provision which is capable of adapting to
local
traditions and needs.
1.3 Main messages from 1994-1995 - principal subjects of concern, and recommendations
1.3.1 The Committee on the Rights of the Child
considered the initial report of the United Kingdom on 24 and 25 January
1995 and issued
its concluding observations in the same month. The text of the
Committee’s observations is at annex A.
1.3.2 Though they made many
positive comments discussed below, the Committee was concerned about the
reservations made to the Convention
by the United Kingdom, discussed
further at section 1.8 below, and whether sufficient consideration had been
given to the establishment
of an independent mechanism for the purposes of
monitoring developments around the implementation of the
Convention.
1.3.3 Other concerns were:
(a) The adequacy of
implementation of economic, social and cultural rights - a general issue dealt
with throughout this report;
(b) The absence of effective safeguards to
prevent ill-treatment of children under emergency legislation in Northern
Ireland;
(c) Apparent insufficiency of measures taken to ensure the
implementation of the general principles of the Convention (that is, articles
2,
3, 6 and 12);
(d) The possible adverse effects on children of the
restrictions applied to unmarried fathers in conveying citizenship to their
children;
(e) The rights of the child to express his/or her opinion in
relation to the possibility for parents in England and Wales to withdraw
their
children from parts of sex education programmes in schools and other decisions,
including exclusion from school;
(f) The numbers of children living in
poverty; the rate of divorce; the number of single parent families and teenage
pregnancies;
the adequacy of benefit allowances and the availability and
effectiveness of family education;
(g) Judicial interpretation of the
present law permitting the reasonable chastisement of children within the family
context;
(h) The administration of the juvenile justice system including
the low age of criminal responsibility;
(i) The ethos of the guidelines
for the administration and establishment of Secure Training Centres in England
and Wales and the
Training Schools in Northern Ireland;
(j) Changes
affecting the right to remain silent, made by the Criminal Evidence (NI)
Order 1988;
(k) The phenomena of children begging and sleeping on
the streets, and the changed regulations regarding benefit entitlement as a
possible contributing factor in the increase of numbers of young homeless
people;
(l) The situation of Gypsy and Traveller children, especially
regarding their access to basic services and the provision of caravan
sites.
1.3.4 Additional information and responses on those points are set
out in the body of the report.
1.3.5 The Committee’s concluding
observations of 1995 on the United Kingdom’s initial report included
the following suggestions
and recommendations:
(a) The
United Kingdom should consider reviewing its reservations to the Convention
with a view to withdrawing them;
(b) The United Kingdom should
consider establishing a national mechanism for the purpose of coordinating the
implementation and monitoring
of the Convention;
(c) Ways and means
should be established to facilitate regular and closer cooperation between the
Government and non-governmental
community, particularly with those
nongovernmental organizations closely involved in monitoring the respect for the
rights of the
child;
(d) The general principles of the Convention,
particularly the provisions of its article 3 relating to the best interests
of the
child, should guide the determination of policymaking at both the central
and local levels of government;
(e) In line with the provisions of
article 42, the United Kingdom should undertake measures to make the
provisions and the principles
of the Convention widely known to adults and
children alike;
(f) Teaching about children’s rights should be
incorporated into the training curricula of professionals working with or for
children;
(g) Greater priority should be given to incorporating the
general principles of the Convention, especially the provisions of its
articles
3 (best interests of the child) and article 12 (child’s right to make
their views known and to have these views given
due weight) in the legislative
and administrative measures and in policies undertaken to implement the rights
of the child;
(h) The United Kingdom should consider the
possibility of establishing further mechanisms to facilitate the participation
of children
in decisions affecting them, including within the family and the
local community.
1.3.6 Progress on a number of these matters is set out
in the report.
1.4 Main messages from 1994-1995 - positive comments
1.4.1 The Committee listed as positive aspects
the implementation of the Children Act in 1991 in England and Wales and the
application
of the Convention to many of the United Kingdom’s
dependent territories. There was also welcome for the initiatives to reduce
the
incidence of Sudden Infant Death Syndrome and to combat bullying in
school.
1.4.2 The Committee was also encouraged by steps taken to address
the issue of sexual abuse and the advocacy and promotion of inter-disciplinary
approaches in this area with the “Working Together” guidance. The
Committee also welcomed the commitment of the Government
to review its
legislation in the area of child labour and to present new legislation in
matters relating to the family, domestic
violence and
disability.
1.4.3 Other positive comments referred to by the Committee
included:
(a) Legislative measures planned in the area of adoption,
including the intention to ratify the 1993 Hague Convention on Protection
of
Children and Co-operation in Respect of Intercountry Adoption;
(b) The
Code of Practice for Children with Special Educational Needs;
(c) The
preparation by local authorities of Children’s Services Plans.
1.5 NGO contributions to the preparation of the report
1.5.1 Consistent with the spirit of partnership
between government and the well-developed sector of non-governmental
organizations
(NGOs) working in this field, this report has taken account of
consultation with NGOs. The Department of Health, which coordinated
preparation
of the report, began this consultation at a launch conference in London in
February 1998, in which a range of NGOs took
part. Preparation of the report,
and the procedures for involving and consulting NGOs and children, were
discussed within an advisory
group which included NGOs - necessarily few in
number, but chosen for the breadth of their contacts with other bodies having an
interest
in the field of children’s rights throughout the United Kingdom.
The responsible departments in Scotland, Wales and Northern
Ireland coordinated
NGO participation within their countries to widen this interest. NGOs were
invited to contribute points which
they wanted to see reflected in the report,
and many did so. NGOs also had some opportunity to comment on an early draft of
the
report before the Government reached final decisions on its content and
coverage.
1.6 Children’s participation in preparation of the report
1.6.1 The degree of participation by children in
the United Kingdom’s first report was very limited. It has been possible
to
expand their contribution, both directly and indirectly, in preparing the
present report.
1.6.2 The whole process of preparing the second report was launched at a
conference in February 1998, opened by the responsible Minister,
and
including a wide range of nongovernmental organizations (NGOs) to underline the
new and more inclusive approach being adopted.
This was further emphasized by
the participation of a group of children, who set out their perception of
children’s rights
in the United Kingdom.
1.6.3 Preparation of the
report was significantly widened on this occasion to include consultation at
local level through NGOs who
were able to reflect in their replies the views of
children with whom they were in touch. This consultation process was handled
separately in England and Wales, Scotland and Northern Ireland, which included
events aimed at drawing out the views of children.
1.6.4. In Scotland,
the Government commissioned Save The Children to undertake a project, entitled
“Our Lives”, to seek
the views of children and young people on some
of the main themes of the United Nations Convention namely health,
education, family
life and protection from harm. The consultation took place
throughout Scotland in the autumn of 1998. As part of this initiative
a
National Conference was held in January 1999 to consult on the findings of Save
the Children Scotland’s discussions with
young people. Young people from
across Scotland together with their teachers and youth workers attended the
conference.
1.6.5. This process, and the much closer involvement of NGOs,
has assisted greatly in broadening the basis of the report. There is
no doubt
room for further development. The degree of partnership between government,
NGOs, and the voluntary sector continues to
grow. It should provide the basis
for closer cooperation and involvement of children by the time that the
United Kingdom’s
next report becomes due.
1.6.6 In that
connection, the United Kingdom Government noted with interest a UNICEF convened
conference in December 1998. It stated
that:
“the reporting process presents an important opportunity for
involvement of children. Indeed, there is growing evidence that
children’s participation is on the increase. Yet, this evolution is
patchy at best, and reaches very few children. In most
cases, they are still
absent at the local, national and international levels when it comes to
evaluating how their rights are promoted
and protected.”
1.6.7 The
United Kingdom Government looks forward to examining the proposals emerging from
this important initiative.
1.7 Recent developments in policies
1.7.1 Since taking office in May 1997,
Government Ministers have announced a series of policy developments of relevance
to the United
Nations Convention on the Rights of the Child agenda. These
are dealt with in more detail in the remainder of the report. They
show how the
United Kingdom Government is committed to implementing changes which will be of
direct benefit to children and which
fully accord with the principles of the
Convention.
1.8 Reservations review
1.8.1 On ratification of the Convention, the
United Kingdom entered a number of reservations. The concluding
observations of the
Committee on the Rights of the Child (January 1995) on
the first United Kingdom report included the following:
“The Committee is concerned about the reservations made to the Convention by the State party. In particular, the Committee is concerned that the reservation relating to the application of the Nationality and Immigration Act does not appear to be compatible with the principles of the Convention, including those of its articles 2, 3, 9 and 10.”
and
“The Committee wishes to encourage the State party to consider
reviewing its reservations to the Convention with a view to
withdrawing them,
particularly in the light of the agreement made in this regard at the World
Conference on Human Rights and incorporated
in its Declaration and Plan of
Action.”
1.8.2 The reservation has been reviewed, with the
following results:
(a) Convention applicable only following a live
birth: This was an interpretative declaration, setting out the
interpretation on the basis of which the Government adopted the Convention.
As
such it does not amount to a reservation representing less than complete
compliance with the Convention, and it is likely to
need to stand
indefinitely.
(b) Interpretation of reference to
“parents”: The comment immediately above applies also in this
case.
(c) Immigration and Citizenship: The position has not
changed. The reasons for needing to retain the reservation, in the particular
circumstances of the United
Kingdom, are set out at section
7.3.1.
(d) Employment legislation for persons under 18: Since
its first report to the United Nations, the United Kingdom has
implemented the European Community Directive on the protection
of young people
at work and on the Organization of Working
Time.[2] These Directives
require EC member States to bring their domestic law into compliance with
standards in relation to the employment
of young people under the age of 18.
The changes to the United Kingdom law came into effect on 1 October 1980.
(e) Procedures governing Children’s Hearings in Scotland:
This reservation was rendered unnecessary by the implementation of the Children
(Scotland) Act 1995, and was withdrawn on 18 April
1997.
1.9 Government responsibility for the report
1.9.1 The Government of the United Kingdom
records its gratitude to the many NGOs who have contributed to the preparation
of this
report. They have had a considerable influence on its content, and the
Government hope that many of them will see their points reflected
in it. But
the report as submitted to the United Nations must, under the terms of the
Convention, be a report by the Government
of the United Kingdom. The
Government does not expect NGOs to share responsibility for the report, or to be
bound by its content.
Responsibility for this report rests exclusively with the
Government.
2. SCOTLAND
Articles 3, 5, 18, 19, 20, 23, 24, 25
2.1.1 Scotland has a
separate legal system and in many areas has distinct legislative provisions.
Relevant differences between the
law of Scotland and other parts of the
United Kingdom are explained elsewhere in this report, but since the United
Kingdom’s
first report there has been one major item of legislation which
is summarized in this chapter, and which has wide effects on the
treatment of
children in Scotland.
2.1.2 The United Kingdom’s first report
recognized the significant contribution that the Children Act 1989 made to the
development
of childcare law in England and Wales, and noted that proposals for
change in law and policy in Scotland had been published and awaited
the
necessary Parliamentary time. The lengthy process of both developing proposals
for change and securing Parliamentary time provided
a valuable opportunity to
consult widely on those proposals and amend them in light of comments received
from interested parties.
By the time the Children (Scotland) Bill was
introduced to Parliament in 1994, its underlying principles and general
proposals had
already been well debated by those affected by and with an
interest in its provisions. The bringing together of the main private
and
public childcare law provisions into a single piece of legislation for the first
time in Scotland was, to a large extent, a recognition
of the broad measure of
support for a unified Act which existed in Scotland from both NGOs and statutory
organizations.
2.1.3 The Bill’s passage through the Parliamentary
process was also significant, in that it was the first Bill to use new
procedures
for the taking of evidence from expert witnesses before proceeding to
debate the Bill’s provisions. This new procedure engendered
a spirit of
all-party cooperation and as a result a significant number of important
amendments were made to the Bill. Among others,
the definition of “child
in need” was made more child-centred indicating a positive duty on local
authorities to promote
the welfare of children in need in their area. Also, the
arrangements for the exclusion of a suspected abuser from the family home
were
amended to include an interim exclusion order which takes immediate effect.
Equally significant, a process of dialogue with
NGOs was maintained through the
process which generated informed discussion on the Bill’s provisions both
inside and outside
the debating chambers.
2.2 Principles of the Children (Scotland) Act 1995
2.2.1 The Children (Scotland) Act
1995[3] marks a significant
stage in the development of legislation on the care of children in Scotland.
Centred on the needs of children
and their families, it defines parental
responsibilities and rights in relation to children. It sets out the duties and
powers available
to public authorities to support children and their families
and to intervene when the child’s welfare requires it. For the
first time
in Scottish law, public and private law provisions have been brought
together.
2.2.2 Prior to the 1995 Act, only parental rights were
recognized in statute, and public childcare legislation was largely focused on
the service providers rather than the children
using the services. The Children
(Scotland) Act 1995 is clearly centred on the needs of the children themselves,
with the responsibilities,
rights and duties of others being focused on meeting
those needs. This overarching principle, that each child has a right to be
treated as an individual, is at the core of the legislative and policy
developments which have taken place since the Act’s
implementation. This
appears to be in accordance with the theme which runs throughout the
Convention.
2.2.3 In addition, a number of other principles were central
to the development of the new procedures:
(a) Each child who can form
his or her views on matters affecting him or her has the right to express those
views if he or she so
wishes (reflecting articles 12 and 13 of the Convention
and the Committee’s suggestions made in response to the first
report);
(b) Parents should normally be responsible for the upbringing
of their children and should share that responsibility (reflecting
art.
9);
(c) Each child has the right to protection from all forms of abuse,
neglect or exploitation (reflecting art. 19);
(d) In decisions relating
to protection, the child should remain in the family home where that is in his
or her best interests (art.
9); and
(e) Any intervention by a public
authority in the life of a child should be properly justified and should be
supported by services
from all relevant agencies working in collaboration (art.
20).
2.2.4 In recognition of these principles, three main themes run
through the 1995 Act:
(a) The child’s views should be taken into
account where major decisions are to be made about his or her future;
(b) No court should make an order relating to a child and no
Children’s Hearing should make a supervision requirement unless
the court
or hearing considers that to do so would be better for the child than making no
order or supervision requirement at all;
and
(c) The welfare of the
child is the paramount consideration in any decision being made about the child
by courts and Children’s
Hearings.
2.2.5 The last of three builds
on the Committee’s suggestions in respect to the first report that article
3 should be given
due weight in legislation. The new provisions promote the
welfare of children to a high level, equal to that required in adoption
proceedings. The fact that this welfare test applies to children who have
committed offences as well as those who are in need of
protection is an
important step in recognizing that children’s difficulties can be tackled
by addressing their needs. In the
interests of public safety, provision is made
to derogate from the paramountcy principle where necessary to protect members of
the
public from serious harm. The Government believes this to be a necessary
safeguard and consistent with its obligations to adults
and other children under
this and other conventions.
2.3 Main changes
Articles 5, 9, 12, 18
2.3.1 The Act
introduces a number of significant new provisions designed to enhance the
standing of children in Scotland. Part I
of the Act deals with the private law
provisions and for the first time in United Kingdom legislation set out the
responsibilities
and rights of parents in relation to their children.
2.4 Parental responsibilities
2.4.1 A parent has
responsibility:
(a) To safeguard and promote the child’s health,
development and welfare;
(b) To provide direction and guidance, in a
manner appropriate to the stage of development of the child;
(c) If the
child is not living with the parent, to maintain personal relations and direct
contact with the child on a regular basis;
and
(d) To act as the
child’s legal representative.
2.4.2 The above responsibilities are
to be fulfilled only insofar as is practicable and in the interests of the
child. In addition,
all except the responsibility to provide guidance exist
until the child reaches the age of 16 years. The responsibility to provide
guidance exists until the child is 18 years of age.
2.5 Parental rights
Articles 5, 9, 12, 18
2.5.1 To enable parents
to fulfil their parental responsibilities, certain rights are conferred in
relation to the child, as follows:
(a) To have the child living with him
or her, or otherwise to regulate the child’s residence;
(b) To
control, direct or guide, in a manner appropriate to the stage of development of
the child, the child’s upbringing;
(c) If the child is not living
with the parent, to maintain personal relations and direct contact with the
child on a regular basis;
and
(d) To act as the child’s legal
representative.
2.5.2 Those parental rights exist until the child reaches
the age of 16 years.
2.5.3 Other important new provisions in family law
are:
(a) A new agreement under which an unmarried father can obtain
parental responsibilities and rights with the consent of the child’s
mother and without having to petition the Court.
(b) A duty on parents
and the court to seek the views of children who will be affected by major
decisions;
(c) An expectation that parents will take joint control in
the raising of their children, even after separation or
divorce;
(d) Replacing of the parental rights of custody and access with
child centred orders of residence and contact;
(e) A duty on the court
not to make any order unless in considers it would be better for the child to do
so than not to do so; and
(f) New provisions for guardianship and the
administration of children’s property.
2.5.4 Section 7.25 of this
report refers to developments in England and Wales related to parental
responsibilities and rights of unmarried
fathers. Those developments do not
apply in Scotland, but the Scottish Office is seeking views on whether similar
changes should
be made to the law in Scotland as part of current consultation on
Scottish family law and divorce. The consultation paper Improving Scottish
Family Law was issued in March 1999.
2.6 Child Welfare Hearing
Articles 5, 18, 12
2.6.1 The aim of the
child welfare hearing was to introduce an early hearing in any civil case
involving an application to the court
in relation to a child under section 11 of
the 1995 Act. This hearing which takes place within a matter of a few weeks of
the commencement
of a case is designed to be held in informal conditions with
the parents and, if possible, the child present. The purpose of the
hearing is
to enable the court to take a view firstly as to the real issues
and secondly as to whether the court needs to intervene
and if the latter
to try to effect a settlement.
2.6.2 Supplementary to this has been the
introduction of procedures refining earlier attempts to involve children in the
process and
to secure and indication of whether they wish to give their views.
In the first place, all children above infancy are served with
a specially
prepared form which indicates the situation and invites them to say whether they
wish to give a view. This form was
prepared after very careful discussion with
interested parties representing children, and had been the subject of
consultation with
various children and young people.
2.6.3 Children,
therefore, are involved in the process and can instruct their own solicitor
receiving legal aid for the purpose or
can be represented by a curator ad
litem if they are too young; or they can indicate that they wish to express
a view in some other manner through a social worker or a teacher
or a person
whom they know and trust.
2.6.4 Once the view of the child is
communicated to the court the court can consider whether or not the view remains
confidential.
2.7 Mediation in Scotland
2.7.1 The courts in Scotland have a power to
refer to mediation any case involving parentchild relationships at any stage of
the case.
Thus, in the sheriff court, the child welfare hearing could be a
stage at which such a referral is made.
2.7.2 Mediation services are
provided by Family Mediation Scotland which has a network of local mediation
services coordinated from
Edinburgh. These services specialize in mediation in
issues relating to children and have been established for several years. The
techniques which they use are particularly adapted to seeking to achieve
responsibility on the part of parents for the continuation
of their
relationships with their children and are therefore ideal for the philosophy
behind Part I of the Children (Scotland) Act
1995.
2.7.3 Other mediation
services are provided by solicitors under the general collective title of
Comprehensive Accredited Lawyer Mediator.
These mediators will deal with
mediation in relation to children along with other issues notably concerning
finances and property.
2.7.4 In Scotland there has been for many years a tradition of negotiation in
relation to marital breakdown. This is assisted by
the fact that agreements
between divorcing couples can be registered for execution in the public
registers and so avoid the need
for court intervention. It is the general
policy of those involved in family law in Scotland to seek to encourage a
negotiation
culture and to move away from an adversarial culture. In this,
mediation has a very important role.
2.8 Public law provisions
Articles 9, 19, 25, 27
2.8.1 The Children
(Scotland) Act 1995 replaced most of the provisions relating to the operation of
public childcare law in Scotland.
This section reports on some of the main
changes made in support of the principles of the Convention and provides brief
comments
on other significant changes.
2.9 Young offenders and the children’s hearings system
Article 40
2.9.1 The
Children (Scotland) Act 1995 carried forward the Children’s Hearings
System as the core of Scotland’s public
law provisions and strengthened
its role in order to promote the interests of children referred to it. The
principle underlying
the system is that children, whether they have been
referred for care or protection or whether they have offended, have common needs
for protection, guidance, treatment or control, although the extent to which
these needs are unmet will vary from child to child.
2.9.2 A
Children’s Hearing is not a judicial body. It comprises three volunteer
members of the child’s community who
consider whether a child might
be in need of compulsory measures of supervision, and if so, the nature of the
supervision which would
best meet the needs of the child. Supervision
requirements last up to one year and can be extended on review if that is in the
child’s
interests. A prime focus of the Hearing is the resolution of the
child’s needs in a family context. Children’s Hearings
are
relatively informal in nature and allow the parties parents, children
and social workers - to discuss both the reasons why problems
have arisen
and how they might be resolved. In order to ensure compliance with the
European Convention on Human Rights, all hearings
decisions can be appealed
to a judicial body which may consider the matter de
novo.
2.9.3 The Local Government (Scotland) Act 1994 established the
Scottish Children’s Reporter Administration (SCRA) and the office of the
Principal Reporter. The SCRA formally
came into operation as a national
service on 1 April 1996. In practice, the SCRA brings the
Children’s Reporter service together
under a single management
structure to facilitate the coherent operation of the service and delivers
consistent national practice
and training.
2.9.4 Being essentially focused on resolution of difficulties within the
family, certain matters falling outside this remit are dealt
with by the Courts
- adoption, for example. The Courts also deal with more serious offences. The
document Review of Adoption Law
in Scotland recognized that the same child could
be subject to parallel, but distinct consideration of their welfare needs as a
result
of this separation and proposed a greater role for Children’s
Hearings in such circumstances. The Children (Scotland) Act
1995 therefore
introduced provision for Children’s Hearings to give advice to the Courts
where such matters were being considered,
ensuring that the consideration by one
forum is informed by the view of the other. Early indications are that such
advice is being
well received and valued by the Courts.
2.9.5 Another
interface which has been improved is that of long term planning for the
child’s future. The responsibility for
such matters falls in the first
instance to the responsible local authority, but this issue cannot be considered
in isolation from
the shorter term decisions of the Children’s Hearing.
New provisions now ensure that, where long term plans are being considered,
the
Children’s Hearings are made aware of them and are in a position to give
advice to the local authority. All these changes
are designed to place the
child at the centre of the process, and to ensure so far as is possible that all
agencies and bodies involved
with the child share a common understanding of the
child’s needs.
2.9.6 The Scottish Office continues to finance
several pilot projects which aim to address and, over time, reduce juvenile
offending
through targeted interventions. Four projects, led by voluntary
sector organizations and encompassing multi-agency working, are
at different
stages of development. Each project is subject to independent evaluation to
assist wider discussion and debate on what
measures work in addressing youth
offending behaviour.
2.9.7 The Barnardos Freagarrach project is based in
the Central region of Scotland; the APEX Que Ten and SACRO Offenders’
Mediation
projects are based in the Fife region. All are well established.
Through targeted and intensive programmes of intervention, the
projects work
with persistent young offenders from within the 10 to 16 year age group. Each
aims to tackle offending behaviour and
its underlying causes through individual
programmes which are more intensive than currently available to the
Children’s Hearings
system. Each project has separate but related goals
for participants. Work with offenders entails addressing motivational problems,
providing work experience, and developing educational and cognitive skills,
social counselling and aspects of mediation and reparation
involving
victims.
2.9.8 A very recent and innovate project to receive Government
funding targets children in the 8-14 year age group and aims to deliver
packages of support measures to children identified to be at risk of potential
future offending. Based in Central region and involving
multi-agency working,
the project is being managed by Barnardos. The projects will aim to identify
known risk indicators which can
lead to future offending behaviour and to
develop a multi-faceted approach which works with the children and their
families to reduce
these indicators through seeking to enhance protective
factors.
2.10 Safeguarders
Articles 3, 12
2.10.1 Safeguarders are
independent people who can be appointed by Children’s Hearings and
Sheriffs to represent the child’s
best interests in the proceedings.
Before the introduction of the 1995 Act, safeguarders were only appointed
when there was a conflict
of interest between the child and the parents. Now,
however, the Act requires that every Children’s Hearing and the Sheriff
must consider in all situations whether the appointment of a safeguarder is
appropriate.
2.11 Young offenders and the age of criminal responsibility
Article 40
2.11.1 One of the main
criticisms made by the United Nations Committee in this area on consideration of
the first United Kingdom report
was in relation to the age of criminal
responsibility. Although Scotland has a low age of criminal responsibility (8
years), the
vast majority of Scottish children who offend are dealt with through
the Children’s Hearings system. Children under 16 years
are only
considered for prosecution in court for serious offences such as murder and
rape; and even in such instances it is not automatic
that prosecution will
occur. Children in these categories can be referred to the Principal Reporter
who has the statutory responsibility
to decide whether to refer cases to a
Children’s Hearing. During 1996 just over 28,000 children were
referred to a Children’s
Hearing on offence grounds. In the same
year only 47 children under 16 years were sentenced to detention by
criminal courts.
2.11.2 A National Planning Group for care and education
services for young people with behavioural problems, including offending,
was
set up in 1997. It is exploring, among other things, the means by which the
admission of persons under 17 years to prison could
be minimized. This forum is
a good example of a partnership between Government, statutory and voluntary
agencies to plan strategically
for the needs of vulnerable young people. The
Group published its report in May 1999, and it will be for the new Scottish
Parliament
to decide how these issues are to be dealt with in the
future.
2.11.3 The Children (Scotland) Act 1995 improved the way in which
courts can deal with young offenders. Where children are prosecuted
in court,
the court may now refer their case to a Children’s Hearing for advice on
the best method of dealing with them, and
the court on receipt of that advice,
or in certain cases without seeking advice first, may remit the child’s
case for disposal
by a Children’s Hearing.
2.12 Reservation to article 37 and the children’s hearings system
Article 37
2.12.1 The
Committee’s concluding observations on the first report welcomed the
United Kingdom’s intention to consider
withdrawing the reservation it
made to article 37 of the Convention as it related to procedures governing
the Children’s Hearings
in
Scotland.[4]
The reservation was rendered unnecessary by the Children (Scotland) Act
1995, and was withdrawn on 18 April 1997. Section 51 of the
Act now provides
that where a child is deprived of his or her liberty by being kept in a place of
safety under a warrant by the Children’s
Hearing, an appeal to the Sheriff
in respect of the issue of the warrant by the Children’s Hearing must be
disposed of within
three days of the lodging of the appeal; and failing such
disposal the warrant shall cease to have effect at the end of that period.
In
addition, there is an appeal from the Sheriff’s decision to that of the
Sheriff Principal. There is therefore prompt access
to a local court and a
local appellate court with access to legal representation and legal aid. These
appeals may be made immediately
by the children involved and/or their parents
and both the Sheriff and the Sheriff Principal can overturn the lower decisions
without
having to refer the case back, either to the hearing or to the
Sheriff.
2.12.2 This more comprehensive and direct system of appeals to a
Court than that which previously existed allows access to legal aid
and
representation. These appeal courts are also local courts which again eases the
process for those involved. The maximum time
a child may be kept in interim
care, before an appeal to the Court must be heard, is three days (essentially
over a weekend).
2.13 Children’s Services Plans
Articles 18, 20, 24, 25
2.13.1 There is now a
new obligation on local authorities to produce a plan for the provision of
relevant services for children.
These plans are designed to ensure that the
services being provided locally reflect the needs of children and young people
likely
to use them, and are delivered in an integrated manner. One of the main
aims of children’s services plans is the contribution
they can make to the
coordination of services between departments within a local authority, between
different local authorities and
with a wide range of other organizations and
agencies involved in children’s services. These include Health Boards and
NHS
Trusts, voluntary organizations, Reporters to the Children’s Panel,
children’s panel representatives and housing agencies,
thus ensuring that
such plans are informed by the needs and views of the voluntary and statutory
organizations active in the community.
2.13.2 Equally significant, local
authorities are required to consult voluntary organizations which represent the
interests of persons
who use or are likely to use the services. This means that
the views of children’s representative organizations will be full
taken
into account in the formulation of plans.
2.13.3 In April 1998 The
Scottish Office completed a review of the first round of Children’s
Services Plans produced by local
authorities.
2.13.4 One of the main
areas of strength in the plans was that different departments and agencies
collaborated in their production.
Some local authorities set up strategic
planning groups to take the work forward with representatives of all relevant
departments
and agencies. The purpose of these planning groups is seen by local
authorities as promoting an integrated
provision of services. Many of the plans showed extensive consultation with
user and providers of services, and a number importantly
underlined not only
that the local authority had consulted, but had also acted upon comments
received and proposed to continue to
take account of views and involve users and
providers in the review process.
2.13.5 The content of the plans provide
a sound foundation on which further improvements in children’s services
can be based.
2.14 Care plans
Article 25
2.14.1 All children who
are looked after by a local authority, whether they are with foster carers, in a
residential establishment,
or at home subject to a supervision requirement, must
now have a care plan and regular reviews of their case at intervals set out
in
statute. Children being looked after by local authorities have experienced in
the past, a lack of direction in tackling the reasons
which led to them leaving
their family homes in the first place. Plans are intended to provide a focus
for all those involved in
caring for a child, so that everyone, including the
child, knows what is being worked towards and what their individual role is in
day-to-day care. Children being looked after by local authorities, particularly
those living away from home, are seen significantly
to under-achieve
educationally compared to children who do not need social work support. The
Government recognizes this position
to be unsatisfactory and wishes to promote
educational standards of such children to a level comparable with other
children. This
is an area which will be addressed in the forthcoming
consultation exercise on the development of a Strategic Framework for
Children’s
Services.
2.14.2 The Arrangements to Look After Children
(Scotland) Regulations 1996[5]
set out the processes involved in drawing up care plans. When making any care
plan, wherever the child has to live, a local authority
should consider a number
of issues, including alternative courses of action, whether a change in the
child’s legal status should
be sought, and arrangements which need to be
made for the time when the child is no longer looked after. An additional set
of considerations
apply when the local authority places a child with alternative
carers or in a residential home, including the issue of contact between
child
and parents. These plans must also identify a child’s health and
education needs, and must set out what is to be done
to address those needs by
all relevant parties, including the child, parents and local authority. The
Regulations set out a clear
timetable for reviewing the care plans of all
children who are looked after. Where a child is looked after by a local
authority
and placed away from home, a first review has to take place within six
weeks, a second review must happen within three months of
the first and
subsequent reviews are to be held at intervals of no more than six months. The
review timetable for children who remain
at home is a first review within three
months and subsequent reviews within six months from the date of the previous
review.
2.14.3 Although care plans are legally a local authority planning
mechanism, parents and children are fully involved in the planning
process.
Local authorities are obliged to take the views of both parents and children on
the proposed plan, and guidance emphasizes
that
attendance by children and parents at reviews of the plan is to be
encouraged. Although the provisions are relatively new, early
indications are
that a significant number of children are taking an active part in the planning
for their care and education.
2.14.4 To complement these changes, a pilot
system concerned to improve the planning and review process for children and
young people
who are looked after was launched in 1997. The Looking After
Children materials, which were developed over a number of years in
England and
Wales, aim to improve the parenting experience of children looked after by local
authorities. They set an agenda for
good care by identifying the experiences,
concerns and expectations of children at different ages. They also aim to
further the
development of outcome planning and measurement in social work
practice. After positive results in the pilot, the majority of local
authorities intend to start implementing the scheme proper in 1999.
2.15 Services and support for children
Articles 5, 9, 12, 18, 25
2.15.1 Part II of the
Children (Scotland) Act 1995 introduces duties and powers for safeguarding and
promoting children’s welfare.
Under that Part, local authorities are
required to safeguard and promote the welfare of children in need and so far as
is consistent
with that duty to promote their upbringing by their families by
providing appropriate services. A child is considered to be in need
if:
(a) He or she is unlikely to achieve or maintain, or to have the
opportunity of maintaining, a reasonable standard of health or development
unless services are provided for him or her;
(b) His or her health or
development is likely significantly to be impaired, or further impaired unless
services are provided;
(c) He or she is disabled; or
(d) He or
she is affected adversely by the disability of any other person in his or
her family.
2.15.2 The Government issued guidance on the range and
delivery of services and support that local authorities and NGOs may provide
for
children in need, including disabled children, emphasizing the need to involve
children and families in planning and reviewing
services they receive with a
view to making these accessible and accountable to children and their
families.
2.16 Aftercare
Article 20
2.16.1 The Government
recognizes that the transition to living independently can be difficult and
unsettling for young people, particularly
those who were previously looked after
by a local authority. There is ample evidence to suggest that they are
over-represented in
the number of young people who are homeless. Part of the
difficulty is providing a flexible level of support to meet the variety
of needs
of this transitional age group of 16 to 21 year olds. For some young people
with a history of social work involvement there
is a great temptation for them
to break all ties with the statutory authorities at the earliest opportunity.
Many such young people
find themselves without the necessary skills or support
to live independently. Planning for independence is therefore started early,
and the Act imposes a new specific duty on local authorities to provide advice
and assistance to prepare a child for the time when
he or she ceases to be
looked after by a local authority.
2.16.2 At the point where the young
person leaves the local authority, the 1995 Act strengthens previous provisions
by placing local
authorities under a duty to advise, guide and assist any person
over school age but not yet 19 years who at the time he or she ceased
to be of
school age was looked after by a local authority. Local authorities also have a
new power to provide such assistance up
to age 21, and beyond to complete a
course of education. They may provide grants towards expenses of education and
training and
make contributions to accommodation and
maintenance.
2.16.3 In recognition that not all vulnerable young people
will previously have been looked after by the local authority, the Act
contains
a new power to allow local authorities to provide accommodation for young people
aged 16 to 21 where their welfare requires
it, whether or not they were
previously involved with the local authority.
2.16.4 The Act now provides
a sufficiently flexible legislative base to allow support to all young people in
need of assistance up
to the age of 21. The Government recognizes that
aftercare support is an area which has not been given high priority in the past,
and intends promoting the innovative development of a range of support services
building on the flexibility provided for in the legislation.
2.17 Children and disability
Articles 23, 24
2.17.11 The Children
(Scotland) Act 1995 introduced specific provision for disabled children and
those affected by disabilities.
Under the Act local authority services for
children “in need” must be designed to minimize the effects of their
disabilities
and give disabled children the chance to lead as normal a life as
possible. Where a child is disabled, chronically sick or mentally
ill, or where
someone else in the family is disabled, the local authority must carry out this
assessment of the child’s and
the family’s needs where requested to
do so by the child’s parent or guardian. The 1995 Act also places a
specific duty
on local authorities to publish information about the services
they provide for disabled children.
2.17.2 The local authority on being
requested to do so must also carry out an assessment of the ability of a
disabled child’s
carer to care for the child.
2.18 Refuges for young people
Articles 19, 39
2.18.1 Before the
introduction of the Children (Scotland) Act 1995 it was an offence to provide a
child, who had absconded from residential
care, with accommodation. The 1995
Act allows for an important exception to this. Local authorities and authorized
independent
persons may now provide short-term refuges, either in residential
homes or in the community, for children at risk of harm who run
away from home
or their carers and who request refuge. These refuges will provide vulnerable
young people with a safe place to stay
for a short period, and information and
advice to help them to decide what to do next.
2.19 Children in hospitals and nursing homes
Articles 24, 12
2.19.1 The 1995 Act
also introduces a new provision where a child who is accommodated in a health
establishment has had, or is likely
to have, no parental contact for three
months or more. Those circumstances must be notified to the local authority
which then has
to consider whether the child’s welfare needs are being
adequately met.
2.20 Child protection in Scotland
Articles 19, 39
2.20.1 The Children
(Scotland) Act 1995 made important changes for the protection of children at
risk, introducing three new court
orders, which may be granted by a Sheriff,
designed to protect children from harm or the risk of harm:
(a) The
child protection order allows anyone to apply to the Court for an order to
remove the child from home. The Court may make
such an order if it is satisfied
that there are reasonable grounds to believe that the child is suffering
significant harm because
of ill-treatment or neglect or will suffer such harm if
he or she is not removed to, or allowed to remain in, a place of safety.
The
child protection order is firmly focused on the needs of the child but contains
a much higher test for removal of the child
from home than its predecessor.
Both the parents and the child have an early opportunity to have the order set
aside or varied by
the Court and such an application has to be determined within
three working days.
(b) The exclusion order is a new measure in the
development of child protection procedures. It is designed to reduce disruption
and distress to children who may have already suffered physical or mental abuse.
It can be obtained from the Sheriff on broadly the
same criteria as a child
protection order. If granted, the order requires the person to whom the harm
(or potential harm) is attributed
to leave the family home or not to visit it,
if living elsewhere. It is therefore an alternative to removing the child from
the
security of his or her home under a child protection order and is a major
step in reflecting the principles of article 9. Exclusion
may be authorized on
an emergency basis but, as in the case of a child protection order, provision is
made for early review of the
order by the Court.
(c) If there is good reason
to suspect that a child may be suffering harm and parents refuse to allow the
child to be seen in order
to resolve those suspicions, a Court can make a child
assessment order which gives the local authority the right to see and assess
the
child, or arrange for the child to be assessed by other professionals, such as a
doctor or psychiatrist. The order may last
for up to seven days and will not
normally require the child to reside away from his or her family unless this is
necessary for the
purposes of the assessment.
2.20.2 Where a Sheriff is
not available and there is a need to act urgently, a Justice of the Peace may
authorize the removal and
keeping of a child in a place of safety in certain
circumstances.
2.21 Adoption
Article 21
2.21.1 The Review of
Adoption Law in Scotland concluded that adoption legislation and practice in
Scotland were essentially sound,
but a number of significant changes were made
through the Children (Scotland) Act 1995 to improve its operation. One major
change
was to introduce timescales within which adoption applications contested
by the birth parents must be brought before the Court for
resolution.
Previously there was a tendency to delay such applications being made. This had
the effect of creating a care planning
hiatus and extending the uncertainty for
the child. Such delay also acted against the interests of the birth parents,
whose claim
to have the child returned to them was undermined by the passage of
time. The new timetabling arrangements require an application
to be brought to
the Court for resolution within a period of six months. The Court is now under
a corresponding obligation to draw
up a timetable for the resolution of the
application without undue delay.
2.21.2 A further change to the
legislation means that it is now possible for an adoption order to be made
in relation to an 18-year-old
provided the application was made before the
child’s 18th birthday.
2.21.3 A new provision has also
been introduced to ensure that a Children’s Hearing involved with a child
is able to give advice
to a Court on an adoption application. The interface
between the jurisdictions of the hearings and the Court was one which was
rightly
criticized in the past, with the two forums making decisions in relation
to the child without having the benefit of knowing the views
of the other.
Early indications are that the Court is finding the views of the
Children’s Hearing on the needs of the child
a valuable addition to its
consideration of an adoption application.
2.21.4 Prior to the 1995 Act,
older children for whom adoption was not a suitable form of alternative
long-term care would either
remain in the Children’s Hearings system and
have their supervision extended annually, or have their parental rights assumed
by the local authority. With this latter provision the parental rights and
powers were vested in the local authority following an
administrative
resolution. This meant that parents could lose their rights without having the
right to challenge that decision in
court. The need for such an important step
to be made within a court-based setting has been widely recognized in recent
years and
this particular provision has
now been replaced in the Children (Scotland) Act 1995 by the parental
responsibilities order - which local authorities can apply for
through the
Court. On the granting of the order all the parental responsibilities and
rights transfer to the local authority. The
grounds for granting the order
are:
(a) That the parent is not known;
(b) Cannot be
found;
(c) Is incapable of giving agreement;
(d) Is withholding
agreement unreasonably;
(e) Has persistently failed, without reasonable
cause, to fulfil parental responsibilities; or
(f) Has seriously
mistreated the child.
2.21.5 These grounds are the same as those for
adoption.
2.21.6 Where a child is freed for adoption and the parental
responsibilities transferred to the local authority pending the making
of an
adoption order, the law has now been amended to ensure that parenthood remains
with the birth parents until that title is removed
by the subsequent adoption.
These changes to the law recognize an important distinction between the
child’s right to have
parents and the quite separate issue of the exercise
of parental responsibilities.
2.22 Other relevant provisions
2.22.1 The examples above provide an overview of
the main areas of change introduced by the 1995 Act since the first report
was made.
Other significant changes are:
(a) In making a decision about
a child looked after by them, the local authority must have regard to the
child’s religious
persuasion, racial origin, and cultural and linguistic
background;[6]
(b) Clarification
of the position of children who would wish to instruct their own counsel. The
Age of Legal Capacity (Scotland)
Act
1991[7] had left some doubt
about this. Consequently, the 1991 Act was amended to make it clear that a
person under the age of 16 years
has legal capacity to instruct a solicitor in
connection with any civil matter, if that person has a general understanding of
what
it means to do so. A person aged 12 years or more is presumed to have such
an understanding. It is made clear that a person under
the age of 16 years can
apply for legal aid;
(c) In making arrangements for the medical examination and treatment of
children, the child’s consent must be obtained where
the child has
“requisite capacity” in terms of section 2 (4) of the Age of
Legal Capacity (Scotland) Act 1991. Nothing
in the 1995 Act can override that
consent.
2.23 Publications
2.23.1 In order to keep local authorities and
professionals working in childcare informed about the implementation of the
Children
(Scotland) Act a free Newsletter has been issued on a regular
basis. The Newsletter is a source of information on a number of aspects
of
implementation including training initiatives, regulations, rules and guidance,
publications on the Act, legal development, local
initiatives and good
practice.
2.23.2 Guidance issued to local authorities and other agencies
on implementation of the Act also sets out the Government’s
expectations
about how children and young people receiving support from public
agencies or looked after, will be informed, consulted and involved
in
decisionmaking
generally.[8]
2.23.3 A
series of public information leaflets have also been produced for children and
families covering various aspects of the Children
(Scotland) Act 1995, including
the Children’s Hearings system and child protection. A children’s
guide has also been
published on the family law provisions of the Act. Entitled
You Matter,[9] this booklet
explains to children and young people how the changes in the law relating to
parental responsibilities and rights affect
them. It also explains the new
court rules and procedures and shows how children and young people will be able
to put forward their
views to the court if they want to. Various groups of
children were consulted in the preparation of these public information leaflets
which are all designed in a friendly and accessible manner. A parents’
booklet, entitled Your Children
Matter,[10] was published in
October 1998. This is in line with the recommendation made by the Committee in
the first report. The booklet informs
parents about their responsibilities and
rights under the family law provisions of the Act.
2.23.4 Both booklets
may be obtained from The Scottish Office.
2.24 Homelessness and rough sleeping in Scotland
Articles 26, 27
2.24.1 Extra
resources of around £300 million are being made available over the
three years 19992002 for housing in Scotland,
which will help to
improve housing conditions for households including children among others.
Homelessness continues to be a national
housing priority, and
homelessness among young people is being tackled by improving their rights
to accommodation, and the introduction
of a Rough Sleepers
Initiative including projects specifically aimed at young
people.
2.24.2 The Rough Sleepers Initiative was introduced in 1997 to
fund action by local authorities and other statutory and voluntary
bodies at
local level to help rough sleepers, many of whom are young people. The
initiative lays emphasis on an integrated approach
by all relevant agencies,
such as housing, health, social care and police. £16 million has been made
available over the years
1997-2000, which has been allocated to 21 local
authorities. Projects assisted include some specifically targeted at young
people.
Examples include direct access accommodation for young men whose
behaviour has meant them being refused entry by existing direct
access
accommodation and direct access accommodation for young women. A further
£14 million has been made available for 2000-2001
and 2001-2002.
Ministers recently issued a Rough Sleepers Initiative consultation paper for
comment and the future direction of
the initiative will depend upon the outcome
of that consultation.
2.24.3 A new Scottish Code of Guidance on
Homelessness[11] came into
force on 1 December 1997. By statute local authorities must have
regard to the Code in exercising their functions under
the homelessness
legislation in Part II of the Housing (Scotland) Act 1987. The Code
improves the rights of homeless children and young people by including many
of them in groups who should be regarded as
being in priority need under
the homelessness legislation and hence entitled to accommodation if
unintentionally homeless, for example
under 18s, and those at risk of sexual or
financial exploitation. Young people under 21 years previously in local
authority care
at school leaving age or later, who are at a high risk both
of becoming homeless and of being damaged by homelessness because of
the
problems which led to them entering care, became a statutory homelessness
priority group on 1 January 1998 under the Homeless
Persons (Priority
Need) (Scotland) Order
1998.[12] Households
containing dependent children are already a statutory homelessness priority
group. More generally, the Code encourages
local authorities always to seek to
minimize the risk of homelessness recurring, including the provision of
permanent accommodation
with security of tenure, and any support services
required.
2.24.4 The Code gives good practice guidance on how the
Children (Scotland) Act 1995 and homelessness legislation can be used together
to help homeless young people, and prevent homelessness recurring.
2.25 Subsequent developments in children’s rights in Scotland
2.25.1 As a practical demonstration of the
Government’s commitment to young people in Scotland a Minister for
Children’s
Issues was appointed in July 1997. In its comments on the
first report the Committee suggested that the general principles of the
Convention, particularly the provisions of its article 3 relating to the best
interests of the child, should guide the determination
of policy-making at both
central and local levels. With that in mind, the first task of the Minister is
to ensure that all areas
of The Scottish Office fully consider the effect that
their policies will have on children.
2.25.2 A Child Strategy Statement
which stresses the importance of the United Nations Convention has been produced
which reminds all
Scottish Office Departments of the need to identify and take
proper account of the interests of children when developing policy.
The
document was the subject of consultation and it received widespread support. It
was recognized that the Child Strategy Statement,
whilst intended primarily for
application in The Scottish Office, was equally applicable to local authorities
and voluntary organizations
dealing with children’s issues. For that
reason, the Statement was given a wide distribution throughout Scottish local
authorities
and NGOs.
2.26 The Children’s Issues Unit of The Scottish Office
2.26.1 A Children’s Issues Unit has also
been set up within The Scottish Office to ensure that children’s issues
involving
more than one policy area are properly coordinated. The Unit was
responsible for coordinating The Scottish Office contribution to
this Report.
As well as liaison with other Scottish Office Departments, this coordinating
role also required working closely with
NGOs to ensure that their views on the
report were heard. To this end the Unit funded a conference, organized by the
Scottish Alliance
for Children’s Rights (SACR), an umbrella organization
for NGOs with an interest in children’s issues in Scotland, to
take their
views. The Conference was well received and the comments of delegates were fed
into The Scottish Office contribution
to the report.
2.26.2 In
recognition of the importance of taking the views of children, The
Children’s Issues Unit commissioned the Our Lives
Project. This was a
Scotland-wide consultation exercise which gathered the views of young people in
relation to children’s
rights. The project was carried out by Save the
Children Scotland and was jointly funded by both parties. The Our Lives
consultation
process reflected the principle of article 12 - the right of young
people to be listened to in matters which affect them.
2.26.3 Over a
three month period Save the Children consulted 43 groups of children and young
people (326 in total), between the ages
of 12 years and 18 years, from 20 local
authorities, representing schools and youth groups from urban and rural Scotland
and a wide
spectrum of interest groups. The groups of young people were invited
to discuss one of five themes: education, family life, health,
protection from
harm and participation; and their views were sought on how successful the
implementation of the United Nations Convention
on the Rights of the Child has
been so far in Scotland. Findings were gathered from audio recordings of
structured and facilitated
discussions and group exercises. Further details of
this consultation exercise are set out in annex C.
2.27 Government of Scotland Act 1998
2.27.1 The Scotland Act 1998 provided for the
establishment of a Scottish Parliament. The Parliament assumed its full powers
on 1
July. By virtue of the Scotland Act, the Scottish Parliament has control
over Scotland’s domestic affairs e.g. health, education,
local government,
law and order, etc. Westminster retains powers over matters which affect the
whole of the United Kingdom e.g.
United Kingdom constitution, foreign affairs,
defence policy and economic and monetary policy. The Westminster Parliament
remains
sovereign.
2.27.2 The Scottish Executive is very much committed
to young people and is keen to give them every encouragement and opportunity
to
make their voices heard. An inaugural meeting of the Youth Parliament took
place on 30 June. The aim of the Youth Parliament
is to provide a voice for
young people on issues that affect them and is a channel of communication to the
Scottish Parliament.
3. NORTHERN IRELAND
3.1.1 This chapter summarizes some of the most
important items of legislation relevant to the Convention which have been
introduced
in Northern Ireland since the United Kingdom’s
first report. Where necessary, the impact of these developments is
explained
in more detail in other chapters of this report, to illustrate
relevant differences in the law and practice of Northern Ireland and
other
parts of the United Kingdom.
3.2 The Children (NI) Order 1995
Articles 3, 5, 18, 19, 20, 23, 24, 25
3.2.1 Since the United
Kingdom’s first report, the Children (NI) Order
1995[13] has been made and
its main provisions have been in operation since November 1996. This Order
reformed and consolidated for Northern
Ireland most of the public and private
law relating to children, along the lines of the Children Act 1989 in England
and Wales.
Many of its fundamental principles, such as the welfare principle
and the non-intervention principle, serve to reinforce the application
of the
Convention in Northern Ireland. The Order’s operation is kept under
review by the Children Order Advisory Committee
which was set up to monitor the
workings of the court related aspects of the Order. The Committee reports to
the Lord Chancellor
and the Secretary of State for Northern Ireland. The
Department of Health and Social Services, in consultation with the Lord
Chancellor,
the Department of Education and the Department of Finance and
Personnel, is also required to produce an annual general report on
the
implementation of the Children Order.
3.2.2 The Children Order, which
applies to non-criminal cases, includes a wide range of measures designed to
promote the welfare of
children. For example, there is now a clear legal
requirement for courts to make the welfare of the child the paramount
consideration
when making any decision concerning the upbringing of a
child.
3.2.3 The Children Order contains a number of provisions designed
to ensure that the wishes and feelings of the child are taken into
account when
decisions are being made about his or her future. In addition, there is a
requirement for a guardian ad litem, in effect an independent social
worker representing the interests of the child, to be appointed in most public
law cases involving
children. The Northern Ireland Guardian ad Litem Agency has
been established to manage a panel of suitably qualified persons who
may be
appointed as guardians ad litem by the courts.
3.3 The Children’s Law Centre
3.3.1 The need for the voice of the child to be
heard has been further recognized by the formation of the Children’s Law
Centre
in September 1997. This is a voluntary organization which receives
financial support from the Department of Health and Social Services
to develop a
range of advisory services, including a free-phone help line to children,
parents and carers. It is intended that the
Children’s Law Centre will
work in partnership with other services to offer information, advice, education,
training, advocacy
and commentary about the law and children’s rights in
Northern Ireland.
3.4 Children’s Services Plans in Northern Ireland
3.4.1 The impetus for the development of
Children’s Services Plans stems from the commencement of the Children (NI)
Order 1995.
A major component of the Order is the requirement on Health and
Social Services Boards to assess the extent of need for services
in their areas
and to provide an appropriate range and level of personal social services to
meet that assessed need.
3.4.2 On 23 July 1998, the Department of Health
and Social Services exercised its powers under article 18 (4) of the Children
Order
to place a mandatory requirement on Health and Social Services Boards to
plan children’s services, to consult with a wide range
of statutory and
voluntary agencies and to publish the resulting plans. The first
Children’s Services Plans have now been
produced and cover the period
1999-2002. They will be reviewed and rolled forward each year, with a full
review every three years.
3.4.3 Guidance on the development of
Children’s Services Plans was issued jointly by the Department
of Health and Social Services,
the Department of Education and the
Northern Ireland Office in July 1998. The guidance encourages Health and
Social Services Boards,
who have legal responsibility for producing the plans,
to reflect local circumstances and engage a wide range of organizations and
individuals in the planning process. As part of the process of consultation,
each Health and Social Services Board has established
an Area Children and Young
People’s Committee. The Committee is chaired by the Director of Social
Services and membership
comprises representatives from health and social
services, education and library boards, the probation service, the police and
the
voluntary sector.
3.4.4 The development of the Children’s
Services Plans reflects the priority given by the three government departments
to ensuring
that the provision of services to children who are assessed to be in
need are fully coordinated at the planning and service delivery
levels.
3.5 The Family Homes and Domestic Violence (NI) Order 1998
Articles 19, 27, 39
3.5.1 The Family
Homes and Domestic Violence (NI) Order
1998,[14] which is due to
come into effect in spring 1999, is amongst the strongest pieces of legislation
directed against domestic violence
in Europe and the Commonwealth, it also
contains a number of provisions which will significantly improve the level of
protection
afforded to children. In particular, two important amendments are
made to the Children Order - see section 7.11 below.
3.5.2 In addition, a
Family Law Systems Working Group, chaired by a senior High Court Judge and
consisting of senior policy-makers
and practitioners in the family law area, has
been established to examine the delivery of family law in its widest context in
Northern
Ireland. The Group will look at the systems, structures and processes
in this area, including those established by the Children
(NI) Order, to ensure
that they are operating as efficiently as possible.
3.6 Respect for views of children
Article 12
3.6.1 The Family
Homes and Domestic Violence (NI) Order 1998 contains a provision which, when
brought into operation, will allow regulations
to be made specifying
circumstances in which children may be separately represented under the Order.
This reflects a parallel provision
in the corresponding legislation for England
and Wales. However, under Rule 6.6 of the Family Proceedings Rules (NI)
1996, procedures
are already in place to allow for separate representation of
children in any family proceedings, where it appears to the court that
this
ought to be the case.
3.7 Juvenile justice
Article 40
3.7.1 The Criminal
justice (NI) Order 1996[15]
and the Criminal Justice (Children) (NI)
Order 1998[16]
introduced a number of measures which have had a significant impact on the
administration of juvenile justice in Northern Ireland.
3.7.2 The
Criminal Justice (NI) Order 1996 established the two key criteria that may
justify a custodial sentence - “the seriousness
of the offence” and
the “protection of the public”. The court must be satisfied that
the offence, or the combination
of the offence and one or more associated
offences, is so serious that a custodial sentence is justified. If the offence
is of a
violent or sexual nature, the court must be of the opinion that only a
custodial sentence would be adequate to protect the public
from serious harm
from the offender. The court is obliged to state openly why it is of the
opinion that the criteria apply, and
to explain the reasons for the custodial
sentence.
3.7.3 The Order provides for offenders, including those who are
children, who are dependent on or who misuse drugs or alcohol, to
be required as
an additional requirement of a probation order to undergo treatment for their
condition where it is associated with
the offending behaviour.
3.7.4 The
major changes made by the Criminal Justice (Children) (NI) Order 1998
were:
(a) To require courts, when dealing with children, to have regard
to the prejudicial effect on the child’s welfare of any
delay;
(b) To require a court to release a child on bail except where
the protection of the public and the seriousness of the offence or
persistency
of offending mean that a remand is necessary;
(c) The introduction of
the juvenile justice centre order, replacing the training school order as the
main custodial sentence available
to the court for those under 17 years. The
order is for a determinate period of six months unless the court specifies a
longer period
not exceeding
two years. Where a court makes a juvenile justice centre order for a period
longer than six months, it is required to state its reasons
in open court.
The new order provides that time spent on remand in custody will count in full
to reduce the custodial element of
the sentence, which should further reduce the
average period of detention in a juvenile justice centre;
(d) It amends
the Police and Criminal Evidence (NI) Order
1989[17] to allow
magistrates’ courts to admit children’s evidence in chief by video
recording.
3.7.5 These provisions are discussed in more detail in section
10.41.
3.8 The law on illegitimacy in Northern Ireland
Article 8
3.8.1. The Children
(NI) Order 1995 has now reformed the law on illegitimacy in
Northern Ireland to remove most of the disadvantages
associated with birth
outside marriage. A general principle of statutory construction, that
relationships between two persons will
be taken without regard to whether or not
a person’s parents were married to each other at a particular time, has
been introduced.
Any discriminations regarding succession or property rights
are removed so that an illegitimate child can inherit the property of
his or her
more remote relations. Unmarried fathers have been given the means to obtain
parental status (or parental responsibility)
in respect of their children,
either by court order or by agreement with the mother. The full range of
financial and property orders
is made available for the benefit of children of
unmarried parents.
3.9 Parental responsibility in Northern Ireland
Articles 9, 18
3.9.1 The Children
(NI) Order 1995 amended the Guardianship of Infants Act 1886 so that in Northern
Ireland married parents now have
equal parental responsibility. Where parents
are unmarried, the mother alone will have parental responsibility but it will be
open
to the father to acquire parental responsibility either by agreement with
the mother or by court order. A forthcoming consultation
exercise will discuss
the issue of whether it should be easier for unmarried fathers to acquire
parental responsibility subject to
any necessary safeguards.
3.10 Fair employment in Northern Ireland
Article 2
3.10.1 At the time of
the passing of the Fair Employment (Northern Ireland) Act 1989
there was an undertaking given that the effect
of that Act would be
reviewed after five years. In November 1994 the Standing Advisory Commission on
Human Rights (SACHR) were asked
to carry forward that review and their report
Employment Equality: Building for the
Future[18] was published
on 26 June 1997. The report made a wide range of recommendations on Government
policies towards fair employment and unemployment, including the persistent
problem of the long-term unemployed, among whom Catholics
are disproportionately
represented. The report found, however, that the 1989 legislation has had a
positive impact on employment
equality. In terms of the potential
implications for children the proposals for changes to policies and procedures
in the fields
of education, training and the Government initiatives on Targeting
Social Need (TSN) and Policy Appraisal and Fair Treatment (PAFT)
are the most
relevant.
3.10.2 The Government gave the SACHR report very thorough
consideration and published its response, in the form of a White Paper,
Partnership for
Equality,[19] on 11 March
1998. In regard to the PAFT initiative the White Paper put forward proposals
for consultation to replace the existing
PAFT guidelines, which were introduced
on 1 January 1994, with a new statutory framework. The proposals would place a
statutory
obligation on public bodies (including District Councils and United
Kingdom Departments operating in Northern Ireland) to ensure
that, consistent
with their other responsibilities, their functions were carried out with due
regard to the need to promote equality
of opportunity in those groups covered by
the current PAFT guidelines. Those are:
(a) People of different
religious beliefs or political opinions;
(b) People of different
gender;
(c) Married and unmarried people;
(d) People with or
without dependants;
(e) People within different ethnic
groups;
(f) People with or without a disability;
(g) People of
different ages; and
(h) People of different sexual
orientation.
3.10.3 In order to oversee the above obligations it is
proposed that a new Equality Commission be established which will take over
the
functions now exercised by the Fair Employment Commission for Northern Ireland,
the Equal Opportunity Commission for Northern
Ireland, the Commission
for Racial Equality for Northern Ireland and the Disability Council for
Northern Ireland.
3.10.4 These proposals were subject to a
consultation exercise which ended on 12 June 1998. Having taken careful account
of the responses
received and either made changes to meet reservations that were
expressed or clarified what was intended, the Secretary of State
announced in
Parliament on 10 July 1998 her intention to create a unified Equality
Commission and to impose a statutory requirement
on the public sector to
promote equality of opportunity. This was included in the Northern Ireland
Act 1998 which received Royal
Assent in November 1998.
3.10.5 The White
Paper set out plans for a new, more effective Targeting Social Need (TSN)
initiative, combined with measures to promote
social inclusion. New TSN will
continue to be based on objective need, but with a particular focus on measures
to combat unemployment
and enhance employability. Other departmental programmes
will target people and areas in need and key inequalities such as health,
housing and education, all of which have implications for children. Under New
TSN Northern Ireland will establish a Promoting Social
Inclusion (PSI)
initiative which will seek to tackle the long-term causes of exclusion and will
emphasize prevention.
3.11 Housing matters in Northern Ireland
Articles 26, 27
3.11.1 The Housing
(NI) Order 1988 sets out the duties of the Northern Ireland Housing Executive.
Where necessary, the NI Housing
Executive secures immediate temporary
accommodation for applicants who are homeless, in priority need and not
intentionally homeless.
This includes people with families, young persons at
risk of sexual or financial exploitation, single parents and other vulnerable
members of society. Such accommodation is provided either in one of the Housing
Executive’s own hostels or in a private sector
“bed and
breakfast” establishment. Applicants are usually allocated a secure
tenancy within two months, depending on
their area of choice.
3.11.2 The
NI Housing Executive provides advice and assistance to other homeless people in
their attempts to find accommodation and
helps to fund a number of voluntary
bodies which operate hostels for young people. The NI Housing Executive, in
partnership with
the voluntary sector, has an effective strategy for dealing
with homelessness, which is less of a problem in Northern Ireland than
in some
parts of the United Kingdom. The most common reason for homelessness given by
applicants has been a breakdown in sharing
arrangements with family, friends or
partners (some 30 per cent of cases). There is also evidence that around 40 per
cent of hostel
residents in Belfast have some form of mental health
problem.
3.11.3 In taking measures to tackle violence against women, the
Department of the Environment also funds housing for women with special
needs,
including women with children. Five years ago the Department, in consultation
with the Women’s Aid Federation, undertook
to make additional resources
available to increase provision for vulnerable women and children. Over the
five-year period housing
association provision for this group has more than
trebled from just over 100 places to 367, with a further 80 places under
construction.
Plans are in hand for further provision of almost 150 new places
by March 2002.
3.12 Children’s involvement in human rights issues in Northern Ireland
Articles 12, 42
3.12.1 The School of
Education at the University of Ulster completed a study of young peoples’
understanding of human rights
in Northern Ireland. The results of this study
were published.[20] The
research formed part of a wider Commonwealth study involving 915 pupils
from 23 schools in Botswana, India, Northern Ireland and Zimbabwe. The
results from the international study were published by the
United Kingdom
Department for International
Development.[21]
3.12.2 The
Northern Ireland report indicated that whereas pupils at ages 14 and 16 had some
understanding of human rights principles
in relation to specific issues, they
had no coherent, integrated understanding of human rights concepts and the
majority (93.5 per
cent) were not aware of the United Nations Convention on the
Rights of the Child.
3.12.3 The Northern Ireland report also contained a
human rights audit of the Northern Ireland curriculum and interviews with
pupils,
teachers and education advisers. These sections suggest that human
rights education is not well integrated into the Northern Ireland
curriculum and
that pupils and teachers alike would welcome a more explicit focus for such work
within the curriculum. In this respect,
as part of an overall review of the
statutory curriculum, the Northern Ireland Council for Curriculum, Examinations
and Assessment
is examining how the broad concept of citizenship and education
for democracy can be addressed within the curriculum. Approval has
been given
for the introduction of a pilot programme in schools from September 1999 and
CCEA will evaluate this programme before
making any proposals for
change.
4. WALES
4.1.1 This chapter summarizes recent
legislative and administrative changes specific to Wales and relevant to
children’s services.
It refers to action being taken to further
strengthen the safeguards for children in public care, and to protect children
at risk
of harm or neglect. It also illustrates the practical steps that have
been taken in Wales to make sure that children and young people
have been able
to express their views on a range of issues that concern them.
4.1.2 For
the most part, the position on particular services for children and young people
is broadly the same as in England. Distinctive
arrangements in Wales are
highlighted in the appropriate chapters of this report.
4.2 Welsh Language Act 1993
Article 2
4.2.1 This
Act established the principle that, in the conduct of public business and the
administration of justice in Wales, the English
and Welsh languages should be
treated on the basis of equality.
4.2.2 The Act promotes the development
and use of the Welsh language. It established the Welsh Language Board, one of
whose activities
is to grant aid organizations concerned with the promotion of
the language. The Board has invested about £550,000 annually
in the Welsh
nursery school organization, Mudiad Ysgolion Meithrin, and about £250,000
in the Welsh youth organization Urdd
Gobaith Cymru. (See also paragraph
9.36.)
4.3 Local Government (Wales) Act 1994
4.3.1 This Act established 22 unitary local
authorities which from April 1996 replaced the 8 Country Councils and
37 District Council
in Wales. These new unitary authorities are responsible for
delivering all local government services, including education, leisure
and
social services, to the people in their areas, including children and young
people.
4.4 Government of Wales Act 1998
4.4.1 The Government of Wales Act established a
National Assembly for Wales, elected for the first time in May 1999. From July
1999
the Assembly took over most of the responsibilities and functions of the
Secretary of State for Wales and the financing of most public
services in Wales.
The Assembly will operate within the framework of primary legislation enacted by
the United Kingdom Parliament
and has substantial scope for the enactment of
secondary legislation distinctive to Wales.
4.5 Minister for Children in Wales
4.5.1 In 1997, the Government designated one of
the Ministers at the Welsh Office as Minister for Children in Wales. The Welsh
Office
subsequently adopted an objective for children of promoting their social
development and protecting them from abuse or neglect, improving
their health
and well-being; and raising their standards of educational achievement. In
support of this objective, a Departmental
Committee on Children’s Issues
was established in 1997 with the job of improving effectiveness of policy
coordination on children’s
issues and promoting a coherent structure of
children’s services across Wales. Following the election of the Assembly,
an
Assembly Cabinet post has been designated with special responsibility for
children’s issues.
4.6 Strategic approach to children’s services
4.6.1 The Government is committed to the
development of a strategic approach to children’s services in Wales, as
set out in
the Social Services White Paper for Wales “Building for the
Future”,[22] published
in March 1999. The strategy will aim to set out clear objectives and principles
for the development and delivery of all
services for children in Wales. It will
take note of the United Nations Convention on the Rights of the Child, and
related European
Union commitments to child welfare and will provide context for
the development of all services for children. In advance of the
strategy a
number of initiatives are being taken forward in health, social services and
education.
4.6.2 The Children
First[2] programme
in Wales was announced in April 1999, broadly along the lines of the Quality
Protects initiative announced by the Department of Health. The Children
First programme aims to modernize public services for children in need,
particularly for children looked after. It will focus on outcomes
for children,
taking account of the views of children themselves and their parents. As part
of the programme, local authority elected
members have been reminded of their
corporate parental responsibilities for children in the care of their
authorities. Five million
pounds has been made available to begin
implementation of the programme in 1999-2000.
4.6.3 Also in April 1999, the
Welsh Office announced details of the Sure Start programme in Wales,
designed to increase opportunities
for- very young children and their families,
especially in more deprived areas and to help give those children the best
possible
start in life. Twenty-five million pounds has been allocated to
this programme over the next three years. A further £25 million
over
the same period is being used to establish a Children and Youth Partnership
Fund. This will promote local initiatives which
will lift youngsters’
educational achievement, engage them in creative activities in their communities
and encourage them away
from crime, drugs, vandalism and truancy.
4.7 Children’s Services Planning in Wales
Articles 4,5, 9, 16, 19, 20, 39
4.7.1 The Welsh
Office issued guidance to local authorities in Wales in 1993 on Accommodating
Children - A Review of Children’s Homes in
Wales.[2] This advised
authorities that their plans for residential childcare facilities should form
part of an integrated strategy for children
within each
authority.
4.7.2 In 1994, local authorities in Wales were
advised[2] that they should
prepare comprehensive plans for children’s services. In April 1996, that
guidance was strengthened and made
mandatory.
4.7.3 The introduction and
development of Children’s Services Plans in Wales has been widely welcomed
and accepted. This is
the key mechanism for ensuring that all agencies work
together in planning for and providing support for children in need. The
effectiveness
of the arrangements is monitored by the Social Services
Inspectorate, Wales.
4.7.4 The plans produced by local authorities for
1996-1997 were analysed by consultants on behalf of the Welsh Office. A report
of this work was published in
1997.[2] The analysis has
helped inform the preparation of revised plans and has provided a baseline from
which to monitor progress in planning
for children’s
services.
4.7.5 In September 1998, the Welsh Local Government Association
(WLGA) launched its report. Developing a Strategy for Children in Need in
Wales - The Local Government
Role.[2] The
document, which takes account of the views of many organizations in Wales
representing the interests of children, brings together the key local
authority
responses to children in need. It identifies the main issues for the future
from the local government perspective, taking
as its principal standpoint the
requirements of the Children Act 1989 and the United Nations Convention on the
Rights of the Child.
4.7.6 Proposals for consultation on ways to bring
together the various separate requirements for children’s services
planning
were made in the Social Services White Paper for Wales. The aim is to
establish ground rules for unified children’s services
plans, with a view
to introducing integrated planning from April 2001.
4.8 Children in public care in Wales
Article 20
4.8.1 Following the
convictions for child abuse of some former members of staff at children’s
homes in the North Wales area,
the Secretary of State for Wales decided in April
1995 to appoint a barrister to review the papers held by the North Wales Police
and what were then the Country Councils of Clwyd and Gwynedd. Her conclusion
and recommendation was that no public inquiry was necessary,
but that there were
concerns about the adequacy of the local authorities’ procedures in
certain respects.
4.8.2 Subsequently a team of experts, the North Wales
Child Care Examination Team, was appointed in January 1996 to examine the
childcare
procedures in the two North Wales countries and the arrangements
planned by their successor authorities (April 1996). The Team reported
in June
1996.[2] Their
recommendations embraced many aspects of the work involved in ensuring effective
delivery of services for children. These
covered strategic planning, child
protection, childcare planning, residential care, foster care, management,
inspection and children’s
rights. Local authorities throughout Wales were
asked to implement those recommendations applicable to them and a Development
Fund
of £500,000 was allocated by the Welsh Office to support authorities
in doing this.
4.8.3 In response to continuing public concern, the
Secretary of State for Wales decided in June 1996 that a full inquiry should be
held into widespread allegations of abuse in the childcare system in North
Wales. Under the Tribunals (Evidence) Act 1921, Sir Ronald
Waterhouse
(a retired High Court judge) was appointed, together with two assessors, to
conduct a full judicial inquiry into allegations
of abuse at children’s
homes in North Wales since the mid-1970s. The North Wales Child Abuse Tribunal
(NWCAT) heard evidence
between January 1997 and March 1998. The
Tribunal’s report to the Government is awaited and the Government will
respond as
soon as practicable to the Tribunal’s findings.
4.8.4 By
the time that the NWCAT was substantively engaged in taking evidence, good
progress had been made by local authorities in
implementing the recommendations
of the North Wales Child Care Examination Team. However, in the light of
the evidence submitted
to the NWCAT and the recommendations made in Sir William
Utting’s report People Like
Us,[2] it was
evident that more remained to be done. The Welsh Office therefore established a
“Looked-after Children Development
Fund” and made available
£880,000 to support local authorities in Wales in 1998-1999. This was
aimed at further improving
local procedures and good practice in providing
services for children in public care in Wales.
4.8.5 The report of the
North Wales Child Care Examination Team on childcare procedures in North Wales
recommended an increase in
the staff of Social Services Inspectorate, Wales
(SSIW) to provide more effective advice to Ministers and local authorities on
children’s
services in Wales. The Children’s Development Unit
within SSIW has since been strengthened to help support a programme of
work for
the development of children’s services by new unitary local authorities in
Wales. In addition, the Inspectorate’s
capacity for inspection and
advisory services has been strengthened by the appointment of four
officers.
4.8.6 The Welsh Office has established an inter-disciplinary
group including social services, health and education interests to spearhead
work to improve the quality of life and outcomes for children in public care in
Wales.
4.9 Child protection in Wales
Articles 9, 18, 19, 39
4.9.1 Social Services Departments across Wales have been striving to address wider child protection issues and ensure that front line social services recognize the signs of abuse or neglect and act upon them without delay. Collaborative working between all the agencies involved is crucial to the success of child protection policies and local authorities, health authorities, schools, the police and the voluntary sector continue to work actively together to secure the safety of all children. The guidance on Area Child Protection Committees (ACPCs), Working Together, has been extensively reviewed over the last year. Revised guidance is expected to be issued later in 1999. The Assembly will continue to work with ACPCs, and all the agencies involved in them, to ensure that child protection procedures are kept under continual review and that they remain robust, appropriate and effective.
4.9.2 The Assembly has retained the standing Child
Protection Committee established within the Department by the Welsh Office. The
key function of the Committee is to analyse the reports of local inter-agency
reviews of child protection cases causing concern and
to identify and
disseminate best practice issues to all the agencies concerned in child
protection. A specific grant has been made
available annually to local
authorities to assist the development of interagency working in child
protection.
4.10 Childcare strategy for Wales
Article 28
4.10.1 The Out of School Childcare Initiative
which started in Wales in 1993 saw about 4,200 new out of school
childcare places created
in three years. Since 1995, the Welsh Office has
also funded the development of a childcare initiative to improve facilities for
children under five. The initiative sought to involve employers in provision of
childcare for their employees’ children in
an attempt to retain and
recruit parents, particularly women.
4.10.2 Welsh Office funding for Chwarae
Teg (Fair Play - an equal opportunities organization) has assisted them to
conduct two audits
of childcare provision in Wales: one in 1992 and one
in 1996. Chwarae Teg has also helped to set up a Wales Childcare Database,
which parents can use at Libraries and Job Centres to find out about the
childcare services available locally.
4.10.3 In June 1998 the Minister for
Children in Wales launched a Green Paper A Childcare Strategy for
Wales.[3]
The Strategy is part of a United Kingdom-wide framework of Government
initiatives, including family-friendly employment, welfare
reform and help with
the costs of childcare for working families. In addition to existing and
enhanced Welsh Office programmes,
an additional £1.51 million was made available in
1998-1999 together with a similar level of funding in 1999-2000, to support
infrastructure developments to pave the way for implementing the Strategy in
Wales.
4.10.4 The Strategy is being taken forward at local level by local
childcare partnerships coordinated by local authorities. Staring
in 1999 for a
period of three years, substantial resources will be available from the National
Lottery New Opportunities Fund to
set up new out of school childcare places in
Wales.
4.10.5 The
emerging strategic approach to children’s services will encourage
childcare and early years developments to be linked
effectively with other
relevant programmes operating in Wales including the Strategic Development
Scheme and Welsh Capital Challenge,
and the People in Communities. Sure Start
and other programmes designed to improve the quality of life for children and
their families
by promoting social inclusion.
4.11 Support for Child and Family Services Grant Scheme
Articles 24, 26, 27
4.11.1 Since 1991
this scheme has helped to cover the core costs of a number of children’s
voluntary bodies in Wales and thereby
enabled those organizations to promote the
interests of children more generally. For example, at present, it helps to fund
Children
in Wales, the national umbrella body promoting children’s
interests in Wales, Childline (Wales), which runs a helpline for
children;
Voices from Care, representing the interests of children in the public care
system; and the Wales Pre-School Playgroups
Association, whose members provide
pre-school education and care for children under five.
4.11.2 The scheme
also assists projects that deliver services to children in need. Examples
include:
(a) The Access for Black Children with Disabilities (ABCD)
projects in Cardiff to help children have access to appropriate health
services;
(b) The Children’s Society’s Advocacy Unit which
operates in South Wales and provides independent representation and
advocacy
services for children looked after by local authorities;
(c) Young
carers projects in Carmarthenshire, Merthyr Tydfil and Flintshire;
(d) A
project in Wrexham to provide therapeutic treatment for children who have
suffered sexual abuse; and
(e) A community child-minding scheme in
Powys;
(f) The grant scheme has responded to emerging priorities. In 1999-2000,
these were identified as promoting services for children
with disabilities and
Advocacy services for children looked after by local authorities. In line with
these priorities, £108,000
was made available for six new projects to
provide services for disabled children and £120,000 for four Advocacy
projects (including
the National Youth Advocacy Services independent advice
service for children looked after in North Wales, and Childline’s Children
in Care helpline).
4.12 Publicity and research about the rights of the child
Article 42
4.12.1 In July 1994,
the Welsh Office published a leaflet in Welsh about the United Nations
Convention on the Rights of the Child.
4.12.2 The Welsh Office
commissioned a research study, undertaken over six months in the later part of
1998, on the extent and efficacy
of existing advocacy services for looked-after
children in Wales.
4.12.3 The International Centre for Childhood Studies
at the University of Wales (Swansea), recently published Children and
Decision Making.[3] This
is a summary of the Centre’s research study of children’s
participation on decisions about their care during the
time when they are looked
after by local authorities. Copies of the report have been made available by
the Social Services Inspectorate,
Wales, as part of their development programme
to help those working with looked-after children. The Assembly is funding the
development
of a training pack for use of these materials to promote active
participation of children in making decisions on their care.
4.13 Opportunities for children and young people to express their views in Wales
4.13.1 Development funding made available by
the Welsh Office in recent years has stimulated a wide-range of initiatives
across Wales
to enable children and young people to express their views about
policies which affect them. These initiatives have involved both
local
authorities working in partnership with voluntary sector organizations and work
instigated by the voluntary sector itself.
4.13.2 Children and young
people have primarily been able to express their views through consultation
processes or through participatory
conferences at both national and local level.
Examples include:
4.13.3 ALL-WALES
(a) Children in Wales:
conference in May 1998 about the 50th anniversary of the Children Act 1948.
Participants included 30 children
and young people aged 8-17, representing
groups from across Wales.
(b) Contribution to the Utting Safeguards
Review: representatives of children “looked after” expressed their
views directly
to Sir William Utting and his team as a contribution to the
Safeguards Review.
(c) Children and Young People and the National Assembly:
50 children and young people from across Wales attended each of two events
in
September 1997 and September 1998 at which they were able to discuss their views
with policy makers.
(d) Voices From Care: as a self-help organization
for children “looked after”, Voices From Care regularly consults its
membership and feeds back the results of those consultations to policy makers in
central and local government.
4.13.4 LOCAL/REGIONAL GENERAL
CONSULTATIONS
(a) Anglesey Youth Forum Consultation: a one day
consultation was held in March 1998 on issues facing children and young
people
in Ynys Mon (Isle of Anglesey) and the potential development of a forum
of young people. Thirty young people aged between 13 and
18 took part from
across Ynys Mon.
(b) National Society for the Prevention of Cruelty to
Children (NSPCC): consultations with seven groups of children and young people
connected to NSPCC projects around Wales were held between April and June 1998.
The purpose of the consultation was to look at how
the voice of young people
could be influential in the work of NSPCC Wales. Thirty-five children and young
people aged between 12
and 18 took part.
(c) Right On - Cardiff Youth
Network: consultation took place between September and December 1998 with young
people aged between
13 and 18 on a Cardiff housing estate looking at issues
affecting social exclusion as part of an initiative with Save The Children
Fund,
Centrepoint, Pilotlight and Demos. Ten young people took
part.
(d) Aberaeron Young People’s Association: a large
consultation was undertaken in November 1997 with children and young people
living in Aberaeron and the surrounding area in Ceredigion looking at issues
broadly affecting young people. The consultation was
completed via
questionnaires with children and young people aged 11-17.
(e) Dynamix:
approximately 60 children and young people aged 6 to 18 took part in an outreach
consultation with children and young
people on a large housing estate in
Swansea. The consultation focused on the needs of young people in the local
community and was
mainly conducted through interviews on the
street.
(f) Consulting children and young people in Merthyr Tydfil:
group consultations and a one-day conference looking at health service,
social
services, play and leisure, education and housing were organized as part of the
process of developing the Children’s
Services Plan for Merthyr Tydfil and
this was facilitated by the Children’s Society. The activities were held
over 1997-1998
and 75 children and young people took part in the
conference.
(g) Ynys Mon (Isle of Anglesey) Children’s Services
Plan: views of children and young people were sought by the local authority
in
developing the Children’s Service Plan for Ynys Mon. It involved a focus
group of children and young people from across
the island and a forum for other
young people from each school.
(h) Denbighshire Youth Strategy: a
consultation was undertaken with young people in Denbighshire to identify their
needs as part
of the development of a youth strategy for the county.
4.14 Rough sleeping in Wales
Articles 24, 26, 27
4.14.1 The Assembly
will be reviewing advice given to local authorities to make clear that young
people who have been in the care
of a local authority are deemed to be
vulnerable and thus classified as in priority need under section 19 of the
Housing Act 1996.
It will also be considering whether further action is needed
to ensure these young people receive the services and support that
they
need.
4.14.2 The Assembly will also be devising a strategic programme to
address the problems of rough sleepers. The project will include
a review of
the relationship between local authorities’ housing and social services
departments and the guidance and support
on housing given to young people
leaving care.
5. GENERAL PRINCIPLES AND GENERAL
MEASURES OF
IMPLEMENTATION
This chapter
covers articles:
2 Discrimination
3 Action and decisions affecting children to be undertaken in the best
interest
of the child
4 Commitment to
implement
6 Right to life
12 Right
to express a view and to be heard
42 Obligation to
promulgate provisions of Convention
44 Reporting
obligations
5.1 Harmonizing national law and policy with the provisions of the Convention
Article 4
5.1.1 The Human
Rights Act received Royal Assent on 9 November 1998. It will give further
effect in United Kingdom law to the rights
and freedoms contained in the
European Convention on Human Rights (the European Convention). Many of the
articles in the European
Convention are similar to those in the United Nations Convention on the
Rights of the Child, for example those relating to the prohibition
of torture,
the right to respect for private and family life, freedom of thought, conscience
and religion, freedom of expression,
and freedom of assembly and association.
These provisions are not, of course, directed exclusively at the rights of
children. They
will be of general application, but will be of benefit to
children too.
5.1.2 The Act operates through two main provisions. First,
all legislation, both past and future, will have to be interpreted, so
far as
possible, in a way which is compatible with the European Convention rights. The
Government expects that it will be very rare
for a court to be unable to
construe primary legislation consistently with the European Convention. Where a
court cannot do so,
it will be required to give effect to that legislation, but
the higher courts will be able to make a declaration of incompatibility
in
respect of it. It will then be for the Government and Parliament to decide how
to respond. Where there are compelling reasons
for doing so, it will be
possible for the incompatible legislation to be amended quickly by a Ministerial
order (subject to the approval
of Parliament). Where a court cannot interpret
subordinate legislation compatibly with the European Convention rights, it will
(subject
to limited exceptions) be able to set that legislation aside to the
extent necessary to give effect to those rights. Courts will
also have to
develop the common law consistently with the rights under the European
Convention.
5.1.3 Second, the Act will (with limited exceptions) make it
unlawful for a public authority to act in a way which is incompatible
with a
European Convention right. The term “public authority” is widely
drawn so as to provide a correspondingly wide
protection of human
rights.
5.1.4 The Act will also place a requirement on Government
Ministers to publish a statement on the compatibility with the European
Convention of Bills they have introduced into Parliament. This will ensure that
full consideration is given to the human rights
implications of new measures
both during the policy development stage and during debates on the Bill in
Parliament.
5.1.5 The Government believes that the Act will assist the
United Kingdom in complying with the European Convention on Human Rights,
and in
so doing will directly support compliance with related articles in the
United Nations Convention on the Rights of the Child.
The Act will also
have a more general benefit by promoting a culture of human rights within the
judicial system, within government,
and within society as a
whole.
5.1.6 Ministers have decided that the main provisions of the Act
will be brought into force on 2 October 2000 to take into account
the
arrangements necessary for implementation. Time is needed to complete a
comprehensive programme of judicial training, to make
whatever court rules are
necessary before implementation, and to allow government departments to prepare
for implementation.
5.1.7 The European Convention on Human Rights also
has a direct effect in relation to the position of children in Scotland and
Wales.
It applies to the Scottish Parliament and the Scottish Administration
broadly as it will apply in England and Wales, as described
at
paragraph 5.1.2.
5.2 Children’s Services Planning in England and Wales
Articles 4, 5, 9, 16, 19, 20, 39
5.2.1 Children’s
Services Planning is a critically important mechanism for improving the broad
range of services for children
in need and their families. Planning was made
mandatory in April 1996: local authorities must now assess the need for
children’s
services in their area, consult various bodies in planning how
that need will be met, and publish the resulting plans.
5.2.2 In 1992
local authorities were advised that they should produce plans for
children’s services. The results were studied
by the Social Services
Inspectorate (SSI) and reports were published in July 1994 and November
1995.[32] These reports
showed that, although most local authorities had produced plans, they varied in
content and effectiveness. Planning
presented local authorities with
significant technical challenges in mapping needs and the supply of services and
in bringing parties
from several agencies relevant to children’s welfare
together to plan coherent services.
5.2.3 These problems of achieving
coherent services across several agencies were discussed in the report of a
study by the Audit Commission
into community child health and social services
for children in need.[33] A
key recommendation of this report, which was published under the title Seen
but not heard in 1994, was that children’s services planning should be
mandatory, jointly prepared by relevant agencies and published. A
study
commissioned from the National Children’s Bureau (NCB) by the Department
of Health, and published as Crossing the Boundaries in
1995,[34] explored ways of
encouraging better coordination of services across departmental
boundaries.
5.2.4 The Government responded to the Audit Commission
recommendation by amending the Children Act 1989 so as to require local
authorities
to plan children’s services, to consult specified agencies, to
publish the plans and to review those plans from time to time.
This was
implemented in April 1996 by the Children Act 1989 (Amendment) (Children’s
Service Planning) Order
1996.[35] The plans prepared
under that Order were required by 31 March 1997. The guidance accompanying the
Order superseded the earlier
circular and although the mandate for planning
related only to services for children in need, it encouraged joint planning for
the
welfare of children generally.
5.2.5 A report of a third SSI study,
entitled Partners in
Planning,[36] was
published in 1998. This showed considerable energy going into joint working at
local level and a gaining of experience of working
across traditional barriers.
Success depended upon the drive of key individuals, the extent to which
participants could identify
coinciding interests and their influence over
resources.
5.2.6 There are indications that real change is occurring
slowly. This is borne out by a further report from the
NCB[37] of a small study
which looked at the extent to which the shape of services has changed in
response to planning. There is real enthusiasm
to plan better services for
children jointly, but this is in the context of a struggle to take on board the
technical aspects of
measuring and analysing needs and reshaping
services.
5.2.7 In recent years other government Departments have
proposed or introduced planning requirements which affect children. Some
of
these new requirements require plans to set out objectives and targets. It will
be necessary, in the medium term, to revise the
current framework for planning
children’s services to take account of these developments.
5.3 Monitoring Children’s Services Plans
5.3.1 The Department of Health will continue to
monitor Children’s Services Plans. As part of the Department’s work
programme
for 1997-1998, a study has been commissioned from the National
Children’s Bureau to look at how planning has led to adjustments
to the
shape of service delivery in a selection of local authorities children’s
services plans.
5.3.2 This year the SSI will be conducting an inspection
of children’s services planning activity in eight authorities. SSI
regional offices expect to receive copies of plans as part of their monitoring
function. And the Department can, if necessary, call
for copies of all the
plans. Planning activity for children’s services is in its early days and
there is much work to be done,
but there are some encouraging initial signs that
agencies are finding ways of planning services together.
5.4 Policy and practice of youth work in Northern Ireland
Articles 28, 29, 12
5.4.1 In October 1997
the Department of Education for Northern Ireland published a curriculum document
for the youth service, Youth work: A Model for Effective Practice. One
of the key points in this guidance document was the stress placed on
participation as one of the underlying principles of youth
work. The document
advises youth groups and organizations to involve young people fully in the
making of decisions on matters which
affect them. Such matters might include
policy-making, the planning and implementation of programmes, and management and
organization
of facilities.
5.4.2 All members irrespective of ethnic
origin, sex or disability should be encouraged to assume relevant
responsibilities, commensurate
with their age and experience. This, it is
hoped, will help young people to shape and develop their own
experiences.
5.5 The promotion of children’s rights and United Kingdom aid policy
Article 4
5.5.1 The
Government’s objective is “the achievement of human rights for all
people - and that includes every woman and
child”.[38] The
Department for International Development (DFID) is committed to a rights based
approach to development in poorer
countries.[39] This means
putting people first, giving particular attention to the needs and the voices of
the poor and disadvantaged among whom
children are a special priority, focusing
on those rights essential for eliminating poverty, and achieving sustainable
livelihoods
and dignity for all.
5.5.2 The objective of DFID in promoting
children’s rights is to support international efforts to enhance
children’s well-being
through implementation of the Convention on the
Rights of the Child, promoting children’s protection and participation,
alongside
the provision of effective and sustainable services for
children’s survival and development. In partnership with Governments
and
civil society organizations, DFID supports, and if necessary assists in meeting
the rights set out in the Convention on the Rights
of the Child. Provision of
services such as health care, education, and welfare is an essential part of the
United Kingdom’s
contribution to promoting children’s rights in the
countries where DFID works. At the same time, the United Kingdom is placing
a
stronger emphasis on combining provision for children with children’s
protection and participation in the development process.
5.5.3 All
projects sponsored by the Department for International Development (DFID) have
policy information markers which provide
a measure of the extent to which
projects[40] are pursuing key
policy areas. DFID has introduced such a marker for “Promotion of the
Rights of the Child”. This will provide information on numbers of
projects and associated expenditure on promotion of the rights of the child and
hence
will assist the Government to fulfil its reporting obligations to the
Committee on the Rights of the Child. For a project to score
against this
marker, the approach and components of the activity must be informed by an
analysis of the situation of children, including
children’s own
perceptions, and children should also have contributed to the design of the
activity as their evolving capacities
allow (article 12 of the
Convention).
5.5.4 DFID activities that support or demonstrate a
contribution towards the rights of the
child[41]
include:
(a) Services responding to children’s survival
and development needs in education, health water and sanitation, shelter, etc.
and
which are especially relevant to the needs of excluded and disadvantaged
children. For example, a key focus of the DFID assisted District Primary
Education Projects in Andhra Pradesh and West Bengal in India is
improving
access to education for vulnerable groups, including child labourers. DFID in
India is also preparing plans for projects
to reach children and adolescents,
and to support the National Literacy Mission. In Bangladesh, DFID is providing
support to child
workers through the UNICEF Basic Education Programme for Urban
Hard to Reach Children, and UCEP which provides opportunities through
education
and training for poor urban working children and promotes children’s
rights. Some of the education programmes of
the larger NGOs that are supported
by DFID, are involved in an ILO project for former child garment workers. In
Malawi, the Primary
Community Schools Programme is involving remote rural
villages in the building of up to 100 schools. Community participation is
central to ensuring enrolment and continued attendance of children from
disadvantaged rural backgrounds in these schools.
(b) Programmes
which assist Governments and civil society organizations to support families in
bringing up their children, to reunite
children separated from their families
and to support children without families in ways which avoid
institutionalization.
For example, in those parts of Africa with a high
prevalence of HIV/AIDS, such as Zambia, many children are orphans; these
children
are more likely to have their rights denied or violated and their
property taken away from them. DFD works with Governments and
civil society to
protect such children. DFID has supported family tracing and reunification
programmes with the International Committee
of the Red Cross and Save the
Children in the Great Lakes and Angola. In Eastern Europe the key issue in a
number of country programmes
is the deinstitutionalization of childcare with a
view to both reducing the numbers of institutional care and improving standards
in the institutional network. The other side to this reform is the introduction
of a system of fostering and adoption. DFID, through
the Know How Fund, is
supporting projects along these lines in Romania and Bulgaria and a small pilot
project in Estonia.
(c) Programmes which have concentrated on a child
rights approach. For example, DFID will promote programmes which integrate
training in the Convention on the Rights of the Child such as natural resources
extension programmes. In Malawi, DFID funded an Estate Land Utilisation study
which produced data on child labour. DFID already
supports a number of NGOs
which have mainstreamed a child rights approach and is drawing on their
experience to mainstream a child
rights approach in its own work. In
Bangladesh, DFID is commissioning a scoping study on children’s work as
part of a broader
child rights agenda, to enhance DFID’s knowledge about
the complex issue of children’s work, and identify potential initiatives.
This will ensure a more informed response to child rights issues through
sectoral project work; and may identify strategic support
to child-centred
initiatives in the field of children’s work.
(d) Advocacy
programmes which seek to influence societal attitudes towards children. In
Uganda, DFID supports the Uganda Society for Disabled Children which helps
children with disabilities to live independent and productive
lives by promoting
self-help and community support. Local people have said this community based
programme has resulted in increased
awareness and confidence, changed attitudes,
and better livelihoods.
(e) Programmes which encourage the
participation of children and young people in decisions which affect them, for
example in planning,
needs assessment, drafting legislation and research.
For example, DFID part funded an ACTIONAID research project in which
children were central and active participants. The research
has led to a better
understanding of children’s work in the household, and the factors which
affect the roles of girls and
boys. This informed design of practical projects
which were implemented following the research. In Egypt, DFID supported a
Participatory
Poverty Assessment which is highlighting children’s
perspectives on poverty to be fed into the formulation of the Egyptian
Government’s National Strategy on Social Development. In Guyana, DFID is
funding participatory research, involving children,
on constraints on regular
attendance at school.
(f) Activities which increase the awareness of
children and adults of children’s rights and human rights broadly. In
Bangladesh, DFID supports Shoishab which raises awareness of children’s
rights for community members who keep children in
their households as domestic
helpers. On a regional level, the DFID funded Pacific Regional Human Rights
Resources Team (a winner
of the UNICEF Maurice Pate Award) has focused on
children’s rights through family law issues such as violence against
women,
divorce, maintenance and adoption. On an international level, DFID has
provided support to the United Nations Special Representative
on Children
and Armed Conflict whose mandate is to raise awareness of the plight of children
in armed conflict and to stimulate international
action. In June 1998, DFID
hosted an international conference in London which was successful in
highlighting the work of the Special
Representative and raising awareness of
rights, protection and welfare issues related to children affected by armed
conflict. The
United Kingdom was also active in securing the inclusion of use
of child soldiers under 15 in the definition of war crimes in the
statute of the
newly established International Criminal Court.
(g) Programmes which
protect children from exposure to violence, danger, exploitation and abuse at
home and in the wider community,
or which help and support children who have
suffered from such exposure. For example DFID is funding a number of NGO
projects which address the needs of street children in Central and South America
and helping
to address the problem of violence against street children through
the provision of safe havens. In Central and Eastern Europe DFID
is supporting
the transition of State police forces to community police services by improving
skills and changing police behaviour
and attitudes, emphasising the involvement
of local communities and improving the treatment of victims of crime, especially
women
and children. In Pakistan DFID supports a project implemented by Save the
Children which provides social support for children leaving
the football
stitching industry. DFID supports the International Labour Organization’s
International Programme for the Elimination
of Child Labour and has funded
action oriented research in South Asia and South East Asia on trafficking
of children and their exploitation
in prostitution and other intolerable forms
of child labour. DFID supports projects which protect the rights of children
affected
by conflict and supports rehabilitation of children affected by
conflict including child soldiers. DFID are working in this field
in
partnership with the Office of the United Nations High Commissioner for
Human Rights (OHCHR), the International Committee of the
Red Cross (ICRC), the United Nations High Commissioner for Refugees
(UNHCR) and the United Nations Special Representative on Children
and Armed
Conflict. DFID also funds projects with NGOs, for example, rehabilitation
projects with child soldiers in Liberia and
Angola through Handicap
International and UNICEF. In Jordan, DFID supports a pilot Family Protection
Unit for abused women and children
and is currently developing this into a
larger programme with the Jordanian police service.
(h) In
Bangladesh, DFID is exploring support to a street children’s programme
called Chinnamul Shishu Kishore Sangstha (CSKS) which, in addition
to learning
opportunities and a safe haven, provides access to legal aid for children held
without trial in jails and vagrancy centres.
DFID will be addressing juvenile
justice issues as part of a broader accessible justice strategy under
development.
(i) Reviews of national legislation to ensure
compatibility with the Convention on the Rights of the Child and creation of
mechanisms in central and local government
to ensure effective coordination of
policy towards children. For example, DFID has begun discussions with the
Government of Zambia
on reform of the law on children. In Uganda, DFID, with
Save the Children, is in discussions with the Government concerning support
to
piloting the implementation of the 1996 Children’s
Statute.
(j) Establishment and strengthening of effective and
appropriate national organizations, within Government and civil society who
are concerned with promoting and coordinating implementation of the Convention
on the Rights of the Child and with monitoring
progress. DFID is currently
exploring how best it can support activities in this important area of
work.
(k) Knowledge generation and dissemination concerning the
rights and needs of children. Because the specific needs of children within
households and communities are often not understood or explicitly acknowledged,
their
needs and interests are often overlooked and subsumed by the needs of
other household members, who have more power to express themselves.
In many
societies girl children tend to do the hardest work, have less to eat and are
denied the opportunity of an education. In
DFID’s support to the
education sector in Tanzania and Kenya, DFID is helping its partners find out
more about the social and
economic processes affecting who goes to school and
who stays there, and who is excluded and for what reasons. In Pakistan, DFID
is
providing a Junior Professional Office on Child Rights to the UNICEF
office.
(l) Family tracing in relation to the Kosovo crisis.
DFID is supporting the International Committee of the Red Cross for family
tracing and reunification of refugees fleeing Kosovo.
6. CIVIL RIGHTS AND FREEDOMS
This chapter covers
articles:
7 Registration and nationality
8 Identity
13 Freedom of
expression
14 Respect for freedom of
thought
15 Respect for freedom of
association
16 Protection of privacy, family, home,
correspondence
17 Freedom of the press, and the
child’s access to it
37 Protection against
torture
6.1 Freedom of thought, conscience and religion
Article 14
6.1.1 Where a child
is being looked after by a local authority the authority is required to have
regard to the child’s religious
persuasion, racial origin and cultural and
linguistic background when making decisions about him. The authority has also
to take
into account the child’s wishes and feelings. Children
accommodated in children’s homes are required by regulation to
be given
the opportunity to practise their religion. Positive steps are taken to
facilitate their doing so.
6.2 Religious teaching
6.2.1 The statutory requirements for the
provision of RE and daily collective worship remain broadly unchanged under the
School Standards
and Framework Act 1998. The Act applies the current
arrangements, with minimal changes to the new school framework which comes into
effect on 1 September 1999, Under the Act:
(a) RE provision in community
schools, and foundation and voluntary schools without a religious character will
essentially be the
same as is currently in country
schools;
(b) Collective worship provision in community and foundation
schools without a religious character will essentially be the same as
is
currently in country schools;
(c) Collective worship provision in
voluntary schools without a religious character will essentially be the same as
is currently
in voluntary schools;
(d) RE and collective worship
provision in foundation schools and voluntary controlled schools with a
religious character will essentially
be the same as is currently in voluntary
controlled schools; and
(e) RE and collective worship provision in
voluntary aided schools with a religious character will essentially be the same
as is
currently in voluntary aided schools.
6.2.2 There is a number of
existing important provisions that will remain:
(a) In certain
circumstances, parents can make arrangements with a school for a child to be
taught alternative RE. For example,
arrangements can be made for a child
attending a community school or a foundation or voluntary school without a
religious character
to receive denominational RE; and
(b) Community
schools and foundation schools without a religious character are able to apply
for a “determination” which
lifts the “wholly or mainly of a
broadly Christian character” requirement from their daily collective
worship. Such
schools may then choose to provide alternative worship which is
distinctive of a particular faith.
6.2.3 Parents of children attending
any maintained school retain the right to withdraw their children from RE and
daily collective
worship either in whole or in part. It is open to parents to
take account of their children’s views in exercising their right
of
withdrawal from RE and collective worship. This is presently a matter for
parents and the Government has not issued any advice
to that
effect.
6.2.4 There is a large number of voluntary schools maintained
from public funds representing particular faiths or denominations.
It remains
open to independent promoters to propose further new schools to be maintained
from public funds. All such proposals are
considered on their merits.
6.3 Privacy and data protection
Article 16
6.3.1 Paragraph 4.26
of the United Kingdom’s first report referred to data protection
legislation. Further changes have been
made since that
report.
6.3.2 United Kingdom law does not provide for a statutory right
of privacy (but see section 5.1 above which deals with the incorporation
of
the European Convention on Human Rights into United Kingdom law). Children are
afforded the same protection as adults under the
general law (for example the
law on defamation and on interference with correspondence). The Data Protection
Act 1984 which provides
for safeguards against the misuse of computerized
personal information also applies to the personal data of children. The Data
Protection
Act 1998, which gives effect to the 1995 EC Data Protection
Directive, is due shortly to replace the 1984 Act. The new Act applies
to
certain manual records as well as to computerized information and strengthens
individuals’ rights.
6.4 Privacy in Children’s Homes in England and Wales
Article 16
6.4.1 Children’s
homes in England and Wales are required under the Children’s Homes
Regulations to provide suitable facilities
to allow children to meet privately
with their family and a range of other people.
6.4.2 Children’s
homes are required by Regulations to have a telephone where children can make
and receive telephone calls in
private.
6.4.3 Homes are also required to
consider how to provide special privacy in which to allow a child to pursue his
religion.
6.5 The future of emergency legislation in the United Kingdom
Article 13
6.5.1. Specific
counter-terrorist powers are available to the police throughout the
United Kingdom, and a number of further powers
are available in Northern
Ireland alone, to enable the security forces and the criminal justice system to
deal effectively with the
particular terrorist threat which has existed there.
The Government seeks to retain the balance between providing the security forces
with powers which are appropriate and proportionate to the threat of terrorism
and protecting the right of individuals.
6.5.2 Both in Northern Ireland
and in the rest of the United Kingdom, these special counter-terrorist powers
are independently reviewed
annually, and their renewal is subject to debates in
Parliament. The Government has now undertaken a major review of
counter-terrorism
legislation, its use and effectiveness. A consultation paper
was issued in December 1998, which considered all aspects of current
counter-terrorist legislation, including the Northern Ireland (Emergency
Provisions) Act 1996 and the Prevention of Terrorism (Temporary
Provisions)
Act 1989, and sets out proposals for new, permanent legislation which is
intended to be available throughout the United
Kingdom to deal with all types of
terrorism. The proposals were made available for consultation until 16 March
1999 and responses
are now being analysed with a view to drawing up firm
proposals for legislation. As part of the review, the Government will ensure
that the proposals put forward for new legislation are compatible with the
European Convention on Human Rights and other relevant
human rights commitments,
including the Convention on the Rights of the Child.
6.5.3 The Committee
was particularly concerned about the emergency provisions in
Northern Ireland in the context of the Convention.
There has been no
official assessment of the particular impact upon children of the emergency
legislation in Northern Ireland, but
allegations of harassment of children are
very rare. Any such allegations would be treated extremely seriously, and the
procedures
for dealing with them are widely publicized.
6.5.4 The
detention, treatment and questioning of persons arrested under the terrorism
provisions in Northern Ireland are carried
out according to statutory codes of
practice, which include special safeguards for the rights of detainees. These
ensure that in
the rare event of the police having to interview anyone who
appears to be under the age of 17, the well-being and rights of the interviewee
are given the highest priority, and the interviewee must be accompanied by an
appropriate adult. The Northern Ireland emergency
legislation permits a
constable or a member of the security forces to stop and search any person in
specific circumstances laid down
in legislation. If it is necessary to search a
child under 14, this is normally done by a female police officer or a female
soldier.
For a juvenile older than this, the search is carried out by a police
officer or soldier of the same sex as the child.
6.5.5 Similarly, the
PACE codes of practice, under which the police operate in England and Wales,
contain specific guidance for the
police when dealing with cases involving
juveniles. In Scotland, when a child under 16 has been either detained or
arrested, the
police are under a statutory obligation without delay to tell the
child’s parent or guardian that the child is in custody at
a specified
place. The parent or guardian has a statutory right, unless there is reasonable
cause to suspect that he himself has
been involved in the alleged offence, to be
permitted access to the child.
6.6 Children of unmarried fathers: acquisition of citizenship
Article 7
6.6.1 The Committee
commented on “restrictions applied to unmarried fathers in transmitting
citizenship to their children”.
The Convention provides that a child
shall have the right to acquire nationality; it does not require that there
shall be a right
to transmit nationality from father to child. The law of the
United Kingdom makes comprehensive provision for children to acquire
British
nationality as required by the Convention, including provision for according
that status where the child would otherwise
be stateless. Further, although
there are practical difficulties about automatic provision for transmission of
nationality in the
male line regardless of legitimacy, provision exists, where
an unmarried father with British nationality is
prepared to take responsibility for his minor child resident in the United
Kingdom, for the grant of British nationality to that child
if he does not
already enjoy that status. That may be done by means of an application for a
certificate of registration made to
the Nationality Directorate of the Home
Office.
7. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
This chapter covers articles:
5 Respect for responsibilities of parents to provide direction and
guidance to child in child’s exercise of convention
rights
9 Right to live with
parents
10 Freedom to enter or leave country for family
reunion
11 Measures against abduction and non-return from
abroad
18 Responsibilities of parents and
guardians
19 Protection from violence and abuse, neglect
and exploitation
20 Obligations to children without
parents
21 Adoption: authorization procedures,
intercountry arrangements
25 Right to review of those in
care
27 Right to standard of living and parental
responsibility for maintenance
39 Protection of child
victims of neglect and abuse
7.1 Supporting families
Articles 5, 9, 18
7.1.1 On 4 November
1998, the Government published a programme of measures to strengthen family life
by supporting families with children.
The consultative document Supporting
Families[42]
focuses on the Government’s responsibility to support families through
its policies and to help parents to meet their children’s
needs.
7.1.2 The consultation paper concentrates on five areas where
Government can make a difference. The Government intends
to:
(a) Provide better support to parents to ensure that every parent
has access to the advice and support they need;
(b) Give better
financial support to families to improve family prosperity and reduce child
poverty;
(c) Help families balance work and home so that it is easier
for parents to spend time with their children;
(d) Strengthen marriage
to help protect the interests of children and reduce family
breakdown;
(e) Tackle the more serious problems of family life,
including domestic violence and school age pregnancy.
7.1.3 This is the
first consultation paper on the family, fulfilling the Government’s
manifesto commitment to strengthen family
life. Although the consultation did
not cover Scotland many of the measures referred to in the consultation document
extend to Scotland.
Over the past year, the Government has developed a range of
new measures which will give practical support to families. These include
new
financial support, such as the increase in Child Benefit and the introduction of
the Working Families Tax Credit; £540 million
for the new Sure Start
Programme to help families ensure that their children are ready to learn when
they start school; and the measures
announced in the White Paper Fairness at
Work to help families balance work and home. Some £42 million was made
available for the corresponding programme in Scotland.
7.1.4 The
consultation paper sets out a major programme of action to support families.
The consultation period ended on 15 March
1999. The Ministerial Group on the
Family published a summary of the responses to the consultation document on 8
June 1999. The
responses to Supporting Families will be used in the
ongoing development of family policy across Government.
7.2 Education for parenthood in England and Wales
Articles 18, 28
7.2.1 The Government
wishes to strengthen parenting education in schools. It has set up a National
Advisory Group to advise on a
framework for personal, social and health
education. As part of its work, the Group will develop proposals to help all
secondary
schools teach their pupils about the responsibilities of
parenthood.
7.3 Education for parenthood in Scotland
Articles 18, 28
7.3.1 In Scotland the
curriculum is not prescribed by statute and the responsibility for the delivery
and management of the curriculum
rests with education authorities and head
teachers. Guidance is, however, provided by the Scottish Office Education and
Industry
Department. The National Guidelines in Environmental Studies include a
section on relationships in which education for parenthood
could be
introduced.[4]
7.3.2 In
addition the materials Personal Relationships and Developing Sexuality
provide teachers with a curriculum framework covering pupils between the ages of
5-18. These materials offer advice on what issues
should be covered at
different stages in Scottish schools. The Scottish Qualification Authority also
offer a Standard Grade examination
in Social and Vocational Skills in which the
three themes covered are home, work and community.
7.4 Family learning in England and Wales
Articles 18, 28
7.4.1 The Government
has recognized that more needs to be done to improve support for parents. In
its consultation paper Supporting
Families[4] it sets out
proposals for providing such practical support. The consultation document
invites views on many issues covering families,
including ways of improving
parental involvement in children’s education, parental support for schools
and schools’ support
for parents, and the best ways to develop education
on parental responsibility in schools. The National Family and Parenting
Institute
will have as part of its remit, the development of parenting support
programmes and activities, including those which help parents
to help their
children learn.
7.4.2 Family Learning can involve: families learning
together; parents, grandparents, and other carers helping children; and children
helping their parents. Family Learning can be an effective approach for
families of all sorts, and it can and should be fun.
7.4.3 The Government
sees the value of effective family learning both in promoting lifelong learning
for adults and raising the attainment
of children, both key objectives for
Ministers.
7.4.4 The Government is particularly aware that family
learning can reach some of the most disadvantaged in society at risk of
exclusion,
and it can help ensure disadvantaged children get the help they need
to lay the foundations for effective learning.
7.4.5 The Government
supported Family Literacy Initiative illustrates this point. It reaches parents
with poor basic skills and their
children particularly in areas of social
disadvantage. Independent evaluation has shown it to be effective in assisting
both children
and parents to improve their literacy skills.
7.4.6 Family
Literacy is doubling in size in 1998-1999 and will continue to grow so that all
LEAs will have access to provision from
1999-2000. Around 120 LEAs have been
offered £4 million funding for 1998-1999 to reach around 6,000 parents
and their children,
an average of four courses per LEA. From 1999-2000 Family
Literacy will be available nationally.
7.4.7 From next year the
Government will be supporting Family Numeracy projects with a grant totalling
£1 million. The aims
are to: provide greater support in the home for
numeracy; offer a quick start into numeracy for pre-school and reception
children
at risk of under attainment; and offer a re-start for their
parents’ numeracy. Successful pilots have been run, meeting all
these
aims.
7.4.8 In Wales, the Basic Skills Agency, with funding of
£923,000 since 1996 from the Welsh Office, has developed and implemented
a
successful series of family literacy projects in partnership with primary
schools, parents and all 22 local authorities in Wales.
The Agency is working
up family numeracy projects based on the Family Literacy model.
7.4.9 The
Government believes that it is important to embed family learning in mainstream
education. That is the way to secure the
wider value of family learning for
both adults and children. That is the message that the Government is giving to
all those involved
in providing education, as teachers, managers, or funders.
It is also important to promote the potential value of family learning
more
widely, and that is why the Government supports a range of educational
organization who do so.
7.5 Family education - Scotland
Articles 28, 18
7.5.1 In Scotland,
the Government has committed £15 million to supporting the role of parents
in their children’s education.
The funds will be made available to
education authorities over three years, to expand provision of family literacy
schemes and home-link
teachers, and to develop parent support groups.
7.6 Looked after children
Articles 18, 20, 25
7.6.1 In 1995, the
Department of Health launched the Looking After Children: Good Parenting,
Good Outcomes[45] (LAC)
materials. They provide the opportunity to engage children, wherever they are
placed, in their own care plans and encourage
communications between all those
involved in the care of the child.
7.6.2 The materials, have been
designed to improve the parenting experience of children looked after by local
authorities and other
agencies. They set an agenda for good parental care by
identifying the experiences, concerns and expectations of children of different
ages and stages by bringing to the attention of those responsible for their
upbringing the probable consequences of different actions.
One of the broad
aims of the materials is to introduce ideas about outcomes into social work
practice.
7.6.3 Since May 1995, most local authorities in England have
committed themselves to implementing LAC with the aid of a support programme
offered by the Department of Health. The LAC materials are also being used
internationally, including Hungary, Canada (six Provinces),
Australia (two
States), Norway, Sweden, Belgium and Russia.
7.6.4 In Wales, use of the
LAC materials was the subject of
guidance[4] issued in the
context of implementation of the recommendations of the North Wales Child Care
Examination Team. The LAC forms were
produced in Welsh. The Department has
undertaken a two-year programme of work to assist local authorities in Wales to
implement
the LAC system, which involves a systematic approach to multi-agency
assessment planning and review for looked-after children.
7.6.5 Developments
in Scotland in arrangements for looking after children are reported above in
Chapter 2.
7.7 Child protection in England and Wales
Articles 19, 30, 39
7.7.1 The Government
is firmly committed to ensuring that all children within the community are
safeguarded and protected from abuse.
The Children Act 1989 was designed to
promote appropriate and decisive action to protect children from abuse and
neglect.
7.7.2 Good cooperation and joint working by all agencies -
social services, health, education, the police, probation and the voluntary
sector - is an essential prerequisite for safeguarding the welfare of children.
Working Together Under the Children Act 1989, the key Government guidance
issued in 1991, provides a solid foundation for inter-agency cooperation in
child protection work and
real improvements have been made in tackling serious
cases of abuse.
7.7.3 In 1995, the Government published a report Child
Protection; Messages from Research. This gave details of the key messages
arising from a major programme of research into child protection, which included
20 individual
studies. One of the conclusions reached from the research was
that real benefits could arise if there was a focus on the wider needs
of
children and families rather than a narrow concentration on the alleged incident
of abuse.
7.7.4 It is for this reason that the Government began in
February 1998 a process of consultation and debate in order to inform the
development of new guidance on joint cooperation and working. A consultation
paper has been issued which examines the general issues
and principles which
need to be considered. The key message which the Government wishes to promote
is a new emphasis on looking
more widely at the needs of the most vulnerable
children and families in the community. Families need help at an earlier stage
to
tackle their problems before parenting difficulties escalate into abuse.
However, the Government recognizes that an effective child
protection system
will continue to be needed to deal with cases of abuse. Work on the new
guidance will also be informed by the
improvements in understanding and
knowledge in many areas of child abuse which have occurred over the past
decade.
7.7.5 Public consultation on the revision of the Working
Together guidance on child protection procedures was undertaken in Wales in
parallel with consultation in England.
7.7.6 The Government is also
developing a framework for a needs-led assessment of children and their
families. The framework will
focus on assessing the needs of children and the
capacity of parents or family members who meet those needs in both the short and
long term. It will be underpinned by the latest knowledge of the impact that
domestic violence, alcohol and drug misuse, mental
health and sex offending can
have on child development.
7.7.7 Following a consultation period with all
organizations and individuals with an interest in services for children as well
as
from those who can speak for children themselves, the Government’s
intention is to issue new guidance.
7.8 The Review of Safeguards for Children Living Away from Home
Articles 19, 20, 39
7.8.1 In November
1997 the Secretary of State for Health published the report of the Review of
Safeguards for Children Living Away from Home conducted by Sir William
Utting and others. This report, which related to England and Wales, followed a
series of convictions of
people in North Wales for multiple abuse of children in
their care.[4] The Secretary
of State also announced that he would chair a Task Force “to help the
Government prepare costed responses to
the principal recommendations of the
report and then monitor progress with their implementation”. It includes
10 Ministers
from across Government, and advisers from both inside and outside
Government. Its terms of reference are:
“To help the Government prepare costed responses to the principal recommendations of the report People Like Us and then to monitor progress with their implementation.”
7.8.2 The Review made a number of principal recommendations, and over 150
other recommendations and suggestions for detailed change.
These affect a wide
range of issues including:
(a) The quality of local authority care for
children they look after, and the support of those children and young people
after they
leave care;
(b) Education and health care for looked-after
children;
(c) The regulation of foster care and children’s homes,
and boarding schools not already regulated;
(d) Checks on the
suitability of people recruited to work with children;
(e) The criminal
justice system, including the prosecution of alleged child abusers, child
prostitution and child pornography;
(f) The youth justice system and the
protection of children in custody.
7.8.3 The Government accepted the
general principles of the Review report and a large majority of its detailed
recommendations. The
report made 20 principal recommendations and over 130
other recommendations with the aims of: improving protection for children
in
foster and residential care, in schools and the penal system; to provide more
effective safeguards and checks to prevent abusers
from working with children;
provide more effective avenues of complaint and increase access to independent
advocates; provide more
vigilant management; provide more effective disciplinary
and criminal measures; provide effective systems of communication between
agencies about known
abusers.[4]
7.8.4 The Government’s response covers a number of discrete areas
namely: public care; care leavers; regulation; education;
health; inter-agency
working; stopping dangerous people from working with children; juveniles in the
penal system; criminal justice.
Individual Government Departments will be
monitoring implementation of action within their areas of responsibility. In
addition,
the Ministerial Task Force on Children’s Safeguards will monitor
the overall programme of action. Some of the proposals cannot
be taken forward
until there is time in the legislative programme.
7.8.5 The Government
has taken into account the costs of the changes in setting the increased level
of funding available for individual
Departments under the Comprehensive Spending
Review. To help finance the improvement in services, the Government has
introduced
a Children’s Special Services Grant totalling £375 million
over three years.
7.8.6 In Scotland Roger Kent, a former Director of
Social Work, was commissioned in 1996 to carry out a wide ranging review of the
arrangements for looked after children living away from home, to make
recommendations about improved safeguards for such children
and to report. The
Kent report, which was entitled the Children’s Safeguards Review
was published in November 1997 and it identified a number of areas as key issues
in ensuring the safety of children in such circumstances.
These included better
recruitment arrangements for those working in residential childcare, raising the
status and professionalism
of the care task, better communication between
families and organizations caring for children, greater rigour and independence
in
the inspection of children’s homes and the development of a culture
that does not tolerate abusive behaviour.
7.8.7 The Kent report was the
subject of a consultation exercise which concluded in March 1998. Over 80
responses were received,
commenting on the 61 recommendations in the report.
There was widespread support for the vast majority of the
recommendations.
7.8.8 The Government decided to implement a significant
package of measures designed to take forward the key recommendations in the
Kent
report. A Government response to the report was published in November 1998.
The Minister has committed himself to a national
strategic framework for
children’s services and the development of national standards. An
essential part of this will be the
first round of local authority
children’s services plans which have provided an opportunity to set and
review progress towards
strategic outcomes for children’s services.
Individual care plans already require the inclusion of plans for the
child’s
health and education.
7.8.9 The Government has piloted a
more rigorous means of selection for people who work with children in
residential settings. As
part of the process social work, education and health
authorities can check if an applicant for a position which gives substantial
access to children has criminal convictions. The Government intend to add to
this by establishing a statutory consultancy index
which will allow authorities
to access non-conviction information.
7.8.10 It is the Government’s
aim to reduce the number of children looked after by local authorities living in
a residential
setting and to expand the availability of foster carers. Children
in foster care should have the same level of protection as children
living in
residential settings and so the Government has proposed the inspection of foster
care services.
7.8.11 Extra resources totalling £36.7 million over
the three year period commencing 1999/2000 have been available to improve
children’s services. This included £15 million specifically for
the implementation of the key proposals in the Children’s
Safeguards
Review.
7.8.12 At the heart of these proposals for reform are the
children themselves. The Government has recommended to local authorities
the increased use of Children’s Rights workers and Who Cares?
Scotland workers. The Government has provided additional funding to
Who Cares? Scotland in order that they can meet these additional
demands.
7.9 Role of the education service in England and Wales in
protecting children from
abuse
Article 19
7.9.1 The
Department for Education and Employment issued in October 1995 Circular 10/95
Protecting Children from Abuse: The Role of the Education Service which
went to schools, including for information to independent schools. This
replaced previous advice on child protection. The
Circular makes it clear that
children have a fundamental right to be protected from harm. The primary
responsibility for child protection
rests with social services
departments (SSDs). The police and the NSPCC also have responsibilities
for investigating allegations
of abuse. The Circular makes it clear that
education staff should not investigate allegations or suspicions of abuse, but
should
refer cases to the local SSD. However, the guidance recognizes that
teachers are in a good position to identify signs, or hear allegations,
of abuse.
7.9.2 The main recommendations of Circular 10/95 are
that:
(a) All staff should be alert to signs of abuse and know to whom
they should report their concerns or suspicions;
(b) All schools and
colleges should have child protection policies, which should include procedures
to be followed if a member of
staff is accused of abuse;
(c) All schools
and colleges should have a senior member of staff with designated responsibility
for child protection, who should
receive appropriate
training.
7.9.3 Similar guidance was issued in
Wales.[4]
7.9.4 In
1995-1996 and 1997-1998 the DfEE helped to fund the training of teachers with
designated responsibility for child protection
through the Grants for Education
Support and Training (GEST) programme of grants.
7.10 Role of the education service in Scotland in protecting children from abuse
Article 39
7.10.1 The Scottish
Office has published inter-agency guidance on child protection, Protecting
Scotland’s Children - A Shared Responsibility. On the basis of the
new guidance, it is intended that an update to circular 10/90 on education
services’ responsibilities
for child protection will be prepared and
distributed to education authorities.
7.10.2 National guidance was
published in November 1998 for all agencies, including social work, health,
police and NGOs on how they
should work together to tackle child abuse and
neglect. This guidance, entitled Protecting Children - A Shared
Responsibility[50]
was consulted on in 1997 and amended in the light of comments and views from
a wide range of interests. Related guidance on child
protection for health
professionals has been prepared by a working group and will be issued later in
1999. SOEID intends to review
guidance for education professionals in the light
of the new inter-agency guidance.
7.11 Protection of children from violence in the home - Northern Ireland
Article 39
7.11.1 The Family
Homes and Domestic Violence (NI) Order 1998 increases the protection available
to children under the existing law,
in a number of ways.
7.11.2 First, it
amends the Children (NI) Order 1995 to enable the court, when making an
emergency protection order or an interim
care order, to include the requirement
that the suspected abuser be excluded from the home, rather than the child
having to be removed,
as is the case at present.
7.11.3 In addition, when
considering making an occupation order or a non-molestation order, the court
must take into account as a
factor the health, safety and well-being of any
child involved.
7.11.4 In common with the Children (NI) Order, the Family
Homes and Domestic Violence (NI) Order also allows children (under 16)
themselves
to apply for remedies with the leave of the court, provided the court
is satisfied that they have sufficient understanding to do
so.
7.11.5 Further, a new provision has been inserted into the Children
Order so that when a court is considering whether or not to make
a contact or
residence order in favour of someone who has a non-molestation order made
against them, it will consider any harm which
the child has suffered or is at
risk of suffering through seeing or hearing the ill-treatment of another person
by the person who
has the non-molestation order made against them. This
provision therefore recognizes an increased understanding of the harm that
can
come to children through witnessing the abuse of another person; and also that
if a parent has suffered violence from their partner,
there is a high risk that
the children are also vulnerable to abuse.
7.12 Physical punishment of children in the home
7.12.1 An application was made by a child to
the European Commission on Human Rights on the basis that the injuries sustained
by the
child were in breach of article 3 of the European Convention on Human
Rights, which provides that “no one shall be subjected
to torture or to
inhuman or degrading treatment”. The Court concluded that there had been
a breach of article 3 in this particular
case and that domestic law in the
United Kingdom did not give adequate protection to the child. However the
Commission made clear
that its finding “does not mean that article 3 is to
be interpreted as imposing an obligation on States to protect, through
their
criminal law, against any form of physical rebuke, however mild, by a parent of
a child”.
7.12.2 Before the hearing, the Government had already
announced its intention to issue a consultation paper with the aim of seeking
the widest possible consensus on how any necessary and appropriate changes to
the law relating to physical punishment of children
in the home might be
made.
7.13 Corporal punishment within childcare
Article 19
7.13.1 In England,
Wales and Scotland, Regulations made under the relevant legislation and
accompanying guidance have given effect
to the Government’s policy that
corporal punishment has no place in the public childcare setting. In addition,
because of
the special vulnerability of children in children’s homes,
Regulations also prohibit a range of other punishments in
homes.
7.13.2 Several NGOs, including Barnardos and the National
Children’s Bureau, made clear their opposition to any form of physical
punishment of children when commenting on the existing law in relation to
corporal punishment in private schools and the defence
of “reasonable
chastisement” in relation to the use of corporal punishment in the
home.
7.13.3 Section 131 of the School Standards and Framework Act 1998
now outlaws corporal punishment for all pupils in maintained and
non-maintained
schools, and for children receiving nursery education in England and Wales.
These provisions are expected to come
into force on 1 September 1999.
Similar legislation in Scotland will be a matter for the Scottish
Parliament.
7.14 Corporal punishment in Northern Ireland
Article 19
7.14.1 Corporal
punishment in grant-aided schools in Northern Ireland has been unlawful
since 1987. The relevant provisions do not
at present extend to
independent schools, but it is intended to extend the existing provisions to
such schools as soon as a suitable
legislative opportunity occurs.
7.14.2 Corporal punishment has not been used in any of the training schools
in Northern Ireland since the 1950s. Early in 1999 new
statutory rules
under article 52 of the Criminal Justice (Children) (NI) Order
1998[51] will remove the
statutory right of training school managers to inflict corporal punishment upon
those children ordered to be detained
in training schools.
7.15 Safety Review by the Chief Inspector of Social Services
Articles 19, 39
7.15.1 To support the
work of the Children’s Safeguards review, and against the background of
concerns raised by the child abuse
cases, the Chief Inspector of Social Services
wrote to all local authorities in England in May 1997 asking them to review the
ways
in which they had implemented the provisions of the Children Act and
subsequent guidance and to provide a report to local authority
Committees and
the Social Services Inspectorate of the Department of Health (SSI) by 31 July
1997. Those reports provided the basis
for a major inspection of management and
practice in a number of local authorities. The Chief Inspector will be
reporting to Ministers
his assessment of the current procedures for ensuring the
safety of children and young people in public care.
7.16 Children in public care
Article 20
7.16.1 A local
authority has a duty to look after a child when that appears to be the best way
of safeguarding and promoting the welfare
of the child. A local authority will
seek a suitable placement for the child. This may be through a relative looking
after the
child, or if no one is suitable then an attempt will be made to place
the child in the community. Siblings looked after by local
authorities should
generally be placed together. In all cases, the guiding principle is that
decisions should be made in the best
interests of the child.
7.16.2 The
placement is always intended to promote the best interests of the child. The
views of the child and the child’s
parents are considered before the
placement. The child’s religion, racial origin, cultural and linguistic
background are also
taken into account. The placement might be with foster
carers, or a children’s home or a residential school. Some two thirds
of
looked-after children live with foster carers.
7.16.3 Children may only
be placed with approved foster carers. Placements are subject to continuing
supervision by the local authority
to ensure that the welfare of the child is
being furthered. Foster carers are expected where it is appropriate to maintain
links
between the child and the child’s natural
family.
7.16.4 Anyone proposing to foster a child privately has to notify
the local authority and to notify when the arrangement ceases.
The local
authority has a duty to visit the child to promote and safeguard the welfare of
the child.
7.16.5 In England and Wales, all children’s homes,
except small private children’s homes (accommodating three or fewer
children) and “exempt” homes, such as holiday homes, are subject to
the provisions of the Children Act 1989 and Regulations.
The Government intends
to introduce legislation so that small private children’s homes in England
and Wales are also subject
to provisions of the Children’s Homes
Regulations. In Scotland, homes where a substantial part of the function is to
provide
services for the purposes of the Children (Scotland) Act 1995 are
similarly required to be registered. The relevant Regulations
set out the need
for responsible authorities to ensure that the number of staff of each home and
their experience and qualifications
are adequate to ensure that the welfare of
the children accommodated there is safeguarded and promoted at all
times.
7.16.6 All homes covered by Children’s Homes Regulations are
required to be inspected at least twice yearly by the regulating
or local
authority (one visit unannounced) to ensure that the homes are complying with
the standards set. The relevant legislation
in both England and Wales and
Scotland also allows for the inspection of any children’s homes by the
appropriate Social Services
Inspectorate if necessary.
7.16.7 The
position in Northern Ireland is broadly similar to that described above.
7.17 Incidence of care among children of ethnic minority
parents in England and
Wales
7.17.1 There is some
evidence that children of certain ethnic groups appear to be overrepresented in
the total of looked-after children.
However, there is no centrally collected
information on the numbers of ethnic minority children entering and leaving
care. The
Department of Health is undertaking a programme of work, in
consultation with the Welsh Office, to develop national statistics on
the ethnic
origin of social services staff and service users, including children.
7.18 Coordination between government departments over
children in care -
views of NGOs
7.18.1 The Government
have noted the comments of the Who Cares? Trust during the preparation of this
report. While by no means uncritical
of some areas, the Trust noted several
developments since 1994 which they welcomed. These included, at the level of
government coordination,
the following:
(a) The introduction of
mandatory Children’s Services Plans - although with concerns whether
children at local level are involved
in the planning process, and about how
effective the plans are in practice.
(b) Department of Health Looking
After Children materials (see section 7.6) which measure the progress of
children across seven dimensions and attempt to assess the outcomes of
care.
The Trust would like there to be more training on the purpose of the materials
for them to be used more effectively to benefit
children.
(c) Audit
Commission/SSI Joint Reviews which measure how well local authorities deliver
social services, a key principle being the
views of service users, including
looked-after children.
(d) The establishment of a General Social Care
Council.
(e) The Health Select Committee Inquiry into Looked-after
Children.
(f) The creation of the Children’s Services Strategy
Group in the Department of Health.
(g) The creation of the Social
Exclusion Unit with its focus on the most marginalized groups, such as the
homeless and those excluded
from school, amongst whom are to be found
disproportionate numbers of young people from care.
(h) The review of
social work training.
7.18.2 The Trust see a need, however,
for:
(a) Arrangements to require local authorities to monitor, at the
point young people leave care and prior to their twenty-first birthday,
where
they are accommodated, their educational attainment and employment
status.
(b) An amendment to the Code of Guidance under the Housing Act
1996 to require local authorities to develop strategies for youth
homelessness
which should make specific reference to meeting the housing needs of care
leavers.
7.19 Divorce and separation in England and Wales: The Family Law Act 1996
Articles 9, 18
7.19.1 The Family Law
Act 1996[52] was passed on 4
July 1996. Part I sets out four general principles for the court to
consider in exercising functions relating to Parts II and III:
(a) That
the institution of marriage is to be supported;
(b) That the parties to
a marriage which may have broken down are to be encouraged to take all
practicable steps, whether by marriage
counselling or otherwise, to save the
marriage;
(c) That a marriage which has irretrievably broken down and is
being brought to an end should be brought to an end:
− with minimum distress to the parties and to the children affected;
− with questions dealt with in a manner designed to promote as good a continuing relationship between the parties and any children affected as is possible in the circumstances;
− without costs being unreasonably incurred in connection with the procedures to be followed in bringing the marriage to an end;
(d) That any risk to one of the parties to a marriage,
and to any children, of violence from the other party should, so far as
reasonably
practicable, be removed or diminished.
7.19.2 Part II
deals with divorce and separation; it provides for compulsory attendance at an
information meeting before a statement of marital
breakdown is filed, and a
period for reflection and consideration. Section 22 of the Act has been
implemented. The Government announced
in June 1999 that it did not intend to
implement the remainder of Part II in 2000 as previously planned. Before
implementation,
the Government must be satisfied that the new divorce procedures
will work. The preliminary research results from the information
meetings have
been disappointing. The full research results from the pilots will be available
in early 2000, when the Government
will consider whether further research
is necessary.
7.19.3 Under section 11 of the Act, in any proceedings for
a divorce or separation order the court must consider whether the circumstances
of the case require it to use its powers under the Children Act 1989 in respect
of the welfare and upbringing of the child and, if
it so decides, it may delay
granting the divorce or separation order. The child’s welfare is
paramount in deciding this issue.
The court will also have particular regard
to:
(a) The wishes and feelings of the child in the light of his age and
understanding and the circumstances in which those wishes were
expressed;
(b) The conduct of the parties towards the
child;
(c) The principle that in the absence of evidence to the contrary
the child’s welfare is best served by regular contact with
those who have
parental responsibility for him and with other members of his
family;
(d) The aim that the child should have as good a continuing
relationship with his parents as possible; and
(e) Any risk arising from
arrangements for his care and upbringing.
7.19.4 The provision of legal
aid funding for mediation in family disputes under Part III of the Act is
already available in many areas and will be made available throughout England
and Wales. Currently the Legal Aid Board
is granting contracts to suppliers of
mediation services to permit phased implementation, so as to ensure that
sufficient quality-assured
services are available to meet the demand for
mediation services. A total of 140 mediation services in all areas of England
and
Wales have already been awarded contracts and a further 110 contracts will
be awarded by the end of July 1999. Under the terms of
the legal aid
franchises, suppliers are required to meet the following
standards:
(a) Suppliers must have documented child protection
procedures and must be able to demonstrate how child protection cases are
identified
and referred to the appropriate bodies;
(b) Suppliers must have documented procedures to show that, where children
are consulted directly as part of the mediation, they
have addressed the issues
of:
− parental consent;
− the purpose of the consultation;
− preservation of absolute child confidentiality except where child protection issues arise;
(c) Suppliers must have documented
procedures designed to ensure that clients are encouraged to consider:
− the welfare, wishes and feelings of the child;
− whether and to what extent each child should be given the opportunity to express his or her wishes and feelings in the mediation.
7.19.5 In addition section 29, requiring those
seeking legal aid in family proceedings first to attend a meeting to consider
whether
mediation might be suitable for their case, is being introduced on an
area by area basis as adequate provision becomes available.
The provisions of
this section will also be implemented throughout England and
Wales.
7.19.6 Part IV, providing a single set of civil remedies to
deal with domestic violence and to regulate occupation of the family home, was
implemented
on 1 October 1997. With the leave of the court, and provided the
court is satisfied that the child has sufficient understanding,
a child under
sixteen may apply for an occupation order or a non-molestation order.
Non-molestation orders prohibit a person from
molesting another adult or child
associated with them. Occupation orders deal with the regulation of the
occupation of dwelling
houses, and would be available only to a child with
existing rights in the property.
7.20 Adoption, fostering and family proceedings - views of NGOs
Article 21
7.20.1 The British
Agencies for Adoption and Fostering (BAAF) have welcomed the steps being taken
by the Government to conclude bilateral
agreements with other countries on
intercountry adoption. They have however expressed a desire to see stronger
measures for ensuring
the child’s right to be heard in judicial and
administrative procedures affecting the child, and for the child’s rights
to have his or her views given due weight need to be strengthened. In
particular:
(a) The child is not normally entitled to party status in
adoption proceedings;
(b) In England and Wales, the child may have no
representation or other voice in proceedings between parents concerning
residence
and contact, or in applications by fathers for parental
responsibility.
7.20.2 The BAAF have made clear their strong support for the
Utting and Kent reports, and in particular the recommendation for the
registration of private foster carers.
7.21 Recent legislative measures: regulations to prohibit the placement of children with persons who might put them at risk
Articles 19, 39
7.21.1 In October
1997 an important measure for the further protection of children was effected by
the introduction of the Children
(Protection from Offenders) (Miscellaneous
Amendments) Regulations.[53]
The purpose of the 1997 Regulations, which came into effect
on 17 October 1997, is to prohibit the approval by adoption
agencies,
local authorities or voluntary organizations acting as responsible
authorities of any person as a foster carer or adoptive parents
where either
that person or any adult member of that person’s household over the age of
18 years is known to have been convicted
of, or cautioned for, a specified
offence. To this end, the 1997 Regulations amend the Adoption Agencies
Regulations 1983, the Foster
Placement (Children) Regulations 1991, the
Children’s Homes Regulations 1991 and the Disqualification for Caring for
Children
Regulations 1991.
7.21.2 Specified offences include those
offences, other than the offence of common assault and battery, specified in
Schedule 1 to
the Children and Young Persons Act 1933, offences in Schedule 1 of
the Sexual Offences Act 1956 (rape), section 1 of the Protection
of Children
Act 1978 and section 160 of the Criminal Justice Act 1988 (offences
relating to indecent photographs of children). These
offences are now included
in the Schedule to the Disqualification for Caring for Children Regulations
1991.[54]
7.22 Recent legislative measures in England and Wales: making information available to adopted children
Article 21
7.22.1 New
regulations were introduced in July 1997 which require the adoption agency to
make available to the adoptive parents information
about the child and his or
her background, at the latest when the adoption order is made. The purpose of
the information is to assist
the adoptive parents to tell the child something of
his background. The Adoption Agencies and Children (Arrangements for Placement
and Review) (Miscellaneous Amendments)
Regulations 1997[55]
provide that such information as was made available by the adoption agency
should be made available to the child before he reaches
his eighteenth birthday.
Ideally, the information should be given to the child gradually as he grows up
so that he will be aware
of the fact of his background and adoption and be
comfortable with that knowledge.
7.23 Intercountry adoption
Article 21
7.23.1 Where a State
of origin is prepared to allow some of its children who have no family to be
adopted by families living overseas,
the United Kingdom, as a receiving State,
is in consequence obliged in practice to accept that the State of origin cannot
provide
alternative families for these children. Conditions in these States of
origin are well documented and the extent of availability
of child welfare
services is well known. However, the United Kingdom takes appropriate measures
to satisfy itself about conditions
which exist in some countries including
making fact-finding visits.
7.23.2 Adoption legislation in the United
Kingdom provides for a child who is adopted overseas to be provided with
safeguards and
standards of care equivalent to those enjoyed by children born
and adopted within the United Kingdom. Also, one of the effects of
the making
of an adoption order in a United Kingdom court, or recognizing the effects of an
adoption order made in certain specified
(“designated”) countries,
is that the adopted child is to be regarded in law as if he or she was a child
of the adopters’
marriage. The same legislation makes it an offence for
an authorized person or body to obtain improper financial gain from making
arrangements for adoption.
7.23.3 The local authority or approved
adoption agency who arranged the adoption will be required to monitor the
progress of the child
until an adoption order is made - at least one year from
the time the child entered the United Kingdom. Where a child has been adopted
in a country whose adoption is recognized by the United Kingdom, that child is
automatically regarded as a child of the marriage
of the adoptive parents and
therefore the adoption agency has no further involvement in the process once the
child enters the United
Kingdom.
7.23.4 The United Kingdom played a full
part in the 1993 Hague Conference on Protection of Children and Cooperation in
Respect of
Intercountry Adoption and formally signed the Convention on 12
January 1994. The United Kingdom is working with several countries
with the aim
of entering into formal intercountry adoption agreements; these agreements are
firmly based on the principles of the
1993 Convention and set out the process
and procedures which will permit United Kingdom citizens to adopt children in
the respective
country.
7.23.5 The Government passed the Adoption
(Intercountry Aspects) Act 1999 which enables the United Kingdom to give effect
to the 1993
Hague Convention on Protection of Children and Cooperation in
Respect on Intercountry Adoption. The Act also places a responsibility
on the
public bodies to undertake intercountry adoption work and makes it an offence
for a person to bring a child to the United
Kingdom without approval. Its
provisions will enable a more efficient process to be introduced for improving
intercountry adoption.
7.23.6 The legislation will allow the United
Kingdom to join 34 other countries which to date have ratified or acceded to the
Convention.
Ratification is expected to take place before the end of the
year 2000. The Act provides effective measures to protect children
living
overseas and also places intercountry adoption on a firm legislative footing
along with domestic adoption.
7.23.7 Article 21 embodies the sound
legislative provisions and principles of good social work practice which the
United Kingdom recognizes,
most of which is already contained in existing
adoption law and practice.
7.23.8 Statistics on intercountry adoption in the United Kingdom are
below:
Figure 1. Overseas adoption 1993-1997
Number of Overseas adoption applications
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999 Jan.Apr.
|
Total 19931999
|
|
---|---|---|---|---|---|---|---|---|
Albania
|
1
|
1
|
1
|
1
|
0
|
0
|
0
|
4
|
Algeria
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
1
|
Argentina
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
Armenia
|
0
|
0
|
1
|
0
|
0
|
0
|
0
|
1
|
Bahrain
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
1
|
Belarus
|
0
|
0
|
0
|
0
|
1
|
1
|
1
|
3
|
Bolivia
|
1
|
0
|
1
|
0
|
0
|
0
|
1
|
3
|
Brazil
|
3
|
3
|
7
|
4
|
4
|
3
|
0
|
24
|
Bulgaria
|
2
|
3
|
0
|
2
|
0
|
4
|
1
|
12
|
Burundi
|
0
|
0
|
0
|
0
|
1
|
0
|
0
|
1
|
Canada
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
Cambodia
|
0
|
0
|
0
|
0
|
0
|
2
|
0
|
2
|
Chile
|
1
|
1
|
1
|
0
|
4
|
4
|
0
|
11
|
China
|
3
|
1
|
1
|
4
|
4
|
7
|
0
|
20
|
Colombia
|
0
|
0
|
0
|
0
|
1
|
0
|
0
|
1
|
Czech Republic
|
0
|
0
|
0
|
0
|
1
|
0
|
0
|
1
|
Egypt
|
0
|
0
|
0
|
1
|
0
|
0
|
0
|
1
|
Eire
|
0
|
0
|
0
|
0
|
0
|
1
|
0
|
1
|
El Salvador
|
1
|
3
|
1
|
0
|
0
|
0
|
0
|
5
|
Estonia
|
0
|
0
|
0
|
0
|
3
|
0
|
0
|
3
|
Ethiopia
|
1
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
Greece
|
0
|
0
|
0
|
0
|
1
|
0
|
0
|
1
|
Guatemala
|
2
|
3
|
12
|
16
|
26
|
20
|
2
|
81
|
Honduras
|
0
|
1
|
0
|
0
|
0
|
0
|
0
|
1
|
Hong Kong
|
1
|
0
|
0
|
1
|
0
|
0
|
0
|
2
|
Hungary
|
1
|
1
|
1
|
0
|
1
|
0
|
0
|
4
|
India
|
16
|
20
|
22
|
29
|
21
|
22
|
8
|
138
|
Indonesia
|
1
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
Iran
|
0
|
0
|
0
|
1
|
0
|
0
|
0
|
1
|
Israel
|
1
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
Jamaica
|
2
|
0
|
0
|
0
|
1
|
0
|
0
|
3
|
Japan
|
0
|
0
|
0
|
0
|
0
|
1
|
0
|
1
|
Jordan
|
0
|
0
|
0
|
0
|
1
|
0
|
0
|
1
|
Latvia
|
1
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
Lebanon
|
0
|
2
|
0
|
0
|
1
|
0
|
0
|
3
|
Lithuania
|
0
|
0
|
0
|
0
|
0
|
1
|
0
|
1
|
Madeira
|
0
|
0
|
0
|
0
|
1
|
0
|
0
|
1
|
Mauritius
|
0
|
0
|
0
|
0
|
1
|
0
|
0
|
1
|
Mexico
|
0
|
0
|
1
|
0
|
0
|
2
|
0
|
3
|
Nepal
|
1
|
1
|
1
|
1
|
1
|
2
|
0
|
7
|
Nicaragua
|
0
|
0
|
0
|
1
|
0
|
0
|
0
|
1
|
Nigeria
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
Pakistan
|
1
|
2
|
3
|
1
|
3
|
2
|
4
|
16
|
Panama
|
1
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
Paraguay
|
8
|
16
|
6
|
1
|
1
|
0
|
0
|
32
|
Peru
|
1
|
0
|
0
|
0
|
1
|
1
|
0
|
3
|
Philippines
|
7
|
2
|
1
|
5
|
4
|
4
|
0
|
23
|
Poland
|
2
|
1
|
2
|
1
|
1
|
2
|
0
|
9
|
Romania
|
22
|
14
|
9
|
10
|
5
|
17
|
4
|
81
|
Russia
|
1
|
4
|
4
|
3
|
3
|
13
|
5
|
33
|
Serbia, Republic of
|
0
|
1
|
0
|
0
|
0
|
0
|
0
|
1
|
Sierra Leone
|
0
|
0
|
1
|
0
|
0
|
0
|
0
|
1
|
Singapore
|
0
|
0
|
0
|
1
|
1
|
0
|
0
|
2
|
Sri Lanka
|
4
|
6
|
3
|
2
|
3
|
0
|
1
|
19
|
Taiwan
|
0
|
0
|
0
|
0
|
0
|
1
|
0
|
1
|
Tanzania
|
1
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
Thailand
|
4
|
10
|
5
|
10
|
10
|
13
|
8
|
60
|
Trinidad
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
Turkey
|
1
|
1
|
1
|
0
|
0
|
0
|
0
|
3
|
Ukraine
|
2
|
0
|
1
|
0
|
0
|
2
|
0
|
5
|
United States of
America |
4
|
0
|
8
|
4
|
5
|
8
|
2
|
31
|
Viet Nam
|
0
|
1
|
1
|
1
|
3
|
2
|
0
|
8
|
Venezuela
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
Yugoslavia
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
2
|
Total
|
101
|
115
|
154
|
308
|
223
|
258
|
86
|
1 245
|
7.24 Nationality consequences of adoption
Articles 7, 21
7.24.1 The present
law on acquisition of British citizenship through adoption is contained in the
British Nationality Act 1981. Under
this Act, a child adopted in the United
Kingdom by a British Citizen becomes such a citizen automatically from the date
of the adoption
provided at least one of the adopters is a British citizen at
the time the adoption order is made. There is at present no similar
provision
for children adopted by British citizens outside the United Kingdom. Instead,
the Home Secretary is normally prepared
to use his discretionary power to
register any minor as a British citizen where at least one of the adoptive
parents is a British
citizen otherwise than by descent and he is satisfied that
the adoption was not arranged merely to facilitate the child’s admission
to this country. In the Government’s view this practice enables the
United Kingdom to meet its obligations under the 1967
European Convention
on the Adoption of Children.
7.24.2 The possibility of providing for
the automatic acquisition of citizenship by children adopted overseas was
considered prior
to the introduction of the 1981 Act. A number of potential
problems were identified. Such acquisition might have caused some children
to
lose their original citizenship, either at once or on reaching adulthood. The
arrangement might also have resulted in the widespread
acquisition of British
citizenship by people having no connection with the country beyond the adoptive
parent-child relationship.
The stated purpose of the 1981 Act, on the
other hand, was to limit the acquisition of British citizenship to those with
rather
more substantial United Kingdom connections. Finally, it was feared that
in some cases, intercountry adoptions might have been arranged
with the sole aim
of circumventing British immigration controls, perhaps by unscrupulous third
parties for financial gain.
7.24.3 The advantage of the registration
procedure is that the adoptive parents (and, where appropriate, the child) can
be made aware
of the possible consequences of acquiring British citizenship and
so make an informed decision on whether or not to proceed. It
also enables the
Home Secretary to refuse citizenship where there are concerns about
irregularities in the adoption process.
7.24.4 It is hoped that the 1993
Hague Convention on Intercountry Adoption, when fully implemented, will serve to
eliminate some of
the worst abuses of the intercountry adoption process. The
United Kingdom intends to ratify the Convention in due course but, like
other
signatories, will first need to make some changes to its domestic law on
adoption. An individual Member of Parliament has
recently introduced a Bill on
intercountry adoption which seeks to amend the British Nationality Act 1981 so
that once the United
Kingdom has ratified the Convention, children resident
outside the United Kingdom who are the subject of 1993 Convention adoptions
by British citizen parents who are resident in the United Kingdom would acquire
British citizenship automatically. If the Bill is
successful the United Kingdom
will be able to ratify the Convention in the year 2000.
7.25 Consultation on possible changes in the determination
of paternity and the
parental responsibilities of unmarried
fathers
Articles 9, 20, 27
7.25.1 The
Government carried out a public consultation in the spring of
1998[56] to seek views on
possible changes to the law on the determination of paternity through the courts
and on the acquisition of parental
responsibility by unmarried
fathers.
7.25.2 Paternity: At present there are two separate
procedures in England and Wales for obtaining a determination of paternity
through the courts.
The consultation addressed the feasibility of establishing
a single procedure.
7.25.3 Parental responsibility: The Children
Act 1989 introduced a new concept of “parental responsibility”,
defined as “all the rights, duties,
powers, responsibilities and authority
which by law a parent of a child has in relation to the child and his
property”. The
Act confers parental responsibility automatically on all
mothers, married or unmarried, and on married fathers. It also introduced
a new
procedure for an unmarried father to acquire parental
responsibility by making an agreement with the mother, which must be properly
witnessed and registered with the court. In cases where
the parents are unable
to reach agreement the father may apply to the court for a parental
responsibility order.
7.25.4 The consultation discussed two main
questions - whether it was right in principle to make it easier for unmarried
fathers to
acquire parental responsibility for their children, subject to any
necessary safeguards, and whether automatic parental responsibility
should be
limited to certain categories of unmarried fathers, such as a father who
registers the child’s birth jointly with
the
mother.
7.25.5 Following consideration of the results of the
consultation, the Government announced on 28 June 1998 that it had
concluded
that parental responsibility should be conferred on unmarried fathers
who sign the birth register jointly with the mother. More
than 70 per cent of
unmarried fathers already do that.
7.25.6 A separate consultation has
been carried out in Scotland (see section 2.5.4 of this report). Any
legislation there, will be
a mater for the Scottish Parliament.
7.26 Recovery of maintenance for the child
Article 27
7.26.1 The Government
believes that all children are entitled to the financial and emotional support
of both their parents, wherever
they live. The child support scheme, which
applies in England, Wales and Scotland, aims to ensure that non-resident parents
fulfil
their financial responsibilities towards their children. Regular
payments of child maintenance can transform the lives of lone mothers
and their
children, providing a stable income that can help lone mothers off Income
Support and into work. An equivalent scheme
operates in Northern
Ireland.
7.26.2 The Child Support Agency assesses maintenance and either
collects it or arranges for it to be paid direct from the non-resident
parent to
the parent with care. At May 1998, the Agency had a caseload of 786,000 and in
1997-1998 it collected and arranged almost
£550 million in
maintenance.
7.26.3 The child support scheme has not yet gained the
cooperation of all non-resident parents. In the quarter up to May 1998, only
35
per cent of non-resident parents paid all their regular maintenance due.
Support among parents with care has also declined recently:
as many as 7 in
every 10 who have made a claim for Income Support tried to avoid applying for
child support. Steps are being taken
to improve the compliance of parents,
including using the telephone more actively and interviewing parents with care
about child
support when they claim benefit. In addition, and extra £15
million is being invested in the Child Support Agency this year
and next,
specifically aimed at increasing the amounts of maintenance which are
paid.
7.26.4 Where a non-resident parent refuses to pay, the Child
Support Agency may secure regular payments by serving a deduction from
earnings
order on his employer. If the nonresident parent is not working for an
employer, or a deductions from earnings order is
ineffective, an application can
be made to the magistrates’ court for a liability order. Such an order
authorizes the use
of enforcement action to recover the debt (entering the
liability order on the Register of County Court judgements which may affect
the
parent’s credit rating, or sending bailiffs to seize goods to the value of
the maintenance due).
7.26.5 A fundamental problem with the current
scheme is the complex formula used to calculate maintenance liability. Up to
100 pieces
of information may be required, leading to lengthy processing times,
high error rates and providing every opportunity for the potentially
uncooperative parent to frustrate the process. The Agency spends 90 per cent of
its time assessing cases and keeping assessments
up to date and only 10 per cent
of its time enforcing payment.
7.26.6 In July 1998, the Government
published a Green Paper Children First: a new approach to child
support[57] setting out
proposals for a new, local, customer-focused child support scheme based on a
radically simpler method of assessment.
7.26.7 To ensure that women and
their children on the lowest incomes see financial benefit from cooperating with
the Child Support
Agency a Child Maintenance Premium is proposed. Parents with
care on Income Support would be allowed to keep up to £10 per
week of the
maintenance paid for their children.
7.26.8 The proposed child
maintenance service will have a simple transparent formula, enabling parents to
know before they apply for
an assessment roughly how much child maintenance to
expect. For those fathers who earn £200 a week or more, liability will
be
based on a simple percentage of net income: 15 per cent for one child; 20 per
cent for two children; and 25 per cent for three
or more children.
There will be a flat rate of £5 for fathers with incomes of less than
£100 per week and a sliding scale
for those with incomes between £100
and £200. There will also be an allowance for any children in the
non-resident parent’s
new family.
7.26.9 The new scheme will
improve the situation for lone mothers - maintenance should be assessed quickly
and accurately, providing
a vital bridge from dependency on benefit to the world
of work. The scheme will also work better with other support for families
such
as mediation. It will support continuing contact for non-resident parents and
make improved provision for parents who have
shared care of their children.
7.26.10 The consultation period on the Green Paper ended on 30 November
1998. Extensive consultation has been undertaken, and over
1,500 responses to
the Green Paper received. MPs, academics and NGOs have been invited to meet the
Minister and officials. The
results of this exercise have not yet been fully
analysed, but will be published in due course. Legislative and operational
constraints
mean that the new scheme cannot be introduced immediately. However,
a number of improvements are already under way or planned within
the Child
Support Agency to pave the way for radical reform,
including:
(a) Extended working hours;
(b) A simpler and more
efficient process for making and appealing decisions;
(c) Reorganization
to centralize processing work and free local staff to concentrate on providing
advice face to face for those clients
who require this
service.
7.26.11 An extra £12 million has been allocated to the
Child Support Agency in 1998-1999 for a number of customer-focused initiatives
including improvements to the telephone service and more user-friendly forms and
letters.
7.27 Hague Convention on the Civil Aspects of International Child Abduction
Article 11
7.27.1 The 1980 Hague
Child Abduction Convention provides procedures for the return of wrongfully
removed or wrongfully retained children
to their country of habitual
residence.
7.27.2 The Hague Conference organizes a rolling programme of
reviews of the various Hague Conventions in which all contracting states
participate. The most recent Special Commission to review the 1980 Convention
took place in March 1997. The United Kingdom proposed,
and the review meeting
accepted, that contracting states had a responsibility to ensure the safety of
children returned to their
country of habitual residence. The Hague Conference
is considering how to take this forward.
7.28. European Convention on Family Matters (Brussels II)
Article 11
7.28.1 A Convention
on Jurisdiction and Recognition and Enforcement in certain Family
Matters[58] was signed by
Ministers of the European Union in May 1998. The Convention will ensure that
orders in Member States in divorce and
similar cases, including orders affecting
children made at the time of the divorce, will generally be recognized
throughout the European
Union with the minimum of procedural
requirements.
7.28.2 The Convention has three main
elements:
(a) It lays down the circumstances in which courts in Member
States are to have competence to hear proceedings for divorce, nullity
and
judicial separation, and proceedings for parental responsibility orders made in
the context of matrimonial proceedings.
(b) It lays down rules to
regulate the situation where there are concurrent matrimonial proceedings in
courts of different Member
States involving the same parties, but not
necessarily the same type of case, for example where there are divorce
proceedings in
one country and, at the same time, nullity proceedings in
another.
(c) There is a provision for the recognition and enforcement
throughout the European Union of matrimonial decrees and orders made
under the
Convention. This includes limited grounds for refusal or recognition and
enforcement in appropriate cases.
7.28.3 This Convention has been drafted
with the intention that its provisions should not interfere with the operation
of the 1980
Hague Convention on International Child Abduction.
7.29 The 1996 Hague Convention
Articles 3, 5, 11, 18, 20
7.29.1 The United
Kingdom participated in the negotiations leading up to the 1996 Hague Convention
on the Protection of
Children.[59] The Government
expects to consult on whether to ratify the Convention. Issues to be addressed
include the grounds of jurisdiction
applicable to orders relating to children,
provision for the transfer abroad of such jurisdiction and grounds of
recognition and
enforcement of such orders. This convention has been drafted
with the intention that its provisions should not interfere with the
operation
of the 1980 Hague Convention on International Child Abduction.
7.30 International enforcement of maintenance orders
Article 27
7.30.1 The United
Kingdom has agreements with a number of countries for the reciprocal enforcement
of maintenance orders. Some of
these agreements have been negotiated with
individual countries and others arise from international conventions on
maintenance which
the United Kingdom has signed and ratified. These
arrangements are designed to assist a parent in one country to recover
maintenance,
on behalf of themselves or a child, from the absent parent residing
in the other.
7.30.2 The Hague Conference on private international law
arranged a Special Commission to consider the conventions on Maintenance
Obligations, which met in April 1999. The meeting examined problems and decided
to seek solutions in this area. The United Kingdom
will participate fully in
this work.
7.31 Reservation relating to immigration and nationality
7.31.1 The Committee raised the concern that
the reservation relating to the application of the Immigration and Nationality
Act might
not be compatible with the principles and provisions of the
Convention, including those of its articles 2, 3, 9 and 10. The Committee
asked
the United Kingdom to review the reservation with a view to withdrawing it
and has suggested that a review be undertaken of
nationality and
immigration laws and procedures to ensure their conformity with the principles
and provisions of the Convention.
7.31.2 The Government believes that the
United Kingdom’s immigration and nationality law is entirely consistent
with the Convention.
In fact the United Kingdom makes generous provision both
for the admission of foreign children to join parents settled here, and
for the
acquisition of citizenship. In the years 1986-1996, 98,000 children were
granted settlement and 103,587 were registered
as British Citizens.
7.31.3 It should be borne in mind that the chairman of the working group
which drafted the Convention explicitly stated that article
9 on the separation
of children from their parents was intended to apply to domestic law, and not to
international situations; and
that article 10’s family reunion provisions
were not intended to affect the general right of states to establish and
regulate
their immigration laws in accordance with their international
obligations. In other words, the Convention is not intended to establish
any
new rights in relation to immigration.
7.31.4 Notwithstanding this, to
avoid argument about the extent to which the fine detail of immigration and
nationality law is or
is not in keeping with the letter or spirit of the
statements, necessarily generalized, about children’s rights contained in
the Convention, the United Kingdom entered a reservation which made it
clear, for the avoidance of doubt, that nothing in the Convention
was to be
interpreted as affecting the operation of United Kingdom immigration and
nationality legislation.
7.31.5 The United Kingdom has made similar
reservations, for the same reason, to several other human rights conventions,
including
the International Covenant on Civil and Political Rights.
8. BASIC HEALTH AND WELFARE
This chapter covers articles:
6 Right to life
18 Responsibilities of
parents and guardians
23 Rights of disabled
children
24 Right to health
care
26 Right to social security and
insurance
27 Right to standard of living and parental
responsibility for maintenance
8.1 General policy on child health
Article 24
8.1.1 Health
is a constant theme of Government policy, which is concerned with taking
determined action to deal with the social and
economic influences which
undermine health:
− The Welfare to Work budget has set in hand a New Deal to fight joblessness;
− The worst excesses of low pay will be tackled through a national minimum wage;
− Social exclusion will be the subject of a long-term, determined and coordinated Government effort;
− Repairs and new building will provide decent housing, paid for by the phased release of councils’ accumulated proceeds from the sale of council houses;
− An integrated transport and environment policy will ensure better public transport and a healthier environment for all;
− Tough measures on crime will help ensure that families and communities have the chance of healthier lives; and
− Education reforms, such as nursery education, smaller classes and higher standards, will give families the means to better themselves and so improve their health.
8.1.2 The Government intends to take action to
ensure that all those responsible for the provision of health and social
services pay
particular attention to those at greatest risk and those who have
the most difficulty in having access to health and social care.
There are three
levels for action to deliver the agenda for better health: central Government;
regions and communities; and individuals.
Central Government cannot do
everything, but it can set the agenda and priorities for local and community
action.
8.2 The Parliamentary Select Committee on Health: Reports on Health Services for Children and Young People
Articles 23, 24
8.2.1 Since the
United Kingdom’s First Report the all-party Parliamentary Health Select
Committee has conducted a wide-ranging
inquiry into all aspects of
children’s health service provision. The Committee published its terms of
reference and an appeal
for evidence in summer 1995 - in order to give all those
organizations working in the field of child health ample opportunity to
prepare
and submit evidence. The Committee received over 500 submissions from some 400
organizations and individuals. There followed
a series of oral hearings,
starting in February 1996 and continuing into January 1997 at which the views of
professional and voluntary
organizations with an interest in child health issues
were fully represented. Government Ministers were interviewed, as were the
Chief Medical Officer, Chief Nursing Officer and a number of health officials,
all working in the administration of health services
for children. The
Committee appointed a team of specialist advisers in paediatric nursing,
paediatric medicine and child mental
health to supply information otherwise not
readily available, and to elucidate matters of complexity. The Committee also
made a
series of visits to a number of centres of child health service
provision.
8.2.2 The Committee published its findings in four
reports,[60] from February
1997 to March 1997, just prior to the Dissolution of Parliament, election
and appointment of a new Government. The
Committee decided to express its views
by highlighting such concerns as it felt necessary and making appropriate
recommendations
to the incoming Government. A Command Paper setting out
the new Government’s response to the Health Committee’s inquiry
into
health services for children and young people was published in November
1997.[61] The Government
chose to make a single response because of the common themes running through the
Committee’s four reports.
8.2.3 In their reports, the Committee
looked at the health needs of children and adolescents and the extent to which
those needs are
met by the National Health Service and other agencies. Their
reports considered the health needs of healthy children as well as
those of
acutely ill children, children with chronic illnesses or disability, children
with a life threatening or terminal condition
and child and adolescent mental
health services. The Government welcomed the reports, as they make a
substantial contribution to
the debate about children’s health. The
Government appreciated the Committee’s view that, while the overall state
of
children’s health is encouraging with a steady fall in childhood
mortality rates and significant improvements in both incidence
and severity of
childhood diseases, there is scope for further progress.
8.2.4 The
Government particularly welcomed the Committee’s endorsement of the
principles set out in the existing guidance documents
on children’s health
services - The Welfare of Children and Young People in
Hospital,[62] Child
Health in the Community - A Guide to Good
Practice[63] and A
Handbook on Child and Adolescent Mental
Health.[64] These will
continue to be important guidelines for the service. In Scotland At Home in
Hospital - A Guide to Care of Children and Young People and Caring for
Sick Children provide similar guidance on the provision of care and
treatment of children in
hospital.[65]
8.2.5 The
Government agreed with the Committee that the health needs of children are
significantly different from those of adults,
that some children may be
vulnerable, and that the provision of effective health services for children
depends upon a thorough understanding
of their special needs. The future
strategy for children’s services in the National Health Service will be
founded on this
important understanding and based on the following basic
principles which lie at the heart of the Government’s health
policy:
promoting fairness
− with a public health policy which will reduce the inequalities in health status of the population by tackling the fundamental causes of ill health;
− by reducing variations in access to and use of services;
− by working together across government, in the public and private sectors, to ensure the importance of children’s needs is recognized.
improving the quality of services, especially
− the effectiveness of treatment, in terms of outcome for the patient;
− the skill, care and continuity with which the service is delivered;
− the accessibility of the service in terms of distance, time, physical access, language and understanding;
− the delivery of the service, covering the physical environment of care, and ensuring the service is managed and delivered in an efficient and courteous manner.
promoting partnership and cooperation, between all agencies within health, social services and education to deliver a seamless service.
8.3 Child health - views of NGOs
8.3.1 NGOs commented
on the existence of evidence for improvements in the status of children’s
health, as reflected in the independent
Health Select Committee’s
Investigation and subsequent series of reports.
8.3.2 The evidence base
for the Health Select Committee’s view of improvement is significant and
covers a range of morbidity.
Cystic fibrosis and cancer treatments offer
examples of this, with a substantial improvement in life expectancy over the
last 30
years following the introduction of new intensive treatments for cystic
fibrosis. Mortality rates for childhood cancer halved between
1970 and 1985.
However the Government recognizes a number of areas for development,
modernization and improvement. As an example,
although rates of infant
mortality have fallen significantly, as indicated in the table below, it is
recognized that further work
needs to be done to reduce rates
further.
8.3.3 Infant mortality (death under one year) rates have
continued to fall since the United Kingdom’s first report to the
United
Nations, the lowest rate ever recorded for England and Wales is now
(1998) at 5.7 deaths per 1,000 live births. One contributory
aspect to infant
mortality is the incidence of Sudden Infant Death - a condition where babies
predominately under the age of one
year die without there being apparent cause.
The incidence of such deaths has decreased by 60 per cent since 1991, when the
Chief
Medical Officer’s expert advisory group produced guidance on the
avoiding risk factors associated with the occurrence of cot
death. This work
and the publicity campaign “Back to Sleep” and
“Reduce the Risk of Cot Death” to advise new parents on the
avoidance of cot death continues in liaison with the voluntary sector, and in
particular with
the organization the Foundation for the Study of Infant Deaths.
The Government also continues to fund the work of the Confidential
Enquiry into
Stillbirths and Deaths in Infancy (CESDI) which produces an annual report on
matters of significance to the health care
of children under one year of
age.
Article 24
Figure 2. Infant mortality
Infant mortality rates
All deaths at ages under one year England and Wales
(rates
per 1,000 live births)
Rate
|
|
1946
|
42.9
|
1951
|
29.7
|
1956
|
23.7
|
1961
|
21.4
|
1966
|
19.0
|
1971
|
17.5
|
1976
|
14.3
|
1981
|
11.1
|
1986
|
9.6
|
1991
|
7.4
|
1996
|
6.1
|
1997
|
6.0
|
8.4 “Our Healthier Nation”
Article 24
8.4.1 The Government
published a consultation document, Our Healthier
Nation,[66] in
February 1998, with a general consultation period which ran to 30 April
1998. The Green Paper discharges commitments to tackle
the root causes of
ill-health - poverty, unemployment, poor housing and polluted environment.
There are two key aims:
(a) To improve the health of the population as a
whole; and
(b) To improve the health of the worst off.
8.4.2 The
strategy covers the entire population including the health of children, and
includes three key settings: schools, workplaces
and neighbourhoods, with a
focus on joint working at and across all levels. The Paper covers the
contribution of a decent education
to the capacity to make healthier choices and
the link between poor educational achievement and unwanted pregnancy in the
early teenage
years. It goes on to identify healthy schools as one of three
settings offering the opportunity to focus the drive against health
inequalities
and improve health overall.
8.4.3 The Green Paper consultation process drew over 5,500 responses, of
which more than 90 per cent were supportive of the Green
Paper
proposals. Analysis of the responses will be a key strand in the
development of a definitive White Paper, to be published
shortly - which will
also include the findings of Sir Donald Acheson’s Independent Inquiry into
Inequalities in Health, the
Chief Medical Officer’s Project to review the
public health function, and an interim review of the Health of the Nation
initiative.
8.4.4 One of the Government’s 18 interdepartmental
neighbourhood renewal Policy Action Teams, set up from September 1998, has
highlighted the contribution participation in arts and sport can make to
improving physical and mental health. The Government has
welcomed the report
and intends to complement many of its recommendations.
8.5 Health care in Scotland
Article 24
8.5.1 Similarly, in
Scotland the Government’s policy is to ensure that all children and their
families have equality and ease
of access to an appropriate, seamless,
comprehensive and coordinated service, which is integrated with services,
provided by the
local authority, such as education, social work services,
housing and the environment.
8.5.2 The Chief Medical Officer in Scotland
undertook a comprehensive review of the role of acute hospital services in the
network
of clinical services in Scotland in 1997-1998. The review paid
particular attention to the needs of children, according special
recognition to
the services for them in the NHS in Scotland. A subgroup of the review
considered the treatment services for children,
assessing future needs for
paediatric nursing, paramedical staff, paediatric surgery, neonatal care,
networking, community child
health and general paediatrics.
8.5.3 The
review recognized the need to deliver a combined service of care separate from
adults across a continuum of primary, secondary
and tertiary care with
appropriate links to maternity and adolescent-adult services. Services should
be “child-centred”
with provision of inpatient facilities that are
separate from those of adults, adolescents having the freedom to choose between
child
and adult in-patient facilities should special provision for them not be
available.
8.5.4 The review endorsed the importance of the continuing
development of a integrated service for children in which the work of the
NHS in
Scotland is integrated with that of Local Authorities, Education and Social Work
Services and in the case of non-accidental
injury and child abuse, with police
forces.
8.5.5 The review suggested retaining local access to services but
recognized that certain high technology services will have to be
concentrated in
order to be sustainable and of high quality. The review also endorsed the
recommendation that Health Boards should
have a designated commissioner of
services for children.
8.5.6 The Department of Health will be taking
forward the work of the review.
8.6 Towards a Healthier Scotland
Article 24
8.6.1 A White Paper
Towards a Healthier
Scotland[67] was
published in February 1999. It sets out a new strategy for improving public
health through a three level approach based on tackling
life circumstances,
lifestyles and priority health topics. The Paper has the overarching aim of
reducing health inequalities. Partnership
working between agencies - including
the NHS, local authorities, private and voluntary organizations and local
communities - is central
to the strategy.
8.6.2 Ministers are still
considering the White Paper but they have accepted the key principles of the
strategy.
8.6.3 The White Paper is concerned with the health of the
population as a whole but places particular emphasis on the health of children
and young people. Child health is included in the list of priority health
topics. A child health resource pack will be produced
to assist agencies to
plan and implement coordinated programmes to support children and their families
in fulfilling their potential.
8.6.4 One of the key initiatives is the
establishment of four demonstration projects which will point the way towards
integrated working
between agencies and encourages the dissemination of best
practice. Two of the demonstration projects will concentrate on children.
“Starting Well” will focus on the promotion of health and protection
from harm in the period leading up to birth and
throughout the first five years
of life. “Healthy Respect” will foster responsible sexual behaviour
on the part of Scotland’s
young people with emphasis on the avoidance of
unwanted teenage pregnancies and sexually transmitted disease.
8.6.5 In
addition to the “Healthy Respect” project, funding will be provided
for expertise to be made available to many
more schools in Scotland in order to
promote a more informed and responsible approach to sexual matters on the part
of young people.
8.6.6 On diet, the framework of Eating for Health: A
Diet Action Plan for
Scotland[68] is endorsed.
The Plan recognizes the need to influence diet from a very young age. The White
Paper also announces that a national
dietary coordinator will be appointed to
give impetus to implementation of the Plan; breastfeeding will be one of the
areas on which
the coordinator will focus.
8.6.7 Headline targets
included in the Paper, as a focus for action, cover a range of topics. Those
targets relating to children
and young people include smoking, teenage pregnancy
and dental health. Relevant second rank targets relate to diet, alcohol misuse
and physical activity.
8.6.8 The Oral Health Strategy for Scotland was
published in December 1995. This strategy identified that everyone should have
the
opportunity of a healthy functional mouth throughout life; by adoption of a
healthy diet, by sensible use of preventative measures
and by access to dental
treatment for oral healthcare when required. It added a new target for children
that by the year 2005 children
aged 12 are to have an average of no more than
1.5 permanent teeth decayed, missing or filled. The strategy emphasized the
need
for a multi-disciplinary collaboration at national and local level with
Health Boards, the dental profession, the medical and allied
professions, local
authorities, schools, nursery schools, playgroups, the media, employers,
manufacturers and retailers, all being
identified as having an important
contribution to make to the improvement of oral health. It identified areas of
action to achieve
national targets - diet, health promotion, fluoridation, the
role of the individual and clinical prevention of dental decay. This
supports
other strategies identified in Scotland including The Scottish
Diet.[69]
8.7 Northern Ireland’s agenda for health and well-being
8.7.1 Northern Ireland’s regional
strategy for health and social well-being 1997-2002 Health and Wellbeing into
the Next Millennium[70]
identifies family and child health and welfare as a key area for action, and
sets the following targets:
(a) By 2002 there should be a 10 per cent
reduction in stillbirths and deaths in children under one year
old;
(b) By 2002, of the children assessed by Health and Social Services
Boards as being in need, those below compulsory school age should
receive good
quality early years services within their homes or elsewhere, or a combination
of both; and those of school age should
receive family support services
operating out of school hours;
(c) By 2002 there should be a reduction
of at least 25 per cent in the total number of acute hospital bed days occupied
per annum
by children aged 0-15 years;
(d) By 2002 there should be a 50
per cent reduction in the number of children abused or reabused who are on child
protection registers.
8.7.2 In December 1997 the Department of Health and
Social Services for Northern Ireland launched Well Into 2000: a positive
Agenda for Health and
Wellbeing[71] which sets
out the Government’s approach to tackling health and social problems in
Northern Ireland.
8.7.3 Well Into 2000 recognizes the
Government’s commitment to economic, health and social policies which
promote good health and well-being for
all on an equitable basis. Its vision is
the development of high quality cost-effective care with respect for the rights
of the
individual, and with strong local communities participating in decisions
about needs and services.
8.8 “Better Health; Better Wales”
Article 24
8.8.1 In May 1998,
the Welsh Office launched the Public Health Green Paper Better Health; Better
Wales,[72] which
advocates a new approach to improving the health and well-being of the people in
Wales by addressing a wide range of social,
economic and environmental factors
which impact on health.
8.8.2 Better Health; Better Wales proposed a new approach to tackling
the underlying causes of ill-health which focuses on the concept of sustainable
health and well-being
- through the encouragement of sustainable communities, a
healthy lifestyle and better environment. The aim of the new strategy
is to
prevent disease and improve the health and well-being of the people in Wales and
bring the level of those with the poorest
health up to the level of those with
the best health.
8.8.3 The Green Paper sought views on a wide range of
issues including those relating to lifestyle, schools, housing, environment,
transport and organizational structures. It sought to identify how public
policy should be developed to protect children and families
and how all sectors
of the community could develop caring roles. It also raised questions of how
education and training can best
be used to inform people about health and how a
new partnership approach can benefit the health of children in
schools.
8.8.4 The consultation exercise is now complete and the
responses will provide the basis for an Action Plan. The ensuing strategy
is
intended to be taken forward by the National Assembly for Wales in 1999.
8.9 Health of Children in Wales
Article 24
8.9.1 The Welsh
Office Report on the Health of Children in
Wales[73] was commended
to health and local authorities in Wales in January 1997. It provides a clear
policy statement for children’s
health services, identifying the statutory
and policy requirements, and includes good practice guidance for Health
Authorities, Local
Education Authorities, Social Services Departments and the
Voluntary Sector. Implementation of the report’s recommendations
is being
taken forward by these organizations at the local level in the context of local
need.
8.10 Health in Schools in Wales
Article 24
8.10.1 Health in
Schools in Wales will be a key component of the strategic framework taking
forward the Better Health; Better Wales Green Paper proposals. This
includes the concept of the “health promoting school”, in which the
whole life of the school
has a role to play in promoting the health of young
people. In Wales this is taken forward by Health Promotion Wales (HPW). Six
primary schools and six secondary schools in Wales took part in the European
Network of Health Promoting Schools (ENHPS) project,
which is managed by HPW. A
major aim of the ENHPS project is to ensure that good classroom teaching is
matched by efforts to improve
the school environment. Among the initiatives
undertaken are health promoting playgrounds, links with local sports centres,
healthy
tuckshops, drugs education, safety initiatives and No Smoking Day
activities.
8.11 The National Healthy Schools Award - “Investors in Health”
Articles 18, 23, 24
8.11.1 Health in
schools will be a key component of the strategy of Our Healthier Nation.
The strategy will aim to build on the concept of the healthy school to promote
not just excellence in educational achievement,
but to foster emotional
well-being and enable young people to improve their quality of life and that of
the wider community. This
does not just mean young people spending more
curriculum time on personal, social and health education as a formal subject.
The
ethos of all school activities should encourage awareness of relationships,
responsibility for self and leading on from that responsibility
to
others.
8.11.2 The first step in development of a National Healthy
Schools Award was an expert consultative seminar in February 1998. A key
element of the Healthy Schools Award is joint working between Health Authorities
and Local Education Authorities. In phase one of
the Award, schemes were
piloted in each of the eight NHS regions in England. One LEA in each region
worked in partnership with its
corresponding Health Authority to set up a pilot
project which developed models and criteria which can be used by new Health and
education partnerships and pump priming support of £150,000 for each
project was made available jointly by the Department of
Education and Employment
and the Department of Health in 1998-1999. Each of the pilot partnerships was
independently evaluated by
the Thomas Coram Research Unit at the Institute of
Education. Government will look to expand involvement in the future so that,
ultimately, all schools will have the chance to participate. The National
Healthy Schools Scheme will provide an opportunity and
support to all schools to
encourage them to work towards becoming healthy schools through the criteria and
standards emerging from
the pilot projects.
8.11.3 The elements of the
Healthy Schools initiative are:
(a) A National Healthy Schools Award and
Associated Fund;
(b) A Healthy Teacher Focus;
(c) A National
Healthy Schools Network within the National Young People’s
Network;
(d) The Wired for Health Website to be accessed through the
National Grid for Learning;
(e) The development of Strategies for Safe
Travel to School;
(f) The development of a “cook’s
academy” in schools during school holiday periods.
8.11.4 The “healthy school” or “health promoting
school” concept has already been adopted by many schools
nationwide, often
backed by local initiatives set up between health promotion departments and
local education authorities and/or
schools. Such schools recognize their role
in shaping positive attitudes to health amongst staff, pupils and parents, for
example
through attention to the effects of environment on mental and physical
well-being and the benefits of positive role models from staff.
Schools
undertake formal personal, social and health education but development of
positive health and welfare goes much deeper than
that in the “healthy
school”.
8.11.5 Healthy Schools will not be the only focus of
Government strategy. There are many young people beyond school age or who are
not currently within the school system who need help and support. Government
funding of the Young People’s Health Network
has helped to encourage
cooperation and the sharing of experience between those agencies who deal with
the various problems young
people face and encourage the involvement of the
young people themselves. The Government will work with young people to promote
the understanding that good health, including mental health is central to the
enjoyment of life. The aim is to provide practical
support to enable them to
adopt healthy behaviours that will benefit them through their life and be passed
on to their children.
8.12 Child nutrition
Article 24
8.12.1 The Government
commissioned a National Diet and Nutrition Survey (NDNS) covering children
between the ages of 4-18. The report
of the survey will be published
during 1999. It will provide information on the diets of approximately
2,000 young people between
the ages of 4 to 18 years. Findings
of other recent surveys and studies, although not as comprehensive in coverage
as the NDNS,
give an indication of the trends in the nutritional status of
children aged between 4 and 18 years. These generally indicate that
although
children are growing taller on average than ever before, they are also getting
fatter.
8.12.2 The Government’s new public health strategy Our
Healthier Nation has identified schools as a setting to focus attention on
improving the health of children. The Healthy Schools Initiative aims
to
improve the health and well-being of children and as part of this it will
encourage healthy eating through a whole school approach
to food. Also, the
Government intends to produce Regulations on compulsory national nutritional
standards to school lunches and
a consultation paper setting out proposals was
published at the end of 1998.
8.13 Infant feeding - England and Wales
8.13.1 The Government has mounted a continuing
publicity campaign to increase awareness of the importance of taking folic acid
before
and during the first twelve weeks of pregnancy to prevent neural tube
defects in babies. The latest results show that spontaneous
awareness amongst
women has risen from 9 percent in 1995 to 49 per cent in 1998 and prompted
awareness from 51 per cent to 89 per
cent over the same
period.
8.13.2 The Government promotes breastfeeding in the following
ways. The National Network of Breastfeeding Co-ordinators (NNBC) has
been
established to promote breastfeeding at a local level and to share ideas
nationally with a view to increasing both the number
of mothers breastfeeding
and the length of time they continue to breastfeed. Each year the four
United Kingdom Health Departments
support National Breastfeeding Awareness
Week to increase public awareness of the benefit of breastfeeding. The
Government has also
appointed two parttime Infant Feeding Advisers to act as a
focus for developing and implementing strategies for promoting breastfeeding.
In particular, to increase the incidence of breastfeeding amongst groups where
breastfeeding rates are lowest. This is where their
expertise
lies.
8.13.3 The Department provides financial support to the four main
voluntary organizations in this area, the National Childbirth Trust,
La Leche
League, the Breastfeeding Network, and the Association of Breastfeeding Mothers.
Close links are also kept with UNICEF’s
Baby Friendly Initiative which
includes a Department observer sitting on the Steering Committee of
the UK BFI. The Department offers
support for research into
breastfeeding through the Quinquennial Surveys of Infant Feeding Practice - the
report of the 1995 survey
was published in 1997. This showed that the
incidence of breastfeeding had increased significantly between 1990 and
1995 in all
countries in the United Kingdom. The Department also
receives and publishes expert advice on breastfeeding through its advisory
committees, such as
COMA’s[74] Panel on
Child and Maternal Nutrition.
8.13.4 The Government is committed to the
promotion and protection of breastfeeding which is universally
accepted as the best form
of nutrition for infants. The Infant Formula
and Followon Formula Regulations came into force in March 1995. These
regulations
implement EC Directive 91/321/EEC, which embraces the principles of
the WHO Code of Marketing of Breast-milk Substitutes 1981. The
regulations
place statutory restrictions on the composition, labelling, advertising and
export of infant formulae.
8.13.5 School lunches and, in some areas,
drinking milk are provided free to children from families in receipt of income
support or
an income based jobseeker’s allowance. The Welfare Foods
Scheme also provides free milk and vitamins to pregnant and breastfeeding
mothers and their children up until the age of five who are from families in
receipt of income support or an income based jobseekers
allowance. The
Government provides these benefits as a nutritional safety net for children in
low income families.
8.14 Breastfeeding - Scotland
8.14.1 In 1994, a national target was set for
breastfeeding in Scotland (50 per cent of mothers still breastfeeding at six
weeks by
2005). Health Boards were invited to set local targets and to put in
place arrangements to monitor these. Most Boards have now
set targets and
Scotland’s Chief Medical and Chief Nursing Officers have taken steps to
encourage professional support for
breastfeeding and to improve professional
practice. The recent Priorities and Planning Guidance for the NHS in Scotland
1999-2002
reiterated the importance of continuing work towards the national
target.
8.14.2 In order to advise on and monitor work in this area, the Scottish
Office Department of Health set up, in 1995, the Scottish
Breastfeeding Group
and appointed a National Breastfeeding Adviser. The Group, which is chaired by
the Department’s Chief
Nursing Officer, is a multidisciplinary body
representing a range of professional and lay organizations with an interest in
breastfeeding
issues. The National Breastfeeding Adviser’s remit is to
provide training, advice and support to NHS personnel and lay workers,
to act as
a facilitator to local breastfeeding initiatives, and to report progress to the
Scottish Breastfeeding Group. A dedicated
web site “Breastfeeding in
Scotland”, which includes information on research, statistics, good
practice, and other resources,
has recently been set
up.[75]
8.14.3 The
recent White Paper Towards a Healthier
Scotland[76] identified
the health of children as a key area for action. It recognized that
breastfeeding and good care in early life can significantly
improve a
child’s chances in life; and it set out proposals for a health
demonstration project to focus on the promotion of
health from birth and
throughout the first five years of childhood. One of the potential aims of this
project will be to encourage
good nutrition through
breastfeeding.
8.14.4 In recent years, breastfeeding has been more
closely integrated with mainstream health education campaigns. Integrating
breastfeeding
in this way helps to establish it as a normal, everyday occurrence
and works to encourage a positive shift in attitudes and behaviour
towards
it.
8.15 Health inequalities - England and Wales
Articles 23, 27
8.15.1 Our
Healthier Nation emphasizes that the Government’s priority is to do
more to prevent people falling ill in the first place and to ensure early
intervention as required. This means tackling the root causes of the avoidable
illnesses. In recent times the emphasis has been
on trying to get people to
live healthy lives, where necessary by changing their lifestyles. The emphasis
now is to look for more
attention and action concentrated on the things which
damage people’s health which are beyond the control of the
individual.
8.15.2 Ill-health is both a cause and effect of social
exclusion: the very worst off in society, facing unemployment, lack of training
opportunities and poor housing are much more likely to fall ill, and in turn
illness reduces the chances of being able to get a job
or go back to college.
This circle of deprivation can create serious difficulties for children’s
health and development.
Government policy will therefore be directed to
tackling the root causes. As a first and important step the main causes of
inequalities
in health were addressed by an Independent Inquiry into
Inequalities in Health, set up under Sir Donald Acheson (former Chief Medical
Officer), which considered issues of social and economic deprivation and social
exclusion. The Government asked Sir Donald to report
on the main trends in
health inequalities and to identify the areas of policy which evidence suggests
are most likely to make a difference.
Sir Donald’s report was published
on 26 November 1998 and its findings are being fed into work on the
Our Healthier Nation White Paper which is due to be published
shortly.
8.15.3 In Scotland, health inequalities are being tackled
through the White Paper Towards a Healthier Scotland, which is described
in more detail in section 8.6.
8.16 Young People’s Health Network (YPHN)
Articles 24, 27
8.16.1 The Network is
being coordinated by the Health Education Authority (HEA) and funded by the
Department of Health. The HEA won
the contract to run the Network after
an open tender exercise. The initial contract is for three years
(1996-1997, 1997-1998 and
1998-1999) and funding of up to £200,000 per
year is available. It is planned that the YPHN will incorporate a schools
network
as part of the Healthy Schools initiative. Details of this will be
settled in the future.
8.16.2 The Network was launched in June 1996. Its
aim is to keep those interested in young people’s health issues in
touch
with one another and, through facilitating the
exchange of experience and ideas, promote the health of young people.
The Network
project is overseen by a steering group comprising officials
from the Department of Health and the Department for Education and Employment.
There is also an advisory group whose membership will include some of the main
voluntary organizations active in the youth field
such as the British Youth
Council and Youth Clubs United Kingdom. Also included on the advisory
group are Young Minds. Feedback
is positive and the HEA have sent out over
19,000 communiqués.
8.17 The Patient’s Charter - Health Services for Children and Young People
Article 24
8.17.1 To emphasize
the importance which the United Kingdom Government gives to the child’s
right to health, a booklet was issued
in March 1996 supported by implementation
guidance to the NHS which amplified and strengthened the rights and standards
set out in
the Patient’s Charter so far as they apply to children and
young people. In particular the booklet offers:
In the
community
− a child’s right to be registered with a doctor;
− a programme of health checks to ensure healthy development;
− provision to care for a sick child at home wherever possible, and support for
doing so.
In hospital
− the choice for adolescents of being admitted to a children’s ward or an adult ward;
− the aim that each child should have a named paediatric nurse to be responsible for the child’s nursing care;
− the aim that each child should be under the care of a consultant paediatrician or paediatric specialist;
− opportunities for children to see the ward before admission;
− provision of play and educational facilities.
8.17.2 In accordance with the Government’s
commitment to “a new Patient’s Charter concentrating on the quality
and
success of treatment”, a group of advisers will make recommendations
to Ministers about the content and format of a new NHS
Charter.
8.17.3 The implementation of the Patient’s Charter in
Scotland was reviewed in 1997. Consultation on a revised Charter for
Scotland
will be similar to the action being taken in England.
8.17.4 In Scotland
the Priorities and Planning Guidance published on 25 September 1998 will require
Health Boards and NHS Trusts to
give special attention to children’s needs
and to plan services for children in the context of the five strategic aims -
improving
health, reducing inequalities, promoting primary care, promoting
community care and reshaping hospital services.
8.18 Measures to prevent HIV/AIDS and other sexually transmitted infections (STIs)
Article 24
8.18.1 The
United Kingdom is a relatively low prevalence country for HIV and other
STIs. By the end of March 1999, 37,875 HIV diagnoses
and 16,201 AIDS cases
had been reported but most were acquired through sex between men. Mother
to child transmission is the major
infection route for children and accounts for
about 85 per cent of paediatric AIDS cases. A total of 232 children aged under
16
years were treated for HIV infection in 1997, 43 per cent were less than
5 years and 46 per cent were between 6 and 8 years. Reported
STIs are
increasing and data for England and Wales show that the biggest increases have
been amongst teenagers and young people.
Amongst 16-19 year olds, cases of
chlamydia rose by 53 per cent between 1995 and 1997, cases of gonorrhoea by 45
per cent and cases
of genital warts by 24 per cent. The reasons for this
increase are not clear but the sexual health strategy will consider how to
reverse this trend.
8.18.2 New diagnoses of selected conditions by sex,
and number of teenage infections for England in 1997 are shown below.
Figure 3. Number of teenage infections for England 1997
|
Uncomplicated gonorrhoea
|
Uncomplicated chlamydia
|
Herpes simple first attack
|
Genital warts first attack
|
|
Males
Females Total |
97
49 146 |
8 358
3 945 12 303 |
16 093
22 528 38 621 |
5 565
9 444 15 009 |
30 041
28 342 58 383 |
Males <16
Female <16 Male 16-19 Female 16-19 |
2
- 1 3 |
47
140 1 024 1 411 |
49
501 1 772 7 221 |
10
104 252 1 729 |
96
438 2 356 7 825 |
8.18.3 Nationally funded HIV/AIDS health promotion for the general
population in the United Kingdom is focussed mainly on 16-24 year
olds and
includes information on prevention of other STIs. Work undertaken by the Health
Education Authority included the launch
in 1999 of a safer sex web site, work
with the National Union of Students and with young people’s magazines and
national and
local radio. Messages have included the role of condoms in
preventing HIV and STIs, where to go for advice and overcoming peer pressure
to
have sex. In addition, the Government has recently set up two pilot
opportunistic screening programmes on chlamydia to assess
the efficacy of this
approach and its likely impact on prevalence and longterm
sequelae.
8.18.4 The Department of Health is taking forward a number of
initiatives aimed at increasing antenatal HIV testing. A leaflet for
pregnant
women, Better for your baby, was launched on World AIDS Day 1998 together
with a leaflet for midwives HIV testing in pregnancy - helping women
choose. This was produced jointly with the Royal College of Midwives and
recommends that all women should be given information about HIV
testing and
offered a test as part of their antenatal care. Other initiatives include
developing targets aimed at reducing mother
to child
transmission.
8.18.5 Over the coming year, the Department of Health will
develop a new national HIV/AIDS Strategy which will cover aspects of treatment
and care and prevention. The Department will consult on the Strategy before
publication.
8.19 Child and Adolescent Mental Health Services (CAMHS)
Articles 23, 24
8.19.1 An increase in
problems causally related to psychosocial adversity has been reported throughout
the Western World. Conduct
disorder and depression in young people are two
examples. The Parliamentary Select Committee on Health, when inquiring into the
state of children and young people’s mental health, commended the
Government for taking steps to improve coordination between
agencies and for
making it mandatory that Children’s Service Plans be drawn up. The
“four tier” approach to service
provision was equally commended, as
was the importance given to CAMHS and initiatives to raise the profile of this
important area
of health services. Guidance was issued to health and local
authorities in
1995.[77]
8.19.2 All
information requirements are kept under regular and rigorous review and there
have been a number of improvements in the
Central collection of statistics over
the last few years. For child and adolescent mental health services this is a
complex task
and the need for accurate and useful information has to be balanced
against the potential bureaucratic burden that may be created.
However a number
of NHS Regional Offices have undertaken reviews of CAMHS in collaboration with
Social Care regional groups and
these have provided up-to-date information of
services in their region. A number of national projects will also contribute
significantly
to the information base:
(a) The Audit Commission is due
to report shortly following a detailed review of child and adolescent mental
health services in order
to assess progress in policy
implementation.
(b) A voluntary organization, the Mental Health
Foundation, has undertaken a wideranging inquiry into the factors affecting the
mental
health and emotional development of children and young people in the
United Kingdom and its report is also expected shortly.
(c) A national
survey of child mental health morbidity has been commissioned from the Office
for National Statistics to provide up-to-date
information on the prevalence of
mental health disorders in children, the level of impairment and the usage of
services (report expected
late 1999).
(d) In Wales, the Welsh Office has
commissioned consultants to map services and thus identify deficiencies and
other problems.
(e) In Wales, the Welsh Office is working with
consultants and the voluntary sector to provide guidance for primary school
teachers
on the signs of emotional and mental health problems in
children.
8.19.3 There are differing systems for categorizing
children’s problems and these differences often reflect the legitimate and
specific priorities of the relevant agencies of intervention as well as the
range of perspectives that exist amongst the professions
concerned and within
society at large. The Government’s Public Health strategy as outlined in
Our Healthier Nation aims to
establish broader ownership of children’s
problems across Government Departments and across agencies at local level. A
“common
language” will take time to develop but the increased
crossdepartmental activity to explore these issues will help break down
the
false barriers created by the different categorization
systems.
8.19.4 The Framework for Mental Health Services in
Scotland was published by the Scottish Office in September
1997.[78] It requires every
Health Board to lead the development of a joint, comprehensive mental health
strategy focusing on the needs of
people with a severe and/or enduring mental
health problem ensuring that inadequate services for particular groups including
children
and adolescents are made good.
8.19.5 The Government supports
voluntary sector projects through direct grant aid. These projects are awarded
for up to three years
and organizations are able to apply for new grants on
expiry of the current awards. In addition the Government announced in May
1998
the award of £1 million to Home-Start, one of the organizations
recognized by the Health Select Committee as valuable in
the area of
CAMHS.
8.19.6 The mechanisms for funding and commissioning all specialist
services are being considered within the context of the implementation
of the
proposals outlined in the Government’s White Paper, The New
NHS.[79]
8.19.7 The Department of Health is aware of a number of local
initiatives to develop child mental health services within primary care.
Research has recently been commissioned to provide a comprehensive national
picture of the nature, organization and cost-effectiveness
of CAMHS within
primary care. In addition, a study to explore the role and distribution of
inpatient psychiatric care has been commissioned.
The information that emerges
will assist in the planning of such provision on a more rational and equitable
basis. The mechanisms
for commissioning specialist services are also being
addressed in the context of the implementation of the proposals in the two
recent
White Papers: The New NHS relating to England and Wales, and
Designed to Care - Renewing the National Health Service in
Scotland.[80]
8.19.8 Improving
the mental and emotional health of children and young people is vital to
reducing social exclusion and increasing
life opportunities. Improved CAMH
services, provided by the NHS or social services departments, will contribute to
wider government
programmes including Sure Start, Quality Protects, family
policy initiatives, the crime reduction strategy and interventions to assist
children with special educational needs.
8.19.9 A new national target
on CAMHS for health and social care is being introduced for the first time this
year under the National
Priorities Guidance, 1999/2002. This will be backed by
an additional investment of some £84 million over three years and aims
to:
“Improve provision of appropriate, high-quality care and
treatment for children
and young people by building up locally-based Child and Adolescent Mental Health Services (CAMHS). This should be achieved through improved staffing levels and training provision at all tiers; improved liaison between primary care, specialist CAMHS, social services and other agencies; and should lead to users of the service being able to expect:
− a comprehensive assessment and, where indicated, a plan for treatment without a prolonged wait;
− a range of advice, consultation and care within primary care and Local Authority settings;
− a range of treatments within specialist settings based on the best evidence of effectiveness; and
− in-patient care in a specialist setting, appropriate to their age and clinical need.”
8.19.10 The development money for
CAMHS will be made available via the Modernisation Fund (£60 million over
three years) and
the Mental Health Grant to local authorities (£24 million
over three years) with effect from April 1999. The NHS Executive
and Social
Care Regions are working together to identify priority areas for joint
investment. The focus is on building up core services
- and reducing
inequalities - and promoting innovative practice.
8.20 Child mental health - views of NGOs
8.20.1 Several non-governmental organizations
which contributed to preliminary discussion of this report mentioned their
concern about
the incidence of mental health problems among children and
adolescents - they included Young Minds, the Mental Health Foundation,
the
Faculty of Child and Adolescent Psychiatry, the National Children’s Bureau
(NCB), the Who Cares? Trust (WCT) and the Trust
for the Study of
Adolescence (TSA). They pointed out that evidence given to the Health
Committee by the National Health Advisory
Service claimed that
20 per cent of children and young people suffered from a diagnosable
disorder with 40 per cent having mental
health problems of some
sort.[81]
8.20.2 The
Mental Health Training Initiative funded by the Department of Health for three
years has recognized the need for raising
awareness of the mental health issues
of young people, particularly with regard to the high rates of suicide among
young men and
Asian young women.
8.20.3 The TSA, with the support of the
Home Office, has devised and delivered training for prison officers in Male and
Female Young
Offenders Institutions improving the understanding of the age range
and providing opportunities for prison staff to consider their
roles and
implement “child-oriented” polices within the youth justice system.
This work is continuing.
8.20.4 Major funding from the National Lottery
has been granted to the TSA with Youth Access to provide accredited training for
counsellors
of young people and for those who use counselling skills in their
work. Within the next three years a range of counselling and counselling
skills
training will be available for the voluntary and statutory sectors at a
nationally accredited standard for those who work
with young people in a wide
range of services.
8.20.5 The Economic and Social Research
Council’s Programme of Research on Youth Citizenship and Social Change
represents a
major, publicly-funded contribution to knowledge about young people
in the United Kingdom and Europe. It also aims to address issues
concerning
young people’s empowerment and the right to have their views heard and
respected. The research will examine their
views on schemes designed to help
young people channel their views to local policy makers and service-providers,
and will explore
and evaluate ways of involving young people in all stages of
the research process, from design through to dissemination.
8.20.6 In the
last two years the Trust for the Study of Adolescence has been running a Youth
Empowerment Project, funded by the National
Lottery, which aims to help young
people get their views about mental health across to adults in training. Young
people have been
actively involved in training adults at events in several
places in the United Kingdom and their views have been disseminated by
newsletter to many more.
8.20.7 NGOs have also drawn attention to the
Health Select Committee’s reservations over levels of CAMHS provision
across the
country. The Government acknowledged that there were considerable
variations in CAMHS services due to a significant extent to historical
factors.
This is being addressed in the National Priorities Guidance objectives for CAMHS
described above.
8.20.8 Twenty-four innovative CAMHS projects were
established in 1998, financed initially from the Mental Illness Specific Grant
to
Local Authorities. Each three-year project will be evaluated within the
terms of the grant and the voluntary organization “Young
Minds” has
been commissioned to draw together the lessons to be learned from these projects
with a view to publishing the results
as a stimulus to good practice. Future
funding for these projects will be provided under the new Mental Health
Grant.
8.21 Reducing the rate of teenage conceptions - England and Wales
Articles 24, 27
8.21.1 The Government
recognizes and is concerned by the high rate of teenage conceptions in the
United Kingdom - one of the highest
in the developed world.
8.21.2 Under
16 conception rates rose throughout the 1980s reaching a peak in 1990
of 10.1 per 1,000 girls aged 13-15 in England and
Wales.
Although a slight improvement is apparent from 1996 to 1997, they remain a cause
for concern with a rate of 8.9 in 1997.
Teenage conception rates (aged 13-19)
are similarly worrying. The 1997 rate is 62.3 per thousand, although there was
a slight drop
in the mid1990s. The rates of under 16 and teenage conceptions in
England over the last 17 years is shown in the table below:
Figure 4. Teenage conception rates in England
Teenage conception rates per thousand teenage girls (England)
|
Under 20s
|
|
---|---|---|
1980
|
7.2
|
58.6
|
1981
|
7.3
|
56.9
|
1982
|
7.8
|
56.1
|
1983
|
8.3
|
55.6
|
1984
|
8.7
|
59.5
|
1985
|
8.6
|
61.3
|
1986
|
8.8
|
61.9
|
1987
|
9.3
|
65.8
|
1988
|
9.4
|
66.5
|
1989
|
9.4
|
67.5
|
1990
|
10.0
|
68.8
|
1991
|
9.3
|
64.8
|
1992
|
8.4
|
61.4
|
1993
|
8.0
|
59.3
|
1994
|
8.3
|
58.3
|
1995
|
8.5
|
58.7
|
1996
|
9.3
|
62.5
|
1997
|
8.8
|
61.9
|
8.21.3 There is a wide regional variation in under 16 conception rates
(see annex D). Areas of higher teenage conception tend to
be areas of higher
social exclusion. The Government believes that teenage pregnancy is all too
likely to be a cause as well as a
symptom of social
deprivation.
8.21.4 The rate of teenage conceptions in Scotland is also
at a comparatively high level. Teenage pregnancies rose between 1986 and
1991 from 44.4 to 50.5 per 1,000 women in the 1319 years age
group. Although the rate fell to 43.1 in 1996, it remains a cause for
concern.
among 1619 years olds, the rate peaked in 1991 at 77.8 per 1,000 females in
this age group and declined to 69.6 by 1996.
Among 13-15 year olds, the rate
increased from 7.5 per 1,000 females in 1986 to 9.6 in 1996.
8.21.5 As in
other parts of the country, teenage pregnancy in Scotland is more likely among
the less well off. Incomplete education,
limited educational attainment, poor
employment prospects, low income and poor social and environmental circumstances
can all contribute
to situations where conception is more likely. Teenage
pregnancy is clearly related to social deprivation categories. In 1996,
the
pregnancy rate for 13-19 year olds ranged from 17.2 per thousand in the least
deprived areas to 68.6 in the most deprived.
Articles 24, 27
8.21.6 Under the umbrella of the public health
strategy, the Minister for Public Health nominated in November 1997 four people
to
work in their respective subject areas towards establishing national
priorities as part of a programme aimed at reducing the rate
of teenage
conceptions. The Social Exclusion Unit published its report on 14 June 1999.
The four task areas are:
(a) Sex and relationships education (where a
great deal of “prevention” work can be carried
out);
(b) Vulnerable and hard to reach groups (with the socially
excluded - for example, children who are or have been in
care);
(c) Contraceptive and sexual health services; and
(d) Research.
8.21.7 The report sets out a national programme
with two specific goals: to halve the rates of conceptions among under 18 years
olds
in England by 2010 and to lessen the risks of young parents suffering the
consequences of social exclusion by getting more teenage
parents back into
education, training and employment. The programme will include:
(a) A
new task force of Ministers, led by the Minister for Public Health, to
coordinate the policy across Government supported by
an implementation unit in
the Department of Health;
(b) A national publicity campaign to reinforce the report’s key
messages - targeting young people and parents with the facts
about teenage
pregnancy and parenthood, with advice on how to deal with pressures to have sex
and with messages that underline the
importance of using contraception if they
do have sex;
(c) Improved access to NHS contraception and sexual health
services for teenagers, including young men;
(d) A new national helpline
to give advice to teenagers on sex and relationships;
(e) New guidance
to be issued on sex and relationships education in school;
(f) Better
support for teenage parents and their children, providing supervised,
semiindependent housing with support for 16 and
17 year olds who do not live
with their parents, and support to ensure that under 16s who have children will
finish their education
(in addition to pilots to encourage 16 and 17 year
olds to stay in education); and
(g) Special action targeted on
prevention for the most vulnerable groups including children looked after by a
local authority, those
excluded from school and young
offenders.
8.21.8 In addition, the Department of Health with the help of
an external reference group will be developing, over the next 12 months,
a
Strategy on Sexual Health. The Government will work in partnership with health
services, voluntary and community groups, professionals
and others to develop
this overarching framework for sexual health. Although the strategy will cover
all the groups at high risk,
of all ages, it will have a critical role to play
in contributing to a national strategy to reduce teenage pregnancy. It will
join
up current initiatives in sexual health including HIV/AIDs strategy, work
on Chlamydia, the Social Exclusion report and the report
of the Personal and
Social Health Education Advisory Group.
8.22 Teenage conception rates - Scotland
8.22.1 The rate of teenage conceptions in
Scotland is also at a comparatively high level. Teenage pregnancies rose
between 1986 and
1991 - from 44.4 to 50.5 per 1,000 women in the 13-19
years age group. Although the rate fell to 43.1 in 1996, it remains a cause
for
concern. Among 16-19 year olds, the rate peaked in 1991 at 77.8 per 1,000
females in this age group and declined to 69.6 by
1996. Among 13-15 year olds,
the rate increased from 7.5 per 1,000 females in 1986 to 9.4 in
1996.
8.22.2 As in other parts of the country, teenage pregnancy in
Scotland is more likely among the less well off. Incomplete education,
limited
educational attainment, poor employment prospects, low income and poor social
and environmental circumstances can all contribute
to situations where
conception in more likely. Teenage pregnancy is clearly related to social
deprivation categories. In 1996,
the pregnancy rate for 13-19 year olds ranged
from 17.2 per thousand in the least deprived categories to 68.6 per
thousand in the
most deprived.
8.22.3 The Government addressed the issue of sexual health and young people
in its recently published White Paper, Towards a Healthier
Scotland.[82] Among
other things, this sets a national target of a 20 per cent reduction
in the rate of pregnancy among 13-15 year olds for the
period 1995 to 2010,
and also announces funding for a demonstration project to be called
“Healthy Respect”. The focus
of this project will be to promote
sexual health and prevent sexually transmitted diseases as well as reducing
unwanted pregnancies.
Bids are currently being sought from bodies interested in
running the project. We will be looking for bids which can develop measures
to
nurture self-respect in young people and discourage coercive or manipulative
sexual behaviour as well as addressing improved methods
of sex education and
advice for young people about sexual health and contraception.
8.23 Programme to reduce the rate of teenage conceptions - Scotland
Articles 24, 27
8.23.1 Scotland does
not have a specific current national target for reducing teenage
pregnancies - the general policy has been that
targets are best set locally
in the light of local circumstances. Local targets have, therefore, been set at
Health Board level.
Twelve of the 15 Scottish Health Boards have set
local targets to reduce the number of pregnancies amongst teenagers. Typically
they are expressed in terms of a percentage reduction in conception rates for
teenagers or a reduction in the number of teenage abortions.
8.24 Programme to reduce the rate of teenage conceptions - Northern Ireland
8.24.1 In Northern Ireland the Regional
Strategy for Health and Personal Social Well-being has set a target to reduce
the overall
number of births to teenage mothers by 10 per cent by
2002. Northern Ireland is also participating in the national programme to
reduce the rate of teenage conceptions.
8.25 Measures to reduce accidental death or injury in childhood
Articles 18, 24
8.25.1 The number of
children dying or seriously injured each year as a result of accidents has
declined steadily since the previous
report. The Department of Health mounts or
supports financially a number of initiatives to ensure that the downward trend
is maintained.
8.25.2 Financial grants are provided by the Department to
support the work of specialist organizations such as the Child Accident
Prevention Trust and the Royal Society for the Prevention of Accidents. In
conjunction with the Department, these organizations
have been, or are, involved
in the development of standards to improve the safety of children’s
environment and products, accident
prevention programmes to assist health and
safety practitioners at regional and local level, and public awareness campaigns
to inform
parents, teachers and children about effective accident prevention.
8.25.3 The Departments of Health, Education and Employment, Trade and
Industry and Environment, Transport and the Regions support
“Child Safety
Week”, an annual awarenessraising campaign in the summer, which is
designed to inform parents, carers and
children on how to prevent accidents and
injuries. This high profile campaign uses national, regional and local press to
maximize
the impact of the campaign. The Department has evaluated the success
of the campaign over the past three years. Since 1997, the
Department has also
funded an extension of the campaign so that activities can take place in the
winter and the spring.
8.25.4 The Department funds the Child Accident
Prevention Trust to develop and conduct trials of a publicly accessible
information
service on accident prevention. It is expected that this service
will enable parents with literacy difficulties to have access to
individual
advice.
8.25.5 The Department caters for the needs of minority ethnic
groups by funding, via the Child Accident Prevention Trust, the translation
of
safety leaflets into four Asian languages. These leaflets are produced in
consultation with the relevant communities.
8.25.6 The Department,
working with colleagues in other government departments and the Royal Society
for the Prevention of Accidents,
has developed a training resource called
Together Safely which aims to teach children, parents and carers the
principles of general risk assessment, including road safety.
8.25.7 The
Department has helped to fund a specialist training programme in child
pedestrian safety. The package, which includes
video training, uses four
schools which have adopted the recommended methods. The strength of this
approach is the active participation
of the children themselves in contributing
to their own safety as pedestrians.
8.25.8 In the wider context, the
Department is working closely with colleagues in the Department of the
Environment, Transport and
the Regions to ensure that accidents, including child
accident prevention measures, are effectively highlighted in the
Government’s
new integrated transport policy. A range of proposals are
under consideration. These include measures to promote traffic calming,
safer
cycling, safety training in schools and communities, and greater emphasis on
pedestrian safety.
8.26 Child road safety - progress since the first United Kingdom report
Articles 18, 24
8.26.1 The
Government’s White Paper on the future of transport A New Deal for
Transport: Better for
Everyone[83] makes clear
that improving road safety, especially of children, will continue to be an
important objective for the Government. The
principal way in which these
commitments will be taken forward is a new road safety strategy and target for
Great Britain. The main
objectives of the new strategy will be the effective
enforcement of legislation; publicizing the risks and educating road users
(particularly
children and young people) about the need to use the roads with
thought and care; and promoting better engineering standards for
roads and for
vehicles. The Government’s new public health
strategy[84] announced its
intention not only to reduce the number of accidents by a fifth, and to reduce
the rate of serious injury from accidents
by at least one tenth, by 2010, but
also to tackle the pronounced bias towards childhood accidents in the lower
socio-economic groups.
Accordingly, the Department of Health has commissioned
the Child Accident Prevention Trust to set in motion a series of discussions
with children and community development agencies to discuss how these
inequalities in the incidence of child accident could be targeted
effectively.
8.27 Child road safety - progress on existing target
8.27.1 The current road safety target is to
reduce casualties by a third by the year 2000 (based on the 1981-1985 annual
average).
Progress in achieving the target for reducing the number of children
killed or seriously injured has been encouraging.
Figure 5. Road accidents - child casualties in Great Britain, 1997
0 to 4
|
5 to 7
|
8 to 11
|
12 to 15
|
Total
|
|
Pedestrians
|
535
|
734
|
1 322
|
1 363
|
3 954
|
Cyclists
|
15
|
136
|
354
|
511
|
1 016
|
Car Passengers
|
262
|
206
|
283
|
520
|
1 271
|
Other categories
|
14
|
9
|
44
|
144
|
211
|
Total
|
826
|
1 085
|
2 003
|
2 538
|
6 452
|
1981-1985 baseline
|
1 380
|
2 027
|
3 501
|
4 773
|
11 681
|
Reduction
|
40%
|
46%
|
43%
|
46%
|
45%
|
8.27.2 The 255 children (aged 0-15) killed in road traffic accidents in
1997 was 55 per cent lower than the 1981-1985 annual average
of 563.
The 44,289 children injured on the roads in 1997 was 11 per cent less than
the 1981-1985 average of 49,770.
8.28 Child safety in the Government’s new transport policy
Articles 18, 24
8.28.1 The Government
shares the concern of many that pedestrians and communities should be given full
consideration in the development
of transport policy, so that traffic needs do
not necessarily take precedence.
8.28.2 This point has been addressed
by the Government. The objective of the policies set out in the White Paper is
to improve the
safety of more vulnerable road users, including pedestrians
(particularly children) and cyclists in a way that is consistent with
encouraging more walking and cycling. Children should be able to walk to school
in safety and initiatives to provide safer routes
to school will support both
safety and environmental aims.
8.28.3 The aim is, in particular, to
improve road safety education in schools and by parents, by assessing the
effectiveness of existing
training aids and developing new ones; and to assess
local measures to achieve safer routes to school, and in producing a best
practice
guide. The transition from primary to secondary school marks an
important milestone in the development of
children. It coincides with increasing responsibility and independent
travel. But it also coincides with the peak in pedestrian
and cycling accidents
among children, so work is focusing in particular, on preparing children for the
transition from primary to
secondary school.
8.28.4 Children are more
likely to become road traffic casualties when they first get behind the wheel of
a car. Drivers aged 17-20
comprise under 5 per cent of licence holders,
but 15 per cent of drivers involved in road traffic accidents. When
account is taken
of their mileage, the risk is even higher. That is probably
because of their immaturity and their lack of experience. Young drivers
tend to
be relatively competent at handling their vehicle but not at anticipating the
actions of other road users.
8.28.5 Following a consultation exercise
in 1993, various measures have been taken to improve the knowledge, behaviour
and perception
of risks by new drivers including a separate theory paper in the
driving test and a requirement that drivers who commit certain offences
within
two years of qualifying must retake the driving test. The content and structure
of the practical driving test is currently
under review.
8.28.6 Traffic
calming is one of the most effective ways to reduce the number and severity of
accidents involving children. Research
has shown that 20 mph zones supported by
physical measures such as road humps, pinch points and rumble devices reduce the
number
of child pedestrian and cyclist casualties by 67 per cent. The
Government made £50 million available to local authorities in
1998-1999 for
this sort of local road safety scheme. There is now a separate budget for small
schemes on trunk roads to deal with
specific safety problems and the majority of
schemes in the Government’s programme of major improvements have safety as
a major
objective.
8.29 Cleaner air
Articles 24, 27
8.29.1 The Government
is committed to delivering cleaner air for everyone. The National Air Quality
Strategy 1997 set standards and
objectives for the main air pollutants to be
achieved in the United Kingdom by 2005. These standards are set at levels which
represent
no or minimal risk to people’s health. Action is under way at
local, national, and international levels to ensure that those
standards and
objectives are met. The strategy is being reviewed to see what further measures
might be introduced.
8.29.2 Transport is now the main source of urban
air pollution. Vehicle emissions and fuel have been subject to increasingly
tight
controls over the last few years, for example by the introduction of
lead-free petrol and compulsory catalytic converters for cars.
The
Government’s taxation policies are designed to promote the use of cleaner
fuels and low emission vehicles. Regulations
enable local authorities to
enforce vehicle emission standards at the roadside. The United Kingdom and its
EU partners have recently
agreed even tighter fuel and emission standards under
the auto oil programme.
8.29.3 The White Paper A New Deal for
Transport: Better for
Everyone[85] published in
July 1998 looks at ways of reducing the impact of transport on air
pollution. It set out a package of measures to provide
a real choice of
transport which is environmentally sustainable and not health-threatening. It
aims to reduce traffic congestion
and cut pollution by improved management of
roads, and by promoting the use of less polluting forms of travel such as
cycling and
walking.
8.29.4 The United Kingdom contributes to the
reduction of transboundary air pollution through EU membership and under UNECE
protocols
for sulphur, persistent organic compounds, and heavy metals. In June
1998, under the EU air quality framework directive, the United
Kingdom secured
agreement to the first set of “daughter directives” which set new
air quality limits for nitrogen dioxide,
sulphur dioxide, lead, and small
particulates.
8.30 Planning - transport and noise
Articles 24, 27
8.30.1 Planning
Policy Guidance Note (PPG) 13 on Transport was issued in March 1994. This
encourages policies designed to reduce
reliance on the private car while
maintaining and improving choice for people to walk, cycle or use public
transport rather than
drive between homes and facilities which they need to
visit regularly.
8.30.2 The White Paper A New Deal for Transport:
Better for Everyone further strengthens this shift in emphasis, and will
lead to updated planning guidance on locations for major growth and travel
generating
uses with the emphasis on accessibility to trip destinations by foot,
bicycle and public transport, taking into account the needs
of all in society.
This emphasis on accessibility will improve the quality of life for
children.
8.30.3 This New Deal for Transport will improve the environment
in towns and cities and create conditions for people to move around
more easily.
More road space and priority will be given to pedestrians, cyclists and public
transport, through a different approach
to traffic management. This should also
increase safety and help cut air pollution. Local authorities will be expected
to take
a strategic view of traffic management when preparing Regional Planning
guidance and development plans. Local transport plans will
set out how these
measures will be delivered at a local level.
8.30.4. PPG 24 on Planning
and Noise, issued in September 1994, provides guidance to local planning
authorities to minimize the adverse
impact of noise. It outlines the
considerations to be taken into account in preparing development plan policies
and in determining
planning applications both for noise-sensitive developments
and for those activities which generate noise. It introduces the concept
of
noise exposure categories for residential development, encourages their use and
recommends appropriate levels for exposure to
different sources of noise. It
also advises on the use of conditions to minimize the impact of noise.
8.30.5 The Government is working with local authorities to set up a number of
pilot schemes to assess the viability of Home Zones.
These initiatives, adapted
from European measures, are aimed at reducing the impact of road traffic in
residential areas so that
they are better living places for residents,
particularly children.
8.31 Disabled children - effectiveness of benefits
Article 23
8.31.1 Since the
United Kingdom’s first report, there has been research by the University
of York on the needs and circumstances
of families caring for disabled children.
Expert opinions: a national survey of parents caring for a severely disabled
child was published in
1995.[86]
8.31.2 There
has also been more recent research, funded and published by the
Joseph Rowntree Foundation based in York (JRF), on the
needs and
circumstances of families caring for disabled
children.[87] The report
examines the benefits system which recognizes that both disabled adults and
children incur extra costs because of their
disability. The study says that
little is known about the nature and extent of these costs, particularly for
children. The report
describes minimum essential budget standards for children
of differing ages and with a range of disabilities. The researchers have
documented the experiences of some 300 parents of severely disabled children and
drawn up a list of the agreed minimum necessary
to enable disabled children to
develop to their full potential.
8.31.3 The report details the priorities
and experiences that influenced the parents’ decisions. It examines the
implications
of the findings for benefit provision and service delivery. The
study concludes that parents of disabled children are still “paying
to
care” and that the minimum essential cost of raising a severely disabled
child is, on average, three times more than for
a child without a
disability.
8.32 Report on the rights of disabled children - independent research by an NGO
Article 23
8.32.1 The
children’s charity Barnardo’s recently commissioned and published a
research report Accessing Human Rights: disabled children and the Children
Act.[88] The report
acknowledges that a lot of effort, time and resources go into providing social
services for disabled children and asks
whether disabled children are getting
what they really need.
8.32.2 The report details what disabled children
need, and what they have a right to, as defined by the United Nations Convention
on the Rights of the Child. Against this measure the author points to
shortfalls in the Children Act and its implementation with
regard to disabled
children and shows how they stem from an underdeveloped understanding of
inclusions. Dr. Jenny Morris goes on
to look at where direct services
for disabled children are failing, and offers examples of various approaches
developed by individual
projects. The report ends with a detailed illustration
of delivering a fully inclusive service, demonstrating ways within existing
resources to meet previously unsatisfied need.
8.32.3 The Government has
confirmed that it is committed to providing special allowances to help with the
extra costs which disabled
people may incur, and that it intends to maintain
Disability Living Allowances as a universal, national benefit for those who meet
the conditions of entitlement. Under these arrangements:
(a) Disability
Living Allowance is payable for some 196,000 children aged under 16, at the same
rates as for adults.
(b) Of these children some 72,500 receive the
highest rate care component and some 45,500 receive the higher rate
mobility component.
(c) Increases in the child’s disability
premium, introduced in April 1990, is now helping 61,000
children.
(d) The carer premium, introduced in April 1990, to help those
caring for disabled children is now being received by 183,000 carers.
8.33 Children with mobility problems
Article 23
8.33.1 The Department
of the Environment, Transport and the Regions is implementing the transport
provisions of the Disability Discrimination
Act which will require all new
public transport (buses, coaches, trains, trams and licensed taxis) to be fully
accessible. The requirements
for access to trains and trams came into effect
from 31 December 1998. Requirements for new single deck buses are expected to
take
effect from 1 January 2000; new double deck buses from 1 January 2001; and
new taxis from 1 January 2002.
8.33.2 On the specific issue of children
with mobility problems, the Department of the Environment, Transport and the
Regions has
produced a video and supporting literature entitled It’s
not my problem. This is designed to promote better quality special needs
transport services for children and young people who need specialized
provision
to get to school, attend a youth club, or go on holiday, for
example.
8.33.3 The Government proposes to extend the mobility component
of Disability Living Allowance to three and four year olds.
8.33.4 The
Government proposes to introduce a new Disability Income Guarantee for severely
disabled people. The guarantee will take
the form of a new higher rate of
disability premium and a new higher rate of disabled child premium, paid as part
of Income Support
(IS), income-based Jobseeker’s Allowance (JSA), Housing
Benefit and Council Tax Benefit, for those who receive the highest
rate care
component of Disability Living Allowance. The help will benefit over a third of
families on IS and JSA (IB) in 2001 with
disabled child premium. Approximately
two thirds of those helped will be lone parent families.
8.34 Social Security and childcare services and facilities
Articles 26, 27
8.34.1 The
Government, through the Social Security system, aims to:
− support all families with children, especially poorer families;
− help workless parents into the labour markets by lowering the barriers to work, especially the lack of affordable childcare;
− support working parents; and
− ensure that financial and emotional support from parents continues even after separation.
8.34.2 The Government believes that the
best support for children is that provided by parents, ensuring they grow up
with as high
a standard of living and as high hopes for the future as possible,
in a household where work, not benefit dependency, is the norm.
Parents will be
helped into the labour market through the Working Families Tax Credit (WFTC), by
better childcare provision and
by the extension of family-friendly working
practices. One million children and their parents will be helped over the next
five
years by the Government’s national childcare
network.
8.34.3 Child Benefit remains the primary benefit for families,
providing a contribution to the cost of bringing up children. It is
a
universal, non-means tested benefit payable at a flat rate in respect of each
child, with a higher rate for the first child. This
benefit is normally paid to
the mother as the primary carer for the child.
8.34.4 A similar benefit
is paid in Northern Ireland as well as England and Wales and
Scotland.
8.34.5 Those families who assume the responsibility of caring
for an orphan can receive Guardian’s Allowance in addition. Recipients
of
contributory Social Security benefits who have dependent children normally
qualify for a child dependency increase, which is paid
on top of Child
Benefit.
8.34.6 However, for low income families with children, the main
source of help is Income Support, an income related benefit payable
to people
who work less than 16 hours a week. An allowance is paid according to age in
respect of each child and a flat rate additional
premium is paid for each
family. In addition, families receive help with housing and local taxation
costs which is also linked to
family size and the age of the
children.
8.34.7 For low income families working 16 hours or more a week
help is provided through Family Credit. This benefit, available to
both
employed and self-employed, gives extra income to families so that they can move
into or remain in work. A means tested benefit,
it also takes account of family
size and the age of the children. Again, a similar benefit is paid in
Northern Ireland.
8.34.8 In October 1994 additional help with childcare
costs was introduced into Family Credit improving the level of help available
for those families previously prevented from taking up work. The amount of help
with childcare costs available in Family Credit
was increased from June
1998.
8.34.9 Although the family remains a fundamental building block of
society, it is often children and families who bear the brunt of
economic
change. There is no agreed definition of poverty in the United Kingdom,
but:
(a) In 1996/97, almost three in ten children were in families in
the bottom fifth of the overall income distribution. Around four
in ten
children were in families in the top half of the income
distribution.
(b) Between 1979 and 1995/96 (where this represents the
combined financial years 1995/96 and 1996/97) and including the self-employed,
the proportion of children living in families without a full-time worker rose
from 18 per cent to 32 per cent.
(c) Between 1979 and 1995/96 the
proportion of children below fractions of contemporary average income increased
substantially.
Excluding the self-employed, in 1979 8 per cent (on the
Before Housing Costs (BHC) measure of income) and 9 per cent (on the After
Housing Costs (AHC) measure) of children lived in households with less than half
1979 average income; by 1995/96 24 per cent BHC
and 34 per cent AHC were in
households with less than half 1995/96 average income.
8.34.10 The
Government announced in the budget in 1998 their intention to increase support
for all families by:
(a) Increasing the Child Personal Allowances for
children under 11 years by £2.50 in the income related benefits from
November
1998; and
(b) Increasing the standard rate of Child Benefit for
the eldest child from April 1999 by £2.60. The same amount will be added
to the family premium in Income Support, Jobseeker’s Allowance, Housing
Benefit and Council Tax Benefit to ensure that the
poorest families benefit from
the change.
8.34.11 From October 1999 the Working Families Tax Credit
will replace Family Credit providing a more generous level of help to those
families on the lowest incomes and extending help further up the income scale.
There will also be improved help with childcare costs
allowing families to
receive 70 per cent of their childcare costs, which will be subject to an
overall ceiling. Families on lower
incomes will be able to receive up to 95 per
cent of their childcare costs through the combined effect of the WFTC, Housing
Benefit
and Council Tax Benefit. The qualifying age for children is currently
the September following their twelfth birthday. Under Childcare
Tax Credit
(CTC) the qualifying age will be increased to cover all children up to
age 14 - and in the case of children who are disabled,
and who have greater
needs, until the school leaving age of 16.
8.35 The Sure Start programme for children aged 0 to 3
Articles 6, 18, 24
8.35.1 During
1997-1998 the Government conducted a comprehensive review of the expenditure
programmes of all government departments,
and this review included a
crossdepartmental review of services for children aged 0 to 8. The review
looked at the multiple causes
of social exclusion affecting young children, and
considered whether they could be more effectively tackled at the family and
community
level using a more integrated approach to service
provision.
8.35.2 As a result of this review a new programme - Sure Start
- was announced in July 1998 which will provide support for 0-3 year
olds and
their families in deprived areas. This new support will be specifically
targeted at tackling the early causes of social
exclusion. The new programme
will be based on evidence of what works best in preventing social exclusion,
building on existing services,
and will involve consultation with local
parents.
8.35.3 The Government will put in place arrangements to ensure
that this new investment is well spent, and will consider ways of improving
the
coordination and effectiveness of existing services for young children.
8.36 The National Childcare Strategy
Articles 26, 27
8.36.1 The United
Kingdom Government is committed to supporting families and children.
A vital component of this support is the development
of a National
Childcare Strategy to ensure good quality, affordable childcare for children
aged 0-14 in every neighbourhood, including
both formal childcare and support
for informal arrangements. The Strategy is founded on a commitment to promoting
the well being
of children, offering equal opportunities for parents, especially
women, and to supporting parents in balancing work and family
life.
8.36.2 The framework and consultation Green Paper Meeting the
Childcare Challenge[89]
(May 1998) set out proposals to raise quality, make childcare more
affordable and make childcare more accessible. This is to be
achieved by
working in partnership at a local level with local authorities, private and
voluntary childcare providers, parents, Training
and Education Councils (TECs),
and employers. Some 600 responses to the Green Paper were received and
the government is considering
how to take the Strategy forward.
Guidance to Early Years Development and Childcare Partnerships was
published in October
1998.[90]
8.36.3 Further
action is in hand to raise the quality of care - plans include the better
integration of early education and childcare
and at least 25 new Early
Excellence Centres which will provide models of good quality integrated
education and childcare; better
support for parents and informal carers; a more
consistent regulatory regime covering education and childcare; establishing high
quality programmes of regular out of school learning activities; new standards
for early education and childcare; a new training
and qualifications framework
for childcare workers; and more opportunities to train as childcare
workers.
8.36.4 The Government also aims to make childcare more affordable,
as explained at paragraph 8.34.11.
8.36.5 Childcare will be made
more accessible by increasing places and improving information -the United
Kingdom Government is encouraging
a diversity of childcare provision to meet
parents’ preferences. Funding of £300 million in England will be
used to set
up new out of school childcare places over the next five years.
Plans also include a new national information line which will link
parents with
local childcare information services which meet national
standards.
8.36.6 In Scotland similar structures have been put in place
and £91 million is being made available from the Comprehensive Spending
Review: £49 million to support the childcare strategy in general and
£42 million for support for families with very young
children. The
New Opportunities Fund will also provide £25 million specifically for
out of school care.
8.37 Out of school childcare
Article 27
8.37.1 Since 1993 the
United Kingdom Government’s Out of School Childcare Initiative (OSCI) has
created 122,745 good quality,
affordable out of school childcare places in
England. The Initiative offers parents, especially women, the opportunity to
participate
more fully in the labour market. Before the Initiative there were
only 500 after school childcare schemes. Now there are over 4,000
schemes most
of which would not have opened without government support. The Initiative was
delivered locally by Training and Enterprise
Councils (TECs) in England in
partnership with local authorities, school, voluntary organizations and
employers. (Similar but separate
arrangements exist in Wales, Scotland and
Northern Ireland.)
8.37.2 As part of the National Childcare Strategy,
there will be a massive expansion in out of school childcare places. In its
last
year of funding places, 1998-1999, increased funding of
£22.1 million led to 41,376 extra childcare places in England. From
1999 the Lottery New Opportunities Fund will invest £220 million in
supporting the setting up of new out of school childcare
provision in the United
Kingdom, of which £20 million is for integrated childcare and education
projects. The intention is
that out of school childcare will become available
for every community which needs it, helping up to 1 million children.
8.38 Health and housing for Travelling people in England and Wales
Articles 2, 24, 27
8.38.1 With regard to
health services, regional health authorities in England are required to take
account of Travellers’ needs
in drawing up their plans. The Department of
Health funds a number of special schemes aimed at improving access to primary
health
care for people without permanent accommodation.
8.38.2 There have
been changes since the United Kingdom’s first report in relation to
accommodation for Gypsy and Traveller
families. Under Part II of the Caravan
Sites Act 1968, local authorities had a duty to provide caravan sites for
Gypsies resorting
to or residing in their area. From 1978 to 1994, under the
Department of Environment Gypsy sites grant programme, over £128
million
was expended on grant-aiding site provision. Permanent sites usually have
internal roads, hardstandings, amenity buildings
containing bath or shower,
toilet, basin, sink, working areas, electricity to each pitch, and street
lighting. The sites should
be in areas frequented by Gypsies and have
reasonable access to shops, schools and essential services. Under the grant
programme
the number of caravans on local authority sites increased from just
under 3,000 to nearly 6,000. Part II of the Act was repealed
in November 1994
with 330 sites in existence. The emphasis is now on encouraging Gypsies to
provide sites for themselves through
the planning process. The Department of
the Environment issued advice to local authorities in January 1994 that, when
drawing up
their development plans, they should address the accommodation needs
of Gypsies. There are now some 4,000 Gypsy caravans on private
sites compared
to just under 3,300 in January 1994. Altogether, in January 1998, 80 per cent
of Gypsy caravans were on authorized
sites, the highest proportion ever.
8.39 Housing for Travelling people - Northern Ireland
Articles 2, 26, 27
8.39.1 The Department
of the Environment for Northern Ireland is involved in the provision of
accommodation for the travelling community
in the form of serviced sites for
Travellers. It offers 100 per cent grant-aid to District Councils who provide
the sites. On 5
August 1998 the Department of the Environment published as a
consultation paper the Report of the Working Party on
Accommodation[91] for
Travellers. This proposed a number of options for Traveller accommodation.
The consultation period finished on 31 October 1998 and over 40
responses were
received. While they were being considered the Minister for the Environment in
the Northern Ireland Office asked
the Northern Ireland Housing Executive to
carry out pilot exercises on four sites throughout Northern Ireland. The
revised policy
should issue shortly.
9. EDUCATION, LEISURE, CULTURAL ACTIVITY
This chapter covers
articles:
28 Right to
education
29 Education to be directed towards
development of talents
31 Right to rest and play,
and participate in culture
9.1 Raising standards in schools
Article 28
9.1.1 The
Government’s aim is to ensure the best possible quality of teaching and
learning in every school and to enhance excellence
in education. Through its
White Paper Excellence in
Schools,[92] the School
Standards and Framework Act and the Teaching and Higher Education
Act, the Government has developed a programme of action in England and Wales
designed to raise standards in schools and increase the
morale and
professionalism of teaching and reducing exclusion from school. The measures
planned or under way include those set out
in sections 9.2 to 9.8 below.
9.1.2 During 1997-1998 the Government conducted a comprehensive spending
review of the expenditure programmes of all government departments.
Under
this review the proportion of United Kingdom GDP devoted to education will
rise from 4.6 per cent in 1998-1999 to 5.0 per
cent in 2001-2002.
The cash sums for education will rise from £38.2 billion in 19981999
to £47.8 billion in 2001-2002.
9.2 Local authority education development plans in England
Articles 28, 29
9.2.1 Local
Authorities were required to draw up Development Plans (EDPs)
by 1 April 1999. Local Education Authorities will work
with
schools and, in particular, support them in meeting their performance
targets on literacy and numeracy and on reducing school
exclusions. The
Secretary of State for Education and Employment approved all EDPs
on 26 March 1999 - 144 for all the full three
years, and six with
the requirement to re-submit their EDPs within one year.
9.3 Class sizes in England, Wales and Scotland
Article 28
9.3.1 Research has
shown that by allowing teachers to spend more time with individual children,
smaller classes benefit pupils in
those vital early years when they need to
acquire the basic skills of literacy and numeracy. For that reason, the
government has
passed legislation to reduce infant class sizes for 5, 6 and 7
year olds to 30 or below by September 2001 at the latest, using money
from the
Assisted Places Scheme. In 1998 the percentage of pupils leaving
primary school with the level expected for their age in
English was 65 per
cent. For mathematics it was 59 per cent.
9.3.2 The Government wants
this target to be achieved early - by September 2000 wherever possible - and has
made available £620
million to put this into effect. £217 million has
already been invested in additional teachers and new classrooms. The remaining
£403 million will be made available over the next two years to provide some
2,400 new classrooms and around 6,000 more teachers.
9.4 The National Literacy and Numeracy Strategies in England and Wales
Article 28
9.4.1 The Government
is committed to raising standards of literacy and numeracy. These skills are
the foundation for future learning,
and the key to developing a child’s
full potential.
The Government has set ambitious national targets for 2002 when it is
expected that 80 per cent of all 11 year olds will achieve the
standards
expected for their age in English and 75 per cent will achieve the
standards expected in mathematics.
9.4.2 The National Literacy and
National Numeracy Strategies are the top priority for primary schools over the
next few years and
the Government will provide teachers with practical support
to raise standards. Both strategies are supported by substantial resources
and
an entitlement to a programme of professional development for all primary
teachers. The strategies will guarantee training for
all primary teachers in
the best methods of teaching literacy and numeracy, translating into action the
Government’s pledge
to help teachers do their job well and acquire
practical skills for the classroom. The new national curriculum for initial
teacher
training will help to ensure that new teachers entering the profession
are also equipped to teach literacy and numeracy to a high
standard.
9.5 National Literacy and Numeracy Strategy in Scotland
Article 28
9.5.1 The Scottish
Office Education and Industry Department has embarked on a national strategy for
improving their level of achievement
in literacy and numeracy,
by:
(a) Expanding the Early Intervention Programme aimed at raising
standards of literacy and numeracy in the early years to £60
million over
five years;
(b) Developing a framework for setting targets to raise
levels of literacy and numeracy in line with national benchmarks of 80 per
cent
pupils achieving relevant stages in primary and 75 per cent in
S2;
(c) New guidelines for initial teacher training to emphasize
literacy and numeracy;
(d) £30 million over three years to support
in-service training of teachers in literacy and numeracy;
(e) £15
million over three years to support family literacy schemes;
(f) Support
for the National Year of Reading including £7.8 million to allow every
school in Scotland to buy books for their
libraries.
9.6 New professional requirements for head teachers and
teachers in England and
Wales
Articles 28, 29
9.6.1 In
order to help raise teaching standards, under the Teaching and Higher Education
Act newly appointed head teachers will be required to hold a professional
headship qualification and people employed as teachers will
be required to
complete an induction period satisfactorily.
9.7 Specialist Schools in England and Wales
Article 29
9.7.1 The Specialist
Schools programme was established in England in 1993. Specialist schools are
maintained secondary schools which,
in addition to providing the full National
Curriculum, specialize in technology, languages, sport or the arts. A
specialist school
seeks to bring about school improvement through teaching and
learning in its chosen specialism. All such schools must have drawn
up a
three-year development plan setting out how this will be achieved. Specialist
schools are also responsible for raising private
sector sponsorship and building
on-going links with sponsors. Capital and annual grants are available from the
public sector to
complement business sponsorship in order to help specialist
schools implement their development plan.
9.7.2 The White Paper
Excellence in Schools included an announcement on the relaunch of the Specialist
Schools programme. In order
to spread the benefits of the programme, specialist
schools are required to set objectives and related targets for sharing good
practice
and their facilities with other schools and the wider community.
Specialist schools can also be a focal point for revitalizing education
in
Education Action Zones, working with other partners to help bring about school
improvement. The Government has stated its commitment
to extending the
programme, which it believes will promote diversity and excellence in secondary
education. In September 1998 there
were 300 designated specialist schools in
England.
9.8 Education Action Zones in England and Wales
Articles 28, 29
9.8.1 The Government
is determined to ensure that all pupils have the opportunity to gain the
qualifications and skills they will
need to participate in society and work, and
will have the confidence to continue learning throughout life. To achieve this
aim
in areas facing particular challenges requires a partnership approach and a
willingness to innovate.
9.8.2 For this reason, the Government launched
the Education Action Zones programme in the White Paper Excellence in
Schools in summer 1997. Since then, 25 zones have been established and are
in operation. Another 47 zones have been shortlisted in the
first stage of the
second round process and are awaiting final approval.
9.8.3 Education
Action Zones are groups of schools working in partnership with local and
national partners typically including the
local education authority, parents,
businesses, community organizations and other statutory agencies to drive up
standards of education
in areas of social challenge. They are testbeds for
innovative ideas. For example, some zones are using cutting edge IT programmes
for accelerated learning, tackling disaffection, and improving links between
home and classrooms and between primary and secondary
schools. Another zone,
through a one-stop shop bringing together education and social services, is
providing a complete family support
service within the
schools.
9.8.4 Funding for zones in the first round comprises
£250,000 per zone per year from businesses and up to £750,000 from
Government per zone each year. Twelve zones started in September 1998; a
further 13 will start in January 1999. However, funding
for zones in
the second round comprises up to £750,000 a year. £500,000 will
be guaranteed; and up to £250,000 more
will be available to match
pound per pound funds the zone can raise from its business and other partners.
Each zone can therefore
receive up to £1 million per year.
9.9 Raising standards in Scottish schools
Articles 28, 29
9.9.1 In Scotland,
all the Government’s initiatives in school education are part of a major
agenda to improve standards and
achievement. In particular, starting from the
1998/99 school year, the Government have developed with schools and education
authorities
a framework for setting targets and measuring achievement in
relation to those targets. This enables schools to focus on improving
standards. It will also provide a much more meaningful measure of school
achievement than examination results alone and allow more,
better and clearer
information to be provided for parents - enabling them to participate as active
partners in the drive for improvement.
9.9.2 The targets are set by
schools themselves in agreement with their education authority, taking into
account the individual starting
point of each school and the particular local
circumstances which they face. The targets set are stretching but
realistic.
9.9.3 Targets are being introduced and set, initially, in the
four key areas of literacy, numeracy, examination attainment and attendance.
It
is open to schools to set targets in other areas such as ethos, learning and
teaching and other subject areas. The approach
is to challenge schools to do as
well as better performing schools with similar characteristics - and to
challenge the top performing
schools to continue to improve.
9.10 New Community Schools in Scotland
Article 28
9.10.1 New Community
Schools are central to the Government’s strategy to modernize schools, to
raise attainment and to promote
social inclusion.
9.10.2 New Community
Schools bring together in a single team professionals from a range of services.
This will enable action to be
taken early to address the needs of vulnerable
children and to meet those needs in the round. The focus is firmly on the pupil
and
his or her family. New Community Schools will ensure integrated provision
of school education, social work and health education
and promotion services.
These are the core services but authorities are encouraged to consider other
services and be innovative
and flexible in their approach. Services in New
Community Schools will be integrated and management structures will include a
single
reporting and accountability framework.
9.10.3 New Community
Schools will set targets for raised attainment, raised attendance and reduced
inclusion; improved service integration;
improved social welfare; and improved
health.
9.10.4 At present the Government is funding five development
projects which build on previously existing activity in relation to integrated
approaches and illustrate some of the practical aspects of the New Community
Schools model. The New Community Schools Prospectus,
which gives authorities
details of how to apply for funding for pilot projects, was published in
November 1998. Pilot projects will
begin from 1 April 1999. Over the three
years from April 1999, the Government will invest £26 million from The
Scottish Office
Excellence Fund to support at least two projects in the area of
each local authority.
9.10.5 Over the three years from April 1999, the
Government will invest £26 million from The Scottish Office Excellence
Fund
to support at least two pilot projects in the area of each local authority.
In the first phase, from April 1999, there are 37 pilots,
involving single
schools or clusters of schools arranged in a number of ways (e.g. groups of
primary schools or a secondary school
with the primary schools associated with
it).
9.11 Education, leisure and cultural activities in Scotland
Articles 28, 29, 31
9.11.1 The Scottish
Office Education and Industry Department administers a grant scheme - the
Further Education (Approved Associations)
(Scotland) Grant Regulations 1989 -
which supports national community education voluntary
organizations.
9.11.2 The grant scheme assists national voluntary
organizations working in the field of youth work, adult basic education and
community
development with the cost of maintaining a headquarters presence in
Scotland (in 1998-1999, grants totalling over £1.5 million).
This helps
organizations to coordinate and develop their contribution to informal
education. There is a diverse range of voluntary
activity in the informal
education sector and voluntary organizations make a significant contribution to
the economic, social and
environmental life of Scotland. Included in the
scheme’s aims are: to complement and influence statutory educational
provision
and to encourage participation by all members of the community
including children and young people in the processes of personal and
social
development and education, both individually and collectively.
9.11.3 At
present, local authorities provide community education as part of their duty,
under section 1 of the Education (Scotland)
Act 1980, to secure the adequate and
efficient provision of further education (allocation in 1998-1999 £101.5
million). That
includes social, cultural and recreational activities and
physical education and training either as voluntary organized activities
designed to promote the educational development of persons taking part or as
part of a course of instruction. The functions of community
education provided
by authorities are adult education, educational support for community
development and work with children and young
people. In all these fields,
authorities are able to make provision themselves or through or in partnership
with other organizations,
particularly voluntary bodies.
9.11.4 In
particular youth work is concerned with the personal and social development of
young people, who through their participation
in youth work programmes will grow
and develop as individuals having particular knowledge, skills and the
confidence to participate
fully in their organizations, projects, communities
and society in general. Statutory and voluntary community education
organizations
offer a wide range of leisure and recreational activities and
initiatives for young people which stimulate personal and social development
and
decision-making and independent living skills. Peer education is particularly
successful with young people, for example in health
education programmes. These
skills not only assist young people in their personal development and growth to
maturity but encourage
the development of self-esteem giving them the confidence
to participate in formal education and training programmes.
9.11.5 Community Learning Scotland (CLS), the Government’s
advisory body on community learning (building community capacity,
investing in
community learning and promoting personal development) has a Youth Work Forum
which brings together a cross-section
of organizations associated with youth
work to provide information and advice to local authorities and facilitate
collaborative youth
work developments. The “Connect Youth” network
aims to involve young people between the ages of 13 and 19, particularly
those
with little or no previous experience of formal youth activities. A number of
councils have established forums and encouraged
representatives of a wide range
of service departments to attend meetings. CLS is involved in the design and
delivery of the training
provision and in networking between the various groups.
There is widespread interest in the establishment of a national forum which
would facilitate collaborative approaches, provide a national resources unit as
well as a platform for debating and taking forward
issues of national importance
to young people. A National Voice for Youth - a Youth Parliament - is receiving
support to establish
links with the Scottish Parliament. Such a Youth
Parliament will help young people gain experience of politics, establish
partnerships
and make links with young people across Europe. Empowerment of
young people to have an informed and active role in determining the
decision and
conditions that affect their lives does much to promote active citizenship in
individuals and communities.
9.11.6 Community education is also involved
with the pre-school sector in stimulating adult learning to help parents
understand child
development and improve parent’s self esteem to the
benefit of the child. This provision is part of the wide-ranging adult
education programmes available throughout Scotland and will be integral in the
development of adult basic education policy. Increasingly
other agencies such
as further education colleges and training providers are developing literacy and
numeracy support programmes.
9.12 Spiritual, moral, social and cultural development and
citizenship in England
and Wales
Articles 28, 29, 31
9.12.1 Many
schools offer education for citizenship as part of their provision for preparing
pupils for responsible life in a free
society. The Government recognizes that
whilst there is good practice in some schools it is by no means universal. It
established
a National Advisory Group on Education for Citizenship and the
Teaching of Democracy in Schools to build on and extend current good
practice
and to give greater coherence to this work in all schools in England and
Wales.
9.12.2 The final report of the Advisory Group on Education for
Citizenship Education and the Teaching of Democracy in Schools was
published in
September 1998. It recommended ways in which schools can develop in young
people the knowledge, skills and aptitudes
to make their voices heard and play a
positive role in their communities.
9.12.3 The Secretary of State for
Education and Employment has accepted the recommendations of the Citizenship
Advisory Group that,
while there is much good practice in schools, citizenship
education needs to have greater coherence. He has also accepted the
recommendation
of an interdepartmental neighbourhood renewal team, Policy Action
Team 10, that the Government should “encourage schools, through the use
of creative and sporting activity as part of Personal and Social and Health
Education to build
pupils’ confidence and
self-esteem”.
9.12.4 The Secretary of State for
Education and Employment announced his
proposals[93] for the
review of the National Curriculum on 13 May 1999. The Government asked the
Qualifications and Curriculum Authority to consult
on the proposals to enhance
the teaching of citizenship and democracy in schools - at Key Stages 1 and 2 as
part of a non-statutory
framework including personal, social and health matters,
and at Key Stages 3 and 4 as a distinct statutory entitlement. The Government
intends that this will be a light touch approach, with a programme of study
based on learning outcomes to allow scope for schools
to develop their own
approaches for delivering teaching in citizenship, and to be innovative, for
example by drawing on knowledge
and understanding gained across other subjects
in the curriculum, and encouraging political activities in the community. In
order
to allow schools time to build good practice in this area, we propose to
implement the statutory order in September 2002. The Government
will also
develop proposals for supporting the training of teachers, and provision of
guidance and resource materials.
9.12.5 The proposals for PSHE and
citizenship are designed to build on and extend current good practice, establish
coherence and secure
consistency and continuity and progression of learning.
They set out a learning framework across the Key Stages to enable schools
to:
(a) Promote their pupils’ personal and social development,
including their health and well-being effectively;
(b) Develop
pupils’ knowledge and understanding of their role and responsibilities as
active citizens in a modern democracy;
and
(c) Equip them with the
values, skills and knowledge to deal with the difficult moral and social
questions they face.
9.12.6 The framework consists of:
(a) Joint
non-statutory framework for personal, social and health education and
citizenship at Key Stages 1 and 2; and personal,
social and health education at
Key Stages 3 and 4; plus
(b) A statutory Order for a foundation
subject in the national curriculum for citizenship at Key Stages 3 and
4.
9.12.7 The Government believes that for citizenship at Key Stages 3 and 4,
where provision is not so well established, it is important
for young people to
have a clear statutory entitlement to learning about their duties,
responsibilities and rights as citizens, the
nature of democratic government and
the skills needed to play an active part in their school, neighbourhood,
communities and society.
9.12.8 The proposals for PSHE and citizenship
are designed to be a basic framework within which schools can develop their own
approaches.
They include opportunities for active learning through community
involvement and the practical development of the key skills of
communication,
working with others, the application of number, information technology,
improving own learning and performance, and
problem solving. They recognize the
contribution which personal, social and health education and citizenship can
make to combating
racism and promoting equal opportunities through teaching
about fairness, justice, rights and responsibilities and through developing
an
understanding and appreciation of diversity.
9.12.9 Citizenship is
complementary to and not a substitute for history, spiritual and personal social
and health education. Together
with these subjects it will help develop the
citizens of the future. For example, the framework proposes that by the end of
Key
Stage 4, to develop knowledge and understanding, pupils should understand
the legal and human rights and responsibilities underpinning
society, and how
they relate to citizens, including the role and operation of the criminal and
civil justice system. There will,
therefore, be opportunities for schools to
teach about the main human rights charters and conventions, including the
United Nations
Convention on the Rights of the Child.
9.12.10 NGOs
have expressed concern that the Citizenship Education Advisory Group’s
report argues against any statutory requirement
to introduce mechanisms directed
to ensuring that children are provided with opportunities to express their views
on the running
of schools and their education.
9.12.11 In a survey for
the Institute of Citizenship Studies - Citizenship Education in Primary
Schools (Kerr 1996), 14 per cent of the 144 schools responding said they had
a school council; some 75 per cent said they involved pupils
in negotiating
rules on behaviour. In a similar survey of secondary schools -
Citizenship Education in Secondary Schools - a national survey (Fogelman
1991) - around 60 per cent of the 455 schools surveyed said they had school
councils.
9.12.12 Many schools, therefore, already have school councils
or involve their pupils in decision-making in other ways. We expect
this will
spread when citizenship has a higher profile in schools. The Government will
encourage schools to involve their pupils
in these ways but does not wish to
overburden them at this time of change in the education sector by introducing
statutory requirements.
9.12.13 The Government recognizes the importance
of continuing citizenship education after the end of compulsory schooling,
including
in FE colleges. Many colleges and schools already offer a wide range
of opportunities, both formal and informal, for 16-19 year
old students to
enhance their knowledge and understanding of their rights and responsibilities
as citizens. Ministers will be considering
how best to encourage institutions
to develop those opportunities further as part of their consideration of the
Government’s
overall strategy for citizenship education.
9.12.14 The
Deputy Prime Minister and the Secretary of State for Education and Employment
announced a national Children’s Parliament
on the Environment, to build on
the interest that young people have in this area and to stimulate them to think
about what can be
done - in particular what they can do themselves - to secure a
healthy future for everyone. The initiative provided children with
the
opportunity to develop an understanding of, and take an active role in, the
democratic process and help them to understand their
duties, responsibilities
and rights as citizens. The competition had two strands: a debating
competition and an essay competition.
It culminated with the winners presenting
an action plan to the Prime Minister. The Government will now respond to the
issues raised
by the children during the Parliament.
9.13 Spiritual, moral, social and cultural development and citizenship in Scotland
Articles 28, 29, 31
9.13.1 In Scotland,
the 5-14 Curriculum Programme for pupils between those ages offers a number of
opportunities for pupils to learn
about spiritual, moral, social and cultural
development and citizenship under the national guidelines on Personal and Social
Development,
Religious and Moral education and Environmental Studies.
9.14 Citizenship education, and other developments in the
National Curriculum -
views of NGOs
9.14.1 The National
Children’s Bureau (NCB) believes that dissemination of the Convention
remains piecemeal. They would like
to see copies of it more widely available in
schools, more reference to it in teacher training, and that of others who work
with
children, and a wider range of material including Internet sites,
age-appropriate printed material, and library resources related
to the
Convention.
9.14.2 The Government supports the widest dissemination of
the principles of the Convention, although for many children that can more
appropriately be achieved by referring to the Convention in the course of other
work, and in language more suited to children than
the inevitably legalistic
tone of the Convention itself. These views of NGOs on dissemination of the
Convention therefore link closely
with the issues related to citizenship
education described above.
9.14.3 There have been other suggestions from
NGOs for widening of the National Curriculum, for example to include sex and
relationship
education. They noted with approval that the QCA consultation
report on citizenship
education[94] specifically
asks about its relationship with personal and social education: and that the
DfEE has appointed a national advisory
group on personal and social
education.
9.14.4 The Social Exclusion Unit published its report on
teenage pregnancy on 14 June 1999. Following the report the DfEE will issue
new
draft guidance on sex and relationships education by the end of the year which
will underline how vital it is that pupils are
taught sex education which is
appropriate for their age. The Government wants teachers to be better trained
to teach children about
sex and relationships. The Teacher Training Agency will
shortly produce proposals for the accreditation of specialist sex and
relationships
education teachers. In addition, the Government wants all Ofsted
inspections to cover sex and relationships education and to make
sure their
inspectors are properly trained to do so. Parents will continue to have a major
say in the sex and relationships education
offered at schools and will work in
partnership with staff and governors on the development of school sex education
policies. They
will also retain their right to withdraw their children from all
or part of sex education, but as now the Government expects that
very few will
choose to do so.
9.14.5 The Personal, Social and Health Education
Advisory Group’s report was also published on 14 June 1999. It makes
a strong
educational case for PSHE and suggests how the best practice in our
most successful schools can be built on to develop a coherent
approach within
and beyond the curriculum. Good Personal, Social and Health Education is a
major means by which schools promote
their pupils’ personal and social
development, health and wellbeing.
9.15 Personal Learning Plans - Scotland
Article 29
9.15.1 The Government
believes that children need to be recognized as individuals and given the
personal support and encouragement
they require. They are therefore introducing
personal learning plans, to be piloted in new Community Schools. The plans will
set
out a programme of learning for each child, taking into account their
individual needs, experience and progress. Key features will
include an
assessment of children soon after entry into education, forming the starting
point of the plan; an agreed programme, including
targets for achievement which
will be regularly reviewed and updated to ensure that it remains relevant to the
pupil’s needs
throughout his or her time at school; and an outline of the
main responsibilities of the school, parent and pupil in relation to
the
learning plan. The plan will initially be agreed with parents, with the pupil
taking increasing responsibility for the plan
as they move through
school.
9.16 Peer Education and Peer Counselling
9.16.1 Through the National Mentoring Network
(NMN), the Department promotes mentoring, including peer tutoring opportunities
for
pupils in schools, to help motivate, inspire and raise aspirations and
achievement. DfEE is currently funding a cross-age tutoring
project in
Birmingham (Secondary School pupils acting as tutors in local primary schools),
and another in Bedfordshire, in which
post-16 students act as
“buddies” to incoming Middle school pupils.
9.16.2 The DfEE
has recently undertaken a survey of Secondary Schools to establish the extent of
different types of mentoring being
used, including peer tutoring.
9.17 Improving attendance at school in England
Article 28
9.17.1 Improving
school attendance of registered pupils of compulsory school age (5-16) is a key
element in the Government’s
drive to raise educational standards. The
price young people pay for irregular attendance is all too apparent: only 8 per
cent
of persistent truants obtain five or more GCSEs at grades A-C, compared
with 54 per cent of those who have never truanted in year
11. In addition
the Youth Cohort Study shows that young people who truant are less likely to
have a good job offering training and
more likely to be unemployed or inactive
than those who attend regularly. There are also wide social consequences. The
1996 Audit
Commission report “Misspent Youth” indicated that 65 per
cent of school-age offenders sentenced in court were persistent
truants or had
been excluded from school.
9.17.2 Each year in England almost a million
registered pupils miss at least one half day without the school’s
authority. About
50,000 are absent on any one day. The 1998 National Pupil
Absence Tables published by the DfEE on 1 December 1998 indicate a slight
increase in the time lost to unauthorized absence in maintained schools -
1.1 per cent compared to 1.0 per cent in 1997. In primary
schools,
levels of unauthorized absence have remained at 0.5 per cent of scheduled
schooling missed.
9.17.3 The Government has therefore set an ambitious
goal of reducing the learning time lost due to unauthorized absence by one third
by year 2002. To assist schools and local education authorities to meet this
target, a new major grant programme has been introduced.
£500 million over
three years is being made available to cut truancy, unruly classroom behaviour
and unnecessary exclusions.
The programme will involve cooperation between
schools, local councils and police in a package of measures including
computerized
registration facilities to monitor attendance, additional staff to
follow up unexplained absences and support for initiatives such
as truancy watch
schemes.
9.18 Improving attendance at school in Scotland
Article 28
9.18.1 In 1995 the
Scottish Initiative on Attendance, Absence and Attainment (SIAAA) was set up
jointly between HM Inspectorate of
Schools and the University of Strathclyde.
Its aims were:
(a) To raise awareness of the importance of attendance
and attainment;
(b) To highlight and disseminate examples of good
practice;
(c) To encourage schools, School Boards and parents to improve
their skills and knowledge on attendance matters; and
(d) To highlight
disruption caused to a pupil’s learning by high levels of authorized and
unauthorized absence.
9.18.2 It offered a national programme of staff
development courses on attendance policy, monitoring and evaluating attendance,
working
with parents and School Boards and raising pupil and teacher
expectations. A regular newsletter The School Supporter was issued to
all schools.
9.18.3 Many innovative approaches to combat truancy have
been developed and publicized by individual schools. These include the
preparation
of absence and lateness notification slips to overcome the
reluctance of parents to provide notes to explain absence smart card systems
for
senior pupils, mailshots to all parents including a newsletter and an attendance
print-out for all pupils, positive letters home
for good attendance and
incentive schemes based on attendance. The work of schools has been brought
together in Close to the
Mark,[95] a publication
of good practice launched in December 1997. It has been produced by the SIAAA
and presents a wide range of examples
on good practice, as well as examples to
help a school evaluate and develop its own practice.
9.18.4 As part of
the Government’s initiative to raise standards in schools, a national
objective to minimize levels of levels
of absence in Scotland has been
announced. Within that it will be for schools and education authorities to set
detailed targets
and develop strategies for improving performance on
attendance.
9.19 Improving attendance at school in Wales
Article 28
9.19.1 The Welsh
Office has accepted targets recommended by the Social Exclusion Unit, in its
report on school exclusion and truancy,
for a reduction in the level of
exclusions and truancy by one third by the year 2001. The Department will issue
guidance on school
attendance and related matters later in 1998.
9.20 Nursery education in England and Wales
Articles 28, 29
9.20.1 The Government
is committed to high quality early education integrated with childcare and
family support where needed; and
to cooperation and partnership between the
state, private and voluntary sectors in the planning and provision of
services.
9.20.2 The nursery voucher scheme established by the previous
Government was discontinued at the end of the summer term 1997. This
was
replaced by a new planning approach in which representative partnerships work
with local education authorities to produce Early
Years Development Plans
(EYDPs) for their areas.
9.20.3 The first EYDPs were approved in March
1998. These guarantee nursery education places from September 1998 for all four
year
olds whose parents want such facilities for their child. This means free
places for up to 650,000 four year olds in England, and
requires LEAs to work
closely with approximately 16,000 voluntary groups and private nurseries. For
the longer term, EYDPs will
show how childcare and education will be integrated,
and how provision will be extended to include three year olds.
9.20.4 In
July 1998, the Government announced:
(a) The launch of the Sure Start
programme, an interdepartmental approach to integrated service provision for
vulnerable children
aged 0-3 (see section 8.35); and
(b) A doubling of
nursery education places for three year olds by 2002, entailing 190,000
extra free places.
9.20.5 Early Years Development Plans have also been
prepared for 22 Welsh local authority areas. From 1 September 1998 all four
year
olds are entitled to at least a part-time early years education place.
Welsh plans also take account of the need to plan for the
provision of early
years education through the medium of the Welsh language.
9.20.6 The
Government has also introduced a pilot programme of Early Excellence Centres
(EECs) to help develop and test high quality,
integrated, family-oriented early
years services. The immediate target is to establish 25 over three years and,
at the time of writing,
11 had been approved. As “beacons of
excellence”, EECs will work with other agencies and providers to develop
integrated
services and raise standards.
9.21 Pre-school education in Scotland
Articles 28, 29
9.21.1 The Government
are committed to an ambitious programme of expansion. By the winter of
1998, all parents in Scotland with children
in the pre-school year had access to
a high quality, part-time pre-school education place for their child. At
present over 90 per
cent of eligible children undertake pre-school education.
Local authorities have responsibility for planning, coordinating and delivering
places in their area. They may do so through their own managed centres, or by
commissioning places in the private and voluntary
sectors. Local authorities
are funded by direct grant.
9.21.2 The Government are also committed to
extending universal provision to all three year olds, from the term after their
third
birthday, by 2002. With their partners local authorities expect to
educate around 60 per cent of three year olds in school year
1999-2000, which
represents good progress towards the target. An additional £138 million
has been allocated to early education
over the period 1999 to 2002 to fund this
expansion. This brings the total budget for pre-school provision for this
period to £382
million.
9.21.3 At present, pre-school education and
day care of children are regulated under differing streams of regulation. Local
Authority
nursery schools and classes are regulated under Education legislation,
whereas pre-school outside school sites and day care for children
0-8 is
regulated under “Children’s” legislation. This has resulted
in differing staffing and other standards being
applicable in different
settings, where the same type of activity is being conducted. The Scottish
Office has recently issued a
consultation paper on this issue, Regulation of
Early Education and
Childcare,[96] which
discusses the possibilities of harmonizing the regulatory standards which apply
in pre-school education and childcare settings.
Responses to this consultation
paper are due by 30 June 1999 and Scottish Ministers will then consider
appropriate methods of progress.
9.22 Access to pre-school education in Northern Ireland
Articles 28, 29
9.22.1 In Northern
Ireland the Government has established a Pre-school Education Advisory Group
(PEAG) in each Education and Library
Board area to prepare and assist with the
delivery of a pre-school education expansion programme beginning in September
1998. The
expansion programme is designed to provide a full year of pre-school
education to all children in the year before they enter compulsory
education,
and will be delivered through partnership between the statutory, voluntary and
private sectors. The phasing of the programme
will be dependent on the
available resources. The PEAGs will work closely with existing Area Early Years
Committees in coordinating
the planning of pre-school education with other early
years services.
9.23 Education and academic attainment of boys
Article 28
9.23.1 The Government
is concerned at the gap in some areas of the curriculum between the performance
of boys and girls at school.
A report by the Government Office for Standards in
Education (“Recent Research on Gender and Educational Performance”,
Ofsted (1998)) has analysed recent research on the causes of this gap. It shows
there are many complex reasons and that there is
no simple, single
solution.
9.23.2 The Government has taken action in a number of areas to
address this issue. Local Education Authorities are now required to
demonstrate
in their Education Development Plans what action they will take, where relevant.
Trainee teachers are being made aware
of the need to set high standards,
regardless of gender. The Government is encouraging and enabling schools to
analyse the performance
of groups of pupils by gender. The Government is also
funding projects which address boys’ underachievement, particularly
in
literacy.
9.24 Discrimination in school exclusions - views of NGOs and
the Government’s
response
Articles 28, 2
9.24.1 Some
NGOs commented that there was evidence that children of ethnic minorities were
disproportionately represented among those
excluded from school. The
Churches’ Commission for Racial Justice pointed out, for example, that a
report of September 1996
by the Office for Standards in Education found that
African/Caribbean pupils were up to six times more likely to be excluded than
white children. Some 150 African/Caribbean children in every thousand were
excluded (1993-1994 figures). The Children’s Society
argued for ethnic
monitoring to inform policy in this area, and to enable the possibility of
discrimination to be systematically
guarded against.
9.24.2 The
Government has taken action on these points. The Government’s White Paper
on Education Excellence in
Schools[97] made clear
the Government’s commitment to raising educational standards and to
equality of opportunity for all pupils. It
recognized that children
from ethnic minority backgrounds now form a tenth of the pupil population in
British schools. These children bring with them cultural
richness and
diversity, but some are particularly at risk of under-achieving. The Government
is determined that all must have a
full opportunity to succeed and has
introduced many policies which will benefit ethnic minority pupils alongside
other children,
for example a new focus on literacy and numeracy, and other
measures to raise standards and effectiveness, such as smaller class
sizes,
especially at the infant stage, enabling more attention to be given to children
needing particular support.
9.24.3 The Department for Education and
Employment has set up an advisory group on raising ethnic minority achievement
to help forge
a new partnership at national and local level, and to take action
to:
(a) Spread the successful methods of schools that have been most
effective in raising ethnic minority pupils’
achievement;
(b) Consult on how best to monitor ethnic minority
pupils’ performance at national, local and school level, and how to create
and implement effective plans of action where monitoring reveals
under-performance;
(c) Provide guidance on best practice in raising
awareness of important ethnic considerations, in tackling racial harassment and
stereotyping, in promoting attendance and reducing exclusion of ethnic minority
pupils, and in creating a harmonious environment
in which learning can flourish;
and
(d) Review the level and delivery of specialist support in schools
for raising the participation and achievements of ethnic minority
pupils to
ensure that the support meets continuing needs.
9.24.4 In the light of
the Social Exclusion Unit report on Truancy and School Exclusion (published in
May 1998), the Government will
be pursuing the following initiatives aimed
specifically at reducing ethnic minority exclusion in England and
Wales:
(a) Publishing full data on exclusions including a breakdown by
ethnic minority group;
(b) Requiring OFSTED to conduct special
inspections of high-excluding schools, including those disproportionately
excluding ethnic
minority pupils;
(c) Promoting community mentoring in
ethnic minority communities.
9.24.5 In Scotland forms for recording
exclusions from schools have recently been changed to include details of
ethnicity in order
that this can be monitored.
9.25 Children’s right to be heard with respect to
their exclusion from school - England
and Wales
Articles 12, 28
9.25.1 The
Government accepts that it will often be appropriate for the child to address
the governors’ discipline committee
or the appeal panel about his or her
exclusion from school. The Government’s statutory guidance, “Social
Inclusion:
Pupil Support” (Circular 10/99 issued by the Department for
Education and Employment in July 1999), states that exclusion
panels should
allow the pupil to attend the hearing and speak on his or her behalf, if he/she
and his/her parents so request, unless
there is good reason to refuse.
9.26 Children’s right to appeal against school exclusion - Northern Ireland
Articles 12, 28
9.26.1 Under article
124 of the Education Reform (Northern Ireland) Order 1989, a principal must
determine measures for promoting
self-discipline and good behaviour on the part
of pupils and for their enforcement. In determining these measures a principal
must
have regard to any guidance provided by the Board of Governors: in a
number of secondary schools mechanisms are in place to allow
the views of pupils
to be expressed.
9.26.2 Article 39 of the Education and Libraries
(Northern Ireland) Order 1993 requires school authorities to prepare
schemes specifying
the procedures relating to the suspension and expulsion of
pupils from school. The Regulations made by the Department of Education
for
Northern Ireland to specify the matters to be included in the schemes require
the schemes to provide for the parent or the pupil
himself where he has attained
the age of 18 to be advised of his right of appeal against a decision to expel
the pupil from school.
9.27 Exclusions from school in Scotland
Articles 12, 28
9.27.1 The Scottish
Office commissioned a major research project into exclusions from school from
Moray House Institute of Education
in 1994, which was complete in
1997.[98] The study found
that while there was a general agreement that exclusion from school was a severe
sanction which should be used as
a last resort in reaction to serious or
criminal misbehaviour, there were differences in practice across the country and
within authorities.
The Government therefore issued draft national guidance on
exclusions for consultation and issued a final version in April 1998.
In
encouraging consistency in handling exclusions from school, the guidelines
emphasize a multi-agency, inclusive approach and highlight
good
practice.
9.27.2 The Committee criticized the fact that children do not
have the right to express their opinion when decisions are made to exclude
them
from school. As in England, for the same reasons, the legal right to appeal
rests with the parent, or with the pupil if he
is over school
leaving age. However, the national guidance launched by the Government in
Scotland in April 1998 highlights the need to take account
of the
provisions of the United Nations Convention on the Rights of the Child,
stressing in particular articles 3.1 and 12.
9.27.3 Schools and
authorities are setting targets to reduce exclusions in order to achieve the
Government’s target of a reduction
of a third by 2002. The Government
recognizes that additional resources will be necessary and has therefore
committed £23 million
in additional funds to support children at risk of
exclusion or who have been excluded. The funds will also be used to provide,
by
2002, a full timetable for every pupil excluded for over three weeks. The
Government has stressed in providing these funds that
reducing the need for and
incidence of exclusion should be addressed in an inclusive manner; treating all
pupils equally and offering
them all an educational experience of
value.
9.27.4 The funds are in addition to those provided from 1997-2000
to pilot projects offering alternatives to exclusion. The projects
being
supported under this programme include those which offer personal learning or
behaviour plans to pupils; work placements which
meet the needs of individual
children better than the standard curriculum; and multi-disciplinary teams
focusing on the whole needs
of the child. They are being evaluated by HM
Inspectors of Schools.
9.28 Training for work: The New Deal for Young People - views of NGOs and the Government’s position
Articles 26, 29
9.28.1 Non-government
organizations support the New Deal, the Government’s programme to tackle
youth unemployment. This is
a major programme based on novel methods of
long-term funding for the life of the present Parliament, and involving new
partnerships
with employers in the private and public sector, and with the
voluntary sector.
9.28.2 Some NGOs have expressed concern at the lower
age limit of the scheme, which is available to 18-24-year-olds. They fear that
16 and 17-year-olds who are neither in education, training nor employment - and
ineligible for social security benefits - might suffer
by their exclusion. They
also raise concerns about the level of benefit and whether the amount payable
is adequate.
9.28.3 The Government believes that this point raised
by NGOs is not well-founded. Although 16 and 17-year-olds are not eligible
for the New Deal, they already have access to education and training programmes
which will help them achieve recognized qualifications
and also help them to
achieve work skills. The Government believes that 16 and 17-year-olds should be
in education, training or
work involving some kind of learning, rather than
dependent on the benefits system. That is why young people who leave full-time
education are guaranteed the offer of a work-based training place with an
allowance - though in some cases the training will give
those concerned employed
status with a wage. The Government’s aim is that every young person
should be on the road to achieving
a proper qualification.
9.28.4 The
Government is firmly committed to tackling poverty and improving the living
standards of the poorest households. But the
Government believes that the best
way out of poverty is by helping people into work and giving them the
opportunity to improve their
lifestyle for themselves, where they are able, and
by providing extra help where they are not. There is no objective way of
deciding
what are adequate benefit rates. Levels of benefit need to take
account of the competing demands on public expenditure and work
incentives.
9.28.5 For those who cannot work the Government has devoted
an extra £1.2 billion a year to supporting children and tackling
child
poverty. The Government has also increased the child personal allowance for
children under 11 in Income Support, Income-based
Jobseeker’s Allowance,
Family Credit, Disability Working Allowance, Housing Benefit and Council Tax
Benefit by £2.50 per
week, per child from 9 November. And, from April
1999, child benefit will be increased by £2.95 for the eldest child for
this
group. The Government has also announced a disability income guarantee for
the most severely disabled people.
9.28.6 The Secretary of State for
Education and Employment launched the Investing in Young People Strategy in
December 1997. In July
1999 he announced an enhanced strategy - called
Connexions - for making sure that far more young people continue in
education and training until at least 19. This will build on current
initiatives
including:
(a) Ensuring young people have the help, support
and guidance that will raise their aspirations and tackle any personal and
family
problems standing in the way.
(b) Encouraging employees aged
16-17, who did not receive good qualifications at school, to take advantage of
the new right to study
or train for approved qualifications with the support of
their employer.
(c) Ensuring that the range of qualifications and
courses is attractive and motivating, both to individuals and to
employers.
(d) Building on the best work being done in schools, in
colleges and in work based training to drive up quality and standards of
delivery across all models of learning; and
(e) Tackling barriers to
learning; including financial barriers.
9.28.7 Increasing the number of
young people who want to learn - and improving their success in getting the
skills and qualifications
- will make the difference for individuals between a
lifetime of low skills and low wages, and making a real contribution to society
and gaining proper reward for it. All young people need access to high quality,
comprehensive and impartial careers information,
advice and
guidance.
9.28.8 New Start is a key strand of Connexions. This
initiative, announced on 24 November 1997, aims to motivate and
re-engage 14-17 year olds who have dropped out of learning
or are
at risk of doing so. It is not a new programme replacing
existing provision but a strategy to tackle disaffection amongst
this
age group.
9.28.9 An important part of New Start is the development of
multi-agency partnerships working at local level building on and drawing
together existing initiatives. DfEE is currently funding 17 projects.
All projects were asked to identify the scale and nature of
disaffection
in their area; the effectiveness of local learning provision; the scope to
strengthen existing or introduce new provision
and to develop a strategy and an
action plan based on this research.
9.29 A new Learning Gateway for 16 and 17-year-olds
Articles 26, 29
9.29.1 As part of
Connexions the Government is committed to providing better opportunities
for all young people to participate in learning and to achieve the
highest level
possible. It is particularly concerned to engage in learning those 16 and
17-years-olds who lack the basic skills,
qualifications and attitudes to enter
education and training opportunities at NVQ level 2 or who have become
detached from learning
altogether.
9.29.2 A learning Gateway for this
group of 16 and 17-years-olds will be introduced from this September 1999.
Building on the lessons
learned from New Start partnerships projects and other
similar initiatives the Learning Gateway will provide a client centre approach
to support young people who have drifted away from learning and need additional
help to enter mainstream learning opportunities.
9.30 Modern Apprenticeships and National Traineeships
9.30.1 Modern Apprenticeships were introduced
in 1995 as a challenge from Government to industry to increase radically the
supply
of skills of young entrants to the work force at craft and technician
level, NVQ3. National Traineeships were introduced in 1997
engaging young
people in training to NVQ2 level.
9.30.2 MAs and NTrs are available
throughout the United Kingdom, albeit in slightly different form in Scotland and
Northern Ireland
to reflect the particular features of their education and
training systems. In England and Wales training frameworks are available
in
82 sectors, with another 15 under development, extending industry
approved Apprenticeship training to new sectors vital for
competitiveness
including IT and Telecommunications. There
are 47 frameworks for National Traineeships. The top five sectors in
terms of starts
are business administration, engineering, manufacturing,
retailing, motor industry and hotel catering. Training frameworks must
include
an NVQ level 2 or 3, Key Skills, and the underpinning knowledge and skills
required by employers.
9.30.3 MA is open to young people aged 16 to 24
and is the main work based training option for those aged 19 plus. NTr is
open to
young people aged 16-24, but for the priority group aged 16 to 18
mainly. Over 250,000 young people have embarked on MA since its
national
introduction, with substantial year-on-year increases for young people in
training, now 133,000, which represents 45 per
cent of all work-based training
for young people. There have been 30,000 starts on National Traineeships
since its introduction.
9.31 Time for Study or Training Legislation
9.31.1 From 1 September 1999, young employees
aged 16 or 17 who have not attained a certain “standard of
achievement”
in their previous education or training will have the right
to reasonable paid time off to study or train. The “standard of
achievement” is an essence level 2, i.e.: 5 GCSEs grades A*-C, and NVQ
level 2, Intermediate GNVQ, or certain other qualifications
set out in
regulations. Study or training can be undertaken in the workplace, in college,
through open or distance learning or elsewhere.
Employees who are aged 18
will have the right to time off to complete the study or training they have
already begun. There is no
exemption for small firms and no qualifying period
of employment for the young employee.
9.31.2 There will be new
arrangements for support for FE students and pupils in schools
posts 16 from September 1999. These arrangements,
which include a
means-tested Education Maintenance Allowance (EMA) for young people who stay on
in learning, will be reviewed by
DfEE after about three years of operation, and
the Government will then decide the shape of longer term provision. The EMA
pilots
will operate in selected areas to July 2002.
9.31.3 The Government
does recognize that certain groups of vulnerable young people should be eligible
for benefits. Those in certain
vulnerable groups (for example those leaving
local authority care) or those at risk of severe hardship are able to claim
Jobseeker’s
Allowance (JSA). The vast majority of 16 and 17-year-olds
applying for assistance under the JSA severe hardship provisions are successful.
There is no evidence to suggest that young people in need are being wrongly
denied benefit. Young people who are not available for
work, for example those
with disabilities or certain lone parents, are entitled to Income
Support.
9.31.4 DfEE is closely monitoring the impact of the New Deal on
the availability of work based training opportunities for young people.
Initial
evidence in Pathfinder areas suggests that opportunities for 16-17-year-olds
have not been significantly affected.
9.31.5 In Northern Ireland the
Employment Rights (Time Off for Study or Training) (NI) Order 1998
replicates those sections of the
Teaching and Higher Education Act 1998
(ss 32 and 33) which give young persons the right to paid time
off work for study or training,
by amending the Employment Rights (NI)
Order 1996.
9.31.6 In addition to right to time off, the Order enables an
employee to seek a remedy by taking a complaint to an industrial tribunal
if he
or she claims to have been unreasonably refused permission to take time off work
or to have been denied payment for time taken
off to study. By doing so it
keeps Northern Ireland employment rights legislation in line with Great
Britain.
9.32 New Deal for Lone Parents
Articles 26, 29
9.32.1 The
Government is concerned that the children of lone parents should not live a life
of poverty and social exclusion. The
key to this is to ensure that lone parents
enjoy the same choice as parents in couples to avoid that social exclusion by
obtaining
work. The New Deal for Lone Parents has been introduced to
provide tailored advice and assistance to individual lone parents to
help them
overcome the barriers they face as they seek to improve the lives of their
families through obtaining paid employment.
It is a voluntary programme
targeted principally at lone parents on Income Support whose youngest child is
of school age, but those
with younger children are welcome to take advantage of
the service.
9.32.2 The New Deal for Lone Parents was introduced in eight
prototype areas in July 1997. The programme was extended nationally
to lone
parents making a new Income Support claim from April 1998 and was extended
further to all lone parents already on Income
Support from October 1998.
9.33 Bullying in school - England and Wales
Articles 28, 19
9.33.1 Research
undertaken for the former Department for Education by Sheffield University
between 1991 and 1993 showed that 10 per
cent of primary and 4 per cent of
secondary pupils were bullied at least once a week; and 27 per cent and 10 per
cent of primary
and secondary pupils respectively were bullied at least
sometimes. Subsequent surveys have broadly confirmed these findings. It
is
clear that bullying is widespread and no school is immune from
it.
9.33.2 The Government attaches a high priority to helping schools
prevent and combat bullying. Since 1994, the Department for Education
and
Employment has taken a number of measures to provide schools with guidance so
that they can tackle the problem of bullying themselves.
These have
included:
(a) Releasing two short public information films on the theme
Don’t Suffer in Silence which were shown widely on
television;
(b) Publishing leaflets giving practical advice to parents
and children;
(c) Publishing an anti-bullying pack, made available free
on request to all maintained schools in England; and
(d) Publishing
research on the pack which showed that schools just starting out on their
anti-bullying work found the pack invaluable;
although most schools had a policy
on bullying, either separately or as part of a wider behaviour and discipline
policy, some still
did not and most schools thought there had been a reduction
in the number of bullying incidents since using the pack.
9.33.3 In July
1997 the White Paper in England Excellence in
Schools,[99] and
in Wales the White Paper Building Excellent Schools
Together,[100] reminded
schools that effective strategies to deal with bullying should form a central
part of their behaviour policies. Section
61 (4) (b) of the School Standards
and Framework Act 1998 now requires the head teacher to determine measures to
prevent all forms
of bullying among pupils. This will come into force on
1 September 1999. The Government will also be taking more active steps to
spread information on good practice in combating the problem.
9.33.4 The
Government recognizes that it is important to involve pupils when drawing up a
school’s discipline policy. It is
good practice which is already
recommended in the DfEE’s guidance on pupil behaviour and discipline. And
the Government is
reinforcing the point in new integrated guidance on
“Social Inclusion: Pupil Support” which is to be issued for
consultation
shortly. However, Ministers rejected amendments to the School
Standards and Framework Bill to require the governing body and the
head teacher
to consult pupils in the development of the school’s discipline
policy.
9.33.5 The Government believes it is important to determine when
pupils could best make a contribution to drawing up the school’s
discipline policy. But that should be for individual schools to decide in the
light of their particular circumstances. In some
cases that may be before the
governing body makes its statement of general principles; in others, head
teachers may decide that it
is best to consult pupils when determining the
school’s rules and codes of conduct. Schools need flexibility over who
and
when to consult; that is best left to be covered in guidance.
9.34 Bullying - Scotland
Articles 28, 19
9.34.1 In 1994
The Scottish Office issued to all schools a leaflet aimed directly at children
entitled Let’s Stop Bullying: Advice for Young
People.[101] In August
1995, the Department issued a further leaflet providing advice for parents and
families entitled Let’s Stop Bullying: Advice for Parents and
Families.[102] In
autumn 1995, the Scottish Schools Ethos Network was set up in response to the
demand from schools to share information, ideas
and ways of improving school
ethos. The Network is sponsored jointly by Moray House Institute of Education
and The Scottish Office
and now has over 750 members. Last year, the Government
asked local authorities for information on progress in implementing their
anti-bullying policies. The review revealed that while there were a number of
examples of good practice in tackling bullying, overall
awareness of the problem
and effective strategies to tackle it were variable.
9.34.2 In October
1998 the Government announced its intention to set up a network to disseminate
good practice in tackling bullying
and to make advice and support available to
schools across Scotland. Expressions of interest in running the network have
been invited;
the network should be up and running in early
1999.
9.34.3 Information on good practice in anti-bullying policies was
also included in Close to the
Mark[103] published in
1997. In February 1998 the Government pledged £34,000 in financial
assistance to ensure that the ChildLine Scotland
dedicated Bullying Helpline
continues.
9.35 Teacher training
Article 29
9.35.1 The United
Kingdom Government has introduced new standards for the award of qualified
teacher status and a national curriculum
for initial teacher training covering
the core subjects of English, mathematics, science and information and
communications technology.
9.35.2 Whilst the new standards do not
explicitly mention the United Nations Convention on the Rights of the Child they
fall within
the spirit and philosophy of the recommendation in article 29.
They do this by expecting all trainee teachers to meet all the standards
including:
(a) Establishing and maintaining a purposeful working
atmosphere;
(b) Setting high expectations for pupils’ behaviour,
establishing and maintaining a good standard of discipline through well
focused
teaching and through positive and productive
relationships;
(c) Establishing a safe environment which supports
learning and in which pupils feel secure and confident;
(d) Using
teaching methods which sustain the momentum of pupils’ work and keep all
pupils engaged;
(e) Exploiting opportunities to improve pupils’
basic skills in literacy, numeracy and IT, and the individual and
collaborative
study skills needed for effective learning, including information
retrieval from libraries, texts and other sources;
(f) Exploiting
opportunities to contribute to the quality of pupils’ wider educational
development, including their personal,
spiritual, moral, social and cultural
development;
(g) Setting high expectations for all pupils
notwithstanding individual differences, including gender, and cultural and
linguistic
backgrounds;
(h) Providing opportunities to develop
pupils’ wider understanding by relating their learning to real and
work-related examples.
9.35.3 Additional elements in the training of
teachers of pupils aged 3-11 are:
(a) Providing structured learning
opportunities which advance pupils’ personal and social development,
communication skills,
knowledge and understanding of the world physical
development and creative development;
(b) Understanding their
responsibilities in relation to school policies and practices, including those
concerned with pastoral and
personal safety matters, including
bullying;
(c) Recognizing that learning takes place inside and outside
the school context;
(d) Understanding the need to liase effectively with
parents and carers; and
(e) Having a working knowledge and understanding
of teachers’ legal liabilities relating to the Race Relations Act 1976,
the
Sex Discrimination Act and section 3 (5) of the Children Act
1989.
9.35.4 The Government will consider including explicit mention of
the United Nations Convention on the Rights of the Child in the
Standards for
Qualified Teacher Status when the Teacher Training Agency reports and advises
Ministers on the standards. The TTA
is due to report by December 2000 taking
account of OFSTED evidence and the review of the pupils’ National
Curriculum. The
Government does not propose to revise the standards, which took
effect in May 1998, at the present time.
9.35.5 The standards for the
award of Qualified Teacher Status set out above only took effect in May 1998.
Therefore, we do not propose
to revise them at this time. The Teacher Training
Agency is due to report and advice Ministers on the standards for QTS by
December
2000, taking account of OFSTED evidence and the review of the
pupils’ National Curriculum.
9.36 Teacher training in Wales
Article 28
9.36.1 The Welsh
Office has introduced new criteria which all courses of initial teacher training
must meet, and has specified the
English, Mathematics and Welsh curricula which
must be taught to all trainees on all courses of primary initial teacher
training.
The criteria set out the standard of knowledge, understanding and
skills all trainees must demonstrate in order successfully to
complete a course
of initial teacher training and be eligible for Qualified
Teacher Status.
9.36.2 In addition, the Welsh Office is consulting
on the content of the national curriculum for initial teacher training for
Primary
Science, Secondary Science, Secondary English, Secondary Welsh,
Secondary Mathematics and the use of information and communications
technology
in subject teaching.
9.37 Teacher training in Scotland
Article 28
9.37.1 There are
separate arrangements in Scotland for teacher training. All courses of initial
teacher education must comply with
guidelines issued by the Scottish Office
Education and Industry Department. These guidelines have recently been reviewed
and revised
guidelines, which come into operation from academic session
1999-2000 were issued on 5 November 1998.
9.37.2 The guidelines make
clear that new teachers must be committed to promoting pupil achievement and
raising pupils’ expectations
of themselves and others, in collaboration
with colleagues, parents and other members of the community. They must value
and promote
equality of opportunity and fairness, and adopt non-discriminatory
practices, in respect of age, disability, gender, race or religion.
The
guidelines set out the skills to be attained by beginner teachers. These
include:
(a) Being able, whether at pre-school, primary or secondary
level, to play a full part in developing pupils’ skills in literacy
and
numeracy;
(b) Demonstrating a knowledge of, and ability to play a part
in, personal and social education, health education, enterprise and,
when
appropriate, vocational education;
(c) Motivating and sustaining the
interest of all pupils in a class;
(d) Setting expectations and pace of
work which make appropriate demands on all pupils and ensure that more able
pupils are effectively
challenged;
(e) Identifying and responding
appropriately to pupils with difficulties in, or barriers to, learning and
recognizing when to seek
further advice in relation to their special educational
needs;
(f) Responding appropriately to gender, social, cultural,
linguistic and religious differences among pupils;
(g) Encouraging
pupils to take initiatives in, and become responsible for, their own
learning;
(h) Demonstrating that he or she knows about and is able to
apply the principles and practices which promote positive behaviour and
underlie
good discipline;
(i) Being able to create and maintain a stimulating,
purposeful, orderly and safe learning environment for all pupils, including
those with special educational and health
needs;
(j) Demonstrating a
knowledge of, and being able to contribute to, strategies to prevent
bullying;
(k) Demonstrating a working knowledge of his or her
contractual, pastoral and legal responsibilities;
(l) Demonstrating an
understanding of the roles of, and how to communicate and cooperate with
teachers in other schools; members
of other professions and agencies concerned
with pupils’ learning, welfare and career development; and members of the
community
served by the school;
(m) Being able to report to parents
about their children’s progress and discuss with them in a sensitive and
productive way
matters related to their children’s personal, social and
emotional development; and
(n) Demonstrating an understanding of
international, national and local guidelines on child protection and
teachers’ roles
and responsibilities in this area.
9.38 The needs of disabled children - views of NGOs
Articles 28, 29, 23
9.38.1 Mencap
commented, during the preparation of this report, on the increasing recognition
among professionals of the rights of
disabled children to express their views in
respect of Care Plans made with the provisions of the Children Act. But
they were worried
that there might be a need for new ways of translating
this awareness into everyday practice. Research by Minkes et al. 1994 and
Morris 1997 detail the rarity of consultation with disabled young people about
plans to accommodate them away from their family.
9.39.2 This links with
the need, in Mencap’s view, to equip field and residential social workers
with the necessary skills in
attending to the messages given by disabled
children. There is an urgent need to develop both guidance and a range of
multi-media
materials to assist staff in consulting disabled young people about
their wishes and feelings. There is also a need to develop the
parental
awareness of children’s rights and the value of involving disabled
children in plans and especially in their own Transition
Plans. The Department
of Health have recognized these risks, and commissioned independent research,
recently published, as a contribution
to improving the abilities of
professionals in ascertaining the wishes and feelings of disabled
children.[104]
9.38.3 Mencap
and other organizations have noted the efforts in the United Kingdom to re-focus
Social Services from protection towards
prevention. In the case of disabled
children, they are concerned to ensure that this does not harm the progress
being made in protecting
disabled children from abuse. The emphasis on neglect
and emotional abuse contained in the recent Consultation Paper Working
Together[105] is very much
welcomed as these forms of abuse are particularly prevalent among children with
learning disabilities.
9.38.4 The United Kingdom Government maintains its
efforts to ensure that disabled children have access to education tailored to
their
needs. Mencap have warned that the emphasis on the National Curriculum
and on league tables must not be allowed to have a negative
impact on the
educational opportunities available to disabled children. They are concerned
about the need to provide adequate training
for Learning Support Assistants, and
that so far as possible disabled children and their parents should have the same
degree of choice
of school as other children. A particular concern, which the
Government recognizes, is the risk that disabled young people, and
particularly
those with challenging behaviour, are vulnerable to exclusion. Mencap feel that
there is a small and largely hidden
group of children with complex health needs
who are excluded from school by a failure at national and local levels to
develop inter-agency
protocols to meet health needs in educational
settings.
9.38.5 These comments were echoed by the Children’s
Society, who noted with approval the establishment of the Disability Commission,
but pressed for continued progress on including disabled children and children
with special needs in mainstream education.
9.39 Government action on the education of disabled children
Articles 28, 29, 23
9.39.1 The Government
has taken action which already addresses these points. From
September 1998, all schools are required to set
annual targets for school
improvement. In addition, to the statutory core of performance targets, schools
will be encouraged to
set additional targets that reflect their needs and local
priorities. This will take account of children with special education
needs
including children with disability. The Government has funded research into
target setting within special schools and guidance
was published in
November 1998. This guidance included assessment criteria designed to help
with whole-school target setting.
9.39.2 The Government, in its November
1998 document Meeting Special Educational Needs: A programme for
action,[106] addressed
the issue raised by Mencap of the need to provide adequate training for Learning
Support Assistants (LSAs). DfEE has commissioned
research to look at both
existing training available and good practice in the deployment and training
of LSAs.
9.39.3 The Government recognizes the importance of
inclusion and choice and asked in the Green Paper “What priority measures
should we take to include more pupils with special educational needs in
mainstream schools?”. In response the SEN Action Programme
announced the
intention to review the statutory framework for inclusion. In addition, the
Disability Rights Task Force (DRTF) has
been reviewing the present exclusion of
education from provisions of the Disability Discrimination Act. If the
Government’s
review or that of the DRTF confirm a need for changes, the
Government will make them.
9.40 Special Educational Needs
Articles 28, 29, 23
9.40.1 The Code of
Practice on the Identification and Assessment of Special Educational Needs
(SEN)[107] was
published in 1994 to provide guidance for schools and Local Education
Authorities (LEA) on their responsibilities towards all
children with special
educational needs. Local Education Authorities and schools have now accepted
the Code as the principal guide
for improving the quality of education for
pupils with SEN. The Code continues to have a positive impact on schools, it
has led
to an improvement in provision for pupils with SEN, and the procedures
recommended in the Code are becoming increasingly embedded
in schools’
policies and practice.
9.40.2 The Green Paper, Excellence for All
Children: Meeting Special Educational Needs, published in October 1997 set
out proposals for raising the standards of provision with SEN. Practical steps
for implementing this
vision were set out in Meeting Special Educational
Needs: A Programme of
Action,[108] published
on 5 November 1998. Key aspects of the three-year programme
include:
(a) Developing a more inclusive system, e.g. by requiring LEAs
to publish their policies on inclusion of children with SEN in their
Education
Development Plans, providing support through the Standards Fund for promoting
inclusion and developing links between mainstream
and special schools,
increasing the Schools Access Initiative and reviewing the statutory framework
for inclusion;
(b) Providing financial support for projects to improve
provision and raise achievements of children with emotional and behavioural
difficulties;
(c) A clear expectation that all LEAs should provide
access for all parents and carers of children with SEN to parent partnership
and
mediation services, with a commitment to legislate if
necessary;
(d) Greater emphasis on listening to and taking account of
the views of the child;
(e) Developing the role of special schools in an
increasingly inclusive education system;
(f) Developing the knowledge
and skills of all staff working with children with SEN;
and
(g) Promoting partnership between LEAs and with other local agencies
to support children with SEN.
9.40.3 The Welsh Office issued a separate
Green Paper in Wales The BEST for Special
Education.[109] The
Welsh Advisory Group on Special Education has been set up with a similar remit
to that of the National Advisory Group. It will
work to the same
timetable.
9.40.4 There is a number of collaborative initiatives being
undertaken by the Department for Education and Employment and the Department
of
Health. These include the development of Behaviour Support Plans and proposals
for addressing the needs of children who have
Special Educational needs as
a result of emotional and behavioural difficulties. Children’s
rights organizations, including
the NCB, were involved in preparing
guidance for LEAs on Behavioural Support Plans. These initiatives have been
considered by the
National Advisory Group for Special Educational Needs. The
Government’s Social Exclusion Unit is also specifically focusing
on
truancy and exclusion from school.
9.40.5 Welsh local education
authorities have to prepare Behaviour Support Plans in line with guidance issued
by the Welsh Office
in June
1998.[110]
9.41 Special Educational Needs (Scotland): update
Articles 28, 29, 23
9.41.1 In March 1996
The Scottish Office published a circular Children and Young Persons with
Special Educational Needs: Assessment and
Recording.[111] The
main purpose of this circular is to advise education authorities, and to inform
others, about the statutory arrangements
in Scotland for providing for children and young persons with special
educational needs and, particularly, for the undertaking of
assessments and the
opening of Records of Needs. Education authorities throughout Scotland adhere
to the principles and practices
contained in it.
9.41.2 In May 1998 The
Scottish Office issued A Discussion Paper Special Educational Needs in
Scotland[112]
which invited views on how existing educational arrangements may be improved
and made even more responsive to the needs of children
and young people with
special educational needs and their families. In November 1998 the
Government announced a number of measures,
worth £8 million per year,
including the establishment of a national SEN information and advice
service for children and families,
additional resources for staff development
and training, and increased support for organizations working in the area of
special educational
needs.
9.41.3 The Discussion Paper also announced the
formation of an Advisory Committee to undertake a strategic review and make
recommendations
on the coordination and provision of education for severe low
incidence disabilities. This committee will submit recommendations
to Ministers
in early 1999.
9.41.4 The Scottish Social Inclusion Network has been
established to assist the Government develop a social inclusion strategy for
Scotland, a key element of which will be to focus on promoting inclusion among
children and young people.
9.42 Children belonging to a minority or indigenous group
Articles 28, 29, 31, 2
9.42.1 It is a
fundamental objective of the United Kingdom Government to enable members of
ethnic minorities to participate freely
in the economic, social and public life
of the nation, with all the benefits and responsibilities which that entails,
while still
being able to maintain their own culture, traditions, language and
values. Government action is directed towards addressing problems
of
discrimination and disadvantage which prevent members of ethnic minorities from
fulfilling their potential with the same opportunities
as other members of the
community.
9.42.2 The Race Relations Act 1976, which applies to the whole
of Great Britain but not to Northern Ireland, makes racial discrimination
unlawful in employment, training and related matters, in education, in the
provision of goods, facilities and services, and in the
disposal and management
of premises. The Act gives individuals a right of direct access to the civil
courts and industrial tribunals
for legal remedies for unlawful
discrimination.
9.42.3 The Race Relations (Northern Ireland) Order 1997
came into operation on 4 August 1997. The legislation follows
the general
lines of the Race Relations Act 1976. It gives individuals a
right of access to the courts and industrial tribunals for legal redress.
The
Order also established the Commission for Racial Equality for Northern Ireland
to help enforce the legislation and promote equality
of opportunity between
people of different racial groups. The traditional Irish Traveller community is
defined as a racial group
for the purposes of the legislation.
9.43 Development of respect for the natural environment
9.43.1 Environmental education provides
opportunities for pupils to develop respect for the natural environment. The
National Curriculum
provides a range of opportunities and requirements for
children aged 5 to 16 to study environmental matters. In particular, secondary
school pupils must be taught about living things in their environment,
ecosystems, population and resources, settlements and their
effect on land use,
economic development, and the managing and sustaining of environments. The
current review of the National Curriculum
will be informed by, amongst other
things, the recommendations of the Sustainable Development Education Panel, and
external panel
of education, business and environmental experts. The Panel is
considering developing a variety of initiatives to reach all sectors
of the
population, including the young, with appropriate messages about sustainable
development.
9.44 Welsh language education in Wales
Articles 28, 29, 31
9.44.1 The Government
is committed to a strong system of Welsh medium education:
the 1997 Education White Paper Building Excellent Schools
Together[113] gave a
clear undertaking that parents who want their children to be educated in Welsh
should have every opportunity to exercise that
choice; and that all pupils in
Wales should be given the opportunity to learn Welsh at whatever school they
attend.
9.44.2 In Wales, Welsh is taught to all pupils between the ages
of 5-14 either as a first or second language. Schools also use Welsh
as the
medium of teaching. Some 27 per cent of primary schools use Welsh as the sole
or main medium of instruction and a further
6 per cent use it for part of the
curriculum. Nearly 21 per cent of secondary schools use Welsh as the medium of
instruction for
at least half their foundation subjects (such as history,
geography, design and technology and music).
9.45 Wales Youth Agency
Articles 28, 31
9.45.1 The Wales
Youth Agency was established in 1992 to assist the development of provision of
informal education for young people
aged 11 to 25 in Wales, across all sectors.
It distributes grant to national voluntary youth organizations operating in
Wales to
support the local services which they provide.
9.45.2 The
Agency, in association with the Wales Youth Forum, has worked with a range of
young people across Wales and from different
organizations to create a voluntary
Charter of Entitlement for Young People. The Charter is based on young
people’s views
of services they consider should be available to
them.
9.45.3 At a meeting on 14 July 1998, the elected member working
group on Youth Issues at the City and County of Swansea formally adopted
the
Charter as a Pledge for Young People. This pledge will form the basis of a
corporate approach to developing services for young
people.
9.45.4 The Agency
is currently working with the Welsh Office, local authorities and voluntary
groups to develop new collaborative
programmes to tackle exclusion from
secondary school, and to promote greater coordination of services for young
people in line with
the Government’s agenda for lifelong learning.
9.46 Gaelic education in Scotland
Articles 28, 31
9.46.1 The Government
in Scotland makes available specific funding for Gaelic-medium education where
there are sufficient numbers
of children whose parents request it.
In 19971998, 1,736 children attended Gaelic-medium units in 55 primary
schools. Cultural
activities related to the Gaelic language are organized by a
number of organizations some of which receive Government funding, for
instance
An Comunn Gaidhealach organize the annual Royal National Mod.
9.47 Irish medium education in Northern Ireland
Articles 28, 31
9.47.1 There have
been a number of significant developments since 1994 in the arrangements for
funding and supporting the development
of Irish medium education in Northern
Ireland. In the past three years a total of five schools providing teaching in
the Irish language
- four primary and one secondary - have been given
grant-aided status. This means that of the overall enrolment of 1,375 pupils
in
Irish-medium schools over 90 per cent are in schools which receive 100 per
cent grant-aid.
9.47.2 Provision is now available for GCSE examinations
in the medium of Irish, and a unit has been established recently to provide
curriculum materials for use in Irish medium schools.
9.47.3 Under the
Education (NI) Order 1998 the Department of Education will have a duty to
encourage and facilitate the development
of Irish medium education. This will
place the sector on a footing similar to the integrated education
sector.
9.48 Integrated education in Northern Ireland
Articles 28, 31
9.48.1 There has been
significant expansion of, and investment in, the integrated schools
sector since 1994: total enrolments have
increased from just under 4,000
to over 11,000 at October 1998.
9.48.2 In addition, following the
issue in 1997 of policy guidelines to all schools in Northern Ireland about
the procedures for transforming
to integrated status, 12 existing schools have
been given approval to become integrated. As a result the integrated pupil
population
has increased by over 25 per cent since the introduction of the
guidelines, from 8,100 to over 11,000.
9.48.3 Between 1994-1995 and
1998-1999 capital investment in new integrated schools has totalled £30
million and a further $16
million is already planned over the next two
years.
9.48.4 The Government has established a Working Group initially
chaired by the Minister of Education in the Northern Ireland Office,
to examine
ways of enhancing the contribution of all schools to the promotion of a Culture
of Tolerance, as outlined in the Belfast
Agreement. The Group issued to all
interested parties a progress report in December 1998 - Towards a Culture
of Tolerance - Integrating Education. The consultation
period closed on 26 February 1999 and the responses are being considered in
determining how best to implement
some of the recommendations of the working
party.
9.48.5 The Education (NI) Order 1998 provides for the recognition
and grant-aid of integrated nursery provision for the first time.
9.49 Education for Gypsy and Traveller children in England and Wales
Articles 28, 29, 31, 2
9.49.1 Gypsy and
Traveller children are entitled to have access to schools in the same way as
other children. The Government provides
funding under Section 488 of the
Education Act 1996 to meet the additional educational needs of Gypsy and
Traveller children in England.
This specific grant programme is supporting
Traveller Education Services in some 120 Local Education Authorities in England
improving
access, attendance and achievement for these children. There is a
separate programme in Wales.
9.49.2 The Department for Education and
Employment has recently produced a video for Gypsy and Traveller parents aimed
to improve
attendance and achievement at secondary school level.
9.50 Education of Travelling people - Scotland
Articles 28, 29, 31, 2
9.50.1 The Secretary
of State’s Advisory Committee on Scotland’s Travelling People placed
considerable emphasis on the
consideration of the education of Traveller
Children during its 1995-1997 term of office. The Committee recognized that
Traveller
Children suffer from problems of interrupted learning. It has
recommended that local authorities should support the regular attendance
of
Traveller Children at school and should monitor this. They also recommended
that local authorities should seek to educate the
settled community in the way
of life and culture of Travelling People and promote mutual
understanding.
9.50.2 The Scottish Office Education and Industry
Department regard the question of the access of Traveller children to education
as an equal opportunities issue. The issuing of detailed guidance on the
promotion of equal opportunities in education is, however,
a matter for
education authorities and similarly the responsibility for providing an
education for Traveller children falls to schools
and education authorities.
9.50.3 In order to assist in this the Scottish Office support with funding the work of the Scottish Traveller Education Programme (STEP). The remit of STEP includes advising schools and education authorities on the needs of Traveller communities and how to improve educational provision for these groups.
9.51 Traveller education in Northern Ireland
Articles 28, 29 31, 2
9.51.1 The
Education Reform (Northern Ireland) Order 1989 requires that all pupils of
compulsory school age in grant-aided schools
should have access to a balanced
and broadly based curriculum, with their progress regularly assessed and
reported to their parents.
These provisions apply to all children including
Traveller children. The legislation provides parents with the statutory right
to express a preference about the school they wish their children to
attend.
9.51.2 The policy of the Department of Education for Northern
Ireland is that Traveller children can only be effectively provided
for in
schools which provide a non-discriminatory environment which is understanding
of, and sympathetic to, the way of life of Traveller
families, which respects
and values the uniqueness of Traveller culture and which positively welcomes
Traveller children.
9.52 The National Lottery
Article 31
9.52.1 The United Kingdom’s National
Lottery was established in 1993 by Parliament to raise money for worthwhile
causes. It
was launched in November 1994 and by 31 December 1998 had raised
over £6.3 billion for the six good causes, and supported over
34,000
projects nationwide.
9.52.2 The distributors of lottery funds in the United
Kingdom (the four national Arts Councils, the four national Sports Councils,
the
Heritage Lottery Fund, the National Lottery Charities Board (NLCB), the New
Opportunities Fund and the Millennium Commission)
are already funding many
thousands of projects which, either directly or indirectly, benefit children.
The Arts Councils aim to
help people across the United Kingdom enjoy, and take
part in, the broadest possible range of arts activities. Their Arts 4 Everyone
scheme has placed a particular emphasis on young people and projects which
support and develop their talents. The National Lottery
Charities Board gives
grants to help those at greater disadvantage and to improve the quality of life
in the community. The first
three grant programmes included “youth issues
and low income”. The Heritage Lottery Fund preserves, restores or
acquires
the nation’s most treasured heritage, which makes up the fabric
of the nation’s history and culture. The Millennium
Commission aims to
fund projects which will make a substantial contribution to the community and
will be seen by future generations
as marking a significant moment in their
history. The Sports Councils distribute lottery funds to encourage and enhance
sport for
all.
9.52.3 Schools
have received 1,769 awards worth £123.9 million, playgroups have
received 255 awards worth £2.9 million,
and youth organizations
have received 271 awards worth £8.4 million. In total the youth
sector has received 1,328 awards worth
£174.1
million.
9.52.4 Specific examples include:
(a) A grant of
£80,000 by the Arts Council of England to Bingham Infants Self-Help Group
in Nottinghamshire towards development
of a multi-purpose hall for arts usage.
The hall will benefit both school pupils and the wider community in an area
which has suffered
from recent pit closures;
(b) A grant of £48,986
by the Sports Council for Wales to Vale of Glamorgan County Borough Council for
the provision of skateboarding
facilities in a safe environment for a large
number of youngsters in the Vale of Glamorgan;
(c) A grant of
£7,000 by the Heritage Lottery Fund towards the development of a play
centre in Battersea Park, London under
its Urban Parks Programme;
(d) A
grant of £382,375 by the Scottish Arts Council to the Scottish Library
Association to donate specially selected sets of
36 Scottish books to every one
of Scotland’s 400 secondary schools.
9.52.5 Information from
the National Lottery Charities Board (Wales) shows that pre-school education in
Wales received 218 grants,
totalling £1,394,908; whilst play projects
received 228 grants, totalling some £1.75 million, 294 grants
totalling £1,768,572
have been targeted specifically at the 0-5 age range,
and 422 grants totalling £5,240,021 have been targeted at the under
18s.
9.52.6 Ministers want to build on the contribution that the lottery
has already made to the quality of life of children. A leaflet,
which heightens
the availability of lottery funding for children’s play, was published by
the Department for Culture, Media
and Sport (DCMS) in
June 1998.[114] This
leaflet emphasizes the role of lottery distribution in opening up opportunities
for children and young people. It also emphasizes
the importance of the lottery
for reducing economic and social deprivation, which will help children living in
areas of deprivation.
9.52.7 This Government and it predecessor have made
clear that money raised by the National Lottery must be additional to any money
which would have been spent by local or national government. There are strict
conditions about young people buying lottery tickets
- no one under 16 years old
may purchase a National Lottery ticket, and the Government requires the lottery
organizer vigorously
to enforce this provision, with retailers being refused
permission to sell National Lottery tickets if they breach this
requirement.
9.53 The New Opportunities Fund
Article 31
9.53.1 The National Lottery Act, which received
Royal Assent on 2 July 1998, established a new distributor, the New
Opportunities
Fund, financed by the extra £1 billion which the lottery is
generating. The Fund will support one-off initiatives in health,
education and
the environment. The first of these will be training and support in the use of
information and communications technology
for serving teachers and librarians;
out of school hours activities, including childcare; and a network of healthy
living centres.
9.53.2 Education initiatives will be wide-ranging and will
include training and the provision of activities for children. The New
Opportunities Fund will receive 13 per cent of lottery proceeds for good causes.
This will increase to 20 per cent from October 1999.
9.53.3 The New
Opportunities Fund is considering with the Welsh Office, the Scottish Office,
the Department of Education in Northern
Ireland, and other bodies, how best to
manage the grant regimes in those parts of the United Kingdom. The impact of
the initiatives
for children and young people will be of significant and
wide-ranging benefit.
9.54 Children and the arts: funding
Article 31
9.54.1 The
Government believes that the performing and visual arts have a vital role to
play in the development of children and young
people. They have the power to
initiate and sustain an awareness of creative potential and a sense of self, and
enable young people
to develop analytical and cognitive skills. The arts not
only help to broaden understanding of artistic practice, but can also make
an
integral contribution to the development of a child’s all-round education.
The Government seeks to raise awareness of the
importance of, and contribution
the arts can make to, children’s lives. Departments with responsibilities
in this area work
in close cooperation and continue dialogue with other key
players in the arts and education field.
9.54.2 Creating access to the
arts is a cornerstone of the Government’s arts policy.
The 1998 National Lottery Act established
the New Opportunities Fund,
a sixth good cause to be supported by the Lottery. NOF will channel £205
million into out-of-schools
hours education activities designed to raise
educational standards. These activities may include projects in areas such as
music,
dance, drama, film and the full range of the arts. In addition, the New
Audiences programme, administered by the Arts Council of
England, provides up to
£5 million per annum for pilot projects aimed at broadening audiences and
at finding new ways of encouraging
young people to participate in the
arts.
9.54.3 Since the publication of Leading Through Learning (1997) -
the Arts Council of England’s Education and Training Policy
document, the
Arts Council continues to lead on a number of key initiatives in relation to
developing high quality arts learning
opportunities for young people. These
include an Education Action Zone research initiative investigating the
impact of the arts as a means of combating social exclusion and enhancing
personal growth and learning development; and careers information
for the arts
sector aimed at helping young people make informed decisions about career
opportunities within the cultural industries.
9.54.4 The National Lottery
is an important funding opportunity for arts education activities. Awards under
the capital programme
have provided resources and improved facilities for
schools and colleges, arts organizations and venues. The Arts Council
recognizes
in its Lottery Strategy Plan (June 1999) that education is often the
way in which people come to the arts for the first time, through
activities at
school and colleges.
9.54.5 On 24 June 1999 the Prime Minister launched
the National Foundation for Youth Music, a new independent body, to give every
child the opportunity to access music-making. Drawing on £30 million of
Arts Council Lottery Funds over three years, and working
to complement the
DFEE’s £150 million Music Standards Funds measures, it will seek to
increase and improve access, breadth,
coverage and the quality of music making.
It will deliver its objectives by attracting and distributing funds; providing
strategic
advice and guidance; as the National advocate, raising the profile of
the debate on music education.
9.54.6 The Arts Council’s Arts for
Everyone (A4E) programme continues to fund opportunities for innovative and
experimental
initiatives in arts education across a spectrum of youth groups,
community groups and the voluntary sector. A total of £50
million was
awarded to 425 organizations as a result of the four rounds of A4E
applications. Significant awards include:
(a) £350,000 to CAPE,
an organization which promotes and develops creative arts learning in schools or
other educational establishments
for pupils, teachers and others involved in
education;
(b) £31,000 to First Movement, which develops drama,
dance, music and visual arts projects for people with severe and profound
learning disabilities;
(c) £93,500 to Get Art, a collaboration
between the special schools in the London Borough of Tower Hamlets and
Chisenhale Gallery
which will enable the pupils and teachers from schools to
work with professional artists and participate in a three-year programme
of
gallery visits, art workshops, discussions and exhibitions of their own work at
Chisenhale Gallery;
(d) £88,000 to Education Extra, additional
funds to enable the organization, which already works in partnership with
schools
to extend and enhance the curriculum by providing out of hours
activities, to develop and deliver a programme of extra-curricular
arts learning
opportunities;
(e) £69,000 to Play Train, a leading playwork
training agency which uses article 31 as its guiding principle to develop and
implement policy in relation to young people and opportunities to experience
fully and participate in the arts and culture.
9.54.7 There are no
further A4E application rounds. A cross-distributor programme, Awards for All,
is being launched during summer
1999, and the new Regional Lottery Programme
will provide funding for new arts education projects via the 10 Regional Arts
Boards.
9.55 Provision of broadcast programmes for
children
Article 31
9.55.1 Currently the main United Kingdom
terrestrial television channels are all required to provide a proportion of high
quality
children’s programming in their schedules, and they all include
really identifiable children’s programme strands, including
“Children’s BBC” and “Children’s ITV”.
Programmes cater for a range of age groups from pre-school
to teenagers and
cover various genres including drama, factual and knowledge-building programmes,
news and current affairs for children.
Additionally, the BBC, Channel 4 and
S4C, provide a range of schools programming to complement the national
curriculum.
9.55.2 The
BBC has produced a Children’s Television Charter and its Statement of
Promises to Listeners and Viewers promises
to maintain the range of
children’s programmes.
9.55.3 The proliferation of cable and
satellite services in recent years has allowed specialist channels to address
themselves to
particular audiences and the Independent Television Commission has
issued licences for several channels aimed at children, such as
The
Children’s Channel (TCC). As new digital services develop there will be
further scope for and interest in developing more
choices for children.
9.56 Protection of children from unsuitable broadcast material
Articles 17, 19
9.56.1 All broadcasters are required to
ensure that they do not broadcast material which “offends against good
taste or decency
or is likely to encourage or incite to crime or lead to
disorder or to be offensive to public feeling”. There are specific
arrangements to ensure the protection of minors, including the operation of a
watershed which requires that programmes suitable only
for adult viewing cannot
be shown before a certain time.
9.57 Advertising and children
Articles 17, 19
9.57.1 Commercial broadcasters have specific
guidelines which they must observe in advertising to children. At times when
children
are likely to be viewing no product or service may be advertised, and
no method of advertising may be used, which might result in
harm to them
physically, mentally or morally, and no method of advertising may be employed
which takes advantage of the natural credulity
and sense of loyalty of
children.
9.58 Broadcasting for minorities
Article 31
9.58.1 The Radio Authority Licences 10 local
radio services licences which provide programmes catering for the tastes and
interests
of ethnic minority audiences. Additionally, cable and satellite
licences have been granted to 16 Asian and 7 Afro-Caribbean
broadcasters.
9.58.2 The Welsh Fourth Channel (S4C) caters for the estimated
500,000 speakers of the Welsh language. S4C transmits an average of
30 hours of
Welsh language programming a week. The Gaelic Television Fund provides for
approximately 350 hours of television programmes
in Gaelic in Scotland each
year.
9.59 The National Endowment for Science, Technology and the Arts (NESTA)
Article 31
9.59.1 The National Lottery Act 1998 established
a new United Kingdom-wide NonDepartmental Public Body, the National Endowment
for
Science, Technology and the Arts (NESTA). NESTA will help to promote
educational and cultural opportunities for children, young
people and adults.
It will have three broad objectives to help talented individuals in the fields
of science, technology and the
arts to achieve their full potential, to help
turn inventions or ideas into products or services and to help promote public
knowledge
and appreciation of science, technology and the arts. It will receive
an endowment of £200 million from the National Lottery
and it will use the
income generated by the endowment to fund its programmes.
9.60 Libraries
Article 31
9.60.1 There are 4,500 branch libraries
around the United Kingdom providing an essentially free service. Under the
Pubic Libraries
and Museums Act 1964, local authorities have a duty to provide
books and other material to satisfy the recreational, educational,
cultural and
information needs of all members of the population, including children and young
people. Public libraries also provide
access for children after school as well
as during the day, homework space, trained specialist staff and activities
designed to encourage
them to use the library and to read regularly. The
development of a public libraries IT network, which the Government announced
in
April 1998, will enable the wealth of public libraries’ resources to
be brought to an even wider audience in new and exciting
ways.
9.61 Museums and galleries
Article 31
9.61.1 Education
is a central activity for museums and galleries and one of the prime reasons for
the establishment of many. They
have much to offer schools in reinforcing
classroom lessons and helping children to learn in attractive and enjoyable
ways. Being
able to see and handle real objects provides a much greater degree
of understanding. The Government is particularly keen to encourage
museums and
galleries to develop their educational role. Hundreds of thousands of school
children visit museums every year for study
which supports and enriches the
National Curriculum. Almost a third of the 76 million visitors to the
United Kingdom’s 2,500
museums are children either in school visits
or independently.
9.61.2 In January 1997 the Department for Culture,
Media and Sport (DCMS) published a report on museum education A Common
Wealth: Museums and Learning in the
United Kingdom[1]
written by David Anderson of the Victoria and Albert Museum (one of central
government’s sponsored museums). The report has
been widely distributed
free of charge to encourage museums and other relevant bodies to consider afresh
their educational role.
9.61.3 Many museums and galleries operate
generous concessions for children offering discounts for school-age children and
families,
and free admission periods. All pre-booked educational groups are
free to the national institutions and many others also offer concessions
for
children who are not members of school groups, either as part of a family ticket
or if they visit alone. Admission is free for
all children at all national
museums and galleries in England. The Heritage Lottery Fund has recently set up
a Museums and Galleries
Access Fund of $7 million, to help museums and galleries
to promote access to their collections. This might be through major touring
exhibitions, or might mean more selective work i.e. funding transport costs or
attracting wider audiences to museums. This should
include work with school
children or with socially disadvantaged groups.
9.61.4 In July 1997 the
Museums and Galleries Commission published a report Children as an Audience
[1] for museums
and galleries aimed at increasing informal visits by children. It included the
views of children aged 7 to 11. This
suggested ways in which exhibitions and
marketing could be developed to attract children. The findings have been widely
disseminated.
9.61.5 The National Museums and Galleries of Wales (NMGW)
help to enhance the education process through the relevance and scope of
their
collections and through the environment they present. Handling real objects is
a vital element in the learning process and
NMGW operate a loan service to
schools which can call on a loan collection of some 15,000 objects. Their
service to Wales and Welsh
schools is significant in its size and scope and adds
value to learning in schools. Around 120,000 pupils a year in Wales have access
to objects in their schools via the loans service. School visits are also
important. The proportion of these varies in the different
locations of NMGW,
but across the organization some 20 per cent of visitors are pre-booked school
groups. When this figure is added
to family and ad hoc visits, then over a
third of visitor figures are accounted for by children. NMGW do not, at present
operate
free admission for prebooked educational groups.
9.61.6 As a
result of the report A Common Wealth: Museums and Learning in the
United Kingdom NMGW cooperated with the Campaign for Learning in
Museums in running a conference for educationalists and education authority
officers.
Additionally, NMGW hosted the Group for Education in Museums
Conference which considered the report and its implications.
9.61.7 As
well as working to attract young people, NMGW subscribe to the support of
lifelong learning. A particular aspect of their
work is supporting the learning
and use of the Welsh language through the bilingual annotation and explanation
practice.
9.62 Cadw: Welsh Historic Monuments
Article 31
9.62.1 Cadw: Welsh
Historic Monuments is the Agency within the Welsh Office responsible for the
conservation, protection and promotion
of the built heritage of Wales. One of
Cadw’s roles is to educate the public about the built heritage and to
encourage their
participation in advancing the understanding and enjoyment of
it.
9.62.2 Schools and educational establishments are encouraged to make
full use of the 130 monuments in State care in Wales. Cadw encourages
this through the provision of free visits for organized educational groups in
term time, provision of education rooms at some sites;
the funding of an
Education Officer jointly with the National Museums and Galleries of Wales at
Roman Caerleon; and the provision
of resource materials such as Teachers’
Packs, worksheets and videos.
9.62.3 Cadw attracts around 120,000
educational visitors a year to staffed sites with almost one fifth of that
number making a visit
to the Roman sites at Caerleon and Caerwent.
9.63 Heritage
Article 31
9.63.1 English Heritage (the Historic Buildings
and Monuments Commission) is a nondepartmental public body whose Chairman and
Board
of Trustees are appointed by the Secretary of State for Culture, Media and
Sport. It has an income of about £130 million a
year. A statutory role of
English Heritage is to educate the public about the nation’s historic
environment and encourage
their participation in advancing the understanding and
enjoyment of it.
9.63.2 The English Heritage Education Service
encourages schools and other educational establishments to make full use of the
historic
environment. This is accomplished at both national and regional
levels. Regional work is led by locally-based education officers
who work with
schools, colleges and local education authorities to give help and advice on the
educational use of sites in the custody
of English Heritage and of the wider
historic environment. The History at Home programme seeks to encourage and help
parents educate
their children about their local surroundings and English
Heritage actively supports broader initiatives such as the European
Union’s
Schools Adopt a Monument scheme. Nationally English Heritage
offers a support service to teachers through a wide-range of resources
whilst
collaborating with agencies such as the Qualifications and Curriculum Authority
to formulate educational policy in the teaching
of history and the use of the
historic environment across the curriculum and at all levels of
education.
9.63.3 In
1997-1998 staffed properties in the custody of English Heritage received 494,000
educational visitors, 1 in 12 of all the
visitors to English Heritage
properties, and they aim to increase this to 525,000 in 1998-1999. Free
admission is granted to educational
groups on the condition that the visit is
properly organized and is part of planned curriculum work based around the study
of the
site. A growing number of properties have Education Centres specifically
designed to meet the needs of these groups and to encourage
other visitors to
spend time considering the fun and formal educational aspects of their visit.
9.63.4 English Heritage education officers run a varied programme of
courses for teachers and events for children to encourage the
use of the
historic environment as an educational resource. In 1996 English Heritage
launched a membership scheme for teachers,
Windows on the Past, which
allows teachers unlimited access to sites to plan their school
visits.
9.63.5 English Heritage produces a wide-range of publications,
audio-visual materials, posters and CD-ROMS, including:
(a) Individual
teachers’ handbooks to guide teachers in maximizing the benefits of visits
to major sites;
(b) An Education on Site series which includes
national curriculum titles (such as Geography and the Historic Environment,
Mathematics), and generic themes (such as
Using Castles);
(c) Over 50 videos whose subject matters
include training for teachers in the use of sites for National Curriculum work,
a History Trail series aimed directly at the classroom, and
awareness-raising videos such as Archaeology at
work;
(d) Heritage Learning a free magazine sent to schools on a
termly basis;
(e) Free information sheets at each
site;
(f) Visiting Historic Sites, a free gazetteer of sites and
advice on how to use them.
9.64 Scottish Natural Heritage
9.64.1 Scottish
Natural Heritage is a non-departmental public body whose Chairman and Board are
appointed by the First Minister of
the Scottish Parliament. It has an income of
about £40 million a year of which some £38 million is grant aided
by The
Scottish Executive. The primary purposes of SNH are to secure the
conservation and enhancement of Scotland’s wildlife and
landscape, to
foster understanding and facilitate enjoyment of the natural heritage, and to
promote its sustainable use.
9.64.2 SNH considers that environmental
education is fundamental to improving people’s sense of responsibility
for, as well
as awareness and enjoyment of, the natural heritage. SNH has an
educational programme targeted on key groups. The main effort has
been directed
at schools
with advice on changes to the curriculum, changes to teacher training
programmes, the provision of resource packs for use in the classroom
and a very
successful grant-aid scheme for wildlife in school grounds (Grounds for
Learning). In addition, resources have been targeted
on improving the awareness
and practice of professionals and volunteers working in education and the
environment, through our “Getting
to Grips with Learning” programme
which offers opportunities to share good practice and develop new
ideas.
9.64.3 However, the major effort, in resource terms, is through
the sponsorship and financial support for some 90 ranger services
in Scotland,
employing approximately 300 Rangers. Their primary task is environmental
education at key sites such as country parks
and in the wider countryside,
including liaison with local communities and with schools. More than £2
million per annum is
provided by SNH to this activity. Rangers can be employed
by local authorities, voluntary organizations and private estates. In
order to
ensure high standards and consistency of approach, SNH also supports the
coordination and delivery of a national Ranger
Training Course
programme.
9.64.4 SNH owns and managers a number of key nature
conservation sites within Scotland as National Nature Reserves (NNR). While
their
primary purpose is nature conservation, they offer opportunities to
increase public understanding and enjoyment. Most NNRs have
interpretative
material on site, and a number also have visitor centres. Those near to
population centres receive regular educational
visits from schools and colleges,
but no records of numbers are kept.
9.64.5 Scottish Natural Heritage
produces a wide range of publications, audio-visual materials and posters,
including a range of education
and teachers’
resources:
(a) Collection of the best environmental education resource
material in the form of “community chests”, “sea chests”
and “tree trunks”;
(b) A pack of learning resources,
“Investigating the Environment - a Practical Guide”, including a
teachers’ guide
and students’ handbook;
(c) Several poster
series on topics such as sustainability, biodiversity, geology, weathering
processes and land cover in Scotland;
(d) Fact sheets and posters on
Scotland’s best loved species;
(e) The Pine and the Eagle, a video
of a musical drama to help youth leaders and teachers explore the value of the
natural heritage
to contemporary life.
9.65 Play and sport
Article 31
9.65.1 The Government
recognizes the value of play in children’s development and sees play
opportunities as an important area
of work. The Department for Culture, Media
and Sport has lead responsibility for children’s play in England. Since
1996 this
has been channelled through a
contract with the National Playing Fields Association (NPFA) which carries
out a programme of work in the areas of information dissemination,
playwork
education and training and play safety on behalf of the Department.
9.65.2 As part of the remit for education and training the NPFA grant
funds for four National Centres for Playwork Education. These
are based in
Birmingham, Cheltenham, London and Newcastle. Each centre develops high quality
training programmes for play workers
which support the principle that play is
the province of the child and the child must have autonomy over it.
Inherent in this child-centred
play work training is the child’s right to
take part in freely chosen play activities. All participants in training
developed
by the Centres are aware that the child must be at the centre of the
play process.
9.65.3 In addition, all playwork training programmes are
underpinned by the principles of equal opportunities and support the right
of
the disabled child to play in inclusive play settings.
9.65.4 Under the
information dissemination remit of the work, the NPFA manages the National Play
Information Centre (NPIC), the world’s
largest specialist resource on
children’s play. The Centre runs a variety of information service
covering a range of aspects
of children’s play. Recent research
undertaken by the NPFA about the difficulties play workers have in locating
information
has shown that the information services provided are highly valued.
The underpinning value of the centre’s work is based in
the child’s
right to play.
9.65.5 Under the safety remit of the work, the NPFA
established a Play Safety Forum, consisting of key national organizations which
deal with the provision of children’s services and/or their safety. The
Forum recognizes the child’s right to play and
that a degree of risk is
necessary for children in their play. Risk in play promotes the child’s
ability to analyse danger
and, as a consequence, keep themselves and their peer
group safe. The Forum is investigating a definition of the balance between
safety, and risk to advise service providers. The NPFA has disseminated
information about safety aspects of fixed equipment playgrounds.
It has also
revised “Playground Safety Guidelines”, the country’s leading
publication on playground safety.
9.65.6 The NPFA launched Play
Today, a free-by-monthly newspaper to cover all aspects of its
Agreement with the DCMS. It has received acclaim from all parts of the play
sector and a recent reader survey has indicated that the majority of readers
feel it has improved their practice.
9.65.7 The new Government
established a Youth Sports Unit within the Department for Culture, Media and
Sport in May 1997. The Unit
works closely with the Department for Education and
Employment and Sport England (formerly the English Sports Council), which
undertakes
a number of initiatives which aim to raise the profile and quality of
physical education (PE) and sport in schools and for young
people. A number of
these come under the umbrella of Sport England’s Active Schools
Programme.
9.65.8 This major programme was launched in March 1996 and
provides a framework within which schools, local authorities, governing
bodies
of sport, sports clubs and youth organizations can work together to provide
quality sporting opportunities for 4 to 18 year
olds in a planned and
coordinated way. Developments within the programme include the production of
curriculum resources and in-service training for teachers
and a series of
nationally produced resources to be delivered locally.
9.65.9 Initiatives
include the TOP programme. TOP Play, BT TOP Sport and TOP Club have been
developed and delivered jointly by the
English Sports Council and the Youth
Sport Trust. TOP Play involves teaching core skills and fun sport to 4-9 year
olds, while BT
TOP Sport introduces sport and games to 7-11 year olds. TOP Club
is a sport-specific initiative, allowing governing bodies to customize
sports to
suit and promote particular club structures and needs. TOP Play and BT TOP
Sport have also been recognized as a valuable
resource to enhance the games
element of the physical education curriculum.
9.65.10 Developments of
the TOP programme have included the introduction of training for individuals to
work with children with disabilities
and the establishment of a framework to
extend the application of TOP Play and BT TOP sport into after school clubs and
wider community
activities involving local authorities and governing bodies.
There are currently 78 schemes being delivered in the community covering
nine sports.
9.65.11 Champion Coaching aims to improve performance and
develop coaching for 1114 year olds. After an initial five-year
commitment
from the English Sports Council and the National Coaching
Foundation, local authorities’ involvement in Champion Coaching
is
recognized by an established accreditation scheme. The scheme offers
benefits such as scholarships for coaches, assistance in coach
development
strategies and links with sports development networks.
9.65.12 Champion
Coaching is now fully integrated within the National Junior Sport Programme.
The scheme has been delivered to 126
local authorities by the end of 1996-1997.
Over 3,000 coaches are deployed within the programme with plans to cover over 20
sports.
9.65.13 Sports Fair promotes sporting activity in youth groups.
Developed jointly with Youth Clubs UK, it includes Sports Train education
and training materials for youth workers.
9.65.14 The Sportsmark and
Sportsmark Gold awards were developed to recognize quality physical education
and school sport. The secondary
school scheme was launched in October 1996
and over 600 applications for the schemes were received. Schools were required
to test
their eligibility for the awards against a number of basic criteria. Of
the 412 successful schools, 30 achieved special recognition
by gaining the
Sportsmark Gold award, a mark of special distinction for schools whose sports
policies exceeded the basic criteria
across a number of important requirements.
Applications for the next round of awards have now been received. The English
Sports
Council (ESC) are now working up proposals for an Activity award for
primary schools.
9.65.15 The Foundation for Sport and the Arts (FSA),
which is funded by a reduction in the Pool Betting Duty, is a grant aiding a
variety of sports projects for young people across the country as is the
Government’s Business Sponsorship Incentive Scheme
for Sport, Sportsmatch,
which operates in England, Wales and Scotland.
9.65.16 The Government
announced in January 1998 how it will control the disposal and change of use of
school playing fields in England,
which schools and their local communities
need. Two key measures were announced in a coordinated Departmental approach:
the introduction
of new legislation requiring the prior consent of the Secretary
of State before the disposal, or change of use, of State school playing
fields;
and tighter planning controls over the development of playing fields owned by
local authorities and other playing fields
used by educational institutions.
Together, these measures will ensure that schools’ own needs, and those of
the wider community,
are taken into account. The Government will review the
effectiveness of these measures after the first 12 months of their
operation.
9.66 Sport in Wales
Article 31
9.66.1 The Welsh Office has responsibility for
sports policy in Wales. One of the main aims of the Department is to increase
participation
in sports and physical activity in Wales, particularly among young
people. This is pursued mainly through the work of the Sports
Council for
Wales.
9.66.2 Much of the Council’s work has been towards providing a
range of sporting opportunities for young people at all levels
of ability, from
recreationally-based extra-curricular activity in local communities, to the
development of excellence at national
level. This has involved working with
partners to set up strong community networks and a national action
programme.
9.67 Sport in Scotland
Article 31
9.67.1 Within the Scottish Office responsibility
for sports policy rests with the Sports Policy Unit of the Education and
Industry
Department. One of the main objectives of the Department is to
increase participation in sports and physical activity in Scotland,
particularly
among young people. This is pursued mainly through the work of the Scottish
Sports Council (SSC).
9.67.2 The
SSC is the Government’s main advisory body on sport in Scotland. Youth
sport is one of its main priorities and in
May 1996 it launched the National
Youth Sports Strategy. The key elements of the Strategy are coaching, clubs,
equality, physical
activity and school sports. While this strategy will benefit
children of all ages, it also includes a framework for physical activity
which
focuses particularly on young children through the Start Young Stay Active
programme.
9.67.3 The SSC is also involved in promoting the Top Play
scheme in primary schools. The scheme aims to provide physical activities,
including tuition for teachers, within the framework of the 5-14 national
curriculum guidelines. Top Play is aimed at younger primary
school pupils
between the ages of 4 and 9.
9.67.4 In January 1998 the Government
announced that School Sports Coordinators would be provided in every Scottish
secondary school
with the help of National Lottery Funding. The scheme has been
developed by the SSC and builds on a number of pilot projects currently
under
way throughout Scotland. The programme is designed to promote sport to young
people as an intrinsic part of their school life,
to encourage them to build an
active lifestyle into every day. Local authorities will be able to apply for
funding in support of
Coordinator appointments in all Scottish secondary
schools. National Lottery Funding is also supporting the activities of junior
sports groups.
9.68 The Sporting Ambassadors Scheme
Article 31
9.68.1 The Sporting
Ambassadors Scheme is a new scheme established by the English Sports Council,
which was successfully piloted during
1997-1998 in four English Sports Council
regions. The scheme will provide opportunities for successful sports men and
women of all
ages to visit schools to enthuse young people about the benefits of
physical activity and a healthy lifestyle.
9.68.2 The objectives of the
scheme are:
(a) To encourage and provide opportunities for sporting
ambassadors to visit schools to make pupils, teachers, parents and governors
aware of the benefits of a wide range of sport and physical
activities;
(b) To encourage positive and continuing links between
schools and local sports clubs and centres;
(c) To promote the value of
sport and physical activity as a essential element of every young person’s
lifestyle;
(d) To promoting the concept of fair play and good sporting
behaviour; to help motivate young people to realize their full potential
in
competitive sport;
(e) To involve, in particular, women ambassadors to
motivate girls to participate in sport; and
(f) To offer role models to
young people from a range of ethnic backgrounds, and to those with
disabilities.
9.69 Sports and regeneration
Article 33
9.69.1 The Department
of the Environment, Transport and the Regions supports local play and sporting
provision for young people as
part of its regeneration policy. Projects of this
sort in England’s deprived areas are supported through the
Department’s
Single Regeneration Budget and New Deal for
Communities.
9.69.2 In 1998 the Social Exclusion Unit published a report on
neighbourhood renewal which showed that in the 44 local authority districts
with
the highest concentration of deprivation in England almost a third of children
were growing up in families on Income Support,
against less than a quarter in
the rest of England. Following the report, 18 interdepartmental neighbourhood
renewal Policy Action
Teams were set up to look at complementary aspects of
neighbourhood renewal.
9.69.3 Policy Action Team 10 reported to the
Social Exclusion Unit in April 1998 on the contribution arts and sport could
make to
neighbourhood renewal. The team found that arts and sport can
contribute to action to reduce crime and unemployment, improve health
and
increase educational attainment. The Government has welcomed the report of PAT
10 and intends to implement many of its recommendations.
10. SPECIAL PROTECTION MEASURES
This chapter covers
articles:
11 Measures against abduction and non-return
from abroad
22 Refugee
children
32 Economic
exploitation
33 Misuse of
drugs
34 Sexual
exploitation
35 Slavery
36 Exploitation
prejudicial to welfare
37b-d Unlawful imprisonment and
Maltreatment when detained
38 Protection during armed
conflict including prohibition on armed service for
those under
15
39 Protection of child victims of neglect and
abuse
40 Treatment of children under the criminal
law
10.1 Drug misuse
Article 33
10.1.1 United Kingdom
drugs legislation is based on the United Nations Single Convention on Narcotic
Drugs 1961 (as amended by the
1972 Protocol), the Convention on Psychotropic
Substances 1971 and the Convention against the Illicit Traffic in Narcotic Drugs
and
Psychotropic Substances 1988.
10.1.2 In May 1995 the Government
introduced as a White Paper, Tackling Drugs
Together,[1]
a strategy for the period 1995-1998 to tackle drug misuse in England.
Separate strategies were developed for Scotland, Wales and
Northern
Ireland.
10.1.3 Focusing on crime, young people and public health,
Tackling Drugs Together recognized the need for stronger action on
reducing the demand for illegal drugs whilst maintaining the emphasis on law
enforcement
and reducing supply. Coordination between Government departments
was improved at national level and 106 Drug Action Teams, made
up of senior
representatives from health and local authorities and criminal justice agencies,
were established across England to
coordinate action in delivering the strategy
at the local level. Each Team also set up a Drug Reference Group or Groups to
provide
a source of local expertise and to harness local communities in action
to tackle drug misuse. Membership includes voluntary and
statutory service
providers, community groups, doctors, social governors and local business
interests.
10.1.4 One of the three main aims driving the strategy was to
reduce the acceptability and availability of drugs to young people.
Overall it
was recognized that the strategy was a step in the right direction but that a
fresh long-term approach was needed.
10.1.5 A United Kingdom Anti-Drugs
Coordinator was appointed by the Government as a special adviser on drugs issues
with effect from
5 January 1998.
10.1.6 In April 1998 the United Kingdom
Government published a new 10-year national strategy to tackle the problems of
drug misuse.
Tackling Drugs To Build a Better
Britain[118] focuses on
England but is relevant to Scotland, Wales and Northern Ireland and highlights
the United Kingdom’s international
responsibilities. Local Drug Action
Teams continue to be the mechanism by which the national objectives are
delivered at local level
and for involving communities.
10.1.7 The
Government’s vision is of a healthy and confident society, increasingly
free from the harm caused by the misuse of
drugs. The new strategy is
long-term, evidence-based and positive in its approach. It sets out four
overarching aims:
(a) young people: to help young people resist
drug misuse in order to achieve their full potential in
society;
(b) communities: to protect communities from drug
related anti-social and criminal behaviour;
(c) treatment: to
enable people with drug problems to overcome them and live healthy and
crime-free lives;
(d) availability: to stifle the availability
of drugs to young people (under 25).
10.1.8 Challenging targets have been
set in respect of the strategy’s key objectives. It is hoped to put a
comprehensive survey
in place to provide drug misuse data on young people from
age five upwards.
10.1.9 Some children are involved with their peers in
supplying small quantities of drugs to each other for their own use, but there
is very limited evidence of their active participation in the wide-scale
production or trafficking of drugs. The occasional case
is reported of young
people being involved in the carrying of small quantities of drugs for delivery
across a city, but these reports
are sporadic.
10.1.10 The United Kingdom
Government recognizes that the drug problem cannot be tackled in isolation. It
is linked to other socio-economic
issues and needs to be tackled in conjunction
with social exclusion and regeneration initiatives. Drugs affect individuals
and communities.
The strategy aims to tackle both the supply of, and demand
for, drugs through a detailed programme of action, supported by
research.
10.1.11 Research is revealing a great deal about the
relationship between drugs and young people. Many never take drugs at all, many
who do experiment grow out of it quickly, but a small hard core develop very
serious problems. The strategy sets out a programme
of action involving young
people which includes:
(a) Informing young people, parents, and those
who advise them or work with them about the risks and consequences of drug
misuse;
(b) Teaching young people from the age of five upwards both in
and out of formal education settings the skills needed to resist pressure
to
misuse drugs;
(c) Helping make the misuse of drugs less culturally
acceptable to young people, including the use of effective and targeted national
and local publicity and information;
(d) Promoting healthy lifestyles
and positive activities not involving drugs and other substance
misuse;
(e) Ensuring that the groups of young people most at risk of
developing serious drug problems receive appropriate and specific
interventions;
(f) Ensuring that young people from all backgrounds,
whatever their culture, gender or race, have access to appropriate programmes;
and
(g) Building on and disseminating good practice in identifying what
works best in prevention and education activity.
10.2 Drugs and health
Article 33
10.2.1 The Department
of Health and the Health Education Authority began a national drug prevention
campaign in 1995. The campaign
has been based on the provision of accurate
information for young people about the risks of drug misuse. The principal
elements
of the campaign are:
(a) A programme of research into the use
of the media to help drug prevention;
(b) Radio and magazine
advertisements about the risks of drug misuse;
(c) Written information
materials provided free for young people and their parents;
(d) Use of
new media including CD-ROM and the Internet;
(e) Providing information
to young people in clubs and at events, such as major music
festivals;
(f) Partnership with major “blue chip” companies
to encourage them to participate in drug prevention activity and to
help them
channel their efforts.
10.2.2 In addition, since 1995 the Health
Departments of England, Northern Ireland, Scotland and Wales have invested in a
National
Drugs Helpline. This is a freephone information service for anyone who
is concerned about drugs. It is now used by hundreds of
thousands of people
each year.
10.3 Drugs: education and employment
Article 33
10.3.1 The Department
for Education issued Circular 4/95 as guidance to all schools in England in May
1995. The Circular sets out
the statutory position of drug education in
schools, and offers guidance to help schools develop and implement programmes of
drug
education and deal effectively and consistently with drug-related
incidents. To support and underpin the Government’s strategy,
in autumn
1998 the DfEE issued further guidance to teachers, youth workers and other
professionals which built on the messages within
the DfEE’s earlier
circular. The guidance encouraged Local Education Authorities and individual
schools to take note of best
practice in drug education.
10.4 Home Office drugs prevention work
Article 33
10.4.1 The Home
Office Drugs Prevention Initiative (DPI) has continued to test a wide range of
community-based approaches to the prevention
of drug misuse by young people.
Following the United Kingdom’s first report in 1994, the DPI was
reorganized to give a sharper
focus to its work. Twelve larger drugs prevention
teams were created in 1995, covering larger areas in England. The DPI managed
a
programme of over 70 local projects in partnership with bodies such as schools,
local authorities, criminal justice agencies and
the voluntary sector. This
work had aimed to find out which approaches had a positive impact on young
people, their families, and
the wider community in which they lived. Much of
the work was developed in consultation with the young people themselves. It
included
not only programmes aimed at the majority of young people, but also
schemes which targeted those who might be at higher risk of drug
misuse, such as
children who had been excluded from school, those who were being looked after by
local authorities, and young offenders.
10.4.2 The DPI’s work was
underpinned by a robust body of research harnessed to a national programme of
learning. A key aim
of the DPI was to spread good practice to policy makers and
practitioners nationwide. In particular, guidance disseminated by the
DPI
helped the national network of Drug Action Teams to plan and implement effective
local drugs prevention strategies aimed at young
people and others as part of
the national drugs strategy.
10.4.3 From April 1999, the Drugs Prevention
Initiative was replaced by a new body, the Drugs Prevention Advisory Service
(DPAS),
established on an England-wide basis. Its support for work with young
people includes:
(a) Helping Drug Action Teams to develop prevention
strategies locally and regionally, based on good practice
findings;
(b) Development of demonstration programmes to provide further
evidence of effective prevention;
(c) Ensuring that prevention
programmes are linked with relevant government policies such as action to tackle
social exclusion;
(d) Contributing to consistent and coherent prevention
policy across government.
10.4.4 DPAS will publish the remaining research
findings from the DPI programme and further information about its own developing
programme
of
work.[119]
10.5 Legislative measures related to drug and alcohol and misuse
Article 33
10.5.1 Measures to
prevent harm to young people caused by drug and alcohol misuse include:
− The Public Entertainments Licences (Drugs Misuse) Act 1997,[120] which came into effect on 1 May 1998. The provisions of the Act give local authorities the power to close with immediate effect those clubs found to have a serious problem relating to the supply or use of controlled drugs at the premises, or at any place nearby which is controlled by the holder of the public entertainments licence.
− Under the Intoxicating Substances (Supply) Act 1985[121] it is an offence to supply any substance to someone under 18 knowing or believing that the substance is, or its fumes are, likely to be inhaled for the purpose of intoxication. As an additional measure, the Government is considering the introduction of a minimum age limit on the sales of butane lighter fuels, in view of their implication in a high proportion of volatile substance abuse deaths.
− The Confiscation of Alcohol (Young Persons) Act 1997[122] allows the police to confiscate alcohol from drinkers under the age of 18 in a public place, or from someone whom the police suspect is likely to pass alcohol to a person under the age of 18 for consumption in a public place. The police are able to use these powers in conjunction with other initiatives to combat underage drinking, including notifying the parents of those who have come to the police’s attention in these circumstances.
− The Crime and Disorder Act 1998 introduced a new community sentence, the Drug Treatment and Testing Order. This is designed for seriously addicted offenders aged 16 or over with the aim of breaking the link between their drug addiction and acquisitive crime. Offenders must be susceptible to treatment and consent to the Order. The progress of the offender is reviewed periodically by the court and regular and random drug testing is used to check that the offender is staying off drugs. Breach of the Order could result in revocation of the Order and re-sentencing. However sentencers will have several options. Pilots began in October 1998 in three probation service areas in England, with a view to implementation nationwide from April 2000. The Action Plan Order, also introduced in the Crime and Disorder Act 1998, could be available for younger offenders and include treatment for those with drug misuse problems.
Figure 6. Drugs offences by children in England and
Wales
Young people cautioned, prosecuted at Youth Courts and convicted at
all
courts for indictable drug offences by age and offence, 1994-1997
1994
|
1995
|
1996
|
1997
|
||||||||
|
|
Age
|
Age
|
Age
|
Age
|
Age
|
Age
|
Age
|
Age
|
||
|
|
10-13
|
14-17
|
10-13
|
14-17
|
10-13
|
14-17
|
10-13
|
14-17
|
||
Offence and Disposal
|
|
|
|
|
|
|
|
|
|
||
Drug Trafficking
|
|
|
|
|
|
|
|
|
|||
|
Cautions
|
74
|
504
|
38
|
508
|
38
|
407
|
43
|
371
|
||
|
Prosecutions
|
4
|
417
|
2
|
533
|
8
|
589
|
11
|
585
|
||
|
Convictions
|
2
|
261
|
-
|
328
|
3
|
362
|
2
|
380
|
||
of which
|
|
|
|
|
|
|
|
|
|||
Unlawful importation/exportation of a controlled drug
|
|
|
|
|
|
|
|
|
|||
|
Cautions
|
-
|
2
|
-
|
1
|
-
|
2
|
-
|
1
|
||
|
Prosecutions
|
-
|
16
|
-
|
14
|
-
|
10
|
-
|
15
|
||
|
Convictions
|
-
|
7
|
-
|
4
|
-
|
8
|
-
|
8
|
||
|
|
|
|
|
|
|
|
|
|
||
Production or being concerned in the production of a controlled drug
|
|
|
|
|
|
|
|
|
|||
|
Cautions
|
7
|
128
|
4
|
165
|
8
|
106
|
6
|
79
|
||
|
Prosecutions
|
-
|
52
|
-
|
70
|
2
|
49
|
-
|
39
|
||
|
Convictions
|
-
|
39
|
-
|
55
|
1
|
37
|
-
|
29
|
||
|
|
|
|
|
|
|
|
|
|
||
Supplying or offering to supply a controlled drug
|
|
|
|
|
|
|
|
|
|||
|
Cautions
|
48
|
238
|
21
|
203
|
19
|
164
|
25
|
173
|
||
|
Prosecutions
|
1
|
154
|
-
|
199
|
4
|
237
|
7
|
249
|
||
|
Convictions
|
1
|
107
|
-
|
119
|
1
|
124
|
2
|
146
|
||
|
|
|
|
|
|
|
|
|
|
||
Having possession of a controlled drug with intent to supply
|
|
|
|
|
|
|
|
|
|||
|
Cautions
|
19
|
136
|
13
|
139
|
11
|
135
|
12
|
118
|
||
|
Prosecutions
|
3
|
195
|
2
|
250
|
2
|
293
|
4
|
282
|
||
|
Convictions
|
1
|
108
|
-
|
150
|
1
|
193
|
-
|
197
|
10.6 Combating drug and alcohol misuse in Wales
Article 33
10.6.1 The current
five-year Welsh drug and alcohol strategy Forward
Together[123] was
launched in May 1996 with an emphasis on preventing the misuse of drugs and
alcohol, particularly among young people; and providing
treatment, support and
rehabilitation for those misusing drugs and alcohol. At a national level the
Welsh Drug and Alcohol Unit
has been established to provide practical and
administrative support to those involved in combating drug and alcohol misuse.
A Welsh
Advisory Committee on Drug and Alcohol Misuse, whose members were chosen
to reflect the wide spectrum of those who tackle misuse,
has also been
established. At a local level the strategy is implemented by Drug and Alcohol
Action Teams.
10.6.2 Action is in hand to review Forward Together
in the light of the new United Kingdom strategy and to provide a report to the
United Kingdom Anti-Drugs Coordinator on relevant
developments.
10.7 Drug education in Scotland
Article 33
10.7.1 It is the
policy of the Government to encourage education authorities in Scotland to
address health education, including drug
education, within a comprehensive
programme of personal and social education. This approach is designed to ensure
that information
about drugs is given, not in isolation, but as a part of a
programme that considers a number of issues relating to sound moral choices
and
healthy living. Guidelines on health education have been issued by the Scottish
Office as part of the 5-14 programme on Environmental
Studies. This gives
health education a firm place in the curriculum and highlights drugs education
as a key feature.
10.7.2 In 1995, a curriculum framework for health
education was jointly developed by the Scottish Office Education and Industry
Department
(SOEID) and Strathclyde Region. The framework is called the Health
Education for Living Project (HELP) and it was offered free of
charge to all
schools in Scotland. HELP covers the span from pre-5 to S5/S6 and although it
covers the full range of health education
it gives particular focus to drug
education. HELP is currently being updated to take account of recent
developments in drug and
nutrition education and will be available in its
revised form in summer 1998.
10.7.3 In addition, good quality health
education resources are available for schools both for use with pupils and for
staff development
purposes. The Scottish Office Department of Health has funded
the development of three support packages in drug education for schools.
Two of
these packages are aimed at secondary pupils; Drugwise Too for pupils
aged 10-14 and Drugwise Drug Free for older pupils. Drugwise
First was for primary pupils. These packages were offered free of charge to
all schools in Scotland. The Health Education Board for Scotland
(HEBS) has
also produced a range of helpful resources.
Figure 7. Drugs offences by children in Scotland
|
|
1995
|
1996
|
1997
|
|||||
Offence
|
|
Age of accused
|
|||||||
|
|
10-13
|
14-17
|
10-13
|
14-17
|
10-13
|
14-17
|
10-13
|
14-17
|
Production, manufactured
or cultivation |
Prosecuted Charge Proved |
0 0 |
3 3 |
0 0 |
1 1 |
0 0 |
4 4 |
0 0 |
1 1 |
Supply, possession with intent to supply
|
Prosecuted Charge Proved |
0 0 |
52 42 |
1 0 |
51 29 |
0 0 |
4 55 |
0 0 |
72 56 |
Possession of Drugs
|
Prosecuted
|
0
|
268
|
0
|
293
|
0
|
285
|
0
|
276
|
|
Charge proved
|
0
|
252
|
0
|
273
|
0
|
250
|
0
|
248
|
10.7.4 The table above summarizes statistics relating to drug offences by
children in Scotland.
10.8 Increase in asylum applications
Article 22
10.8.1 Since the
previous report was published, the number of asylum applications overall has
risen dramatically, stretching further
the resources of the Home Office
Immigration and Nationality Directorate as well as other government and
non-government bodies dealing
with asylum-seekers.
10.8.2 The number of
unaccompanied children seeking asylum in the United Kingdom has also risen
dramatically from 400 in 1994 to over
2,800 in 1998.
10.8.3 In the light
of the increase in asylum applications, an interdepartmental study of the asylum
process was undertaken. The
results of that review contributed to the White
Paper referred to in section 10.16. An Immigration and Asylum Bill which will
deliver
key elements of the strategy set out in the White Paper is now before
Parliament.
10.9 Refugee children
10.9.1 The Asylum and Immigration Appeals Act
1993, the Asylum and Immigration Act 1996 and
HC395[124] (as amended) now
regulate the handling of all asylum applications including those made by
children. When considering asylum applications
from children, whether
accompanied or not, close attention is given to the welfare of the child at all
times.
10.9.2 Under the Immigration Rules applications from unaccompanied
children receive priority and because of their potential vulnerability
particular care is given to their cases. As an additional safeguard, the
Government has made a commitment that no unaccompanied
children under the age of
18 will be removed from the United Kingdom unless there are adequate reception
and care arrangements for
them in their country of origin. The Home Office
passes details of every unaccompanied child who claims asylum to the British Red
Cross which has established a register of unaccompanied children who are in the
United Kingdom. The purpose of this register is
to facilitate the restoration
of family contacts and the tracing of parents.
10.9.3 All asylum-seeking
children and all asylum-seekers who claim to be minors are referred as a matter
of routine to the Children’s
Panel of the Refugee Council.
10.10 Panel of advisers for unaccompanied refugee children
Article 22
10.10.1 The United
Kingdom’s first report under the Convention, in 1994, outlined the
decision to fund the establishment of
a non-statutory Panel of Advisers to
assist unaccompanied children who are seeking asylum. The Refugee Council were
subsequently
asked to set up what became known as the Panel of Advisers for
Unaccompanied Refugee Children. A Memorandum of Understanding has
been
established between the Home Office and the Refugee Council setting out the
purpose of the Panel, the services provided by the
Panel, the performance
indicators to be used and monitoring and reporting procedures. The service to
be provided by the Panel is
consistent with article 3 (4) of the EU Council
Resolution on unaccompanied minors who are nationals of third countries, agreed
at
the Justice and Home Affairs Council in May 1997, which states that member
states should provide “necessary representation”
for minors.
10.11 Welfare of refugee children
Article 22
10.11.1 The
Immigration and Nationality Directorate Public Caller Units based in Croydon
have established a close working relationship
with the Social Services
Department of Croydon Borough Council. A meeting took place in autumn 1997 to
set out the relationship
between the two departments in order that an efficient
safety net was in place to care for unaccompanied minors or those considered
to
be vulnerable. Similar arrangements, modified dependent on the area, have been
put in place with most local authorities in the
vicinity of the major sea and
airports. Unaccompanied minors of compulsory school age have access to
education on the same basis
as other children. Additional English language
teaching is provided for children whose first language is not
English.
10.11.2 A list has now been prepared, by the Department of
Health, of child mental health professionals who can be contacted in situations
where there is particular concern for a refugee child or adolescent. This list
has been passed to the Refugee Council.
10.12 Family reunion for refugees
10.12.1 Those people recognized as refugees are
immediately eligible to be joined by their preexisting spouse and minor
dependant
children. The maintenance and accommodation criteria which are
applied under the Rules to other immigration cases are waived for
refugees.
10.12.2 Those refused refugee status may be granted exceptional
leave to remain (ELR) if it is considered that there are compelling
reasons why
they should not be expected to return to the country of origin. This is a
discretionary and temporary status and family
reunion is not
normally permitted until the sponsor has completed four years’
exceptional leave to remain in the United Kingdom, by which time
it has usually
become clear that the sponsor’s stay in the United Kingdom will be
permanent. Sponsors with ELR must show that
they are able to support and
accommodate their dependants in the United Kingdom.
10.12.3 Family
reunion does not apply to applicants who marry after leaving their country of
nationality to seek asylum. In such
cases, applicants must satisfy the normal
requirements of the Immigration Rules.
10.13 Immigration staff training for work involving refugee children
Article 22
10.13.1 All
caseworkers dealing with applications from unaccompanied children receive
special training which broadly follows the guidelines
set by UNHCR and the Red
Cross. In accordance with the Immigration Rules, a child will not be
interviewed about the substance of
his or her claim if it is possible to obtain
from written enquiries the information needed to consider the application fully.
However,
where an interview is necessary it must be conducted by a specially
trained officer, in a language the child understands, and in
the presence of a
parent, guardian, representative or other adult who, for the time being, takes
responsibility for the child. In
practice, it is rarely necessary for an
interview of this kind to be conducted. Most children are interviewed only
briefly, for
the purpose of establishing their identity.
10.14 The integrated casework programme for immigration
10.14.1 During 1999, a computerized caseworking
system will be introduced within the Immigration and Nationality Directorate.
It
will increase caseworking performance to benefit all applicants. Within the
Integrated Casework Directorate, two Casework Management
Units (CMU) have been
set up to take over the work formerly undertaken by the Unaccompanied
Children’s Module (UCM). The number
of caseworkers within these new units
will increase from 6 caseworkers to 32, and while they may not deal solely with
applications
from unaccompanied children, such applications will continue to be
dealt with as a matter of priority by staff who have received
special
training.
10.15 Detention under immigration procedures
Article 37
10.15.1 In the
majority of borderline cases where an applicant claims to be under 18, and the
documentary or other evidence is not
conclusive, he or she is usually given the
benefit of the doubt.
10.15.2 There are circumstances, however, where a
short period of detention in such cases is inevitable, usually when an
unaccompanied
child arrives at a port in the United Kingdom, often late at
night, in circumstances where the local Social Services are unable to
make an
immediate
response to the Immigration Service’s request for assistance. Such
cases are rare and the child is usually released the following
day. Accompanied
children are detained very much as a last resort, where there are compelling
reasons for keeping a family together
or where such detention would facilitate
arrangements for the removal of a family unit from the United
Kingdom.
10.15.3 The detention of a minor is notified as a matter of
course to the official Visiting Committees, and exceptional risk status
may be
afforded to any vulnerable immigration detainee, whatever the cause of concern
may be. Exceptional risk status requires the
provision of one or more chaperons
and frequent monitoring by contractor staff.
10.15.4 In the majority of
cases where an applicant claims to be under 18, he or she is usually given the
benefit of the doubt. However,
there are circumstances where there is no
conclusive evidence to show that a particular applicant is a minor. Whilst
medical reports
provided by the individual or his representatives can be a
helpful indicator, they are not necessarily conclusive. Whenever someone
claims
to be under 18 the case is referred to the panel of advisers of the Refugee
Council at the earliest opportunity. The Immigration
Service also has leaflets
which provide details of how to contact this organization and these are
available in 15 different languages.
10.15.5 On occasions children not
liable to be detained are housed in detention accommodation with a detained
parent or parents.
However, this is done only with the agreement of the parents
and in order to avoid separating family members. Such detention
is
normally for only a very short period prior to removal.
10.16 Benefits for asylum-seekers
Articles 22, 24, 26
10.16.1 Under the
Social Security (Persons from Abroad) Miscellaneous Amendment Regulations 1996,
which were subsequently confirmed
by the Asylum and Immigration Act 1996
after a court judgement, social security benefits for asylumseekers have been
restricted to
those who claim asylum at the port of entry. The Act also
confirmed that no persons from abroad, irrespective of whether they claim
asylum, can claim child benefit. Under the Children Act 1989 however, where a
child is found to be in need of care and support,
Local Authorities are bound to
provide all that is necessary to preserve the welfare of that child and any
relative or carer who
looks after the child.
10.16.2 Under new proposals
set out in the White Paper on immigration and asylum (see below) responsibility
for supporting families
with children will be removed from local authorities and
passed to a new central body, which will be responsible for providing
accommodation
and support for asylumseekers, except unaccompanied children, the
responsibility for whom will remain with local authorities.
10.16.3 The
Government published a White Paper on 27 July 1998 entitled Fairer, faster,
firmer - a modern approach to immigration and
asylum[125] which
proposes new arrangements for supporting asylumseekers. These arrangements will
ensure that the needs of children are fully
respected and their welfare and rights safeguarded. Appropriate access to
education will continue to be afforded to the children
of asylum-seekers.
Provision will continue to be made under the Children Act 1989 and the Children
(Scotland) Act 1995 for unaccompanied
children claiming asylum, but local
authority social services departments will no longer be expected to provide for
asylum-seeking
families in the absence of needs requiring a social services
response. Where the need can be demonstrated, families will be provided
with
support under the same arrangements as for other asylumseekers. The Government
is fully aware of the need to ensure that accommodation
and support must be
suitable to meet the needs of families in order to comply fully with Article 8
of the European Convention on
Human Rights and Section 20 (1) of the Children
Act 1989.
10.17 Immigration and the treatment of refugees - views of NGOs
Article 22
10.17.1 This is a
sensitive area which presents great problems for the Government in dealing
fairly with those who seek to come to
the United Kingdom, consistently with our
international obligations. The Government must take account of economic
pressures and
the need to avoid the unfairness which would result if those who
have abided by the controls were to see others obtaining advantage
by ignoring
the controls.
10.17.2 This is a difficult balance to strike, and not
surprisingly the Government’s efforts to do so are closely scrutinized.
The Churches’ Commission for Racial Justice, for example, have expressed
concern about children of families where either or
both of the parents face
deportation, especially where the children have been born in the United Kingdom
or lived a substantial proportion
of their lives here. They also express
concern about the children of asylumseekers, who face difficulties resulting
from the more
limited social security benefits now available to such families;
and about the separation of families which may result when asylumseekers
may
have to wait many years for a decision, during which time they cannot be
reunited with their families. This latter point is
supported by the Medical
Foundation for Victims of Torture, who urge that cases involving children need
speedy consideration, within
a time limit of, say, 12 weeks, so that the
period of uncertainty would be short, the stress on the child would be reduced,
and the
statutory authorities would have a better basis for discharging their
responsibilities to the child whether its future was abroad
(in which case
consideration would need to be given to reception facilities) or in the United
Kingdom.
10.18 Child witnesses: England and Wales
Articles 34, 39, 40
10.18.1 The United
Kingdom’s First Report set out (in paras. 1.29 to 1.32) the existing
measures available to protect child
witnesses in court proceedings. Those
included abolition of the presumption that children are incompetent witnesses;
the transfer
of child witness cases direct to the Crown Court; in the case of
sexual offences and offences of violence, cruelty and neglect, the
use of live
TV links in court; video recorded interviews; and a ban on a defendant
himself cross-examining a child witness. That report indicated that the
effect of these reforms was being monitored with a view to
assessing the need
for further reform, and a number of developments have taken place since
1994.
10.18.2 The Steering Group on Child Evidence (SGCE), comprising
representatives from relevant Government Departments and the police,
monitors
and evaluates the implementation of the child evidence provisions and takes
forward and resolves any issues arising. Since
the end of 1997 the group
has included a number of associate members from non-government organizations
such as the NSPCC and Childline.
Developments in which the SGCE has been
involved include a video, A Case for Balance, produced by the NSPCC in
January 1997 as a result of cooperation between and funding by both government
and non-government organizations.
This provides guidance on good practice for
the judiciary and lawyers in cases involving child witnesses. The video has
been endorsed
by the Judicial Studies Board, and has been well received by its
target audience of judges and advocates who deal with children’s
cases and
Crown Court staff.
10.18.3 Revision of the child witness pack has also
been completed - it was re-issued as The Young Witness
Pack[126] produced by
the NSPCC in conjunction with the Government in June 1998. The thrust of
this initiative, which consists of a range
of age-related booklets and leaflets
for children, their parents and carers, is the belief that careful
familiarization with the
court process can improve the quality of evidence given
by children, without prejudicing the rights of the defendant. A Handbook
has
been produced to accompany the Pack, designed as a reference and training
resource for child witness supporters.
10.18.4 Other issues which are
being taken forward include fast tracking of child abuse cases in the
criminal justice system; preparation
of the child for court; and the development
of guidance on pretrial therapy by a multidisciplinary group coordinated by the
Crown
Prosecution Service.
10.18.5 All Crown Courts have Child
Witness Officers who are responsible for ensuring the smooth running of the
arrangements for child
witnesses, including pre-trial familiarization visits.
There is a Crown Court Witness Service (CCWS) run by Victim Support in every
Crown Court, providing help to all victims and witnesses attending court
including children. Arrangements made in 1997 with the
Crown Prosecution
Service enable the CCWS to receive advance copies of the lists of witnesses
attending court so that children can
be identified and arrangements made for
their reception.
10.18.6 On 10 June 1998 the Government published
Speaking Up for Justice, the report of a Government Working
Group.[127] This makes
over 70 recommendations to improve the treatment of vulnerable or intimidated
witnesses - including children - in the
criminal justice system. Approximately
26 of these will require legislation. Those recommendations relating
specifically to child
witnesses include:
(a) The existing child evidence
measures (video recorded statements and live TV links) should be available for
all witnesses under
17 years;
(b) The new special measures should be available to all witnesses under 17
years, regardless of the nature of the offence; these
special measures
include:
− video-recorded pre-trial cross-examination;
− assistance with communication where necessary, including the use of an intermediary;
− power for the judge to clear the public gallery in cases involving sexual offences or intimidation so the witness can give evidence in private;
− screening the witness from the defendant;
− removal of formal court dress;
(c) There should be a
presumption that child witnesses giving live evidence to the courts should do so
by live TV link;
(d) All measures should be available in the
magistrates’ courts, youth courts and the Crown Court;
(e) The
scope of the ban on defendants cross-examining child witnesses in person should
be increased by extending the categories
of offences to include false
imprisonment, kidnapping and child abduction.
10.18.7 The Government has
indicated its broad support for these recommendations and is consulting on the
detail before reaching any
final conclusions. The consultation exercise ended
on 31 August 1998.
10.18.8 The Government has included legislative
provision in the Youth Justice and Criminal Evidence Bill, currently before
Parliament,
to extend reporting restrictions over the identification of young
people alleged to have committed criminal offences back to the
point when the
official investigation of the offence begins.
10.18.9 Concerns have been
addressed about the confidentiality and security of record and privacy rights of
children who have been
the victims of sexual exploitation, particularly where
the child’s evidence is given on video. Under the Sexual Offences
(Amendment)
Act 1976, where an allegation has been made that a person has been
the victim of a rape offence, neither the name nor the address
of that person
nor a photograph of them can be published or broadcast during their lifetime if
it is likely to lead to members of
the public identifying that person as an
alleged victim of such an offence. The Sexual Offences (Amendment) Act 1992
also extended
the anonymity of the alleged victim to certain other sexual
offences, for example incest. The Memorandum of Good
Practice[128] contains
practical guidance on the storage, custody and destruction of such videotapes
and all police records are confidential.
There is, however, an obligation to
disclose a copy to the defence.
10.19 Child witnesses in Northern Ireland
Articles 34, 39, 40
10.19.1 The
Children’s Evidence (Northern Ireland) Order 1995 allowed video evidence
to be admitted in the Crown Court and juvenile
court to help reduce the trauma
of children who are victims of, or witness to, violent or sexual offences.
Provision was made in
the Criminal Justice (Children) (NI) Order 1998 to amend
the Police and Criminal Evidence (NI) Order 1989 to allow magistrates’
courts to admit children’s evidence in chief by video
recording.
10.19.2 The Vulnerable or Intimidated Witnesses (NI) Working
Group was established in April 1998 to examine the proposals for England
and Wales in the Northern Ireland context. The group held two consultation
exercises and plans to submit its final report to Ministers
by the end of June
1999. It has already been agreed that the provisions in the Youth Justice and
Criminal Evidence Bill relating
to vulnerable or intimated witnesses will be
extended to Northern Ireland by Order in Council.
10.20 Child Witnesses: Scotland
Articles 34, 39, 40
10.20.1 In Scotland
arrangements were brought into effect in 1993 whereby children could give
evidence by live television link through
closed circuit television, by the use
of pretrial commission evidence sometimes recorded on video, or shielded from
the accused person
by a screen in the court. Those arrangements have been
developed and are now more widely available in all parts of the country.
In
civil cases these special arrangements can apply where there is a referral to
the children’s hearing and the matter is
then taken to the sheriff and a
child has to give evidence. Other changes to the law of evidence in Scotland
have meant that certain
hearsay statements are admissible in both civil and
criminal cases although there has been a limited use of these provisions and
their use may be further curtailed by the incorporation of the European
Convention on Human Rights into domestic legislation.
10.20.2 There has
been published recently a Report and Consultation Document Towards
a Just Conclusion[129]
- in which the Government makes further proposals with regard to the way in
which all witnesses and in particular children should
be supported and
protected. In addition a Working Group dealing with support for child witnesses
published its report and research
findings in April 1999, detailing arrangements
which have been in place in the Scottish courts and amongst the
participants in the
Scottish criminal justice system to make the giving of
evidence by children a less daunting experience. The recommendations from
both
these reports will form the foundation for further developments in this
area.
10.20.3 Furthermore, the Government has consulted on the proposal
to remove the test of competency for child witnesses in Scotland
in both
criminal and civil proceedings and is likely to bring forward proposals to
this effect along with other proposals to extend
the use of closedcircuit
television, commission and screens to other types of civil proceedings. All
these
developments reinforce the support which children can expect from the Court
Service, from the Procurators Fiscal Service and the Crown
Office, and from
other participants in the criminal and civil justice systems.
10.20.4 The
Crown Office has also undertaken a thematic review of how prosecutors view and
deal with sexual offenders.
10.21 Police procedures for child witnesses in England and Wales
Articles 34, 39, 40
10.21.1 Improvements
to the way child victims are treated by the police include the
following:
(a) Police forces have specialist units of fully trained
officers to undertake child protection investigations and deal with related
issues. The police have stringent powers to protect children which include
powers to take pre-emptive action for the welfare of
the child under the
Children Act 1989. These include powers to take into protective custody
children who are at risk of significant
harm. The underlying principle of the
Act is that the welfare of the child must come first;
(b) The Home
Office have issued guidance to chief officers of police on joint training for
police officers and social workers and
the importance of inter-agency working.
In addition to training by their employers, police officers and social workers
now receive
joint training known as the CAMAT course (Child Abuse Management and
Training). Advice on interviewing child witnesses and victims
is now
incorporated in mainstream police training.
10.22 Privacy: identification of children in court proceedings
10.22.1 In the Access to Justice Bill,
currently before Parliament, the Government has introduced an amendment to the
Children Act
1989 so as to extend the prohibition on publishing material
intended or likely to identify a child involved in proceedings under
or related
to the Children Act 1989 to proceedings in the High Court and county court. The
prohibition already applies in the magistrates’
court.
10.23 Juvenile offenders: summary of developments in England and Wales since 1994
Article 40
10.23.1 This section
summarizes the substantial changes which have been made in this area since the
United Kingdom’s First Report.
These changes, and further developments
which are in progress, are set out in more detail in section
10.27.
10.23.2 Following the General Election in May 1997, the new
administration began to put into effect its plans for a radical
overhaul
of the youth justice system. The Crime and Disorder Act 1998 was
enacted on 31 July 1998 and governs the first phase of these reforms.
The far-reaching changes which seek to reduce offending and reoffending by
young people are being piloted from 30 September 1998,
for 18 months, with full
implementation likely from April 2000.
10.23.3 The reform programme aims
to provide:
(a) A clear strategy to prevent offending and
reoffending;
(b) That offenders, and their parents or guardians, face up
to their offending behaviour and take responsibility for
it;
(c) Earlier, more effective intervention when young people first
offend;
(d) Faster, more efficient procedures from arrest to
sentence;
(e) Partnership between all youth justice agencies to deliver
a better, faster system.
10.23.4 The Government also sees a need for more
fundamental reform to change the culture of the youth court, making it more open
and accessible and engaging offenders and their families more
closely.
10.23.5 There is a clear focus on preventing offending by
children and young people, and this has been established in statute as the
aim
of the youth justice system in England and Wales. There is a statutory duty on
agencies and individuals working in the youth
justice system to have regard to
that aim.
10.24 New legislation on young offenders in England and Wales
Article 40
10.24.1 Legislation
in the Crime and Disorder Act has:
(a) Abolished the rebuttable
presumption of doli incapax, thereby ensuring that courts will be able to
address offending behaviour by children between the ages of 10 and 14 at the
earliest
possible opportunity, and so nip that offending behaviour in the
bud;
(b) Allowed courts to draw inferences from the failure of an
accused child to give evidence or answer questions at trial, thereby
ensuring
that all juveniles are treated in the same way in court;
(c) Introduced
a new reparation order, which will allow young offenders to understand the
consequences of what they have done and
make reparation to their
victim;
(d) Acknowledged the crucial role of parents and guardians in
shaping and influencing a child or young person’s development,
and helped
them to fulfil that role successfully by means of a parenting
order;
(e) Enabled local authorities, the police and the courts to
protect young children from being drawn into criminal and anti-social
behaviour
by introducing the child safety order and the local child
curfew;
(f) Replaced the old system of cautioning young offenders with a
new final warning, which initiates community intervention programmes
for young
offenders designed to address offending behaviour and turn young people away
from crime before they end up in court;
(g) Introduced a new community
sentence, the action plan order, which combines punishment with rehabilitation
and reparation;
(h) Introduced a new detention and training order which
will combine custody and community supervision to rehabilitate youngsters
whose
crimes require secure detention;
(i) Introduced new measures to speed up
youth justice;
(j) Established a new Youth Justice Board for England and
Wales, which advises Ministers on standards for service delivery and promotes
and monitors good practice among local agencies involved with young offenders
and young people at risk;
(k) Placed a new duty on local authorities to
ensure the provision of inter-agency youth offending teams in their areas, in
partnership
with police, probation services and health
authorities.
10.24.2 Proposals for a further element of reform of the
youth court are contained in the Youth Justice and Criminal Evidence Bill,
currently before Parliament. The Bill contains provision for a new style of
disposal for first time defendants pleading guilty.
The young offender will be
sentenced to referral to a youth offending panel which will consider, with the
young offender, his or
her parent or guardian and others, a programme of
activity to include some reparation to the victim or to the community at large,
and to address the causes of the offending behaviour. The length of the
referral will be set by the court. The young offender will
meet the panel,
without legal representation, to participate in a group conference and to agree
a contract which will set out a programme
of activity for the duration of the
order. Where a contract cannot be agreed, or is breached, the young offender
may be returned
to court for resentencing. This will ensure a positive response
to offending by young people, helping to encourage positive discussion
and
action by youth justice practitioners, the young person and his or her
family.
10.25 Reforming the youth court in England and Wales
Article 40
10.25.1 The
Government is in the process of a programme of reform of the youth court,
following proposals set out in the White Paper
No More Excuses: a new
approach to tackling youth crime in England and
Wales.[130] This
includes both legislative and non-legislative measures to achieve long-term
improvements. New legislative measures will streamline
the way in which those
appearing before the court for the first time are dealt with by introducing a
new disposal in the form of
a referral to a youth offending panel. The panel
will work with the young offender and his or her parent or guardian - and other
influential adults as appropriate - to draw up a contract to cover a package of
measures designed to address his or her offending
behaviour. The contract will
also normally include an element of reparation. At the same time,
nonlegislative measures will encourage
a system which is more open and
accessible, and develop processes which engage young offenders and their parent
or guardian more
effectively, to help them to focus on their offending behaviour
and how to change it.
10.26 Statutory time limits in England and Wales
10.26.1 The Government is introducing a range
of legislative measures, including statutory time limits for all cases involving
young
offenders. Statutory time limits will cover the whole youth justice
process from arrest to sentence, save for the trial itself.
A number of other
practical measures have been introduced, or are currently being piloted, to
enable the courts to deal more speedily
with young offenders.
10.27 The Government’s programme for young offenders in England and Wales
Article 40
10.27.1 The new
measures summarized above will be effective in further implementing the
United Nations Convention on the Rights of
the Child. They will make the
juvenile justice process swifter, better coordinated and less stressful for all
those involved with
it. They will also ensure that all juveniles in England and
Wales have equal access to an efficient court system, and programmes
of
intervention designed to address their offending behaviour and prevent
reoffending.
10.28 Youth Justice Board for England and Wales
Article 40
10.28.1 The Crime and
Disorder Act 1998 provides a clearer national framework for local action to deal
with youth offending. It establishes
a Youth Justice Board for England and
Wales, which will promote good practice and monitor the performance of the youth
justice system
as a whole and advise the Secretary of State on this and on
national standards for work with young offenders.
10.29 Youth offending teams
Article 40
10.29.1 The
Government wishes to improve inter-agency working between those agencies most
closely involved in work with young offenders
in the community. The Crime and
Disorder Act places a duty on local authorities with education and social
services responsibilities,
in partnership with the police, probation service and
health authorities, to establish a multiagency youth offending team or teams
for
their areas.
10.29.2 Youth offending teams will include social workers,
probation officers, police officers and education and health staff. They
may
also include individuals from other agencies and organizations, including in the
voluntary sector. Youth offending teams will
plan and undertake the supervision
of young offenders under community sentences and following release from custody.
They will also
carry out assessment and intervention work in support of a new
final warning scheme, which will replace police cautions. The teams
will be
able to draw on programmes and services, such as bail support and intervention
programmes, provided outside the team by relevant
local agencies themselves and
the voluntary sector.
10.29.3 The focus of the work of youth offending
teams will be on preventing offending by children and young people. This will
involve
tackling offending behaviour and addressing problems which may underlie
that behaviour, such as truancy or exclusion from school;
poor behaviour or
performance at school, or drug or alcohol misuse.
10.30 Doli incapax and the drawing of inferences at trial
10.30.1 The abolition of the presumption of
doli incapax and the decision to allow courts to draw inferences from the
failure of an accused child to give evidence or answer questions at
trial both
have the same purpose, namely, to ensure that, if a child has begun to offend,
he or she is entitled to the earliest possible
intervention to address that
offending behaviour and eliminate its causes. The changes will also have the
result of putting all
juveniles on the same footing as far as courts are
concerned, and will contribute to the right of children appearing there to
develop
responsibility for themselves.
10.30.2 In today’s
sophisticated society, it is not unjust or unreasonable to assume that a child
aged 10 or older can understand
the difference between serious wrong and simple
naughtiness, and is therefore able to respond to intervention designed to tackle
offending behaviour. If for some reason a child is lacking in this most basic
moral understanding, it is all the more imperative
that appropriate intervention
and rehabilitation should begin as soon as possible. Similarly, it is common
sense to expect a child
who has an innocent explanation for his or her conduct
to provide that explanation, rather than to deprive him or her of that
responsibility.
Children will continue to be protected by the court’s
discretion not to draw inferences from silence if it considers that
the
child’s mental or physical state makes this undesirable.
10.30.3 It
is important to stress that these changes will not have the effect of treating
children in the same way as adults as far
as the criminal justice system is
concerned. The emphasis is firmly placed not on criminalizing children, but on
helping them to
recognize and accept responsibility for their actions where this
is appropriate, and on enabling them to receive help to change their
offending
behaviour. The criminal justice system provides for an entirely different set
of sentences, graduated by age, for juvenile
offenders. A court is therefore
able appropriately to reflect a young offender’s age and level of maturity
at the point of
sentence. There is no intention that children or young people
will be treated as if they are adults.
10.30.4 It is also important to
emphasize that the abolition of the presumption of
doli incapax does not affect the age of criminal responsibility
in England and Wales, which remains at 10 years. The Government considers that
this is an appropriate level, reflecting the need to protect the welfare of the
youngest. However if children aged 10 or older start
to behave in a criminal or
anti-social way, the Government considers that we do them no favours to overlook
this behaviour. It is
in the interests of children and young people themselves
to recognize and accept responsibility, and to receive assistance in tackling
criminal behaviour.
10.31 Pilot projects for new developments in England and Wales
Article 40
10.31.1 Pilots of
youth offending teams and the new powers for the police and courts contained in
the Crime and Disorder Act - the
final warning scheme, the reparation order, the
action plan order, the parenting order and the child safety order - began on 30
September
1998 and will run for 18 months in total. The purpose of the pilots
is to help to identify good practice in the operation of the
youth offending
teams, the delivery of youth justice services, and the effectiveness of the new
orders; this good practice will then
inform guidelines which will be issued
prior to nationwide roll-out. The pilots will also allow the costs and savings
involved in
nationwide implementation to be assessed. The pilots to introduce
statutory time limits in the youth justice system will run for
18 months from
November 1999.
10.32 Reparation orders
Article 40
10.32.1 The
reparation order is a new court disposal which requires the young person to make
specific reparation either to the individual
victim of his crime, where the
victim desires that, or to the community which he has harmed. The intention is
that the reparation
should be in a kind rather than financial, as courts may use
the compensation order if they wish the offender to make financial recompense.
Reparation activities might include writing a letter of apology or apologizing
to the victim in person, weeding a garden, collecting
litter, or doing other
work to help the community. The purpose of this new order is to enable the
young person to understand the
consequences of what he has done and the effect
of his actions upon his victim, and to enhance his right to develop
responsibility
for himself. By giving him a chance to apologize and make
amends, the young offender will be better able to reintegrate into
society.
10.33 Child safety orders
Articles 40, 39
10.33.1 The child
safety order is an early intervention measure designed to prevent children being
drawn into crime. The order provides
an early opportunity to intervene
positively in an appropriate and proportionate way to protect the welfare of the
child. The order
supplements the existing welfare provisions currently
available under the Children Act 1989. Child safety orders may be made in
respect of children under the age of 10, and can be made by a family proceedings
court following an application by the local authority
social services
department. Such an order may be applied for when a child below the age of
criminal responsibility appears to be
at risk of becoming involved in crime, or
has already started to behave in an anti-social or criminal manner. Under a
child safety
order, a Family Proceedings Court will be able to require
a child, for example, to be at home at specified times or to stay away from
certain people or places. The court could also prohibit
certain conduct, such
as playing truant from school. If the requirements of an order are not complied
with, it will be open to the
local authority to commence care
proceedings.
10.34 Parenting Orders
Articles 5, 40
10.34.1 The parenting
order is designed specifically to help and support the parent or guardian in
addressing a child’s offending
behaviour. Parent is taken to mean the
child’s or young person’s biological parent. Guardian is defined as
a person
who in the opinion of the court has for the time being the care of
the child (section 107 of the Children and Young Persons
Act 1933).
10.34.2 At the centre of the parenting order is the need
to restore a proper relationship between the child and its parent or guardian.
The main element of the order will be a requirement for the parent or guardian
to attend counselling or guidance sessions to learn,
for example, how to set and
enforce acceptable standards of behaviour. It is, therefore, consistent with
the aims of the Government’s
overall policy on supporting families and
should be seen in that context. In the area of youth justice reform, it is not
the only
measure where there is parental involvement. The parent or guardian
could, in appropriate cases, be required to exercise a measure
of control over
their child. This might include ensuring that the child attends school
regularly or that the child avoids certain
places or certain individuals who
might have exerted a disruptive influence on the child. Failure to comply with
requirements of
an order without reasonable excuse will be a criminal offence.
If convicted, the parent or guardian could be liable to a fine of
up to
£1,000.
10.35 Local child curfews
Articles 40, 39
10.35.1 Problems can
often be caused by unsupervised young children gathered in public places at
night, who are too young to be out
alone at night, and who can cause alarm and
misery to local communities and encourage one another into anti-social and
criminal habits.
To protect both the young people themselves and their local
communities, the Government is giving powers to local authorities, after
consultation with the police and local community, to impose local child curfews
on children under the age of 10. These provide local
authorities with another
option in addressing community safety problems, and they should be seen within
the context of existing community
safety practices and future
developments.
10.35.2 The power to impose a local child curfew will be a
permissive one. The decision as to whether or not a local child curfew
is
appropriate will be one which must be made locally following appropriate
discussion with the police, the local community and other
such bodies as the
local authority considers it appropriate to consult. The support of the police
and the local community will be
crucial to the success of the
scheme.
10.35.3 Once the local authority has established that there is a
consensus for a local child curfew scheme, it will be required to
draw up an
outline scheme and submit its proposals to the Home Secretary for his agreement.
The scheme will need to specify arrangements
for consulting the police and local
residents in the area to which the curfew is to be applied, and arrangements for
making local
residents and others aware of the curfew notice when it is brought
into force. Each curfew notice under the scheme may last for
up to 90 days. If
the authority seeks an extension beyond that, it will have to consult the police
and local community again. As
part of its application for confirmation by the
Home Secretary, the authority will need to signify how it proposes to do
this.
10.35.4 Local child curfew schemes will be enforced by the police.
Because of the child welfare issues involved, the social services
will also have
an important role to play. Although enforcement of the curfew will be carried
out as part of normal duties, the police
and social services may well decide
that this will be best achieved as part of a multi-agency response to the
problem involving a
number of other agencies.
10.35.5 Similar schemes,
under their different legislation, are under way in Scotland - see section
10.44.
10.36 Final warning scheme
Article 40
10.36.1 The current
arrangements for the cautioning of young offenders in England and Wales have
resulted in inconsistencies across
the country in the way in which young people
are dealt with by the police. Whilst some areas operate “caution
plus”
schemes designed to turn young people away from crime, in other
areas young people may be cautioned repeatedly with no follow up
action to
address their offending behaviour. These arrangements are being replaced with a
new Final Warning scheme, which will prevent
repeat cautions and will be
operated consistently across the country. The issue of a final warning to a
young offender will trigger
referral to a rehabilitation programme which will be
aimed at encouraging young offenders to face up to the effects of their
behaviour,
and will work with them on the factors which influence the offending
behaviour. Intervention programmes will be prepared by the
new local Youth
offending Teams, described in section 10.29.
10.37 Action plan orders
Article 40
10.37.1 The action
plan order is a new community sentence available for a child or young person
convicted of an offence other than
one for which the sentence is fixed by law,
where the court considers that it will help to prevent further offending. A
child for
this purpose is a person under the age of 14; a young person is a
person who has attained the age of 14, and is under the age of
18. It is a
highly focused three-month order which will involve the young offender in an
intensively supervised programme of education
and activities, and ensure that
his parent or guardian are fully involved. The action plan order comprises a
series of requirements
specifically tailored to the circumstances of each
individual offender. Before making such an order, the court will look at the
circumstances which have contributed to the young person’s offending
behaviour, and will ensure that the subsequent action
plan addresses those
circumstances with a view to preventing re-offending. Where the young offender
is under the age of 16, the
court is also specifically required to take into
account information about his family circumstances and the likely effect of the
order on those circumstances, in order to ensure that no requirements of the
order will cause stress or difficulty in the family
situation. If abuse of
drugs has contributed to the offending, the action plan may include an element
to assist the young person
in dealing with this problem; if truanting has been a
contributory factor, the action plan may require the young person to comply
with
educational requirements. These action plans will be supervised by members of
the new youth offending teams, and provide an
individual response to the needs
of each young offender.
10.38 Secure training orders
Article 40
10.38.1 A new
sentence of detention, the Secure Training Order, came into effect
on 1 March 1998. The legislation which introduced
the Secure
Training Order was contained in the Criminal Justice and Public Order Act 1994,
and was referred to by the committee in
their observations on the first United
Kingdom report. The Secure Training Order is for children aged 12 to 14
who persistently
offend and who have failed to respond to community sentences.
Before passing this sentence, the court must also be satisfied that
the offence
is so serious that only a custodial sentence is appropriate. The sentence may
last from six months to two years, with
half spent in custody and half under
close supervision within the community. The custodial part of the sentence
is served in a secure
training centre, the first of which opened
on 17 April 1998 at Medway in Kent. Plans are proceeding for
provision of several further
centres elsewhere in England and
Wales.
10.38.2 It seems possible, from comments in the Committee’s
observations on the United Kingdom’s first report, made some
time
before the first STC opened, that the committee may have misunderstood the
purpose and ethos of these institutions, and the
circumstances in which young
people might be sent there.
10.38.3 The primary purpose of STCs is not
penal. STCs provide a positive regime with training programmes geared to
individual needs.
They also provide a high standard of education, and
structured programmes designed to encourage the young people to address their
offending behaviour, and to face up to the consequences of their crimes.
Although the centres are privately managed, they operate
under contract to the
Government, it determines their regime and there are statutory rules governing
their operation. The management
of the centres is closely monitored by a Home
Office official based at the STC, and staff recruitment, vetting and training
have
to comply with the recommendations made in the Warner and Utting
reports.[131] The
underlying principles of the Children Act apply. There is provision for the
appointment of independent persons to whom representation
may be made by young
offenders detained in secure training centres. An organization with experience
in representing young people
in secure accommodation has been appointed to
provide the Independent Person Service at Medway.
An Independent Person visits within 24 hours of a request and assists
formal representation or complaint. Family links are encouraged,
and an
assisted visits scheme is funded by the Home Office.
10.38.4 The centres
are subject to inspection by independent inspectors. A supervising officer from
the young person’s home
area is closely involved in designing his or her
training programme during custody and on release to ensure a consistent and
positive
approach.
10.39 Detention and training orders
Article 40
10.39.1 The Crime and
Disorder Act introduces a Detention and Training Order to replace
the Secure Training Order and the sentence
of Detention in a Young Offender
Institution for 1517 year olds. The Detention and Training Order will meet
the requirement that
the ... “arrest, detention or imprisonment of a
child ... shall be used only as a measure of last resort”, as the
offence
or offences in question must be of such a level of seriousness that only
custody is justified. If the young person is under 15 years
of age, then it
must be shown that he is a persistent offender.
10.39.2 There exists a
provision to extend the detention and training order to 10 and 11yearolds,
but there are no current plans to
use it.
10.39.3 The Order itself will
last for 4, 6, 8, 10, 12, 18 or 24 months. Half of it will be served in
custody, and half under supervision
in the community. The young offender will
be supervised by a probation officer, social worker or a member of the youth
offending
team. They will help the young offender to built on the progress made
in detention, and facilitate reintegration into society.
The Order is due to be
implemented in April 2000 for juveniles. It will replace the present sentences
of Detention in a Young Offender
Institution and the Secure Training
Order.
10.40 Arrest and detention by the police in England and Wales
Articles 40, 37
10.40.1 Paragraph
8.41 of the United Kingdom’s First Report may have given rise to
misunderstanding. A juvenile should not
be placed in police cells
unless:
(a) No other secure accommodation is available;
and
(b) The custody officer considers that it is not practicable to
supervise him if he is not placed in a cell; or
(c) A custody officer
considers that a cell provides more comfortable accommodation than other secure
accommodation in the police
station.
10.40.2 A child may not be placed in a police cell with a detained
adult.
10.40.3 An intimate or a strip search of a juvenile may only take
place in the presence of an appropriate adult of the same sex, subject
to the
wishes of the juvenile. An intimate search is one involving the physical
examination of body orifices; a strip search is
one involving a visual
examination of intimate parts of the body.
10.41 Minor changes in secure accommodation arrangements in England and Wales
Articles 40, 37
10.41.1 Since the
United Kingdom’s First Report, there has been one minor change in relation
to the provision of secure accommodation
for children in care. The Children
(Secure Accommodation) Amendment Regulations
1995[1] extended the
provision of secure accommodation, to permit such accommodation to be made
available by the private and voluntary sectors.
Secure accommodation can now be
provided by community homes, voluntary homes and registered children’s
homes to restrict the
freedom, when necessary, of children looked after by a
local authority. This category may include children remanded by the courts
to
local authority care, or following criminal proceedings.
10.42 Secure accommodation in Scotland
10.42.1 In Scotland, there are now two main
routes into secure accommodation. If the child is waiting to go to court or has
been
convicted of a serious offence, he/she may be sent to a secure unit under
the Criminal Procedure (Scotland) Act 1995. The more common
route, however,
following the Children (Scotland) Act 1995, is through the Children’s
Hearing system under the Social Work
(Scotland) Act 1968. There are also
emergency procedures. No child can be kept in secure accommodation for more
than seven days
in a row or for seven days in a month, without the authority of
a Children’s Hearing or a Sheriff.
10.43 Administration of juvenile justice in Northern Ireland
Article 40
10.43.1 The Criminal
Justice (Children) (NI) Order
1998[1] provides that where
a court makes a juvenile justice centre order, half the sentence will be served
in custody and half under supervision
in the community. The aim of the order is
to plan from the first day for successful rehabilitation and to that end an
individual
plan should be drawn up for each child. The objective of the
disposal is to reduce offending behaviour and to re-integrate the child
successfully into the community.
10.43.2 The principles underpinning the
Government’s juvenile justice strategy for Northern Ireland are as
follows:
(a) The key aim for any juvenile justice system must be to
prevent children from committing offences in the first
place;
(b) Statutory and other agencies with relevant responsibilities
should focus on diverting children away from criminal behaviour and
on reducing
the need to bring criminal proceedings against children;
(c) Effective
inter-agency cooperation and coordination, on a partnership basis, is an
essential part of an effective strategy for
diverting children away from crime
and from the criminal justice process, and for addressing the needs of those who
come into contact
with it.
10.43.3 In setting out the guiding principles
to be observed by all courts in dealing with children in relation to criminal
proceedings,
Article 4 of the Criminal Justice (Children) (NI) Order 1998
requires courts to have regard to the welfare of the child brought before
it and
of any delay. Articles 12 and 13 include a presumption of bail, and require a
court to give its reasons openly if it decides
not to release a child on bail,
and if it extends beyond three months the total time for which the child has
been remanded in custody.
10.43.4 Schedule 1 to the Criminal Justice (NI)
Order 1996[1] provides for
offenders, including those who are children, who are dependent on or misuse
drugs or alcohol where this is associated
with the offending behaviour, to be
required to undergo treatment for their condition as an additional requirement
of a probation
order.
10.43.5 Under Article 33 of the Criminal Justice
(Children) (NI) Order 1998 a court has power where a child is acquitted, or is
found
guilty but is not given a custodial sentence or a community sentence, and
the court considers that the child’s welfare requires
it, to notify social
services of such matters as it thinks fit. The relevant Health and Social
Services Trust will be able to consider
whether it should exercise any of its
powers and duties, for example to provide accommodation, or to provide various
forms of family
support, or to seek a care or supervision order through the
Family Proceedings Court.
10.43.6 The range of programmes to which
children can be sent has been developed and extended. Furthermore, there are
now multi-agency
arrangements for diverting young people from the criminal
justice system and interventions of a restorative nature are being actively
explored and evaluated. The emphasis, supported by the two-part
custodial/supervision order, is now very much on maintaining young
people in the
community and using custody, in particular, as a measure of last resort and for
the minimum period commensurate with
the offence.
10.43.7 The
Government’s juvenile justice strategy is underpinned by principles to
prevent children from committing offences
in the first place. Health and Social
Services Trusts are now required under the Children (NI) Order 1995 to take
reasonable steps
to encourage children not to commit offences and to reduce the
need to bring criminal proceedings against them.
10.43.8 Health and
Social Services Boards are now required to develop Children’s Services
Plans which will demonstrate how Health
and Social Services Boards and other
agencies in the voluntary and statutory sectors plan to provide services for
children in need,
including children who are at risk of offending. The first
plans to cover the period 1 April 1999 to 31 March 2002 have been
completed.
10.43.9 Work is in hand to develop and extend the Juvenile
Liaison Bureaux. This will enable education, social services and other
bodies,
including those in the voluntary sector, to have an input into police cautioning
decisions, and to develop, with others,
programmes which tackle offending
behaviour more effectively. Relevant agencies are already cooperating to
develop schemes which
support cautioning by an appropriate intervention, which
may well be of a restorative nature in which the offender faces the consequences
of his actions. It is expected that Juvenile Liaison Bureaux will be available
throughout Northern Ireland by June 1999.
10.43.10 The Government
believed that there was no reason for the law on doli incapax to be any
different in Northern Ireland from that in England and Wales, and the rebuttable
presumption of doli incapax was abolished in Northern Ireland in December
1998.
10.43.11 Until commencement of the Criminal Justice (Children) (NI)
Order on 31 January 1999 arrangements for the detention of the
small number of serious or persistent young offenders were made by a training
school order under the Children and Young Persons Act
(NI) 1968. A training
school order was authority for the detention for up to two years in custody
followed by two years after-care
in the community. The period of detention was
determined not by the courts but by management of the training schools. No
account
was taken of the time a young person may have spent on remand. The
period of detention may not have been proportionate to the offence
for which it
was given.
10.43.12 Those arrangements have been changed. Under the
Criminal Justice (Children) (NI) Order 1998, custodial orders are limited
to the
most serious or persistent offenders and if such an order is imposed the court
determines the length of sentence taking account
only of the seriousness of the
offence. The period of the sentence is reduced by the time spent on remand.
The maximum period of
detention is one year, but a standard three-month period
is stated to be appropriate in all but the most serious
cases.
10.43.13 Because of the serious nature of the offending for which
this sentence will be reserved, the accommodation needs to be secure
in most
cases. But the regime is positive with increasing emphasis on education and
training, with the supervision period of the
sentence being used to support the
child for a period after release to help him reintegrate back into
society.
10.43.14 The Criminal Justice (Children) (NI) Order 1998
provides that where a court makes a juvenile justice centre order, half the
sentence will be served in custody and half in the community. The aim of the
order is to plan from the first day for successful
rehabilitation and to that
end an individual plan should be drawn up for each child. The objective of the
disposal is to reduce
offending behaviour and to reintegrate the child
successfully into the community. The new provisions are strictly limited to
exceptional
cases.
10.43.15 The original proposal for a draft Criminal
Justice (Children) Order would have removed the provisions in the Children and
Young Persons Act (NI) 1968 allowing the court to transfer children aged 15 or
over held in a training school to the young offenders
centre. However, as there
is no secure accommodation for girls in Northern Ireland it became apparent that
exceptional cases could
arise where a 15-year-old could not be held safely, or
could be a
danger to others, in a training school. It was therefore decided not to
remove the power to transfer such children to the young offenders
centre. The
new provisions are strictly limited to exceptional cases.
10.44 The child safety initiative in Scotland
Article 40
10.44.1 The Child
Safety Initiative was launched in Scotland by Strathclyde Police and
South Lanarkshire Council in October 1997 to
protect the safety of young
people, cut down youth disorder, and reduce crime concerns following pressure
from local communities
for action to tackle in dealing with groups of youngsters
disturbing the peace, and frightening residents.
10.44.2 A key element of
the Initiative is high-profile, weekend and evening street patrols, undertaken
by a pool of community police
officers selected for their experience, skill and
empathy in dealing with young people. The police patrol the streets of the
housing
estates and approach young people who are considered to be causing a
nuisance or are unsupervised and in vulnerable situations.
Their task is to
ensure that unsupervised children in the street at an inappropriately late hour,
and thought to be at risk, are
returned home to their parents. If there is no
adult supervision at home, the children are taken to a safe room at a police
office
until their parents or carers collect them.
10.44.3 The pilot is
being evaluated by the Scottish Office and Strathclyde Police Research and
Development Unit.
10.45 Prisons - separation of young offenders
Article 40
10.45.1 The United
Kingdom has previously entered a reservation relating to article 37 (c) because
of its policy of mixing certain
young offenders with adults. The United Kingdom
must retain this reservation for the present time to permit the mixing of young
offenders and adults where there is, at any time, a lack of suitable
accommodation or adequate facilities for a particular individual
in any
institution.
10.45.2 The United Kingdom has determined its plans for the
initial composition of an under 18 estate. The new estate will comprise
juvenile-only establishments and juvenile units in other establishments. This
is supplemented by a strategy for securing further
improvements to the estate
over the next three years. A major programme of capital development work,
totalling £15 million,
is now under way to deliver the estate by April
2000. There may continue to be a small number of juvenile prisoners whose
particular
circumstances mean that they are best temporarily held in local
prisons, for example because of distance from court or for medical
reasons. New
regime standards for boys under 18 have also been developed. The standards are
founded upon research into “what
works” with offenders and draw upon
good practices in young offender institutions as well as other
settings.
10.45.3 The United Kingdom decided that 15 and 16-year-old
girls should be placed in nonPrison Service accommodation with the introduction
of the Detention and Training Order (DTO) in April 2000. As spaces become
available, 17-year-old girls will also be placed outside
the Prison Service. In
the interim they will be held with other young women under 21 in enhanced Young
Offender Units.
10.46 Separation of young offenders - views of NGOs
Article 40
10.46.1 The National
Children’s Bureau, and some other NGOs, have supported the Review of the
Juvenile Secure Estate. They
hope that it may result in changes in the practice
of mixed placement of young offenders and children with welfare needs in local
authority secure accommodation - though they acknowledge that all such children
may require welfare provision. The same issues apply
to young people on remand
in adult prisons.
10.46.2 It is Government policy to move to a position
where no 15 and 16-year-olds have to be remanded to Prison Service custody,
but
there is currently insufficient provision elsewhere. However, under the Crime
and Disorder Act 1998, from 1 June 1999 all girls
at that age, and vulnerable
boys for whom a place is available, who need custody can be remanded to local
authority secure accommodation.
10.47 Treatment of young offenders while in custody
Articles 40, 37
10.47.1 It is the
duty of the Prison Service to hold in custody those young offenders sentenced
into their care by the courts. While
in custody, it is the Prison
Service’s duty to look after such young offenders with humanity and help
them lead constructive
lives while in custody and prepare them for a law abiding
life on release. The Youth Justice Board, which came into operation on
30
September 1998, will monitor the operation of the youth justice system as a
whole and will help set and monitor standards for
secure accommodation for
children and young people on remand or under sentence. The United Kingdom has
also decided, in principle,
that the Board will from April 2000 become the
commissioning and purchasing body for all forms of juvenile secure accommodation
-
central government, local authority and private sector. This will help to
ensure that juveniles in custody are held in accommodation
appropriate to their
needs.
10.47.2 It is the duty of the Prison Service to hold in custody
those young offenders sentenced into their care by the courts. While
in
custody, it is the Prison Service’s duty to look after such young
offenders with humanity and help them lead constructive
lives while in custody
and prepare them for a law abiding life on release.
10.47.3 Education is compulsory for young people under school leaving age in
Prison Service custody. Prison education focuses on
the core curriculum of
basic educational skills, life and social skills, and IT skills. The Prison
Service is also developing a
broader educational curriculum for those under 18,
which can be tailored to individual needs. This will include an action plan and
timetable for each juvenile, based on an in-depth assessment.
10.47.4 The
Prison Service is very aware of the importance of sustaining prisoners’
relationships with close relatives, partners
and friends, and is committed to
promoting close and meaningful family ties between prisoners and their families.
It is currently
working on improving regimes for those under 18 in its care, and
developing regime standards for juveniles which will highlight the
need to
involve families in sentence planning and review, where
appropriate.
10.47.5 Young offenders have a right of access to a request
and complaints procedure and may also communicate with whomever they wish
in the
outside community, including legal advisers and Parliamentarians. Health Care
is also available on a regular basis and it
is intended to meet the standards of
the health service in the community. A periodic review of each young offender
takes place as
part of each person’s individual sentence plan, which
charts the subject’s progress through the system and highlights
areas of
need for each young offender.
10.47.6 The Trust for the Study of
Adolescence began in May 1998 an 18-month evaluation of the effectiveness of the
parenthood courses
running in young offender institutions (currently such
courses run in half of the young offender institutions).
10.47.7 The
Prison Service has initiated an extensive programme designed to secure
improvements in the accommodation and regimes available
for juveniles in its
care. Principal features of this work include:
(a) The development of
new regimes standards for juveniles, which focus on the specific needs of this
group;
(b) Proposals for the creation of a distinct juvenile estate for
male 15-17-year-olds remanded or sentenced to custody;
(c) The
establishment of three enhanced regime units for those under 18 sentenced under
section 53 of the Children and Young Persons
Act 1933;
(d) The
investment, in this financial year, of additional funds in two establishments
holding juveniles to establish enhanced regimes.
10.48 Detention as a last resort - Scotland
Articles 40, 37
10.48.1 In view of
the Committee’s comment on the United Kingdom’s First Report
regarding detention as a last resort,
the Government points out that sections
207 and 208 of the
Criminal Procedure (Scotland) Act 1995 prevent detention being imposed on a
person aged under 21 years unless the court is of the
opinion that no other
method of dealing with the defendant is appropriate.
10.48.2 Underpinning
the legislation affecting children in Scotland is the principle that the State
should intervene in the life of
the child only where such action is in the best
interests of the child. Before making a supervision requirement, a
children’s
hearing must be satisfied that compulsory measures of
supervision are necessary (section 70 (1) of the 1995 Act). Section 73
stipulates
that no child shall continue to be subject to a supervision
requirement for any period longer than is necessary in the interests
of
promoting or safeguarding his welfare. Any child sent to residential or secure
care from the children’s hearings system
is subject to a supervision
requirement, which may last for a period of no more than one year and the child
or his parents have the
right to apply for a review after three months. In
certain circumstances a review may be held earlier than three
months.
10.48.3 Where a child is to be brought to a hearing or the
hearing is unable to reach a decision, a warrant may be issued for the
detention
of the child in certain circumstances and for maximum periods of time, set out
in sections 66 and 67 of the 1995 Act.
No child may be kept in a place of
safety for more than 22 days after the grant of the warrant. The warrant may be
extended subject
to an over all limit of 66 days.
10.49 Custody as a last resort in Northern Ireland
Articles 40, 37
10.49.1 The Criminal
Justice (Children) (Northern Ireland) Order 1998 introduced a number of
important changes relating to the administration
of juvenile justice in Northern
Ireland which meet the Convention’s recommendations that custody should be
used only as a method
of last resort and for the minimum period necessary. The
Order replaced the semi-determinate two-year training school order with
a more
focused, determinate disposal known as a juvenile justice centre order. Article
39 of the Order puts beyond doubt the requirement
on the courts that a custodial
sentence should be imposed only where the seriousness of the offence, or the
failure of non-custodial
sentences in cases of persistent offenders, makes a
non-custodial sentence wholly inappropriate. The juvenile justice centre order
lasts between six months and two years. Where a court makes a juvenile justice
centre order for a period longer than six months
it is required to state in open
court is reasons for doing so. Half the sentence will be served in custody and
half under supervision
in the community.
10.49.2 Another important
change, which should reduce the average period of detention in a juvenile
justice centre, is that time spent
on remand in custody will count in full to
reduce the custodial element of the sentence.
10.49.3 The Order also
seeks to reduce to a minimum the number of children remanded in custody. It
provides for the child’s
release unless the offence with which the child
is charged is of a violent or sexual nature, or is one which in the case of an
adult
is punishable with imprisonment for a term of 14 years or more, or is an
arrestable offence alleged to have been while the defendant
was on bail or
within two years of having previously been convicted of an arrestable offence.
This article is subject to section
3 of the Northern Ireland (Emergency
Provisions) Act 1996 which provides for a limitation of the power to grant bail
in the case
of offences specified in Part I or Part III of Schedule 1 to that
Act.
10.50 Sexual exploitation and sexual abuse - further developments in law and practice
Article 34
10.50.1 The
Government of the United Kingdom regards the protection of children as one of
its highest priorities. The Government
utterly condemns all forms of coercion
and sexual exploitation and is committed to achieving measures to make children
safe from
exploitation and abuse.
10.50.2 The United Kingdom’s
first report set out the wide range of measures then in force to prevent sexual
exploitation and
to deal with offenders. (It should be noted that Part II of
the Sex Offenders Act extended the jurisdiction of United Kingdom courts
to
cover certain offences committed abroad.) This report is confined to the
additional measures which have since been taken to add
to the network of
measures in force.
10.50.3 Part I of the Sex Offenders Act 1997 obliges
offenders who have been convicted of sex offences against children and other
serious sex offences to notify the police of their name and address. Offenders
have to notify the police of any changes of name,
and address if they are living
there for 14 days or more. Failure to notify the police is a criminal offence
subject to a fine of
up to £5,000, and or imprisonment of up to six
months.
10.50.4 Offenders who have been sentenced to 30 months or more
imprisonment for a specified offence will have to register for life
- shorter
periods of registration apply to those awarded shorter sentences. Using
information about registered persons, the police
can be made aware when a sex
offender moves into their area, and can use this information to identify
potential suspects in any future
offence. It is hoped that the obligation to
register will act as a deterrent to potential re-offenders.
10.50.5 The
register established under Part I of the Sex Offenders Act is a valuable tool
which enables the police to keep track of
convicted sex offenders. The police
attach a very high priority to maintaining it. Recent information suggests that
almost 96 per
cent of offenders who are required to register have done so.
Where an offender fails to register this is followed up by the
police.
10.50.6 The United Kingdom Government understands the concern
about sex offenders being able to go abroad without notifying the authorities
and that British citizens who have a conviction for a sex offence abroad do not
have to register. However, simply imposing a requirement
to register in such
circumstances would not be effective unless there were practical solutions to
the problem of tracking offenders
once they leave the United
Kingdom.
10.50.7 The United Kingdom Government considers that significant
benefits in protecting children in the United Kingdom and across
the world would
be achieved by the effective exchange of information between police forces on
the movement of known sex offenders
who pose a continuing risk. There are
already systems in place via Interpol and work is being carried out to improve
the exchange
of information. A review of the effectiveness of the Sex Offenders
Act is currently under way to assess how it is achieving its
aims and whether
changes are necessary. It is expected to report later in
1999.
10.50.8 In England and Wales all sex offenders sentenced to at
least a year in custody, and those under 21, are subject to a period
of
statutory supervision by the probation service since 1992. In Scotland
1993 legislation allows courts to impose additional supervision
on offenders
where necessary to protect the public. In both jurisdictions, prisoners serving
over four years in custody are automatically
supervised on release. An
additional period of supervision is provided in the Crime and Disorder Act which
will enable courts to
extend the existing period of supervision by up to 10
years when sentencing an offender.
10.50.9 Articles 26 to 28 of the
Criminal Justice (NI) Order 1996, which came into operation on 1 January 1998,
introduced arrangements
which gave courts the option of requiring sex offenders
to be supervised on licence from the date of release until expiry of their
full
sentence. An offender who breaches the terms of his licence or commits a
further imprisonable offence while on licence could
face a fine or a return to
prison.
10.51 Penalties for offences against children
Article 34
10.51.1 The Crime
(Sentences) Act 1997 provides for a mandatory life sentence for a second serious
sexual or violent offence, including
offences against children. The Act also
increased the maximum penalty for indecent conduct towards a child under 14 from
2 years
to 10 years. Similar legislation in Scotland increased the maximum
penalty for unlawful sexual intercourse with girls under 16 and
indecent
behaviour towards a girl between 12 and 16, to 10 years.
10.52 Role of the criminal law and the police service in preventing the exploitative use of children in prostitution or other unlawful sexual practices
Article 34
10.52.1 Prostitution
is not in itself an illegal activity in the United Kingdom but if the
prostitute concerned is below the legal
age of consent (16 for girls) then an
adult who engages in sexual activity with her will be guilty of an
offence.
10.52.2 There is a range of offences to deal with those who
abuse children involved in prostitution. However, the United Kingdom
Government recognizes the widespread concern that children involved in
prostitution have been inappropriately regarded as consenting
adults by the
police and others. The United Kingdom Government’s aim is to prevent
and deter children from entering or staying
in prostitution and the Government
believes that the best way forward is a multi-agency approach with
children’s welfare as
the prime concern. It is a tragedy for any child to
become involved in prostitution.
10.52.3 In December 1998 the Home Office
and the Department of Health issued joint draft guidance for consultation on
children involved
in prostitution. The consultation period closed on 29
March 1999. This guidance was prepared within the existing criminal law:
it
does not decriminalize soliciting, loitering and importuning by children but
emphasizes that children in prostitution are primarily
the victims of coercion
and abuse and that therefore the emphasis should be on the care and protection
of young people. Those adults
who exploit them, whether by pimping them or as
clients, are child abusers. The draft guidance encourages the use of the full
range
of criminal offences against those who corrupt and abuse
children.
10.52.4 The guidance should be a practical guide, the purpose
of which is to enable all agencies to develop effective local arrangements
to
work together to:
(a) Recognize the problem;
(b) Treat the child
primarily as a victim of abuse;
(c) Safeguard children and promote their
welfare; and
(d) Work together to provide children with strategies to
exit prostitution.
10.52.5 The draft guidance was drawn up by officials
and representatives from across government and the others such as the police,
the Association of Directors of Social Services (ADSS) and the Local
Government Association. It builds on guidelines developed by
the Association of
Chief Police Officers, with the help of the ADSS, the children’s charities
and government departments, for
the police, social services and voluntary
agencies to work together to treat the children as victims of abuse and the
pimps and abusers
as the real criminals.
10.52.6 These guidelines were
piloted in Wolverhampton and Nottingham where they have worked well. Police and
social services have
worked closely together and with other services to help
children found to be in prostitution leave that way of life. Many pimps
and
abusers have been charged with serious crimes in the pilot areas. ACPO have
adopted the guidelines as a national policy.
10.52.7 The
Government’s draft guidance works within the existing legal framework.
The United Kingdom Government is not convinced
that decriminalizing
prostitution for children is the best way to protect children who are at risk.
The Government believes that
the criminal law can play an important role in
combating the commercial sexual exploitation of children. The Government is
therefore
opposed to decriminalization because:
(a) The existence of
the criminal offence sends out a clear message - that society does not condone
child prostitution;
(b) Decriminalization would send all the wrong
signals - it might appear that society was condoning child prostitution rather
than
condemning it;
(c) The offence may act as a
deterrent;
(d) The police can use the offence as a lever to help divert
girls from staying in prostitution; and
(e) Restricting the offence of
soliciting to those of 18 or over would put those of 16 and 17, who could
legally solicit, at greater
risk of coercion into prostitution, so putting more,
not fewer, girls at risk from pimps and exploitations.
10.52.8 The
United Kingdom Government has also recognized that the criminal law on
sexual offences, while comprehensive, may not offer
children the best possible
protection from abuse. The Government is undertaking a comprehensive review of
the sexual offences and
penalties in which the protection of children is a major
theme. The terms of reference of this review were announced in January
1999.
These include requirements to provide coherent and clear sex offences which
protect individuals, particularly children and
the more vulnerable, from abuse
and exploitation, and enable abusers to be appropriately
punished.
10.52.9 The review has published a leaflet seeking views on how
the criminal law should apply in this area to protect people, especially
children and the more vulnerable, from abuse and exploitation. Initial
consultation will inform the work of the review which is
being led by a Steering
Group, advised by a separate External Reference Group of Individuals and
organizations with strong interests
and views on issues relating to sex
offences. Their conclusions are expected at the end of 1999 and will form the
basis of a consultation
document.
10.52.10 The principle of
extra-territoriality has been incorporated in Part II of the Sex Offenders Act
1997 which makes it an offence
in England, Wales and Northern Ireland to commit
specified sexual offences (including rape, sexual intercourse with a girl under
the age of 16, buggery and indecent assault on a child) in a country
or territory outside the United Kingdom. In addition, the child
pornography offences will also be covered. The Act makes equivalent provision
for Scotland.
10.52.11 The jurisdiction of the courts will be extended in
this way only where the conduct concerned would be a criminal offence
both in
the United Kingdom’s jurisdiction and in the territory of the state
where it was committed. This is the so-called
dual-criminality test. These
provisions will not alter the United Kingdom’s existing ability to
extradite a person for trial
to the country in which he is alleged to have
committed an offence. In fact, extradition will always be the preferred option.
However,
where that is not possible for any reason, there is the alternative of
prosecution here. Mounting a prosecution in this country
will not be easy, but
the United Kingdom will not be deterred where it is right and proper to do
so.
10.52.12 Legislation has also been passed to extend the jurisdiction
of our courts over conspiracies entered into in this country
to commit crimes
abroad. Under the Criminal Justice (Terrorism and Conspiracy) Act 1998 it is an
offence for a person to conspire
to commit an offence outside the
United Kingdom, provided the substantive offence constitutes an offence
both under the law in the
United Kingdom and under the law of the country
in which the act is to be committed. This enables courts in the
United Kingdom to
deal with conspiracies in this country to commit sexual
offences against children abroad. Tour operators who knowingly organize
travel
abroad for paedophiles for the purpose of engaging in sexual acts against
children, or groups of individuals who might organize
a trip for that purpose,
can therefore be prosecuted, with the consent of the Attorney-General, for such
activities. This replaces
section 1 of the Sexual Offences (Conspiracy and
Incitement) Act 1996. Under the remaining parts of the 1996 Act it is
still an
offence to incite people to commit certain sexual offences against
children abroad.
10.53 Reducing child prostitution - views of NGOs
Article 34
10.53.1 Barnardo’s
drew attention, while this report was being prepared, to their particular
concern for children who are abused
by involvement in prostitution.
Barnardo’s has been working with young women so abused for some years now.
On the basis of
their experience they would like to see changes in the law to
result in the conviction of men who abuse, and provide more appropriate
support
to the young people who are victims of such abuse. This point was echoed by
others who contributed: they would like to
see the law ensuring that it is the
client of the child prostitute who is seen and treated as the offender, with the
child prostitute
being treated as the victim.
10.54 The exploitative use of children in pornographic performances and materials
Article 34
10.54.1 The United
Kingdom has an absolute prohibition on the production, circulation, and
possession of child pornography, carrying
a sentence of three years’
imprisonment. The Obscene Publications Act 1959 applies to material published
via the Internet.
The criminal law also applies to child pornography on the
Internet: under the Protection of Children Act 1978, it is an offence
to take,
permit to take, distribute, show or possess with a view to distribution or
showing an indecent photograph, film or video
of a child under 16 - the maximum
penalty is three years’ imprisonment and an unlimited fine. It is also an
offence under
Section 160 of the Criminal Justice Act 1988 for a person to
have an indecent photograph or film or video of a child under 16 in
their
possession - this offence attracts a maximum penalty of six months’
imprisonment and a £5,000 fine.
10.54.2 Under English law all
are responsible for their own conscious acts or omissions. Thus service and
access providers and telecommunications
companies are responsible for material
to the extent that they are aware of it. It follows that they are not
responsible until they
are aware of it. This situation provides a strong
incentive for service providers to act to remove potentially illegal material
from their servers. This element of enlightened self-interest underpins the
success of the Internet Watch Foundation (see section
10.55).
10.54.3 The
Criminal Justice and Public Order Act 1994 amended the definition of
“photograph” to include data stored on
a computer disc or by other
electronic means which is capable of conversion into a photograph. The 1994 Act
amended the law to introduce
the concept of “pseudo-photograph”
which means an image, whether generated by computer graphics or otherwise, which
appears
to be a photograph. It also increased the penalty under
section 160 of the Criminal Justice Act 1988 to include a term of
imprisonment.
10.55 Cooperation with NGOs to counter exploitation of
children - the Internet
Watch Foundation
Article 34
10.55.1 In
response to concerns about the availability of child pornography and other
potentially illegal material on the Internet,
the Internet Watch Foundation
(IWF) was established in September 1996. It is a self-regulatory organization,
financed by voluntary
contributions from the United Kingdom Internet
Industry. It was set up by the Internet Service Providers (ISPs) following
discussions
between service providers, the Metropolitan Police, and officials
from the Home Office and the Department of Trade and Industry.
The aims of the
Foundation are to determine whether particular newsgroups carry potential
illegal material, to trace the originator
and to ask Internet Service Providers
to remove it from their servers, and to send details of child pornography to the
police, or
to the enforcement agency concerned via the National Criminal
Intelligence Service (NCIS) if the originator is abroad. Attention
is now being
given to ways of improving the operational interface between the police and ISPs
across the country.
10.55.2 In December 1996, the Foundation established
a “hotline” to enable users to report the presence of potentially
illegal material in a newsgroup or web site. The Foundation determines whether
the reported newsgroup or web site carries illegal
material and takes steps to
have access denied to that site. Statistics for the first year of operation of
the hotline show that
781 reports were received referring to over 4,300 items.
Reports on which action was taken were predominantly about child pornography
(85
per cent) mostly from news groups. Only a small proportion of reported items
originated from the United Kingdom (6 per cent);
the majority were from the
United States of America (63 per cent) and Japan (19 per
cent).
10.55.3. In March 1998, the Government announced a review of the
work of the Foundation which will look at the structure of the IWF,
progress on
the removal of illegal material, and the possibility of extending its remit to
focus on other types of illegal pornography.
The intention is to report in
spring 1999.
10.55.4 Building on the work of the Recreational
Software Advisory Council (RSAC), which produced a rating system for Internet
sites
- self-rated by the content provider - which covers nudity, violence, sex
and language, the IWF has been looking to devise a rating
system for legal
material and also to apply the ratings to newsgroups. This will be compatible
with filtering software packages
which have been developed to enable schools and
parents to restrict the types of web sites to which children have access. A
Working
Group of representatives of ISPs and the Foundation has been devising a
common ratings system suitable for United Kingdom Internet
users.
10.55.5 In Scotland, the Scottish Office has set up a working
group including representatives from local authorities, police and NGOs
to
prepare advice for parents and agencies on child safety and use of the
Internet.
10.56 United Kingdom participation in international agreements
Articles 34, 35
10.56.1. The
United Kingdom has played a crucial role in relevant international
agreements to prevent all forms of sexual abuse and
exploitation of children.
It took a leading role in the Stockholm World Congress Against the Commercial
Sexual Exploitation of Children and has reported on progress under the
agreed agenda for action. The United Kingdom is also active in taking
forward measures referred
to in international instruments such as the Joint
Action on Combating Child Sex Exploitation and the Sexual Trafficking of Persons
(the STOP programme).
10.56.2 In August 1997 the Government of the
United Kingdom and the Philippines Government signed a memorandum of
understanding to
cooperate to combat the sexual exploitation of children. This
was followed by a major new ASEM child welfare initiative to share
good practice
and develop dialogue between Europe and Asia in combating the commercial sexual
exploitation of children. This initiative
is co-sponsored by the
United Kingdom Government and the Government of the Philippines and was
announced at the Asia-Europe Summit
(ASEM 2) in April 1998. A preliminary
meeting was held in Manila in June 1998 to prepare for a meeting of experts
from Governments
and NGOs from ASEM countries in London in October 1998.
10.56.3 The National Criminal Intelligence Service (NCIS) has developed
a database of people involved in or connected with paedophilia
and child
pornography. They provide assistance to a variety of national and international
agencies, and have contributed to the
work of the Interpol Standing Working
Party on Offences Against Minors, which coordinates action to combat sex
tourism.
10.56.4 The police have had a number of successful operations
against child pornography including those using the Internet. Operation
Starbust involved cooperation with the police in six countries and 40
individuals were arrested.
10.56.5 Several United Kingdom police forces
have run training courses in the Philippines, Thailand and Sri Lanka to develop
expertise
and share good practice.
10.57 Statistics on sexual abuse of children
Article 34
10.57.1 Statistics
relating to sexual offences in England and Wales against children
of 16 years and under are at Annex B.
10.58 Sale, trafficking and abduction of children
Articles 34, 35
10.58.1 The United
Kingdom is fully committed to opposing the sale, trafficking and abduction of
children and associated activities.
10.58.2 The United Kingdom has
comprehensive laws to deal with those who engage in activities associated with
trafficking. It is
also possible for the courts to confiscate the assets of
those found guilty of trafficking. The most serious of offences attract
severe
penalties of up to life imprisonment (see section 10.52). In particular under
section 22 of the Sexual Offences Act 1956
it is an offence in England and
Wales to procure a woman to become a prostitute in any part of the world, and
the courts have held
that the English courts have jurisdiction to try if any
part of the offence occurs in England and
Wales.[1] Under section 23
of the same Act, it is an office for a person to procure a girl under the age of
21 to have unlawful sexual intercourse
in any part of the world with a third
person. It is also an offence to detain a woman in a brothel under section 24.
The maximum
penalty for these offences is two years’ imprisonment. Living
on immoral earnings is an offence that caries a maximum penalty
of seven years.
Anyone who takes a child from those who have lawful control of that child
commits an offence under the Child Abduction
Act 1984. Those who traffic women
may also be liable to other charges relating to illegal immigration as well as
procuration and
prostitution offences.
10.58.3 Kidnapping is a common law
offence defined as “the taking away of one person by another by force or
fraud without the
consent of the person so taken or carried away and without
lawful excuse”. There is no limit to the penalty which can be imposed
by
the higher courts on convictions for this offence.
10.58.4 Under
United Kingdom immigration legislation a child or adult who wishes to enter
the United Kingdom needs to qualify for
entry in the same way as an adult.
Particular care is taken with applications from unaccompanied minors. Where it
is considered
that a person’s purpose for entry does not qualify for leave
to enter under the Immigration Rules, such as prostitution, the
application
would be refused. The rules require that consideration be given to the removal
of those found to be in the United Kingdom
illegally but the
United Kingdom will not seek to remove a child under the age of 18 unless
it is possible to put in place acceptable
reception and welfare arrangements in
the country of origin.
10.58.5 The measures described under article 34 on
the sexual exploitation of children and sexual abuse of children also apply to
the sale, trafficking and abduction of children, as the sexual exploitation of
children is one of the main reasons why children are
sold or
trafficked.
10.58.6 Social service provide facilities for the protection
and assistance of the victims of trafficking.
10.59 Individuals unsuitable to work with children
Article 5
10.59.1 The
Protection of Children Act - July 1999 - requires regulated organizations to
refer for inclusion on a new Department of
Health list of names of individuals
considered unsuitable to work with children, and not to offer work for any posts
involving regular
contact with children in a childcare capacity - to anyone so
listed. It also introduces rights of appeal to an independent tribunal
against
inclusion on both this list and a similar Department of Education and Employment
list. Finally, it paves the way for the
introduction of a Criminal Records
Bureau to act as a single point of access for information from criminal records
and both the Departmental
lists on those wanting to work with children.
10.60 Passport policy and child abduction
Article 11
10.60.1. The
Government changed its passport policy in October 1998 so that all children not
already on the passport of one of their
parents must have a separate passport
for travel abroad. Children already on a parent’s passport will remain on
it only until
the passport expires, or the validity of the entry relating to the
child requires amendment, or the child becomes 16. Thereafter
the child will
need a separate passport. This change should reduce the risk of international
parental child abduction, forgery and
impersonation, thus providing additional
safeguards for vulnerable children.
10.61 Current action to prevent sexual exploitation and
sexual abuse of children in
England and Wales
Article 34
10.61.1. In
addition to the extensive changes which are already in force, further new
measures are being introduced. Sex Offender
orders, introduced in the Crime and
Disorder Act, enable the civil courts to make an order against someone
previously convicted of
a sex offence against a child and those subsequent
behaviour causes concern such that an order is necessary to protect the public
from serious harm from him. The order will ban specific acts, such as loitering
near school playgrounds. Breach of an order is
a criminal offence carrying a
serious penalty.
10.61.2 The Police Act 1997 will enable the creation of
a new system of access to criminal records. When the new arrangements are
introduced all organizations working with children will be able to obtain
information on criminal records of employees and volunteers
if they will
regularly care for, train, supervise or be in sole charge of
children.
10.61.3 The Government has also set up an interdepartmental
working group on preventing sex offenders from working with children.
Its main
report was made public on 25 January 1999 and copies were placed in the
libraries of both Houses of Parliament and are
on the
Internet.[1]
It examined a range of issues and made recommendations on:
(a) The establishment of a new integrated system for identifying those
unsuitable to work with children, building on and drawing
together existing
safeguards;
(b) A possible new criminal offence for a person identified
under the new system is unsuitable, to apply for work, accept work or
continue
work with children;
(c) The establishment of a central access point to
the integrated system, or “one stop shop”, to check who might be
unsuitable
to work with children.
10.61.4 The Group also made
recommendations in its interim report in November 1998 that a new criminal
offence should be created where
a person aged 18 or over has sexual intercourse
or engages in any other sexual activity with or directed towards a person under
that
age, if the person aged 18 or over is in a position of trust in relation to
the younger person in specified circumstances.
10.61.5 New initiatives
are being taken to ensure that cases of child abuse come to court quickly,
including fast-tracking schemes
for such cases. A national monitoring scheme of
child witness cases is currently under way.
10.62 Research into the abuse of children
Article 34
10.62.1 An extensive
programme of research into a wide range of issues involving children who are
physically and sexually abused is
under way. Issues include evidential matters;
police training and procedures; repeat victimization of children; the links
between
domestic violence and sex abuse; and assessing the risks posed by sex
offenders.
10.62.2 Research projects on the way in which boys who have
been abused may go on to be abusers, on therapeutic treatment for children
who
have been sexually abused, and on “What works in child sexual abuse”
are also under way.
10.62.3 Her Majesty’s Inspectorate of
Constabulary has completed a thematic inspection of child protection issues. It
is an
examination of the wide range of responsibilities which the police service
has in safeguarding the welfare and rights of children.
The report was
published in January
1999.[1]
10.63 Social care initiatives relevant to sexual abuse of children
Article 34
10.63.1 In addition
to the Utting report (see section 7.8 above) the Government is building on
experience gained in inter-agency working
since the Children Act 1989 and is
consulting on a revision of the key guidance on inter-agency and cooperation in
child protection
work. The joint Department of Health and Welsh Office
consultation paper Working Together to Safeguard
Children: new proposals for inter-agency co-operation includes a
section on the commercial sexual exploitation of children, inviting views on how
best to address the problem. Corresponding
guidance is being issued in
Scotland.
10.63.2 In Scotland the Chief Inspector of Social Work has
completed the first part of a major review of the supervision of sex offenders
in the community. The recommendations of his report A Commitment to
Protect[138] which was
published in December 1997 have been accepted by Scottish Office Ministers and
are being taken forward by a high-level
multi-agency group chaired by a High
Court judge. The second phase of the review deals with empowering and involving
communities
in reducing risk from sex offenders, and accommodations of sex
offenders, to improve community safety. The review is due to be completed
later
this year.
10.63.3 The ASEM2 child welfare initiative (described in
section 10.56) will promote good practice examples from European and Asian
countries in all the four areas of action identified in the Stockholm World
Congress: prevention, protection, recovery and rehabilitation
and cooperation,
as well as encouraging dialogue and information sharing on all aspects of
combating the commercial sexual exploitation
of children.
10.64 Protection against sexual exploitation and abuse in Scotland
Article 34
10.64.1 The Sex
Offenders Act 1997, discussed at section 10.50, applies in Scotland.
Higher penalties for various sexual offences
against children were included
in the Crime and Punishment (Scotland) Act 1997. Under the Sexual Offences
(Conspiracy and Incitement)
Act 1996, it is now an offence in Scotland to
conspire in or incite the commission of a sexual offence abroad. The Crime and
Disorder
Act 1998 also contains provision for Sex Offenders Orders to control
the behaviour of sex offenders on release and for extended post-release
supervision of sex and violent offenders.
10.64.2 As a means of further
improving safeguards for children in Scotland, the Government is developing a
fully comprehensive approach
to information held about those unsuitable to work
with children and young people. As part of that strategy it is intended that
a
statutory Consultancy Services Index will be introduced for Scotland. The
Consultancy Services Index will be introduced for Scotland.
The Consultancy
Services Index will hold, within carefully prescribed parameters, information
provided by employers about staff
(including volunteers) whom they consider
“unsuitable to work with children and young people.
10.65 Young people in the armed services
Article 38
10.65.1 The United
Kingdom’s policies on the recruitment and deployment of those under the
age of 18 remain substantially unchanged
from those set out in the First Report.
However, personnel aged under 17 are no longer deployed by the Naval Service.
Those policies
are in accordance with the provisions of international
humanitarian law, namely article 77 of the First Additional Protocol to the
Geneva Conventions 1949.
10.65.2 The Armed Forces policies on recruitment,
deployment and terms of service for those under the age of 18 were addressed by
the Armed Forces Bill Select Committee in 1991. It recommended, among other
things, that the Ministry of Defence should examine
the terms of enlistment of
those under 18. The Ministry considered those findings, and decided not to make
any changes. In 1996
the Armed Forces Bill Select Committee concluded that, on
balance, it believed that it would be impractical, and unpopular with all
concerned to place further restrictions on the ability of those under 18 to
serve on active duty. It again recommended that careful
consideration be given
to requiring minors to commit themselves to a period of service no longer than
that of adults.
10.65.3 As a result, a working group was set up to
examine how this anomaly might be removed, and to see whether common terms of
service
might be introduced across the three services - the Royal Navy, the Army
and the Royal Air Force. Work is now under way to draft
revised terms of
service for personnel under 18.
10.66 Health and safety of children at work
Articles 32, 36
10.66.1 The United
Kingdom has comprehensive health and safety legislation which generally is not
age specific and is enforced irrespective
of the age of the employee. However,
in implementing the EC Directive on the protection of young people at work,
regulations were
introduced requiring employers when conducting any assessment
of health and safety risks to young people (under 18 years) to have
particular
regard to possible inexperience, immaturity, and lack of awareness of risks.
There are some specific health risks. For
instance from toxic substances such
as lead, where young people under the age of 18 are prohibited from doing the
activity. In addition,
regulations implementing the EU Directive on the
organization of working time contain requirements relating to working hours of
young
workers, entitlements to periods of rest and annual leave, and health and
capacities assessments for work at night.
10.67 Prevention of the economic exploitation of children, and control of child labour
Articles 32, 36
10.67.1 The
convention defines a child as a person below 18 years of age (except where
relevant legislation provides for an earlier
age of majority). In the United
Kingdom, in common with adult workers, those aged above the minimum school
leaving age (around the
child’s 16th birthday) were generally free to
negotiate their hours and other conditions of employment with the employer.
This aspect of our legal provision for young people between the ages of 16
to 18 made it necessary for the United Kingdom, when acceding
to the
Convention, to enter a reservation on this point.
10.67.2 However, since
the first report, the United Kingdom has implemented the EC Directives
on the protection of young people at
work and on the Organization of
Working Time. These Directives require EC member States to bring their
domestic law into
compliance with certain standards in relation to the employment of young
people. These standards include restrictions on the working
conditions and
hours of work of all young people under age 18. Those changes to our law have
now been made.
10.68 Withdrawal of the United Kingdom reservation relating to article 32
Articles 32, 36
10.68.1 As a
consequence of the developments reported above, the United Kingdom is now
able to lift the reservation previously entered
on this article.
10.68.2 The law on children’s employment, that is those under the
minimum school leaving age, can now be outlined as
follows.
10.68.3 Children between age 13 and the minimum school leaving
age may work:
(a) For a maximum of 2 hours on
schooldays;
(b) For a maximum of 2 hours on Sundays;
(c) For a
maximum of 5 hours (if aged under 15) or 8 hours (if 15 or over) on Saturdays
and weekdays during the school holidays,
subject to an overall limit of 25 hours
(under 15) or 35 hours (15 and over) a week in the school
holidays.
10.68.4 Children may not:
(a) Do anything other than
light work;
(b) Work before they are 13 years of age;
(c) Work
for more than one hour before the start of school;
(d) Work during
school hours;
(e) Work before 7.00 a.m. or after 7.00
p.m.;
(f) Work for more than four hours without a break of at least one
hour;
(g) Work throughout the summer holidays; they must have a break of
at least two weeks;
(h) With without an employment card issued by
the local authority;
(i) Work in any industrial undertaking, e.g.
factory, building site, etc.;
(j) Work in many occupations prohibited by
local by-laws or in other legislation, e.g. in pubs or betting shops, or in
any work which
is likely to be harmful to their health, wellbeing or
education;
(k) Take part in certain theatrical or other performances or
in professional sport or modelling without a licence issued by the local
authority.
10.68.5 These restrictions are enforced by local authorities,
in general through the education welfare service.
10.68.6 In the case of
adolescents (i.e. those over the minimum school leaving age but under 18)
there is a limit of 48 hours on the
average number of weekly working hours they
can work and an average limit of 8 hours per 24 hour period when working at
night. These
limits are enforced through the health and safety enforcing
authorities.
10.68.7 Adolescents are also entitled to two days off per
week, 12 hours rest between each working day and a minimum of 30 minutes
rest if
they work for longer than 4 hours per day. They are also entitled to
minimum periods of paid annual leave. These entitlements
are enforced through
the Employment Tribunals.
ANNEX A
Text of the Committee’s observations on the first United Kingdom report
UNITED NATIONS
CRC
Convention on the Rights of the
Child
GENERAL
CRC/C/15/Add.34
15 February 1995
Original:
ENGLISH
COMMITTEE ON THE RIGHTS OF THE CHILD
Eighth
session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Concluding observations of the
Committee on the Rights of the Child:
United Kingdom of Great
Britain and Northern Ireland
1. The Committee considered the initial
report of the United Kingdom of Great Britain
and Northern Ireland (CRC/C/11/Add.1) at its
204th, 205th and 206th
meetings (CRC/C/SR.204206), held on 24 and 25 January 1995, and
adopted* the following concluding observations.
A. Introduction
2. The Committee appreciates the opportunity to
engage in a constructive dialogue with the State party and welcomes the timely
submission
by the Government of the written responses to the Committee’s
list of issues (see CRC/C.7/WP.1). The Committee welcomes the
additional oral
information provided by the delegation of the State party which greatly assisted
in clarifying many of the issues
raised by the Committee. The additional oral
information was particularly useful, in view of the Committee’s
observation that
the initial report of the State party lacked sufficient
information on the factors and difficulties impeding the implementation of
various rights provided for in the Convention.
B. Positive aspects
3. The Committee takes note of the adoption by
the State party of a Children’s Act applicable to England and Wales. The
Committee
also observes that the State party has extended the application of the
Convention to many of its dependent territories. The
Committee
* At the 208th meeting, held on 26
January 1995.
welcomes the intention of the State party to consider withdrawing the
reservation it made to article 37 of the Convention as it relates
to the
procedures governing children’s hearings in Scotland.
4. Moreover,
the Committee welcomes the initiatives being taken by the State party to reduce
the incidence of Sudden Infant Death
Syndrome and to combat the problem of
bullying in school. In addition, the Committee is encouraged by the steps taken
to address
the issue of the sexual abuse of children, including through the
development of the “Working Together” initiative which
advocates and
promotes an interdisciplinary approach to addressing this serious
problem.
5. The Committee welcomes the information it received concerning
the commitment of the Government to review its legislation in the
area of the
employment of children and to present new legislation in matters relating to the
family, domestic violence and disability.
Likewise, the Committee welcomes the
measures being taken to pass further legislation in the area of adoption,
including the intention
of the Government to ratify the 1993 Hague Convention on
Protection of Children and Cooperation in Respect of Intercountry Adoption.
The
Committee takes note of the Code of Practice for Children with Special
Educational Needs which has statutory force and has been
developed within the
framework of the 1993 Education Act.
6. The Committee takes note of the
Government’s commitment to extend the provision of pre-school education.
The Committee is
equally appreciative of the recent initiative taken by the
State party to require local authorities, in conjunction with health authorities
and nongovernmental organizations, to draw up Children’s Service
Plans.
C. Principal subjects of concern
7. The Committee is concerned about the broad
nature of the reservations made to the Convention by the State party which raise
concern
as to their compatibility with the object and purpose of the Convention.
In particular, the reservation relating to the application
of the Nationality
and Immigration Act does not appear to be compatible with the principles and
provisions of the Convention, including
those of its articles 2, 3, 9 and
10.
8. The Committee remains unclear about the extent to which an
effective coordinating mechanism exists for the implementation of the
Convention
on the Rights of the Child. It is concerned whether sufficient consideration
has been given to the establishment of mechanisms,
including of an independent
nature, to coordinate and monitor the implementation of the rights of the
child.
9. With respect to article 4 of the Convention, the Committee is
concerned about the adequacy of measures taken to ensure the implementation
of
economic, social and cultural rights to the maximum extent of available
resources. It appears to the Committee that insufficient
expenditure is
allocated to the social sector both within the State party and within the
context of international development aid;
the Committee wonders whether
sufficient consideration has been given to the enjoyment of fundamental rights
by children belonging
to the most vulnerable groups in society.
10. The
Committee notes that the initial report of the State party contains little
information on the difficulties experienced by
children living in Northern
Ireland and the effect on children of the operation of emergency legislation
there. The Committee is
concerned about the absence of effective safeguards to
prevent the ill-treatment of children under the emergency legislation. In
this
connection, the Committee observes that under the same legislation it is
possible to hold children as young as 10 for 7 days
without charge. It is also
noted that the emergency legislation which gives the police and the army the
power to stop, question
and search people on the street has led to complaints of
children being badly treated. The Committee is concerned about this situation
which may lead to a lack of confidence in the system of investigation and action
on such complaints.
11. The Committee is concerned about the apparent
insufficiency of measures taken to ensure the implementation of the general
principles
of the Convention, namely the provisions of its articles 2, 3, 6 and
12. In this connection, the Committee observes in particular
that the principle
of the best interests of the child appears not to be reflected in legislation in
such areas as health, education
and social security which have a bearing on the
respect for the rights of the child.
12. With regard to article 2 of the
Convention relating to non-discrimination, the Committee expresses its concern
at the insufficient
measures undertaken to ensure its implementation. In
particular, it is concerned about the possible adverse effects on children
of
the restrictions applied to unmarried fathers in transmitting citizenship to
their children, in contradiction of the provisions
of articles 7 and 8 of the
Convention. In addition, the Committee is concerned that children of certain
ethnic minorities appear
to be more likely to be placed in
care.
13. Furthermore, in the light of article 6 of the Convention, the
Committee expresses its concern at the health status of children
of different
socio-economic groups and those belonging to ethnic minorities.
14. In
relation to the implementation of article 12, the Committee is concerned that
insufficient attention has been given to the
right of the child to express
his/her opinion, including in cases where parents in England and Wales have the
possibility of withdrawing
their children from parts of the sex education
programmes in schools. In this as in other decisions, including exclusion from
school,
the child is not systematically invited to express his/her opinion and
those opinions may not be given due weight, as required under
article 12 of the
Convention.
15. The Committee notes with concern the increasing number of
children living in poverty. The Committee is aware that the phenomenon
of
children begging and sleeping on the streets has become more visible. The
Committee is concerned that the changed regulations
regarding benefit
entitlements to young people may have contributed to the increase in the number
of young homeless people. The
rate of divorce and the number of single-parent
families and
teenage pregnancies in the State party are noted with concern.
These phenomena raise a number of issues, including as regards the
adequacy of
benefit allowances and the availability and effectiveness of family
education.
16. The Committee is disturbed about the reports it has received on the
physical and sexual abuse of children. In this connection,
the Committee is
worried about the national legal provisions dealing with reasonable chastisement
within the family. The imprecise
nature of the expression of reasonable
chastisement as contained in these legal provisions may pave the way for it to
be interpreted
in a subjective and arbitrary manner. Thus, the Committee is
concerned that legislative and other measures relating to the physical
integrity
of children do not appear to be compatible with the provisions and principles of
the Convention, including those of its
articles 3, 19 and 37. The
Committee is equally concerned that privately funded and managed schools are
still permitted to administer
corporal punishment to children in attendance
there which does not appear to be compatible with the provisions of the
Convention,
including those of its article 28, paragraph 2.
17. The
administration of the juvenile justice system in the State party is a matter of
general concern to the Committee. The low
age of criminal responsibility and
the national legislation relating to the administration of juvenile justice seem
not to be compatible
with the provisions of the Convention, namely articles 37
and 40.
18. The Committee remains concerned about certain of the
provisions of the Criminal Justice and Public Order Act 1994. The Committee
notes that its provisions provide, inter alia, for the possibility of applying
“secure training orders” on children aged
12 to 14 in England and
Wales. The Committee is concerned about the compatibility of the application of
such secure training orders
on young children with the principles and provisions
of the Convention in relation to the administration of juvenile justice,
particularly
its articles 3, 37, 39 and 40. In particular, the Committee is
concerned that the ethos of the guidelines for the administration
and
establishment of Secure Training Centres in England and Wales and the Training
Schools in Northern Ireland appears to lay emphasis
on imprisonment and
punishment.
19. The Committee is equally concerned that children placed
in care under the social welfare system may be held in Training Schools
in
Northern Ireland and may be placed in the future in Secure Training Centres in
England and Wales.
20. The Committee is also concerned that the Criminal
Evidence (NI) Order 1988 appears to be incompatible with article 40 of the
Convention,
in particular with the right to presumption of innocence and the
right not to be compelled to give testimony or confess guilt. It
is noted that
silence in response to police questioning can be used to support a finding of
guilt against a child over 10 years of
age in Northern Ireland. Silence at
trial can be similarly used against children over 14 years of
age.
21. The situation of Gypsy and Traveller children is a matter of
concern to the Committee, especially with regard to their access
to basic
services and the provision of caravan sites.
D. Suggestions and recommendations
22. The Committee wishes to encourage the State
party to consider reviewing its reservations to the Convention with a view to
withdrawing
them, particularly in light of the agreements made in this regard at
the World Conference on Human Rights and incorporated in the
Vienna Declaration
and Programme of Action.
23. The Committee would like to suggest that the
State party consider establishing a national mechanism for the purpose of
coordinating
the implementation of the Convention, including between
governmental departments and between central and local governmental authorities.
Furthermore, the Committee suggests that the State party establish a permanent
mechanism for the monitoring of the Children’s
Act and the Convention on
the Rights of the Child throughout the United Kingdom. It is further suggested
that ways and means be
established to facilitate regular and closer cooperation
between the Government and the non-governmental community, particularly
with
those non-governmental organizations closely involved in monitoring the respect
for the rights of the child in the State party.
24. With regard to the
implementation of article 4 of the Convention, the Committee would like to
suggest that the general principles
of the Convention, particularly the
provisions of its article 3, relating to the best interests of the child, should
guide the determination
of policymaking at both the central and local levels of
government. This approach is of relevance to decisions taken about the
allocation
of resources to the social sector at the central and local government
levels, including with regard to the allocation of benefits
to children who have
completed compulsory schooling and have no full-time employment. The Committee
notes the importance of additional
efforts to overcome the problems of growing
social and economic inequality and increased poverty.
25. With regard to
matters relating to the health, welfare and standard of living of children in
the United Kingdom, the Committee
recommends additional measures to address, as
a matter of priority, problems affecting the health status of children of
different
socio-economic groups and of children belonging to ethnic minorities
and to the problems of homelessness affecting children and their
families.
26. The Committee recommends that in line with the provisions
of article 42 of the Convention, the State party should undertake measures
to
make the provisions and principles of the Convention widely known to adults and
children alike. It is also suggested that teaching
about children’s
rights should be incorporated into the training curricula of professionals
working with or for children, such
as teachers, the police, judges, social
workers, health workers and personnel in care and detention
institutions.
27. The Committee would like to suggest that greater
priority be given to incorporating the general principles of the Convention,
especially the provisions of its article 3, relating to the best interests of
the child, and article 12, concerning the child’s
right to make their
views known and to have these views given due weight, in the legislative and
administrative measures and in policies
undertaken to implement the rights of
the child. It is suggested that the State party consider the possibility of
establishing further
mechanisms to facilitate the participation of children in
decisions affecting them, including within the family and the
community.
28. The Committee recommends that race relations legislation
be introduced in Northern Ireland as a matter of urgency and is encouraged
by the information presented by the delegation of the State party regarding the
Government’s intention to follow up on this
matter.
29. The
Committee would also like to suggest that a review be undertaken of the
nationality and immigration laws and procedures to
ensure their conformity with
the principles and provisions of the Convention.
30. The Committee
recommends that further measures be undertaken to educate parents about their
responsibilities towards their children,
including through the provision of
family education which should emphasize the equal responsibilities of both
parents. While recognizing
that the Government views the problem of teenage
pregnancies as a serious one, the Committee suggests that additional efforts, in
the form of prevention-oriented programmes which could be part of an educational
campaign, are required to reduce the number of teenage
pregnancies.
31. The Committee is also of the opinion that additional
efforts are required to overcome the problem of violence in society. The
Committee recommends that physical punishment of children in families be
prohibited in the light of the provisions set out in articles
3 and 19 of the
Convention. In connection with the child’s right to physical integrity,
as recognized by the Convention, namely
in its articles 19, 28, 29 and 37, and
in the light of the best interests of the child, the Committee suggests that the
State party
consider the possibility of undertaking additional education
campaigns. Such measures would help to change societal attitudes towards
the
use of physical punishment in the family and foster the acceptance of the legal
prohibition of the physical punishment of children.
32. With regard to
matters relating to education, the Committee suggests that children’s
right to appeal against expulsion from
school be effectively ensured. It is
also suggested that procedures be introduced to ensure that children are
provided with the
opportunity to express their views on the running of the
schools in matters of concern to them. Further, the Committee recommends
that
the training curricula of teachers should incorporate education about the
Convention on the Rights of the Child. It is recommended
that teaching methods
should be inspired by and reflect the spirit and philosophy of the Convention,
in the light of the general
principles of the Convention and the provisions of
its article 29. The Committee would also like to suggest that the State party
consider the possibility of introducing education about the Convention on the
Rights of the Child into school curricula. Legislative
measures are recommended
to prohibit the use of corporal punishment in privately funded and managed
schools.
33. The Committee also suggests that the State party provide
further support to the teaching of the Irish language in schools in Northern
Ireland and to integrated education schooling.
34. The Committee
recommends that the emergency and other legislation, including in relation to
the system of administration of juvenile
justice, at present in operation in
Northern Ireland should be reviewed to ensure its consistency with the
principles and provisions
of the Convention.
35. The Committee recommends
that law reform be pursued in order to ensure that the system of the
administration of juvenile justice
is child-oriented. The Committee also wishes
to recommend that the State party take the necessary measures to prevent
juvenile delinquency
as set down in the Convention and complemented by the
Riyadh Guidelines.
36. More specifically, the Committee recommends that
serious consideration be given to raising the age of criminal responsibility
throughout the areas of the United Kingdom. The Committee also recommends the
introduction of careful monitoring of the new Criminal
Justice and Public Order
Act 1994 with a view to ensuring full respect for the Convention on the Rights
of the Child. In particular,
the provisions of the Act which allow for, inter
alia, placement of secure training orders on children aged between 12 and 14,
indeterminate
detention, and the doubling of sentences which may be imposed on
15 to 17-year-old children should be reviewed with respect to their
compatibility with the principles and provisions of the
Convention.
37. Within the context of the law reform being considered
with regard to matters relating to the employment of children, the Committee
expresses the hope that the State party will consider reviewing its reservation
with a view to its withdrawal. Similarly, the Committee
expresses the hope that
the Government may consider the possibility of becoming a party to ILO
Convention No. 138.
38. The issues of sexual exploitation and drug abuse
as they affect children.
ANNEX B
Offences against children of 16 years and under - 1994-1996
Offenders cautioned and defendants prosecuted at
magistrates’ courts
and convicted1 at all courts for sexual
offences against children aged
16 years and under, 1994-1996
Figure 8. Offences against children in England and Wales
Number of persons
|
|||||||||
---|---|---|---|---|---|---|---|---|---|
Offences
|
Cautions
|
Prosecutions
|
Convictions1
|
||||||
1994
|
1995
|
1996
|
1994
|
1995
|
1996
|
1994
|
1995
|
1996
|
|
Buggery with a boy under
the age of 16 or with a woman or an animal |
41
|
8
|
5
|
345
|
125
|
16
|
135
|
86
|
5
|
Attempt to commit buggery with a boy under the age of 162
or with a woman or an animal
|
6
|
1
|
1
|
21
|
6
|
3
|
16
|
14
|
2
|
Buggery by a male of a male under 162
|
-
|
2
|
5
|
-
|
48
|
66
|
-
|
29
|
66
|
Buggery by a male aged 21 or over with a male aged 16 or
172
|
-
|
1
|
-
|
-
|
1
|
2
|
-
|
2
|
3
|
Buggery by a male aged 1820 with a male aged 16 or
172
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
Buggery by a male with a female under 162
|
-
|
1
|
1
|
-
|
25
|
26
|
-
|
7
|
17
|
Buggery by a male aged
21 or over with a female aged 16 or 172 |
-
|
-
|
-
|
-
|
2
|
-
|
-
|
2
|
2
|
Buggery by a male aged 1820 with a female aged 16 or
172
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
1
|
-
|
Indecent assault on male person under 16 years
|
176
|
137
|
120
|
449
|
400
|
325
|
324
|
339
|
355
|
Gross indecency by a male aged 21 or over with
male aged under 183 |
-
|
-
|
-
|
-
|
-
|
1
|
-
|
-
|
-
|
|
|
|
|
|
|
|
|
|
|
Figure 8 (continued)
Number of persons
|
|||||||||
Offences
|
Cautions
|
Prosecutions
|
Convictions1
|
||||||
1994
|
1995
|
1996
|
1994
|
1995
|
1996
|
1994
|
1995
|
1996
|
|
Rape of a female aged under 164
|
-
|
5
|
11
|
-
|
336
|
477
|
-
|
113
|
210
|
Rape of a male aged under 164
|
-
|
-
|
-
|
-
|
18
|
20
|
-
|
2
|
13
|
Attempted rape of a female aged under 164
|
-
|
2
|
4
|
-
|
32
|
44
|
-
|
21
|
35
|
Attempted rape of a male aged under 164
|
-
|
-
|
-
|
-
|
-
|
4
|
-
|
2
|
2
|
Indecent assault on a female under 16
|
849
|
670
|
664
|
2 036
|
1 797
|
1 604
|
1 355
|
1 446
|
1 597
|
Unlawful sexual intercourse with girl under 13
|
45
|
41
|
40
|
88
|
77
|
40
|
64
|
81
|
54
|
Unlawful sexual intercourse with girl under 16
|
500
|
400
|
369
|
202
|
165
|
164
|
205
|
203
|
207
|
Incest with a girl under 13
|
11
|
8
|
4
|
41
|
22
|
26
|
35
|
21
|
19
|
Inciting girl under 16 to have incestuous sexual intercourse
|
-
|
-
|
1
|
5
|
3
|
2
|
4
|
5
|
-
|
Householder permitting unlawful sexual intercourse with girl under 16
|
2
|
-
|
-
|
-
|
4
|
4
|
2
|
3
|
-
|
Person responsible for girl under 16 causing or encouraging her
prostitution etc.
|
-
|
1
|
-
|
1
|
-
|
2
|
-
|
3
|
1
|
Male aged 21 or over procuring or attempting to procure a male under 18 of
gross indecency with another male3
|
-
|
-
|
3
|
-
|
1
|
-
|
-
|
2
|
3
|
Figure 8 (continued)
Number of persons
|
|||||||||
Offences
|
Cautions
|
Prosecutions
|
Convictions1
|
||||||
1994
|
1995
|
1996
|
1994
|
1995
|
1996
|
1994
|
1995
|
1996
|
|
Abduction of unmarried girl under 16
|
5
|
2
|
2
|
27
|
11
|
9
|
9
|
6
|
3
|
Gross indecency with boys aged 14 and under
|
49
|
28
|
21
|
87
|
62
|
61
|
77
|
56
|
53
|
Gross indecency with girls aged 14 and under
|
36
|
30
|
33
|
129
|
109
|
97
|
112
|
99
|
109
|
Source: Criminal statistics England and
Wales.
1 Includes persons proceeded against in
earlier years or for other offences.
2 Buggery and
attempted buggery offences under the Sexual Offences Act 1956, Section 12
as amended by the Criminal Justice and Public
Order Act 1994, Section
143.
3 Indecency between males offences under the
Sexual Offences Act 1956, Section 12 as amended by the Criminal Justice and
Public Order
Act 1994, Section 144.
4 Rape and
attempted rape offences under the Sexual Offences Act 1956, Section 12 as
amended by the Criminal Justice and Public Order
Act 1994, Section 142.
ANNEX C
Consultation with children in Scotland
“Our Lives - Children’s Rights in Scotland”
In
recognition of the importance of taking the views of children, The
Children’s Issues Unit of The Scottish Office commissioned
the Our
Lives Project. This was a Scotland wide consultation exercise which
gathered the views of young people in relation to children’s
rights. The
project was carried out by Save the Children Scotland and was jointly funded by
both parties. The Our Lives consultation process reflected the principle
of article 12 - the right of young people to be listened to in matters which
affect them.
Over a three month period Save the Children consulted 43
groups of children and young people (326 in total), between the ages of
12 and
18, from 20 local authorities, representing schools and youth groups from urban
and rural Scotland and a wide spectrum of
interest groups. The groups of young
people were invited to discuss one of five themes: education, family life,
health, protection
from harm and participation; and their views were sought on
how successful the implementation of the United Nations Convention on
the Rights
of the Child has been so far in Scotland. Findings were gathered from audio
recordings of structured and facilitated
discussions and group
exercises.
The consultation process was taken forward with the Our
Lives young people’s conference on 29 January 1999. Representatives
of each group consulted were invited to discuss the main issues
which emerged
from the consultation process and to explore further how their views can be
listened to and acted on when addressing
the issues which are of greatest
concern to young people in Scotland. The Minister for children’s issues
addressed the conference
and took the opportunity, through a question and answer
session, to hear at first hand the views of young people in
Scotland.
Save the Children Scotland produced a summary report of the
“Our Lives” consultation in November 1998. They aim to publish
an
extended report in June 1999 which will present an in-depth and comprehensive
analysis of the views of young people as well as
an evaluation of the whole
process of consulting young people.
Of the 326 young people consulted,
271 completed questionnaires on the United Nations Convention on the Rights of
the Child. Of
those who completed the exercise 66 per cent said that they had
never heard of the UNCRC before the Our Lives Consultation. In his
address to the Our Lives conference, the Minister for Children’s
issues highlighted the lack of awareness of the United Nations Convention among
young
people as a gap in the Government’s implementation of the Convention
and announced that a leaflet for young people would be
produced to tackle this
deficiency.
The leaflet for young people on the United Nations Convention was produced
by the Scottish Child Law Centre and funded by the Children’s
Issues Unit.
It describes in easily understandable terms what the Convention is, what it says
and what that means for young people
in Scotland. The text and design of the
leaflet were prepared, with the target audience having a reading age of about
11-13 years.
The leaflet has been positively received by young people involved
in the production process and has been designed so that it can
also be used as a
poster on a young person’s or classroom wall. To ensure that the leaflet
reached its target audience, sufficient
copies of the leaflet have been made
available to schools throughout Scotland.
ANNEX D
Inequalities in conception rates below age 16
By Health Authority - 20 Highest and 20 Lowest rates HA’s (1994-1996)
20 Highest
|
|
|
|
17.6
|
Lambeth, Southwark and Lewisham
|
15.9
|
Sunderland
|
15.9
|
Sandwell
|
15.4
|
Wolverhampton
|
14.5
|
Manchester
|
14.3
|
Barnsley
|
14.3
|
South Humber
|
13.9
|
Tees
|
13.6
|
Doncaster
|
13.3
|
Walsall
|
12.5
|
County Durham
|
12.2
|
Dudley
|
12.1
|
North Staffordshire
|
11.9
|
Nottingham
|
11.7
|
Newcastle and North Tyneside
|
11.7
|
Wakefield
|
11.7
|
Rotherham
|
11.4
|
West Pennine
|
11.2
|
East London and the City
|
11.0
|
Bury and Rochdale
|
|
|
>
|
|
>
|
|
>
|
|
>
|
|
8.8
|
ENGLAND
|
>
|
|
>
|
|
>
|
20 Lowest
|
>
|
|
|
|
6.5
|
North and East Devon
|
6.5
|
North Yorkshire
|
6.4
|
Sefton
|
6.3
|
Cornwall and Isles of Scilly
|
6.2
|
Suffolk
|
6.1
|
Buckinghamshire
|
Conception rate per 1,000 females aged 13-15 years
|
20 Lowest
|
|
|
6.0
|
Kensington, Chelsea and Westminster
|
5.9
|
Dorset
|
5.9
|
North Essex
|
5.7
|
Oxfordshire
|
5.5
|
West Sussex
|
5.5
|
West Hertfordshire
|
5.2
|
Kingston and Richmond
|
5.2
|
Bromley
|
5.1
|
East and North Hertfordshire
|
4.7
|
North and Mid Hampshire
|
4.7
|
Cambridge and Huntingdon
|
4.4
|
Barnet
|
4.1
|
West Surrey
|
3.5
|
East Surrey
|
Source: ONS.
ANNEX E
Glossary of abbreviations
Explanation
|
|
---|---|
|
|
ABCD
|
Access for Black Children with Disabilities
|
ACE
|
Advisory Centre for Education
|
ACPC
|
Area Child Protection Committee
|
ACPO
|
Association of Chief Police Officers
|
ACTIONAID
|
A British based overseas development charity
|
ADSS
|
Association of Directors of Social Services
|
AHC
|
After housing costs - a statistical measure of poverty
|
AIDS
|
Acquired Immunodeficiency Syndrome
|
ASEM
|
Asia Europe Summit Meeting
|
|
|
BAAF
|
British Association for Adoption and Fostering
|
BBC
|
British Broadcasting Corporation
|
BFI
|
UNICEF’s Baby Friendly Initiative
|
BHC
|
Before housing costs - see AHC
|
BT
|
British Telecom
|
|
|
CAMHS
|
Child and Adolescent Mental Health Services
|
CCS
|
Regional Commissions for Care Standards
|
CCWS
|
Crown Court Witness Service
|
CD
|
Compact Disc
|
CESDI
|
Confidential Enquiry into Stillbirths and Deaths in Infancy
|
CMU
|
Casework Management Unit
|
COMA
|
Committee on Medical Aspects of Food and Nutrition
Policy |
COSLA
|
Convention of Scottish Local Authorities
|
CTC
|
Childcare Tax Credit
|
|
|
DCMS
|
Department for Culture, Media and Sport
|
DETR
|
Department of the Environment, Transport and the Regions
|
DFEE
|
Department for Education and Employment
|
DFID
|
Department for International Development
|
DH
|
Department of Health
|
DHSS
|
Department of Health and Social Services (in Northern
Ireland) |
DPAS
|
Drugs Prevention Advisory Service
|
DRTF
|
Disability Rights Task Force
|
|
|
EC
|
European Community
|
ECCO
|
Extra-Curricular Creative Opportunities
|
ECHR
|
European Convention on Human Rights
|
|
|
|
|
EEC
|
European Economic Community (now the EU)
|
ELR
|
Exceptional leave to remain
|
ENHPS
|
European Network of Health Promoting Schools
|
ESC
|
English Sports Council
|
EU
|
The European Union
|
EYDP
|
Early Years Development plans
|
|
|
FE
|
Further Education
|
FSA
|
Foundation for Sport and the Arts
|
|
|
GCSE
|
General Certificate of Secondary Education
|
GEST
|
Grants for Education, Support and Training
|
|
|
HA
|
Health Authority
|
HC
|
House of Commons
|
HEA
|
The Health Education Agency
|
HEBS
|
Health Education Board for Scotland
|
HIV
|
Human Immunodeficiency Virus
|
HMSO
|
HM Stationery Office (former publisher of
United Kingdom Government documents - now see SO) |
HO
|
Home Office
|
HPW
|
Health Promotion Wales
|
|
|
ICRC
|
International Committee of the Red Cross
|
IS
|
Income Support
|
ISBN
|
International Standard Book Number
|
ISP
|
Internet Service Provider
|
IT
|
Information Technology
|
ITV
|
Independent Television
|
IWF
|
Internet Watch Foundation
|
|
|
JRF
|
Joseph Rowntree Foundation - a charitable trust which
funds academic research |
JSA and JSA (IB)
|
Jobseeker’s Allowance & JSA (income based)
|
|
|
LAC
|
Looking After Children (specialist material published by
DH) |
LCD
|
The Lord Chancellor’s Department
|
LEA
|
Local Education Authority
|
LSA
|
Learning Support Assistant
|
LTI
|
Life threatening and life limiting illness
|
|
|
MAP
|
Management Action Plan
|
MP
|
Member of Parliament
|
|
|
|
|
NCB
|
National Children’s Bureau
|
NCIS
|
National Criminal Intelligence Service
|
NDNS
|
National Diet and Nutrition Survey
|
NESTA
|
National Endowment for Science, Technology and the Arts
|
NGO
|
Non-Government Organization
|
NHS
|
National Health Service
|
NI
|
Northern Ireland
|
NJSP
|
National Junior Sports Programme
|
NLCB
|
National Lotteries Charities Board
|
NMGW
|
National Museums and Galleries of Wales
|
NNBC
|
National Network of Breastfeeding coordinators
|
NPFA
|
National Playing Fields Association
|
NPIC
|
National Play Information Centre
|
NSPCC
|
National Society for the Prevention of Cruelty to Children
|
NVQ
|
National Vocational Qualification
|
NWCAT
|
North Wales Child Abuse Tribunal
|
NWCCET
|
North Wales Child Care Examination Team
|
|
|
OFSTED
|
Office for Standards in Education (the school inspection
authority for England and Wales) |
OHCHR
|
Office of the United Nations High Commissioner for
Refugees |
OSCI
|
Out of School Childcare Initiative
|
|
|
PACE
|
The Police and Criminal Evidence Act
|
PAFT
|
Policy Appraisal and Fair Treatment
|
PE
|
Physical education
|
PEAG
|
Pre-School Education Advisory Group
|
PPG
|
Planning Policy Guidance
|
PSI
|
Promoting Social Inclusion
|
|
|
QCA
|
Qualifications and Curriculum Authority
|
|
|
ROM
|
Read only memory
|
RSAC
|
Recreational Software Advisory Council
|
|
|
SACHR
|
The Standing Advisory Commission for Human Rights
(in NI) |
SCEC
|
Scottish Community Education Council
|
SEN
|
Special educational needs
|
SGCE
|
Steering Group on Child Evidence
|
SIAAA
|
Scottish Initiative on Attendance, Absence and Attainment
|
SID
|
Sudden Infant death (also known as cot death)
|
SO
|
Stationery Office, publisher of United Kingdom
Government documents |
|
|
SOEID
|
Scottish Office Education and Industry Department
|
SOHD
|
Scottish Office Home Department
|
SSC
|
Scottish Sports Council
|
SSD
|
Social services departments (of local authorities)
|
SSI
|
The Social Services Inspectorate (in England)
|
SSIW
|
The Social Services Inspectorate for Wales
|
STC
|
Secure Training Centre
|
STEP
|
Scottish Traveller Education Programme
|
STOP
|
Join Action on Combating Child Sex Exploitation and the
Sexual Trafficking of Persons - the STOP programme |
|
|
TCC
|
The Children’s Channel
|
TEC
|
Training and Education Council
|
TSA
|
Trust for the Study of Adolescence
|
TSN
|
Targeting Social Need
|
|
|
UCM
|
Unaccompanied Children’s Module
|
UK
|
United Kingdom
|
UN
|
United Nations
|
UNCRC
|
United Nations Convention on the Rights of the Child
|
UNECE
|
United Nations Economic commission for Europe
|
UNHCR
|
United Nations High Commissioner for Refugees
|
UNICEF
|
United Nations Children’s Fund
|
USA
|
United State of America
|
|
|
WFTC
|
Working Families Tax Credit
|
WHO
|
World Health Organization
|
WLGA
|
Welsh Local Government Association
|
WO
|
Welsh Office
|
|
|
YPHN
|
Young People’s Health Network
|
------
Notes
1 ISBN 0 11 321715 3, published by
HMSO.
2 Directive 94/33/EC on the protection of young
people (under 18 years) at work, which came into effect on 3 March 1997; and
Directive
93/104/EC concerning certain aspects of the organization of working
time, which came into effect as regards young workers
on 1 October
1998. In the latter case, a young worker is defined
as one who has reached the age of 15 years, is above compulsory school
leaving
age, and is below the age of 18.
[3] The Children (Scotland) Act 1995: c 36 HMSO: ISBN 0 11 805978-5.
[4] The reservation was in respect of article 37 (d) of the United Nations Convention, which ensures that every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance as well as the right to challenge the legality of the deprivation of liberty.
[5] SI 1996/3262
(S.252).
6 Valuing Diversity: Having regard to the
racial, religious, cultural and linguistic needs of Scotland’s
Children, The Stationery Office ISBN 0 1149 5903 X.
[7] c 50: HMSO ISBN 0 10 545091-X.
[8] Scotland’s Children, The Children (Scotland) Act 1995, Regulations and Guidance, The Stationery Office ISBN 0 ISBN 0 7480 5821 4, ISBN 0 7480 5822 2, ISBN 0 7480 5823 and ISBN 0 7480 5845.
[9] Published by the Scottish Office Home Department and Scottish Courts Administration.
[10] Published by the Scottish Office Home Department, October 1998.
[11] The Code of Guidance on Homelessness - The Scottish Office Development Department - September 1997 (updated December 1998).
[12] SI 1997/3049.
[13] SI 1995/755 (NI 2) - ISBN 0-11-052707-0.
[14] SI 1998/1071 (NI 6).
[15] SI 1996/3160 (NI 24).
[16] SI 1998/1504 (NI 9).
[17] SI 1989/1341 (NI 12).
[18] Cm 3684: ISBN 0 10 136842 9.
[19] Cm 3890: ISBN 0 10 138902 7.
[20] Smith, A. and Birthistle, U. (1977) Human Rights Education: A Study of Young People’s Understanding of Human Rights in Northern Ireland, School of Education, University of Ulster, Coleraine.
[21] Bourne, R. et al.
(1977) School-based Understanding of Human Rights in Four Countries:
A Commonwealth Study, Department for International Development, Serial
No. 22,
ISBN 1 86192 095 4.
[22] Building for the
Future Cm 4051 published by The Stationery Office: March
1999
ISBN 0-10-140512-X.
23 Welsh Office
Circular 20/99. The Children First Programme in Wales: Transforming
Children’s Services published by Welsh Office, Children and Families
Division, Cathays Park, Cardiff CF10 3NQ.
24 Welsh
Office Circular 34/93: published by Welsh Office, Children and Families
Division, Cathays Park, Cardiff CF10 3NQ in 1993
and 1994.
25 Welsh Office Circular 11/94: published by Welsh
Office, Children and Families Unit, Social Services Policy Division, Cathays
Park,
Cardiff CF1 3NQ in 1993 and 1994.
26 Analysis
of Children’s Services Plan of Welsh Local Authorities 1997.
Published by Welsh Office Social Services Inspectorate, Cathays Park, Cardiff
CF1 3NQ, November 1997.
27 Developing a Strategy
for Children in Need in Wales - The Local Government Role: Report of the
Advisory Group on Children’s Services, September 1998. Welsh Local
Government Association, 10/11 Raleigh Walk,
Atlantic Wharf, Cardiff CF1 5LN.
ISBN 1 901719 10 3.
28 Report of the Examination
Team on Child Care Procedures and practice in North Wales - Return to an
Address of the Honourable the House of Commons dated 17 June 1996. Published by
HMSO ISBN 0 10 277896 5.
29 People Like Us:
The Report of the review of the safeguards for children living away from home,
by Sir William Utting, Published by the Stationary
Office on behalf of the
Department of Health and the Welsh Office, ISBN 0-11-322101-0.
30 The National Childcare Strategy in Wales -
A Consultation Document Cn 3974 published by the Stationery Office, June
1998 ISBN 0 10139742 9.
31 Children and Decision
Making: a study of children’s participation in decisions about their
care. International Centre for Childhood Studies, University of Wales,
Swansea, Singleton Park, Swansea SA2 8PP February 1998.
[32] Children’s Services Plans: an analysis of Children’s Services Plans 1993/94, by the Social Services Inspectorate of the Department of Health, published by the Department of Health 1995.
[33] Seen but not heard by the Audit Commission, published by HMSO 1994.
[34] Crossing the boundaries: a discussion of children’s services plans by Paul Sutton, published by the National Children’s Bureau 1995.
[35] SI 1996/785.
[36] Partners in planning: Approaches to planning services for children and their families, by the Social Services Inspectorate of the Department of Health. Published by the Department of Health, 1998.
[37] Children’s Services Plans: Analysing need, reallocating resources. Barbara Hearn & Ruth Sinclair. Published by the National Children’s Bureau, 1998.
[38] Speech by Clare Short, Secretary of State for International Development, 30 June 1997.
[39] Eliminating World
Poverty: A Challenge for the 21st Century, White Paper on International
Development. Cm 3789 published by The Stationery Office, November
1997.
[40] Markers apply
to projects and programmes with a commitment value of £100,000 or more and
do not therefore capture smaller projects.
[41] These examples are drawn mainly from the Annual Report on Human Rights, Foreign and Commonwealth Office and Department for International Development, April 1998.
[42] Published by the
Stationery Office, November 1998 ISBN 0-11-341225-8.
43
Curriculum and Assessment in Scotland National Guidelines - Environmental
Studies 5-14, SOED, March 1993.
44 Published by the
Stationery Office, November 1998 ISBN 0-11-341225-8.
[45] Published by the
Department of Health 1995.
46 Welsh Office Circular
35/96 Child Care Procedures and Practice in North Wales - Implementation
of the Report of Ms. Adrianne Jones (NWCCET). Children and Families Unit, Welsh
Office, Cathays Park, Cardiff CF1
3NQ, July 1996.
47
People like us: The Report of the review of the safeguards for children
living away from home, by Sir William Utting, Published by the Stationery
Office
on behalf of the Department of Health and the Welsh Office, ISBN
0-11-3222101-0.
48 The Government’s Response
to the Children’s Safeguards Review: Cm 4105, published by the Stationery
Office, November
1998, ISBN 0-010-141052-2.
49
Welsh Office Circular 52/95 Published by Welsh Office Education Department,
Cathays Park, Cardiff CF1 3NQ, 1995.
[50] Published by The Stationery Office on behalf of The Scottish Office, November 1998.
[51] SI 1998/1504 (NI 9).
[52] c 27 Stationery Office ISBN 0-10-542796-9.
[53] SI 1997/2308.
[54] SI 1991/2094.
[55] In Wales this guidance was issued as Welsh Office Circular 30/98, published by the Children and Families Unit, Social Services Policy Division, Welsh Office, Cathays Park, Cardiff CF1 3NQ, 2 September 1998.
[56] Review of
Procedures for the Determination of Paternity and of the Law on Parental
Responsibility for Unmarried Fathers; Consultation Paper issued by the Lord
Chancellor’s Department: March
1998.
[57] Cm 3992, 6
July 1998, published by the Stationery Office.
[58] Official Journal C221, 16 July 1998.
[59] The Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition and Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children.
[60] “The Specific Health Needs of Children and Young People”; “Health Services for Children and Young People in the Community, Home and School”; “Hospital Services for Children and Young People” and “Child and Adolescent Mental Health Services”.
[61] Government Response to the Reports of the Health Committee on Health Services for Children and Young People, Session 1996-97: “The Specific Health Needs of Children and Young People” (307-1); “Health Services for Children and Young People in the Community, Home and School” (314-1); “Hospital Services for Children and Young People” (128-1); “Child and Adolescent Mental Health Services” (26-1). Cm 3793, Dd 5067751. Published November 1997 by The Stationery Office.
[62] Welfare of Children and Young People in Hospital, Department of Health, ISBN 0 11 321358 1, 1991, HMSO.
[63] Child Health in the Community: A Guide to Good Practice, NHS Executive, H86/009 0703, 1996, Department of Health.
[64] A handbook on Child and Adolescent Mental Health Services, Department of Health Social Services Inspectorate, Department for Education, G61/008 2942, 1995, published by the Department of Health.
[65] At Home in Hospital - A Guide to Care of Children and Young People, The Scottish Office Home and Health Department, 1993 Published by The Stationery Office; and Caring for Sick Children: A Study of Hospital Services in Scotland, Scottish Office Audit Unit 1994.
[66] Our Healthier Nation: A Contract for Health, Cm 3852, Dd 5067877 2/98, 1998, The Stationery Office.
[67] Cm 4269, The Stationery Office, Edinburgh, ISBN 0-10-142692-5.
[68] Published by Her Majesty’s Stationery Office, 1996, ISBN 0-7480-3138-3.
[69] The Scottish Diet, HMSO, 1993, ISBN 0 7480 0797 0.
[70] Health and Wellbeing: Into the Next Millennium; Regional Strategy for Health and Social Wellbeing 1997-2002, published in 1996 by the Department of Health and Social Services for Northern Ireland.
[71] Well into 2000: a Positive Agenda for Health and Wellbeing, published in 1997 by the Department of Health and Social Services for Northern Ireland.
[72] Better Health; Better Wales: A Consultation Paper. Cm 3922. Published by The Stationery Office: ISBN 0 10 139222 2.
[73] DGM (97)06 sent to Chief Executives of: Health Authorities; NHS Trusts; and Local Authorities in Wales, January 1997. Published by Welsh Office Health Department, Cathays Park, Cardiff CF1 3NQ.
[74] COMA: the Committee on Medical Aspects of Food and Nutrition Policy.
[75] This site is at www.show.scot.nhs.uk/bf/.
[76] CM 4269, The Stationery Office, Edinburgh, ISBN 0-10-142692-5.
[77] A handbook on Child and Adolescent Mental Health Services, Department of Health Social Services Inspectorate, Department of Education, G61/008 2942, 1995, published by the Department of Health.
[78] The Framework for Mental Health Services, The Scottish Office, September 1997, Published by the Stationery Office, J13702/97.
[79] The New NHS, Cm 3807, Dd 5067946 2/98, 1998, The Stationery Office.
[80] Designed to Care - Renewing the National Health Service in Scotland, Cm 3811, Edinburgh: The Stationery Office, ISBN 0-10-138112-3.
[81] Paras. 187-190, Health Committee 4th report on Child and adolescent mental health services, vol. II: minutes of evidence and appendices, 1997.
[82] Cm 4269, The Stationery Office, Edinburgh, ISBN 0-10-142692-5.
[83] Cm 3950: ISBN 0-10-139502-7, published by The Stationery Office.
[84] Our Healthier Nation: A Contract for Health, Cm 3852, Dd 5067877 2/98, 1998, The Stationery Office.
[85] Cm 3950: ISBN 0-10 139502-7, published by The Stationery Office.
[86] Beresford, B. (1995) Expert Opinions: A National Survey of Parents Caring for a Severely Disabled Child, published by the Joseph Rowntree Foundation.
[87] Paying to Care - the cost of childhood disability by Barbara Dobson and Sue Middleton, published by JRF, July 1998, ISBN No. 18999 87754.
[88] By Dr. Jenny Morris, published by Barnardos, September 1998.
[89] Meeting the Childcare Challenge. A framework and consultation document, May 1998. Cm 3959. Published by The Stationery Office. ISBN 0-10-139592-2.
[90] Early Years
Development and Childcare Partnership: Planning Guidance 1999-2000.
Ref: EYDCPG Produced by the Department for Education and Employment.
ISBN 0 85522 880 6.
[91] Report of the Working Party on Accommodation for Travellers, issued by the Department of the Environment for Northern Ireland.
[92] Cm 3681: ISBN 0-10-136812-7.
[93] The review of the national curriculum in England, The Secretary of State’s proposals. Ref: QCA/99/405.
[94] Education for citizenship and the teaching of democracy in schools. Final report of the Advisory Group on Citizenship 22 September 1998. Ref: QCA/98/245.
[95] Close to the Mark, ISBN 1-85098-56-7, published July 1997, Scottish Initiative on Attendance, Absence and Attainment, University of Strathclyde.
[96] Published by the Scottish Office Education and Industry Department, March 1999.
[97] Cm 3681: ISBN 0-10-136812-7.
[98] Exclusions from
School and Alternatives Series, all published by Moray House Institute of
Education.
Education Authority Policy and Procedures: ISBN
189979509X, 1997.
Alternative Education Provision for Excluded pupils - A Literature Review: ISBN 1899795103, 1997.
The Headteachers’ Perspective: ISBN 1899795111, 1997.
Case Studies of School Practice: ISBN 189979512X, 1997.
[99] Cm 3681: ISBN 0-10-136812-7, published by The Stationery Office.
[100] Building Excellent Schools Together CM 3701. Published by The Stationery Office for the Welsh Office. ISBN 0 10 137012 1.
[101] Let’s
Stop Bullying: Advice for Young People, Dd 8403820 10/97, 1994, The
Stationery Office.
[102]
Let’s Stop Bullying: Advice for Parents and Families, Dd 8433579
8/95, 1995, The Stationery Office.
[103] Close to Mark, ISBN 1 85098 56 7 7, 1997, Scottish Initiative on Attendance, Absence and Attainment, University of Strathclyde.
[104] Russell P. (1998). Having a Say! - Disabled Children and Effective Partnerships in DecisionMaking, published by the Council for Disabled Children.
[105] Working Together to Safeguard Children: New Proposals for Inter-Agency Cooperation published by the Children’s Services Branch of the Department of Health, February, 1998.
[106] Meeting Special Educational Needs: a programme for action, ISBN 0 85522 906; published 1997 by DfEE.
[107] The Code of Practice on the Identification and Assessment of Special Educational Needs (SEN), ISBN 0 85522 444 4; published 1994 by HMSO for the Department for Education.
[108] Meeting Special Educational Needs: a programme for action, ISBN 0 85522 906; published by DfEE.
[109] Cm 3792. Published by The Stationery Office. ISBN 0 10 137922 6.
[110] Welsh Office Circular 19/98 LEA Behaviour Support Plans. Published by the Welsh Office Education Department, Cathays Park, Cardiff CF1 3NQ, June 1998.
[111] Circular 4/96, Children and Young Persons with Special Educational Needs [Assessment and Recording], Edinburgh, The Scottish Office, 1996.
[112] Special Educational Needs in Scotland: A Discussion Paper, Edinburgh, The Scottish Office, 1998.
[113] Building Excellent Schools Together: Cm 3701. Published by The Stationery Office for the Welsh Office, ISBN 0 10 137012 1.
[114] Published by DCMS
May 1998, ISBN DCMSJO298NJ. May 1998.
115 By David
Anderson, published by the Department for National Heritage, reference
No. DNHJ017BNJ.
116 Children as an audience of
Museums and Galleries, by Harris Qualitative, on behalf of the Arts Council
and the Museum and Galleries Commission. Published by Harris Qualitative on
17 July 1977.
117 Cm 2846: ISBN 0 10 128462 4, published by
HMSO.
[118] Cm 3495; ISBN 0 10 139452 7, published by The Stationery Office.
[119] A list of publications produced by the DPI and DPAS is available from DPAS HQ, Home Office, Horseferry House, Dean Ryle Street, London SW1P 2AW. Or visit the DPA S web site at http//www.homeoffice.gov.uk/dpas/dpas.htm.
[120] ISBN 0 10 544997 0 published by The Stationery Office.
[121] ISBN 0 10 542685 7 published by The Stationery Office.
[122] ISBN 0 10 543397 7 published by The Stationery Office.
[123] Forward Together: A Strategy to combat Drug and Alcohol Misuse in Wales. Published 1996 by Welsh Office, Cathays Park, Cardiff CF1 3NQ.
[124] Statement of Changes in Immigration Rules ISBN 0-10-239594-2, 23 May 1994, HMSO.
[125] Cm 4018: ISBN 0-10-140182-5, published by The Stationery Office.
[126] June 1998: ISBN 0 902498 74 6, ISBN 0 902498 51 7, ISBN 0 902498 73 8, ISBN 0 902498 71 1, ISBN 0 902498 72 X, ISBN 0 902498 50 9, ISBN 0 902498 49 5 published by NSPCC and Childline.
[127] Report of the Working Group on Vulnerable or Intimidated Witnesses, London, The Home Office, June 1998.
[128] ISBN 0-11-341040-9, London, HMSO 1992.
[129] Scottish Office Police Division File Number JMCO5510.
[130] CM 3809 November 1997: The Stationery Office ISBN 0-10-138092-5.
[131] Warner:
Choosing with care - the report of the Committee of Inquiry into the
selection, development and management of staff in Children’s Homes. ISBN
0-11-321559-2, published 1992 by HMSO.
Utting: People like
us: The Report of the review of the safeguards for children living away
from home, by Sir William Utting. Published by The Stationery
Office on behalf
of the Department of Health and the Welsh Office. ISBN
0-11-322101-0.
132 SI
1995/1398.
133 SI 1998/1504 (NI
9).
134 SI 1996/3160 (NI
24).
135 In Scotland, similar offences are to be found
in the Criminal Law (Consolidation) (Scotland) Act
1995.
136 Placed in the libraries of both Houses of
Parliament January 1999. Internet reference
www.homeoffice.gov.uk\cpd\sou\sou.htm.
137 ISBN
1-84082-217-1.
[138] Published by The Stationery Office, December 1997: ISBN 0 11 495869 6.
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