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United Kingdom of Great Britain and Northern Ireland - Consideration of reports submitted by States parties under Article 44 of the Convention: Third and fourth periodic reports of States parties due in 2007 [2008] UNCRCSPR 6; CRC/C/GBR/4 (25 February 2008)
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Convention on theRights of the
Child
|
Distr.
GENERAL CRC/C/GBR/4
25 February 2008
Original: ENGLISH
|
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Third and fourth periodic reports of States parties due in
2007
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND[* ][**]
[16 July 2007]
CONTENTS
Paragraphs Page
Introduction 1 13 4
CHAPTER I: GENERAL MEASURES OF IMPLEMENTATION 14 80 6
CHAPTER II: DEFINITION OF THE CHILD 81 87 27
CHAPTER III: GENERAL PRINCIPLES 88 174 28
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS 175 210 45
CHAPTER V: FAMILY ENVIRONMENT AND
ALTERNATIVE CARE 211 329 52
CHAPTER VI: BASIC HEALTH AND WELFARE 330 457 74
CHAPTER VII: EDUCATION, LEISURE AND
CULTURAL ACTIVITIES 458
600 99
CHAPTER VIII: SPECIAL PROTECTION MEASURES 601 770 128
UNITED KINGDOM OVERSEAS TERRITORIES AND
CROWN
DEPENDENCIES
SUMMARY REPORTS
Page
Introduction 164
Anguilla 165
Bermuda 172
British Virgin Islands 183
Cayman Islands 189
Falkland Islands 201
Montserrat 212
Pitcairn Islands 218
St Helena and its dependencies 223
St Helena 223
Ascension Island 229
Tristan Da Cunha 235
Turks and Caicos Islands 238
Isle of Man 247
Introduction
- The
United Kingdom (UK) comprises England, Wales, Scotland and Northern Ireland.
References in this report to the UK Government refer
to matters that are common
across the four nations that make up the UK or, where specified, to England or
to England and Wales. Scotland
and Northern Ireland have separate legal systems
from that in England and Wales, but similar statute and common law principles
are
applied throughout the United Kingdom. The UK also has 14 Overseas
Territories and Crown Dependencies spread across the globe, over
which it has
sovereignty but which are not formally considered part of the United
Kingdom.
- The
United Kingdom’s commitment to implementing the Convention remains
unwavering. Since the last report, our commitment to
delivery has been reflected
by an increased policy focus on children and young people, set in the context of
our recognition of our
diversity, with genuine devolution within the UK and its
overseas territories offering flexibility for different locations to respond
to
the particular needs of their children and young people, whilst keeping
steadfast to the principles of the Convention.
- When
the second UK periodic report to the Committee was submitted in 1999, devolved
government in Wales, Scotland and Northern Ireland
was still in its infancy.
Now, eight years later, the devolved administrations have made their own
significant contributions to the
realisation of children’s rights in their
respective territories. The people of Scotland, Wales and Northern Ireland now
have
their own democratically elected legislatures, the Scottish Parliament, the
National Assembly for Wales and the Northern Ireland
Assembly respectively, but
still maintain the close links that have existed for centuries within the United
Kingdom. The Westminster
Parliament continues to legislate on matters which
affect the whole of the United Kingdom, such as foreign affairs, defence
and macroeconomic
policy.
- Northern
Ireland’s devolved administration was suspended on 14 October 2002. From
that date, the Secretary of State for Northern
Ireland, assisted by his team of
Northern Ireland Office Ministers, assumed responsibility for the operation of
government departments
in Northern Ireland. Devolution was restored to Northern
Ireland on 8 May 2007. In particular, the success of the peace process in
Northern Ireland and the reestablishment of a devolved government has led to
much better prospects for Northern Ireland’s children.
However it should
be noted that the matters relating to juvenile justice, policing, immigration
and asylum are not within the competence
of the Northern Ireland devolved
administration and instead are the responsibility of the Westminster Parliament.
Consequently, legislation
and action in these areas has not been determined by
the devolved administration.
Report structure
- This
report closely follows the form and structure specified by the Committee’s
guidelines (CRC/C/58/Rev.1, Nov. 2005). The
report overall has three distinct
parts; the first part focuses on the United Kingdom’s progress in
implementing the Convention
on the Rights of the Child; followed in the second
part by summaries of the progress made by each Overseas Territory.
- Lastly,
the third part consists of annexes containing statistical and resources data;
copies of relevant legislation since the last
report; additional information
about the views of children and young people and the full reports from the
UK’s devolved administrations
and Overseas Territories.
- The
UN Committee’s guidelines specify that this report should address the
Committee’s concluding observations to the previous
report and oral
examination, and detail the progress in the implementation and monitoring the
implementation of the Convention, together
with statistics on resources and
detailed disaggregated data. The UN Committee also specified that the main
report should be a UK
wide response. In addition, the Government is required to
report on factors and difficulties in implementing the convention and targets
for the future.
- The
Committee is asked to note that it has not been possible to include information
about future targets in the “factors and
difficulties” sections of
the report. This is because the very recently formed executives in Wales,
Northern Ireland and Scotland
are not currently (July 2007) in a position to set
out information about future priorities and targets. Relevant information about
these will be provided at a later stage. Though it would have been possible to
include targets in relation to England, it seems preferable
that all parts of
the report, including that portion that is focused on the future, should be
UKwide.
Report preparation
- From
the beginning of the process of preparation of this report, the UK Government
has worked to demonstrate its commitment to an
open and frank dialogue with
children and young people and with nongovernmental organisations (NGOs). The
process began with a launch
conference at which the Minister for Children, Young
People and Families (for England) outlined the Government’s commitment
to
the Convention and its importance in the lives of children in the UK. The
conference was attended by young representatives from
youth led bodies, by NGOs
and by Government officials.
- The
Department for Children, Schools and Families (DCSF) in England then
commissioned a consortium of NGOs to gather the views of
children and young
people on the implementation of the Convention, as well as to undertake a formal
consultation with NGOs to seek
their views to input into the report. This work
also included an online survey, the convening of focus groups and an analysis of
over 50 consultations carried out since 2002. The full report can be found at
annex 2.
- Each
of the contributions to the UK report from the devolved administrations was also
informed by discussion and consultation with
key partners. For example, in
Scotland an initial stakeholder conference was followed by consultation with
children and young people
and an opportunity to comment on a draft Scottish
contribution including an “unplugged” version for children and
young
people. In Northern Ireland, two events were held with representatives
from the NGO sector, along with a series of meetings held
with children and
young people, who received a young people’s version of the report. In
Wales, comments were invited from the
UNCRC Monitoring Group, which comprises
NGOs and academics concerned with children and young people’s rights, and
from the
Children and Youth Assembly (Funky Dragon).
- An
additional UKwide consultation event took place in May 2007, the purpose of
which was to gather the views and comments of key NGOs
from across the UK,
acting as ‘critical friends’, about the draft UK report. This was
followed by a four week consultation
period for the NGOs to submit written
comments on the draft report, also including the views of children and young
people.
- On
Thursday 28 June 2007, the Prime Minister announced a number of changes to the
Machinery of Government in England. This created,
for the first time, a
Department for Children, Schools and Families (DCSF) and a Secretary of State
for Children, Schools and Families
with lead responsibility for all key policies
which affect children 019 in England. At the same time a Department for
Innovation
Universities and Skills (DIUS) was created to be responsible for
adult learning, further and higher education, skills, science and
innovation.
The new DCSF will be able to strengthen its focus on the needs of children and
their families in a holistic and integrated
way, ensuring that every child gets
the best possible start in life and receives the ongoing support and protection
that they need
to allow them to fulfill their potential.
- With
the creation of the DCSF, the Department for Education and Skills (DfES) ceased
to exist. The policies and activities outlined
in this report have been
discussed in terms of the newly created Departments the DCSF and
DIUS. These Departments will now take
the lead ensuring the
implementation of policies initiated by the former DfES.
CHAPTER I. GENERAL MEASURES OF IMPLEMENTATION
(arts. 4, 42
and 44, para. 6 of the Convention)
- This
chapter sets out the principal changes across the UK since its last report in
1999. It addresses the concluding observations
of the Committee and explains the
approaches taken in different parts of the UK, unified by shared principles
drawn from the Convention,
and a commitment to making children a key
priority.
A. Concluding observations - followup
Reservations and declarations
CRC/C/15/Add.188:
para. 7:
The Committee, in line with its previous recommendation (CRC/C/15/Add.34,
paras. 22 and 29), and in light of the Vienna Declaration
and Programme of
Action, recommends that the State party take all necessary measures to end the
detention of children in the same
facilities as adults and to withdraw its
reservation to article 37 (c). The Committee also recommends that the State
party reconsider
its reservation to article 22 with a view to withdrawing
it, given the State party’s observation that this reservation is formally
unnecessary because the State party’s law is in accordance with article 22
of the Convention.
|
Children in adult prisons (art. 37 (c))
- It
is the UK Government’s view that custodial establishments in England and
Wales now meet the requirements of Article 37(c),
and are no longer reliant on
the UK’s reservation against this article. Since 1999, a discrete secure
estate for boys under
18 (in April 2000) has been established and all 15 and 16
year old girls have been removed from Prison Service accommodation. (This
was
achieved by 31 December 2003.) Between 2004 and 2006, five new special units for
17 year old girls were built and brought into
operation. The units are located
within the Prison Service estate but there is complete separation from older
offenders. Separate
mother and baby facilities for young mothers and pregnant
girls under 18 have also been provided.
- It
is the policy of the Scottish Executive to keep children out of detention
wherever possible. Where this cannot be avoided because
the level of risk posed
by the child, either to themselves or others, under 16s will ordinarily be held
in local authority secure
accommodation. In occasional circumstances, where all
other options have been exhausted it is however sometimes necessary to place
under 16s within the prison estate.
- However,
in Northern Ireland only in very exceptional circumstances are children ever
accommodated with adults. Special provision
has been made (as recommended by the
Criminal Justice Review) for males under 18 years old to be kept apart from
older young people,
Courts are now able to send vulnerable 17 year olds to a
centre where younger children are accommodated. Following a review of these
arrangements further changes to legislation are being considered to provide
additional legal safeguards to ensure that the most vulnerable
young people are
accommodated appropriately. There is, however, no provision for separating 17
year old girls from adult female prisoners
at present. As the number of those
under 18 is very rarely more than one or, at most, two, separation would entail
isolation. For
these reasons the UK Government would like to retain its
reservation to article 37(c), but on the basis that the position is kept
under
review.
Article 22
- The
UK provides for children, who arrive in the UK and remain here lawfully, through
processes that are intended to be consistent
with the Convention. The care
and welfare arrangements for those children who are present in the United
Kingdom in breach of UK Immigration
Rules are also considered to be consistent
with the Convention. The interests and rights of asylum seeking children
and young people
are fully respected. The key human rights of children are
protected under the Human Rights Act 1998, which applies, without exception,
to
all children in the UK. Children are also protected under the 1951 UN Convention
on Refugees and the European Convention on Human
Rights.
- The
UK Government’s view is that effective immigration control could be
compromised were it to withdraw or narrow the extent
of the general Reservation
with regard to matters of immigration or nationality. The partial reservations
entered by other states
demonstrate that the United Kingdom is not alone in this
belief. Other European States have restricted, in various ways, the effect
of
the Convention on their immigration and/or nationality legislation. However, the
Reservation on Article 22 needs to be considered
within the context of the law
and practices of the United Kingdom. Removal of the Reservation would allow
others an additional opportunity
to intervene in immigration processes. There is
a risk that this would, on occasions, be used to frustrate effective immigration
control. We do not believe that the effect of the Reservation extends beyond
matters of immigration and nationality, by reason of
the various children acts
and orders, the effects of which apply equally to all children within the
United Kingdom’s boundaries,
regardless of their immigration status
or citizenship.
- The
UK Government has now (June 2007) announced its intention to legislate to place
a specific statutory child safeguarding duty on
the Border and Immigration
Agency (BIA).
- The
UNCRC was not intended to provide new immigration and nationality rights, and
the UK Government believes that its reservation
to the Convention is necessary
in the interest of effective immigration control. However the UK Government
believes that, notwithstanding
the Reservation, there are appropriate social and
legal mechanisms in place to ensure that all children present in the UK receive
appropriate levels of protection and care.
Legislation
CRC/C/15/Add.188: para.
9:
The Committee encourages the State party to incorporate into domestic
law the rights, principles and provisions of the Convention
in order to ensure
that all legislation complies with the Convention and that the provisions and
principles of the Convention are
widely applied in legal and administrative
proceedings. The State party is also encouraged to provide training in the
provisions
of the Convention and to disseminate the Convention more
widely.
|
- The
UK and the devolved administrations have put in place a substantial body of
legislation since 2002 which has served further to
enshrine in law the wellbeing
of children. This legislation encompasses the principles of the Convention and
creates an effective
national framework to support positive outcomes for
children. For England and Wales, the most important of these is the Children
Act
2004, which provides the legal framework for the Every Child Matters
reforms in England and for implementing the Rights to Action agenda in
Wales. The Act provides for:
- The
establishment of a Children’s Commissioner for England, as an independent
champion for the views and interests of children
and young people, taking
account of the UNCRC;
- A duty on local
authorities in England and Wales to make arrangements to promote cooperation
between agencies to promote children’s
wellbeing;
- A duty on the
key agencies who work with children to put in place arrangements to make sure
that they take account of the need to
safeguard and promote the welfare of
children;
- New roles of the
Director of Children’s Services (in England) and Lead Director for
Children and Young People (in Wales) and
Lead Member (in England and Wales) for
Children in local authorities;
- The
establishment of a new single Children and Young People’s Plan for each
local authority in England to set out how the authority
and partners will
promote the wellbeing of local children;
- Establishing
ContactPoint - an online directory for England containing basic information
about children and young people, contact
details for their parents/carers and
practitioners providing services to them which will help practitioners deliver
more coordinated
support;
- Setting up
statutory Local Safeguarding Children Boards in England and Wales to ensure key
agencies work jointly to protect children;
- An integrated
inspection framework, and regular Joint Area Reviews to be carried out by
independent inspectorates, to look at how
children’s services as a whole
operate across each English local authority;
- A duty (section
53 of the Children Act 2004) on local authorities that, when working with
children in need, their wishes and feelings
need to be ascertained and used to
inform decision making;
- A duty on the
local authority in its role as the corporate parent to promote the educational
achievement of children in care.
- In
addition to the Children Act 2004, other new UK legislation since 2002 which
impacts on children is listed in the table below against
the relevant articles
of the Convention. Of particular key significance is the Childcare Act 2006,
which became the first UK legislation
to be devoted to early years and
childcare. It places a range of duties on local authorities in England, in
particular to improve
the wellbeing of all young children in their area and to
reduce inequalities between those achieving the poorest outcomes and the
rest.
This means that, when improving the outcomes for all children, local authorities
are required to improve the outcomes of the
most disadvantaged at a faster
rate.
Aspects of the Convention
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New UK Legislation
|
General measures of implementation[articles 4, 42 and 44, para. 6]
|
- Commissioner for
Children and Young People (Scotland) Act 2003
- The Commissioner
for Children and Young People (Northern Ireland) Order 2003
|
General principles
[articles 2, 3, 6 and 12]
|
- Race Relations
Order (Amendment) Regulations (Northern Ireland) 2003
- The Employment
Equality (Sexual Orientation) Regulations (Northern Ireland) (2003)
- The Criminal
Justice (No. 2) (Northern Ireland) Order (2004)
- Advocacy
Services and Representations (Children) (Wales) Regulations 2004
- Representations
Procedure (Children) (Wales) Regulations 2005
- Disability
Discrimination Act 2005
- Equality Act
2006
- Work and
Families Act 2006
- Employment
Equality (Age) Regulations 2006
- Employment
Equality (Age) Regulations (Northern Ireland) (2006) (S.R. No. 261)
- The Disability
Discrimination (Northern Ireland) Order 2006
- Justice and
Security (Northern Ireland) Act 2007
- Justice and
Security (Northern Ireland) Act 2007
|
Civil rights and freedoms [articles 7, 8, 1317 and 37(a)]
|
- Education and
Libraries (Northern Ireland) Order (2003)
- Gender
Recognition Act 2004
- The British
Overseas Territories Act 2002
- The Nationality,
Immigration and Asylum Act 2002
- Civil
Partnership Act 2004
- Article 2 of the
Law Reform (Miscellaneous Provisions) (Northern Ireland) Order
(2006)
|
Family environment and alternative care [articles 5, 911, 18,
paras. 1 and 2; 1921, 25, 27, para. 4 and 39]
|
- Adoption and
Children Act 2002
- AntiSocial
Behaviour Act 2003
- The Protection
of Children and Vulnerable Adults (Northern Ireland) Order (2003)
- Support and
Assistance of Young People Leaving Care (Scotland) Regulations 2003
- Domestic
Violence, Crime and Victims Act 2004
- The Children
(Leaving Care) Regulations (Northern Ireland) 2005
- The
Children’s Homes Regulations (Northern Ireland) (2005)
- Childcare Act
2006
- Children and
Adoption Act 2006
- Work and
Families Act 2006
- Family Law
(Scotland) Act 2006
- Adoption and
Children (Scotland) Act 2007
|
|
|
|
|
Basic health and welfare [articles 6,18, para. 3, 23, 24, 26, and 27,
paras. 13]
|
- The Community
Care and Health (Scotland) Act 2002
- Mental Health
(Care and Treatment) (Scotland) Act 2003
- Housing
(Northern Ireland) Order 2003
- Child Trust
Funds Act 2004
- Breastfeeding
Etc. (Scotland) Act 2005
- Child Benefit
Act 2005
- Smoking, Health
and Social Care (Scotland) Act 2005
- Health Act
2006
|
Education, leisure and cultural activities [articles 28, 29
and 31]
|
- Education Act
2002
- Education
(Disability Strategies and Pupils’ Educational Records) (Scotland) Act
2002
- Education (Pupil
Exclusion and Appeals) (Wales) (Miscellaneous Amendments) Regulations 2004
- Education
(Additional Support for Learning) (Scotland) Act 2004
- School Councils
(Wales) Regulations 2005
- Gaelic Language
(Scotland) Act 2005
- Education Act
2005
- Special
Educational Needs and Disability (Northern Ireland) Order 2005
- Childcare Act
2006
- Education and
Inspections Act 2006
- Scottish Schools
(Parental Involvement) Act 2006
- The Education
(Northern Ireland) Order 2006
|
Special protection measures [articles 22, 30, 3236, 37 (b)(d), 38, 39
and 40]
|
- Justice
(Northern Ireland) Act 2002
- Female Genital
Mutilation Act 2003
- Protection of
Children (Scotland) Act 2003
- Asylum and
Immigration (Treatment of Claimants, etc.) Act 2004
- Sexual Offences
Act 2003
- Vulnerable
Witnesses (Scotland) Act 2004
- Control of Lead
at Work Regulations (Northern Ireland) (2003)
- Working Time
(Amendment) Regulations (Northern Ireland) (2003)
- Antisocial
Behaviour (Northern Ireland) Order (2004)
- Antisocial
behaviour etc ( Scotland) Act 2004
- Prohibition of
Female Genital Mutilation (Scotland) Act 2005
- Protection of
Children and Prevention of Sexual Offences (Scotland) Act 2005
- Safeguarding
Vulnerable Groups Act 2006
- Safeguarding
Vulnerable Groups (Northern Ireland) Order 2007
- The Employment
of Children (Amendment) Regulations (Northern Ireland) 2006
- The Agriculture
(Safety of Children and Young Persons) Regulations (Northern Ireland)
(2006)
|
Resources
CRC/C/15/Add.188: para.
11:
The Committee recommends that the State party undertake an analysis of
all sectoral and total budgets across the State party and in
the devolved
administrations in order to show the proportion spent on children, identify
priorities and allocate resources to the
“maximum extent of ... available
resources”. The Committee also recommends that the State party apply this
principle
in the activities of the Department for International
Development.
|
- The
UK’s investment in children is substantial and wide ranging. However, it
is not possible to provide an accurate single UK
figure, or an assessment of the
percentage of GDP spent on children. This is because of a combination of factors
such as devolved
administration, differing policy priorities and a variety of
ways in which budgets are allocated. However, in Wales a Children’s
Budget
has been published on the Assembly Government’s website.
- There
are also two other contributory factors; firstly, the UK Government has a policy
of devolution of resources to the front line,
where they are applied in ways
that are responsive to local need, based on the local setting of priorities
which determine how they
are allocated. Further, data collections are largely a
matter for each devolved administration, based in large part on the specific
legal framework operating in each country of the UK. In addition, local
Government and other locallybased statutory delivery bodies
are understandably
resistant to the central imposition of burdensome reporting requirements,
including those that could be used to
disaggregate expenditure at the local
level. For instance, children’s health is supported by extremely
substantial investment
in the National Health Service (NHS). The universal
nature of this service, which responds to local needs and is delivered through
the many hundreds of local commissioning and delivery organisations (in
particular Primary Care Trusts and hospital trusts),means
that it is not
possible to say how much of the funding of the NHS is spent on children.
- As
a result, no information has been provided on resource allocations in the other
chapters of this report, apart from education,
in which area information about
expenditure on children is available. However, it is possible to offer an
overview of some of the
main sources of funding on services for children in the
UK:
- Education
funding: resources to local authorities and schools to provide education and
other related provision. In England, this funding
is routed through the
Department for Children, Schools and Families and then local authorities.
Expenditure on education for under
18s has risen from around £33 billion in
200001 to over £50 billion in 200506, representing an increase from 3.4% of
GDP
to 4.1%;[1]
- Health funding:
resources in England are allocated to Strategic Health Authorities (SHAs). These
resources are then devolved to Primary
Care Trusts (PCTs) and hospital trusts,
and are for use across all age groups according to local need and priorities. In
England
there has been record investment in the NHS rising from £33
billion in 199697 to £92.2 billion in 200708;
- Resources for
child benefit. Expenditure on child benefit rose from £8.6 billion in
200001 to £9.6 billion in 200405;
- Expenditure on
children’s services in England (excluding education) has doubled between
1997 and 2006 from £3.35 billion
to £7.46 billion. This was an
average annual increase of 8% in real terms of which £1.64 billion (over
the same period)
was for new investment in early years.
- There
is also significant expenditure in other areas, such as the Working Tax Credit
and Child Tax Credit, proportions of which are
spent on children but which
expenditure cannot be disaggregated. In addition to these examples of large
scale expenditure, there
is significant investment in specific policies by the
UK Government and devolved administrations, which is described throughout this
report in relation to particular areas of work.
- In
Wales, the Welsh Assembly Government has undertaken an exercise to identify
Assembly Government and Assembly Governmentfunded spending
on children’s
services and initiatives. The results were published alongside the Rights in
Action report in March 2007. These
showed that, overall, of the Assembly
Government and Local Authorities’ budgets for 200506, around 30 per
cent was used to
the benefit of children.
- In
Northern Ireland, the Commissioner for Children and Young People, jointly funded
by the Office of the First Minister and Deputy
First Minister and the Department
of Finance and Personnel, recently undertook research on the comparative levels
of public expenditure
on children in Northern Ireland relative to counterparts
in the rest of the UK. The report was launched by the Commissioner for Children
and Young People on 3 July 2007.
- In
Scotland, it is difficult to provide full and robust aggregate figures for
expenditure on children by central and local government,
the National Health
Service, police and other statutory bodies. However, the Executive does publish
documents which set out budget
plans at several levels. For example, allocations
to local authorities to support education and other services for children have
risen from £3,381m in 200203 to £4,428m in 200708 budget plans. These
resources support a wide range of services including
the provision of school
education, school building and refurbishment, social care, preschool education,
nursery and childcare, services
for looked after and vulnerable children, youth
work, youth justice and the costs of inspectorates which ensure the quality of
these
services.
Provision of international assistance and aid
- The
Department for International Development (DFID) has made specific policy
commitments since 1997 to focus its policy work and programme
spending on
helping children. DFID has sought to address the plight of children at a range
of levels in the countries that it works
with, from seeking to improve the
conditions that threaten children in those countries to providing additional
resources for delivering
better health and education. DFID also runs programme
spending in areas specifically designed to help children including basic
services
such as health, education, water and sanitation.
- It
is difficult to identify the specific expenditure by DFID on children, because
of its integration into wider spending and because
of the nature of the social
and economic reform programmes of partner governments. However, notable resource
allocations have been
provided to a number of sectors that benefit children in
partner countries. For instance:
- In April 2006,
the UK announced that it will spend at least £8.5 billion in support of
education in developing countries over
the next 10 years. By 2010, UK support to
education will be at £1 billion a year;
- In September
2005, the UK Government and other donors launched the International Finance
Facility for Immunisation (IFFIm), which
could save the lives of five million
children by 2015 through raising funds for immunisation programmes. The UK has
now committed
US$2.6 billion (£1.3 billion) to IFFIm;
- In 2006, DFID
committed £252 million over five years to the Government of India’s
Reproductive and Child Health programme.
One in four of all deaths to children
aged under five occur in India, with 1.2 million infants dying each year within
a month of
their birth;
- DFID has spent
over £2 billion since 1997 to help support the health sector in developing
countries, with benefit to children;
and
- DFID has
committed some £8.9m in total to the ILO’s International Programme
for the Elimination of Child Labour (IPEC)
for work in the Greater Mekong
region (parts of Cambodia, China, Laos, Thailand and Vietnam).
- The
Scottish Executive developed a policy on international development in 2005. To
date the Executive has made available an international
development fund (IDF) of
£3 million per year to sustain this policy. The IDF funds a number of
projects run by NGOs, some of
which are aimed at supporting children and
protecting their rights; for example, to work with children with HIV/AIDS; to
reduce infant
and maternal mortality; and to ensure children have the right to
education.
- Wales
for Africa: A Framework for Welsh Assembly Government Action on International
Sustainable Development was launched in September 2006. It outlines the way
in which the Welsh Assembly Government will make a distinctive contribution to
delivery of the UN Millennium Development Goals. The Framework focuses on those
countries in Africa where Wales has existing links,
including Lesotho, which has
been twinned with Wales since 1986. Through the Lesotho Teacher Placement
Programme, 24 teachers from
Wales will undertake six month placements in schools
in Lesotho during the period 200508.
Coordination
CRC/C/15/Add.188, para.
13:
The Committee, in line with its previous recommendation (ibid.,
para. 23), recommends that the State party assign coordination of the
implementation of the Convention throughout the State party,
including to the
devolved administrations, to a highly visible and easily identifiable permanent
body with an adequate mandate and
sufficient resources.
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- Devolved
government arrangements across the UK and the differing local needs make it
inappropriate to have a single body to coordinate
implementation of the
Convention. Wales and Scotland have individual Ministers with specific
responsibility for children and young
people. In Northern Ireland, the Junior
Ministers in the Office of the First Minister and Deputy First Minister fulfil a
coordinating
role in respect to crosscutting policy issues relating to children
and young people. While each devolved administration has its own
arrangements,
specific policy responsibilities may fall to separate Departments. Within this
arrangement, however, coordinating arrangements
do exist, through the process of
Cabinet Government. In England, for example, the Minister for Children, Young
People and Families
within the Department for Children, Schools and Families
(DCSF) has, since June 2003, exercised responsibility for championing
children’s
interests in other government departments as well as for
overall coordination of the UK’s report.
Plan of action
CRC/C/15/Add.188, para.
15:
The Committee encourages the State party to expedite the adoption and
implementation of a comprehensive plan of action for the implementation
of the
Convention in all parts of the State party, taking into account The Way Forward
for Care and paying special attention to children
belonging to the most
vulnerable groups (e.g. children from poor households, children from minority
groups, disabled children, homeless
children, children in care, children between
16 and 18, Irish and Roma travellers’ children and asylumseekers) through
an open,
consultative and participatory process.
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- The
substantial new body of legislation described above provides the underpinning
for the strategies and plans we have set in place
to put children, in particular
disadvantaged children, at the heart of policy and practice in the UK. While our
strategies are grounded
in shared principles, their detail varies across the
UK’s nations, reflecting our commitment to genuine devolution to meet
local needs.
National plan of action England
- Every
Child Matters is a set of reforms supported by the Children Act 2004 (see
above) designed to enable families, local communities and services
to
work together to improve the lives of all 0 to 19 year olds and narrow the gap
between those who do well and those who do not.
Every Child Matters
measures progress in improving the lives of children and young people in
five broad areas (known as outcomes, which are enshrined
in law through the
Children Act 2004): health; safety; achievement & enjoyment; making a
positive contribution; and achieving
economic wellbeing.
- Every
Child Matters integrates universal targeted and specialist services for
children and young people from 019, bringing services together around the
needs
of children. It enables children’s services to work across professional
boundaries, using common processes and terms
of reference. Every Child
Matters has established children’s trusts as commissioners of services
for children, young people and families, driven forward by Directors
of
Children’s Services in each local authority. Local areas carry out
joint analysis of the needs of their local population
and
prioritise and plan their services, in conjunction with service users, through
a Children and Young People’s Plan. The
process is a continuous
cycle of consultation, evaluation, planning and commissioning of services for
children.
- Every
Child Matters has been widely supported across central and local
government, the voluntary and community sector and amongst frontline staff. It
has been followed up by a series of policy documents looking at particular areas
of policy in more detail i.e. Youth Matters; A Ten Year Childcare
Strategy; Every Parent Matters. Special attention has also been paid
to vulnerable groups through Care Matters; the Special Educational
Needs (SEN) strategy and the new strategy for disabled children. As a
result, the lives of children and young people are being increasingly improved.
For example:
- Over 600,000
children have been lifted out of relative poverty since 199899, and there has
been a faster fall in child poverty in
the UK than in any other EU country over
the same period;
- The gap has
narrowed in the achievement of minority ethnic pupils, with the proportion of
both Black Caribbean and Bangladeshi pupils
achieving 5 or more A* to C grades
at GCSE and equivalent in 2006 up 10 percentage points since 2003, compared to a
national increase
of 6 percentage points for all pupils;
- Participation
among 16 year olds has increased to its highest ever level, with 89% in some
form of learning in 200506;
- Over 1,250
children’s centres and over 4,000 extended schools have been created,
ahead of the trajectory that will deliver 3,500
children’s centres, and on
track for all schools to be extended schools, by 2010;
- The Youth
Opportunity and Youth Capital Funds have invested £115 million over 200608
to provide young people with more choice
and influence over facilities in their
area. Over £130 million has been invested since 2002 in Creative
Partnerships, involving
over 500,000 children in creativity and arts
projects.
National plan of action- Scotland
- Scotland
has taken a similar approach to England, building a vision and plan of action
for children centred on their needs and wishes,
and the outcomes every child
should be able to achieve. Scotland’s vision is that all of its children
should be confident individuals,
effective contributors, successful learners and
responsible citizens.
- To
achieve this vision, all children need to be:
- Safe: protected
from abuse, neglect and harm;
- Nurtured: living
within a supportive family setting, or, where this is not possible, within
another caring setting;
- Healthy:
enjoying the highest attainable standards of physical and mental health, with
access to suitable healthcare and support;
- Achieving: with
access to positive learning environments;
- Active: with
opportunities to participate in play and recreation;
- Respected &
Responsible: involved in decisions that affect them, and encouraged to play an
active role in their communities; and
- Included: with
access to high quality services and assisted to overcome barriers that create
inequality.
- In
March 2006, the Scottish Executive published a new Quality Improvement Framework
(QIF) for Integrated Children’s Services,
supporting selfevaluation and
performance improvement within and across children’s services. The
Framework, which is supported
by a suite of key performance indicators (refined
in consultation with external stakeholders), based on the key elements of the
vision,
will be embedded within the wider Integrated Children’s Services
Planning framework and will be a key element in underpinning
joint inspections
of children’s services. The range of indicators included in the Framework
covers both mainstream services,
for example, school attainment and child
health, as well as more specialist areas including child protection, additional
support
for learning, family support, adoption, fostering and substance misuse
and will allow the measurement of progress and outcomes across
key policy
areas.
- As
part of the implementation of Getting it Right for Every Child, all
children appearing at Children’s Hearings will have an action plan based
on their individual needs. The provision of these
plans and the associated
packages of care will be monitored.
National plan of action Wales
- Wales
has taken a rightsbased approach to supporting its children and young people,
and has drawn up Seven Core Aims for Children
and Young People, each based on
the UNCRC Articles. The Seven Core Aims seek to ensure that all children and
young people in Wales:
- Have a flying
start in life and the best possible basis for their future growth and
development;
- Have access to a
comprehensive range of education, training and learning opportunities;
- Enjoy the best
possible physical and mental, social and emotional health, including freedom
from abuse, victimisation and exploitation;
- Have access to
play, leisure, sporting and cultural activities;
- Be listened to,
treated with respect, and have their race and cultural identify recognised;
- Have a safe home
and a community which supports physical and emotional wellbeing; and
- Not be
disadvantaged by child poverty.
- These
Seven Core Aims underpin all the Assembly Government’s work with and for
children and young people, and provide a common
framework for planning for
children and young people throughout Wales, at national and local level. They
form the basis of the reporting
structure for the new statutory 3year Children
and Young People’s Plans that set out agreed priorities for improving
outcomes.
By incorporating rights into the reporting structure, definitions and
use of outcome measures it is intended that eventually the
planning process will
measure progress in implementing the children’s rights. The first Plans
cover 200811.
- The
Welsh Assembly Government published its first strategy for children, Children
and Young People: A Framework for Partnership in July 2000. This was
followed in 2004 by Children and Young People: Rights to Action.
The UN Convention underpinned these and other key overarching policies,
including Extending Entitlement and the National Service Framework for
Children, Young People and Maternity Services (NSF). Extending
Entitlement sets out 10 basic entitlements for all young people aged
1125 living in Wales, including learning about rights, being heard and health
and wellbeing. All of these contribute to the overall Rights to Action agenda
for children and young people in Wales. In March 2007
the Assembly Government
published Rights in Action: Implementing Children and Young People’s
Rights in Wales, a report on progress to date in implementing the UN
Convention.
National plan of action Northern Ireland
- Our
Children and Young People Our Pledge: A Ten Year Strategy for Children and
Young People in Northern Ireland 20062016 was launched in June 2006. The
strategy developed over a number of key stages including a three day stakeholder
residential event,
training on the UNCRC and Child Rights Programming and a
series of working groups. All of these involved children and young people.
A
young people’s advisory group was established and played a key role in
supporting the Office of the First Minister and Deputy
First Minister to develop
the strategy. The strategy is based on a vision statement that includes all
children, and is explicitly
informed and guided by the UNCRC. It sets outcomes
for progress in six areas that children and young people are:
- Healthy;
- Enjoying,
learning and achieving;
- Living in safety
and with stability;
- Experiencing
economic and environmental wellbeing;
- Contributing
positively to community and society;
- Living in a
society which respects their rights.
- The
first action plan for the strategy was published in March 2007. All Northern
Ireland government departments (including the Northern
Ireland Office and the
Northern Ireland Court Service) contributed to the action plan. This is the
first time that a document has
been produced which describes what all the
Northern Ireland government departments will be doing on behalf of children and
young
people.
- The
action plan will be subject to further review and revision one year after
publication to allow for potential revision by local
Ministers. Thereafter, the
action plan will be reviewed and produced annually during the lifetime of the
strategy.
Independent monitoring structures
CRC/C/15/Add.188, para.
17:
The Committee, in line with its previous recommendation (ibid.)
recommends that the State party:
(a) Establish independent human rights institutions with a broad
mandate and appropriate powers and resources all across the State
party and at
the national level, in
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|
accordance with the Principles relating to national institutions for the
promotion and protection of human rights (the Paris Principles)
(General
Assembly resolution 48/134, annex), to monitor, protect and promote all the
rights of the Convention for all children. They
should be easily accessible to
children, able to determine their own agenda, empowered to investigate
violations of children’s
rights in a childsensitive manner and ensure that
children have an effective remedy for violations of their rights;
(b) Ensure that all the human rights institutions have formal advisory
functions with the respective legislative bodies and that
they establish formal
links, including of cooperation, with each other;
(c) Provide national human rights institutions with adequate resources
and appropriate staff;
(d) Ensure that children and children’s organizations are
effectively involved in their establishment and activities.
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The Children’s Commissioners
- Children’s
Commissioners have been established across the UK. Each of the Commissioners has
a remit appropriate to their own
local circumstances; they can, and do, work
together for the benefit of all the UK’s children. The four UK
Commissioners have
also come together with the Irish Commissioner to create the
British and Irish Network of Ombudsmen and Children’s Commissioners
(BINOCC) to facilitate their overlapping roles, and to agree an approach on
issues concerning the British Isles.
- The
post of Children’s Commissioner for Wales was established in 2000, and the
first Commissioner was appointed in 2001. The
Commissioner acts as an
independent champion for children and young people in Wales. His principal aim
is to safeguard and promote
the rights and welfare of children and in doing so
he has a duty to have regard to the UNCRC.
- The
Commissioner for Children and Young People for Northern Ireland was established
in 2003 and is independent of government. The
Commissioner’s primary
aim is to safeguard and promote the rights and best interests of children
and young people and, in determining
how to exercise his functions,
must have regard to the relevant provisions of the UNCRC.
- The
Commissioner for Children and Young People (Scotland) Act 2003 established the
office of Children’s Commissioner. The Commissioner
is independent of the
Scottish Executive and their primary function is to promote and safeguard the
rights of children with particular
emphasis on the rights set out in the UNCRC.
The first Scottish Commissioner took up post in April 2004.
- The
Children’s Commissioner for England is responsible for England, and for
nondevolved issues affecting children and young
people in Scotland, Wales and
Northern Ireland. The Commissioner is charged with promoting awareness of the
views and interests of
children in England. This provides a broad strategic
remit which must be discharged within the framework of the five Every Child
Matters outcomes and with regard to the UNCRC.
The Children’s Rights Director for England
- The
post of Children’s Rights Director (CRD) was established through the Care
Standards Act 2000. The Children’s Rights
Director works with specific
groups of particularly vulnerable children: those living away from home in
regulated settings such as
children’s homes, foster care and residential
special schools, and those receiving support from children’s social care
services.
- The
CRD’s role is to ensure that the rights and welfare of these vulnerable
children and young people are properly safeguarded
and promoted within the work
of Ofsted (the Office for Standards in Education, Children’s Services and
Skills). The CRD advises
on changes needed to regulations, standards and
government guidance about welfare in the services the Commission inspects or
reviews.
CRD also advises Ofsted on its methods of registration, inspection and
responding to complaints. The Children and Family Court Advisory
and Support
Service (CAFCASS) has also appointed a CRD, which is discussed further in
Chapter II.
Commission for Equality and Human Rights
- In
addition to the bodies above, whose focus is specifically on children, the
Equality Act 2006 established the new Commission for
Equality and Human
Rights described in more detail in chapter III, to support the rights of
children and adults across the UK.
Data collection
CRC/C/15/Add.188, para.
19:
The Committee recommends that the State party establish a nationwide
system whereby disaggregated data are collected on all persons
under 18 years
for all areas covered by the Convention, including the most vulnerable groups,
and that these data are used to assess
progress and design policies to implement
the Convention. The Committee encourages the development of regular reports in
England,
Northern Ireland, Scotland and Wales and for the whole State party and
the promotion of wide public and parliamentary debate on them
in the United
Kingdom and Scottish Parliaments and in the National Assemblies for Northern
Ireland and Wales.
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- The
UK Government and each devolved administration are committed to the use of data
to inform policy development and have in place
a range of systems to collect
aggregated data relating to children and their outcomes at both national and
local level. For example,
these systems include requirements for local
authorities in England to provide statutory data returns
- which
can be coordinated and assembled nationally and such reports are the subject of
frequent debates in individual administrations.
The nature of these data
collections, and the subsequent reports and debating processes, closely reflects
the statutory basis on
which information is gathered. As this report reflects,
the information can also be used to assess progress in relation to the
implementation
of the Convention. Annex 1 provides more detailed statistical
information in support of this report.
- One
such example is the development of an Annual School Census in England which has
allowed for disaggregated pupillevel data to be
collected permitting a National
Pupil Database, with a growing wealth of information, to be established. The
information in the database
has enabled the UK Government, local authorities and
school leaders to understand more sharply the drivers of and obstacles to
children’s
achievement and to focus on improving teaching and learning
the key drivers of higher standards for all children. Further efforts
to improve
the quality or quantity of data collected by the UK Government needs to be
considered in the context of the need not to
create additional burdens
on those working directly with children.
Training/dissemination of the Convention
CRC/C/15/Add.188, para.
21:
In line with its previous recommendations (ibid., paras. 26 and 32) and
article 42 of the Convention, the Committee recommends that
the State
party:
(a) Substantially expand dissemination of information on the Convention
and its implementation among children and parents, civil
society and all sectors
and levels of government, including initiatives to reach vulnerable
groups;
(b) Develop systematic and ongoing training programmes on human rights,
including children’s rights, for all professional groups
working for and
with children (e.g. judges, lawyers, law enforcement officials, civil
servants, local government officials, personnel
working in institutions and
places of detention for children, teachers and health personnel).
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(a) Information
- The
UK Government and devolved administrations are committed to promoting awareness
and understanding of the Convention. Specific
references are made in school
curricula to pupils’ understanding of legal and human rights and to the
world as a global community;
further details are included in chapter VII. This
includes the role of international organisations, including the United Nations.
- The
UK Government operates a number of webbased portals enabling children and adults
to access information about the Convention. For
parents and young people,
DirectGov has a
- popular
UNCRC section. For children under 10, DirectGovKids has a section on the UNCRC
developed in conjunction with UNICEF, and there
is also specific information
available on the web for people who work with children. The online
children’s survey, commissioned
by DCSF to support this report, indicated
that about 70% of respondents reported that they had some awareness of the
UNCRC.
- In
Wales, Clic, the National Information and Advice Project, provides similar
information targeted particularly at young people aged
1125. The Welsh Assembly
Government intends, during 200708, to produce a series of information booklets
on rights for children (510)
and young people (1118), together with an
accompanying publicity and communication strategy. In Scotland, the Scottish
Executive
and the Scottish Child Law Centre have produced a leaflet for children
setting out and explaining the rights in the Convention.
- In
Northern Ireland, during the development of the 10 year strategy for Children
and Young People, 127 civil servants and NGO sector
personnel were involved in
training on the UNCRC and Child Rights Programming. The training was also
delivered to the Young People’s
Advisory Forum. Save the Children and the
Children’s Law Centre have developed the training further and recently
delivered
new modules to 80 people responsible for Children’s Services
Planning in the Southern Health and Social Services Board.
(b) Training
- In
addition to these sources of information and training, there is specific
training related to human rights and the Convention available
for people in a
range of professions working with children. In England, the Children’s
Workforce Development Council, established
in 2005, has now adopted the
Convention to underpin its work. Specific training and support for professions
includes the creation
of a Common Core of Skills and Knowledge for the whole of
the children’s workforce (including teachers, childcare and early
learning
providers, social workers and others who work with children), which described
the Convention alongside key UK legislation
that practitioners should take into
account. This Common Core is being embedded in initial training and continuing
professional development
by professional bodies, higher education institutions
and awarding bodies, and employers are now able to use it as a tool to develop
job descriptions and induction training. For instance, key areas relating to the
Convention are now included within all social work
training.
- The
Department for Children, Schools and Families in England is
providing funding to UNICEF for their Rights Respecting Schools initiative.
This programme aims to help provide children with a practical understanding
of the personal meaning of their rights, and those of
others, by
relating the principles of the UNCRC closely to everyday behaviour in the
classroom and school. The pilot of the initiative
found that the
programme is seen as a powerful way of improving behaviour and
attendance, increasing children’s affiliation
to each other and to their
teachers, improving resilience and, as a result, increasing the capacity to
raise standards.
- In
addition, in Northern Ireland over 140 frontline staff in the Youth Justice
Agency received training in human rights during 200506.
- In
Wales, work is currently underway to develop a children’s workforce
strategy for all professional groups. Since local workforce
strategies are a
requirement of Children and Young People’s Plans, they are underpinned by
a framework of values that includes
children’s rights.
- Professionals
in Scotland receive a wide range of training on human rights and
children’s rights, including the UNCRC. For example,
all courses for
health care professionals who work as specialists in the field of child health
will cover key components of the UN
Convention, in particular articles 12 and
24.
- Both
the Standard for Initial Teacher Education and the Standard for Full
Registration have been revised recently. The new Standards
were published in
March 2007, emphasising the importance of the UNCRC and requiring prospective
teachers to demonstrate respect for
the rights of all children as set out in the
Convention. Social workers undergo a wide range of training and must be able to
demonstrate
a clear understanding of legal obligations such as human rights and
children’s rights (including the provisions of the UN Convention)
and
equality issues. The Scottish Institute for Residential Child Care offers two
short courses free of charge to all residential
child care staff throughout
Scotland on the subject of children’s rights. Training for police officers
in Scotland pays particular
attention to meeting the needs and protecting the
rights of children. National training is provided at the Scottish Police College
in relation to the UN Convention and children’s rights in general, and as
required in specific roles.
Optional Protocols
CRC/C/15/Add.188, para.
64:
The Committee encourages the State party to ratify the Optional
Protocols to the Convention on the sale of children, child prostitution
and
child pornography, and on the involvement of children in armed conflict, as
recommended above.
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- Since
signing the Optional Protocol the UK Government has strengthened the law,
developed a range of practical measures to assist
law enforcement agencies,
children’s services and other organisations, and strengthened mechanisms
for international cooperation.
- Where
legislation was necessary to ensure compliance this has been achieved primarily
by the Adoption and Children Act 2002, the Sexual
Offences Act 2003, the
Criminal Justice (Scotland) Act 2003 and the Protection of Children and
Prevention of Sexual Offences (Scotland)
Act 2005. The majority of practical
measures set out in the Optional Protocol have been implemented.
- The
Government is currently assessing the extent to which the UK is compliant with
the provisions of the Optional Protocol, and will
consider what steps are
necessary to ensure ratification when this assessment has been completed. The
timing of this process will
depend on what steps are identified by this
assessment.
B. Statistics and resources
UK Education Expenditure
(£m) on Under18s 200001 to
200506[*]
Of education
|
2000/01
|
2001/02
|
2002/03
|
2003/04
|
2004/05
|
2005/06
|
Under 5s
|
2 514
|
3 123
|
3 320
|
3 788
|
4 171
|
4 257
|
Primary schools
|
12 497
|
13 681
|
14 645
|
16 439
|
17 179
|
18 192
|
Secondary schools
|
13 189
|
14 735
|
15 875
|
17 968
|
19 349
|
20 375
|
Further Education
|
4 776
|
5 728
|
6 378
|
7 133
|
7 378
|
8 016
|
Total
|
32 976
|
37 267
|
40 218
|
45 328
|
48 077
|
50 840
|
Percentage of GDP
|
3.42
|
3.70
|
3.78
|
4.02
|
4.05
|
4.10
|
PESA 2006
Child benefit expenditure (£m) 200001 to 200405*
|
2001/02
|
2002/03
|
2003/04
|
2004/05
|
8 600
|
8 800
|
9 000
|
9 400
|
9 600
|
Tax Benefit Reference Manuals 200005, HMRC
Children and young people’s views
- The
largescale online survey of children and young people, commissioned by the
Department for Children, Schools and Families to support
this report found that
overall, the best things about being a child in England were:
being relatively privileged in global terms (e.g. free healthcare, free
education, peace, prosperity);
personal circumstances (friends and family) and
political freedoms (e.g. democracy, rights, personal freedom). Younger children
particularly
valued their friends and family, while older children valued the
range of leisure and recreational opportunities on offer, and their
civil and
political rights and freedoms. Around three quarters of children said they also
felt safe at home, and around 9 out of
10 felt that their education had helped
them value other people’s language, culture and beliefs.
- Overall
the three most frequently mentioned responses regarding the worst
things about being a child or young person in England were: age
restrictions, negative attitudes towards children and young people (i.e.
being
seen as a problem) and safety (i.e. violence and crime). However, while nearly
80% of children said they had opportunities
to relax, play and have fun most
days or every day, more opportunities for leisure and socialising was the most
common response when
children were asked what would make life better for them
and their friends.
- In
Scotland, key issues disclosed by a consultation conducted by the
Children’s Parliament included younger children (813) wanting
school to be
enjoyable and safe, and to have more of a say in school life; wanting greater
protection from adults who might hurt
them and an end to bullying by children or
adults. Older young people (1421) felt that adults did not listen to individual
children
enough, hearing their voices only as part of organisations. These views
were echoed by children and young people in Northern Ireland
and Wales.
- In
Wales, the NGOs’ UNCRC Monitoring Group organised a major conference and
published a report, Righting the Wrongs: the reality of children’s
rights in Wales, in January 2006, to stimulate discussion ahead of the
reporting round. Funky Dragon (the Children and Young People’s Assembly
for Wales) is undertaking an Our Rights, Our Story project, involving
over 8,000 young people aged 1118 and over 2,000 710 year olds. The Our
Rights, Our Story report will be submitted to the Committee in autumn 2007.
- In
Northern Ireland, key issues for children included being treated equally, being
able to practice their own culture/religion, access
to appropriate information
and bullying in school.
C. Factors and difficulties
- Since
the last report there has been a programme of unprecedented investment in
publicly funded services for children throughout the
UK, and development of new
childcentred approaches to planning and delivering national and local policy.
This has led to considerable
progress being made. Children across the UK are
achieving more and families are better off than ever before. However, there is
much
still to be done. The UK Government is committed to reversing the recent
increase (of 100,000 children) in child poverty, the first
since 199899. The gap
between the outcomes of most children and those from disadvantaged backgrounds
remains too wide, and increased
efforts are needed to tackle this. There are
also worrying trends in the
- areas
of the wellbeing and safety of children, such as young people’s
preparedness to take health risks with underage drinking
and early sexual
experiences. More needs to be done to widen and deepen the awareness and
understanding about children’s wellbeing.
- Respondents
to the recent online children’s survey, conducted by NGOs on behalf of
DCSF, felt that life would be better for
children and young people if there
were: more activities and opportunities for socialising and playing sport (17%),
safer communities
by reducing violence and crime (8%), more spending power
including better discounts for students (6%) and more tolerance of differences
(6%). And having more social opportunities and safer communities were
prioritised by children as the two most important factors regardless
of age
group.
- The
new Scottish government has committed to sharing the UK Government’s long
term target to eradicate child poverty by 2020.
Scotland has hit the 2005 target
ahead of the rest of the UK, one quarter of the journey complete, but with much
more to do. Since
199899, 80,000 children have moved out of relative low income
a reduction of 26%. In terms of children in absolute low income, for
the same
period the number has more than halved. Efforts are continuing to tackle poverty
by investing in and supporting deprived
and vulnerable children and their
families. For example, Sure Start Scotland aims to ensure every child has the
best possible start
in life by targeting support for families with very young
children in areas of greatest need. By 2008, every child who needs it should
have an integrated package of appropriate health, care and support.
CHAPTER II. DEFINITION OF THE CHILD
(art. 1)
- The
definition of a child in the United Kingdom was described in detail in the
UK’s first report in 1996 and updated in its
second report in 1999. The
information provided in this chapter updates and clarifies the material set out
in those reports.
Minimum legal age to purchase tobacco to rise from 16 to 18,
UK
- From
1 October 2007, the minimum legal age to purchase tobacco will rise from 16 to
18 in England, Scotland and Wales. In Northern
Ireland, the Assembly will
shortly be invited to consider raising the age of sale. This change will follow
closely on the heels of
the introduction of smoke free public places and
workplaces from 26 March 2006 in Scotland, 1 April 2007 in Wales, 30 April 2007
in Northern Ireland and 1 July 2007 in England, which effectively introduces a
ban in all parts of the UK. A campaign to raise awareness
of the imminent change
in age will be launched alongside this.
- About
9% of young people in England aged between 11 and 15 smoke, down from 13%
in 1996, and the Government is determined to reduce
this figure further.
The current law controlling the sale of tobacco to children under 16 is set out
in the Children and Young Persons
Act 1933 as amended by the Children and Young
Persons (Protection from Tobacco) Act 1991.
The Child Benefit Act 2005
- The
Child Benefit Act 2005 amends the definition of a child by replacing it with two
separate definitions of a child and of a qualifying
young person. Under the new
provisions a child is defined as a person who has not attained the age of 16. A
qualifying young person
is someone who has not yet reached a specified age, but
is older than 16 and therefore does not meet the definition of a child. The
purpose is to allow regulations to extend the child benefit entitlement to
include young people who are on specified unwaged vocational
training arranged
by the Government as well as those in fulltime, nonadvanced education. The
Government has also extended support
to 19 year olds completing a course of
learning begun before they reached that age.
Civil Partnership Act 2004
- In
December 2005 the Civil Partnership Act came into force. Civil Partnership is a
completely new legal relationship, exclusively
for samesex couples, distinct
from marriage. The Act gives civil partners parity of treatment with spouses, as
far as is possible,
in the rights and responsibilities that flow from forming a
civil partnership. Couples may register as civil partners provided:
- They are of the
same sex;
- They are not
already in a civil partnership or lawfully married;
- They are not
within the prohibited degrees of relationship;
- They are both
aged sixteen or over (and, if either of them is under 18 and the registration is
to take place in England, Wales or
Northern Ireland, the consent of the
appropriate people or bodies must have been obtained).
Sexual consent
- The
Sexual Offences (Amendment) Act 2000 amended the law in the United Kingdom to
make the age of consent for consensual homosexual
activity the same (the
16th birthday) as that for heterosexual couples. The 2000 Act was
repealed and replaced by the Sexual Offences Act 2003 to remove any
legal
distinction in the criminal law between heterosexual and homosexual
activity.
- Although
the legal age of consent in the UK is 16 (17 in Northern Ireland), for certain
offences involving exploitation through prostitution
or pornography the relevant
age is 18. It is illegal to pay for the sexual services of any child, or cause
or incite their involvement
in prostitution or pornography, regardless of
whether they have reached the age of consent.
CHAPTER III. GENERAL PRINCIPLES
(arts. 2, 3, 6 and
12)
- The
UK Government and devolved administrations remain committed to the
implementation of Articles 2, 3, 6 and 12 of the Convention
and the principles
that they embody, and have done a great deal since 1999 further to translate
those principles into national legislation
and practice.
A. Concluding observations followup
The right to nondiscrimination
CRC/C/15/Add. 188:
para. 23:
The Committee recommends that the State party:
(a) Monitor the situation of children, in particular those belonging to
vulnerable groups, who are exposed to discrimination;
(b) Monitor the comparative enjoyment by children of their rights in
England, Scotland, Northern Ireland and Wales;
(c) Develop, on the basis of the results of this monitoring,
comprehensive strategies containing specific and welltargeted actions
aimed at
eliminating all forms of discrimination;
(d) Amend the nationality law to allow transmission of nationality
through unmarried as well as married fathers.
|
- Research
with children and young people on the UNCRC found the most common form of unfair
treatment reported by children and young
people related to that based on age
(43%), followed by gender (27%) and beliefs (18%). Reporting of age
discrimination increased
with age from 29% for under 11s to 64% for 1617 year
olds. Of those who described themselves as having a special need or disability,
55% felt that they had experienced unfair treatment for this reason. 38% of
Black children, compared with 31% of Asian children,
reported that they had been
treated unfairly because of the colour of their skin. In terms of religion,
Muslim children (38%) and
Sikh children (31%) were most likely to report that
they had been treated unfairly because of their beliefs. Looked after children
and traveller children also reported experiences of unfair treatment because of
their status/culture.
(a) Monitor the situation of children who are exposed to
discrimination
- In
addition to a substantial programme of monitoring and data collection (see
statistical annex to this report), the UK Government
launched an independent
Equalities Review and a Discrimination Law Review in February 2005 to consider
how to tackle inequality in
society at large and look at the whole of
discrimination law. The final report of the Equalities Review published in
February 2007,
made a number of recommendations for change. The Government will
formally respond to it in autumn 2007. In June 2007 the Government
published:
A Framework for Fairness: Proposals for a Single Equality Bill for Great
Britain, the Discrimination Law Review green paper. The Review has been
considering the opportunities for creating a clearer and more streamlined
legislative framework, and will inform the development of proposals for a Single
Equality Bill, which the Government is committed
to introducing during the
current Parliament.
- The
UK Government is committed to ensuring that children have appropriate means of
redress where they perceive they have been treated
unfairly, and the Commission
for Equality and Human Rights will be considering the equality needs of children
as part of its Strategic
Plan.
- In
2005, the National Assembly for Wales launched a Minority Ethnic Youth Forum
aimed at young people aged 15 25, which provides
young people with an
opportunity to voice their concerns and views. The Welsh Assembly Government is
also committed to supporting
lesbian, gay and bisexual people. In its
initiatives on bullying, and in the Framework for Personal and Social Education
in Wales,
the needs of pupils, who identify themselves as being homosexual or
transgendered, are addressed. Funky Dragon (the Children and
Youth Assembly for
Wales) works with hardtoreach groups of young people, which include those who
identify themselves as being homosexual
or transgendered.
(b) Monitor the comparative enjoyment by children of their
rights in England, Scotland, Northern Ireland and Wales
- Comparative
enjoyment of children’s rights is not monitored across the UK because of
the different legislation and government
strategies, which have been developed
since the last UK report. However each Government, in England, Wales, Scotland
and Northern
Ireland collects and publishes statistical and research information
that it considers to be relevant. This information has been reflected
extensively in the main body of the report and in the Annexes.
(c) Strategies to eliminate all forms of discrimination
- Research
carried out with children and young people in England found that young people
felt more should be done in schools to address
prejudice and discrimination.
They felt that simply having appropriate policies (such as antibullying
policies) was not enough as
they also need properly to be implemented. In
addition to the information contained in this chapter, further information on
how schools
have been addressing inequalities can be found in chapter II.
- In
January 2005 the Government launched: Improving Opportunity and Strengthening
Society, the first cross government strategy to increase race equality and
community cohesion. The strategy aims to strengthen society, by
creating a
society in which every individual whatever their racial or ethnic origin, is
able to fulfil their potential through the
enjoyment of equal opportunities,
rights and responsibilities.
- The
Government has given particular consideration to how legislation in this area
could impact on children. A child’s age is
more closely related to
his or her levels of development and need than is the case with adults. It
is important that services for
children are tailored in an ageappropriate way a
child of three is very different from a child of ten, or a teenager. The
basic
principle of age discrimination legislation, that people should not be
treated differently on the basis of their age is therefore
rarely appropriate to
the treatment of children.
- The
Government believes that age discrimination legislation specifically targeted at
children is unlikely to be the most appropriate
way to meet their needs.
Furthermore, legislation might encourage providers of services to children to
standardise provision across
all age groups,
- even
though this might not be of benefit to children. The UK Government’s
current view, therefore, is that any extension of
age discrimination legislation
should cover children or the provision of education in schools.
- Since
1999, the UK Government has set in place a range of new legislation which
addresses discrimination in all its forms, as it affects
all members of society,
whether adults or children. Underpinning this, section 38 of the Education and
Inspections Act 2006 places
a new duty on school Governing Bodies in
England to promote Community Cohesion. Other new legislation includes:
- The Employment
Equality (Religion or Belief) Regulations 2003;
- The Employment
Equality (Sexual Orientation) Regulations 2003;
- The Employment
Equality (Age) Regulations 2006;
- Part 2 of the
Equality Act 2006, which introduces protection against discrimination on grounds
of religion or belief; and
- The Equality Act
(Sexual Orientation) Regulations 2007, which prohibit discrimination on grounds
of sexual orientation.
- The
Race Relations (Amendment) Act 2000 introduced a duty on public authorities in
England, Wales and Northern Ireland to have regard
to the need to eliminate
unlawful racial discrimination and to promote equality of opportunity and good
relations between people
of different racial groups. A similar duty to promote
equality for disabled people was introduced in December 2006 and a duty to
promote equality between males and females came into effect in April 2007. These
duties place obligations on public authorities (including
schools and other
institutions working with children and young people) to consider the impact of
their work on groups which have
suffered discrimination and disadvantage.
- The
Employment Equality (Sexual Orientation) Regulations (Northern Ireland) (2003)
make it unlawful to discriminate against an individual
on grounds of sexual
orientation in employment and training. Using a power in the Equality Act 2006,
regulations have been brought
forward to prohibit discrimination on the grounds
of Sexual Orientation in the provision of goods, facilities and services in
Northern
Ireland. This took effect on 1 January 2007. These regulations are
currently subject to a judicial review.
- In
addition to a body of antidiscrimination legislation, Section 75 of the Northern
Ireland Act 1998 requires public authorities,
in carrying out their functions,
to have due regard to the need to promote equality of opportunity between
persons of different religious
beliefs, political opinion, racial group, age,
marital status or sexual orientation, gender, with or without a disability, and
with
or without dependents.
- In
Northern Ireland, a Racial Equality Strategy was published in 2005 which sets
out a framework for government and all sections of
civil society for the
creation of a community where racism is not tolerated and where all children and
adults enjoy equality of opportunity
and
- equal
protection. In 2006 the first annual action plan to implement the Racial
Equality Strategy was published. Similarly, a Gender
Equality Strategy has been
published and a Sexual Orientation Strategy is due to be published in autumn
2007.
- The
Government of Wales Act 1998 places a duty on the National Assembly for Wales to
have “due regard to the principle that
there should be equality of
opportunity for all people” in the conduct of its business and exercise of
its functions.
- The
Scotland Act 1998 enables the Scottish Parliament to impose duties on any
officeholder in the Scottish Administration or any Scottish
public authority
subject to its control to ensure that their functions are carried out with due
regard to the need to meet the equal
opportunity requirements. The Scotland Act
also provides that actions of Scottish Ministers and Acts of the Scottish
Parliament that
do not comply with ECHR are unlawful.
- Further
information can be found in Section B of this chapter.
(d) Allowing transmission of nationality through unmarried
fathers
- The
UK Government has amended the British Nationality Act 1981 in respect of
children born outside marriage on or after 1 July 2006.
This change redefines
who is to be regarded as a child’s parents for nationality purposes and
enables children born outside
marriage to derive a nationality claim or
entitlement from their fathers in the same way as if they had been born to
married parents.
CRC/C/15/Add. 188: para. 24:
The Committee requests that specific information be included in the next
periodic report on the measures and programmes relevant to
the Convention on the
Rights of the Child undertaken by the State party to follow up on the Durban
Declaration and Programme of Action
adopted at the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance and taking
account of the
Committee’s General Comment No. 1 on the aims of
education.
|
- In
addition to the strategies outlined above, the UK Government’s strategy to
increase race equality and community cohesion:
Improving Opportunity,
Strengthening Society (IOSS) meets its commitments to actions agreed at
the 2001 UN World Conference against Racism, Racial Discrimination, Xenophobia
and
Related Intolerance, including the development of a national action plan
against racism. Government policies to tackle racism and
racial discrimination
cover all the key areas of the Durban Programme of Action, including education,
health, employment, housing
and the criminal justice system.
- Work
is being taken forward to deliver this strategy, undertaken by each relevant
Government Department. In addition, the Government
is funding Connecting
Communities Plus, a grant scheme which is providing £18 million, from 2006
to 2009, to support voluntary
and community groups in helping to deliver the
strategy. The Government is committed to publishing annual reports on progress
in
delivering the IOSS strategy, and published its first report on 31st July
2006.
- The
Scottish Executive is developing a National Strategy and Action Plan on Race
Equality, to be published later in 2007. The Race
Equality, Integration and
Community Support fund has been established and will provide £2 million
over 200608 for projects to
promote race equality.
- The
IOSS first year’s progress report shows progress that progress has been
made on a number of fronts. In education, for example,
there has been year on
year improvements at each key stage for Black and minority ethnic pupils. This
is discussed in more detail
in Chapter VII.
Best interests of the child
CRC/C/15/Add. 188: para.
26:
The Committee, in line with its previous recommendations (ibid., para.
24) recommends that the State party adopt the best interests
of the child as a
paramount consideration in all legislation and policy affecting children
throughout its territory, notably within
the juvenile justice system and in
immigration practices.
|
- The
Children Act 1989, which covers children in England and Wales, has as its
foundation the requirement that the welfare of the child
must be the
court’s paramount consideration in any decision relating to his or her
upbringing. Under the Act, a court must
have regard in particular to the
ascertainable wishes and feelings of the child concerned (considered in the
light of his age and
understanding), his needs and how these are to be met, any
relevant personal background, any harm suffered or risk of harm, and the
likely
effect of a change in circumstances. This has been built on in England and Wales
by the Children Act 2004, described in more
detail in chapter I, which enshrined
in legislation the outcomes the Government wants for every child, and which
consultation with
children showed they want for themselves: Being healthy,
staying safe, enjoying and achieving, making a positive contribution, and
achieving economic wellbeing.
- In
October 2006 the Government in England published Care Matters, a
consultation on improving the outcomes for looked after children, and has
published its subsequent policy strategy in June 2007.
Care Matters: Time for
Change sets out plans for making sure the interests of looked after children
are given priority in all aspects of their lives. These include
giving them
priority in school admissions, additional funding for each child to provide
personalised educational support, a named
health professional for each child to
coordinate their health needs, and specialist training for carers and social
workers to meet
individual needs.
- For
Scotland, a similar focus on the paramountcy of the welfare of the child
throughout childhood lies at the heart of the Children
(Scotland) Act 1995 in
respect of decisions by local authorities, service providers, Children’s
Hearings and courts.
- The
Children (Northern Ireland) Order 1995 also centres on the paramountcy of the
welfare of the child ensuring that any decisions
about a child promote his/her
welfare and are in his/her best interests. In developing new policy and
legislation, the Assembly seeks
to ensure
- compatibility
with these principles. New adoption legislation, for example, will place the
child at the centre of the adoption process.
The Department of Health, Social
Services and Public Safety (DHSSPS) have also made arrangements to audit the
existing public law
aspects of the Children (Northern Ireland) Order 1995 and
associated regulations to examine compatibility with the international
standards
set out in UNCRC and ECHR. Within the criminal justice system, the government in
Northern Ireland believes that the spirit
of the Convention is incorporated in
Northern Ireland legislation, policy and practice. The Northern Ireland
government prefer the
term welfare of the child to the term best interests, as
it is better defined and understood in law. In particular Section 53 of
the
Justice (Northern Ireland) Act 2002 requires all persons exercising functions in
relation to the youth justice system to have
regard to the welfare of children
affected by the exercise of their functions with a view to furthering their
personal, social and
educational development.
Right to life
CRC/C/15/Add. 188: para.
28:
Following the recommendations of the Committee against Torture (A/54/44,
para. 77 (d)), the Committee urges the State party to abolish
the use
of plastic baton rounds as a means of riot control.
|
- The
Northern Ireland Office established a steering group to examine alternative
approaches to the management of conflict. This group’s
aim was to
establish whether or not an acceptable, effective and potentially less lethal
alternative to the L21A1 baton round was
available. This has resulted in the
development of two new projectiles: the Attenuating Energy Projectile (AEP); and
the Discriminating
Irritant Projectile (DIP). Whilst the DIP is being developed
to a longer time frame, the AEP came into service in summer 2005. AEP
represents
another significant step to ensure that the police are provided with systems
which remain effective but which are considerably
less likely to cause serious
injury in the event of impacting upon vulnerable areas of the body. The AEP
had been fully evaluated
by an independent medical committee before
introduction. The guidance for the AEP round makes clear that every effort
should be made
to ensure that children are not placed at risk by its use.
- Since
it was introduced in 2005 in Northern Ireland, there have been 421 discharges of
AEP at identified violent individuals during
serious disorder in Northern
Ireland, when police and Army came under sustained attack, involving petrol
bombs, blast bombs and automatic
gunfire. All of these incidents occurred during
the marching season between July and September 2005. Fortunately, there has
been
no requirement to discharge impact rounds since that date.
- Within
24 hours of an incident where AEPs are discharged, the Police Service of
Northern Ireland (PSNI) supply a report on the incident
to the Northern
Ireland Policing Board. In addition, each time the system is used, the
circumstances are investigated by the independent
Police Ombudsman, who reports
her findings to the Policing Board.
Respect for the views of the child
CRC/C/15/Add. 188: para.
30:
The Committee recommends that the State party, in accordance with
articles 12 to 17 of the Convention, take further steps to promote,
facilitate and monitor systematic, meaningful and effective participation of all
groups of children in society, including in schools,
for example through school
councils. Furthermore, it recommends that the State party take further steps to
consistently reflect the
obligations of both paragraphs of article 12 in
legislation, and that legislation governing court procedures and administrative
proceedings
(including divorce and separation proceedings) ensure that a child
capable of forming his/her own views has the right to express
those views and
that they are given due weight. The Committee further recommends that procedures
be established that would allow
the views expressed by children to be taken into
account in and to have an impact on developing programmes and policies affecting
them.
|
- Research
carried out with children & young people in England found that just under
half (44%) of children and young people felt
that they were not given
enough respect and understanding by adults. Whilst youth workers and community
development workers were
perceived as giving the most respect, politicians and
teachers were perceived as giving the least. The research also found that
children
of all ages wanted to be informed and involved in decisionmaking
concerning their families, education, care and politics.
- The
2003 Citizenship survey, carried out among 2,698 children (aged 8 to 15), found
that 925 felt that their opinions were taken into
account by their family,
64% felt they could influence decision in their school, 33% felt that they could
influence decisions affecting
their local area, while 15% felt that they could
influence decisions affecting the country.
- Since
1999, the UK Government and devolved administrations have made the participation
of children and young people a priority, enabling
policy development and
delivery to be driven and informed by their views at all levels nationally,
locally and in schools, as well
putting mechanisms in place which increase the
involvement of vulnerable young people in the decisions that affect
them.
Promoting, facilitating and monitoring participation at all
levels
- Since
1999, the UK Government has taken a number of steps to facilitate participation
at the local level and in schools. In line with
the recommendations of the
Committee, this has frequently involved introducing into legislation
requirements regarding the views
and participation of children and young people.
Other ways in which the UK Government has facilitated and promoted participation
include the development of participation resources and guidance for those
working with children and young people, and the setting
up of local funds over
which young people have control.
- Section
53 of the Children Act 2004 amends sections 17, 20 and 47 of the Children
Act 1989, and requires that, when working with children
in need, their
wishes and feelings need to be ascertained and used to inform decision making.
To underpin this, the Government funded
- the
development of Say it your own way: children’s participation in
assessment, a resource pack designed in particular to give practical support
to practitioners conducting assessments and drawing up subsequent
care
plans.
- A
statutory duty has been placed on key public sector organisations in Scotland,
by means of the Local Government in Scotland Act
2003, to initiate and
facilitate a Community Planning process for their area. Evidence shows that
children are keen to participate
and there are several examples of Community
Planning Partnerships which have set up themed groups specifically to deal with
issues
important to children and young people.
- Across
Scotland, Dialogue Youth Units, based in all local authorities, connect young
people with their communities and engage them
in the Community Planning process
by linking with local youth forums, pupil councils and other youth participation
structures, such
as the Scottish Youth Parliament. Being young in Scotland
2005 was commissioned to look in more detail at the patterns of
participation. One key finding was that participation rates (in a range
of
activities across youth work, arts, culture and sports) steadily fall from the
start of secondary school, rise when a young person
leaves school and then fall
again. None of the activities young people were asked about showed increases in
popular participation
between the ages of 11 and 16, suggesting that if
young people are not engaged by 11, it is unlikely that they will start
participating
in these kinds of activities. Increasing meaningful participation
by young people therefore remains a significant challenge in Scotland
and one
that we are committed to taking forward through the Youth Work Strategy and by
working with and listening to young people
and the organisations that represent
them.
- In
England and Wales there is a statutory requirement, flowing from the Children
Act 2004, for local authorities to consult children
and young people in the
preparation of their strategic Children and Young People’s Plan. Research
into the first Children and
Young People’s Plans in England shows that
local authorities are making a real commitment to the involvement of children
and
young people and are developing lasting structures and practices which put
young people at the heart of both policy and practice.
- The
Childcare Act 2006 requires local authorities in England, when discharging their
new duty to promote the wellbeing of young children,
to have regard to such
information about the views of young children as is available to them and
appears to them to be relevant.
- Providing
more and better positive activities for young people is at the heart of the
governments’ plans for radical reform
of support services for young
people. There is a new duty on local authorities to secure access for young
people to positive activities.
This duty, in the Education and Inspections Act
2006, requires local authorities to take steps to ascertain the views of young
people
in their area regarding existing positive activity provision, the need
for additional activities and facilities, and their access
to provision, and to
act on these views in their provision of positive activities.
- The
government has already provided £115 million through Youth Opportunity and
Youth Capital Funds for young people to spend
on positive activities in their
area, to be spent between April 2006 and March 2008. Young people must make the
decisions on how
these funds are spent. In the first year of operation of the
funds, over 12,000 activities and facilities have been provided. Over
650,000
young people have participated in the use of the funds, including 8,253 acting
as grant givers and decisions makers on the
use of the funds and 73,017 acting
as project leaders or successful applicants to the funds 44% of this latter
group were from disadvantaged
backgrounds.
- The
‘Big Deal’, a strand of funding linked to the National Lottery, has
funded Youthnet and Playboard to create a Participation
Hub to deliver a
coherent approach to the participation of children and young people in Northern
Ireland. The Children and Young
People’s Unit in Northern Ireland has also
allocated £150,000 per year to establish a participation network. This will
work in tandem with existing or planned participation structures, including a
Participation Hub. Emerging structures will include
the Northern Ireland Network
for Youth which will be established to strengthen the direct voice of young
people in all relevant aspects
of government provision.
- The
UK Government has also funded the development of an online gateway, www.participationworks.org , which
brings together information, access to a participation network, good practice,
research, and participation standards, for
all professionals who need
information and advice on effective participation. The Government has also
funded the development of a
set of training and tools (Ready Steady Change) for
adults and young people to increase children’s and young people’s
participation in decisionmaking. The basis of this resource is the UNCRC, and
the material been distributed to every local authority
in England.
- In
2002, the Children and Young People’s Participation Consortium was
established in Wales, to share ideas and good practice,
and to support a
coordinated approach across statutory and voluntary organisations. The Welsh
Assembly Government provides core funding
for a Participation Unit to support
the Consortium’s work. New national standards for children and young
people’s participation
were launched in January 2007. The National
Standards provide a means of inspecting and assessing participatory practice.
They have
been piloted with children and young people, and endorsed by Funky
Dragon (the Children and Young People’s Assembly for Wales)
and by the
Welsh Assembly Government. Work is underway to raise awareness of the Standards
and to encourage organisations to use
them for selfassessment of their current
practice. The Participation Unit is also exploring the development of quality
assurance
or kitemarking schemes associated with the Standards.
Schools and school councils
- The
UK Government has established a range of mechanisms, guidance and legal
requirements which mean that pupils’ views and interests
are heard, valued
and acted upon in the school context.
- In
Wales, school councils have been a statutory requirement in all maintained
primary (apart from nursery and infant schools), secondary
and special schools
in Wales since 1 November 2006. In England, the Government has pledged, in
Higher Standards, Better Schools for All to encourage schools to involve
pupils via school councils in decisionmaking. This will involve updating the
guidance entitled
‘Working Together giving children and young people
a say’, which provides a basis for how best to involve children
and young people in all aspects of the life of the school, with examples
of good
practice. The DCSF has asked Professor Geoff Whitty, from the Institute of
Education in London, to conduct a review of school
councils. The report will
inform the revised guidance by reviewing current practice, identifying drivers
and barriers to change,
providing examples of good practice and making
recommendations about the place of school councils in school decision making and
school
improvement. The final report will be published in summer 2007.
- In
Northern Ireland, there is no formal policy on school councils. However, the
Commissioner for Children and Young People for Northern
Ireland has produced a
guide for schools on the development of school councils called
DemocraSchool. This is in keeping with the promotion of the greater
participation of young people in both their formal and non formal education
and
is fully supported by the Department of Education. The report was launched by
the Minister for Education in May 2007
- The
Government has supported and funded School Councils UK (SCUK) to promote
and facilitate effective structures for pupil participation
in every school.
Over 160 education professionals have been trained on the SCUK Training the
Trainers programme, a national training standard for school councils. SCUK
produces resources for teachers and pupils who are involved in
setting up and
developing school councils, including toolkits, videos, posters, badges and a
School Councillor Handbook. These resources
are used in over half of UK schools.
SCUK also facilitates a national Network of over 2,500 school councils that
links students and
teachers, enabling the sharing of ideas, supporting each
other and celebrating success.
- Recent
school monitoring surveys by the Qualifications and Curriculum Authority, and by
the National Foundation for Educational Research,
reported that 96% and 73%,
respectively, of secondary and primary schools were operating a school council.
- Since
1999 the UK Government has introduced into law a number of requirements
regarding the views and participation of children in
schools in England
including:
- The Education
and Inspections Act 2006, which provides that a governing body must have a
school behaviour policy, and requires them
to consult pupils before making or
revising that policy;
- The Education
Act 2002, which provides that guidance relating to duties performed by the local
authority must provide for pupils’
views to be considered in light of
their age and understanding;
- The Education
Act 2005, which requires inspectors to have regard to views of registered pupils
when conducting school inspections.
- In
other educational institutions, new regulations are being introduced to ensure
that there at least two student governors for every
Further Education college in
England.
- Participation
by children in pupil or student councils in Scotland is at a relatively low
level of frequency. While 87% of schools
have pupil councils (90% of primary,
95% of secondary and 36% of special schools), only around 6% of school
pupils in Scotland say
that they attend councils at least once every couple of
months. This doubles to 12% of 1725 year olds. To help address this, the
Scottish Executive published in December 2006 an introduction to good practice
exploring what teachers, school communities and education
authorities are doing
to promote children’s participation in decisionmaking and school life,
including pupil councils.
- Further
information on advocacy and legislative safeguards for looked after children can
be found in Chapter V.
Children participating in court proceedings
- Following
on from the Thompson & Venables case in 1993, the Practice Direction
(Crown Court: Young Defendants) [2000] 1 WLR was issued, covering England
and Wales. The overriding principle of the Practice Direction was that the trial
process
should not expose juvenile defendants to avoidable intimidation,
humiliation or distress. The Practice Direction directed that the
trial should,
if practicable, be held in a courtroom in which all the participants are on the
same or almost the same level. A juvenile
defendant should normally, if he
wishes, be free to sit with members of his family or others in a place which
permits easy, informal
communication with his legal representatives and others
with whom he wants or needs to communicate. A new Consolidated Criminal
Practice
Direction was issued in April 2007. The new Practice Direction takes
account of the ECHR case of SC vs. UK and the amendment by the
Police and
Justice Act 2006. It requires the court to take account of the defendant’s
age and maturity and of his or her ability
to understand what is going on when
making arrangements for trial.
- A
key aspect of the Children Act 1989, covering children in England and Wales, is
the emphasis that it places on ascertaining the
wishes and feelings of children
who are the subject of family court proceedings concerning the upbringing of
children. In practice,
this responsibility is fulfilled in part by the Children
and Family Court Advisory and Support Service (CAFCASS & CAFCASS Cymru
in
Wales), whose functions include the safeguarding and promotion of the welfare of
children and the making of provision for them
to be represented in proceedings
in which they are parties. While, in the past, children who are the subject of
‘private law’
proceedings, initiated in the main by parents
following divorce or separation, have not been parties in the proceedings, since
2004,
the number of children who are separately represented in such cases has
more than doubled (to about 1,200 cases a year). In addition,
both CAFCASS and
CAFCASS Cymru have placed increased emphasis on ensuring that children are
engaged with directly by their staff,
and that their views are represented to
the court. To this end, CAFCASS has appointed a Children’s Rights Director
focused
on those children who come into contact with CAFCASS and the family
courts, who has overseen, in 2007, the publication of a ‘Views,
Wishes and
Feelings’ pack, intended for use by CAFCASS staff in working directly with
children. These developments are strongly
supporting the improved delivery in
practice of the requirement set out in the Children Act 1989, that the courts
shall have particular
regard to the ascertainable wishes and feelings of the
child.
- In
Scotland, the Children (Scotland) Act 1995 specifies the child’s
12th birthday as the age at which a child is presumed to be of
sufficient age and maturity to form a view, but the court can and does
take into
account the views of children younger than this. For example, in family court
actions a court should give a child the opportunity
to express views on the
matter the court is being asked to determine and to have regard to the views
expressed. Most concerns about
the welfare or behaviour of children in Scotland
are dealt with through the Children’s Hearings System which is designed to
protect and support children. One of the overarching principles that apply to
decision making in Children’s Hearings is that
the child has a voice. In
determining
- what
action is in the child’s best interests, children’s panel members
are required to seek and actively to consider the
views of children, taking
account of the age and maturity of the child concerned.
- The
Criminal Evidence (Northern Ireland) Order 1999 introduced provisions to assist
and protect vulnerable or intimidated witnesses,
including children, covering:
screening witness from the accused; evidence by live link; evidence given in
private; video evidence;
and aids to communication.
Giving weight to children and young people’s views
- The
research carried out with children and young people in England on the UNCRC
found that children of all ages wanted to be informed
and involved in
decisionmaking concerning their families, education, care and politics.
- The
UK Government and the devolved administrations have put in place
children’s champions, and have supported the development
of structures and
organisations which highlight young people’s views and interests at the
national level. Specifically, following
the Children Act 2004, England
joined Scotland, Northern Ireland and Wales in appointing Children’s
Commissioners, whose functions
include promoting awareness of the views of
children.
- The
UK Government supports and provides funding to a variety of organisations which
enable young people to engage with decisionmakers.
The UK Youth Parliament is
given core, participation and regional funding by the Government to enable young
people in England aged
1118 to have a voice. 90% of local authorities are
currently represented in the UKYP. In Scotland, there is both a Scottish Youth
Parliament and a Children’s Parliament, which support children and young
people aged 925 to engage in democratic processes
and debates. In Wales, the
Welsh Assembly Government helped to set up, and funds, the Children and Young
People’s Assembly
for Wales (known as Funky Dragon), which has now been in
existence for 3 years. Children and young people from Funky Dragon meet
annually
with Assembly Government ministers to put their questions and concerns.
- In
Northern Ireland, there has been progress in relation to young people’s
involvement at local council level. For example,
Shadow Youth Councils have been
developed in Fermanagh and Belfast. In addition, the Department of Education has
produced a Strategy
for the Delivery of Youth Work in Northern Ireland.
Participation is one of four key themes within the strategy, in relation to
which
the Government’s priorities are to play an active role in developing
an inclusive forum of young people to advise the Northern
Ireland Office (NIO)
and Northern Ireland Assembly on policies and practices affecting young people;
provide an interface for young
people with political representatives, political
structures and public bodies; and research the views of young people on key
issues
and polices affecting them, on a regular basis. Children and young people
were also involved in the first and subsequent processes
to appoint the
Commissioner for Children and Young People for Northern Ireland.
- A
Children and Youth Board has been in operation in England since 2004. This
consists of 25 children and young people aged 819 who
work directly with
Ministers and officials on policy development, work that included the
appointment of the first Children’s
Commissioner.
- Similarly,
in 2003, the Welsh Assembly Government established a participation project
designed to build children and young people’s
participation in decisions
which affect their lives into its own internal processes.
- The
UK Government has consulted closely with children and young people on the
construction of major policy developments relating to
them. For instance, 19,000
young people responded to the Youth Matters proposals, and over 5,000 young
people in care responded to
the consultation on Care Matters. Both of
those key policies had extensive consultations with children and young people,
including dedicated children’s versions
and separate publications of their
responses. In Scotland, over 2,500 young people responded to the recent Youth
Work Strategy consultation.
- In
Wales, development of a national advocacy service has been informed by
consultation with over 1,000 children and young people,
whose views have been
included in the new service model currently out to consultation. In addition,
work to develop a National Youth
Work Strategy has taken place in two phases,
both involving young people. Over 200 young people responded to the initial
“conversation”
about the shape of the youth service. This was
followed by more indepth work with young people in five local authority areas,
to
inform the draft strategy. Young people have also been involved in preparing
a young people’s version of the final Strategy.
- Chapter
VII provides further information on young people’s participation in
decision making processes on issues such as positive
activities, at a local
level.
B. National programmes
Nondiscrimination (art. 2)
Organisations supporting and leading nondiscrimination
work
- Three
organisations in particular are currently responsible for leading work on
discrimination affecting children and adults in England,
Wales and
Scotland.
- The
Equal Opportunities Commission (EOC) is an independent, nondepartmental public
body established in 1975 to eliminate sex discrimination
in Great Britain.
Specific statutory duties of the EOC include the promotion of equality between
men and women, and children of both
sexes generally and the promotion of
equality for persons undergoing, having undergone, or intending to undergo
gender reassignment.
- The
Disability Rights Commission (DRC) is an independent body established in
April 2000 by Act of Parliament to stop discrimination
and promote equality
of opportunity for disabled people.
- The
Commission for Racial Equality (CRE) tackles racial discrimination and promotes racial equality,
including through the provision of guidance to schools and other public bodies
in their work with children.
- From
October 2007, a new Commission for Equality and Human Rights (CEHR), established
by the Equality Act 2006, will bring together
the functions of the three
existing key bodies. The CEHR will also for the first time provide institutional
support tackling discrimination
on grounds of age, religion or belief and sexual
orientation. The CEHR will be addressing the equality needs of children as part
of its Strategic Plan.
- Legislation
to create a Scottish Commission for Human Rights was passed by the Scottish
Parliament in November 2006. Its overall objective
will be to promote
understanding and awareness of, and respect for, human rights including those
set out in the UNCRC. The Commission
will be able to advise the Parliament on
legislation and be able to conduct inquiries with legal power to obtain
evidence, including
the power to enter places of detention. The Commission will
also be expected to work closely with the Scottish Children’s Commissioner
on issues of mutual interest.
- The
Northern Ireland Human Rights Commission, an independent statutory body, was set
up in 1999 with a full time Commissioner and
a number of part time
Commissioners. The Equality Commission for Northern Ireland is a public body
with statutory functions which
include working towards eliminating unlawful
discrimination and to promote equality of opportunity on the grounds of
disability,
gender, race, age, sexual orientation, marital status, religious
belief, political opinion and those people with/without dependents.
The Equality
Commission for Northern Ireland is a public body with statutory functions, which
include working towards the elimination
of unlawful discrimination and the
promotion of equality of opportunity on the grounds of disability, gender, race,
age, sexual orientation,
marital status, religious belief, political opinion and
those people with/without dependents. The Commission also has responsibilities
under Section 75 of the Northern Ireland Act in relation to assisting and
guiding public authorities in implementing their statutory
equality obligations
arising from Section 75, and monitoring compliance with the legislation.
The right to life, survival and development (art.
6)
Infant mortality
- The
national health inequalities target seeks to reduce inequalities in infant
mortality and life expectancy in England by 2010. While
infant mortality rates
continue to fall for all social groups, the gap between social groups has
widened since the target baseline
(199799) although this gap no longer appears
to be widening. A review of the target, published in February 2007, shows that
among
the most effective measures for reducing infant mortality in disadvantaged
groups are reducing teenage pregnancy, reducing smoking
in pregnancy, and
improving early antenatal booking rates among the target group. The issues being
tackled, alongside Maternity Matters and other strategies are described
elsewhere in this report. An implementation plan on the review findings is due
to be published
later in 2007.
Antenatal and newborn screening programmes
- The
aims of all antenatal screening programmes in England are to give information to
women and their families to make informed choices.
The programmes include
screening for Down’s Syndrome, foetal anomaly, infectious diseases, Sickle
Cell and Thalassaemia. Early
treatment of identified conditions can reduce
infant deaths and prevent severe disability. For example, sickle cell disease
screening
is identifying around 300 affected babies a year.
- Antenatal
Screening Wales manages the Antenatal Screening Programme in Wales, which
includes screening for Down’s Syndrome,
infectious diseases, and inherited
conditions of red blood cells. Antenatal Screening for Sickle Cell and
Thalassaemia are also offered
to women with a higher risk of pregnancy or sickle
cell disorder.
- Programmes
in Northern Ireland include screening for foetal anomaly and infectious
diseases. Screening for hearing defects are carried
out within one month of
birth, with around 2530 children with hearing loss being identified each year.
Newborns are screened at less
than 72 hours and again between 68 weeks of life
for vision defects, hip, heart and testes problems. Newborn blood spot screening
is also carried out to identify babies who may have rare but serious conditions.
Early treatment can reduce infant deaths and prevent
severe disability, for
example, cystic fibrosis.
- In
England, access to health services and advice for parents of young children is
available through the growing network of Sure Start
Children’s Centres and
extended schools, bringing services together to help parents more easily meet
their child’s needs.
Similar arrangements exist for the Integrated
Children’s Centres in Wales.
- In
Scotland pregnancy screening aims to enable women and their partners to make an
informed choice about continuing the pregnancy,
or to accept treatment at an
early stage when it is likely to be more effective. Programmes include screening
for HIV, Down’s
syndrome, neural tube defects, hepatitis B, syphilis and
Rubella. The newborn programme includes screening for Phenylketonuria,
Congenital
Hypothyroidism and Cystic Fibrosis. In December 2005, Universal
Newborn Hearing Screening (UNHS) was in place across Scotland.
Child immunisation
- The
National Service Framework (NSF) for Children, Young People and Maternity
Services for England reinforced the importance of following up children who
failed to attend for a scheduled immunisation. It set out the need
for contacts
with children and young people to be used as a basis to check immunisation
status and provide immunisation opportunistically.
In Wales, the Childhood
Immunisation Programme is the same as in England. The NSF for Children, Young
People and Maternity Services in Wales contains specific standards for the
universal services which all children and young people in Wales should receive
in order to achieve
optimum health and well being.
- Important
changes to the Childhood Immunisation Programme were introduced in 2006 in
Scotland, including the introduction of a new
vaccine to protect against
pneumococcal infection; a pneumococcal vaccination catchup programme; amending
the MenC vaccination schedule
to give two doses of vaccine in the first year of
life, and a booster dose in the second year; and the addition of a booster dose
of Hib vaccine in the second year of life. To support the new changes to the
childhood immunisation schedule, NHS Health Scotland
has produced a range of
information resources. New leaflets and factsheets, for all those involved in
advising about immunisation
or affected by it, including health visitors and
practice nurses were widely distributed and this activity was further supported
by a television and radio publicity campaign.
- In
the long term the UK aims to achieve immunisation rates of 95% (or higher) for
all routine childhood vaccinations.
Accident prevention
- Accidents,
predominantly road accidents, are one of the leading causes of death for
children in the UK. In 2005, 28,126 children aged
015 were injured in road
accidents in Great Britain against the average for 19941998. In addition to
continuing road safety campaigns
(including communication directed at children,
work with schools and stricter controls for drivers), a strategy for
safeguarding
children and young people in England, Scotland and Wales was
launched in February 2007. A Child Safety Action Plan for Scotland covering
all
forms of accidental injury is also being taken forward by The Royal Society for
the Prevention of Accidents and the Child Accident
Prevention Council as part of
a European Child Safety Alliance initiative.
- In
November 2002 in Northern Ireland, Government launched the Northern Ireland Road
Safety Strategy 20022012. The strategy contains
26 action measures aimed
specifically at children, including educating children to behave safely on the
road and making home to school
travel safer. In 2005, 129 children aged 015 were
killed or seriously injured in collisions in Northern Ireland. This represents
a
reduction of 48% against the average for 19962000.
C. Statistics and resources
- Further
statistical information related to this chapter is available in Annex
1.
D. Factors and difficulties
Tackling inequalities in infant mortality
- A
particular challenge affecting children is the continuation of a social
classrelated gap in infant mortality rates. While all classes
have benefited
from the sharp reduction in infant mortality rates across the past generation,
efforts to ensure that classrelated
differences are reduced have had only
limited success. This is why in England the development of public services has
been on the
principle of ‘progressive universalism’, the idea that
access to key public services should be available to all, but
those with greater
needs should be actively targeted with specific additional help.
- In
Scotland the principle is exemplified in the implementation, by the end of 2007,
of the Health for All Children (Hall 4) recommendations.
Hall 4 is based on the
principle of universal access to NHS services, but recommends that the way in
which those services are delivered
must be tied much more closely to the
identified need.
Discrimination and community cohesion
- Considerable
progress has been made during the period since the previous report, with
particularly robust action having been taken
to tackle race inequality and to
increase community cohesion. Despite this, there are still too many communities
who experience disadvantage
in comparison to the rest of society. Narrowing the
gaps between these communities and others will require longer term concerted
action, involving both government and citizens.
CHAPTER IV. CIVIL RIGHTS AND FREEDOMS
(arts. 7, 8, 1317 and 37 (a))
- Core
civil rights and freedoms for children and young people in the UK are those set
out in the European Convention on Human Rights,
which are enshrined in UK law
through the Human Rights Act 1998. In addition, the UK Government has set in
place, and keeps under
review, a range of measures to provide additional
protection for the rights and freedoms of children.
A. Concluding observations followup
Name, nationality and preservation of identity
CRC/C/15/Add.188:
para. 32:
In light of articles 3 and 7 of the Convention, the Committee recommends
that the State party take all necessary measures to allow
all children,
irrespective of the circumstances of their birth, and adopted children to obtain
information on the identity of their
parents, to the extent possible.
|
- All
births in the UK have to be registered, so that every child has a name and a
claim to nationality within 42 days of birth. In
England and Wales prior to the
Adoption and Children Act 2002, adults adopted as children had been able to
apply to the Registrar
General for their original birth certificate and to their
adoption agency for access to information about their family history at
the
agency’s discretion. Adults adopted as children and adult birth relatives
of children adopted before 30 December 2005 are
now also able to request a
regulated intermediary service to trace their relatives and to facilitate
contact. Adults adopted as children
are able to register a veto with the
adoption agency where they have no wish for contact or to be approached by an
intermediary agency
in relation to contact with birth relatives, or to specify
that they only wish to be approached in particular circumstances.
- For
adoptions that took place after 30 December 2005, the adoption agency is now the
main gateway for access to information, including
birth information (which the
adopted person may only require from the adoption agency as of right when they
reach the age of 18).
An increasing proportion of adoptions now involve very
vulnerable children who were placed into the care system as a result of abuse
or
neglect by their birth families. The new legal framework also reflects the
increased culture of openness in adoption practice
but also restricts the
disclosure of information identifying individuals, recognising that checks and
balances are essential to safeguard
all concerned.
- For
children conceived from sperm donations, the (Human Fertilisation and
Embryology) Disclosure of Donor Information Regulations
2004 gave access to
identifying information about their donor to those conceived from donations made
from 1 April 2004. Donors who
donated before that time can opt to become
identifiable. Donorconceived individuals aged 18 or older can apply to the Human
Fertilisation
and Embryology Authority (HFEA) for this information, which HFEA
holds on its register. For donorconceived children born before the
HFEA’s
register began, the Department of Health funds a voluntary contact register,
where links between donors, donorconceived
people and half siblings can be
sought through DNA testing.
Torture or other cruel, inhuman or degrading
treatment
CRC/C/15/Add.188: para.
34:
The Committee urges the State party to review the use of restraints and
solitary confinement in custody, education, health and welfare
institutions
throughout the State party to ensure compliance with the Convention, in
particular articles 37 and 25.
|
- The
UK has reviewed the use of restraints and solitary confinement to ensure they
are not used unless absolutely necessary. In 2006,
the Youth Justice Board for
England and Wales issued a code of practice on Managing Children and Young
People’s Behaviour in the Secure Estate. This made clear that young
people should be removed from their normal location only if their continued
presence would be a threat
to the good order or discipline of an establishment
or if the removal would benefit the young person in bringing their behaviour
under control. Under the Code, restrictive physical intervention may only be
used as a last resort, carried out with minimum force
for the shortest duration
possible; there must be clear links between physical intervention policy and
child protection procedures.
- In
Scotland, it is policy that children should not be restrained or held in
solitary confinement unless absolutely necessary for their
own safety, or the
safety of others. To help facilitate this, the Executive supported the
publication in 2005 of Holding Safely A Guide for Residential Child Care
Practitioners and Managers about Physically Restraining Children and Young
People by the Scottish Institute for Residential Child Care.
- In
Northern Ireland, the Education (Northern Ireland) Order (1998) authorises
school staff to use reasonable force to restrain or
control pupils in certain
circumstances, notably in a situation where the pupil is likely to cause serious
harm to themselves, to
other pupils, school staff or school property. In
addition, all staff in the Juvenile Justice Centre in Northern Ireland who work
directly with children complete Therapeutic Crisis Intervention training to give
them the skills to deescalate volatile situations
without physical restraint.
Corporal punishment
CRC/C/15/Add.188: para.
38:
The Committee recommends that the State party:
(a) With urgency adopt legislation throughout the State party to remove
the “reasonable chastisement” defence and prohibit
all corporal
punishment in the family and in any other contexts not covered by existing
legislation;
(b) Promote positive, participatory and nonviolent forms of discipline
and respect for children’s equal right to human dignity
and physical
integrity, involving children and parents and all those who work with and for
them, and carry out public education programmes
on the negative consequences of
corporal punishment.
|
- Under
UK law no one may be subjected to torture, inhuman or degrading treatment or
punishment. Corporal punishment is unlawful in
all schools and children’s
homes.
(a) Reasonable punishment
- Section
58 of the Children Act 2004, which covers the English and Welsh jurisdictions,
abolished the defence of reasonable punishment
for offences charged as assault
occasioning actual bodily harm, grievous bodily harm or cruelty to children. The
UK Government took
the view that it would be inappropriate potentially to
criminalize responsible parents by removing the defence in cases of common
assault, which in English and Welsh law need not result in any kind of injury to
be an unlawful act. At the same time as removing
the defence for assault
occasioning actual bodily harm, the Director of Public Prosecutions issued
revised guidance to prosecutors,
requiring circumstances such as the relative
disparity between alleged assailant and victim, to be taken into account when
considering
the initiation of prosecutions. The Government made clear it would
review the practical consequences of these changes to the law
two years after
its commencement: the review has now (June 2007) been launched and is expected
to be concluded later in 2007. The
Welsh Assembly Government has already
committed itself to supporting a ban on physical punishment of children and has
funded publication
of a booklet Help in Hand given to all new parents
that advises on positive ways of dealing with behaviour and avoiding smacking.
- Article
2 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order (2006)
which replicates section 58 and provides for
the restriction of the defence of
reasonable chastisement to the summary charge of common assault and precludes
the use of the defence
in civil proceedings where the harm alleged amounts to
actual bodily harm. As in England and Wales, Article 2 is underpinned with
prosecutorial guidance. The direct rule administration under the Secretary of
State considered that Article 2, coupled with the prosecutorial
guidance and the
ongoing work on positive parenting, offers the best prospect of securing real
and significant change on the ground
in terms of the use of alternative methods
of discipline. An information campaign has been initiated to increase
parents’ awareness
of the alternatives to physical punishment and
encourage professionals to highlight alternatives. Guidance has been issued to
professional
groups within the Health and Personal Social Services (HPSS) on the
change of law and the importance of promoting positive parenting
initiatives. A
short booklet has issued for parents, entitled “Top Tips for Parents:
Your Guide to Positive Parenting”, which sets out ways of managing
behaviour and identifies sources of help and support. The legislation is
currently subject
to a Judicial Review brought by the Commissioner for Children
and Young People for Northern Ireland.
- In
2003, changes to the law in Scotland relating to the physical punishment of
children were brought about following detailed public
consultation and thorough
Parliamentary scrutiny. Section 51 of the Criminal Justice (Scotland) Act 2003
prescribes a test which
the Scottish Courts must apply when considering whether
the physical punishment of a child was justified. The section further sets
out
the circumstances when such punishment is never reasonable. The Scottish
Executive produced a booklet; Children, physical punishment and the law
which both explained the changes in law to parents and encouraged positive
discipline and parenting. This leaflet is designed as
an information tool and a
deterrent to the use of physical punishment.
(b) Promotion of positive, participatory and nonviolent forms
of discipline
- Since
2002 in Wales and 2003 in England, corporal punishment has been explicitly
prohibited in all registered childcare settings in
which young children under
the age of 8 are cared for, including by childminders on domestic premises. The
Education and Inspections
Act 2006, covering England and Wales, includes a
chapter of law on school discipline, clarifying and strengthening schools’
powers to discipline pupils, and introducing measures to enforce parental
accountability and improve arrangements for excluded pupils.
- The
UK Government encourages nonviolent parenting by supporting positive parenting,
especially through the Sure Start programme and
projects to help first time
mothers. It is building on this work through the creation of a National Academy
for Parenting Practitioners,
which from autumn 2007, which will play a key role
in improving practice, training and support for the parenting workforce.
- The
Government is investing £70 million over 2 years from April 2006 to fund
new measures related to supporting parents. Positive
parenting is also actively
promoted by the Assembly Government in Wales, which strongly discourages
physical punishment, and which
has taken steps to inform parents about
alternatives to physical discipline. The Scottish Executive has produced
information for
parents to explain the law and encourage the use of positive
discipline. In Scotland, physical punishment by childminders and in
nonpublicly
funded preschool centres was banned by regulations under the Regulation of Care
(Scotland) Act 2001.
- In
Northern Ireland the prohibition on using corporal punishment in education was
extended to independent schools by legislation from
1 April 2003 under the
Education and Libraries (Northern Ireland) Order (2003). Corporal punishment is
now outlawed in all schools,
both grant aided and independent. The Department
for Health, Social Services and Public Safety has issued a ‘Safe Parenting
Handbook’ which advises parents on how to discipline children effectively
and safely. The Department of Education will also
be consulting with key
stakeholders on introducing legislation that will prohibit the use of physical
punishment by childminders.
B. National programmes update
Name and nationality
- All
births in the UK are required to be registered within 42 days of birth, so that
every child has a name and nationality. Where
there is a question over
paternity, the British Nationality (Proof of Paternity) Regulations 2006 specify
the means by which paternity
can be established. The regulations state the
person must be named as the father of the child in a birth certificate issued
within
one year of the date of the child’s birth; or the person must
satisfy the Secretary of State that he is the father of the child.
This may
be done by way of any evidence which he considers to be relevant, including, but
not limited to, DNA test reports and court
orders.
- The
Adoption & Children Act 2002 amends the British Nationality Act 1981
to allow for the automatic acquisition of British citizenship where the adopter
is a British
citizen and both adopters are habitually resident in the United
Kingdom. Minors born in the UK on or after 30 April 2006 to a European
Economic Area (EEA) or Swiss National parent who has, by the time of the birth,
been exercising EEA free movement rights in the UK
for a continuous period of at
least 5 years will have an automatic claim to British citizenship. Minors born
in the UK before 30
April 2006 to an EEA or Swiss National parent who has been
exercising EEA free movement rights in the UK for at least 5 years will,
from the end of that period (if on or after 30 April 2006), have an
entitlement to registration.
- The
British Overseas Territories Act 2002 extends British citizenship,
together with the right of abode in the United Kingdom, to people in the
Overseas Territories who qualify
for it. Citizenship can now be acquired by
descent from a parent born in an overseas territory and the registration
provisions for
the children of British citizens by descent were extended to
those with a connection with an overseas territory. Additionally, from
2003 the
British Nationality Act 1981 gave British Overseas citizens, British subjects
and British protected persons an entitlement
to register as British citizens if
they do not have another citizenship or nationality. This can include
children. The Nationality,
Immigration and Asylum Act 2002 Act amended the
British Nationality Act 1981 so that a child applying for registration on the
basis
of statelessness no longer needs to be over the age of 10.
Freedom of expression
- Freedom
of expression under Article 10 of the European Convention on Human Rights (ECHR)
is given effect in UK law under the Human
Rights Act 1998, which applies equally
to adults and children.
- The
Terrorism Act 2006 makes it a criminal offence to publish a statement which
directly or indirectly incites or encourages others
to commit acts of terrorism
or certain specified offences. The government has produced a separate code of
practice for the detention,
treatment and questioning of persons arrested under
terrorism provisions, ensuring that when police interview anyone under the age
of 17, the wellbeing and rights of the interviewee are given the highest
priority, and the interviewee must be accompanied by an
appropriate
adult.
Freedom of thought, conscience and religion
- Article
9 of the ECHR, which provides for the right to freedom of thought, conscience
and religion, is given effect in UK law by the
Human Rights Act 1998. This
guarantees that people (including children) in the UK can think what they want
and can manifest their
religious beliefs. Maintained schools in England are
required to provide religious education. For most maintained schools, the
syllabus
is determined by the local Standing Advisory Council on Religious
Education (SACRE), and has to be ‘wholly or mainly Christian
in
character’ while taking account of the other principal religions in Great
Britain. For voluntaryaided schools with a religious
character, the governors of
the school set the religious education syllabus in accordance with the tenets of
the school. All maintained
schools are also required to provide daily collective
worship. Parents of children attending any maintained school retain the right
to
withdraw their children from religious education and daily collective worship.
Pupils aged 16 or older can exempt themselves from
collective worship or opt in,
even if their parents object.
- All
grantaided schools in Northern Ireland are required to provide collective
worship and Religious Education (RE) in accordance with
the core syllabus
specified by the Department of Education. Legislation provides that the
Department can only specify a core syllabus
that has been prepared and agreed by
a specially appointed drafting group, comprised of the four main churches (Roman
Catholic, Church
of Ireland, Presbyterian and Methodist). Based on this core
syllabus, schools are then free to build upon it in a way that suits
the needs
of their pupils and the ethos of the school. Parents have the right to withdraw
their child from part or all of RE teaching
and collective worship.
- The
Equality Act 2006 requires educational establishments, apart from publicly
funded faith schools, not to discriminate against a
pupil on grounds of religion
or belief by affording or refusing access to any benefit, facility or service,
or subjecting him or
her to any detriment. Unlike all other publicly funded
schools, faith schools can refuse entry on the grounds of religion or belief.
The Education and Inspections Act 2006 requires English local authorities to
have regard to religion or belief in organising travel
provision.
- Freedom
of religious expression allows any member of a church or faith to practise their
religion. None of the world faiths or the
use of any language are prohibited in
Scotland. The One Scotland Many Cultures campaign promotes the value of a
diverse Scotland. The Education (Scotland) Act 1980 imposes a statutory duty on
local authorities
to provide religious education and religious observance in
Scottish schools. Scottish Ministers believe that religious and moral
education,
complemented by religious observance, makes an important contribution to the
personal and social development of our children
as informed and responsible
citizens. The aim of religious and moral education in Scotland is to recognise
religion as an important
expression of human experience; appreciate moral values
such as honesty, liberty, justice, fairness and concern for others. Parents
have
a legal right to withdraw their children from religious and moral education and
religious observance. Where a child is withdrawn,
schools should make suitable
arrangements for the child to participate in a worthwhile alternative activity.
Freedom of association and of peaceful assembly
- In
England and Wales, the AntiSocial Behaviour Act 2003 includes powers for the
police to deal with antisocial behaviour, to disperse
groups of people of any
age who are causing intimidation, harassment, alarm or distress to others and to
return young people under
16 who are unsupervised in public places after 9 pm to
their homes. These powers are limited to areas where antisocial behaviour
is a
problem. A similar power of dispersal was introduced in Scotland through the
Antisocial Behaviour etc (Scotland) Act 2004. Police
have the power to disperse
where groups are causing alarm or distress, but not to return children
home.
Protection of privacy
- In
its concluding observations on the UK’s last report, the Committee made
particular points about the privacy of children in
conflict with the law, which
are addressed in chapter VIII of this report.
- In
Northern Ireland, in all criminal cases, a child’s right to privacy is
protected under statute unless disclosure is deemed,
by the court or the
Secretary of State, to be in the public interest. The civil (rather than
criminal or penal) process under which
antisocial behaviour orders operate also
provides courts with the discretion to apply reporting restrictions in cases
involving children.
Reporting restrictions may also be imposed in cases
involving adult offenders where there is a risk of children and other vulnerable
witnesses and victims being identified.
Access to appropriate information
- The
Freedom of Information Act 2000 came into force on 1 January 2005 and applies to
all public authorities that are listed in the
Act. It provides for the right of
wide general access to information held by those authorities subject to clearly
defined exemptions
and conditions. The Act applies to England, Wales and
Northern Ireland. The Freedom of Information (Scotland) Act 2002 makes
similar
provisions for Scotland.
- The
Northern Ireland Office (NIO) has funded a childfocused and childfriendly
website, www.littlebookofstuff.org, which
went live at the beginning of January 2007, to provide all children within
Northern Ireland with easy access to a wide range
of information and in
particular to signpost children to the many services available to them and
places to go if they are worried
or in trouble.
- When
asked in the Youth Matters Green Paper how they would like to receive
information, young people’s top two answers were facetoface and through
the Internet.
Research commissioned by DCSF to support this report shows that
most young people receive information about what’s going on
in the world
from television (90%), newspapers and magazines (59%) and radio (47%). Family
and friends were the next most important
sources, cited by 44 per cent
and 40 per cent of respondents respectively.
- The
work of the UK Government to support libraries is described in chapter VII of
this report. Inappropriate material on the internet,
including child pornography
and use of the Internet for child abuse, is covered in chapter VIII.
The right not to be subjected to torture or other cruel,
inhumane or degrading treatment or punishment, including corporal punishment
- Please
refer to paragraphs 5 to 15 above.
C. Statistics and resources
- The
largescale online survey of children, commissioned by DCSF to support this
report, found that 83% of respondents felt that their
privacy is respected
always or most of the time. Views about privacy change with age with 60% of
under12s reporting that they always
have privacy compared with 35% of 1617 year
olds. However, children’s and young people’s view on respect for
privacy
in schools and colleges was less favourable.
- However,
many young children reported watching TV in their bedrooms late at night without
their parents knowing, some appearing to
have been quite disturbed by images
they had viewed. Within the school environment, participants reported strict
controls enforced
on Internet usage. Many found them overrestrictive, In
addition, a very high percentage of young people believe that the media
represents
them as antisocial and as a group to be feared but hardly ever as a
group to be trusted.
- Further
statistical information related to this chapter is available in Annex
1.
D. Factors and difficulties
- There
are some key competing tensions in areas covered by this chapter including:
- Minimising the
use of restraint in secure settings, but keeping it as a measure of last resort
for the safety of the children themselves
and those around them;
- Constraining
physical punishment and promoting alternative forms of discipline whilst
respecting parents’ judgement about appropriate
discipline for their own
children;
- Balancing young
people’s right to peaceful assembly with legitimate concerns, including
those of young people, about community
safety.
CHAPTER V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(arts. 5, 911, 18 paras. 1 and 2, 1921, 25, 27 paras. 4, and
39)
- The
UK Government and the devolved administrations believe that every child should
enjoy a supportive, nurturing home environment
regardless of their
circumstances, and have worked to give full effect to the Convention rights to
that end. In its response to the
UK’s 1999 report, the Committee drew
particular attention to the need to strengthen arrangements for safeguarding
children
from abuse and neglect.
- This
is at the heart of the Every Child Matters programme in England, described in
Chapter I, which is matched by parallel strategies
in each of the other
nations of the UK. Every Child Matters, which relates to England,
was originally published In September 2003, following Lord Laming’s
report into the death of Victoria Climbié, which
emphasised the
importance of close working across organisational boundaries.
A. Concluding observations followup
Violence/abuse/neglect/maltreatment
40. In line with its
previous recommendations (ibid., para. 31) and in light of
articles 3, 6, 12, 19 and 37 of the Convention, the Committee
recommends that the State party:
(a) Introduce a system of statutory child death inquiries;
(b) Develop a coordinated strategy for the reduction of child deaths as
a result of violence and the reduction of all forms of violence
against
children;
(c) Ensure consistent legislative safeguards for all children in
alternative care, including those who are privately fostered;
(d) Carry out largescale public education campaigns and programmes,
including through the schools, aimed at reducing child deaths
and child abuse
with information on the role of statutory and other services in protecting
children;
(e) Establish effective procedures and mechanisms to receive, monitor,
investigate and prosecute instances of abuses, illtreatment
and neglect,
ensuring that the abused child is not victimized in legal proceedings and that
her/his privacy is protected;
(f) Record in the British Crime Survey all crimes committed against
children;
(g) Provide for the care, recovery and reintegration of
victims;
(h) Strengthen the reporting system, through full support for the
confidential centres for abused children, and train teachers, law
enforcement
officials, care workers, judges and health professionals in the identification,
reporting and management of cases of
illtreatment.
|
(a) Introducing a statutory requirement for child death
inquires
- In
England, from 1 April 2008 each Local Safeguarding Children Board (LSCB) will be
required by law to carry out the following two
interrelated functions relating
to child deaths:
- A rapid response
by key professionals working together to enquire and evaluate every unexpected
child death; and
- An overview of
all child deaths, to be undertaken by a panel of professionals working in the
LSCB area.
- Either
of these processes can also trigger a Serious Case Review (SCR), which is
carried out in circumstances where abuse and/or neglect
is known or suspected to
be a factor in the death of, or serious injury to, a child. Chapter 8 of
Working Together to Safeguard Children sets out the criteria for
undertaking a SCR and explains their purpose in learning lessons in order to
improve interagency practice
so that the welfare of children is safeguarded and
promoted.
- Local
authorities across the UK have long been expected to undertake a form of review
where a serious incident has occurred and abuse
and neglect are considered to be
a factor. From April 2006, the carrying out of these reviews in England and
Wales has become the
statutory responsibility under the Children Act 2004, of
Local Safeguarding Children Boards (LSCBs).
- The
Welsh Assembly Government has asked the National Public Health Service (NPHS)
for Wales to undertake a feasibility study on how
child death inquiries might be
taken forward in Wales. A detailed options and costing study is being undertaken
during 200708, and
because of the scale of the task it is likely that a
comprehensive scheme for child death reviews will be introduced, at the
earliest,
in 200809.
- In
Northern Ireland, a Child Death Review Protocol has been developed which
outlines the responsibilities of statutory agencies and
professional staff when
dealing with the sudden or unexpected death of a child. The Protocol was drafted
by a multidisciplinary regional
working group and a period of widespread
consultation has ended. It is anticipated that the final document will be
published later
in 2007.
- The
Scottish Executive has recently issued revised guidance to child protection
committees on how to conduct a Significant Case Review,
following a consultation
on this topic. The guidance sets out criteria and suggested timelines and other
operational advice on when
and how and with whom a review should take place in
the event of the death of a child or a series of concerning incidents about that
child.
(b) Coordinated strategy for the reduction of child as a result
of violence and all forms of violence against children
- Under
sections 11 (in England) and 28 (in Wales) of the Children Act 2004,
organisations have a general duty to safeguard and promote
the welfare of
children. Organisations covered by the section 11 duty include: local
authorities, police, probation service, National
Health Service bodies
Connexions service, youth offending teams, Governors/Directors of Prisons and
Young Offender Institutions,
Directors of Secure Training Centres and the
British Transport Police. Section 11 works in practice through Local
Safeguarding Children
Boards (LSCBs), which were established in each local
authority area in April 2006. LSCBs coordinate the work of local partner
organisations
to safeguard and promote the welfare of children and to ensure
that the work of each partner is effective in this respect. To ensure
that the
system for vetting and barring of those working with children is robust, a new
vetting and barring scheme is being introduced
by the Safeguarding Vulnerable
Groups Act 2006 in England and Wales and in Northern Ireland by the Safeguarding
Vulnerable Groups
(Northern Ireland) Order 2007.
- The
Domestic Violence, Crime and Victims Act 2004 introduced new powers and
amendments to existing ones to strengthen the safeguards
for victims and their
children.
- We
also clarified the definition of ‘harm’ in the Children Act 1989 (as
amended by the Adoption and Children Act 2002).
This makes it clear that when a
court is considering whether a child has suffered, or is likely to suffer harm,
it must consider
harm that a child may suffer, not just from domestic violence,
but from witnessing it. Revised forms (commonly known as ‘Gateway’
forms), for applications for child contact and residence were also introduced on
31 January 2005. Courts are now required to consider
whether any incidents
of domestic violence not just from direct violence but also from witnessing
violence toward another has had
an adverse impact on the child, or might affect
the child in the future.
- In
March 2005 the Government published its National Domestic Violence Delivery
Plan for England. It is a CrossGovernment action plan that focuses on
ensuring a clear and consistent, multiagency approach to understanding and
supporting
victims of domestic violence and reducing instances of domestic
violence, through a range of initiatives. The plan includes key work
objectives
which focus on increasing the early identification of and intervention with
children and young people who are affected
by domestic violence.
- An
effective strategic framework to tackle the complex issues associated with
children affected by domestic violence has included
specific elements focused on
identifying children at risk, putting in place appropriate support services, and
ensuring interagency
working to safeguard and promote the welfare of children.
Domestic violence issues are adequately reflected in the Every Child Matters:
Change for Children programme, and domestic violence has now been included
within the common assessment framework.
- The
April 2006 revision of Working Together to Safeguard Children: A guide to
interagency working to safeguard and promote the welfare of children has
taken place and the document now includes guidance on issues such as domestic
violence, forced marriage and female genital mutilation.
It reinforces the need
for agencies to collaborate closely when investigating these issues.
- The
Government in England is currently developing a new crossgovernment strategy on
safeguarding children and young people to ensure
that government work is
coordinated. The forthcoming consultation document Staying Safe will set
out a strategy for Government to work with parents, children and young people
and the wider community to raise awareness
and understanding and enable everyone
to play a role in keeping children safe from harm.
- The
Cross Government Action Plan on Sexual Violence and Abuse (published in
2007), also referred to in Chapter VIII, sets out a range of measures intended
to support victims and to maximise the
prevention of all forms of sexual abuse.
The Plan recognises that sexual abuse is a form of violence which affects
children and which
needs to be tackled. Linked to this, the Review of the
Protection of Children from Sex Offenders (also published in 2007)
sets out steps which the Government will take (in England and Wales) to
improve the management of child sex offenders in the community
and help ensure
the protection of the public.
(c) Legislative safeguards for all children in alternative
care, including those who are privately fostered
- In
November 2002, the Government issued statutory guidance for local authorities in
England which set out national standards for the
provision of children’s
advocacy services. The standards provide a framework for the planning and review
of advocacy practice,
and spell out core principles for the delivery of advocacy
services which build on those set out in the UNCRC.
- In
August 2006 the Government published Getting the Best from Complaints
which provided updated guidance for local authorities in England on
implementing new Children Act 1989 regulations relating to services
for
children and young people. The new procedures impose time limits on the making
of representations, timescales for the handling
of representations, and new
requirements on the involvement of independent persons and advocates. These
apply to local authorities
and voluntary organisations which accommodate
children. The accompanying guidance is intended to ensure that authorities and
organisations
have procedures in place which enable the swift resolution of
concerns.
- Section
118 of the Adoption and Children Act 2002 introduced a new statutory role of
Independent Reviewing Officer (IRO) with responsibility
for the process of
reviewing looked after children’s’ cases. Guidance specifying the
role of IROs, issued when the new
IRO role commenced in 2004, specifies that the
IRO is responsible for taking steps so that the child is able to make a
meaningful
contribution to their review so that the plan for their care takes
into account their wishes and feelings.
- In
Wales, national minimum standards for advocacy services were introduced in 2002,
and all local authorities now have service level
agreements with advocacy
providers that meet these standards. In 2004, regulations were made giving to
every child and young person
in need in social care settings a statutory right
to an advocacy service.
- Funding
of £1.32 million has been allocated to the voluntary sector organisation,
Voice Of Young People In Care (VOYPIC) to provide
advocacy arrangements for
children in care in Northern Ireland. Personal advisors are available under the
Leaving and Aftercare legislation.
- For
privately fostered children in England and Wales measures in the Children Act
2004, the Children (Private Arrangements for Fostering)
Regulations 2005, and
the Children (Private Arrangements for Fostering) (Wales) Regulations 2006,
strengthen the existing private
fostering notification scheme under the Children
Act 1989, and provide additional safeguards for privately fostered children. The
UK Government and the Welsh Assembly Government have both published guidance on
the new legislation as well as National Minimum Standards
on Private Fostering
and a guide for Local Authorities on Promoting Awareness of Notification
Arrangements. Under the 2004 Act and
the new Private Fostering Regulations
local authorities must:
- Ensure they have
in place a strategy which actively promotes awareness amongst their
communities of the requirement to notify private
fostering arrangements to the
local authority;
- Check a private
fostering arrangement before a child is placed, where advance notice has been
given; and
- Monitor closely
the operation of the notification scheme, with a view to ensuring compliance
with existing and new duties, and to
appoint an officer for that
purpose.
- In
91% of notified private fostering arrangements that started during 2005 the
household received a visit from a local authority official,
and 51% of these
visits took place within one week of the beginning of the arrangement.
- In
Northern Ireland, all children within and outside of the care system are subject
to the safeguards and protection offered by the
Children Order and other primary
and secondary legislation. Health and Social Services Boards and Trusts are
required by statute
to satisfy themselves that the welfare of children who are
privately fostered within their areas are being satisfactorily safeguarded
and
promoted. The legislation places limits on private fostering and specifies
requirements for children who are privately fostered
to be visited and their
circumstances assessed. The independent Regulation and Quality Improvement
Authority (RQIA) regulates specified
children’s services including
children’s homes. It also reports on Trusts and Boards clinical and social
care governance
arrangements and their performance against the statutory duty of
quality.
- The
Scottish Commission for the Regulation of Care inspects care services including
care homes for children and providers of foster
care services against National
Care Standards. The standards are designed to ensure a high quality and
consistent service for children
and that appropriate safeguards are in place, in
particular by setting out what each individual child in residential care or
foster
care can expect from the service provider.
- The
Scottish Executive has also undertaken considerable activity to ensure the
protection of children in foster care. Funding has
been provided to the
Fostering Network to produce a Code of Practice for Foster Care Recruitment and
£12m has been provided
to local authorities to improve recruitment and
retention of foster carers, and to increase placement choice. With regard to
private
fostering, the Executive has issued information to local authorities and
those who provide private fostering reminding them of their
responsibilities.
The Executive is monitoring the use of this information and its impact and is
considering whether amendments to
the existing legislative framework are
required.
(d) Campaigns and programmes to reduce child deaths and
abuse
- The
UK Government now provides financial support to both the NSPCC (ChildLine) and
to Women’s Aid and Refuge to enable their
respective 24 hour telephone
helpline services to operate in England. The Scottish Executive funds ChildLine
Scotland and has also
recently launched a 24 hour freephone national gateway
service to local child protection service providers. At local level, work
to
ensure the proper coordination of effective measures to safeguard and promote
the welfare of children, including protecting them
from harm, is a key function
of LSCBs in England and Wales and of Child Protection Committees in Scotland.
This work includes communicating
to people and organisations the need to
safeguard and promote the welfare of children, to raise their awareness of how
this can best
be achieved and to encourage them to follow good practice.
- In
England, steps have also been taken to improve awareness of the links between
children and domestic violence. These include the
interagency safeguarding
guidance Working Together to Safeguard Children (2006), and the
publication of Domestic Violence and Children in March 2005, the
latter of which provides guidance and information for schools on children
affected by domestic violence and links
to antisocial behaviour.
- In
Wales, Tackling Domestic Abuse: The All Wales National Strategy was
launched in March 2005. The Strategy gives a clear message about protecting
children and young people, especially those who witness
violence. It provides a
framework for the development of local action and emphasises the need for joint
agency working.
- In
Northern Ireland, a 5 year strategy “Tackling Violence at Home A
Strategy for Addressing Domestic Violence and Abuse in Northern
Ireland” was launched in October 2005. This Strategy acknowledges that
children are often the ‘silent victims’ of domestic violence
and
recognises that their experiences can affect their emotional, psychological,
physical and sexual development. The Strategy identifies
a number of objectives
aimed at supporting children who live in violent homes. Annual Action Plans
translate the strategy’s
principles and aims into practice by setting out
the key actions to be achieved within defined timescales. Recent actions include
the roll out and funding of the Barnardo’s Risk Assessment model; and
funding the evaluation and roll out of NSPCC pilot programmes
to address the
needs of children and families affected by domestic violence. Legislative change
is also anticipated, which will strengthen
the protections available for all
victims of domestic violence and abuse.
- In
Scotland, the Executive has allocated £6m over 2 years, 2006 to 2008, to
ensure a minimum standard of direct support is provided
to children experiencing
domestic abuse. This funding, together with approximately £2m contributed
from local authorities, will
ensure a key worker service in women’s
refuges, whilst also allowing Women’s Aid/local authorities to establish
an outreach
service to children experiencing domestic abuse in the wider
community. The Executive is commissioning research in 2007 to measure
the
effectiveness of this funding in delivering better outcomes for children.
- The
Executive also established the National Domestic Abuse Delivery Group for
Children and Young People, which is taking forward the
delivery of domestic
abuse pathfinder pilot projects focussing on a multiagency response, and the
development of a National Delivery
Plan in 2007.
(e) Monitoring, responding to and prosecuting abuse and neglect
- Children
who are the subject of family proceedings enjoy extensive legal protections
intended to ensure that their privacy is safeguarded,
in recognition of the fact
that many such children are victims of child abuse and neglect. The Government
is consulting on the protection
of the identity of children after the end of
legal proceedings. At the same time, the Government is anxious to ensure proper
transparency
and openness about the operation of the family justice system. The
Ministry of Justice conducted consultations in 2006 and 2007 about
how best to
‘open up’ the family courts in England and Wales to greater
scrutiny. Consultation responses, in particular
from children and organisations
representing them, caused the Government no longer to pursue the original
proposal that the media
could attend family court hearings as of right, instead
deciding that the media and others with an interest would have to seek the
agreement of the court in each specific case, should they wish to attend.
- The
Integrated Children’s System (ICS) has been developed in England and Wales
to improve outcomes for looked after children
and other children defined as
“in need” under the Children Act 1989. A key aim of ICS is to
provide front line staff
and their managers with the necessary help, through
information technology (IT), to record, collate, analyse and organise the
information
into the outputs required e.g. on screen, paper reports such as
chronologies, and reports on performance indicators. In the longer
term, as the
ICS becomes widely used, its supporting IT system will enable authorised
children’s social care staff to identify
those children on the system who,
for example, have been the subject of enquiries into whether they are at risk of
suffering, or
have suffered, significant harm.
- The
Framework for the Assessment of Children in Need and their Families
(2000) is statutory guidance for English and Welsh local authority
children’s social care. It provides a framework to be used
in assessing a
child’s need for services, considering the needs of a child, the capacity
of his or her parents or carers to
meet those needs, and wider family and
environmental factors. Understanding the Needs of Children in Northern
Ireland (UNOCINI) provides a similar framework for assessment of need for
children and young people in Northern Ireland. It is currently
being tested and
revised and incorporates risk assessment and will include a specific mental
health component.
- ContactPoint,
which will be available across England by the end of 2008, will be a simple tool
containing basic information about
all children aged 017 and contact details for
practitioners who are providing services to them. It will provide a quick way to
find
out who else is working with a child, making it easier to deliver more
coordinated support. ContactPoint will not hold any assessment
or case
information about a child, in order to safeguard children’s privacy. The
development of the system has been informed
by the experiences of 11
‘Trailblazer’ areas already underway. Users will be trained in the
safe and secure use of ContactPoint
and good information sharing practice.
- In
Scotland, the Executive has acted, through the Vulnerable Witnesses (Scotland)
Act 2004, to improve conditions for witnesses to
enable children, to give
the best evidence they can. Implementation of the Act, associated practitioner
guidance and public information
material will help ensure that a vulnerable
child is not victimised in legal proceedings by providing support for the
witness when
giving evidence, while taking account of the child’s views on
how that should be done. It also promotes a child’s sense
of dignity and
worth by seeking to ensure that a child’s evidence will be taken seriously
whether the child is a witness or
an accused person.
- In
Northern Ireland, all alleged and suspected cases of child abuse in Northern
Ireland are jointly investigated by Police and Social
Services. All Police
Service of Northern Ireland (PSNI) officers receive Child Abuse and Rape Enquiry
(CARE) training. The PSNI’s
CARE Units are made up of plainclothes
detectives who receive specialist training on child abuse and rape trauma
syndrome and who
investigate all alleged and suspected cases of child
abuse.
(f) Recording crimes against children in the British Crime
Survey
- The
main purpose of the British Crime Survey (BCS) is to measure the extent and
nature of criminal victimisation against private households
in England and Wales
and adults aged 16 or over living in such households. The extension of the BCS
to cover children poses a number
of ethical and methodological
difficulties.
- To
respond to these difficulties and provide a means of measuring crimes committed
against children, a new survey of offending and
victimisation, the Offending,
Crime and Justice Survey (OCJS), was launched in 2003. The survey, covering
people living in private
households in England and Wales, was repeated annually
until 2006 and covered children’s involvement in offending, antisocial
behaviour and experience of theft and assault. The OCJS has demonstrated that it
is possible to collect good quality personal victimisation
data amongst children
aged 1015. The Home Office intends to commission work in 200708 to develop
options for extending the BCS to
cover under 16s in the future.
(g) Provide for care, recovery and reintegration of
victims
- Please
refer to the information provided in other sections of this chapter on
safeguarding vulnerable children and the care of children
in the statutory
sector. Also chapter VIII on the Governments’ action against sexual
exploitation and trafficking of children.
(h) Strengthen the reporting system
- The
Children Act 2004 set out a new requirement for local authorities in England and
Wales to establish Local Safeguarding Children
Boards (LSCBs), designed to
ensure that the key agencies work effectively together quickly to identify and
respond to signs of abuse.
The core membership of LSCBs is set out in the Act,
and includes local authorities, health bodies and the police.
- Similarly
in Scotland, as part of a 3year programme of sustained activity to reform child
protection services, multiagency Child Protection
Committees in all local
authority areas have been strengthened to ensure that all relevant partners play
their part in identifying
and responding to child protection concerns.
- The
UK Government is also introducing a new vetting and barring scheme for those
working with children and vulnerable adults in England,
Wales and Northern
Ireland underpinned by the Safeguarding Vulnerable Groups Act 2006 and the
Safeguarding Vulnerable Groups (Northern
Ireland) Order 2007. The new scheme
significantly strengthens the current arrangements and is due to be introduced
in a phased rollout
from autumn 2008. In summary, the new Act/Order include the
following provisions:
- Coverage of the
scheme in terms of regulated and controlled activities;
- A new barred
list of those prevented from working with children;
- A new executive
agency responsible for taking all discretionary decisions as to who should be
included on these lists;
- Duties on
employers, personnel suppliers and professional and regulatory bodies to refer
relevant information to the Scheme;
- A right of
appeal to the Care Standards Tribunal or Care Tribunal [NI]; and
- A series of new
criminal offences to enforce the scheme.
- The
Protection of Vulnerable Groups (Scotland) Act 2007 has also been introduced in
Scotland allowing for a new vetting and barring
scheme similar to that provided
for by the Safeguarding Vulnerable Groups Act.
- Similar
provision has been made in Northern Ireland, and the Department of Health,
Social Services and Public Safety have consulted
on proposals to establish a
Regional Safeguarding Board for Northern Ireland to replace the four current
Area Child Protection Committees.
The new Board will have an independent chair
and membership will be drawn from relevant organisations such as Health and
Social Care
Trusts, Youth Justice, the NSPCC, the Judiciary and others. A small
focused working group has been established to take forward the
main issues
relating to the establishment of the Board and the group is meeting regularly to
progress this area of work.
- A
major review of safeguarding children in Wales was undertaken by the National
Assembly in 200506. The Assembly Government has accepted
this and will publish
its recommendations for action early in 2008.
- The
Government’s response to the 2nd joint Chief Inspectors’ Report on
Arrangements to Safeguard Children (in England),
Making Safeguarding
Everyone’s Business, was published in March 2006 and addresses the
report’s findings about the priority given to safeguarding across agencies
and
the needs of particular groups of children, including children with
disabilities, children living away from home and children in
immigration removal
centres.
- In
Scotland, guidance was published in 2003 Protecting Children and Young
People: Child Protection Committees this is the primary strategic planning
mechanism for interagency child protection work in each area of Scotland. The
Welsh Assembly
Government has published Safeguarding Children: Working
Together Under the Children Act 2004, which sets out the role and
responsibilities of different agencies and practitioners and how these agencies
and professionals should
work together to promote children’s welfare and
protect them from abuse and neglect.
- In
May 2003, the Government launched a booklet for practitioners in England who
have concerns about the welfare of children. This
booklet, What To Do If
You’re Worried A Child Is Being Abused, is aimed at practitioners who
come into contact with children, parents and families in the course of their
work. It was updated
and republished in 2006, following the distribution of more
than one million copies of the original edition. In Scotland a similar
leaflet
was targeted at the general public. In Northern Ireland consideration was given
to publishing similar guidance. However,
as the Area Child Protection
Committee’s Regional Policies and Procedures contain much of the content
of this booklet, publication
of a similar document for Northern Ireland was
placed on hold pending the establishment of a Regional Safeguarding Board. The
Welsh
Assembly Government published reports on Serious Case Reviews in Wales in
1996, 1999 and 2002.
- The
Government in England has also introduced the legal duty for schools to
safeguard and promote the welfare of children under sections
175 and 157 of the
Education Act 2002. Consolidated guidance was issued in November 2006:
Safeguarding Children and Safer Recruitment in Education, which sets out
the safeguarding responsibilities of local authorities, schools and Further
Education colleges.
B. National programmes update
- Research
with children and young people, commissioned to support this report, highlights
the importance attributed to parents/carers
and family by young people. The UK
Government recognises this and has instigated many programmes since 2002 to
support families.
Support to parents
- In
March 2007, the Government published Every Parent Matters, setting out
the full range of work being done in England to promote both the development of
services for parents and parents’
involvement in shaping services for
themselves and their children. Key areas of work described in Every Parent
Matters include the creation of a National Academy for Parenting
Practitioners from Autumn 2007; a single commissioner in every English local
authority to champion services for parents; additional information and parenting
advice through Children’s Information Services
from 2008; a new duty on
school governing bodies to listen to parents from May 2007 and the proposed
development of a minimum package
of information, advice and support that any
parent should be able to access locally through their Sure Start
Children’s Centre
and extended school and from national sources of
information and advice.
- In
Wales, pupils, parents/carers and the wider community have access to a range of
services and opportunities through the Community
Focused Schools agenda. These
services
- include
access to childcare, adult education (including Welsh courses), Credit Unions
and Citizen Advice Bureaux. There are also projects
funded at local level
through Cymorth (Children and Youth Support Fund).
- In
Northern Ireland, the Department of Health, Social Services and Public
Safety’s family and parenting strategy Families Matter:
Supporting Parents in Northern Ireland will also enhance the services
available to parents in assisting with parental responsibility through the
provision of positive parenting
and parenting education; provision of mediation
services; development of and expansion of Child Contact Centres; improvement of
access
to information by the development of a regional database and the
provision of a regional help line.
Support to parents of children under 5
- The
Employment Relations Act 1999 contains provisions for new rights for working
parents, in particular the extension of maternity
leave from 14 to 18 weeks and
three months’ parental leave for employees who satisfy specific
conditions. In addition, the
Work and Families Act 2006 will extend maternity
and adoption pay from six to nine months from April 2007, towards the goal of a
year’s paid leave by the end of the Parliament. It extends the right to
request flexible working time to carers of adults from
April 2007; gives
employed fathers a new right to up to 26 weeks’ additional paternity
leave, some of which could be paid,
if the mother returns to work; and extends
maternity pay to 12 months.
- In
2006 the Assembly Government in Wales launched a new programme for children
aged 03, “Flying Start”. Within specific
deprived areas, this
provides free high quality childcare for two year olds, health visitors with low
caseloads, parenting programmes
and basic skills programmes. The programme is
designed to achieve an investment averaging £2,000 per child per annum. The
UKwide
Healthy Start scheme was also introduced in 2006, designed to encourage
and promote healthy lifestyles amongst lowincome pregnant
women and families
with children under 4 years.
- In
addition to support with childcare and early learning, a network of Sure Start
Children’s Centres is being established in
England which bring together a
range of early years services for parents from children’s health services
to jobs advice. Over
1,250 have now (2007) been set up, offering services to
more than 1,000,000 young children and their families.
- All
3 and 4 year olds in England are now guaranteed a free, part time (12.5 hours
per week), early education place for up to two years
before reaching
compulsory school age. £3 billion a year is now being spent in England
alone to support the delivery of this
entitlement. In England, the minimum
entitlement was increased from 33 to 38 weeks a year in 2006, and will be
extended further in
the future, including the phased introduction of a 15 hour
per week entitlement from 2007. At January 2006, nearly all 3 and 4 year
olds
were in some form of Governmentfunded free early education.
- There
are some groups (notably migrant or traveller families, those on lower incomes,
and minority ethnic groups, particularly Bangladeshi)
who are less likely to
access this free provision. Given the potentially positive impact of early years
provision, outreach workers
from children’s centres will while at all
times respecting parents’ and carers’ wishes focus on ensuring that
those families not taking up the offer are doing so on the basis of informed
choice.
- In
Wales, all 3 and 4 year olds are entitled to a free, parttime early education
place (a minimum of 10 hours per week) until they
reach compulsory school age.
The Welsh Assembly Government, through a combination of direct grant and Revenue
Support Grant to local
authorities, supports the delivery of this free
entitlement by a range of maintained, private and voluntary sector providers.
- Since
April 2002 the Learning and Skills Council has been responsible for the planning
and funding of Family Literacy, Language and
Numeracy programmes in England. It
has allocated approximately £25 million to support programmes for 2006/07
and the same for
2007/08. Evaluation has shown that these programmes have
been successful in improving children’s early learning, in supporting
links between family and school, and in encouraging parents to reenter
education, training and work.
- Since
2002 the Scottish Executive has funded local authorities to meet a statutory
duty to provide 12½ hours a week of preschool
education to all 3 and 4 year
olds whose parents wish it. Places can be delivered through local
authorities’ own settings (e.g.
nursery classes and schools), through the
private sector (e.g. private nurseries) and the voluntary sector (e.g.
playgroups).
- In
Northern Ireland, one year of funded preschool education is provided in the year
before compulsory education for every child whose
parents wish to take it up.
The Government is moving to implement key recommendations from the Report on the
Review of PreSchool
Education in Northern Ireland published in April 2006. In
late 2006, Early Years policy transferred from the Department of Health,
Social
Services and Public Safety to the Department of Education. The rationale for the
transfer was to ensure that Early Years policy
brings together support for
parents and children in a more coherent and cost effective way.
Support to parents of school age children
- There
are currently registered childcare places for 1 in 4 children aged 8 and under,
in England, with the total stock of registered
childcare standing at over 1.29
million places. In addition, the Government in England has introduced the
‘Extended Schools’
service, which offers access to a wide range of
services, including childcare, study support and a range of family learning and
parental
support, onsite, from 8 am to 6 pm and throughout the year. Evidence
shows that extended schools are having positive effects on children
and
families, including the improvement pupil attainment and the reduction of
exclusion rates.
- In
autumn 2006 and 2007, selected primary schools in 20 local authority areas in
England have been offering Transition Information
Sessions for parents whose
children are starting primary school, to help build effective partnerships
between parents and their child’s
school. Following this, a programme of
national training will enable all local authorities to be delivering sessions in
all of their
schools by autumn 2008. A two year evaluation of the projects will
identify effective ways to deliver the sessions.
- There
are also measures to improve parents’ ability to shape their
children’s school. Since September 2005, the school
Selfevaluation Form,
required as part of a school inspection, has asked schools to set out how they
gather the views of parents,
and to give examples of action
- taken
based on the views of parents and other stakeholders. All schools are required
to have a complaints procedure. Parents also
have a right to complain to Ofsted
on matters relating to their child’s school. Parents make up a third of
all school governing
bodies, so over 100,000 parent governors have a chance to
support and challenge the leadership of their child’s school. Similar
measures have been introduced in Scotland through the Scottish Schools (Parental
Involvement) Act 2006 which strengthens the framework for supporting parental
involvement in school education. Involving parents in the running of the
school
is also a requirement of the National Healthy Schools Programme.
Parental responsibility
- Under
the law of England and Wales, as set out in the Children Act 1989, parental
responsibility is 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 mother of a child automatically has
parental responsibility unless it is removed by the court (for example, through
adoption).
When the father is married to the child’s mother at the time of
birth he has parental responsibility automatically. If the
child’s father
is not married to the child’s mother, he can (since December 2003) obtain
parental responsibility by being
recorded in the birth register as the
child’s father, making a parental responsibility agreement jointly with
the child’s
mother, or by obtaining an order from the court giving him
parental responsibility.
- The
Children (Scotland) Act 1995 defines parental responsibilities and rights in
Scotland. Section 1 places a duty on parents to safeguard
and promote a
child’s health, development and welfare; provide direction and guidance;
maintain personal relations and direct
contact with the child; and act as the
child’s legal representative. The Family Law (Scotland) Act 2006 brought
Scottish Law
into line with the rest of the UK on unmarried fathers.
- The
Civil Partnership Act 2004 enables a registered civil partner to acquire
parental responsibility of their civil partner’s
child in the same way as
a person (who is not the child’s parent) who is married to a parent of the
child. The acquisition
of parental responsibility by a civil partner can be
undertaken with the agreement of their civil partner, as long as that civil
partner themselves has parental responsibility. If the child’s other
parent also has parental responsibility, both parents
must agree.
Support for families whose children may be at risk of
antisocial behaviour
- Through
the Government’s Respect programme additional support is being provided to
vulnerable parents in England whose children
may be at risk of antisocial
behaviour, for instance:
- A pledge of up
to £18 million between 200607 and 200708 to ensure that antisocial parents
get the parenting support they need;
- £10 million
has been made available over two years from 200607 for delivery and evaluation
of Parenting Early Intervention Pathfinders
(PEIPs) for families with
children 8 13 at risk of poor
outcomes.
- PEIPs
target 813 year olds, identifying those at risk following self referrals from
parents or referrals from practitioners, due to
the child’s behaviour or
parental risk factors. Additional funding provided through PEIPs is used to pay
for early intervention
activities, focused on one of three specified parenting
programmes to enable effective evaluation.
- Where
more serious intervention is needed, the powers for local authorities in England
to apply for Parenting Orders have been extended
by the Antisocial Behaviour Act
2003. This enables Youth Offending Teams to apply to the courts for a Parenting
Order where a child
has behaved antisocially or engaged in criminal conduct.
Further, the Criminal Justice Act 2003 enables a Parenting Order to be made.
These new powers enable the court to make Parenting Orders at an earlier stage,
involving parents/guardians to help prevent unacceptable
behaviour from becoming
entrenched. More than 1,000 Parenting Orders were made in 200304.
- Parenting
Orders have also been introduced in Scotland through the Antisocial Behaviour
(Scotland) Act 2004. Where a parent has not
engaged voluntarily with help and
support made available to them and where their behaviour is having a negative
impact on their child,
parenting orders make it compulsory for a parent to
access the support they need.
- In
Wales, £31 million has been invested in Flying Start for the youngest
children in disadvantaged areas, described above. In
Northern Ireland, around
£4 million from the Children and Young People’s Funding Package
is available to support parents
and families.
Separation from parents
- The
UK Government and devolved administrations fully support the aims of Article 9
of the Convention and the principle that children
should be separated from their
parents only where absolutely necessary, and where competent authorities
determine it to be in the
best interests of the child.
- The
Children Act 1989 provides a clear legal code, within which local authorities in
England and Wales are required to operate. Where,
following assessment on a
multidisciplinary and multiagency basis, they conclude that children are
suffering significant harm at
the hands of their parents or carers and/or that
children are beyond their parental control, they may decide to initiate care
proceedings
in the family courts. Where the court is satisfied that the children
have suffered significant harm and that it is in their interests
that a court
order should be made, the court may then make an order which confers parental
responsibility on the applicant local
authority, in addition to the parental
responsibility already held by parents or others.
- The
making of such orders also confers on local authorities a range of specific
responsibilities for safeguarding and promoting the
welfare of the child
throughout the duration of their childhood, together with expectations that they
seek out and consider the child’s
needs, wishes and feelings, that they
promote contact between the child and members of his or her family of origin and
that they
consider regularly whether it is in their interests to seek a
discharge of the court order that has been made.
- It
is also expected that local authorities will continue to seek the views of the
child’s parents, who continue to be able to
exercise their parental
responsibility within limits set by the
- local
authority. Where there are no prospects of rehabilitation to the family of
origin, including the wider family, within a reasonable
period, the local
authority may seek permanent substitute care outside the family of origin. This
may take the form of adoption,
special guardianship, placement with foster
parents or in residential settings.
- A
consultation conducted by the NSPCC found that nearly a quarter of children in
care said they wished that they had never gone into
care. The two most common
requests for the future from these children were more family contact (13%) and
to live with their family
again (10%). In the consultation on Care Matters
children and young people said that they would prefer to remain with their
birth parents or wider family rather than come into care.
- Care
Matters: Time for Change, published in June 2007, set out plans for a new
framework to enable children to live with their wider family or friends and
proposals
to support early intervention including:
- Funding a
programme of regional training events to equip practitioners with the necessary
skills to develop and sustain the Family
Group Conference model;
- Piloting a
Family Drug and Alcohol Court from January 2008 to link adult treatment services
with the needs of children and families;
and
- Funding the
development of Multisystemic Therapy as an effective specialist intervention for
young people at risk of becoming looked
after children.
- To
help parents and children engaged in court proceedings, the Children and Family
Court Advisory and Support Service (CAFCASS) was
established in April 2001,
to deliver a front line service to children, young people and families in
Children Act 1989 proceedings.
Responsibility for CAFCASS in Wales was
transferred to the Welsh Assembly Government in 2005, and the organisation in
Wales is known
as CAFCASS Cymru. Both organisations are independent of the
courts, local authorities, health bodies and other statutory agencies.
Their
primary duties are to:
- Safeguard and
promote the welfare of the child;
- Advise courts
about family proceedings applications;
- Make provision
for children to be represented in such proceedings; and
- Provide
information, advice and support for children and their families.
- CAFCASS
and CAFCASS Cymru have a statutory duty to ensure that they promote the best
interests of children within family proceedings.
They are required to take
account of children’s needs, wishes and feelings (where these are
expressed), and to present these
to the Court. This takes place in the context
that the child’s welfare is the paramount consideration on which the
family court
will base any decision concerning the upbringing of a child.
- In
Northern Ireland, within the Courts system, Guardians Ad Litem have a duty in
specified public law proceedings under the Children
(Northern Ireland) Order
1995 and in
- adoption
proceedings under the Adoption (Northern Ireland) Order 1987 to safeguard the
best interests of the child and represent the
child’s needs, wishes and
feelings to the court. As in the rest of the UK, Guardians Ad Litem must have
regard to the child’s
welfare.
- In
Scotland, where it is clear that there is no realistic prospect of the child
returning to the birth family, the local authority
may apply to the Court for a
Parental Responsibilities Order, transferring all parental responsibilities and
rights to the local
authority (other than the right to consent to adoption).
Once the Adoption and Children (Scotland) Act 2007 is implemented, this
will be
replaced by a new permanence order, to be applied for by the local authority,
which could lead to all parental responsibilities
and rights being transferred
to the local authority but will also allow for them to be shared with other
persons such as the birth
parents or foster carers, if this is in the
child’s best interests. With all permanence orders the local authority has
the
right to decide with whom the child should reside.
Parental separation and contact
- The
core principle that the court must have the welfare of the child as its
paramount consideration, as provided by the Children Act
1989, also underpins
the courts’ handling of disputes about contact following parental
separation. Research by the NSPCC found
that many children who had experienced
parental separation expressed initial distress but over time adapted to their
new way of life.
Children who went to court most frequently said that they
received help from social workers (28%) and solicitors (26%). A third of
children felt that further support and more information could have made the
court process easier.
- The
UK Government has since 2004 been working to deliver a programme of activities
in England and Wales aimed at helping parents to
avoid unnecessary and
adversarial court proceedings as a means of settling disputes about
postseparation parenting. This programme
focuses on the use of mediation and
incourt conciliation as well as advice and guidance to parents about deciding
contact arrangements
that are in the best interests of the children. The
Children and Adoption Act 2006, now in the process of implementation, provides
the courts with a greater range of options for dealing with the enforcement of
contact orders and for the better facilitation of
contact, for instance through
directing parents to attend parenting programmes to help resolve conflict.
Expenditure on family legal
aid to help parents who need the help of the courts
to resolve disputes rose from £443 million in 200001 to £536 million
by 200506.
Care proceedings
- In
May 2006, the Government published the Review of the Child Care Proceedings
System in England and Wales. A programme of work is taking forward the
Review and wider initiatives to improve care proceedings which includes
proposals for work
in seven key areas: ensuring families and children better
understand proceedings; exploration of safe and appropriate alternatives
to
court proceedings; improved consistency and quality of care applications to
Court; improved case management; better interagency
working/communications; more
efficient and effective use of experts; and judicial allocation/use of court
facilities. These proposals
are now (2007) in the process of implementation.
There are two key strands of work. Revised statutory guidance to local
authorities
is due to be published by the Department for Children, Schools and
Families [or use acronym] and the Welsh Assembly Government in
the autumn of
2007, following public consultation. The current Protocol for Judicial Case
Management in Public Law Children Act Cases, which sets out the different
stages of the court process as care cases progress through the system, will be
replaced with a new
streamlined Public Law Outline (PLO) from April
2008.
Family reunification
- The
UK respects the principles of the Article on family reunification. However,
other than in certain refugee cases, there is no established
right in the
immigration context for a child to be joined by parents or other family members.
The view of the UK Government is that
in most cases, subject to safe
arrangements being in place, the best option is for unaccompanied children to be
reunited with their
parents and wider family in the child’s country of
origin.
Recovery of maintenance for the child
- Where
child maintenance is paid, it can make a substantial difference to child poverty
rates receipt of child maintenance currently
helps to lift 100,000
children out of poverty. The Child Support Agency (CSA) was set up in 1993
because the system of collecting
maintenance through the courts had lost the
confidence of parents. The original scheme was extremely complex, both for
families and
the Agency. In 2003 a simpler, more client focused scheme was
introduced for new cases, based on a new method of calculating child
maintenance
liabilities. This included a new Child Maintenance Premium for parents with care
who are claiming Income Support or incomebased
Jobseeker’s Allowance. This
enabled new child maintenance clients to keep the first £10 per week of any
maintenance received
for their children before it affected their benefit
entitlement. In March 2007, 57,000 parents with care received the Child
Maintenance
Premium equating to over £1.9m per month.
- Despite
these improvements the performance of the Child Support Agency has fallen
short of expectations. In February 2006 the Secretary
of State for Work and
Pensions announced a two stage approach to help ensure that more children
receive child maintenance. The first
of these has already started an
Operational Improvement Plan to stabilise and improve the shortterm
performance of the CSA. By the
end of March 2007, 466,000 cases were in
receipt of maintenance or had a Maintenance Direct arrangement in place, which
benefited
635,000 children, compared to 429,000 cases relating to 590,000
children in the previous year.
- The
second stage was to develop proposals for the redesign of the child maintenance
system and to assess the longerterm policy and
delivery arrangements. Proposals
announced by the Government in 2006 include:
- Government will
encourage and support parents to make maintenance arrangements, on a private
(i.e. voluntary) basis wherever possible;
- Parents on
benefit will get to keep significantly more of the maintenance paid;
- An emphasis on
stronger and more effective enforcement allied to increasing efforts to collect
and reduce debt; and
- Further
simplification of the assessment process.
Children deprived of a family environment
- It
is the belief of the UK Government and devolved administrations that children
looked after by the state, for whatever reason, should
be given a particular
priority by the state as their ‘corporate parent’. This applies both
while they are in the care
of the state and after they leave care, when the
state should continue to support them in making the transition to adult
life.
- The
Children (Leaving Care) Act 2000 required local authorities in England and Wales
to take extra steps to assess and meet the financial
and other needs of care
leavers. More recently, the Children Act 2004 placed an explicit duty on local
authorities in England to
promote the educational achievement of children in
care, and the Education and Inspections Act 2006 gave local authorities the
power
to direct schools to admit children in care in England even when already
full to ensure children can secure a place in the best school
for them. In
October 2006, the Government published Care Matters: Transforming the Lives
of children in care, followed in June 2007 by Care Matters: Time for
Change, setting out proposals for improving the outcomes of children in care
in England by, for example:
- Introducing a
tiered framework for foster placements to respond to different levels of need,
underpinned by a new qualifications framework,
fee structure and national
minimum standards;
- Piloting the
introduction of a ‘virtual headteacher’ in every local area to help
improve the performance of schools in
relation to children in care;
- A dedicated
budget for each social worker to spend on improving the educational experience
of every child in care; and
- A new model of
comprehensive health provision for each child in care.
- The
long term outcomes of looked after children are still poor compared to other
children. In 2005 20% of children in care in England
were unemployed the
September after leaving school in June or July, compared to 5% of all
schoolleavers. While the average age children
leave home is 24, 27% of looked
after children still leave care aged 16. To address this, Care Matters: Time
for Change sets out plans to pilot greater involvement of children in
deciding when they move to independence, and to pilot giving children
the
opportunity to stay with foster carers until aged 21 years.
- The
Welsh Assembly Government will consult later in 2007 on a strategy for children
in need, including those in care and care leavers.
This will build on the
Assembly’s 10 year strategy for social services and its policy document
Towards a Stable Life. A grant of £1 million a year has been
distributed across local authorities in 200607 and 200708 to enable them to
support the
education of looked after children.
- These
proposals reflect the view that, while the outcomes of looked after children
have improved since 1999, they remain unacceptably
low. For instance, in England
only 11% of looked after children obtained five good GCSEs in 2005, compared
with 54% of all children.
The position in Wales is broadly similar.
- The
Scottish Executive launched an action plan, We Can and Must Do Better, in
January 2007 to improve outcomes for children looked after away from home
in Scotland. It highlights the importance of the corporate
parent role, the need
to secure appropriate education and health outcomes for this group of children,
the need for good quality accommodation
and the importance of stability and
continuity within education and care settings.
- Many
children looked after away from home need to be returned home to their families
as soon as is possible. They should receive early
and ongoing support if this is
to be safe and sustainable. So should their families. The Government has
announced that an early years
strategy will be developed by the end of 2008.
This will include the Government’s approach to supporting children within
vulnerable
families.
- For
those children and young people who are looked after away from home and for whom
a safe return to their families is not possible,
a permanent substitute family
or residential placement is required. The implementation plan for the Adoption
(Scotland) Act 2007
will include the introduction of permanence orders for
children by early 2009. This statutory status for children will enable children
to remain permanently with a foster parent or within a residential placement.
Their rights to retain contact with their birth family
will be set out in the
permanence order. The Permanence Order will help avoid the drift and uncertainty
that too many looked after
children experience and will help provide them with a
more stable environment, from which they can develop and fulfil their
potential.
- The
Children (Leaving Care) Act (Northern Ireland) 2000 provides a new legal
framework for leaving and after care services. Its main
purpose is to improve
the life prospects of children who are looked after by Health and Social Care
Trusts (HSCTs), as they make
the transition to independent living. To achieve
this, the Act amends the Children (Northern Ireland) Order 1995 to place new and
enhanced duties on HSCTs to support children leaving care.
- In
addition, the Looked After Children in Education (LACE) project was established
in Northern Ireland in 2001 and has been developed
by Include Youth, VOYPIC and
Save the Children. The project began as a participative research project on the
educational experiences
of looked after children in Northern Ireland. The
overall aim of LACE is to improve the educational outcomes of looked after
children
in Northern Ireland. The LACE project works in partnership with all
agencies which contribute to the education of looked after children
in
particular Health and Social Care Trusts, the Education and Library Boards and
their education services, schools, the Youth Justice
Agency, the youth service
and community groups working within each of the three pilot project
areas.
Adoption
- Adoption
legislation in England and Wales now fully implements Article 21 of the
Convention. Section 1 of the Adoption and Children
Act 2002 says that the
paramount consideration for a court or adoption agency when making a decision
about the adoption of a child
must be the child’s welfare throughout
his/her life. Adoption orders are made by the courts informed by reports
prepared by
adoption agencies or local authorities. The parent or guardian is
required to consent to the adoption, unconditionally and with full
understanding, unless they cannot be found or are incapable of giving consent,
or the welfare of the child requires disregarding
of withheld parental consent.
The Adoption Agencies Regulations 2005 and the Adoption Agencies (Wales)
Regulations 2005 require the
adoption agency to provide a counselling service
for the parent or guardian. The child’s wishes and feelings are also taken
into account in the decisionmaking processes. The Adoption and Children
(Scotland) Act 2007 makes similar provision for Scotland
and will be followed up
by regulations and guidance.
- The
Children (Northern Ireland) Order 1995 centres on the paramountcy of the welfare
of the child to ensure that any decisions about
a child best promote his/her
welfare and are in his/her best interests. New policy and legislation should be
compatible with these
principles. New adoption legislation, for example, will
place the child at the centre of the adoption process. The Department of
Health,
Social Services and Public Safety (DHSSPS) has also made arrangements to audit
the existing public law aspects of the Children
(Northern Ireland) Order 1995
and associated regulations to examine compatibility with the international
standards set out in UNCRC
and ECHR.
- In
cases of intercountry adoption, the child is afforded equivalent protection as
in a domestic adoption. All prospective adopters
are required to be assessed as
suitable to adopt in the same way whether they are adopting domestically or on
an intercountry basis.
Prospective adopters wishing to take children out of the
UK for adoption must first obtain a court order, having lived with the child
in
the UK for at least 10 weeks, with the placement being monitored during that
period.
- The
UK has signed and ratified the Convention on Protection of Children
and Cooperation in respect of Intercountry Adoption, concluded
at The Hague
on 29 May 1993 (the “1993 Hague Convention”). It
cooperates with all Central Authorities in accordance with
that Convention and
with the competent authorities in nonHague Convention countries in accordance
with the principles of both the
1993 Hague Convention and the UN Convention on
the Rights of the Child. To support the legislative measures described
above, the
UK Government provided an extra £66.5 million for adoption
services in England over three years: £14.5m for 200102; £22.5m
for
200203; and £29.5m for 200304. An extra £70 million to support the new
framework for adoption support was also provided
over three years: comprising
£12 million in 200304; £23 million in 200404; and £35
million in 200506.
- In
2000 the Government set an adoption target to increase by 40% the number of
looked after children who were adopted by 200405 and
to exceed this by
achieving, if possible, a 50% increase by 2006, from 199900. During 200506,
900 more children were adopted than
in 199900. This represents an
increase of 34%. Over the six years to March 2006, 4,800 more looked after
children were adopted than
would have been the case if adoptions had remained
constant since the year ending March 2000.
Illicit transfer and nonreturn
- The
UK Government has signed and ratified the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. The 1980
Hague Convention provides for
the return of children aged under 16 who are wrongfully removed or retained away
from their country
of habitual residence. In order to be considered wrongful, a
removal or retention must be in breach of “rights of custody”
which
are actually being exercised by a person, an institution or any other body under
the law of the state in which the child was
habitually resident immediately
before the removal or retention.
- England
and Wales have recently taken part in a mediation pilot scheme set up by the NGO
Reunite International Child Abduction Centre
and funded by The Nuffield
Foundation. The scheme was set up as a way of investigating whether mediation
could be used successfully
to resolve abduction cases by giving the parents an
opportunity to discuss the practical issues affecting their children’s
future. Out of 28 concluded mediations, 21 resulted in an agreement.
Reunite is currently developing a training module for mediators
in light of the
pilot scheme.
Periodic review of placement
- All
looked after children in England and Wales must have a ‘care plan’
setting out how the local authority intends to
meet the child’s needs.
Children, their parents, carers and other agencies e.g. schools must be
involved in the process of
assessing those needs. The care plan must be
regularly reviewed, with review meetings held at minimum statutory intervals
within
28 days of becoming looked after, after a further 3 months and 6 monthly
thereafter. Reviews must involve the child, their carers
and representatives of
the local authority responsible for their care.
- Since
September 2004, reviews in England must be chaired by Independent Reviewing
Officers (IROs) who provide objective oversight,
thus serving to promote the
child’s welfare. Plans to further strengthen the role of IROs were
set out in Care Matters: Time for Change in June 2007, including
introducing a requirement for local authorities to appoint a named IRO for each
child and requiring IROs to
spend time individually with each child prior to any
review so that the IRO personally establishes the child’s view. Parallel
systems operate in Wales, but from July 2007 the role of Independent Reviewing
Officers and the people who must be involved in the
review has been extended by
Walesonly Regulations.
- Where
children in care and care leavers (and children in need) in England feel
unfairly treated then they have a right established
by the Adoption and Children
Act 2002 to access independent advocacy to address and resolve their concerns
through the Children Act
1989 complaints process. In Wales, the Assembly
Government is currently consulting on changes on a new integrated service model
for
children and young people’s advocacy services.
- Choice
Protects, the UK Government’s review of placement services for looked
after children in England, was launched in March
2002. The review aimed to
support local authorities in developing the range of placements needed to meet
the needs of their looked
after children, in particular by strengthening and
expanding their fostering services and improving the planning and commissioning
of services for looked after children. To help local authorities make these
improvements, the Choice Protects programme provided
funding of £113
million over three years from 200304 to 200506. Although the programme has
now ended, local authorities in England
continue to receive funding at
approximately 200506 levels through a wider Children’s Services Grant.
Under Children First, the equivalent programme in Wales, £250
million was provided to local authorities between 1999 and 2006.
- The
new permanence orders in the Adoption and Children (Scotland) Act 2007 offer
considerable flexibility to review placements in
Scotland and to reflect fully
the situation of individual children. Only a local authority will be able to
apply for a permanence
order. They can be sought with or without a measure
granting authority for the child to be adopted, dependant on the needs of a
particular
child. Where such authority is granted, the permanence order will
ensure that the child remains properly looked after between the
granting of the
permanence order and the granting of an adoption order. This will be similar to
the current process of “freeing”
a child for adoption, but the child
will have greater security between the making of a permanence order and the
making of an adoption
order. Should the child not be adopted, it will be
possible to apply for a variation of the permanence order to allow parental
responsibilities
and rights to be reallocated which is not currently
possible.
C. Statistics and resources
- Statistical
data for this chapter is included in Annex 1
D. Factors and difficulties
Introducing child death reviews
- Plans
for the introduction of child death reviews being developed in a range of ways
across the UK will need careful and sensitive
introduction. Their full
implementation will enable more effective learning of lessons from the tragic
incidents that they will assess,
with a view to reducing the likelihood that the
same issues will recur in future.
Reducing incidence of abuse, neglect and wrongful deaths of
children
- Though
considerable progress has been made in addressing child abuse and neglect, it is
clear that there is much still to be done.
In particular there is much work to
do to implement the various provisions for preventing unsuitable people from
working with children.
Appropriate information, advice and if necessary challenge
to parents
- It
is recognised that the most important source of nurture and support for children
is from parents and wider families. The primary
responsibility of the state is
to make available information, support and services for parents to take up as
they see fit. However,
where families are experiencing disadvantage and
difficulty, the state needs to be more proactive in seeking out such families
and
actively offering help. Where families are unable, or even unwilling,
adequately to safeguard and promote their children’s
welfare, the State
has responsibility compulsorily to intervene in family life. With proper court
scrutiny, the state should make
arrangements to protect children from harm. It
is particularly challenging to strike the right balance when undertaking this
task,
but the legislative priority given to children’s welfare, across the
UK jurisdictions, provides a sound, principled basis for
this
activity.
Better outcomes for children in care
- Despite
considerable progress since 1997 in outcomes for looked after children, their
overall attainment still falls far short of
what is being achieved for children
in general. Ongoing reforms are intended to achieve for children cared for
through state intervention
the same as parents in general seek to achieve for
their children. Governments across the UK continue to introduce and amend a
range
of systems and services, such as health and education, in order to ensure
the best possible outcomes those children for whom it is
responsible, as
‘corporate parent’.
CHAPTER VI: BASIC HEALTH AND WELFARE
(Arts. 6, 18 para. 3, 23, 24, 26, and 27 paras. 13)
- Every
child in the United Kingdom is entitled to an adequate standard of health and
welfare. Continued government investment in health
services and in
children’s welfare services, as well as a commitment to the eradication of
child poverty by 2020, are having
a significant impact on children’s
lives. This work is underpinned by the range of reforms described in chapter I
of this report,
which are helping to build services that are strongly focused on
the needs of children.
A. Concluding observations followup
CRC/C/15/Add.188, para. 42:
The Committee recommends that the State party take all appropriate
measures to reduce inequalities in health and access to health
services, to
promote breastfeeding and adopt the International Code for Marketing of
Breastmilk Substitutes, and to enforce, through
educational and other measures,
the prohibition of female genital mutilation.
Reducing inequalities in health
- The
National Health Service’s inequalities target for England seeks to reduce
the disparity in health outcomes by 10 per cent,
as measured by infant mortality
and life expectancy, by 2010. While infant mortality rates continue to fall for
all social groups,
the gap between different social groups has widened since the
target baseline (199799) although it seems to have stabilised since
200103. A
review of the target, published in February 2007, shows that effective measures
for reducing infant mortality in disadvantaged
groups include the reduction of
teenage pregnancy and the reduction of smoking in pregnancy. These are among the
issues being tackled
in England through the Choosing Health White Paper
described later in this report.
- The
Scottish Executive is committed to improving the health and wellbeing of
children and this is demonstrated in the policy document,
Delivering for
Health, which sets out the actions required to improve health services in
Scotland. This is further expanded in the document Delivering a Healthy
Future: An Action Framework for Children and Young People’s Health in
Scotland, developed by the Children and Young People’s Health Support
Group, and published in February 2007. It has three major workstreams:
tertiary
paediatrics, child health and maternal health. First and foremost, the rights
and responsibilities to provide for their
children’s health and welfare
rest with parents. Beyond this, a range of services provided by the NHS, local
authorities and
voluntary and independent organisations, in health centres,
nurseries, preschools and schools, family centres and in the community
have a
vital role in helping parents to ensure their child’s healthy development.
The health improvement policy aims to improve
health for all but has a special
focus on reducing the gap between the most affluent and most deprived
communities.
- The
piloting of free school meals in primary 13 in schools in the most deprived
parts of Scotland is an example of an initiative that
is targeting resources to
improving the health of children most at risk of poor outcomes.
- Challenging
targets have been set for reducing health inequalities for example, a 15% rate
of improvement in health for deprived populations.
The Children and Young
People’s Health Support Group recently reviewed the range of policy
initiatives relating to child health
in Scotland against an assessment tool
designed for this purpose by WHO Europe and a series of recommendations will
emerge from this
process. There is a particular focus on children that are
vulnerable through poverty and other life circumstances.
Access to health services
- There
are now a number of areas where, as part of the National Service Framework
(NSF) for Children, Young People and Maternity Services, and Every Child
Matters programme, services in England are able to provide health advice
alongside their main area of work, including in extended schools,
Sure Start
Centres and through supporting parenting programmes. There are a range of
specific initiatives in England which cater
for the needs of children and young
people including:
- The development
of You’re Welcome quality criteria which set out minimum
standards for all health care settings, to ensure they are young people
friendly. These criteria support the
implementation of Standard 4 of the
National Service Framework for Children, Young People and Maternity
Services;
- Four Teenage
Health Demonstration Sites (in Bolton, Hackney, Northumberland and Portsmouth)
were launched in August 2006. The sites
are exploring and evaluating how
services can become better equipped and coordinated to meet the health needs of
young people aged
1119. The programme is being systematically evaluated and the
learning will be fed into future commissioning frameworks and inspection
systems, so that it becomes embedded into mainstream activity;
- NHS Walkin
Centres (WiCs) are primarily nurseled (some also offer access to doctors)
offering fast convenient access to treatment
for minor injuries and illnesses
and advice, without requiring patients to register or make an appointment. The
first NHS WiC opened
in January 2000 and there are now around 90 in
England;
- Our Health,
Our Care, Our Say, includes a commitment to develop new Practitioners with
Special Interests (PwSI) roles in learning disabilities and adolescent health
(particularly focusing on disabled children and the transitional period from
teenager to adult);
- In the same way
as adults, children can register as NHS patients with a local GP practice. An
application is normally made on their
behalf by a parent, or a person who has
parental responsibility by them filling in a registration form;
- The Department
of Health has committed to review the rules governing access to the NHS by
foreign nationals, including NHS primary
medical services. The review will be
completed by October 2007 and will take into account the 2004 consultation,
Proposals to Exclude Overseas Visitors from Eligibility to Free NHS Primary
Medical Services, as well as the UK’s international obligations under
the UNCRC.
Promotion of breastfeeding
- The
UK Government and devolved administrations continue fully to be committed to the
promotion of breastfeeding, which is accepted
as the best form of nutrition for
babies. The Government has adopted the World Health Organisation’s
(WHO’s) guidance
and recommends exclusive breastfeeding for the first six
months of life, with continued breastfeeding alongside the introduction
of
complementary feeding.
- The
UK Government has a commitment to increase support for breastfeeding as part of
its strategy to reduce health inequalities. The
Priorities and Planning
Framework 20032006 set local targets to increase breastfeeding initiation rates
by 2 percentage points per
year, focusing particularly on disadvantaged
groups. This target has been included in Local Delivery Plans to support the
national
target on infant mortality for the planning period to 2008.
- The
Department of Health works in partnership with NGOs and other organisations,
including UNICEF, to encourage hospitals to implement
Baby Friendly Initiative
policies. As part of this work, a new leaflet “Off to the best
start” is intended to assist health professionals in teaching parents
why breastfeeding is the healthiest start. Also, for the first time
the
Department has launched TV and radio “Filler” advertisements which
will continue throughout 2007 and beyond to raise
the profile of breastfeeding
in England and Wales.
- The
Department of Health support the principles of the International Code for
Marketing of Breastmilk substitutes and the relevant
WHO resolutions, which are
reflected in the European Directive on Infant Formula and Followon Formula
Regulations and in the UK legislation.
- The
European Directive 91/321/EEC on Infant Formula and Followon Formula gives
individual Member States the power to go further than
the Directive in terms of
restricting the advertising of infant formulas. It is in this context that the
Department of Health has
made a commitment in the Choosing Health: making
healthier choices easier to review the relevant provisions of the Infant
Formula and Followon Formula Regulations (1995), with a view to further
restricting
the promotion of infant formula.
- The
Department of Health is currently working with Food Standards Agency to look at
ways in which the promotion of infant formula
milk can be further restricted,
through UK Regulations. A consultation on draft Regulations is due to be issued
shortly and the final
national Regulations will be in force from January
2008.
- In
addition the Healthy Start scheme was rolled out across England, Wales and
Scotland in 2006. It provides nutritional support to
mothers and infants
from low income families. The scheme also provides incentives for mothers to
breastfeed as they can obtain, via
vouchers, healthier foods such as fruit and
vegetables, free of charge.
- In
Scotland, over half of the babies are born in UNICEF baby friendly accredited
hospitals, which mean that these hospitals have implemented
measures to
encourage breastfeeding, as recommended by the WHO. In addition, the
Breastfeeding etc (Scotland) Act 2005 is the first
of its kind in the UK, which
makes it an offence to stop or prevent a person feeding milk to an infant in a
public place where the
infant is legally entitled to be. Scotland is one of the
few countries in the world to offer such protection in national
legislation.
- In
Wales, currently 46% of all Welsh births take place in baby friendly hospitals.
A Grant Scheme has been established to train breastfeeding
peer supporters with
a particular focus on young mothers. A Breastfeeding Welcome Scheme has been
established to encourage businesses
to support breastfeeding mothers.
- In
Northern Ireland, since the development and implementation of the Breastfeeding
Strategy there have been significant improvements
to breastfeeding support in
many hospital and community Trusts. These include the promotion and
implementation of the UNICEF UK Baby
Friendly Initiative, Sure Start programmes
involvement in breastfeeding, and the establishment of breastfeeding support
groups and
peer support programmes.
- As
a result of the above measures breastfeeding initiation rates have been rising
across all socioeconomic groupings in the UK 78%
in England, 70% in Scotland,
67% in Wales, and 63% in Northern Ireland. The highest incidences of
breastfeeding were found among
mothers from managerial and professional
occupations, those with the highest educational levels, those aged 30 or over,
and among
first time mothers. The Infant Feeding Survey 2005 published recently
shows that 45% of all mothers in the United Kingdom were breastfeeding
exclusively at one week, while 21% were feeding exclusively at six weeks. At six
months the proportion of mothers who were breastfeeding
exclusively was
negligible.
Preventing female genital mutilation
- Female
genital mutilation has been a specific criminal offence in the UK since the
introduction of the Prohibition of Female Circumcision
Act 1985. The Female
Genital Mutilation Act 2003 (which repealed and replaced the 1985 Act) made it
for the first time, an offence
for UK nationals or permanent UK residents to
carry out female genital mutilation abroad or, to aid, abet, counsel or procure
the
carrying out of female genital mutilation abroad, even in countries where
the practice is legal. It also increased the maximum penalty
from 5 to 14
years’ imprisonment. This helped close a loophole which allowed
individuals to circumvent UK laws by taking girls
abroad to have the procedure
carried out.
- While
no prosecutions have yet been brought under the 2003 Act, the new legislation
has been used to raise awareness of female genital
mutilation amongst relevant
professionals, including police forces, doctors and midwives, local authority
staff, the education sector
and British consular staff. Responsibility for
investigating female genital mutilation rests with the police, health workers
and
local authority children’s services. The Act has also provided an
impetus for outreach work amongst the practising communities.
- The
Government also funds voluntary organisations which work directly with the
practising communities in order to reduce the incidence
of female genital
mutilation. There are also seven specialist clinics in the NHS catering for the
particular health needs of women
and girls who have been mutilated.
Internationally, the UK Government supports work in a large number of countries,
particularly
those in Africa, aimed at eradicating female genital mutilation and
providing adequate health care for girls and women affected by
it.
- The
Prohibition of Female Genital Mutilation (Scotland) Act 2005 repeals and
reenacts for Scotland the provisions of the 1985 Act,
gives extraterritorial
effect to those provisions and increases the maximum penalty for female genital
mutilation in Scotland from
5 to 14 years’ imprisonment and makes unlawful
additional forms of female genital mutilation. Since enactment the Executive
has
engaged the Scottish Refugee Council and local community groups to plan and run
awareness raising seminars and workshops in local
communities.
Adolescent health
CRC/C/15/Add.188, para. 44:
In line with its previous recommendations (ibid., para. 30), the Committee
recommends that the State party:
(a) Take further necessary measures to reduce the rate of teenage
pregnancies through, inter alia, making health education, including
sex
education, part of the school curricula, making contraception available to all
children, and improving access to confidential
and adolescentsensitive advice
and information and other appropriate support (as recommended by the independent
Advisory Group on
Teenage Pregnancy);
(b) Review its policies for young mothers under the age of 16 years with
regard to allowance entitlements and parenting courses;
(c) Take the necessary measures to strengthen its mental health and
counselling services, ensuring that they are accessible and sensitive
to
adolescents, and undertake studies on the causes and background of
suicides;
(d) Provide adequate information and support to homosexual and
transsexual young people, and encourages the State party, further
to the
statement of intent made by its delegation to repeal section 28 of the Local
Government Act 1988, where it applies.
(a) & (b) Reducing the rate of teenage pregnancies
- Across
the UK teenage pregnancy rates have been falling steadily. For instance,
England’s teenage pregnancy rate has fallen
steadily since the Teenage
Pregnancy Strategy was launched in 1999. Between the 1998 baseline year and
2005, the under18 conception
rate fell by 11.8%, to its lowest level for over 20
years. The under16 rate fell by 12.1% over the same period. While there has been
steady progress nationally in reducing teenage conception rates, there is huge
variation in performance between local areas. The
best local authority has seen
a reduction of over 40%, whereas in some areas rates have increased in some
cases significantly.
- The
key developments that have supported England’s strategy include:
- A national media
awareness raising campaign (RU Thinking) targeted at 1317 year
old boys and girls, through adverts on independent radio and in teenage
magazines. A further campaign (Want Respect: Use a Condom), aimed at
sexually active older teenagers, focused in high under18 conception rate
areas.
- Encouragement
and support for parents to discuss sex and relationship issues with their
children, available through the ‘Time
to Talk’ initiative, supported
by the Parentline Plus helpline and website;
- All secondary
schools have a duty to provide sex education. As a minimum, this requires them
to deliver the aspects of sex education
in the statutory science curriculum,
which includes teaching on human reproduction and Sexually Transmitted
Infections/HIV. In addition,
schools are strongly encouraged, mainly through the
National Healthy Schools programme, to cover wider aspects of sex education
in
particular the relationship aspects (avoiding peer pressure, managing positive
relationships etc) within the broader context
of Personal, Social and Health
Education (PSHE); and
- In Northern
Ireland, all postprimary schools are required to provide relationships and
sexuality education. The revised curriculum
includes a new Personal Development
strand, which is compulsory for all pupils. Through Personal Development,
schools are required
to cover sex education, with the physical aspects of
reproduction also being included within Science, personal health and wellbeing
(including physical and emotional) and also relationships (qualities of a
loving, respectful relationship) and managing emotions.
- Since
the strategy began, the proportion of 1619 year old mothers in England who are
engaged in education or training has risen from
an average of 23.1% for the
period 199799, to an average of 29.2% in the period 200406. In addition, the
strategy involves action
to: reduce the incidence of infant mortality and low
birth weight amongst children born to teenage mothers; improve young
mothers’
emotional health and well being; and ensure that teenage mothers
are not allocated independent tenancies without support. Specific
features of
the support available to teenage mothers include:
- Intensive
support for teenage parents (including fathers) through the Sure Start Plus
Pilot programme, which ran until 2006 in 35
Local Authorities. Evaluation of the
programme demonstrates significant benefits of dedicated personal advisers
providing targeted
support. Lessons from the pilots have been mainstreamed into
the delivery of Children’s Centres and local Targeted Youth Support
strategies;
- Financial
support to meet childcare costs for teenage parents under 20 returning to
education or training, through the ‘Care
to Learn?’
initiative;
- In
Scotland, teenage pregnancy rates have also fallen since 1999, although rates do
remain comparatively high in less affluent areas.
Respect and
Responsibility, Scotland’s National Sexual Health Strategy, which was
published in January 2005, details two specific targets to tackle teenage
pregnancies both generally throughout Scotland and more specifically in deprived
areas. High quality Sex and Relationships education
has been developed and is
offered to secondary
- schools
throughout Scotland. In addition to Respect and Responsibility, the
Executive is developing policies which address underage drinking and drug abuse,
which can contribute to under age and unprotected
sex and unintended
pregnancies.
- In
Wales, since the launch of the Strategic Framework for Promoting Sexual
Health in 2000, progress has been made towards reducing high rates of
teenage conception. Between 1999 and 2005 the rate for conceptions
amongst under
18s fell 15.3% and the rate for under 16s fell 18.8%. However, the Assembly
Government considers that figures remain
too high and that this work remains a
priority. Actions to reduce teenage conceptions have included ringfenced funding
for confidential
sexual health services and high quality sex and relationship
education through statutory Personal and Social Education in schools.
- Northern
Ireland’s Teenage Pregnancy and Parenthood Strategy, comprises a number of
actions around the following areas: policy
development, information and
education, parent/child communication, improving services and training,
providing support and research.
The Strategy contains a target to reduce the
rate of births to teenage mothers aged under 17 by 40% by the end of 2007.
Considerable
progress has been made towards achieving this target. Latest
figures (2003 2005) show a reduction to 3.1 per 1,000 births from the
2002
position of 4.1 births per 1,000 girls under 17.
(c)(i) Mental health and counselling for adolescents
- The
UK Government continues to improve access to Child and Adolescent Mental Health
Services (CAMHS) in England and to improve the
life outcomes of children with
mental health problems.
- In
England, the Department of Health ensure that all patients who need them have
access to a range of services to tackle mental health
problems and emotional
wellbeing by 2006. Significant progress has been made towards that target, and
by the end 200607 all 152 Primary
Care Trusts in England reported 24 hour cover
available for urgent needs and specialist assessments undertaken within 24 hrs
or during
the next working day.
- As
a result of the Every Child Matters reforms, more multiagency
support teams some incorporating both generalist and more specialist
counselling and therapeutic skills
are being developed across local areas in
England. The Department for Children, Schools and Families has provided further
encouragement
to these developments through Youth Matters (described in
chapter 3 of this report), and the establishment of 14 Targeted Youth Support
Pathfinders.
- In
Scotland, there are a number of strategies in place for improving child and
adolescent mental health services. These strategies
emphasise the need to
provide more consistent support for children and to ensure high quality care and
support for those children
who are experiencing mental health problems and
specifically include commitments for delivery by 2009.
- In
Wales, CAMHS provision at all levels and through all agencies is in the process
of being reviewed independently by the Wales Audit
Office and the Health
Inspectorate Wales. The
- Welsh
Assembly Government also consulted on a national strategy in February 2007,
aimed at developing counselling throughout all schools
in Wales. The Assembly
Government will continue to address the need to improve provision.
- In
Northern Ireland, an Independent Review (the Bamford Review) of Mental Health
and Learning Disability, was established in 2002
and included a review of CAMHS.
The review’s report (A Vision of a Comprehensive Child) was published in
July 2006 and sets
out the vision for and makes a wide range of recommendations.
Current work includes plans to develop a new 18 bed adolescent mental
health
inpatient unit which is due for completion in 20082009; Crisis Intervention
Services funded through the Children and Young
People’s funding package
(worth around £107 million in total); and enhancing CAMHS provision through
appropriate timely
clinical intervention for young people.
(c)(ii) Preventing suicide
- In
September 2002, the Government published the National Suicide Prevention
Strategy for England. The strategy supports the Government
target to reduce the
death rate from suicide and undetermined injury by at least 20% by 2010. The
National Service Framework contains
important recommendations to address
this.
- In
Scotland, Choose Life a national strategy and action plan to prevent suicide in
Scotland was launched in 2002. It has a target
of a 20% reduction in population
suicides by 2013. Among the priority groups for action are children
(especially looked after children)
and young people (especially young men). Each
local authority area has a suicide prevention coordinator with lead
responsibility
for the development of local suicide prevention action plans
which are tailored to local circumstances and need. This local work
is supported
by local Choose Life funds provided by the Scottish Government and held by local
authorities on behalf of their Community
Planning Partners.
- Following
growing concerns about an increase in the number of suicides, particularly among
young people, a Taskforce was established
in July 2005 to develop a separate
Suicide Prevention Strategy for Northern Ireland. The subsequent strategy aims
to tackle the issue
throughout the general population, but also contains actions
aimed at those individuals and communities at most risk, particularly
young
males. £1.9 million has been secured for the implementation of the Strategy
in 200607, and a total of £3 million
has been identified for 200708
onwards.
(d) Supporting homosexual and transsexual young people
- New
legislation introduced in the UK since 1999 prohibits discrimination against
homosexual and transsexual young people. Further
detail on this, and on wider
work to combat discrimination, is given in chapter 3 of this report.
- Section
28 of the Local Government Act 1988 was repealed in England and Wales in 2003
and in Scotland in 2000.
Standard of living
CRC/C/15/Add.188, para. 46:
The Committee urges the state party:
(a) To take all necessary measures to the “maximum extent
of...available resources” to accelerate the elimination of
child
poverty;
(b) To better coordinate and reinforce its efforts to address the causes
of youth homelessness and its consequences;
(c) To review its legislation and policies concerning benefits and social
security allowances for 16 to 18yearolds.
(a) Reducing child poverty
- In
the two decades prior to 1997, child poverty in the UK more than doubled and the
UK had one of the highest child poverty rates
in Europe. In March 1999, the UK
Government pledged to eradicate child poverty within a generation. Its first
challenge was to address
this underlying increase, and then make progress
towards its commitment to halve child poverty between 199899 and 201011 and
eradicate
it by 2020. Progress against the target to halve child
poverty is measured by two indicators:
The number of children in
households with income less than 60 per cent of contemporary median; and
The number of children in households with income less than 70 per cent of
contemporary median, combined with material deprivation.
- The
Government’s strategy for tackling child poverty and material deprivation
is set out in the Child Poverty Review (2004). The strategy
includes:
- Measures to
ensure that work pays through employment opportunity for all, with financial
support for those who need it;
- Supporting
parents, so that they are able effectively to support their children;
- Delivering high
quality public services in all neighbourhoods, with targeted support for those
with additional needs;
- Tackling the
underlying causes of poverty, such as educational underachievement, low skills,
lone parenthood, disability, and poor
housing and
neighbourhoods.
- The
UK Government’s system of financial support for families is based on help
for all families with additional help for those
who need it most. It is
delivered primarily through a combination of Child Benefit and Child Tax Credit
(see below). In March 2007,
the Department for Work and Pensions (DWP) released
Working for Children, outlining the contribution to be made by employment
policies in tackling child poverty.
- Tax
credits are now benefiting around 10 million children in 6 million
families in the UK. In 200405, takeup of tax credits for families
with
children was 82 per cent, rising to 97 per cent for those on incomes less
than £10,000, significantly higher than for previous
comparable systems of
support. In the 2007 Budget, a package of reforms was announced, designed to
simplify the personal tax and
benefit system, to make work pay and to tackle
child poverty. These will provide additional support to families with children,
by
increasing the child element of the Child Tax Credit, in April 2008, by
£150 per year above earnings indexation. Combined with
the 2007
Budget’s other reforms to personal taxation and tax credits, this is
expected to lift a further 200,000 children out
of relative poverty. As a result
of all reforms to the tax and benefit system since 199798, by April 2009
families with children
will have benefited from around £13bn additional
spending, and will be, on average, £1,800 a year better off in real terms.
Families with children in the poorest fifth of the population will be
£4,000 a year better off.
- Child
poverty has fallen faster in the UK than in any other EU country, and is now
close to the European average. Between 200405 and
200506 the number of children
in relative lowincome households rose by 100,000. The first set of data on
material deprivation in
200405 became available last year and, since then, the
Government has been analysing it and will, later this year, set a baseline
and
threshold for the measure later this year. As the indicator has not yet been
determined, it has not been possible to assess progress
against this aspect of
the child poverty target.
- The
number of children in relative
poverty[2] in England has
reduced significantly. In 200506 there were 600,000 fewer children in
relative poverty than in 199899. This is a decrease
from 26 per cent to 22 per
cent of children. In England, local areas are required to work towards achieving
the economic wellbeing
of children, as set out in Every Child Matters and
the Children Act 2004.
- In
Scotland, child poverty has been reduced by over a third. Since 199899,
100,000 children have moved out of relative low income
a reduction of 34%.
In terms of children in absolute low incomes, for the same period the number has
more than halved.
- The
new Scottish government has committed to sharing the UK Government’s long
term target to eradicate child poverty by 2020.
The progress made in Scotland is
more fully described at chapter I.
- In
Wales, the percentage of children living in relative income poverty has fallen
from 35 per cent (of all children in Wales) at the
time of devolution
(199798/19992000) to 28 per cent in the most recent period (200304/
200506). The Welsh Assembly Government’s
Child Poverty Strategy and
Implementation Plan set out how it will play a full and active part in meeting
its shared commitment with
the UK Government to eradicate child poverty by
2020.
- Lifetime
Opportunities, Northern Ireland’s AntiPoverty and Social Inclusion
Strategy was launched on 13 November 2006. The new
strategy’s two overall
objectives are to work towards eliminating poverty and social exclusion in
Northern Ireland by 2020
and to end child poverty by 2020 based on the
estimate of approximately 130,000 children in Northern Ireland in relative
income
poverty in 199899, this means lifting 65,000 children out of poverty by
2010 on the way to eradication by 2020. Although ‘Lifetime
Opportunities’ and its associated Objectives, Goals and Targets are still
formally to be considered by the Northern Ireland
Executive Committee, Section
16 of the Northern Ireland St Andrews Agreement Act 2006 places a statutory
obligation on the Northern
Ireland Executive Committee to adopt a strategy
setting out how it proposes to tackle poverty, social exclusion and patterns of
deprivation
based on objective need.
(b) Reducing youth homelessness
- In
England, the homelessness strategy Sustainable Communities: settled homes;
changing lives described how children can become homeless for a wide range
of often complex reasons. Current estimates are that about 7,500 1617
year olds
are accepted as homeless by housing authorities each year. Statutory protection
available for children who are at risk
of homelessness has been strengthened and
local authorities are encouraged to tackle youth homelessness. Since 2002, 1617
year olds
(with certain exceptions) and young adults aged 1820, who were
formerly looked after children, have been given priority for accommodation
under
the homelessness legislation. This means they must be secured suitable
accommodation if they become homeless through no fault
of their own.
- The
Government is working to improve links between housing services and
children’s services to safeguard children at risk of
homelessness. The
revised statutory Homelessness Code of Guidance (published in July 2006) which
explains local authorities’
duties under the homelessness legislation,
includes a new separate chapter on 1617 year olds, providing guidance on the
specific
duties that housing authorities have towards this group.
- The
Government has also taken a number of other new steps:
- A new
partnership with YMCA England and Centrepoint to deliver a National Youth
Homelessness scheme, including developing a network
of supported lodgings
schemes across England and ensuring young people have access to them;
- Setting up a
committee of formerly homeless young people, to advise Ministers directly on
policy by sharing their experience and concerns;
- Establishing a
new Centre of Excellence in every region where those councils that have already
made good progress in tackling youth
homelessness will share expertise with
neighbouring councils and agencies;
- Supporting the
development and embedding of innovative models of tackling youth homelessness.
For instance, funding the Foyer Federation
to roll out the Safe Moves model in
200607, encouraging its adoption by local authorities (see response on runaways
below for more
detail).
- As
a result new cases of homelessness reported by local authorities have fallen in
the most recent year to 17,230 the lowest level
since the early 1980s.
However, more than a third of new cases of homelessness were young people aged
under 25.
- In
Scotland, the Housing (Scotland) Act 2001 and the Homelessness etc (Scotland)
Act 2003 have introduced a number of changes to the
way homelessness is
tackled. These include:
- Requiring all
local authorities to develop and publish a homelessness strategy;
- Giving priority
need for accommodation to all households with dependent children who present as
homeless, and to all 1617 year olds
who present as homeless;
- Requiring local
authorities to take the best interests of children into account in discharging
their homelessness functions and;
- Preventing the
routine use of unsuitable temporary accommodation for children or pregnant women
through the Homeless Persons (Unsuitable
Accommodation) (Scotland) Order
2004.
- These
measures have produced a number of positive outcomes, for example by 2006
there has been a 10% reduction in the number of children
in hostel accommodation
and a similar reduction in the number of children in bed and breakfast.
- In
Wales, legislation has been passed to end the long term placement by local
authorities of young homeless people in bed and breakfast
accommodation,
which came into effect in April 2007. The Homelessness (Suitability of
Accommodation) (Wales) Order 2006 also sets
higher standards for shared
temporary housing for young people, and requires local authorities to take
account of their personal,
social and health needs when securing accommodation
for them. The Children’s NSF in Wales also addresses the needs of children
who are homeless. As a result of this legislation and a strong response by local
services, the number of families found to be homeless
fell by 38% from 200406
and over 2006 the number of homeless families living in hotels fell by 40%.
- In
Northern Ireland, proposals are currently under development to bring the
legislation covering youth homelessness more closely into
line with equivalent
legislation in other parts of the United Kingdom. This would mean that
additional groups of children, including
all 16 and 17 year olds, who are
homeless and who do not fall within the remit of social services, would be given
priority need status.
(c) Benefits and social security allowances for 16 to 18 year
olds
- It
is the policy of the UK Government not to encourage children to leave home
unnecessarily or before they are ready, so in most cases
financial help for
children goes to their parents in the form of Child Benefit or Child Tax
Credits. However, the rules are flexible
enough to make sure that the most
vulnerable children can get benefit in their own right if they need it. For
example, Income Support
or Jobseeker’s Allowance can be paid to lone
parents and to young people estranged from their parents. Supporting Young
People to Achieve (March 2004), the report of the crossGovernment Review of
Financial Support for 1619 year olds, set out a range of measures, which
came
into effect in April 2006. These include changes to Child Benefit and Income
Support rules to extend financial support to unwaged
trainees and to 19
year olds finishing their course; revised guidance for Jobcentre Plus
staff to improve and simplify the processing
of claims for Job Seekers
Allowance by 1617 year olds; and guidance for parents and young people on
financial support.
- In
addition, the 2005 Budget introduced £60 million over 2 years to pilot
Activity Agreements and an Activity Allowance for 1617
year olds not in
employment or learning in 8 areas of England from April 2006, and
£80 million over 2 years to pilot a negotiated
Learning Agreement for
1617 year olds in work with no training in 8 areas of England from April
2006.
B. National programmes update
Survival and development
- In
addition to the support for health and development detailed above in response to
the Committee’s concluding observations,
there has been an unprecedented
expansion in England and Wales in early education and childcare since 1997,
investing well over £21
billion on services to help give young children the
best possible start in life. Since the UK’s last report, the Childcare
Act
2006 has become the first UK legislation to be devoted to early years and
childcare. It gives statutory authority to key commitments
in the
Government’s Ten Year Childcare Strategy, published in December 2004.
- The
Act creates a duty on English local authorities, working in partnership with the
NHS and Jobcentre Plus and with private, voluntary
and independent providers and
parents, to improve outcomes for all young children in their area, and reduce
inequalities between
them. These provisions include a specific duty to have
regard to the views of young children themselves (section 3(5)).
- The
improvement of outcomes for young children is primarily being achieved through
the creation of Sure Start Children’s Centres.
These are onestop central
hubs for children under the age of five and their families, with early access to
family health care, advice
and support for parents including drop in sessions,
outreach services, integrated early education and childcare and link through
to
training and employment. In June 2007, there were 1,294 Sure Start
Children’s Centres it is planned that there will be
2,500 Centres in
operation by 2008, so that the most disadvantaged families will have access to a
Centre; and 3,500 Centres by 2010,
so that there will be a Centre in every
community.
- The
Early Years Foundation Stage (EYFS), which all registered early years providers
and schools will be required to deliver from September
2008, brings together
learning, development and care of all children from birth to five, regardless of
the setting, and removes the
current divide between both care and education and
children aged 03 and 35 years. It draws on the existing Birth to Three
Matters, the Curriculum Guidance for the Foundation Stage, and the National
Day Care Standards to secure high quality, playbased and childcentred
provision.
This will ensure that all young children, regardless of family circumstances,
have access to a high quality learning and
development experience which evidence
demonstrates leads to the achievement of higher outcomes later in life. Reformed
inspection
arrangements are designed to ensure that early years providers are
delivering the care, learning and development set out in the EYFS.
As a result,
parents can be confident that whichever setting they choose, their child will
receive high quality provision. Similar
arrangements have been put in place by
the Welsh Assembly Government.
- In
Scotland, preschool education is underpinned by A Curriculum Framework for
Children 3 to 5. This is currently under review as part of A Curriculum for
Excellence which is reviewing the 318 curriculum in Scotland. The early
stage of
A Curriculum for Excellence will cover aged 3 to the end of primary 1 (around 6
years) and will encourage a more active
approach to learning and teaching in
early primary and will improve transitions between nursery and primary school.
In 2005 the Executive
published Birth to Three Supporting our Youngest Children
which provides guidance for those caring for children and very young children.
In Scotland regulation of all early years and childcare settings is undertaken
by the Care Commission, in partnership with HMIE where
settings are providing
preschool education.
- In
Northern Ireland, Early Years Services transferred to the Department of
Education (DE) from November 2006, (prior to that policy
responsibility for
Early Years was with the Department of Health and Social Services and Public
Safety). The rational for the move
is to join up delivery to provide better
outcomes for children and parents, and deliver Early Years services from an
integrated care
and education platform. “Ageappropriate” is at the
heart of DE’s learning strategy, and for young children that
means play.
DE is currently implementing a developmental programme for 2 year olds (based on
Birth to Three Matters) which will focus
on constructive play in group settings
to enhance the children’s social development, build on their communication
and language
skills, and encourage their imagination through play. Furthermore,
the Northern Ireland education system has recognised the value
of play with the
introduction of the Foundation stage for Primary 1 and Primary 2, which
recognises that preparation for learning
is most effective when children learn
through an enriched and playbased experience.
Children with disabilities
- In
2005 the UK Government published Improving the Life Chances of Disabled
People. The report looked across a wide range of services at the barriers
faced by disabled people, including children, and the need for
improvements to
give disabled people the same opportunities and wide range of services as the
rest of society. The report supports
the Government’s longterm vision that
by 2025, disabled children and adults should have full opportunities and choices
to improve
their quality of life and will be respected and included as
equal members of society. Following the report, a new Office for
Disability Issues was established to act as a strategic unit responsible for
coordinating the UK Government’s work on disability and ensuring
that this
fits with the wider equalities agenda.
- To
provide specific support, the National Service Framework for Children, Young
People and Maternity Services includes five specific
standards for children in
England with particular needs, such as disabled children. The standard for
disabled children, states that
“Children and young people who are
disabled or who have complex health needs receive coordinated, high quality
child and familycentred
services which are based on assessed needs, which
promote social inclusion and, where possible, which enable them to live ordinary
lives.”
- Along
with the disabled children’s standard and the five core standards of
the National Service Framework, the UK Government
is implementing a
range of specific further work to support the families of disabled children, for
instance:
- The Family Fund
provides grants across the UK directly to approximately 45,000 families per
year with severely disabled children up
to age 16, where the family income is
less than £23,000 a year. How the grant is used will depend on the needs of
the family.
Examples include: family holidays for those who would otherwise not
have a break, bedding and clothing, washing machines and other
appliances,
transport costs to help ease the burden of frequent hospital visiting, play
equipment and other practical support. The
fund operates on a UK wide basis, and
will receive nearly £30 million in 200708 from England, Northern
Ireland, Scotland and
Wales;
- The UK
Government is increasing funding for short breaks in England through yearly
increases in the Carers’ Grant, worth £185
million in 200506 and
around 20% of which is spent on children’s services. In Wales the
£5.9 million Carers’ Grant
transferred into the local
authorities’ Revenue Support Grant from 1 April 2006.
Disabled Children’s Review
- The
Disabled Children Review: Aiming High for Disabled Children Supporting
Families was published in May 2007. Building on Every Child Matters, it sets
out further reform of children’s services in England from
2008 to 2011 to
empower disabled children, young people and their families, boost prevention and
early intervention, make services
more responsive and personalised, and improve
the engagement of children and families.
- The
review provides over £340m of new investment from 2008 to 2011, to make a
step change in the provision of respite care or
short breaks for families with
disabled children, preventing stress and potential family breakdown.
Special Educational Needs (SEN)
- A
new longterm SEN strategy for England, Removing Barriers to Achievement
was published in 2004 promoting further improvements in SEN provision through
early intervention, embedding inclusive practice, developing
teachers’
skills and delivering improvements in partnership. The Government established a
team of SEN advisers to visit all
150 local authorities in England supporting
implementation of the strategy.
- In
Scotland, the Education (Additional Support for Learning) (Scotland)
Act 2004 replaces the system for assessment and recording
of children and
young people with special educational needs, including the Records of Needs
process, established by the Education
(Scotland) Act 1980. The 2004 Act
introduces a new system for identifying and addressing the additional support
needs of children
who face a barrier to learning. The Act encompasses any need
that requires additional support in order for the child to learn.
- In
Northern Ireland, the Special Educational Needs and Disability (Northern
Ireland) Order 2005, (SENDO), has strengthened the right
of children with
SEN to be educated in mainstream schools where parents want it and the interests
of other children can be protected.
A total of £57.8 million (over three
years) is being provided to implement SENDO.
- In
Wales, Estyn (the Schools Inspectorate) undertook a review of Best Practice
in the Development of SEN and Delivery by Schools of the Agreed Action
(2004), and further commissioned research was undertaken on Modernising the
Management of SEN in Wales (2004). The Welsh Assembly Government is
currently developing a National Inclusion Policy and Performance Framework.
Estyn will be monitoring
inclusive educational practices during 200708, as part
of its remit.
Health and health services
- The
UK Government’s vision for improving the health of children, young people
and pregnant women in England is set out in the
National Service Framework
(NSF) for Children, Young People and Maternity Services, published in 2004.
The NSF comprises eleven standards, to be delivered by 2014. Each standard
contains markers of good practice,
which will help the NHS, local authorities
and partner agencies to achieve and demonstrate high quality service provision
for all
children, young people and their parents and carers.
- The
Children’s NSF does not restrict itself solely to the NHS area of services
but focuses on all areas of service provision
which will have an impact on a
child or young person’s life, health and wellbeing. Progress in
implementing the standards is
monitored and evaluated at both local and national
levels, but the management of the NSF in Wales is being undertaken by the
Children
and Young People’s Framework Partnerships and data collected from
the various service sectors feeds into a selfassessment audit
tool used to
determine local priorities and to inform decisions on national ones. In England
activity to deliver the NSF includes:
- An extensive
programme of work to safeguard children. In August 2006, £12 million
of capital monies were distributed to Strategic
Health Authorities to support
child safeguarding work carried out by Primary Care Trusts (PCTs), NHS
Foundation Trusts, and NHS Trusts;
- Investing
£27 million over three years in children’s hospices and hospice at
home services, starting in 2006;
- Introducing a
series of Life Checks at three key stages of life (early years, adolescence and
midlife). The Early Years Life Check
will help parents (and carers) to identify
the support they need to ensure that their child achieves the best health
outcomes possible.
The Teen Life Check an online quiz style questionnaire has
been designed to empower young people to take greater control of their
health
and wellbeing by raising their awareness of risk taking behaviour and the range
of local and national support services available
to them. The tool, launched in
February 2007 is being piloted in the Teenage Health Demonstration Sites (see
paragraph 3 above).
The evaluation findings will inform the next steps; and
[DH] [DN: need to check the reference to para]
- The Department
for Health and Department for Children, Schools and Families have commissioned
the National Youth Agency to embed health
knowledge and skills within youth
work, through lifelong learning UK, which sets the framework and standards for
Higher Education
Institutions. This will maximise opportunities for the
provision of health information, advice and guidance in nontraditional settings.
[DH]
- In
England there has been record investment in the NHS rising from
£33 billion in 199697 to £92.2 billion in 200708. This
increased investment is enabling the NHS to expand its capacity to care for
patients with many of the improvements in health and
social care benefiting
children. The Department of Health published Choosing Health,
Health Reform in England: update and next steps in 2004, and in 2006
published Our health, our care, our say. Together, these documents
describe the direction of reform for health and adult social care in England,
towards services designed
around the needs of the patient, based on the
principle of informed choice.
- The
Action Framework for Children and Young People’s Health in Scotland
sets out key areas of activity relating to children’s health in
Scotland for the next 310 years and provides a basis for taking
forward work on
key child health issues. Health services in Scotland have tiered levels of
intervention to ensure that those children
and families who have a greater level
of need are able to access a higher level of support.
- In
Wales the Assembly Government’s National Service Framework (NSF) for
Children, Young People and Maternity Services was launched
in September 2005.
The Welsh NSF is drafted on a rights basis, and sets out 21 standards over 200
specific key actions which will
deliver the standards of service in health,
social care, and other local government services (education, transport and
environment),
from before birth to adulthood.[Wales]
- The
Northern Ireland Public Health Strategy Investing for Health, launched
in 2002, sets out in detail government’s priorities for
improving the health and wellbeing of the people of Northern Ireland.
Investing for Health has established partnership arrangements, such as
the cross Government Ministerial Group on Public Health and at local level
Investing
for Health partnerships, to support and encourage action to improve
health by all sections of society.
Looked after children
- Since
the UK’s last report, the Healthy Care Programme has been funded by the
Department for Children, Schools and Families
and developed by the National
Children’s Bureau. It is a practical means of improving the health and
wellbeing of looked after
children and young people in England in line with the
Department of Health Guidance Promoting the Health of Looked After Children
(2002).
- Additional
proposals to support the health of looked after children in England were
published by the UK Government as part of the
Care Matters consultation
in October 2006. Additional measures to support the physical and mental health
of looked after children in England were
set out in Care Matters: Time for
Change in June 2007 including an appropriate focus on looked after
children within forthcoming Joint Strategic Needs Assessment and the
reissuing of Promoting the Health of Looked After Children on a
statutory footing for both local authorities and healthcare bodies.
- In
Wales, the Assembly Government policy Toward a Stable Life, supported by
regulations that come into effect in July 2007, sets out new duties on Welsh
local authorities and their statutory
partners in 22 Children and Young
People’s Partnerships, to improve the health and wellbeing of looked after
children. These
changes place increased emphasis on the child’s health and
educational needs (in particular, any mental health needs the child
may have)
and of the services required to meet those needs; prescribe timescales for
health assessment; cover registration and transfer
of medical records to GPs and
put in place new tracking and health monitoring systems.
- The
Scottish Executive published a report on the educational outcomes of looked
after children in January 2007, ‘Looked after children and young
people: we can and must do better’. One of the key proposals in this
report was that each NHS Board will assess the physical, mental and emotional
health needs of all
looked after children for whom they have responsibility and
put in place appropriate measures which take account of these assessments.
They
will ensure that all health service providers will work to make their services
more accessible to looked after children and
to those in the transition from
care to independence.
- The
LACE (Looked After Children in Education) project was established in 2001 and
has been developed by Include Youth, VOYPIC and
Save the Children. Its overall
aim is to improve the educational outcomes of looked after children in Northern
Ireland by informing
practice and policy development. The LACE project works in
partnership with all agencies which contribute to the education of looked
after
children in particular Health and Social Care Trusts, the Education and Library
Boards and their education services, schools,
the Youth Justice Agency, the
youth service and community groups working within each of the three pilot
project areas. There are
also two initiatives within the Children and Young
People’s Funding package aimed at improving education provision for looked
after children.
Reducing smoking
- The
UK Government and devolved administrations are determined to prevent children
from becoming addicted to smoking, and to help those
young people who do smoke
to give up. A continued multifaceted tobacco control programme is being taken
forward by the UK Government
and devolved administrations, which includes:
- All enclosed and
substantially enclosed public places and workplaces have become smoke free to
reduce children’s exposure to
secondhand smoke;
- Recent media
campaigns focusing on motivations that matter to young people: links between
smoking and impotence for young men and
damage to physical appearance for young
women. There is also education in school throughout the UK about the danger of
smoking including
under the National Curriculum in England and Wales throughout
the school career;
- A comprehensive
ban on all tobacco advertising, promotion and sponsorship in the UK, including
internet advertising. Research has
shown that banning tobacco promotion has had
a significant impact on children; and
- The age of sale
for tobacco is to be raised from 16 to 18 from October 2007 in England, Scotland
and Wales. In Northern Ireland, the
Assembly will shortly be invited to consider
raising the age of sale. There will also be tougher sanctions against retailers
who
repeatedly flout the law on underage sales.
- Smoking
rates among 1115 year olds in England have been reduced from 13% in 1996
to 9% in 2005. In Wales, data suggests that the proportions
of 1116 year
olds smoking were 13.9% in 1996 and 11.6% in 2004.
- The
Welsh Assembly Government is targeting prevention messages at young people
through initiatives such as Smokebugs Clubs for primary
school children and the
SmokeFree Class Competition in secondary schools, both wellestablished projects.
More recently, after a very
successful pilot, the Assembly Government is funding
the ASSIST project which is being rolled out by the National Public Health
Service.
This is a schoolbased peer education project. Pupils in year 8 (aged 12
to 13) are trained to intervene effectively in everyday situations
in order to
prevent smoking uptake and promote smoking cessation among their peers.
- In
Scotland, smoking prevalence among 13 year olds has declined since 1998, from 9%
to 3% among boys and from 11% to 5% among girls.
Among 15 year olds smoking
prevalence has declined since its peak in 1996, from 30% for both boys and girls
to 12% and 18% respectively.
The Scottish government is also committed to
reducing this further and will be publishing a new 5 year Smoking Prevention
Action
Plan aimed at preventing children and young people from starting to smoke
and becoming regular smokers. This will build upon the
tobacco control work
already undertaken and include a wide range measures including improved
educational programmes and steps to
reduce the availability of cigarettes to
children.
Alcohol
- In
June 2007 the UK Government published a new strategy for England, focusing on
early interventions to reduce the harm caused by
alcohol. New action includes
more help for people who want to drink less, investing well over £6 million
in public information
campaigns to promote sensible drinking, new clear drinking
guidance for parents and children, an independent review of alcohol pricing
and
promotion, compulsory local alcohol strategies in every area and toughened
enforcement of underage sales laws for retailers.
- In
England, in 2006 fewer young people aged 1115, reported drinking than
in 2001, but those who do drink are consuming more alcohol,
more
frequently. Whilst 43% of 11 to 15 year olds have never had an
alcoholic drink, the 22% who reported drinking in the previous
week were
drinking greater quantities than reported in previous surveys. Worryingly, the
amount of alcohol consumed by 11 to 13year
olds who drink continues to
climb, from an average of 5.6 units a week in 2001 to an average of 10.1 units a
week in 2006. Also,
high levels of alcohol consumption are linked with a range
of highrisk behaviours, including teenage pregnancy, antisocial behaviour,
offending, and truancy.
- Since
the publication of the 2004 alcohol strategy, there has been significant
progress on tackling underage drinking. Test purchase
campaigns indicate that it
is increasingly difficult for under18s to purchase alcohol. However, evidence
suggests that younger adolescents
obtain alcohol from parents and peers.
- While
there are no current plans to raise the age at which alcohol may be consumed or
bought, there is a growing emphasis on the provision
of guidance to parents and
children. The Government is committed to providing guidance and advice to young
people and parents based
on the advice of a panel of youth experts (as well as
on consultation with young people).
- Reducing
harmful drinking by children is one of the key priorities in the Scottish
Executive’s Updated Plan for Action on Alcohol
Problems aiming for a
Scotland in which alcohol is treated responsibly. The Executive is looking to
improve school and community
based education, improve support for parents and
ensure children affected by alcohol problems have access to appropriate
prevention,
education and treatment services. Measures have been introduced in
the Licensing (Scotland) Act 2005 which will tackle underage drinking.
It will
be a condition of holding a licence for all licensed premises that they operate
a noproof nosale system. This means requesting
proof where age is in doubt and
displaying nationally approved signage. In addition, since June 2006 a trial
testpurchasing scheme
has been in successful operation in one Scottish police
area.
- The
Scottish Schools Adolescent Lifestyle and Substance Use Survey found that,
in 2004, 84% of 15 year olds and 57% of 13 year olds
had had an
alcoholic drink. 43% of those 15 year olds and 15% of those 13 year
olds reported drinking in the last week. Both 13 year
olds and 15 year olds who
are regular drinkers are more likely to smoke or use drugs than those who do not
drink.
- Alcohol
(and drugs) education is delivered in a consistent manner across Wales by the
All Wales Schools Programme The delivery of
the Programme ensure that all
children in school are receiving key messages and are informed about the choices
that they can make.
The Programme is delivered by the four Wales police forces
and is jointly funded by the police and the Welsh Assembly Government.
- The
aims and objectives of the Programme are to: work towards achieving crime and
disorder reduction within young communities through
the medium of education and
to promote the principles of positive citizenship, in school and in the wider
community
- The
partnership between schools and the Police provides a positive strategy to
schools so that all pupils have opportunities to enhance
their knowledge,
understanding, behaviour, attitudes, values and skills regarding: substance
education, which includes alcohol and
illegal drugs, antisocial behaviour and
personal safety. The Programme operates in 97% of primary and secondary schools
in Wales.
An external evaluation of the Programme was published in autumn 2005,
which reported that there had been good progress, in a short
period, in
implementing the Programme nationally. It was judged to have been well received
by pupils and to be on a very sound footing.
The Programme has been extended to
cater for children and young people disengaged from the formal education
system.
Social security and childcare services and
facilities
Childcare
- Since
1997, the UK Government has substantially invested in services for young
children and families. In 1997, there was a registered
childcare place for 1
in 8 children under 8, whereas there is now a registered place for 1
in 4 children. At December 2006, the stock
of registered childcare stood at over
1.29 million places (more than double the 1997 level). The 1.29m registered
places are being
delivered by over 96,000 childcare providers, including more
than 71,500 childminders.
- The
Childcare Act 2006 places a duty on local authorities in England and Wales to
secure sufficient childcare for working parents.
They must secure, “so far
as is reasonably practicable”, the provision of childcare (whether or not
provided by them)
that is sufficient to meet the needs of parents in their area
who require it.
- The
2006 Act also places a duty on local authorities to secure prescribed early
years provision free of charge in specified circumstances.
Under sections 12 and
27, the local authority must provide information, advice and assistance about
the provisions for childcare
in the area.
- In
April 2006, a ‘Home Childcarer’ scheme was introduced in Northern
Ireland, providing a new form of registered childcare
to allow parents to have
approved childcare in their own home and claim tax credits against the cost.
From April 2007, the introduction
of the Home Childcarer Approval Scheme
provides flexibility for parents who work outside usual working hours and those
with disabled
children to access registered childcare or to receive financial
assistance with childcare costs.
- In
Wales, the Childcare Act 2006 supports similar duties to secure the sufficient
provision of childcare, and to provide information,
advice and assistance
regarding childcare and other family services in the area. The Assembly
Government has secured European Social
Funds of approximately £12.5 million
over 3 years (200508) for the Genesis Wales project, which provides in each
local area
a comprehensive package of advice, guidance, support and childcare
for individuals wishing to access work, training, and or learning
opportunities.
Since 1999, the number of registered childcare places in Wales has increased
from 54,603 to 67,711 at March 2006.
- In
Scotland all 3 and 4 year olds are now entitled to twelve and a half hours
of free preschool provision for 33 weeks per year, to
increase to 38 weeks
from August 2007. Ninety nine per cent of 4 year olds and ninety six
per cent of eligible 3 year olds were registered
for preschool education in
January 2007.
- The
Scottish Executive’s Childcare Strategy aims to provide affordable,
accessible, good quality childcare for children in all
neighbourhoods. In
order to achieve these aims the Executive provides Childcare Strategy funding to
local authorities who are responsible,
in consultation with their Childcare
Partnerships, for allocating the funding to meet local childcare
needs. The Childcare Strategy
funding has risen from £5.75m in 1999,
to its present level of £44.56m (200708). In March 2007, there were 156,814
registered
day care places for children (source: Scottish Commission for the
Regulation of Care).
- In
addition to the Scottish Executive’s Childcare Strategy funding,
additional funding is being provided to promote and develop
the childcare at
home service or the ‘babysitters’ service. This service provides
childcare in the child’s own
home from early morning until late evening 7
days a week.
Child Benefit
- All
families with children (with the exception of asylumseeking families) receive
Child Benefit to help with the costs of bringing
up children. It is nontaxable,
nonincometested and is payable in respect of every child under 16, for 1618 year
olds in fulltime
nonadvanced education or on unwaged Governmentarranged training
programmes, and for 19 year olds completing an eligible course of
nonadvanced
education or training which they started before their 19th birthday.
Since 1999, Child Benefit has been increased annually in line with or above
inflation. In 200708 it is worth £18.10
a week for the first (eldest
eligible) child and £12.10 for every other child. The first child rate has
increased in real terms
by 25% since 1997. The Government has announced that
Child Benefit for the eldest child will increase to £20 per week in
April
2010.
Child Tax Credit
- In
April 2003, the UK Government introduced the Child Tax Credit (CTC), to bring
together various strands of incomerelated support
for families with children.
CTC is a single, inclusive system of support for all families with annual
incomes up to £58,000
(or £66,000 for those with a child under 1). 9
out of 10 families are entitled to CTC, which consists of a family element,
child
elements and disabled child elements. The family element is worth
£545 in 200708, with a baby addition of £545 for households
with
a child under 1. The child element of CTC is payable for each child in the
family and is worth £1,845 a year in 200708,
a total increase of £400
since its introduction. The child element will rise further to £2,080 from
April 2008.
Working Tax Credit
- In
2003 the Government introduced the Working Tax Credit which provides financial
support on top of earnings, and together with the
National Minimum Wage helps to
improve work incentives and relieve inwork poverty. It includes a childcare
element to help working
families with their childcare costs.
- The
Government has taken firm action to improve the credibility of the tax credits
system. In particular parents are supported through
the system by the
Children’s Information Service. From April 2006 the disregard for
increases in income from one year to the
next rose from £2,500 to
£25,000. This ensured almost all families with increasing income will not
have their tax credit
entitlement reduced in the first year of the increase,
further boosting work incentives and supporting childcare costs.
Child Trust Fund
- Children
living in the UK for whom Child Benefit is being received and who were born on
or after 1 September 2002 are entitled to
a Child Trust Fund. Parents
automatically receive a £250 voucher to put in a Child Trust Fund account
that they choose for their
child and can then, along with grandparents and
others, make additional payments into the account. Children in families on low
incomes
and looked after children receive an additional payment of £250.
The Government will also provide an extra £100 per year
for every looked
after child this came into effect from 1 April 2007. The account belongs to the
child and the money is theirs to
use as they think best when they reach 18.
Extra payments are received when children reach 7. In Wales, the Assembly
Government operates
a Child Trust Fund grant scheme for looked after children
and encourages Welsh local authorities to make topup payments into the
Funds of
looked after children they look after.
Standard of living
- Takehome
pay, including tax credits and child benefit, for a single earner couple on male
mean earnings, has risen by around 15 per
cent in real terms since 199798; for
the same family on half male mean earnings, the increase has been over 30 per
cent. Office for
National Statistics (ONS) household survey data shows that mean
incomes for households with children have risen by over 20 per cent
since
199798, above the average for all households, and with stronger gains for those
in the bottom two quintiles.
- The
number of children living in absolute poverty (as defined in the UK) has fallen
dramatically since 199899. This means that the
percentage of children living in
households with incomes less than 60 per cent of 199899 median income held
constant in real terms
has more than halved since 199899, a reduction in
the number of children in absolute poverty of 1.8 million.
Measures to prevent HIV/AIDs and other sexually transmitted
infections
- Since
1999, all pregnant women in England have been offered an HIV test to reduce the
level of undiagnosed HIV amongst pregnant women.
This policy has greatly reduced
the number of HIV infected babies born in England and has ensured that pregnant
women are able to
take full advantage of ante natal HIV therapy to maximise
their health and that of their unborn babies. 95% of pregnant women with
HIV are now diagnosed during the course of pregnancy (up from 81% in 2001),
enabling interventions to prevent mother to child transmission
of HIV in the
majority of cases, and exceeding the target set for 2002.
- As
a result of sustained public education and health promotion programmes the UK
continues to have a relatively low HIV prevalence
compared to other EU
countries. Since the late 1990s there has been a large drop in the number of
AIDS diagnoses and 70% drop in
AIDS deaths following the successful uptake of
highly active antiretroviral therapies.
- The
Government has launched three campaigns in England as part of its cross
departmental integrated approach to achieve the PSA target
to halve the rate of
under18 conception by 2010 as part of a wider programme to improve sexual
health. The campaigns work to educate
people about the risks associated with
unsafe sexual practices including the spread of HIV and other STIs as well as
unintended pregnancies.
They are R U Thinking, targeting under 16s, and
Want Respect? Use a condom, targeting 16 18 year old socially
disadvantaged teenagers and Condom Essential Wear, targeting 18 24 year
old young adults who engage in sexually risky behaviour.
- In
Scotland, Universal Antenatal Testing was implemented in 2003, which has reduced
considerably the number of babies born to HIV
infected mothers who did not know
their HIV status during pregnancy. Inevitably, there will be an extremely small
number of children
who are born with HIV or contract it in childhood and
antiretroviral therapy is available for those who require it, including children
born outside the UK.
- Genital
Chlamydia trachomatis infection is the most commonly diagnosed bacterial
STI in GenitoUrinary Medicine clinics in the United Kingdom. The prevalence is
highest in young sexually active adults, especially women aged 16 to
24 years and men aged 18 to 29 years. The National Chlamydia
Screening
Programme (NCSP) targets 1624 year olds. Its aim is to implement an
evidencebased and costeffective national prevention
and control programme for
genital chlamydial infection across England in which all sexually active men and
women under 25 years of
age are aware of chlamydia, its effects, and have access
to services providing screening, prevention and treatment to reduce their
risk
of infection or onward transmission. Of more than 270,000 screens performed to
date (June 2007), approximately 1 in 10 of those
screened were found to be
positive, with the highest levels found in females aged 1619 and males aged
2024.
- In
Wales, work to combat chlamydia has focused on ensuring that all young people
attending for family planning/sexual health advice
are offered the opportunity
of testing for chlamydia. Wales has also established a sexual health network
involving statutory and
voluntary agencies to provide a forum for the sharing of
best practice in all aspects of sexual health promotion.
- In
Scotland, school based Sex and Relationships Education through programmes such
as Sex and Relationships Education (SHARE) provides
learning opportunities for
children at school, including learning about HIV and STIs. The Executive’s
Health Demonstration
Project Healthy Respect works to promote learning and
development of accessible services in response to concerns about rising STIs
amongst young people in Scotland.
- In
addition to existing chlamydia testing, postal testing kits for chlamydia have
been offered to all NHS Boards in Scotland through
a National Health
Demonstration Project. The kits, which have increased the number of people being
tested and treated and have been
independently evaluated, have received positive
feedback from users. In addition, NHS Quality Improvement Scotland is currently
developing
clinical standards for sexual health in Scotland which will include a
standard on chlamydia testing for 1524 year olds, expected
to be published in
spring 2008.
C. Statistics and resources
- In
England the Healthcare Commission is responsible for carrying out independent,
patient led inspection of the performance of each
NHS organisation and
independent health organisation in England, with a focus on inspecting,
informing and improving. Through the
annual health check, the Healthcare
Commission assesses performance against core standards, including those relating
to the safeguarding
of children. The developmental standards (of which the
National Service Frameworks forms a part) also inform their assessment. For
instance, in 2007, the Healthcare Commission published Improving services for
children in hospital, which found that some parts of the NHS need to do more
to improve services for children, the overall assessment was 4% rated as
excellent, 21% good, 70% fair and 5% were rated as weak. The Healthcare
Commission is working with hospital trusts rated as weak
in the assessment to
raise their standards.
Children’s views
- The
2006/07 online survey, commissioned by DCSF, found that nearly 90% of children
and young people reported being either very healthy
or quite healthy. Only one
per cent felt that they were “very unhealthy”. Boys (33%) were more
likely than girls (24%)
to describe themselves as being very healthy. Whilst
this may indicate that the UK’s programmes and measures for improving
the
basic health and welfare of children are having an impact, there is still much
to be done to widen and further deepen their impact.
- A
study of 6,000 children revealed that 13.2% of children admitted to a lifetime
of deliberate selfharm. More girls made this admission
(11.2%) than boys (3.2%).
On standard of living, although a large majority of children did not feel that
they ever missed out on
anything because their family could not afford it
(7190%), notable minorities felt that they had missed out on healthy food (8%),
heat and warmth (8%), clothes or shoes for school (11%) and equipment for school
(11%). Children with a disability or special need
were around twice as likely to
report having missed out on these fundamentals than their peers.
- Further
statistical information related to this chapter is available in Annex
1.
D Factors and difficulties
- Improving
the physical, emotional and psychological health of children and young people is
crucial in ensuring they can thrive, learn
and enjoy life. It is also vital in
helping them avoid acute and chronic health problems and fulfil their potential
in adulthood.
A priority for the Government will be to focus on prevention and
early intervention including reducing child poverty and health inequalities,
teenage pregnancies rates and better support for children’s and young
people’s mental health. Promoting good health depends
on joint action
locally across health, education and other services to analyse local needs, to
agree priorities and to commission
services for those needs.
- The
Government has set out a clear vision to develop a patientled NHS that uses
available resources as effectively and fairly as possible
to promote health,
reduce health inequalities and deliver the best and safest possible healthcare
system for all.
- However,
there are two additional challenges that are need of further attention:
- Tackling child
obesity, which is one of the major public health issues in the developed world.
The proportion of overweight and obese
children in the population is rising
sharply. At present, obesity is responsible for 9,000 premature deaths in
England each year;
- Educating and
encouraging young people to make informed healthy choices about issues such as
selfharm, drug and alcohol use, smoking
and sexual behaviour.
- The
scale of the challenge is made clear by findings from a study of young people
carried out in 2004. Participants were given a list
of risky activities, and
asked to identify those that carried the most and least risk. They judged taking
heroin to carry the highest
risk and having sex using condoms as the least
risky. Three in 10 young people did not perceive having sex without a condom as
at
all risky; four in 10 said binge drinking is not at all risky; and one in 10
regarded riding a motorcycle or skateboarding as riskfree.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
(arts. 28, 29 and 31)
- Education
continues to be a high priority across the UK. The Government and Devolved
Administrations are committed to ensuring that
all children and young people
have the opportunity to achieve their full potential. Since 1999, investment in
education has been
significantly increased and a raft of programmes has been
introduced, strengthening children’s access, across the UK, to excellent
education, leisure and cultural activities and enhancing their experience of
them.
A. Concluding observations followup
Education
CRC/C/15/Add: Para.
48.
In light of articles 2, 12, 28 and 29 of the Convention, and in line with
its previous recommendations (ibid., para. 32), the Committee
recommends that
the State party:
(a) Ensure that legislation throughout the State party reflects article
12 and respects children’s rights to express their
views and have them
given due weight in all matters concerning their education, including school
discipline;
(b) Take appropriate measures to reduce temporary or permanent exclusion,
ensure that children throughout the State party have the
right to be heard
before exclusion and to appeal against temporary and permanent exclusion, and
ensure that children who are excluded
do continue to have access to fulltime
education;
(c) Take all necessary measures to eliminate the inequalities in
educational achievement and in exclusion rates between children
from different
groups and to guarantee all children an appropriate quality education;
(d) Ensure that children in detention have an equal statutory right to
education and improve education for children in care;
(e) Take measures and set up adequate mechanisms and structures to
prevent bullying and other forms of violence in schools and include
children in
the development and implementation of these strategies, in light of the
Committee’s recommendations adopted at
its day of general discussion on
violence against children within the family and in schools;
(f) Taking into consideration the Committee’s General Comment No. 1
on the aims of education, include the Convention and human
rights education in
the curricula in all primary and secondary schools and teacher training;
(g) Increase the budget for and take appropriate measures and incentives
to facilitate the establishment of additional integrated
schools in Northern
Ireland to meet the demand of a significant number of parents;
(h) Develop educational programmes for teenage mothers to facilitate and
encourage their further education;
(i) Evaluate the impact of privatisation of schools on the right of
children to education.
(a) Ensure that legislation respects children’s rights to
express their views
- In
England, the Department for Children, Schools and Families published, in July
2004, a five year strategy for supporting children
and learners, in which the
wishes of children, parents and learners are central. That strategy is
strengthened by the Every Child Matters: change for children agenda,
described in more detail earlier in this report. As part of its implementation,
and following on from the Children Act 2004,
from April 2006 all local
authorities were required to produce a new Children and Young People’s
Plan, in consultation with
children and young people, bringing together all of
their planning for children and young people.
- In
October 2005, the Government in England published Higher Standards, Better
Schools for All. This White Paper set out and implemented plans to put
parents and the needs of their children at the heart of schools, The White
Paper
reinforced the importance of pupils’ voices, in that children, through
school councils, should have a greater say in
how schools are run and in the
decision making process. The DCSF has commissioned Professor Geoff Whitty from
the Institute of Education
to conduct a review of school councils, including
gathering data about current take up by schools. Professor Whitty’s final
report will be published in summer 2007.
- The
Education Act 2002 and the subsequent guidance to local authorities and schools:
Working together: giving children and young people a say, emphasises the
benefits to schools of listening to children, and recommended a broader dialogue
between staff and pupils. The accompanying
booklet: Promoting children and
young people’s participation through the National Healthy School Standard,
includes a range of practical advice for schools wanting to develop their
provision for involving pupils and giving them a voice.
- The
Education and Inspections Act 2006 places a duty on school governing
bodies in England to consult pupils when drawing up or revising a school’s
behaviour policy.
The Education Act 2005 places a duty on Ofsted (the school
inspectorate in England) to have regard to the views of pupils when conducting
a
school inspection. In September 2005, Ofsted introduced a new framework for
inspection which contains the expectation that schools
will systematically seek
the views of pupils, including in relation to matters to do with the quality of
teaching and learning.
- Personalised
learning is an important driving theme for English education policy. Through the
Primary and Secondary National Strategies
the Government continues to support
work on developing and using “Pupil Voice”. This is a key feature of
the guidance
and support schools are given on “Assessment for
Learning”, where good practice involves talking with pupils and agreeing
progress targets as part of the assessment process, in order that they, as well
as their teachers and parents, understand how their
learning is
progressing.
- The
Standards in Scotland’s Schools Act 2000 provides that school education
should develop the personality, talents and mental
and physical abilities of
children to their fullest potential, to look beyond general provision to the
development of the individual
child. Local authorities are also required, in
carrying out this duty, to take account of the child’s views when making
decisions
that would significantly affect them. For example the Act provides
that a local authority must take account of the views of a child
with special
educational needs and their parents when considering whether the child should be
placed in a mainstream or special school.
- In
Northern Ireland, the Entitlement Framework will complement greater curricular
flexibility. This will place a new requirement on
schools to provide every
pupil, regardless of their background, school or where they live, with access to
a minimum of 24 courses
at Key Stage 4 and 27 courses at post16. At least one
third of courses will have to be vocational and at least one third academic,
with the mix of the remainder and the exact courses left for schools to
determine. It will then be up to pupils to decide which courses
they will
follow, as suits their interests, aptitudes and future career plans. This
greater choice, and the greater provision of
vocational courses, should help to
increase motivation and participation and provide young people with the skills
they need for future
employment.
(b) Measures to reduce temporary or permanent exclusion,
ensuring children have the right to be heard and have access to fulltime
education
- In
the school year 200405, there were 9,440 permanent exclusions and 389,560 fixed
period exclusions from schools in England. Compared
to the previous year the
number of permanent exclusions decreased by just over 4% and was more than 20%
lower than the figure for
199697. In Wales, there were 465 permanent
exclusions, an exclusion rate of 1 per 1,000 pupils in Wales. In Northern
Ireland, the
Education (Northern Ireland) Order (2006) took effect on 1 August
2006: it includes the introduction of a scheme for suspensions
and expulsions, a
regional independent expulsion appeals tribunal, and clarification on the
education of suspended pupils. It also
includes an enabling power for the
Department of Education to introduce a system of appeals against
suspension.
- Statistics
show that the vast majority of pupils (97%) were not excluded from
Scotland’s schools in 2005/06. However, there
were 42,990 exclusions from
school of which over 99% were temporary. 2005/06 figures show that 90% of all
temporary exclusions are
for less than one week and that only 2% of those
temporarily excluded are out of school for more than two weeks. Removals from
the
school register are rare in Scotland, with a total of 264 in 2005/06 a
decrease of 3% from 2004/05. The Executive is concerned that
rates of exclusion
for pupils from poorer families, children looked after by local authorities and
those with additional support
needs are higher, and has committed to reviewing
exclusion guidance with a view to improving this.
- A
number of policies reflect the Executive’s focus on improving educational
outcomes for children with these circumstances and
experiences, for example
policies on looked after children, closing the opportunity gap and young people
not in education, employment
or training.
- Exclusion
rates of minority ethnic pupils are generally lower than for the population as a
whole. However, there are wide variations
across different groups. Better
Behaviour Better Learning (2001) sets out a package of recommendations to
enhance whole school ethos and relationships, and these have been widely
welcomed
by the Scottish education community.
Children’s involvement in exclusion appeals
process
- In
Wales, from January 2004, children of secondary school age were given the right
to appeal against their own exclusion. The Assembly
Government is working with
the Advisory Centre for Education (ACE) and Save the Children to develop a
booklet (Having your Say) on exclusion and appeals. Funding is also
provided to ACE to support parents affected by exclusion by means of a helpline,
booklets
and the internet. The Assembly Government has brought together
practitioners and academics to undertake a National Behaviour and
Attendance
Review. Key issues will include lack of consistency in schools’ approaches
to exclusion and the shortage of education
provision for excluded pupils. Of
particular concern is the practice of “informal exclusion”, when a
school asks parents
to keep children at home if they have behaviour problems,
rather than assessing their needs and ensuring that proper support is available.
Guidance on Inclusion and Pupil Support issued in the autumn 2006 makes it clear
that this practice is not acceptable.
- In
Scotland, on the day that a decision is taken to exclude a pupil the local
authority must inform the parent and offer a date and
time for a meeting to
discuss the issue. This should also be communicated to the pupil, where he or
she is of legal capacity, generally
assumed to be at the age of 12. However,
this judgement is based on the child’s maturity and understanding. The
meeting to
discuss the decision to exclude must involve the pupil, where the
pupil has capacity or is over 16. The authority must write to the
pupil or
parent to explain the reasons behind the exclusion and their right of
appeal.
- In
England, although the pupil’s participation in decisions related to his or
her exclusion is not set out in legislation, guidance
to schools and local
authorities is being strengthened from September 2007 so that pupils should be
encouraged and allowed to state
their case at all stages of the exclusion
process.
- The
Education (Northern Ireland) Order (2006) took effect on 1 August 2006. It
includes new arrangements in relation to the suspension
and expulsion of pupils
from grantaided schools. These arrangements include the introduction of a scheme
for suspensions and expulsions,
a regional independent expulsion appeals
tribunal, and clarification on the education of suspended pupils. It also
includes an enabling
power for the Department of Education to introduce a system
of appeals against suspension. These arrangements will ensure consistent
practice across all schools and equity of treatment for all pupils irrespective
of the school they attend.
Access to alternative education provision
- Local
authorities in England have a duty, under the Education Act 1996, to provide a
suitable education at school or otherwise for
children of compulsory school age
who cannot attend school for reasons of illness, exclusion or otherwise. All
local authorities
are currently committed to providing suitable fulltime
education for all permanently excluded pupils from the 16th school day of
their
exclusion. From September 2007 provisions in the Education and Inspections Act
2006 will require local authorities to arrange
suitable, fulltime education from
and including the sixth day of a permanent exclusion. Likewise, schools are
required to arrange
fulltime education from and including the sixth day of any
period of fixed period exclusion of six days or longer.
- Local
authorities in Scotland are required to put in place alternative education
provision for excluded pupils as soon as possible,
but within 10 days of an
exclusion. Alternative provision for excluded pupils should be of an appropriate
quality, quantity and range.
The Executive emphasises quality of learning
experience wherever learning takes place and has convened an expert working
group to
consider what type of provision is required to meet the needs of the
most challenging children in schools, and to gather evidence
of existing good
practice. The group will produce a resource to encourage authorities to consider
the range and quality of their
provision, and to apply creativity towards
meeting the needs of this group of children. Figures from 200506 show increased
activity
by education authorities in making alternative provision for excluded
pupils in the categories of college placement, home tuition,
support bases and
‘other’ approaches (such as work sent home).
(c) Inequalities in educational achievement and in exclusion
rates
Inequalities in educational achievement
- The
significant improvements in achievement at GCSE level made by all pupils in
England (except Gypsy, Roma and Traveller pupils)
highlights the success of
the Aiming High projects which are specifically designed to narrow attainment
gaps. The attainment gap
between the average for all pupils in maintained
schools and previously underachieving Black and Minority Ethnic groups has been
closing steadily since 2003 (comparative data is not available from 19992002).
Latest (2006) figures show that for some of these
groups, the trend is steadily
positive.
- In
Northern Ireland, the Department of Education aims to eliminate inequalities by
providing special programmes, support services
and resources to groups of young
people at risk of being excluded from or unable to avail themselves of the
standard education provided
for all children. This ranges from programmes for
school age mothers and children from the Traveller community, to support
measures
such as counselling and behavioural teams.
- Across
primary and secondary sectors, most pupils are performing well in Scottish
schools. The Executive collects information on educational
attainment and a
range of information about pupils, for example gender, ethnicity, free school
meal registration and attendance records
from a variety of sources. Attainment
levels of different groups of pupils are closely monitored to ensure that any
emerging trend
or pattern is identified the Executive also has a Closing the
- Opportunity
Gap target of improving the performance of the lowest attaining 20% of S4 pupils
by 2008. Within Curriculum for Excellence
developments, work is also being
undertaken on how the wider achievements of all learners can be recognised more
effectively”.
Inequalities in exclusion rates
- Schools
can only exclude pupils on disciplinary grounds and should not exclude pupils
for pregnancy, disability, illness or other
reasons that do not involve a
disciplinary offence or the maintenance of good order within the school.
- In
England, some groups are over represented in the exclusions figures,
particularly black boys. To tackle this the Government has
an action plan
comprising three elements: ensuring that equality considerations are embedded in
key Department for Children, Schools
and Families policy areas; disseminating
clear messages to all local authorities recommending specific actions and
sharing good practice;
and specific support from specialist Advisers for
Behaviour and Attendance for local authorities where disproportionate exclusion
of Black children is a major concern. The Government is also planning focused
work with school leadership and teacher training providers.
- In
2006, the Department for Children, Schools and Families in England undertook a
Priority Review to examine the exclusion of black
pupils, which remains
disproportionate when compared with children from other ethnic groups. An
Implementation Group has been set
up to manage and evaluate the delivery of an
action plan devised significantly to reduce the exclusions gap between black
pupils
and the average.
- In
England, the Government is taking further measures to improve pupils’
behaviour, thus reducing the need to exclude. It is
doing this by:
- Encouraging all
secondary schools to be working, by September 2007, in partnerships to improve
behaviour and attendance, with funding
devolved from the local authority to
enable the partnerships to commission a range of support and provision for
pupils with challenging
behaviour or attendance difficulties evidence from
partnerships already working in this way, for example in Coventry and North
Lincolnshire,
shows significant reductions in exclusions;
- Specialised
training for lead behaviour professionals and other staff with leadership roles
in managing behaviour;
- Supporting those
schools where Ofsted report that behaviour is unsatisfactory and;
- Extending use of
parenting contracts and orders for parents/carers of pupils who persistently
misbehave, before behaviour deteriorates
to the point where exclusion is the
only appropriate response.
- In
Scotland, exclusion rates of minority ethic pupils are generally lower than for
the population as a whole though there are wide
variations across different
groups. The Scottish
- Executive
has promoted the use of homeschool link workers to reach out to children with
poor attendance and their families. £29
million funding per year has been
provided to local authorities, which may be used for additional support staff,
including homeschool
link workers.
(d) Education for children in detention & improving
education for children in care
- Following
a consultation in 2005, new regulations have been implemented in England and
Wales which mean that young offenders serving
a sentence in custody that is of
less than four months’ duration cannot be deleted from the school roll for
the reason of their
detention alone. If a child of statutory school age is
removed from the school roll then the Local Authority has a duty to ensure
they
have a place in education on their return into the community.
- Young
people aged 1017 can be detained through the youth justice system in
three different types of institution. The law relating
to education requirements
is set out in secondary legislation (Young Offender Institution Rules 2000,
Secure Training Centre Rules
1998, and The Children’s Homes Regulations
2001). Custodial institutions for young offenders are required by the Youth
Justice
Board to provide young people of compulsory school
age detained in custody with fulltime education and training programmes
(detailed
expectations are set out in ‘The Offender Learning
Journey’). Spend on education by the Youth Justice Board has
quadrupled
since 2000. Education provision in custody is inspected by Ofsted.
The Government has launched a review of education for young people
supervised by
the youth justice system and is committed to publishing, by the end of 2007,
forward plans to improve education.
- In
Northern Ireland, children in the Juvenile Justice Centre are provided with a
full range of education, training and development
opportunities appropriate to
their age and ability. Class groups primarily consist of three children and each
child is allocated
a personal tutor to support their education. The Youth
Justice Agency also provides community based education provision for children
who for a variety of reasons are not receiving an adequate education at school
and who are risk of involvement in crime.
- In
Scotland, children held in secure units have an equal statutory right to
education, as set out in the Children (Scotland) Act 1995.
The educational needs
of these children should be addressed in care plans and individual curriculum
packages should be planned, including
additional help, encouragement and support
as required. Planning should have regard to continuity of education and the
disruption
that many children may have experienced in their schooling prior to
being admitted to secure care and the resistance to education
that this may
foster. Effective cooperation between education and care staff is necessary if
positive educational attainment is to
be achieved. All under 18s in young
offender institutions are provided with education by qualified staff. Those
under 16 have a statutory
entitlement to education, mirroring arrangements in
the community. There are approximately 145 fulltime equivalent teachers working
in Scottish prisons.
- In
Wales, the Welsh Assembly Government’s second Young Offenders Learning
project, which began in June 2005, seeks to improve
the education and training
provision available for all children aged 11 17 in and from Wales. Whilst
education is a devolved matter,
responsibility for detention rests with the UK
Government, and is overseen by the Youth Justice Board.
Improving
education for children in care
- The
educational outcomes of the approximately 60,000 (at any one time) looked after
children in England have improved in recent years.
The proportion gaining 5 A*C
GCSEs has risen from 7% in 2000 to 12% in 2006 and the proportion participating
in education, employment
or training at age 19 has increased from 46% in 2002 to
63% in 2006, reflecting the beneficial impact of the Children (Leaving Care)
Act
2000.
- In
May 2000 the Government issued comprehensive guidance (parts of which had
statutory force) on the education of children and young
people in public care
and has provided ongoing funding since then towards ten regional networks across
England, that work with local
authorities on implementation of the guidance. As
part of the Children Act 2004 a specific duty was placed on local authorities to
promote the educational achievement of the children they look after. Through the
Education and Inspections Act 2006, school admission
authorities can now be
directed to admit a looked after child where the school best meets his/her
needs, even if it is already full.
- Although
the educational attainment of Scotland’s looked after children has
improved slightly over recent years, it remains
very poor when compared to their
peers and improvements are needed. In January 2007, the Scottish Executive
launched Looked After Children and Young People: We Can and Must Do Better.
It highlights the need to improve the educational attainment of these
children, builds on the existing framework of educational targets
and monitoring
and sets out a number of key messages. For example, the importance of the
corporate parent role and the importance
of providing flexible and appropriate
support before, during and post transitions.
- In
Northern Ireland, the Looked After Children in Education project was established
in 2001 and has been developed by the NGOs Include
Youth, Voice of Young
People in Care, and Save the Children. The project aims to improve educational
outcomes for looked after children
in by informing practice and policy
development through Children’s Services Planning groups, which work on
areas of development
such as inter agency protocols and the use of Personal
Education Plans. There are two initiatives within the Children and Young
People’s
Funding package aimed at improving education provision of looked
after children.
- In
Wales a grant of £1 million a year in 200607 and 200708 was distributed
across local authorities to enable them to support
the education of looked after
children. The grant, which was part of the wider Raising Attainment and
Individual Standards in Education
(RAISE) initiative was aimed particularly at
those pupils approaching external examinations at age 16 to help them to move on
to
further and higher education. The Welsh Assembly Government’s strategy
for children in need, including looked after children
and care leavers, will
build on education measures introduced in July 2007 as part of the Towards A
Stable Life policy which set out new duties on local authorities to improve
the health and wellbeing of looked after children.
(e) Measures to prevent bullying and violence in
schools
- In
England, the Education and Inspections Act 2006 duty on school governing bodies,
to consult all pupils when drawing up School Behaviour
Policies, means that the
entire school community should be engaged in agreeing standards of behaviour in
school.
- Since
October 2005, schools in England have been required to assess their
effectiveness in dealing with bullying through the school
selfevaluation form,
their responses to which are then considered during Ofsted inspections. In
addition, the Education Act 2005
requires schools to publish an annual profile
which addresses the question How do we make sure our pupils are healthy, safe
and wellsupported? The Education and Inspections Act 2006 provides teachers
and other school staff with a clear and unambiguous power to discipline pupils,
assisting them in responding appropriately to bullying. In line with the
recommendations of the UN Committee, the Government has
engaged children in this
work, for instance through consultation exercises on how to tackle bullying and
through awareness raising
campaigns such as Anti Bullying Week. The Anti
Bullying Alliance was established by the National Children’s Bureau (NCB)
and
NSPCC in 2002. It comprises 65 organisations including voluntary and private
sector bodies, local authorities, professional associations
and researchers, and
works closely with the Department for Children, Schools and Families to prevent
and tackle bullying and create
a safer environment for children.
- The
Government has also produced specialist guidance on prejudicedriven bullying:
Bullying around Race, Religion and Culture in 2006. This will be followed
up with additional advice on countering homophobic bullying in schools.
- The
Government is also implementing a wideranging national programme to strengthen
schools’ capacity to manage behaviour and
minimise violence,
including:
- Providing a
range of materials to encourage social and emotional learning;
- Providing advice
for schools from behaviour management consultants;
- Helping schools
to improve the behaviour of pupils through the National Healthy Schools
Programme;
- Encouraging
schools to form partnerships with other schools to strengthen behaviour
management;
- Encouraging
schools to become involved in Safer School Partnerships (local partnerships
between schools, the police and other agencies),
which effectively support schools to tackle bad behaviour, prevent
crime and provide a safe and secure environment; and
- Providing extra
funding for schools facing the greatest behavioural
challenges.
- In
Northern Ireland, all schools are required by law to have a policy on bullying
behaviour and to consult with pupils and parents
on these policies. The Northern
Ireland Anti Bullying Forum has been established by Save the Children to focus
attention on the effects
of bullying and develop strategies that will allow
schools to apply the best approaches to tackling bullying.
- In
Scotland, education authorities have a duty to take reasonable care for the
safety of pupils and there has been an antibullying
service in place for over 10
years. Building on this, the Scottish Executive has provided funding to support
implementation of the
recommendations in a wideranging report on promoting
positive behaviour in schools, such as implementing restorative practices in
school, and strengthening the social, emotional and behaviour skills curriculum
for children.
- Antibullying
guidance for schools in Wales (Respecting Others) was issued in
September 2003. This required all schools to have bullying policies, drawn
up in consultation with staff, pupils,
parents and governors. A Welsh
AntiBullying Network was set up in November 2004 to bring together experts in
the field to share good
practice and advise the Welsh Assembly Government on
future approaches and strategy. An assessment of school antibullying policies
was undertaken by Cardiff University, on behalf of the Welsh Assembly
Government, on the basis of which a selfevaluation tool for
schools has been
developed and is currently being piloted.
(f) Inclusion of the Convention and human rights education in
the curricula
- Specific
reference is made in the English citizenship curriculum to pupils’
understanding of legal and human rights and the
role of international
organisations, including the UN. With support from organisations such as Unicef,
many schools, in particular
primary schools, use the UN Convention itself as
framework for teaching citizenship. Citizenship education in maintained
secondary
schools in England has been compulsory since 2002. Over 1,000
specialist citizenship teachers have been trained and a further 240
will
complete their training at the end of the academic year 200607.
- The
Government in England is providing funding to UNICEF for their Rights Respecting
Schools initiative. This programme aims to help
provide children with a
practical understanding of the personal meaning of their rights, and those
of others, by relating the principles
of the UNCRC closely to everyday
behaviour in the classroom and school. The pilot of the initiative found that
when children and
young people are taught to use the values of the Convention of
the Rights of the Child as a guide to living, it has a positive impact
on their
sense of belonging, increasing children’s affiliation to each other and to
their teachers, improving behaviour and
attendance improving resilience and, as
a result, increasing the capacity to raise standards.
- The
Education (Northern Ireland) Order 2006 took effect on 1 August 2006 and
includes provision for a revised Northern Ireland curriculum.
The revised
curriculum includes citizenship education, providing opportunities to use local
and global examples to investigate topics
such as diversity, inclusion, cultural
heritage, equality, democracy, participation and human rights, for example the
key principles
outlined in instruments such as the UNCRC and the European
Convention on Human Rights (ECHR). The revised curriculum is being introduced
into schools on a phased basis from September 2007 to 2010.
- In
Wales, the Framework for Personal and Social Education for Key Stages 1 to 4 was
updated and revised in April 2005, to strengthen
references to the UNCRC and
human rights.
- While
Scotland does not have a national curriculum, Learning and Teaching Scotland,
which is funded by the Scottish Executive to develop
curriculum resources,
published in 2002 a framework document on education for citizenship for children
aged 318, Education for Citizenship A paper for discussion and
development. Schools can use this framework document, which makes clear
reference to the UN Convention and broader rights and to the importance
to
children of understanding these rights, in planning a programme of citizenship
education.
(g) Increasing the budget for and facilitating the
establishment of additional integrated schools in Northern Ireland
- There
has been significant expansion of, and investment in, the integrated schools
sector since 1999: total enrolments have increased
from just over 11,000 to over
17,600 at October 2006. The number of integrated schools has increased from
41 to 56, the increase
including the transformation of 5 existing schools to
integrated status. Between 1999 and 2007 capital investment in integrated
schools
has totalled more than £90 million and approximately £26.4
million has been allocated for capital development costs in
grantmaintained
integrated schools in the 200708 financial year.
- The
final report of the ‘Towards a Culture of Tolerance: Integrating
Education’ (TACOT:IE) Ministerial Working Group,
which discussed strategic
planning of the education sector, and development of a strategic approach to
transformation has been superseded
by the publication of Sir George Bain’s
Strategic Review of Education, which included consideration of the issues
addressed
in the Working Group’s draft report. Government accepted all the
recommendations in this report and the issues identified by
the TACOT:IE Group
will be taken forward as an integral part of the workings of the Bain
report.
(h) Develop educational programmes for teenage mothers
- In
England, the UK Government’s Teenage Pregnancy Strategy includes a target
to increase the proportion of 1619 year old mothers
in education, employment or
training to 60% by 2010. Measures to support this target are discussed earlier
in this report. Between
199799 and 200406 there has been an overall
increase in the proportion of teenage mothers in education, employment or
training, from
23.1% in 199799 to 29.2% in 200406. In July 2007, the Government
launches a refreshed strategy designed to improve outcomes for teenage
mothers
and their children, which retains a strong focus on helping young mothers to
reengage in education and training.
- A
specific programme of support measures, including child care if considered
necessary, for school age mothers has operated in Northern
Ireland since 1999.
Young women can complete their compulsory education and remain in education
beyond age 16. The allocation to
the Education and Library Boards for School Age
Mothers programmes for 200607 is
£407,000.
- In
Wales, the Children’s NSF recognises the significance, both emotionally
and socially, that pregnancy and childbirth can have
on individuals,
particularly those experiencing it for the first time. It acknowledges that
specialist services should be available
for young, pregnant teenage girls, such
as peer education and support groups.
- In
Scotland it is the responsibility of individual local authorities to decide what
to include in the curriculum, and some have specific
programmes to support
teenage mothers. Under current guidelines, parenting skills can be taught in
Personal and Social Development
classes as well as education about health, sex
and relationships. Safe and Well, the handbook on pupil wellbeing, sets
out the expectation that the additional support needs of young women who become
pregnant are
met, to encourage them to sustain their learning and relationship
with school.
(i) Evaluate the impact of privatisation of schools on the
right of children to education
- The
UK Government and devolved administrations remain fully committed to free school
level education for all children and young people.
There is also an independent
sector which is regulated in England by the Department for Children, Schools and
Families. There is
no programme of privatisation of schools. The situation in
Scotland is broadly similar with Scottish Ministers regulating the independent
sector, which accounts for around 4% of the total pupil population.
- The
voluntary sector has a long tradition of involvement in school education, with
mass education having been pioneered in the UK
by the churches. All maintained
schools benefit from the leadership provided by their governing bodies whose
members serve as volunteers.
More recently, the Government has encouraged a
wider range of partners from the public, voluntary and private sector to act
as
school providers and to shape the ethos and character of schools and the
school system. In all cases, schools remain publicly funded
on a fair and
equitable basis and with strong requirements in the area of fair admissions,
with schools also being bound by antidiscrimination
laws. The schools remain
open to all pupils, continuing to receive Government funding, and may not charge
fees for the education
they provide.
B: National programmes update
Education, including vocational training and guidance (art.
28)
Aims of education (art. 29) with reference to quality of
education
- In
England, The Education and Inspections Act 2006 sets the framework for
delivering the vision set out in Higher Standards, Better Schools for
All. Taken together with the fundamental duties of local authorities to
secure sufficient provision and school places under section 14
of the Education
Act 1996 and to promote high standards under section 13A of that Act, local
authorities now have a duty to secure
sufficient school places, and in so doing
promote high standards; ensure fair access to educational opportunity; promote
the fulfilment
of every child’s educational potential; secure diversity in
the provision of schools; and increase opportunities for parental
choice.
- The
200607 survey found that, on the whole, children in England have a positive view
of education. Respondents were most likely to
strongly agree that their
education has helped them acquire ‘respect’ for themselves, others
as well as the environment.
A review of Ofsted pupil surveys found that 90% of
primary students and 80% of secondary students report being ‘very
satisfied’
with their school.
- The
Education (Northern Ireland) Order 2006 took effect on 1 August 2006 and
includes provision for a revised Northern Ireland curriculum,
to be introduced
into schools on a phased basis from September 2007 to 2010. The revised
curriculum includes citizenship education,
which will equip all pupils with the
knowledge and skills they need fully to participate in society, and a new strand
of Personal
Development. There will be a new requirement on schools to provide
every pupil, regardless of their background, school or where they
live, with
access to a minimum of 24 courses at Key Stage 4 and 27 courses at post16. At
least one third of courses will have to
be vocational and at least one third
academic.
- The
2006 Education Order requires new admission arrangements to be put in place for
pupils transferring to postprimary schools in
September 2010. It also deferred
the provisions abolishing selection and made them subject to a resolution of the
Northern Ireland
Assembly. The current method for transfer arrangements, the 11+
test, will operate for the last time in 2008.
- The
Standards in Scotland’s Schools Act 2000 introduced the school improvement
framework, an integral part of which are the
5 National Priorities in
Education: Achievement and Attainment, Framework for Learning, Inclusion and
Equality, Values and Citizenship and Learning for Life. The 2000
Act also places
a duty on Ministers and authorities to endeavour to ‘secure improvement in
the quality of school education’.
The Scottish Executive published A
Curriculum for Excellence in 2004 which sets out the values and future work
programme to provide more freedom for teachers, greater choice and opportunity
for pupils and a single coherent curriculum for all children aged 318.
- The
curriculum in Wales consists of three main phases: an early years curriculum
based on active learning and including elements of
play and assessment for
learning; a skillsbased curriculum for 714 year olds that builds upon the
philosophy of the Foundation Phase
and prepares for their 1419 year old
education and training; and a Learning Pathways programme for 1419 year olds,
providing enhanced
choice and flexibility, including attractive vocational
offers for all abilities. Wales has introduced a legal requirement for all
maintained primary (apart from nursery and infant schools), secondary and
special schools to have a school council (by 1 November
2006). In secondary
schools, these councils of pupils can nominate two members from years 1113
inclusive to be associate pupil governors
on the school’s governing
body.
Education and learning in the early years
- The
Government has invested over £21 billion on expanding early years and
childcare provision since 1997, including progressively
increasing the
proportion of the under five population in England and Wales that has access to
integrated services and quality early
learning. Detail of measures including the
Ten Year Childcare Strategy and the Childcare Act 2006 are set out earlier in
this report.
- Since
2002, the Scottish Executive has funded local authorities to meet a statutory
duty to provide 12½ hours a week of preschool
education to all 3 and 4 year
olds whose parents wish to take it up. Between 2001 and 2006 the percentage
of children attending preschool
education has risen from 81.3%
of eligible 3year olds and 96.5% of 4year olds to, respectively, 96%
of 3year olds and 98.8% of 4year
olds. To help further with the
development of services in disadvantaged areas, Sure Start Scotland provides
programmes of activity
to promote children’s healthy development.
- In
Northern Ireland places were available for 95% of children in their preschool
year by 200304. Government in Northern Ireland is
moving to implement key
recommendations from the Report on the Review of PreSchool in Northern Ireland
published on 25th April 2006. These include action to ensure that the
learning and development settings available for children are those most suitable
for their age and action to address key issues including facilities and
resources, training and support and special educational needs.
- The
Welsh Assembly Government has, since 2002, funded local authorities to provide a
minimum of 10 hours a week of free preschool
education to all 3 and 4 year olds
whose parents wish it.
Primary and secondary education
- The
Primary National Strategy (PNS) was introduced in England in 2003, subsuming the
previous National Literacy and Numeracy Strategies
(launched in 1998 and 1999
respectively). Its chief focus is on raising standards in Literacy and
Mathematics while developing a
broad and rich curriculum. The PNS does this by
delivering support in the form of materials, training and advice to Local
Authorities
and schools to improve teaching, leadership and management in
primary schools.
- The
success of the PNS is measured by the end of Key Stage 2 test results. Level 4+
denotes the average standard of achievement expected
of 11 year olds. Results
since 1997 show that the PNS and its predecessors have had a significant impact
on raising standards in
English and Mathematics. In 1997, 63% of 11 year
olds reached level 4+ in English compared with 79 per cent in 2006. In
Mathematics
the figures were 62% in 1997 compared with 76% in 2006.
- The
Secondary Strategy for School Improvement in England delivers support to schools
in the form of materials, training and advice
to Local Authorities and schools
to improve teaching, leadership and management. The strategy emerged from an
extension of the former
Key Stage 3 National Strategy which was introduced in
2001 to increase the progress that children made between the ages of 11 and
14.
- Results
since 2001 show that the Secondary National Strategy (SNS) (and its predecessor,
the Key Stage 3 Strategy) has had a significant
impact on raising standards. In
English, 65% of 14 year olds achieved level 5 or above in 2001, and this
figure increased to 73%
in 2006. The respective figures for other core subjects
were: Maths 66% and 77%, Science 66% and 72%, ICT 65% and 69% (2005 data).
Since 2005, the success of the SNS has also been measured by results at Key
Stage 4. The percentage of pupils achieving 5A*C GCSE
grades or equivalent has
risen from 56.3% in 2005 to 58.5% in 2006.
- Personalised
learning remains a particular priority, and has already been supported
by £990 million extra funding in English
schools in 200708 for
small group and onetoone support for those falling behind, and the means to
‘stretch’ the most
able pupils. Additional funding announced in the
2007 Budget will make it possible for every pupil to have access to a single
member
of staff who is able to coordinate a package of support that best helps
that pupil, to provide an average of 10 hours of one to one
teacherled
tuition for over 300,000 underattaining pupils a year in English by 201011, and
300,000 underattaining pupils a year in
Maths and to develop more extended
schools, offering many opportunities to learn and develop beyond the hours of
the formal school
day.
- The
Welsh Assembly Government intends that, from 2008, there will exist in Wales a
school curriculum that is learnercentered and skillsfocused.
It will comprise: a
set of revised subject Orders which are manageable and reflect whole curriculum
characteristics and those of
each key stage; a revised framework for personal
and social education; a framework for careers and the world of work; a
nonstatutory
skills framework; a national exemplar framework for religious
education; and the Foundation Phase framework for children’s
learning (37
year olds).
- In
Scotland, the aims of A Curriculum for Excellence (ACFE) are to
provide the opportunities for children to become successful learners, confident
individuals, responsible citizens and effective
contributors. It identifies: the
values upon which the curriculum should be based; its purpose; the outcomes
which children are expected
to achieve; and the design principles which schools,
teachers and other educators will use to implement the curriculum. Specifically,
ACfE is designed to:
- Remove
overcrowding in the curriculum and make learning more enjoyable;
- Better connect
the various stages of the curriculum from ages 3 through to 18;
- Achieve a better
balance between ‘academic’ and ‘vocational’ subjects and
include a wider range of experiences;
- Equip children
with the skills they will need in tomorrow’s workforce;
- Make sure that
assessment and certification support learning; and allow more choice and
personalisation to meet the needs of individual
children.
1419 education and further education
- The
UK Government’s aim is to develop a system of 1419 education which
prepares all young people in England for success in life.
Good progress has been
made in improving levels of participation, with record numbers of 16 year olds
now in fulltime education.
- We
have introduced financial incentives to encourage disadvantaged young people to
stay on in learning. Over half a million learners
have benefited from Education
Maintenance Allowance (EMA) payments of up to £30 per week (in 200607).
Since the introduction
of the EMA, participation has increased to its highest
level ever among 16 year olds, with 89% in some form of learning in the last
academic year, and an increase of 1.8 percentage points in participation of 16
year olds in fulltime education between 2003/04 and
2004/05 alone.
- In
addition to these financial measures, we have published proposals to raise the
statutory age for participation in education or
training from 16 to 18, to help
all young people gain a strong grounding in later life.
- In
June 2006, the Scottish Executive launched More Choices, More Chances a
strategy to reduce the proportion of young people not in education, employment
or training (NEET) in
Scotland. The strategy focuses on improving the range
of options available to young people most likely to become NEET on leaving
school and
those already in the group; on improving the (often intensive)
support available to young people to allow them to make the most of
these
increased opportunities; and on ensuring that the services for these young
people are comprehensive and appropriately joinedup.
- The
messages of More Choices, More Chances are reflected in policy across a
wide range of portfolios in order to deliver benefits for this particular group
of young people.
Locally, delivery is by NEET partnerships, usually lead by
local authorities and involving all the key agencies, public, private
and
voluntary, involved in working with this group of young people. Whilst the
strategy is being implemented across Scotland, it
identifies 7 target areas
where the numbers of young people who are NEET presents the biggest challenge.
Some additional funding
has been allocated for 2 years (each target area will
receive £400,000 for two years; all other areas will receive £75,000
each) to support a renewed effort and refocussing. But, the clear expectation is
that sustainable change will be effected through
existing policy and legislative
frameworks (e.g. A Curriculum for Excellence, Additional Support for Learning
Act, School/College
partnership).
- There
are 43 Further Education colleges across Scotland offering a wide range of
academic and vocational qualifications. There have
been record numbers of
enrolments in further education, with 25.4% of enrolments on vocational courses
in 200405 being from the 20%
most deprived areas.
- In
February 2006, the Skills Strategy was published for Northern Ireland,
outlining a vision of vocational training being recognised as a valuable
alternative to the traditional
academic pathway. New Training for Success
provision, which replaces Jobskills as from September 2007, will provide a
training opportunity
for those eligible young people who have barriers to
learning and work; whether it is in terms of learning disability or emotional
behaviour, or social difficulties such as drug or alcohol abuse. For these young
people, a varied range of support mechanisms will
be available to enable them to
deal with the barriers and prepare them to enter the world of work.
- In
Wales, Learning Pathways 1419 has been introduced to provide young people with
enhanced choice and flexibility, including vocational
offers for all abilities,
participation in a wide variety of experiences, with accreditation of learning
wherever possible. Following
a successful pilot, the Welsh Baccalaureate
Qualification post 16 at Advanced and Intermediate levels are being rolled out
from September
2007. The Welsh Baccalaureate Qualification is designed to
accredit learning from the full range of leaning pathways and from September
2009 will encompass the new vocational learning from the Diplomas being
developed in England.
Choice and diversity in education
- The
UK Government has introduced measures to create much greater diversity in the
learning opportunities offered by schools and colleges
in England. The Education
and Inspections Act 2006 places new duties on local authorities in England to
support parents when choosing
schools and the Government has provided funding
for locally based Choice Advice services specifically to empower less advantaged
parents to make informed decisions on which secondary schools they would like
their children to attend. The Government has undertaken
much work to involve a
wider range of partners in the provision of publicly funded schools. Such
partners are helping to create a
more diverse system through involvement in the
establishment and leadership of different types of school all of which are
publicly
funded and free to pupils.
Academies in England
- Academies
are publicly funded independent schools. They are established, usually in
disadvantaged areas (Academies’ intakes
have higher proportions of pupils
eligible for free school meals than the proportion living in local postcode
districts), either
to replace poorly performing schools or as new schools and
offer a broad and balanced curriculum with a specialist focus in one or
more
areas. Academies provide free education to pupils of all abilities, including
provision for pupils with special educational
needs, supported by admissions
policy agreed by the Department for Children, Schools and Families that is
consistent with the code
of practice on admissions and admissions law. 47
Academies were operating in April 2007 and the Government is aiming for the
establishment
of 400 Academies, with at least 200 open or under development by
2010. The pace of improvement in Academies is good: the 2006 GCSE
results
confirm that the percentage of pupils getting five good GCSEs, including English
and Maths, in Academies has improved by
6.2 percentage points six times better
than the national improvement rate of 1 percentage point. Furthermore, the
comparison with
the poor results of the schools that Academies replaced since
2001, is striking, with a 20.2 percentage point improvement in pupils
getting
give A*C grades, compared with their predecessor schools.
Inclusive education
- The
UK Government and devolved administrations are committed to providing a high
standard of education for all children and young
people, whatever their needs or
circumstances. New requirements on school admissions in England are now in place
to ensure all children
have fair access to educational opportunities, regardless
of their background. The new School Admissions Code simplifies the admissions
system, making it easier for parents to understand and navigate; places
requirements on admission authorities and governing bodies
to ensure that their
admission arrangements are fair and do not disadvantage a child from a
particular social or racial group, or
a child with a disability or special
educational needs; and rules out any unfair selection on social or other
grounds. The Code also
provides guidelines on supporting children from
particularly vulnerable groups.
- In
Scotland, all schools run by local authorities are required by law to be open to
pupils of all faiths and beliefs. School places
are usually allocated by
authorities on the basis of geographical catchment areas, with parents able to
submit a request to the Council
for their child
- to
attend another school. An authority can only turn down such a request on one of
a number of specified legal grounds, and an appeal
system is in place. In 200506
84% of these requests (over 30,000) were granted, some following an
appeal.
Children with Special Educational Needs (SEN)
- In
January 2006 some 236,700 (or 2.9%) of pupils in England had statements of SEN.
There were 1,293,300 pupils with SEN without statements,
representing 15.7% of
all pupils. Children with statements of SEN are supported in education by being
admitted automatically to the
school named on their statement, whether that
school has places or not. 58.7% of children with statements are educated in
mainstream
schools and 34.9% in local authority special schools. Local authority
expenditure on SEN has increased from £2.8 billion in
200102 to £4.5
billion in 200607 (an increase of 60% and representing some 13% of all
education spending).
- Since
the Education Act 1981 the assumption in law has been that children with SEN
will be educated in mainstream schools and only
just over 1% of all pupils
attend special schools. However, the law also makes clear that provision must be
made for children with
SEN in appropriate settings.
- In
Northern Ireland, there are now almost 12,000 children with Statements of SEN,
(36% more than in 2000), and approximately 42,000
children, (13% of the total
school population), at Stages 14 of the Code of Practice. The principle is
enshrined in legislation that,
subject to certain provisos, children should be
educated in a mainstream setting. The Special Educational Needs and Disability
(Northern
Ireland) Order 2005, (SENDO), has strengthened the right of children
with SEN to be educated in mainstream schools where parents
want it and the
interests of other children can be protected. A total of £57.8m over three
years has been provided to implement
SENDO. Plans are in hand to establish a
Centre of Excellence in the education of children with Autism at Middletown in
County Armagh
to promote excellence in the education of children and young
people with Autistic Spectrum Disorder (ASD) throughout Ireland.
- The
Education (Additional Support for Learning) (Scotland) Act 2004 introduces a new
system for identifying and addressing the additional
support needs of children
who face a barrier to learning. The Act encompasses any need that requires
additional support in order
for the child to learn. It places duties on
education authorities and requires other bodies and organisations to help. In
providing
school education, education authorities are required to identify and
then make adequate and efficient provision for the additional
support needs of
children. Parents can request an education authority to establish whether their
child has additional support needs
and whether they require a coordinated
support plan (CSP). A CSP must be prepared for those with enduring complex or
multiple needs
that require support from outwith education services. The plan
will focus on supporting the child to achieve learning outcomes and
assist the
coordination of services from a range of providers.
- The
Act also introduces new rights for parents and provides for children to have
their views taken into account in discussing, monitoring
and evaluating their
learning.
- In
September 2006 in Scotland there were 36,148 pupils with Additional Support
Needs, 70% of whom were boys. This compares to 27,540
with special
educational needs in 2005, a 6% per cent increase. There were 191
special schools an increase of one from 2005. There
were 6,992 pupils in special
schools, a 2% reduction from 2005.
- In
Wales, the number of pupils with a statement of SEN decreased by 2.7% during
2005, bringing the total number with a statement to
16,076 at January 2006. At
January 2006, 3.2% of pupils on roll had statements of SEN. The percentage of
pupils with statements on
school rolls over the last seven years has remained
constant. The number of pupils newly assessed as requiring a statement decreased
during 2005. 1,556 pupils were newly assessed as requiring a statement compared
to 1,712 in the previous year. Nearly 92% (14,776
pupils) of the total
with statements were educated within their ‘home’ authority
rather than in other authorities. 33%
of those pupils educated outside their
‘home’ authority attended maintained special
schools (429 pupils).
Education of sick children
- In
any given year there are some 100,000 children in England who, for part or all
of the year, require education outside school because
of medical
needs. Under section 19 of the Education Act 1996, local authorities have a
legal obligation to see that suitable education
is provided for children of
compulsory school age who cannot attend school because of illness. In 2001
the Government issued statutory
guidance on the education of children unable to
attend school because of medical needs.
- The
Education (Additional Support for Learning) (Scotland) Act 2004 introduces a new
system for identifying and addressing the additional
support needs of children
who face a barrier to learning. The Act encompasses any need that requires
additional support in order
for the child to learn. It places duties on
education authorities and requires other bodies and organisations to help. In
providing
school education, education authorities are required to identify and
then make adequate and efficient provision for the additional
support needs of
children.
Asylum seeking children
- Local
authorities in England, Wales and Scotland have a legal duty to ensure that
education is available for all children of compulsory
school age. This duty
applies irrespective of a child’s immigration status or rights of
residence. In 2004, the Government
published guidance to support teachers in
their work with asylum seeking and refugee children. The most recent estimate,
from the
Refugee Council, is that there are 82,000 asylum seeking or refugee
children attending schools in England.
Minority ethnic children
- Head
teachers and school governing bodies in the UK need to be satisfied that their
policies comply with the Human Rights Act 1998
and the Race Relations Amendment
Act 2000. The latter requires schools to draw up a race equality policy, ensure
that policies do
not discriminate against racial groups, and places a duty on
schools to promote race equality.
- Over
one in eight pupils in maintained schools in England is now from a minority
ethnic background. The Government is committed to
closing the unacceptable
achievement gap that exists between children from different ethnic minority
groups. Our work through the
“Aiming High Raising the Achievement of
Minority Ethnic Pupils” projects has sent a consistent message that
minority ethnic pupils’ attainment is a mainstream issue that needs to be
addressed
through whole school policies driven by: strong leadership; high
quality teaching and learning; recognising and valuing linguistic
and cultural
diversity; and high expectations and involvement with parents and the community.
The Government set out its Aiming High national strategy for raising the
academic achievement of ethnic minority pupils in 2003.
- Programmes
within this strategy include:
- The
Black Pupils Achievement Programme working with secondary schools to
develop best practice to support Black pupils. Launched in 2003 and expanded in
2006, there are
now over 100 schools across 25 local authorities participating
in the programme;
- The
Minority Ethnic Achievement Project piloting innovative ways to
raise the achievement of Bangladeshi, Pakistani, Turkish and Somali pupils at
Key Stage 3. Phase 2 of
the project was launched in June 2006 almost doubling
the project’s size, which now has 85 schools participating across 17
local
authorities.
- Other
Government strategies in England include:
- The Ethnic
Minority Achievement Grant (a ringfenced grant worth £173.6 million
in 200607) available to schools to support underachieving black and
minority ethnic
pupils;
- Specialist
qualifications for teachers of English as an additional language;
- The New
Arrivals Excellence Programme announced in October 2006, providing schools
and local authorities with advice, guidance and training to enable them to build
capacity
to provide good quality education provision for new arrivals for those
with English as an Additional Language.
Gypsy, Roma and Traveller children
- Particular
priority has been given to improving the life chances of Gypsy, Roma and
Traveller children, for whom outcomes remain behind
those of other children.
Many local authorities in England use part of the Children’s Services
Grant to provide a Traveller
Education Support Service (TESS). TESS offer advice
to local authorities and schools, support attendance, integration or
reintegration
into school; and provide additional educational support
to enable Gypsy, Roma and Traveller children to achieve their full
potential.
- As
part of its Aiming High strategy, the Government is working closely with
TESS, local authorities and schools through the following initiatives:
- A new programme
within the Primary and Secondary National Strategies launched in September 2006
with 12 local authorities and 50 educational
settings to support local
authorities and schools to meet the aspirations of Gypsy, Roma and Traveller
parents and pupils;
- Encouraging
schools to provide a range of good quality distance learning
opportunities for children who travel throughout the school
year. Support
is being provided to 26 local authorities and over 200 Gypsy, Roma and Traveller
pupils on the elearning and mobility
project. Laptops and datacards are used
together with learning materials. Children can keep in close contact with their
teachers
and peers;
- The good
practice guide, School Supported Distance Learning was published in
December 2006. This describes the use of ICT in providing distance learning for
all children with interrupted schooling.
- There
are currently 3,911 children in Northern Ireland who do not have English as a
first language and who have significant difficulty
with English (October 2006
school census). The total allocation for the 20062007 financial year for EAL
(English as an Additional
Language) teaching in Northern Ireland is £4.4
million. Specific action is also being taken to support the 792 school age
Traveller
children in Northern Ireland, including offering greater flexibility
in preschool; publishing postprimary research on Travellers;
funding 3
publications for schools on Human Rights and the Bill of Rights, and collecting
and making available statistical data on
Travellers through the Department of
Education’s website. The Department of Education has allocated nearly
£1.1 million
for the 792 Traveller pupils.
- In
Scotland, a number of initiatives are underway to actively promote equality
within education and help enable every pupil to achieve
their full potential,
regardless of their gender, ethnicity, religion or social background. These
initiatives include the development
of materials to help support schools in
dealing with racist and homophobic incidents; developing training resources for
school staff
on equality issues; and producing materials to support schools in
mainstreaming antidiscrimination into the curriculum. In addition,
the Scottish
Traveller Education Programme (STEP) published a set of leaflets and
accompanying DVD in March 2006 for Gypsy/Traveller
parents and families
providing targeted information on the Scottish education system. The Executive
has funded STEP to assess the
effectiveness of guidance for local authorities
and schools on inclusive approaches for Gypsies/Travellers.
- The
Welsh Assembly Government issued new guidance in October 2006 on Inclusion and
Pupil support which encourages a whole school approach
to managing and
celebrating diversity. Linked to this, separate guidance on how to raise
minority ethnic achievement is being prepared
along with practical guidance for
teachers. The Assembly Government makes significant funding available to promote
minority ethnic
achievement and in 200708 its Minority Ethnic Achievement Grant
will amount to £8.1million. Refugees are also covered by the
grant
- along with
the children of migrant workers, whose numbers are increasing steadily. Over
20,000 minority ethnic children, most of whom
have English as an additional
language, are supported by the grant. In addition, the Assembly Government
provides a specific grant
of almost £1million annually for the education of
Gypsy Traveller children, of whom there are approximately 1,200 in Wales at
any
one time.
Rest, leisure, recreation, cultural and artistic activities
(art. 31)
- The
200607 survey, carried out as part of the research with children and young
people for this report, found that three quarters of
all respondents reported
that they had sufficient opportunities to do what they wanted to do in terms of
relaxation, play and generally
having fun either every day or most days.
Only 1% felt that they never had such opportunities. Opportunities for leisure
and recreation
appear to decline with age. There were no differences in
satisfaction rates by age or gender. There were limited opportunities for
outside play or leisure for young people not interested in sport. Children and
young people in rural areas and disabled children
appeared to be most likely to
miss out on opportunities for leisure with transport to activities representing
a major barrier.
Participation in play
- In
August 2006, the Department for Culture, Media and Sport (DCMS), in England,
published “Time for Play, encouraging greater play opportunities for
children and young people”. It signals the government’s
commitment to play, sets out the extent of current activity in other government
departments, and discusses
the implications of recent changes in the delivery of
children’s services for the play sector. DCMS continues to support the
national infrastructure for play in England through contracts with the
Children’s Play Council, the Children’s Play Information
Service and
Skillsactive.
- In
October 2006, a consultation was launched on a draft Play Policy for Northern
Ireland. The aim of the policy is to establish play
within a policy framework
that will place high value on play as an essential element in the development of
children’s lives,
families, communities and society. The play policy is
set within the context of the 10year strategy for children and young people
and
will contribute to the delivery of many of our strategic aims, particularly
those which relate to improved health and achievement
outcomes. The Commissioner
for Children and Young People for Northern Ireland played an oversight role in
developing the policy.
The play policy, which is aimed at children aged 11 years
and under, will be followed by a recreation/leisure policy aimed at the
older
age group.
- In
Scotland, the importance of play is recognised as being vital to
children’s emotional and physical development. A wide range
of play
opportunities are available, along with a number of Scottish Executive funding
streams that can be used for play. The Scottish
Executive also provides funding
to voluntary organisations to help promote and support play.
- Wales
introduced a play policy in October 2002. The policy was based upon Article 31
of the Convention, recognising the vital importance
of play and aiming to create
an environment that fostered it. A detailed Play Policy Implementation Plan was
published in February
2006. Children and Young People’s Plans include
requirements for reporting on local Play Strategies.
Sports and cultural activities
- Between
2002 and 2006, £134 million of Government and Lottery funding has been
invested in the Space for Sport and the Arts programme.
The programme has
provided 269 new and modernised facilities for sport and the arts in primary
schools in deprived areas across England,
giving pupils and local communities
more opportunities to get involved in arts and sporting activities.
- From
20036 Positive Futures a national sports based programme aiming to
involve marginalised young people in sport and other activities
has
received approximately £18.5 million from Government, the Football
Foundation, Sport England and local supporters. The
lives of more than 100,000
young people have now been enhanced by the continuing success of the Positive
Futures programme.
- In
England, the national (England) PE, School Sport and Club Links (PESSCL)
strategy is investing £978m between 200304 and 200708
to increase the
opportunities for children to take part in sports in and out of school. In
addition, £686m lottery funding is
enhancing school sport facilities.
Overall, 80% of pupils in partnership schools now take part in two or more hours
of high quality
PE and school sport each week exceeding our target by five
percentage points.
- In
Scotland, the Executive published its national sport strategy Reaching Higher
in March 2007. One of its two desired outcomes
is to increase participation,
particularly among young people who have many competing distractions. The key
initiative to increase
participation is Active Schools which is designed
to increase the range and number of opportunities for children people to be more
active in and around the school
day. It is supported by all 32 local authorities
in Scotland, in tackling the low levels of activity highlighted in the report of
the National Physical Activity Task Force. A key element of the initiative is
that the children should be consulted over the range
of activities to be offered
through Active Schools.
- In
Wales, with funding provided by Welsh Assembly Government, the Sports Council
for Wales is leading on implementation of the PE
and School Sport Action Plan
for Wales (PESS). Working with local authorities, the central element of this
work lies in the establishment
of PESS Partnerships (PPs), bringing together
clusters of schools working with local consortia to make best use of facilities
and
expertise with a target of 2 hours curriculum time PE each week. The aim is
for all schools to be involved in PESS Partnerships
by 2010. Each LEA has
appointed a PESS coordinator to support the PPs and disseminate good practice.
Specialist projects are providing
improved training and development
opportunities for practitioners.
- In
November 2004, the Department of Health, Social Services and Public Safety
(DHSSPS) launched a taskforce to consider issues around
childhood obesity in
Northern Ireland. As part of the Fit Futures initiative, an engagement process
was established that involved
a range of stakeholders with an interest in
preventing obesity in children. On the basis of these consultations, the Fit
Futures
steering group made over 70 recommendations on priorities for action to
the Ministerial Group on Public Health in March 2006. At
this time, a commitment
was given to producing a Government response to the report, including a
crossdepartmental implementation
plan. Consultations on the implementation plan
have finished all responses are currently being analysed with a view to
publishing
the final implementation plan as soon as possible. In May 2007, the
Minister for Education announced that she is working with the
Gaelic Athletic
Association (GAA) and Irish Football Association (IFA) to introduce a sports
programme in primary schools from September
2007, focusing initially on Gaelic
games and soccer. The emphasis will be on encouraging participation and an
enjoyment of ‘getting
out there’ and developing physical literacy
skills.
- In
April 1999 the UK Government introduced free entry for children visiting
(previously charging) National Museums in England and
a small group of
nonnational museums which receive core grant in aid funding from the Department
for Culture, Media and Sport. The
Department introduced free admission for all
visitors in December 2001 at a cost of around £40m per year. Visits by
children
and their families to the museums involved have in some cases more than
doubled as a result.
- 112. The
Heritage Lottery Fund (HLF) supports access for children and young
people to the historic environment. The “Young Roots”
grant
programme aims to engage young people in their local heritage and funds projects
which: actively involve young people aged
between 13 and 20 (up to 25 for young
people with special needs) in leading and directing projects; focus on the
varied heritage
of the UK; are delivered through partnerships involving at least
one youth organisation and one heritage organisation; and promote
involvement
for a wide range of young people. Over 510 projects have received a
total of £11m of funding since the programme’s
launch
in 2003.
- In
September 2005, Arts Council England published a national strategy Children,
young people and the arts. The strategy asserts the belief that everyone
from early childhood through to young adulthood and beyond should have the
opportunity
to engage with the highest quality of arts and creative experiences.
Arts Council England gives regular funding to 1,100 arts organizations
in
England, encompassing a huge and diverse range of artistic, creative and
cultural activities in all parts of the country. In 200405,
regularly funded
organizations received £280 million from Arts Council England. Ninety per
cent of these regularly funded organizations
have education or training
programmes, and 60% of them work with 419 yearolds in schools. In 200304, they
ran 180,000 education sessions,
which were attended by 2 million children and
young people aged 19 or under.
- Children
and young people have also benefited from significant investment in the arts by
the National Lottery since 1999. Over the
last ten years, £2 billion of
Lottery funds have been invested into the arts, providing a wealth of
opportunities for children
and young people including:
- The provision of
£139,000 of funding for the Afterhours Arts Academy at the Slough Young
People’s Centre has enabled it
to run a regular programme of arts and
creative workshops and courses for young people;
- The Unicorn
Children’s Centre received £5.86 million to create a theatre for
children in Southwark, forming an administrative
base for the Unicorn. The
building will also take touring production;
- Pegasus Oxford
received £2.86 million to develop a building to provide a flexible
performance space, a dance/rehearsal studio,
residency spaces, a dedicated
Oxford Youth Theatre space and technical/ production facilities;
- £10 million
a year of Lottery funding to Youth Music, a UKwide charity set up in 1999 to
provide high quality and diverse musicmaking
opportunities for children up to
the age of 18.
- Since
2002, the Government and Arts Council England have invested over £130
million in Creative Partnerships, the Government’s
flagship creativity
programme for schools and young people, and over 10,000 schools and more than
500,000 children have taken part
in over 5,000 projects.
- Building
on this work, Arts Council England, in partnership with the Museums Libraries
and Archives Council, is delivering cultural
hubs, which model ways of
delivering a varied and rich cultural offer for children. This strategic
initiative aims to give every
child in participating schools the opportunity to
engage with local cultural organisations and practitioners over a threeyear
period.
During the period 200508, Arts Council England is investing £4.5
million in cultural hubs. An evaluation report on the programme’s
effectiveness in its first year shows that more than 3,800 pupils who
participated in Hub activities had for the first time accessed
this type of arts
and cultural activity.
- All
UK public libraries have dedicated children’s sections which, between
them, hold over 25 million books. In 200506, nearly
90 million
loans were made by children’s sections. Many libraries run programmes to
develop children’s love or reading
and to boost their literacy
skills. The Government funds the Bookstart programme in England, providing
£9 million each year
to enable each young child to receive three free
packs of books. This initiative is supported by libraries’
popular ‘Rhymetime’
and ‘Storytime’ events. Young
participants in these schemes have been found to have performed well at Key
Stage 1, compared
to nonparticipants. More than 650,000 primary
schoolaged children take part each year in the ‘Summer Reading
Challenge’,
run by nearly all libraries during the long summer
holidays. In 2006, the Museums Libraries and Archives Council
established the
Youth Libraries Board to develop improved library services
for teenagers.
- In
addition to these sporting and cultural opportunities, the Music Manifesto was
launched in 2004 by the Government, in collaboration
with a consortium of
60 music organizations, educators, musicians and representatives from the music
industry. It offers a vision
and a set of priorities and sets an agenda for the
next three to five years, focusing on children and young people, to develop and
improve music education and ensure that young people have the opportunity to
enjoy a broad range of musical experiences. There are
now more than 1,200
signatories to the Music Manifesto.
- English
Heritage, the government’s agency for the promotion and protection of the
historic environment, encourages children
and young people to enjoy, understand
and value their historic environment. This includes schools, colleges, teacher
training institutions
and other educational organisations, as well as families,
youth groups and adult lifelong learners. In 20052006 English Heritage
properties hosted 485,000 educational visits. In addition, in 2003 English
Heritage introduced free access to their 400 properties
for children under
nineteen with an accompanying adult who is a member. All children under five
have free entry to the 400 English
Heritage properties.
- In
Wales, the Assembly Government’s Creative Future (Cymru Creadigol)
strategy aims to increase access to cultural experiences for children
through the medium of English and of Welsh.
- In
Scotland, Scotland’s Culture the Scottish Executive Response on the
Cultural Review (2006) sets out the Executive’s cultural policy.
It cites Articles 13, 29 and 31 in the UN Convention as the Executive’s
starting point to be promoted further in action to implement the new cultural
policy. Scotland’s Culture was developed in consultation with
children, and proposes an ‘escalator model’ to help
Scotland’s talented children move from school through to further and
higher
education and/or into employment in the cultural sector.
- The
Arts Council of Northern Ireland (ACNI) has implemented a range of initiatives,
such as: the creation of a dedicated Arts Development
Officer post for Youth
Arts; the establishment of a Youth Arts Funding Policy; and the establishment of
the Creative Youth Partnership
Programme.
Youth policy
- Youth
Matters, published in July 2005, set out plans to reshape services for young
people in England, ensuring they receive personalised advice and
guidance with
targeted help and support for young people who are most at risk, and ensuring
access to a wide range of positive activities.
It is being delivered through a
number of workstreams including:
- Youth
Opportunity and Youth Capital Funds (YOF/YCF): a combined budget of
£115 million over 2 years (200608) to provide young people with more
choice and influence over facilities
in their area;
- Positive
Activities for young people programme: aimed at young people aged 819 who
are at risk of social exclusion and community crime. Funding is being made
available (£166
million since April 2003) to provide activities during the
school holidays;
- Youth
Volunteering: following the Russell Commission report on youth action and
engagement, the Government has set up a new charity, “V”,
which aims to reach a target of 1 million new young volunteers over the next
five years. The DCSF Millennium Volunteers programme
(and £15 million
budget) was transferred to “V” on 1 April 2007 which is in
addition to the £150 million announced by Government to provide quality
volunteering opportunities
for young people;
- Spending by
local authorities in England on the delivery of Youth Services increased from
£343m per annum in 200304 to £403m
in 200607.
- 49%
of the respondents for the 2003 Citizenship Survey (of 1,666 children aged 8 to
15) reported that they had engaged in one or more
civic activities, such as
school or club committees, including the giving of help to groups, clubs or
other organisations in the
previous 12
months.
- The
Education and Inspections Act 2006 introduced a new duty for Local Authorities
in England to secure access to, as far as reasonably
practicable, sufficient
positive leisure time activities and facilities for such activities. These
leisure time activities must include
sufficient educational leisuretime
activities and facilities which are for the improvement of young people’s
personal and social
development.
- The
Scottish Executive issued a consultation paper in August 2006 on youth work
issues including specific questions on accessibility
for all young people
including those in rural areas and on issues and barriers faced by young people
from minority ethnic backgrounds,
disabled young people and homosexual and
transsexual young people in accessing youth work opportunities. The Executive
then launched
a youth work strategy in March 2007 designed to improve young
people’s life chances and experiences. The strategy aims to support
longterm growth in the sector with more opportunities for young people,
volunteers and youth workers, better facilities and more
effective, targeted
support at a national level. The strategy also includes a range of shorterterm
measures as part of a “Year
of Action”, to put in place new support
structures and boost the capacity of the sector to take forward the longerterm
vision.
- In
Wales, each local authority is required by law to provide or secure high quality
youth support services. The Youth Service works
through local Young
People’s Partnerships to form a network of provision to enable all young
people to access the 10 Entitlements
set out in Extending Entitlement:
support for 1125 year olds in Wales. Links are made with young people
through a range of contact points, including youth clubs, uniformed
organisations, faithbased groups,
street work, counselling, information and
advice centres, and specialist centres focused, for example, on art or
sport.
- The
National Youth Service Strategy for Wales commits the Welsh Youth Service to
encouraging young people to become equal partners
in their learning processes
and decisionmaking. The Strategy also commits the Service to working with Funky
Dragon, youth forums
and schools councils to enhance the network of
participation opportunities for young people throughout Wales. National
Standards
for Children and Young People’s Participation have been
developed, including a Participation Quality Mark for those organisations
that
have achieved the standards
- The
Scottish Executive issued a consultation paper in August 2006 including specific
questions on accessibility for all young people
including those in rural areas
and on issues and barriers faced by young people from minority ethnic
backgrounds, disabled young
people and homosexual and transsexual young people
in accessing youth work opportunities.
- In
Northern Ireland, the Department of Education with colleagues in the
crosssectoral Youth Service Liaison Forum have produced a
Strategy for the
Delivery of Youth Work in Northern Ireland. The overall aim is to: “Ensure
that young people have the skills,
knowledge and opportunities to make informed
choices about their lives, and are at the heart of designing, managing and
evaluating
youth work policy and practice, have opportunities to address issues
they are interested in, and can make a meaningful contribution
within their
communities and within public and political decision making”.
C: Statistics and resources
- Every
year maintained schools in England return data via the School Census. This
records the ethnicity of each pupil as well as a
range of other characteristics
(age, gender, entitlement to free school meals, etc). Because the Unique Pupil
Number is collected
alongside other personal details such as name and date of
birth, schools, local authorities and the Department for Children, Schools
and Families is able to match data on pupil characteristics with achievement and
attainment data. Only anonymised data are provided
for statistical
analyses, thus protecting the confidentiality of individuals.
Academic achievement
Black and minority ethnic pupils positive trends
- 45%
of Black Caribbean pupils achieved 5+A*C in 2006 compared to 42% in 2005,
36% in 2004 and 33% in 2003;
- 57% of
Bangladeshi pupils achieved 5+A*C in 2006 compared to 53% in 2005, 48%
in 2004 and 46% in 2003;
- 51% of
Pakistani pupils achieved 5+A*C in 2006 compared to 48% in 2005, 45%
in 2004 and 42% in 2003.
Gender
- Girls
consistently outperform boys in virtually all of the minority ethnic groups in
each of the Key Stages, as they do nationally.
This is not true for Key Stage 2
where in Maths and Science, boys and girls perform similarly and in some ethnic
groups boys outperform
girls;
- There is
variability in the gender differences across the ethnic groups. For example,
at Key Stage 4, in 2006 the difference between
Black Caribbean boys and
girls was 16.4 percentage points compared with 6.5 percentage points
for Mixed White and Asian heritage.
Free school meals
- Latest
data show an improvement in the achievement of pupils eligible for Free School
meals with an increase of 3.1 percentage points
in the percentage of pupils at
the End of Key Stage 4 achieving 5+ A*C at GCSE and equivalent between 2005
and 2006, from 29.9 to
33.0. This compares to an increase nationally of 2.4
percentage points.
Exclusions
- In
200405, around 26 in every 10,000 pupils of Mixed ethnic origin were permanently
excluded from school. This was the same as the
exclusion rate for Black pupils
(of all categories), which was around twice that for White pupils. These rates
are similar to the
previous year;
- Almost 8 in
every 100 pupils of Black or Mixed ethnic origin were excluded for a fixed
period in 2004/05. This compares with almost
6 in every 100 pupils of White
ethnic origin and around 2 in every 100 Asian pupils;
- Pupils with
statements of SEN are around 3 times more likely to be permanently excluded from
school than the rest of the school population.
Of all permanent exclusions in
200405, 58 per cent were of pupils with SEN (statemented and nonstatemented);
this is down from 64
per cent in the previous year.
- Further
statistical information related to this chapter is available in Annex
1.
D: Factors and difficulties
Continuing to raise standards while narrowing achievement
gaps
- In
order to continue to raise standards, schools in England will need increasingly
to focus on narrowing attainment gaps between high
and low achievers,
particularly those from specific disadvantaged groups. Strategies are in place
for these groups (as mentioned
above, for example: Care Matters for looked after
children and Aiming Higher for minority ethnic groups).
Reducing bullying
- The
Government in England takes bullying very seriously and will continue to
implement strategies to address the various ways in which
bullying manifests
itself (such as issuing revised guidance in September 2007 on bullying to
schools, which will include specialist
advice on prejudicedriven bullying and
cyber bullying). The situation will continue to be monitored and the Government
will continue
to work in partnership with schools and NGOs, all the time this
remains an issue of concern to children.
- The
Schools (Safety and Supervision of Pupils) (Scotland) Regulations 1990 place a
duty on education authorities in Scotland to take
reasonable care for the safety
of its pupils. Building on this duty, the Executive has provided funding to
support implementation
of the recommendations in the Better Behaviour Better
Learning report on promoting positive behaviour in schools. To support
children and young people affected by bullying the Executive supports
ChildLine
Scotland to run a specific Bullying Line to listen to children and support
them.
Improving the education of children in custody and their
reintegration into the education and skills system
- The
UK Government recognises that there is more to do to improve education for
children in custodial settings in England. We are reviewing
education for
young people in custody to consider how best to improve access to
appropriate education and to raise the quality of
teaching and learning in line
with mainstream education improvements in the community. Ensuring appropriate
support and reintegration
for young people as they leave custody and reenter the
community is a particular challenge. Government is committed to publishing
forward plans to improve education for young people in the youth justice system
by the end of 2007.
Children not engaged in education employment or training
(NEET)
- A
further challenge is the group of children who are not in education, employment
or training (NEET), who have remained at 9%10% of
the 1618 age group, in
England, over the last decade. Further action is needed to here to create
opportunities for these young people
to attain the optimum educational outcomes
and secure economic and other aspects of well being.
- The
Scottish Executive is also committed to reducing the numbers of young people in
Scotland who are not in education, employment
or training, recognising that the
economic impact of young people not engaging in work or education, and the
personal challenges
which lie behind the statistics, can only be resolved by
tackling the range of different circumstances in which these young people
find
themselves. Working closely with the public, private and voluntary sectors, the
Executive’s challenge is to improve the
participation of 1619 year olds in
learning (both informal and formal; in school and elsewhere). Action is being
taken across education,
training and wider services to transform the educational
experiences of all children and young people, especially those at risk of
disaffection and underachievement.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
(arts. 22, 30, 3236, 37 (b)(d), 38, 39 and 40)
- The
UK Government and devolved administrations are committed to ensuring the
safeguarding and promotion of children’s welfare
in order that they may
safely enjoy their childhood. We are therefore committed to the implementation
of the Articles, with the exception
of those areas where we have lodged
reservations about specific aspects of individual Articles.
A. Concluding observations followup
Asylumseeking/refugee children
CRC/C/15/Add.188
para. 50
In accordance with the principles and provisions of the Convention,
especially articles 2, 3, 22 and 37, and with respect to children,
whether seeking asylum or not, the Committee recommends that the State
party:
(a) Refrain, as a matter of policy, from detaining unaccompanied minors
and ensure the right to speedily challenge the legality of
detention, in
compliance with article 37 of the Convention. In any case, detention must
always be a measure of last resort and for
the shortest appropriate period of
time;
(b) Ensure that refugee and asylumseeking children have access to basic
services such as education and health, and that there is
no discrimination in
benefit entitlements for asylumseeking families that could affect
children;
(c) Consider the appointment of guardians for unaccompanied asylumseeking
and refugee children;
(d) Take all necessary measures to prevent children who have settled in a
particular area being forced to leave when they reach the
age of 18
years;
(e) Undertake efforts to expedite the procedure for dealing with asylum
applications and to avoid placing children in temporary accommodation
which are
inappropriate, accommodating them rather as “children in need” under
the child care legislation;
(f) Carry out a review of the availability and effectiveness of legal
representation and other forms of independent advocacy for
unaccompanied minors
and other children in the immigration and asylum systems;
(g) Address thoroughly the particular situation of children in the
ongoing reform of the immigration and asylum systems to bring
them into line
with the principles and provisions of the Convention.
(a) Detention of unaccompanied minors
- Unaccompanied
asylum seeking children (UASC), including those individuals whose age is unclear
but who are being treated as minors,
are not, as a matter of policy, detained.
The policy is for them to be supported by local authority children’s
services, which
have the skills and facilities to provide suitable care and
support to children. In practice, most of those who arrive in the UK
when
already aged 16 or 17 are placed in accommodation that is shared with other
young people, while the majority of those who arrive
before their
16th birthdays are placed with foster carers.
- The
exception to this general practice arises in circumstances where it may be
necessary to detain an unaccompanied minor whilst alternative
care arrangements
are made. Such detention is usually only for a very brief period, most commonly
for a single night. The need for
this approach might arise, for example, where a
child is encountered during the course of enforcement or linked activity, and
where
there are no appropriate adults in whose care the minor can immediately be
placed.
- The
Government also wants to improve age assessment techniques, and reduce the
possibility of children, whose ages are disputed by
the Border and Immigration
Agency, being detained together with adults (as well as to avoid the risk of
adults being inappropriately
supported as, and placed with, children). The
Government is actively working with the Association of Directors of
Children’s
Services (ADCS), with a view to introducing new procedures,
including voluntary dental xray procedures, as a means of helping to
determining
the ages of relevant asylum applicants.
- Detention
can occur for children in families whose claim for asylum has failed and who
have exhausted all appeals. This is an unfortunate
but necessary part of
maintaining an effective immigration control and a robust but fair asylum
system. The Government would much
prefer that families with children who have no
lawful basis any longer to remain in the UK left voluntarily. Where they do not,
detention
may on occasion be necessary in order to effect departure. Detention
of families is kept to the minimum period necessary published
statistics show
that the vast majority of detained families spend fewer than 7 days in
detention. The cases of detained families
are kept under close and frequent
review throughout the period of detention
- to
ensure that swift case progression is maintained and that detention continues
for no longer than is necessary. In those exceptional
cases where detention
lasts for 28 days or more, continuing detention is subject to weekly Ministerial
authorisation.
- Close
working arrangements are in place between the Border and Immigration Agency
(BIA) and local authority children’s services
departments in areas where
there are removal centres with family accommodation. Yarl’s Wood, the main
removal centre for family
detention, has a fulltime, professional social work
presence. Social workers carry out welfare assessments of all children
detained
with their families at Yarl’s Wood and provide input on welfare
issues, which contribute to the system of Ministerial authorisation
of detention
beyond 28 days for families with children.
(b) Access to basic services
- All
refugee children have exactly the same entitlement to access services as UK
citizen children. Asylum seeker children of compulsory
school age (516 years)
are entitled to free education and all asylum seeker children and are entitled
to receive, as other children,
health and welfare support.
- On
arrival in Scotland, Unaccompanied Asylum Seeking Children (UASC) are classed as
‘looked after’ children and are supported
by local authorities in
keeping with their duty under the Children (Scotland) Act 1995 to provide for
children in need. This is similar
to the position in Wales where, on referral to
a local authority, a thorough assessment is made of a child’s needs and
the
appropriate support provided. All asylum seeking children who, following
assessment, become ‘looked after children’ (or
‘children in
need’) are entitled to support and assistance under the same legislative
arrangements relating to UK citizen
children. As with any child, it is important
that services are tailored to individual needs. For example, unaccompanied
asylum seeker
children tend to become looked after at a much older age than
indigenous children and for very different reasons (their separation
from their
families only rarely arises because they have suffered abuse and neglect at the
hands of their parents).
- Children
supported by the Border and Immigration Agency as part of an asylum seeking
family receive financial support that is the
equivalent of 100% of the income
support rate, even though asylum seeker adults receive this support at a lower
rate. There is additional provision for pregnant women and young
children. A oneoff maternity payment is available to assist with the costs
associated with the arrival of a new baby and, since 2002, pregnant women and
children under the age of three have been entitled
to receive additional
payments. These may be used to purchase milk or healthy foods of the
mother’s choice.
- Families
with children under 18, who were in receipt of asylum support at the time their
appeals for asylum have been exhausted, will
continue to receive support. If a
child is born or becomes part of the household after appeal rights are
exhausted, support may be
provided to the family under section 4 of the
Immigration and Asylum Act 1999, provided the principal applicant is eligible.
Section
4 support is intended as a limited and temporary form of support for
people who are expected to leave the UK. Support is provided
in the form of
selfcatering accommodation with vouchers to purchase food and essential
toiletries. In exceptional cases, fullboard
accommodation may be provided,
depending on availability.
- The
Government is committed to ensuring that those, including families and children,
whose asylum applications are unsuccessful (because
they do not have a
wellfounded fear of persecution) do not remain indefinitely in the UK. In
order to deliver this policy in practice,
the UK Government is developing a
range of measures, such as enhanced packages for assisted voluntary returns, to
encourage unsuccessful
applicants’ families to take steps to leave the
UK.
(c) Guardians for unaccompanied minors
- All
unaccompanied seeking children seeking asylum in the UK are referred to a local
authority for assessment support under the provisions
of relevant
children’s welfare legislation. In addition, the children are entitled to
publicly funded legal representation
in relation to their asylum applications.
For those children who are considered to have suffered abuse and neglect at the
hands of
their parents and carers, and in respect of whom family court
proceedings are initiated, a children’s guardian is provided
(in Scotland,
different arrangements apply). Given the support provided to children and young
people under these provisions, the
Government does not believe that a formal
“guardianship scheme” is necessary.
(d) Preventing children from being moved from areas where they
have settled
- Children
who, following assessment, are supported by local authorities are not
‘dispersed’ to other areas in the UK once
they reach 18. Only those
whose asylum claims have been unsuccessful may be directed to relocate to other
areas. Similarly, they
may also be the subject of removal and enforcement
action, requiring them to leave the UK.
(e) Dealing with asylum applications
- In
March 2007 the UK Government introduced a new process for dealing more quickly
with new asylum claims. It is vital that there are
processes in place for
identifying as soon as possible those whose asylum claims are well founded, in
order that they may enjoy the
protections conferred by refugee status, while
those whose claims are not well founded should promptly leave the UK. A new,
dedicated,
process for children was introduced at the same time.
- All
new asylum applications from children are considered by specially trained Case
Owners who are responsible for the case throughout
the asylum process. These
Case Owners will also ensure that children are referred to the relevant local
authority where appropriate.
- All
children over 12 are interviewed by Case Owners, who receive special training to
interview children/young people. Prior to the
interview they will be invited to
an initial introductory meeting with the Case Owner who will be dealing with
their asylum claim.
The Case Owner will explain the asylum process and will
answer any queries the child may have. When a decision is made on their case,
they will have this decision given to them in person. Children under 12 will
also be offered the opportunity of a first contact and
will also be directly
provided with the asylum decision in their cases. However, they will not be
interviewed. To help children understand
the asylum process, the Children
Arriving in the UK booklet was produced in 2006 in conjunction with the NGO
Save the Children to explain the asylum process to unaccompanied asylum
seeking
children.
- In
2003, the statuses of ‘Humanitarian Protection’ and
‘Discretionary Leave’ replaced ‘Exceptional Leave
to
Remain’. Those whose asylum applications are successful are recognised as
refugees. Unaccompanied Asylum Seeking Children
(UASC) whose asylum claims are
unsuccessful are granted Humanitarian Protection if a return to their country of
origin is likely
to result in a breach of their rights under Articles 2 or 3 of
the ECHR. If they do not face this risk, they will normally be granted
Discretionary Leave until they reach 17.5 years. Unaccompanied children will
only be returned to their home countries before their
18th birthdays
where they have a family to return to or where adequate reception and
accommodation arrangements are in place.
- The
Government believes that this new process will enable children and young people
to have a voice and an improved opportunity to
tell their story in the asylum
application process. The new process will also provide more clarity for children
and young people,
giving them a more timely resolution to their applications,
enabling them to make plans for their futures based upon clearer
outcomes.
(f) Legal representation for children in the immigration and
asylum system
- Children
and young people have access to legal representation throughout the asylum
process. The Border and Immigration Agency is
in the process of putting
procedures in place to ensure that children and young people who do not have
legal representation are identified
at the earliest opportunity. The full asylum
interview is carried out in the presence of a legal representative.
(g) Address thoroughly the particular situation of children in
the ongoing reform of the immigration and asylum systems
- The
Government has recently introduced a raft of new measures to the asylum and
immigration process. In addition to those described
above, the consultation
paper “Planning Better Outcomes and Support for Unaccompanied Asylum
Seeking Children” was published in March 2007. The proposals in the
consultation are designed to improve the existing system for unaccompanied
children and to achieve a position where such children are placed in
“specialist” local authorities that have developed
the capacity and
specific expertise to work with this vulnerable group. This will ensure that the
particular needs of unaccompanied
children are appropriately addressed by
professionals experienced in working with them.
- There
had been considerable public and political concern in Scotland about the
treatment of asylum seeking families. However, following
discussion between the
Scottish Executive and the Border and Immigration Agency, measures were agreed
to help ensure that children’s
needs are met more fully and their rights
better protected and supported. For example as part of its “legacy
review”
of all existing cases, arrangements are in place in Glasgow to
ensure that any relevant information is made available to the Agency
about the
health, welfare and education of the children of asylum seekers in
Scotland.
Irish and Roma travellers
CRC/C/15/Add.188 para. 52
In line with its previous recommendations (ibid., para. 40), the Committee
recommends that the State party devise, in a consultative
and participatory
process with these groups and their children, a comprehensive and constructive
plan of action to effectively target
the obstacles to the enjoyment of rights by
children belonging to these groups
- The
UK Government and devolved administrations are committed to reducing
discrimination against Irish and Roma traveller children
and combating all
obstacles to their full enjoyment of the Convention rights.
- Since
the last report, a comprehensive review of Gypsy and Traveller accommodation
policy in England has been undertaken by the Government
in England and as a
result, numerous changes have been put in place to ensure that an informed and
strategic approach is taken to
identify the accommodation needs of these
communities and that the planning system identifies land to meet these
needs.
- The
Government’s drive to provide a proper and sufficient supply of suitable
accommodation for the Gypsy and Traveller communities
in England, involves a new
approach which requires:
- Local
authorities to take the lead in assessing the accommodation needs of Gypsies and
Travellers alongside those of their settled
population;
- Each local
authority to play its part in meeting that need through the planning system by
identifying appropriate land in its local
plans for sites, which may be publicly
or privately owned;
- Significant
public investment for new sites and refurbishment of existing sites, together
with a drive to encourage increased investment
and provision by the private
sector.
- The
Government in England has made up to £56m available over the two years
200607 and 200708 for the provision of new sites and
for refurbishment of those
which already exist to ensure they provide a satisfactory standard of
accommodation for these communities
and future generations to come.
- Lack
of suitable accommodation can be particularly detrimental to Gypsy and Traveller
children. The Welsh Assembly Government commissioned
a study on the
accommodation needs of Gypsies and Travellers in Wales, which was published in
May 2006. In response, it has allocated
£5 million over the next five years
to refurbish sites and a dedicated Gypsy and Traveller team has been set up
within the Assembly
Government to take forward this work.
- Further
measures to support Irish and Roma Traveller children and prevent discrimination
are set out in chapters III and VII of this
report.
- The
Scottish Executive has provided funding to the Scottish Traveller Education
Programme (STEP) for a number of years. This has facilitated
work including the
production of guidance for education authorities and schools on inclusive
practices for interrupted learners.
More recently, the Executive commissioned
STEP to assess the effectiveness of their guidance on inclusive education
approaches for
Gypsies/Travellers. Following that research, STEP is currently
taking forward work based on a number of related recommendations.
This includes
the facilitation of the development and maintenance of an elearning community to
assist in providing more continuity
for interrupted learners, the production of
rapid assessment guidance to assist schools receiving new Gypsy and Traveller
pupils,
and also the development of a national handheld record to improve the
quality of information on progress schools receive.
Children in
armed conflict
CRC/C/15/Add.188 para. 54
The Committee recommends that the State party:
(a) Ratify the Optional Protocol on the involvement of children in armed
conflict and take all necessary measures to prevent the
deployment of persons
below the age of 18 years in the circumstances referred to in the
declaration made upon signature by the State
party of the Optional Protocol,
keeping in mind its object and purpose;
(b) While it recruits persons who have attained the age of 16 years but
who have not attained the age of 18 years, endeavour to give
priority to those
who are the oldest in light of article 38, paragraph 3, of the Convention, and
strengthen and increase its efforts
to recruit persons of 18 years and
above;
(c) In line with its previous recommendations (ibid., para. 34), review
the emergency and other legislation, including in relation
to the system of
administration of juvenile justice, at present in operation in Northern Ireland
to ensure its consistency with the
principles and provisions of the
Convention.
(a) Optional Protocol on involvement of children in armed
conflict
- The
United Kingdom ratified the Optional Protocol on 24 June 2003 and remains firmly
committed to it. The UK Government recognises
the importance of providing
special treatment for children under the age of 18 serving in the Armed Forces
and the need to have robust
and effective safeguards in place to ensure they are
not placed unnecessarily at risk.
- The
UK Government made a further declaration upon ratification relating to the
involvement of under 18s in hostilities. This included
a clear commitment to
take all feasible measures to ensure those who had not yet reached the age of 18
years old do not take a direct
part in hostilities. Accordingly, administrative
guidelines and procedures are now in place to ensure that, wherever practicable,
under 18s are withdrawn from their units before they are deployed on operations.
The introduction of these guidelines have been successful
in reducing the number
of under 18s who have deployed into areas where they may be exposed to
hostilities, with only eighteen children
(aged under 18) deployed since the
Optional Protocol was signed in 2003 (all of these from the Army) and none
since July 2005. The
vast majority of those that were deployed were within one
week of their eighteenth birthdays or were removed from theatre within
a week of
their arrival. Only four under 18s were deployed for a period of greater than
two weeks compared to well over 100,000 adult
personnel deployed by the UK on
operations during the same period. The declaration also set out a number of
exceptional and welldefined
circumstances in which it might not be feasible to
prevent the direct involvement of under 18s in hostilities. There are no plans
to withdraw this declaration.
- Further
details on the measures the UK has taken to implement the provisions of the
Optional Protocol are provided in its first Report
which is being submitted to
the UN in parallel with this report.
(b) Recruitment of children to the armed forces
- The
UK made a declaration upon ratification of the Optional Protocol concerning the
minimum age of recruitment and on the safeguards
to ensure that all recruitment
of under 18s is genuinely voluntary and with informed consent of the volunteer
and his or her parents.
The minimum recruitment age remains at 16 and there are
no plans to change this. All recruitment into the UK Armed Forces is voluntary
and no applicant under 18 years of age may join the Armed Forces unless their
application is supported by the formal written consent
of his/her parent or
guardian.
- The
Government takes its responsibility for the wellbeing and safety of all Service
personnel (including under 18s) extremely seriously
and has made significant
improvements in light of the Deepcut Review (following the tragic deaths of four
young army recruits), building
on work that was already underway following the
House of Common’s Defence Committee report and the Adult Learning
Inspectorate’s
(ALI) Safer Training report. The 2007 ALI report on Better
Training described the MoD’s achievements as “something of
a triumph
of focused effort to resolve serious problems”. Whilst the majority of the
actions arising from the Deepcut Review
are now complete or nearing completion,
we do not see this as the end of the story. The Government is committed to
maintaining the
improvements already achieved, and to continuing to address the
areas where performance can be improved. Mechanisms are in place,
including
internal monitoring and external inspection, to ensure that this is the case.
The Government has also recently updated
and reissued policy on the care of
under 18s in light of the Deepcut Review and other reports.
(c) Administration of juvenile justice in Northern
Ireland
- The
Northern Irelandspecific provisions in the Terrorism Act 2000 will be repealed
with effect from 31 July 2007. Thereafter, the
remainder of this statute will
apply in Northern Ireland as it applies to the rest of the United Kingdom. The
criminal justice system
in Northern Ireland was reviewed in 2000. The review
made 294 recommendations, including a number pertaining to Youth Justice. Almost
all of the recommendations have been taken forward in new legislation, such
as:
- The
establishment of the Youth Justice Agency in April 2003, as an executive agency
of the Northern Ireland Office;
- The closure in
October 2003 of Lisnevin Juvenile Justice Centre, which was unsuitable as a
facility for young people. At that time
the young people were transferred to
temporary refurbished accommodation at Rathgael. A new purpose built juvenile
justice centre,
which was completed in December 2006, became fully
operational in January 2007;
- The integration
of Youth Conferencing into the youth justice system in Northern Ireland using a
model based on restorative principles;
- The Criminal
Justice Review had also considered the availability of disposals to the courts
and two new orders, Reparation Order and
Community Responsibility Order, were
introduced in December 2003 to provide further sentencing options and to support
the longterm
aim of reducing the number of young people in custody. This aim was
further advanced by the introduction of a Bail Support Scheme
and Remand
Fostering; and
- As recommended,
the inclusion of 17 year olds in the youth court commenced in August
2005.
In addition, Section 53 of the Justice (Northern
Ireland) Act 2002 requires all persons exercising functions in relation to the
youth
justice system to have regard to the welfare of children affected by the
exercise of their functions, with a view to furthering their
personal, social
and educational development.
Economic exploitation, including child labour
CRC/C/15/Add.188 para. 56
The Committee recommends that the State party reconsider its policies
regarding the minimum wage for young workers in light of the
principle of
nondiscrimination.
- Since
October 2004 younger workers (1617 year olds) have enjoyed the protection of the
National Minimum Wage. From that date they
were entitled to £3.00 an hour.
This was increased to £3.30 in October 2006 and will be increased to
£3.40 from October
2007. This entitlement is enforced by 16 teams around
the country in HM Revenue and Customs. This rate was set to protect young
workers
against the worst cases of exploitation, whilst not being so high as to
encourage young people to take up low paid employment rather
than continue their
education or pursue an apprenticeship. Independent research carried out by the
Low Pay Commission confirmed this.
- There
is no minimum wage for 1315 year olds as these children should be in full time
education and the Government does not wish to
encourage them to seek work. At
this age, children are viewed as financially dependent and the State provides
financial support to
their parents in recognition of
this.
Sexual exploitation and trafficking
CRC/C/15/Add.188: Para. 58
The Committee recommends that the State party:
(a) Undertake a study on the scope, causes and background of child
prostitution;
(b) Review its legislation so as not to criminalise children who are
sexually exploited;
(c) Continue to implement policies and programmes in accordance with the
Declaration and Agenda for Action, and the Global Commitment
adopted at the 1996
and 2001 World Congresses against Commercial Sexual Exploitation of
Children;
(d) Ensure that adequate resources, both human and financial, are
allocated to policies and programmes in this area.
(a) Child prostitution, its scope and causes
- In
2004, following an extensive scoping study, the UK Government conducted a public
consultation, Paying the Price: a consultation paper on prostitution which
covered England and Wales. This covered the abuse of children through
prostitution and also sought information on the scope, causes and background to
this form of
child sexual exploitation. Following the consultation exercise, in
January 2006 the Government published a coordinated strategy on
prostitution.
The strategy aims to challenge the existence of streetbased prostitution and all
forms of commercial sexual exploitation,
and includes specific actions to raise
awareness, prevent children from becoming involved and to provide support, for
those already
involved, enabling them to take routes out of prostitution. As
part of this strategy, the Sex Education Forum has produced a factsheet
on
healthy relationships and sexual exploitation to assist Personal Social and
Health Education coordinators and teachers to plan
and deliver effective
education on sexual exploitation at key stages 3 and 4 (which cover children
aged 1116).
- The
Northern Ireland Office has provided £100,000 funding to Barnardo’s
“Beyond the Shadows” project, a study
to examine the extent of child
prostitution, to promote awareness of the problem and to suggest strategies for
tackling it. Awarenessraising
and preventive work with children and young people
will help identify individual and collective needs to inform the range of
responses
required. The project also works with other agencies, making robust
links with significant key agencies, for example, within social
services,
health, the police and education.
- Following
a scoping study on the nature and prevalence of child sexual exploitation in
Wales (Out of Sight, Out of Mind, Barnardo’s Cymru, 2005), the
Welsh Assembly Government has commissioned Barnardo’s Cymru to review the
protocols used
by Welsh local authorities for dealing with children abused
through prostitution, and to ensure that the AllWales Child Protection
Procedures incorporate protocols for sexually exploited children. The
Government’s aim is to ensure that local protocols are
in line with
official guidance, are shared and understood across agencies, and are rigorously
applied. The project will be completed
later in 2007.
- In
Scotland, the Protection of Children and Prevention of Sexual Offences
(Scotland) Act 2005 strengthens the law protecting children
from those who
would sexually abuse or exploit them. It introduces a range of new offences
including the making of payments for the
sexual services of a child under 18;
causing or inciting the provision of sexual services by a child under 18 or
child pornography;
arranging or facilitating the provision of sexual services by
a child under 18 or child pornography; and grooming a child under 16
for the
purposes of committing a sexual offence. The Act was widely supported by those
working with vulnerable children as a useful
tool to help reduce sexual
exploitation and child prostitution.
(b) Preventing criminalisation of children who are sexually
exploited
- The
Government Strategy on prostitution described above also signalled our intention
to update the current guidance on Safeguarding Children Involved in
Prostitution, first published in 2000. The updated guidance will have a
broader scope, looking more generally at safeguarding children who are
sexually
exploited, including those abused through prostitution. The 2000 guidance
stipulates that children found loitering or soliciting
should only be prosecuted
as a last resort where a young person persistently and voluntarily returns to
the streets. Since the publication
of this guidance, prosecutions for this age
group have fallen (in 2005, there was only 1 conviction).
- There
are specific provisions in the Code for Crown Prosecutors to ensure that
are not inappropriately criminalised. The Code requires the Crown Prosecutor to
consider the interests of a child
when deciding whether it is in the public
interest to prosecute. Such cases are usually only referred to the Crown
Prosecution Service
(CPS) for prosecution if the child has already received a
reprimand and a final warning. Reprimands and final warnings are intended
to
prevent reoffending.
(c) Continue to implement policies in line with World
Congresses against commercial sexual exploitation of children
- Responsibility
for tackling the specific instances of sexual exploitation falls largely to
local agencies such as the police, health
professionals, and local authority
children’s services. The Government in England and Wales has continued to
strengthen the
policy framework and the infrastructure for tackling commercial
sexual exploitation of children. This includes tackling online exploitation,
which can be associated with offline abuse.
- The
Sexual Offences Act 2003 clarified and strengthened the framework of criminal
offences which can be used to tackle the sexual
exploitation of children
including:
- New offences to
prevent children being abused through prostitution and pornography including:
buying the sexual services of a child,
causing or encouraging child prostitution
or pornography, arranging or facilitating child prostitution or pornography, and
controlling
any of the activities of a child involved in prostitution or
pornography;
- Clarification of
the laws around rape and consent;
- New offences to
tighten the legal framework around sexual activity with children under 16
and under 13;
- New offences to
tackle grooming children for abuse including online grooming;
- Introduction of
Risk of Sexual Harm Orders, a new preventative order, which can be used to
prohibit adults from engaging in inappropriate
behaviour;
- Provision for
“sex tourists” convicted of sex crimes abroad to comply with
notification requirements for sex offenders
in this country;
- Introduction of
a new foreign travel banning order that can be used in certain circumstances to
prohibit those convicted of a sexual
offence against a child under 16 from
travelling abroad;
- Introduction of
new offences against trafficking persons into, within and out of the country for
the purposes of sexual exploitation;
- Reenactment of
provisions allowing for the prosecution of British citizens or residents for
sexual offences against children, committed
abroad (provide the act was illegal
in the country where it took place).
- The
UK participates in the Virtual Global Taskforce, which brings together law
enforcement agencies in different countries to provide
an international response
to online child abuse. This is covered in more detailed below.
- The
Child Exploitation and OnLine Protection Centre (CEOP) was set up in 2006 to
provide a crossdisciplinary centre for tackling online
exploitation and
associated abuse. The organisation brings together specialist police officers
with other experts including secondees
from key IT providers. See below for more
information on CEOP.
- In
2006 the Government in England and Wales published its coordinated strategy for
tackling prostitution including preventative measures
and steps to tackle child
prostitution.
- In
2006 the Government in England published a revised version of the core statutory
guidance “Working Together to Safeguard Children”. This new
version made clear the need for agencies to tackle commercial sexual
exploitation of children. It incorporated in the core
guidance the key messages
from supplementary guidance ‘Safeguarding Children Involved in
Prostitution’ and emphasised
the need for local agencies to develop
interagency protocols to guide action where there are concerns about this type
of abuse. It
also emphasised the strong links that have been identified between
prostitution, running away from home, human trafficking and substance
misuse.
- “Working
Together” included new guidance on sharing information about underage
sexual activity aimed at ensuring that children’s social
care and the
police are informed where appropriate about underage sex. This should help them
identify and tackle patterns of behaviour
which suggest sexual exploitation
including commercial sexual exploitation.
- The
Government in England has supported work helping schools to raise
children’s awareness of the danger of sexual exploitation
including
commercial sexual exploitation as part of Personal, Social and Health
Education.
- The
CrossGovernment Sexual Violence and Abuse Action Plan published in April
2007 summarises the work Government is doing and plans to do in this area.
- The
UK Government and devolved administrations are working more broadly to tackle
the problem of trafficking, much of which relates
to commercial sexual
exploitation. This work is set out more fully below.
(d) Ensure that adequate resources, both human and financial,
are allocated to policies and programmes in this area
- This
is an area of work which spans several Government Departments in England,
including the Department for Children, Schools and
Families, the Home Office,
the Ministry of Justice and the Department of Health. National level agencies
are also active including
CEOP, which represents a significant commitment of
resource from UK Government and devolved administrations. The bulk of the
daytoday
work, and the bulk of the resources, rest with the frontline agencies,
particularly local authorities and the police, which prioritise
within their own
resources to address these issues.
Administration of juvenile justice
CRC/C/15/Add.188 para. 61
In line with its previous recommendations (ibid., paras. 35 and 36), the
Committee recommends that the State party establish a system
of juvenile justice
that fully integrates into its legislation policies and practice the provisions
and principles of the Convention,
in particular articles 3, 37, 40 and 39, and
other relevant international standards in this area, such as the United Nations
Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing
Rules), the United Nations Guidelines for the Prevention of
Juvenile Delinquency
(the Riyadh Guidelines), the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty
and the Vienna Guidelines for Action on
Children in the Criminal Justice System.
Para. 62
In particular, the Committee recommends that the State party:
(a) Considerably raise the minimum age of criminal
responsibility;
(b) Review the new orders introduced by the Crime and Disorder Act 1998
and make them compatible with the principles and provisions
of the
Convention;
(c) Ensure that no child can be tried as an adult, irrespective of the
circumstances or the gravity of his/her offence;
(d) Ensure that the privacy of all children in conflict with the law is
fully protected in line with article 40 (2) (b) (vii) of
the Convention;
(e) Ensure that detention of children is used as a measure of last resort
and for the shortest appropriate period of time and that
children are separated
from adults in detention, and encourage the use of alternative measures to the
deprivation of liberty;
(f) Ensure that every child deprived of his or her liberty has access to
independent advocacy services and to an independent, childsensitive
and
accessible complaint procedure;
(g) Take all necessary measures, as a matter of urgency, to review the
conditions of detention and ensure that all children deprived
of their liberty
have statutory rights to education, health and child protection equal to those
of other children;
(h) Review the status of young people of 17 years of age for the purpose
of remand with a view to giving special protection to all
children under the age
of 18 years;
(i) Allocate appropriate resources for the Children’s Hearings in
Scotland to allow the number of cases dealt with to be substantially
increased
and to allow young offenders of 16 to 18 years of age to be included in the
Children’s Hearings system.
(a) Age of criminal responsibility
- The
Crime and Disorder Act 1998 (covering England and Wales) abolished the doctrine
of ‘doli incapax’ for children aged 1014. Previously, for a
child aged over ten but under 14 to be convicted of a criminal offence in
England or Wales,
the prosecution had to prove that the child not only committed
the act in question, but that he or she knew that what they were doing
was
seriously wrong. This led to difficulties such as delaying cases or even making
it impossible for the prosecution to proceed.
- The
UK Government, in relation to England and Wales, believes that children of this
age generally can differentiate between bad behaviour
and serious wrongdoing,
and that it is not in the interests of justice, of victims or the children
themselves to prevent offending
from being challenged through formal criminal
justice processes The Government is concerned about 10 and 11 year olds becoming
drawn
into offending behaviour, and believes that commencing criminal
responsibility from the age of 10 helps children develop a sense
of personal
responsibility for their behaviour. However, interventions are intended to be
rehabilitative rather than punitive. A
large part of a Youth Offending
Team’s role is to work closely with children beginning to display
offending behaviour to prevent
it escalating. The early teenage years are an
important, high risk period when timely intervention can make a real
difference.
- The
Government is keen to ensure that children are not prosecuted whenever an
alternative can be found. The Reprimands and Final Warning
Scheme is the most
likely response to offending by this age group, and may include interventions to
tackle offending behaviour and
underlying problems. Local multiagency Youth
Offending Teams include local authority children’s services and health
professionals,
who help identify a child’s needs and refer them to other
statutory services.
- The
total number of children (aged 1017) sentenced in 2005 was 96,200. 119,000
children (1017) were given precourt reprimands or final
warnings of whom
6,631 were 10 to 11 year olds.
- The
age of criminal responsibility in Northern Ireland is also 10. Although the
comprehensive review of the criminal justice system
in Northern Ireland
considered the matter, it did not recommend that the age should be increased. It
did, however, recommend that
children aged 10 13 who are found guilty of
criminal offences should not be held in a juvenile justice centre and that their
accommodation
needs should be provided by the care system. Whilst legislative
provision was made to meet this recommendation, it was felt that
a
noninstitutionalised approach would be more appropriate. This approach is also
supported by the judiciary and Northern Ireland
Human Rights Commission. The
youth justice system therefore continues to work with a range of partners in the
statutory and NGO sectors.
- In
Scotland, the level at which the age of criminal responsibility is set was
reviewed in 2001 and at that time Scottish Ministers
concluded that age 8
years continued to be an appropriate threshold for criminal majority, in the
context that most children aged
under 16 who offend are dealt with through the
Children’s Hearings System; that System is welfare based (i.e. when a
child
offends this is addressed in the context of securing their own best
interests there is no punitive outcome); and for the small number
of children
prosecuted in the courts, referral to the Hearings System for advice and/ or
disposal is the usual outcome for all but
a tiny minority.
(b) New orders introduced by the Crime and Disorder Act
1998
- In
England and Wales, antisocial behaviour orders (ASBOs) are civil court orders
which prohibit someone from engaging in specific
antisocial behaviours. They can
be used against anyone who is 10 years old or older (over 12 years old in
Scotland) who has behaved
in a manner that caused or was likely to cause
harassment, alarm or distress to someone or some people who do not live in their
own
household.
- In
England, an Acceptable Behaviour Contract is given when a local authority and
youth offending team (YOT) identify a child demonstrating
lowlevel antisocial
behaviour. With the child and their parents or carers, they agree a contract,
which is nonstatutory in nature,
under which the child agrees to stop the
patterns of behaviour that are causing nuisance to the local community and to
undertake
activities to address their offending behaviour.
- Parenting
contracts (which are also nonstatutory agreements) can also be used alongside
acceptable behaviour contracts or other interventions
to set out what parents
will do to address the antisocial behaviour of their child. Agencies can also
apply to the courts for a parenting
order to impose requirements on the parent
or guardian which will usually include their attendance on a parenting programme
or counselling.
- It
is important to recognise that children themselves are often the victims of
antisocial behaviour and these interventions protect
them from the small
minority of their peers who behave antisocially. Interventions can also serve to
protect the child who is perpetrating
the antisocial behaviour and promote their
wellbeing. £4 million in funding has been announced for 77 English local
authorities
to employ parenting experts to help families whose children are
involved in, or at risk of exhibiting, antisocial behaviour.
(c) Ensuring no child can be tried as an adult
- In
England and Wales, a defendant under 18 cannot be tried as an adult or receive
an adult sentence though, in certain circumstances
involving serious offences or
where codefendants are adults, may be tried in an adult court. For
example, the alleged offence of murder will be tried in the Crown Court.
However, where the defendant is aged 1017, he or she
will be tried and, if found
guilty, sentenced as a child. Most cases involving children aged 1017 are dealt
with in the Youth Court,
a section of the magistrates’ court. The Youth
Court has the power to sentence children aged 1217 to Detention and
Training
Orders of up to 24 months, as well as to a range of community
sentences. Youth Courts are less formal than magistrates’ courts
and seek
fully to engage with the children appearing in court and with their
families Magistrates are trained to engage directly
with the child and ensure,
so far as is possible and reasonable, that he or she is able to participate
fully in the proceedings.
The court is, where possible, arranged so that all
involved are on the same level and the child is able to sit with or near their
parents (or guardians) and legal representative. Members of the public are not
allowed to observe the court hearings. The victim(s)
of the crime can attend the
hearings of the court, which is required to consider the needs and wishes of
victims.
- In
Scotland, the Criminal Procedure (Scotland) Act 1995 provides that no child
under the age of 16 should be prosecuted in Court except
on the instructions of
the Lord Advocate. When a child appears in court, the court retains the power to
(and in some circumstances
must) seek advice from or remit the case to a
children’s hearing. The Children’s Hearings System, rather than the
Courts,
ordinarily deals with children who offend up to the age of 16. In
addition, children who are subject to a supervision requirement
when they reach
16 may continue to be dealt with by the Hearings System until age 18.
- The
previous Scottish Executive undertook a pilot of a Youth Court dealing
specifically with 16 17 year olds, who would otherwise
have been dealt with
through the adult court. Youth Courts have specially designed disposals geared
to the specific needs of 1617
year olds otherwise the rules of procedure
followed are broadly the same as for the adult court. The Youth Court model is
designed
to encourage a multiagency approach to tackle repeat offending and the
swiftness of the process not only reduces the opportunity
for further offending
in the period between charge and court appearance but also allows victims of
crime to see an earlier outcome.
The Scottish Government will be reviewing
whether the Youth Court model offers an effective means of dealing with
this age group.
(d) Protecting the privacy of children in conflict with the
law
- In
England and Wales, section 44 of the Youth Justice and Criminal Evidence Act
1999 prohibits the publication of any information
which is likely to identify a
person while they are under the age of 18, as being involved in an offence while
the criminal investigation
is ongoing. For the purpose of this provision, a
person involved in the offence includes the perpetrator, a victim or a witness
to
the offence. The person’s name, address, the identity of any school or
other educational establishment or place of work he
attends, or any picture of
him are specifically prohibited from
publication.
- In
the case of children who breach the terms of ASBOs, age alone is insufficient to
justify reporting restrictions being imposed but
the court must have good reason
to make an order. Section 141 of the Serious Organised Crime and Police Act 2005
reverses the presumption
in relation to reporting restrictions in the youth
court for breach of ASBOs. This means that in the event of such proceedings
being
made against a child for breach of an order, a court will not be bound by
automatic reporting restrictions in section 49 of the Children
and Young Persons
Act 1933. While automatic reporting restrictions do not apply, the court
retains the discretion to impose them.
Such situations would arise where
Articles 3, 4 and 16 apply, for example, where a court determines that a child
would be at risk
of harm if his or her details were made public. At the other
end of the scale, children themselves may be victims of antisocial behaviour
and
need protection from the perpetrator, even if he or she is also a child, in
which case it would be appropriate for the court
to allow open reporting, better
to enable the ASBO to be enforced. These situations may sometimes provide a
conflict of interests
which are ultimately matters for courts to decide.
Case law has determined that, in order to operate effectively, ASBOs need to
be publicised and that the use of appropriate and proportionate
publicity is
compliant with both the ECHR and the Human Rights Act 1998.
- Government
Guidance on ASBOs, as applied to England and Wales, provides comprehensive
advice on the use of publicity. The guidance
makes it clear that the practice of
publicising the identities of those who are the subject of ASBOs is not intended
to punish or
embarrass them. Rather, the key purpose is to safeguard the
communities towards whom anti social behaviour has been displayed. A
casebycase
approach is advocated with the human rights of the individual who is subject to
the ASBO being balanced against those
of the community.
- In
Scotland, section 43 of the Children (Scotland) Act 1995 provides that a
Children’s Hearing must be conducted in private
and that members of the
public are not allowed to attend. Section 44 of the Act prohibits the
publication of any matter anywhere
in the UK that is either intended to or is
likely to identify any child who is subject to proceedings at a Children’s
Hearing
this was extended to include any child connected with children’s
hearings proceedings by section 52 of the Criminal Justice
(S) Act 2003 in the
interest of protecting the identity of child victims of youth crime. The Act
also provides for the protection
of the identity of children before a Sheriff on
referral from Children’s Hearings.
- Section
46 of the Children and Young Persons (Scotland) Act 1937 provides for the
protection by the court of the identity of children.
In any proceedings, the
court may direct that no report may reveal the name, address, or school, or
particulars calculated to lead
to the identification, of any person under the
age of 17 years concerned in the proceedings.
- In
Northern Ireland, in all criminal cases, a child’s right to privacy is
protected under statute unless disclosure is deemed,
by the court or the
Secretary of State, to be in the public interest. The civil (rather than
criminal or penal) process under which
antisocial behaviour orders operate also
provides courts with the discretion to apply reporting restrictions in cases
involving children.
Reporting restrictions may also be imposed in cases
involving adult offenders where there is a risk of children and other vulnerable
witnesses and victims being identified.
(e) Detention of children as a last resort, and for the minimum
possible time
- The
Government is committed to diverting children from criminal behaviour. The
reforms of children’s services in England are
designed to ensure that
children are able to get the support they need at an early stage, with those
children who display offending
behaviour being drawn into more structured
support. In England and Wales, the Reprimand and Final Warning scheme contains
precourt
interventions to tackle offending behaviour and underlying problems, so
that initial offending by children is dealt with outside
the court. Most young
offenders who attend court for the first time and plead guilty are given
referral orders, which involve a referral
to a panel. Those who offend more
seriously and persistently may become the subject of a range of community
sentences, which are
designed to prevent further offending and deal with
underlying issues. Youth Offending Teams prevention programmes such as the Youth
Inclusion Programmes (YIPs) are targeted at those on the cusp of offending to
try to prevent them form being drawn into a cycle of
offending. Parenting
programmes can also offer support to families to help address issues underlying
offending behaviour.
- Children
in the UK are made the subject of custodial sentences only as a last resort.
Custody is only available where the seriousness
or persistence of the offending
makes its use unavoidable or where there is a risk of harm to the public. Under
section 153 of the
Criminal Justice Act 2003, covering England and Wales, a
custodial sentence must be for the shortest term commensurate with the
seriousness
of the offence or offences.
- In
England and Wales, about 200,000 young people receive reprimands, final warnings
or are found guilty each year. 97% of them are
dealt with through community
interventions or noncustodial sentences, while 3% receive custodial
sentences.
- However,
the Youth Justice Board is aware that there has been a rise in juvenile remands
to custody and in custodial sentences. At
the end of January 2007 there were
2,853 under 18s in secure accommodation (Youth Offender Institutions 2,364,
Secure Training Centres
269 and Secure Children’s Homes 220. There were
2,643 males and 210 females in custody). The Youth Justice Board is working
with
sentencers to try to ensure that custodial sentences are only given when no
other sentence is appropriate and that courts in
all areas follow best
practice.
- The
UN Committee has previously recommended that children should be separated from
adults in detention. Since the UK entered a Reservation
against Article 37(c) of
the Convention in 1991, considerable progress has been made towards achieving
full separation of children
in custody from adults. The Ministry of Justice has
conducted a detailed review of the ability of the youth justice system in
England
and Wales to comply with Article 37(c). The review concluded that
custodial establishments in England and Wales are now meeting the
requirements
of Article 37(c). This represents an enormous advance on the position five
years ago. We will continue to monitor the
situation and will consider with
Scotland and Northern Ireland at what point it might be desirable to withdraw
the UK’s reservation
against Article 37(c). See Chapter I for further
information.
- In
Northern Ireland, the legislative changes (primarily the Criminal Justice
(Children)(Northern Ireland) Order (1998)) introduced
between 1996 and 1999
raised the threshold for custody, and resulted in a large reduction in the
number of children held in custody,
from 100 to fewer than 30, and for
shorter periods (from an average of 9 months in 1996 to a current average
of 4 months). Shorter
determinate sentences were introduced ranging from 6
months to 2 years with half of the custodial order to be served under
supervision
in the community. This sustained reduction in population facilitated
the closure by 2003 of the unsuitable accommodation at Lisnevin
and the
development of a single custodial establishment for Northern Ireland.
- In
Northern Ireland, only in very exceptional circumstances are children ever
accommodated with adults. Special provision has been
made (as recommended by the
Criminal Justice Review) for males under 18 years old committed to the Young
Offenders Centre at Hydebank
Wood to be kept apart from the older young people.
Further, courts are now be able to send vulnerable 17 year olds to Woodlands
Juvenile
Justice Centre in Bangor where younger children are accommodated.
Following a review of these arrangements, further changes to legislation
are
being considered to provide additional legal safeguards (provisions) to ensure
that the most vulnerable children are accommodated
appropriately.
- In
Scotland, offenders aged between 16 and 21 can be detained in a Young Offenders
Institution, but Section 207 of the Criminal Procedure
(Scotland) Act 1995
provides that a social enquiry report must be obtained before detention is
imposed and that detention is only
to be imposed where no other method of
dealing with the offender is appropriate.
- The
Scottish Executive has introduced a number of initiatives to help keep children
out of detention wherever possible. For example,
in 2005, Intensive Support and
Monitoring Services in 2005 was introduced as a direct alternative to secure
accommodation, and there
has been significant investment to increase the number
and improve the quality of community based support for children involved in
offending.
(f) Provision of advocacy for children deprived of their
liberty
- In
England and Wales, every child in custody has access to an independent advocacy
service. A programme to achieve this in Young Offender
Institutions was
completed in 2005. Prior to this, Secure Training Centres and Secure
Children’s Homes already had advocacy
arrangements. Advocates may be able to support the young person
in relation to complaints by the child or in relation to disciplinary
procedures
against the child. In addition, the Prisons and Probation Ombudsman, who is
independent of the Prison Service, has a duty
to investigate complaints from
people in Prison Service custody, including those under 18.
- Children
in custody in Northern Ireland have access to the Independent Representation
Scheme provided by the Northern Ireland Association
for the Care and
Resettlement of Offenders and there are plans to develop the service further to
strengthen a specific advocacy aspect
of the work. The Young Voices Project,
offered by the NGO Include Youth, provides children in custody with a further
opportunity
to express their views and concerns. All children in prison custody
have the right to complain to the Prisoner Ombudsman, who took
up post in May
2005, once the internal complaints resolution system is exhausted. In addition,
the Northern Ireland Prison Service
has appointed Opportunity Youth to act as
advocates for children in internal disciplinary
proceedings.
- In
Scotland, independent advocacy and a representation service is available to all
children in secure care. It is a needs led service
and children are able to
attend the regular visits by Who Cares? Scotland advocacy staff or to request
extra meetings. Evaluation
of the service is routinely collected through worker
recording sheets which allow feedback from both the children and secure care
staff that use the service. All prison establishments have in place local
authority social workers who prioritise the provision of
advice to vulnerable
children.
(g) Education, health and child protection for children
deprived of liberty
- All
children need to have a safe, secure and positive start in life. Currently,
around 150,000 children aged under 18 (70,000 of whom
are schoolage)
become involved with the youth justice system in England and Wales each
year and many more young people are classed
as ‘at risk’ of
offending within local communities.
- Reoffending
risks are high: 78.2% of young people sentenced to custody reoffend within one
year; for community sentences, this figure
is 70.3%. There is compelling
evidence that engagement in education and training is one of the most important
factors in reducing
both offending and reoffending, and that this group of
children need support and education to enable them to lead crime free
lives.
- Secure
establishments for children are required to provide a regime of purposeful
activity and education, with a particular emphasis
on safeguarding and child
protection. Initiatives for children in custody continue to be developed to
address offending behaviour
and minimise the risk of reoffending. The
acquisition of numeracy, literacy and vocational skills underpins this work.
Since the
juvenile estate was set up in April 2000, facilities and regimes for
the under 18s have been transformed. The Youth Justice Board
(YJB) has helped to
drive up standards, which has in part been achieved by placing a far stronger
emphasis on education and training,
cognitive behaviour programmes and the
development of social skills. The Youth Justice Board for England and
Wales continuously monitors the conditions in which young people under 18 are
detained in
custody. Custodial establishments are regularly inspected by
independent statutory bodies. Responsibility for the commissioning of
health
services to children in custody in public sector prison establishments in
England and Wales has now been transferred to Primary
Care Trusts/Local Health
Boards, which are responsible for ensuring that health services are delivered to
the same standard to children
in custodial establishments as in the community.
There is also an expectation that healthcare in private sector establishments is
delivered to NHS standards.
- Health
services in Secure Children’s Homes are commissioned by the providers of
these services. They work under contract to
the establishment, often from local
National Health Services in the community. The cost of these services is met by
the provider
and ultimately paid for by the Youth Justice Board, which sets out
in its contracts with service providers its requirements for the
level of health
services to be provided for children.
- Health
services in Secure Training Centres are, as for Secure Children’s Homes,
commissioned as part of the wider contract held
by the Youth Justice Board for
those centres and accommodated within the bed price. These services are
currently more commonly provided
by private health care providers.
- The
Children Act 2004 set out a new framework of law covering safeguarding
arrangements for all children, with those in custody being
specifically provided
for in the legislation. The Act places a responsibility to safeguard and promote
the welfare of children on
all managers of secure facilities; and governors or
directors of secure establishments are required to act as partners in the new
Local Safeguarding Children Boards.
- Children
in custody include some who are at risk of selfharm. Safeguarding them is an
enormously difficult task. The Youth Justice
Board has worked with the Prison
Service to develop a range of measures to safeguard children in custody. This
includes counselling
and specialist psychological support and Suicide
Prevention Coordinators in all establishments.
- In
such difficult circumstances there are still challenges to be addressed. Six
children have died while in custody since 2002 and
such tragic incidents are
painstakingly investigated: an independent and effective investigation, open to
an appropriate degree of
public scrutiny, is required under the European
Convention on Human Rights. The Government places great importance on
learning the lessons of any deaths in custody. After the death of Joseph Scholes
in 2002,
the Government commissioned an independent review of a number of
operational issues in the youth justice system. The report of the
review was
published in September 2006, together with the Government’s response. The
response detailed a wide range of measures
taken or being taken to strengthen
the processes of assessment and placement and to improve communication between
different parts
of the system. The Ministry of Justice is continuing to monitor
the implementation of those measures.
- Another
area of concern is the use of restraint. The Youth Justice Board’s code of
practice Managing Children and Young People’s Behaviour in the Secure
Estate (February 2006) makes it clear that restraint should only be
undertaken on the basis of a risk assessment that harm is likely to
occur if a
physical intervention is not employed. The Youth Justice Board has set up a
joint behaviour management / safeguarding
programme board with the prison
service which will consider a number of policy areas impacting on behaviour
management.
- All
staff in the Juvenile Justice Centre in Northern Ireland who work directly with
children complete full Therapeutic Crisis Intervention
(TCI) training to give
them the skills to deescalate volatile situations without resort to physical
restraint. These staff also receive
full initial and refresher training in the
use of Physical Control and Care (PCC) to facilitate safe restraint when this is
unavoidable.
In addition, Northern Ireland Prison Service staff are required to
undergo annual training in the ‘Use of Force, Control and
Restraint’
and in deescalation techniques. Other ‘non prison grades’ and
support workers receive annual training
in ‘Defensive Techniques’.
The Prison Service published a revised use of force policy in September
2006.
- The
Scottish Executive is committed to ensuring that all children who are detained,
either in secure accommodation or in a Young Offenders
Institution, are properly
protected and their rights protected. Detailed Care Standards published by the
Care Commission require
that children held in a secure setting have suitable
care, accommodation, access to education, health care and other services as
well
as a right to privacy. In some cases however, where there is a risk of self
harm, the right to privacy must be carefully balanced
with the right to life
when considering issues such as suicide. Family visits are actively encouraged
where appropriate, to maintain
a right to family life. Policies and procedures
in Scottish secure units are inspected against these care standards. The current
redevelopment of the Scottish secure estate will ensure that there is adequate
accommodation provision to allow children to be held
safely, but without
subjecting them to periods of solitary confinement away from the main
accommodation.
- All
prisoners in Scottish prisons, including under 18s, have suitable care,
accommodation, access to education (this is compulsory
for those under 16 and
voluntary for those aged 16 to 18), health care and other services as well
as a right to privacy. Young offenders’
circumstances are regularly
reviewed to ensure that child protection arrangements match those available
other children. The Scottish
Prison Service has a suicide prevention strategy,
Act 2 Care, that allows prisoners to be held in such conditions to prevent
selfharm.
Visits are essential to the prison regime and prisoners have a right
to family visits. Prison regimes and the application of the
Prison & Young
Offenders Institutions (Scotland) Rules 2006 are independently inspected by the
HM Chief Inspector of Prisons.
There is also an independent Visiting Committee
appointed by Scottish Ministers which reviews the application of the 2006 Rules
in
Young Offenders’ Institutions. All those in prison, including under
18s, have access to the Prisoners Complaints procedure,
which allows them to
raise any concerns about treatment whilst in prison.
- In
Northern Ireland, children in the Juvenile Justice Centre are encouraged to
improve their standards of education and achievement
and are provided with a
full range of education, training and development opportunities appropriate to
their age and ability. Class
groups primarily consist of three children and each
child is allocated a personal tutor to support their education. The Centre is
not required to deliver the National Curriculum but provides a broad range of
subjects aimed at meeting the particular needs and
interests of the young
people, the majority of whom have dropped out of formal education some years
beforehand.
(h) Status of 17 year olds for the purpose of remand
- The
consultation document ‘Youth Justice: the Next Steps’,
published by the Government in 2003 for England and Wales, reviewed the issue of
bringing the treatment of 17 year olds for bail
and remand purposes in line with
that for younger children. At present, 17 year olds are treated as adults for
court and police bail
and remand purposes and they do not benefit from the youth
court options and criteria. They are treated as children for sentencing
purposes. This is a complex area which the Government recognises is anomalous.
However, it has proved to be an extremely complicated
issue as it
is not possible simply to replicate the bail and remand system
that applies to under 17s. This is because the remand
system that is
in place for under 17s is interwoven with the placement of these young people
into local authority care, which is
not suitable as a placement option for most
17 year olds. This situation remains under review, with further potential
solutions being
considered.
- Section
53 of the Justice (Northern Ireland) Act 2002 extended the youth justice system
to 17 year olds. This provision was commenced
on 30 August 2005.
(i) Resources for the children’s hearings in
Scotland
- In
line with the 2002 Concluding Observations, the Scottish Executive is committed
to providing the resources that the Hearings System
needs to ensure it does the
best possible job to protect and support children. Since it was formed in 1996,
the budget of the Scottish
Children’s Reporter Administration has more
than doubled from £10m to £24m, although it should be noted that
in the
same period, the number of referrals to the Reporter has also more than
doubled from 46,497 referrals in 199697 to 97,607 in 200506.
Over the same
period, Executive spending on support and training for panel members has gone
from £300,000 to £2m per annum.
- In
addition, the Executive has significantly increased funding for youth justice to
help prevent and tackle offending behaviour. Funding
to specifically deal with
youth offending (£3.5m per annum) first came on stream in 200001. This has
steadily increased and
now stands at £63m per annum. This funding has
enabled the establishment of multiagency youth justice teams in every local
authority
area and a significant increase in the number and range of services to
support children who are offending or at risk of offending.
This includes a
number of innovative new approaches such as the SSP (school, social work,
police) model which has worked well in
Scandinavia and is now being trialled in
a number of Scottish local authorities.
B: National programmes update
Refugee children (art. 22)
- The
Government launched a new website in February 2006 to provide information,
guidance and examples of good practice to a wide range
of practitioners working
with refugee children in schools and other educational settings.
- The
Strategic Upgrade of National Refugee Integration Services (Sunrise) Project
aims to empower refugees and their dependants by
taking a caseworker approach to
managing the transition from asylum seeker to refugee. As well as assisting new
refugees and their
dependants in meeting initial critical needs such as housing,
this also focuses on ensuring that they are able to access services
in other
areas such as health, education, employment and training.
- The
Home Office’s ‘Refugee Challenge Fund’ has also provided
funding to projects that have promoted the welfare
and integration of refugee
children. For instance, in 200607 approximately £115,000 was provided to
projects where the main
or sole focus was children. As a result; ‘The
Childtime Trust’ provided counselling services to children;
‘Caras’ enabled refugee children to take a more active role in
their community through linking them with volunteer befrienders; and
‘Croydon Refugee Centre’ aimed to increase access to early
years education.
- In
Scotland, £2.65m has been provided to Glasgow City Council towards the
additional costs of providing education and social
work services to asylum
seeking and refugee children. In addition, a number of projects funded through
the Scottish Refugee Integration
Fund provide services and activities for asylum
seeking and refugee children, including a website hosted by Save the Children
which
provides information aimed at asylum seeking young people themselves as
well as advice for professionals about the interaction of
Scottish
children’s legislation and immigration law.
- In
Wales, as part of its Refugee Inclusion Strategy, the Assembly provides a grant
for Asylum Seeker Education (£2.4m) which
assists Local Education
Authorities to provide additional school places and support mechanisms for
asylum seeker pupils.
The administration Of juvenile justice (art. 40)
- Research,
carried out by the NGO Children’s Rights Alliance for England, found that
secondary analysis of surveys conducted
by the Youth Justice Board reveals
little change between 2001 and 2005 in the profile of children who get into
trouble most are
likely to be boys aged 1416 years. Since 2003 there has been a
gradual increase in violent offending especially in terms of hurting
someone
(though without the consequent need for medical treatment) and carrying a knife.
Children continue to cite boredom as the
main reason for offending.
- The
Government, through the YJB, has invested over £100million in prevention
since 199798. This funding has been for a range
of programmes, but much of
the spending has been on the Youth Inclusion Programme (YIP), established in
2000. Prevention of crime
is a big part of the government’s strategy to
tackle crime. YIPs target 8 to 17yearolds at high risk of involvement in
offending
or antisocial behaviour, identified by a variety of agencies including
police and local authority children’s services. They
operate in 110
of the most deprived, high crime estates in England and Wales and give children
somewhere safe to learn new skills,
take part in activities, get help with
education and receive careers guidance. An independent national evaluation of
the first three
years of YIPs found that arrest rates for the 50 children most
at risk of committing crime in each YIP had been reduced by 65%. Of
the rest of
the children who were at risk of offending and engaged with a YIP, only 26% were
subsequently arrested. Of those who
had offended previously, 73% were arrested
for fewer offences after engaging with in a YIP programme.
- However,
a key element of prevention is working with the police. The Safer School
Partnerships (SSPs) programme was launched in 2002.
Whilst data on the number of
SSPs is not collected centrally, there are thought to be at least 500 of one
form or another. SSPs are
a successful mechanism for ensuring
structured joint working between schools and police. They work with school staff
and local agencies
to reduce victimisation, criminality and antisocial behaviour
within the school and its community and they support vulnerable children
and
through periods of transition, such as the move from primary to secondary
school. A recent University of York evaluation showed
that SSPs are proving
effective in improving behaviour and attendance, with truancy falling
significantly and pupils feeling significantly
safer.
- Working
with parents and carers is vital to the youth justice system’s approach to
preventing child offending, because parents
play a vital role in helping to give
their children better chances in life. In 200506, Youth Offending Teams
facilitated parenting
interventions with over 11,000 young people, and a similar
figure is expected for 200607. Youth Offending Teams have been given an
extra
£9.5 million for the period 200608 to support their work with parents to
prevent offending and reoffending of young people.
With this funding, every YOT
is expected to reach the parents of at least 20% of the ‘at risk’
children they work with.
In 200708, this could be as many as 4,000 parents, an
important part of the drive by Youth Offending Teams to reduce the number of
first time entrants to the criminal justice system by 5% by March 2008.
- There
is no hard, scientific evidence specifically about the impact of parenting
orders. However, YJB research has found that most
parents value parenting
programmes whether or not they were subject to parenting orders. Anecdotally,
practitioners say parenting
orders are a useful tool which can compel
hardtoreach parents to engage in supervising their child and in undertaking a
parenting
programme; similarly, parenting contracts can help by giving structure
to an intervention. Research projects are underway or planned
which will include
the evaluation of parenting orders and parenting programmes. Most significant is
the Juvenile Cohort Study which
will allow investigation of the link between
different interventions including parenting orders, reconviction and associated
outcomes.
This part of the study will report in 200910.
- When
children do offend in England and Wales, where possible, they are dealt with
outside the formal court system, often through the
Reprimands and the Final
Warning scheme. During 2004, over half of all young offenders were dealt with
outside the formal court system.
In suitable cases, children aged 1617 can be
offered a Penalty Notice for Disorder. This means that the matter is dealt with
quickly,
the child is enabled to understand the consequences of their actions
but do not acquire a conviction and linked criminal record. The total
number of children (aged 1017) sentenced in 2005 was 96,200. 119,000 children
(1017) were given precourt reprimands or final
warnings of which 6,631 were 10
to 11 year olds.
- In
addition, the Government has greatly strengthened and expanded the range of
noncustodial sentencing options available to the courts.
These include referral
orders which are now the main intervention for young offenders who plead guilty
on their first court appearance.
Children are referred to a community led panel,
which negotiates a contract with them covering reparation and steps to tackle
their
offending behaviour. Other interventions include the action plan order, a
focused threemonth community sentence, and the reparation
order, a court order
which requires the young person to make specific reparation either to the
individual victim of the crime (where
the victim desires this) or to the
community.
- The
Youth Justice Board has also developed the Intensive Supervision and
Surveillance Programme (ISSP) to cater for serious and persistent
young
offenders who might otherwise be at risk of a custodial sentence. The programme
consists of highly structured, individual programmes
to tackle the causes of
offending behaviour and intensive surveillance, consisting of tracking,
electronic tagging, voice verification,
or intelligenceled policing.
- Further,
there has been pioneering use of restorative justice, community payback and
reparation in the Youth Justice System. In the
six months between October 2004
and March 2005 almost 10,000 victims of youth crime took part restorative
processes with youth offending
teams. 97% of those who participated
reported that they were satisfied with their involvement. During
200506, about 40,000 victims
were offered the opportunity to participate
in restorative justice and about half, 48% or 19,300, did so.
- The
Children’s Hearings System, which has the best interests of children at
its centre, is the primary forum for dealing with
offending behaviour by
children in Scotland. Before referral to the Hearings System is made,
consideration should be given to whether
a voluntary or diversionary
intervention would be an effective means of improving behaviour. When it is
considered appropriate, a
Children’s Hearing may impose compulsory
measures of supervision setting out what a child should do or refrain from
doing.
This may include a requirement on the child to take up and cooperate with
programmes and other support measures aimed at addressing
their needs and
behaviours.
- If
a child fails to comply with the terms of their supervision requirement they can
be referred back to a Children’s Hearing
for further consideration of
their circumstances and how to address them. A child cannot be referred to a
court for not complying
with their supervision requirement. From a zero base in
2000, around £63m was made available for youth justice in 200607, the
majority of which was spent on services and programmes for children who are
causing concern because of their offending behaviour
and associated social
education needs.
- The
Welsh Assembly Government published the All Wales Youth Offending Strategy in
July 2004, jointly with the Youth Justice Board
for England and Wales. It is a
key principle of the AllWales Strategy that young people should be treated as
children first and offenders
second, and this is explicitly linked to the
Convention.
- The
Police Service of Northern Ireland (PSNI) has, in recent years, developed a
specific Strategy for Children and Young People which
is based on the premise of
Diversion, Education and Consultation. The Youth Diversion Scheme (YDS) of the
PSNI was established in
September 2003, replacing the former Juvenile Liaison
Scheme to provide a framework within which the PSNI can respond to all children
who come into contact with police for a variety of reasons, including
nonoffending behaviour, risk of offending, antisocial behaviour,
or the
commission of an offence. The Citizenship and Safety Education Programme aims to
establish and reinforce positive and productive
contact between young people and
police through the school sectors. Within the context of engagement, four
Independent Advisory Groups
across Northern Ireland were developed in February
2007 with the aim of engaging and consulting with children on policing matters
which impact on their daily lives.
The sentencing of juveniles, in particular the prohibition
of capital punishment and imprisonment or placement in custodial settings
(art
37)
- The
death penalty is not used in the UK, for adults or children. On 27 January 1999
in Strasbourg, the Home Secretary officially signed
Protocol 6 of the European
Convention on Human Rights on behalf of the UK. This was ratified on 27 May
1999. The Protocol requires
signatories to abolish the death penalty and
requires that no person should be condemned to such a penalty or executed,
and is thus
in line with the UK’s longstanding law and practice
in this respect. The UK has also signed the Second Optional Protocol of
the
International Covenant on Civil and Political Rights in New York on 31 March
1999. This was ratified on 10 December 1999.
- For
certain very serious offences, children under 18 may be sentenced to detention
for life. For those who commit murder, there is
a mandatory sentence of
detention, which is an indeterminate sentence. There is also an indeterminate
sentence of detention for public
protection for dangerous young offenders who
commit serious offences.
Physical and psychological recovery and social reintegration
(art. 39)
- Support
for young offenders in England and Wales, following their departure from
custody, is vital to minimise the risk of reoffending.
The Youth Justice Board
for England and Wales published a Resettlement Framework for action in February
2006, setting out key resettlement
pathways, including health, education and
substance misuse services, which can reduce reoffending and promote effective
reintegration
into society. As part of this framework, an Accommodation Strategy
for young offenders ensures that they have suitable and sustainable
accommodation. The strategy seeks to bring an end to the use of unsupported bed
and breakfast accommodation for 16 and 17 year olds.
The provision of suitable
accommodation can mean a reduction of
20%[3] in reoffending and, in
many cases, will ensure that young offenders get access to the mainstream
services they require for proper
rehabilitation.
- In
England and Wales, various resettlement programmes help young people to get
settled after they leave custody. Resettlement and
Aftercare Provision is a
programme attached to youth offending teams. which works with young people with
substance misuse problems,
in custody and in the community. NACRO (National
Association for the Care and Resettlement of Offenders) operates Resettlement Plus, available to all offenders, both in
custody, leaving custody and in the community, as well as their families and
practitioners.
The service offers information and advice on a range of
resettlement issues, including housing, benefits, training and employment.
- RESET (Resettlement,
Education, Support, Employment and Training) is a project with over 50 partners,
including the YJB, that aims to improve
the resettlement process for young
offenders in England and Wales. Recent figures show that the Home Office is
continuing to cut
juvenile reoffending. The latest data available shows that
there was a 3.8% reduction in 2004 compared to 1997 and a 1.4% reduction
between
2000 and 2004.[4]
- The
Children’s Hearings System in Scotland focuses not only on the deeds of a
child, but on their needs. Children’s Hearings
make decisions which are in
the best interests of each child, taking their welfare needs into account at the
same time as addressing
their offending behaviour. This is a fundamental
principle which underpins Scotland’s system of youth justice and
facilitates
the physical and psychological recovery of children while making
sure their offending behaviour is addressed. Thus, most of the funding
currently
being made available to partners, £63m per annum, is contributing towards
the rehabilitation and integration of children
into society.
- In
Northern Ireland, the Justice (Northern Ireland) Act 2002 introduced a youth
conferencing model to the youth justice system in
Northern Ireland. It is based
on restorative justice principles and gives young offenders the opportunity to
understand the harm
caused by their offences, to take steps to avoid offending
in the future and make amends to their victims, family and community.
Referrals
to a youth conference can be either through the diversionary scheme operated by
the Public Prosecution Service or following
a finding of guilt in court.
Completion of the roll out of youth conferencing across Northern Ireland was
achieved in December 2006.
The Act also made community responsibility orders and
reparation orders available to the Youth Court. The community responsibility
order is a twopart order which requires the young person to first participate in
a programme of training in citizenship followed
by an appropriate constructive
activity for a designated numbers of hours while a reparation order requires the
young person to make
an act of reparation to the victim of their offence or to
society at large.
Economic exploitation including child labour (art.
32)
- The
UK Government believes that no child should be put in danger or exploited as a
result of any work that they do and there is legislation
in place to prevent
this across the UK’s constituent countries. However, opportunities for
children’s personal development,
secured through voluntary access to
legitimate employment experience should not be discouraged, while at the same
time a safe environment
and sensible limitations on types of work and on working
times is essential.
- The
Children and Young Persons Act 1933, as amended, and the Children and Young
Persons Act 1963, as amended, provide the principal
legislation which governs
child employment in England and Wales. In addition, each local authority may
introduce child employment
byelaws, which interpret for local application the
principal legislation. Children under statutory school leaving age may work for
a maximum of 12 hours per week during school term time, with a number of
additional restrictions on early morning, late evening and
weekend working.
- The
Children (Protection at Work) (Scotland) Regulations came into force in April
2006 bringing legislation in Scotland into line
with EU Directive 94/33 on the
protection of children at work. The regulations limit to 12 hours per week the
number that any child
below 16 can work during term time. This is a reduction
from the previous upper limits of 17 hours per week for those under 15 and
20
hours per week for those aged 15. In Northern Ireland, the corresponding
legislation is The Employment of Children (Amendment)
Regulations (Northern
Ireland) 2006.
Drug abuse (art. 33)
- The
UK Government and devolved administrations aim to reduce the number of young
people using drugs, to prevent the harms associated
with drug use and ensure
that all young people reach their full potential. In England, drugs policy has
been integrated in key children’s
policy developments, for example those
affecting looked after children, safeguarding and the Common Assessment
Framework. The strategic guidance, Every Child Matters: Young People and
Drugs was published in 2005. Joint targets and priorities on young
people and drugs have been agreed by Drug Action Teams and Directors of
Children’s
Services in 80% of local authority areas in England.
- The
Government continues to invest in drugs advice, information and early
intervention for children through the Young People Substance
Misuse Partnership
Grant (YPSMPG). The grant brings together funding from a number of government
departments and agencies. The value
of the YPSMPG is £55 million in 200708.
FRANK is the name of the Government’s drug awareness and advice campaign
for children
and parents. The FRANK Helpline has received more than 1.6 million
calls, 16.7 million visits were made to the talktofrank.com website,
and more
than 83,000 emails were sent to and replied to between May 2003 and December
2006.
- Drug
education in England is included in the National Healthy Schools programme which
now covers 89% of schools and is on track for
100% coverage by December 2009,
with 75% achieving National Healthy School status by the same date. Ofsted (the
school inspectorate)
reports that the quality of drug education has improved
continuously since 1997. The DCSF issued Drugs: Guidance to Schools to
all schools in England in March 2004. The guidance, which sets out the statutory
position of drug education in schools, outlines
how schools can develop and
implement programmes of drug education and to deal effectively and consistently
with drugrelated incidents.
Children were involved in the development of this
guidance. The PSHE (Personal Social and Health Education) Certificate supports
effective drug education.
- The
Welsh Assembly Government is currently developing a Substance Misuse Treatment
Framework for Children and Young People. The framework
addresses the key
components of a comprehensive response to the threats posed by a variety of
substances. These components are: universal
early education programmes; targeted
programmes that enable children to take part in discussions among themselves and
with wellinformed
adults; preventative interventions to improve the potential
that exists to prevent children moving from use to misuse of substances;
and
specific substance misuse prevention programmes.
- The
British Crime Survey (BCS) (for England and Wales) shows that the reported use
of cannabis in the past year among 1624 year olds
has decreased by 24% from 1998
to 2005/06. In the same period the BCS reports a 67% fall in the use of
amphetamines, a 71% fall in
the use of LSD and a 64% fall in the use of glues.
Over 21,000 under 18s in England accessed specialist substance misuse treatment
April 2006March 2007 (National Drug Treatment Monitoring System).
- In
Scotland, drugs education is part of the Health Education 514 National
Guidelines (2000) it covers the issues of controlled drugs,
safe use of
medicines, alcohol, tobacco and solvents. These guidelines provide a framework
for health education within a comprehensive
programme of personal and social
education. The Scottish curriculum is currently being reviewed as part of a
Curriculum for Excellence
and learning and outcomes experiences are being
developed for health and wellbeing which will include drugs/alcohol and tobacco
education.
Guidelines for the Management of Incidents of Drug Misuse (2000)
provide schools with guidance on drug related incidents within the
school
premises or grounds. There has been a significant change in reported drug use
since information was first collected in 1998.
Between 2004 and 2006, prevalence
of drug use in the last month among 15 year olds dropped from 21% to 14%.
Although this figure
has continued to drop, it is too early to tell whether this
is a shortterm change or the start of a trend. There was a small decline
among
13 year olds of 3%, from 7% to 4%. There was no significant difference
between boys and girls reported drug use.
- In
Northern Ireland, proposed key priorities for the new strategic direction for
alcohol and drugs will include developing treatment
and support services for
young people under the age of 18 in respect of alcohol and drugs; a
particular focus on the needs of children
deemed vulnerable and/or at risk;
addressing underage drinking; and ensuring education and prevention work follows
models and principles
of good practice. The revised curriculum includes Personal
Development, which will help young people develop the skills and knowledge
to
deal with issues such as drugs, for example by exploring the effects and
consequences of drugs misuse and developing their self
esteem, health and
wellbeing. Schools have a statutory duty to have a drugs policy and to publish
details of it in their prospectus.
The Department of Education issued guidance
in May 2004 to all schools on drawing up a drugs policy and drug education
programme
and on managing suspected drugrelated incidents.
Sexual exploitation and sexual abuse (art. 34) and other
forms of exploitation (art. 36)
- The
Government has strengthened measures, in England and Wales, to safeguard
children and young people against the effects of child
pornography. The Criminal
Justice and Court Services Act 2000 Act increased the maximum sentence from 6
months to 5 years imprisonment
for possession of child pornography and from 3
years to 10 years for production and distribution. The Sexual Offences Act 2003
extended
existing prohibitions on the production, circulation and possession of
any indecent photograph of a child under 16 to include images
of children aged
16 and 17. This Act also established a range of new offences relating to
unlawful sexual activity with children,
including the offence of
‘grooming’.
- Significant
changes have been made to the law in Northern Ireland through the extension of a
number of offences in the Sexual Offences
Act (2003) aimed at protecting
children. The body of sexual offences law is currently being reviewed and it is
proposed to have new legislation
in place during 2007. The aim is to ensure a
modern, effective and comprehensive body of law commensurate with contemporary
society
and behaviour, and which offers the highest standards of protection for
everyone, but particularly for children and other vulnerable
groups.
- In
2001, the Government established the Task Force on Child Protection on the
Internet to bring together Government, law enforcement,
children’s
agencies and the internet industry to work to ensure that children can use the
internet in safety. The Taskforce
is currently working on a number of projects,
including the production of best practice guidance on safety in Social
Networking Groups
to help tackle misuse of these sites by individuals seeking to
exploit or harm children. The Government also commissioned from the
NGO NSPCC a
basic awareness training programme on the safeguarding implications of
Information and Communication Technology for practitioners
working with children
or with adult offenders in the prison and probation services and in social care
services.
- The
Government set up the Child Exploitation and Online Protection Centre (CEOP)
in 2006. The Centre provides a single point of contact
for the public, law
enforcers, and the communications industry to report the targeting of children
online and has a total annual
budget of £5.11m per annum (2006 figures).
CEOP also carries out proactive investigations and works with police forces
around
the world to protect children.
- The
Virtual Global Taskforce (VGT) was created in 2003 as a direct response to
lessons learned from investigations into online child
abuse around the world.
The VGT comprises the UK CEOP, the Australian
High Tech Crime Centre, the Royal
Canadian Mounted Police, the US Department
of Homeland Security and Interpol.
The VGT delivers innovative crime prevention and crime reduction initiatives to
prevent and deter individuals from committing online
child abuse.
- Further
information on safeguarding the welfare of children can be found in Chapter
V.
Sale, trafficking and abduction (art. 35)
- On
the 23 March, 2007 the United Kingdom became a signatory to the Council of
Europe Convention on Action against Trafficking in Human
Beings. The Convention
will build on our strategy to combat human trafficking by providing minimum
standards of protection and support
for victims. It will also provide a platform
upon which the UK Action Plan on Tackling Human Trafficking, which we also
published
on the 23 March 2007, can build.
- The
Action Plan pulls together all the work that is currently underway across
Government to tackle human trafficking and sets out
future plans to do so. The
Plan was developed following an extensive consultation exercise which started in
January 2006. The Plan
applies to all forms of human trafficking, including
trafficking for forced labour and child trafficking. It sets out proposals for
action in the four key areas of prevention, enforcement and prosecution,
protection and assistance to adult victims and child trafficking.
- The
new edition of Working Together to Safeguard Children, published in April
2006, makes clear that safeguarding children in England who may have been
trafficked is within the scope of LSCBs
and their work. The Home Office is
also working with the Department for Children, Schools and Families to provide
best practice guidance
to professionals and volunteers from all agencies in
England for safeguarding children who are abused and exploited by traffickers.
It is planned to issue this Supplementary Guidance to Working Together to
Safeguard Children in September 2007. The Scottish Executive is
considering similar guidance for Child Protection Committees in Scotland.
- A
Child Trafficking Telephone Helpline Advice Service is being established to
provide information and advice to social workers, police
and immigration
officers who may come into contact with children they believe to be the victims
of trafficking or who are being exploited
in some other way. It is intended that
the service will be in place and operational by October 2007. The Government is
providing
a grant to ECPAT (UK) (End Child Prostitution And Trafficking), a
specialist international voluntary organisation, enabling it to
expand its
training provision for staff who may need to identify and safeguard trafficked
children. Specially trained multiagency
teams of immigration officers, police,
and social workers trained in child protection are being established at three
major ports
and both asylum screening units.
- The
Chair of the Child Exploitation and Online Protection (CEOP) centre and the
Association of Chief Police Officers wrote to all
Chief Constables in March 2007
alerting them to the possibility that when their officers were raiding cannabis
farms they may well
encounter children, who had been trafficked in order to tend
the plants and who may well have been there under duress. This was supported
by
similar guidance issued by the Crown Prosecution Service.
- The
Sexual Offences Act 2003 introduced offences covering trafficking into, out of
or within the UK, for any form of sexual offence.
These carry a 14 year maximum
penalty. The equivalent Scottish provisions are contained at Section 22 of the
Criminal Justice (Scotland)
Act 2003. At least 12 defendants who have been
charged in 3 separate cases that involved female victims between the ages of 15
and
18 since the introduction of the Act. Of these 10 were convicted and
received lengthy sentences.[5]
An offence of ‘trafficking for exploitation’, which covers nonsexual
exploitation, such as forced labour and the removal
of organs, was included in
the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
- The
law enforcement response to human trafficking has until recently been
coordinated by Reflex, a multiagency taskforce on organised
immigration crime,
established in 2000. Since the publication of the UK Consultation of responses
to proposals for an Action Plan
on Tackling Human Trafficking in January 2006,
coordination of enforcement work has moved on. Firstly, the Serious Organised
Crime
Agency (SOCA) was established in April 2006, with a renewed focus on
improving intelligence and targeting those organised crime groups
causing the
most harm. The Child Exploitation Online Protection Centre (CEOP), affiliated to
SOCA, also established in April 2006,
focuses on combating the sexual
exploitation of children. As a direct result of the consultation process, a new
UK Human Trafficking
Centre (UKHTC) was established in October 2006, which acts
as the central point for the development of police expertise and operational
coordination. One of the objectives of the Centre is to establish a more
victimcentred approach to dealing with human trafficking.
It is initiating joint
working with other agencies, stakeholder organisations and NGOs, to develop and
implement training and protocols
relating to the accurate identification of
trafficking victims and management of trafficking investigations; appropriate
victim support
networks, linked to similar international initiatives, including
provision for victims returning to their country of origin.
- Building
on the success of Operations Pentameter, the UKHTC is helping to coordinate a
second national and international antitrafficking
operation later this year.
This operation will seek to rescue victims of trafficking forced into the
offstreet sex industry. The
operation last year rescued 84 women, 12 of whom
were minors.
- CEOP
published an initial intelligence gathering report on child trafficking,
commissioned by the Home Office on 11 June 2007. The
recommendations in relation
to the identification and safeguarding of child victims of trafficking are being
taken forward in the
UK Action Plan to Tackling Human Trafficking. On behalf of
SOCA, CEOP will produce an annual Strategic Threat Assessment into the
nature
and scale of Child Trafficking into and within the UK.
- In
addition, Airline Liaison Officers (ALOs) are Immigration Officers trained to
work with airlines in over 30 countries to raise
airlines’ awareness of
the potential vulnerability of children travelling into the UK. All newly
appointed ALOs will receive
additional training before taking up their
appointment abroad, and additional advice provided to all existing
ALOs.
Children belonging to a minority or indigenous group (art.
30)
- In
Wales, the Welsh Assembly Government is committed to making Wales a bilingual
nation. Iaith Pawb, the National Action Plan for a Bilingual Wales, was
published in 2003, and sets targets for 2011 to bring about increased use and
visibility of the Welsh language in all aspects of everyday life, including
education, leisure and cultural activities.
- Other
information on work to prevent discrimination and provide equality of
opportunity to children from minority groups is contained
in chapter III.
- The
St Andrews Agreement (October 2006) stated that government would introduce an
Irish Language Act reflecting on the experience
of Wales and Ireland and to work
with the Executive to enhance and protect the development of the Irish language.
The Northern Ireland
(St Andrews Agreement) Act 2006 places a duty on the
Executive to adopt a strategy setting out how it proposes (1) to enhance and
protect the development of the Irish language, and (2) to enhance and develop
the Ulster Scots language, heritage & culture.
- A
consultation paper on possible approaches to proposed Irish language legislation
was launched on 13 December 2006. On 13 March 2007,
the Department of Culture,
Arts and Leisure (DCAL) published a further paper seeking views on indicative
draft clauses. The deadline
for responses was 5 June 2007. The current
consultation received in the region of 11,000 individual written
submissions which are
currently being analysed.
- Government
has been working with the UlsterScots Agency to produce proposals for projects
and initiatives that would give effect to
the commitment to develop UlsterScots
language, heritage and culture.
- Inclusion
and Equality is one of the National Priorities in Education, aiming to
promote equality and help every pupil benefit from education, with particular
regard paid to pupils with disabilities
and additional support needs and to
Gaelic and other lesser used languages. The Gaelic Language (Scotland) Act 2005
requires Bòrd
na Gàidhlig, the Gaelic Development Agency, to
advise on matters relating to the Gaelic language, culture and education and
to
develop a National Gaelic Language Plan setting out strategies and priorities
for the future development of the Gaelic language,
culture and education. The
Executive makes available specific funding for Gaelicmedium education where
there are sufficient numbers
of children whose parents request it. In 200506,
2,068 children attended Gaelicmedium units in 61 primary schools. There were
1,296
secondary pupils learning Gaelic and 36 secondary schools offering Gaelic
for fluent speakers.
Children living or working on the street
- The
protection provided by the Children Act 2004 and homelessness legislation means
that there are very few children in England who
sleep rough. Between 1998 and
2001, the number of rough sleepers aged over 16 was reduced from 1,850 to fewer
than 600 (a reduction
of 73%). Children on the street aged under 16 may be
classed as runaways or missing, though in many cases they are not reported as
either. This makes a simple ‘count’ unreliable, although street
counts by local authorities and their partners do provide
a useful local
snapshot for measuring changes in numbers and trends over time. Currently,
children’s services can and do place
runaway children of whom they are
aware in children’s homes, emergency foster homes and other emergency care
arrangements.
Every Child Matters, described in chapter I of this report,
works to address the multiple needs of these young people, that caused them run
away in the
first place, and Targeted Youth Support arrangements are designed to
identify and address these needs through early identification
of needs and
provision of a personalised package of support coordinated by a Lead
Professional.
- The
Rough Sleepers Initiative has been in operation in Scotland since 1999. Local
authorities receive funding to assess and provide
for the accommodation and
support needs of people sleeping rough or at risk of having to sleep rough. The
Executive is not aware
that families with young children are living on the
street in Scotland. Some teenagers may sleep rough. Where this occurs, children
can be assisted by projects funded by the Rough Sleepers Initiative but local
authorities will also have a duty to provide for them
under the Children
(Scotland) Act 1995 and the Housing (Scotland) Act 1987, as amended.
- The
Scottish Executive has also provided funding support for a refuge for young
runaways based in Glasgow. The refuge accommodates
around 100 children each
year, mainly aged 1215. While it is primarily for children from the Glasgow and
nearby areas, runaways who
arrive in the city from elsewhere can also access the
refuge. The Executive has funded a scoping study, due to report shortly to
assess the scale of the problem of young runaways in Scotland. A national
working group is also being established shortly to develop
a national strategy
for young runaways and to assess whether existing guidance Vulnerable Children
and Young People needs to be updated.
- In
Northern Ireland, crossdepartmental, crosssectoral Working Group was set up to
consider homelessness (including youth homelessness)
in the context of Promoting
Social Inclusion. The Working Group published a draft report Promoting the
Social Inclusion of Homeless People: Addressing the Causes and Effects of
Homelessness in Northern Ireland for consultation. Action Plans have been
prepared and the Department of Social Development is finalising a strategy
document for
publication in summer 2007.
CRC/C/Add.188 para.
64
The Committee encourages the State party to ratify the Optional Protocols
to the Convention on the sale of children, child prostitution
and child
pornography, and on the involvement of children in armed conflict, as
recommended above.
- The
Optional Protocol on the involvement of children in armed conflict is addressed
above.
- Since
signing the Optional Protocol on the sale of children in September 2000, child
prostitution and child pornography, the Government
has strengthened the law,
developed a range of practical measures to assist law enforcement agencies,
children’s services and
other organisations, and strengthened mechanisms
for international cooperation.
- The
necessary legislative steps to ensure compliance have been achieved primarily by
the Adoption and Children Act 2002, the Sexual
Offences Act 2003, the Criminal
Justice (Scotland) Act 2003 and the Protection of Children and Prevention of
Sexual Offences (Scotland)
Act 2005. The majority of practical measures set out
in the Optional Protocol have been implemented.
- An
assessment of the extent to which the UK is compliant with the provisions of the
Optional Protocol is currently being undertaken,
following which the steps to
enable ratification to take place with be identified. A timetable for
ratification can then be set.
D: Factors and difficulties
- We
are committed to driving down the number of young people who start to offend and
to reducing reoffending, promoting the reintegration
of young offenders into
society. The most significant future challenges are in the area of custody. The
under18 custodial population
is currently at a relatively high level. The
Government and the Youth Justice Board are committed to working to reduce
it. This is not an easy matter. As a proportion of all young
people who admit or
are found guilty of offending, the percentage sentenced to custody has fallen
significantly since the start of
the decade, from 4 per cent to under 3 per
cent. There is already a strict legal requirement that a custodial sentence may
only be
given where no other sentence would be appropriate. Courts must retain
discretion to decide in each individual case what the appropriate
sentence is.
We believe, however, that greater consistency of sentencing practice across the
various regions of England and Wales
would significantly affect the numbers
going to custody. The Government and the Youth Justice Board will be working to
ensure that
full information is available to sentencers; and that best practice
in sentencing is promoted and applied. We will be working with
the Sentencing
Guidelines Council and others to achieve this.
- Managing
the behaviour of young people in custody is never an easy matter. Because of the
multiple problems many of them have experienced
family breakdown, mental heath
problems, low educational attainment, alcohol and drug abuse they find it
difficult to accept normal
social restraints. Their behaviour is frequently
challenging and sometimes dangerous. The Youth Justice Board will continue to
work
with establishments to minimise use of physical restraint and to ensure
that where it is unavoidable, it is applied as safely as
possible.
- For
similar reasons, looking after and safeguarding young people in custody is also
far from easy. A significant number were already
at high risk of selfharm while
they were living in the community. Tragically, there have been occasions when a
young person has died
while in custody. The Youth Justice Board has done much to
learn the lessons from these tragic deaths. Those lessons include better
assessment of young people to identify those who may be particularly vulnerable;
better communication of such information between
the different parts of the
youth justice system; and the high priority now given to safeguarding so that
every establishment now
has a child protection coordinator and an independent
advocacy service, for example. Since 2005, new social worker posts have been
created in young offender institutions specifically to ensure that local
authorities’ safeguarding duties under the Children
Act 1989 are properly
carried out. They will continue to develop measures to improve safeguarding and
to reduce risk as far as possible.
- The
government recognises that there is more to do to improve education for
young people supervised by the youth justice system. We
are reviewing education
for young people in custody to consider how best to improve access to
appropriate education and to raise
the quality of teaching and learning in line
with mainstream education improvements in the community. Ensuring appropriate
support
and reintegration for young people as they leave custody and reenter the
community is a particular challenge. Government is committed
to publishing
forward plans to improve education for young people in the youth justice system
by the end of 2007.
UNITED KINGDOM OVERSEAS TERRITORIES
AND CROWN
DEPENDENCIES
SUMMARY REPORTS
Page
Introduction 164
Anguilla 165
Bermuda 172
British Virgin Islands 183
Cayman Islands 189
Falkland Islands 201
Montserrat 212
Pitcairn Islands 218
St Helena and its dependencies 223
St Helena 223
Ascension Island 229
Tristan Da Cunha 235
Turks and Caicos Islands 238
Isle of Man 247
Introduction
1. This section of the UK Government’s report
sets out the progress made in the UK’s Overseas Territories and Crown
Dependencies
in implementing the Convention since 1999.
2. Britain’s 14 Overseas Territories, spread throughout the globe, are
diverse communities. From 1998, what were once known
as British Dependent
Territories became British Overseas Territories. Their inhabitants have full
British citizenship and residence
within the UK.
3. Each Overseas Territory is under the sovereignty of the UK, though not an
actual part of it, and most are selfgoverning. In addition,
the Isle of Man
Crown Dependency is covered by this section of the report. The UK Government has
responsibility for defence and international
representation for the Isle of Man,
which is otherwise selfgoverning.
4. The information in this section of the UK Government’s report is a
summary of that provided by each of the Overseas Territories
and Crown
Dependencies, the full text of which is supplied in an annex to the main
report.
ANGUILLA
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. While no specific
legislation to give effect to the provisions on the Convention has been
enacted in Anguilla, provision to safeguard
the rights of children is made under
existing legislation. It is noted however, that the current OECS Law Reform
Project includes
legislation to provide for matters dealt with in
the Convention. These include:
- Juvenile Justice
Bill;
- Status of
Children Bill;
- Adoption
Bill;
- Child Care &
Protection Bill;
- Domestic
Violence Bill.
2. With reference to the list of Issues emanating
from the previous report, the reservation regarding Article 37(d) and 32 of the
Convention can soon be removed. The Government of Anguilla is currently
developing a Juvenile Centre which should be operational
in 2007. The Juvenile
Centre will house 1217 year olds who have been given custodial
sentences. In addition Juveniles on bail and/or
awaiting court appearances
or sentencing may be housed in the facility.
3. The Child Abduction Act which was recently passed by the House of
Assembly has created the environment for the implementation of
two International
Conventions relating to the civil aspects of International Child Abduction and
to the Recognition and enforcement
of foreign custody decisions.
4. The Attorney General’s Chambers has taken the lead in establishing a
Family Law Reform Committee to adopt and harmonize relevant
legislation proposed
by the Organization of the Eastern Caribbean States. In addition the
Ministry of Social Development has established
a Child Protection Steering
Committee with the mandate to develop an Action Plan with a view to ensuring
that Anguilla is in full
compliance with all the articles of the Convention.
5. The Department of Social Development is the government department with
primary responsibility for providing services for families
and children. In 2006
$2,271,198 EC were allocated to this Department an increase from $1,103,807 in
2004 and $1,681,832 in 2005.
Anguilla also received DFID funding for a project
to strengthen the capacity of the Department of Social Development.
6. In 2004 the Government of Anguilla established the Department of Sports,
Youth and Culture. The Department is also responsible
for serving
Anguilla’s children through the promotion of cultural development,
recreational activities and youth development.
The Department commenced
operation with a budget of $241,532 EC in 2004 which has been increased to
$1,274,844 in 2006.
7. Anguilla is committed to ensuring that there is cooperation with civil
society in the preparation of this report and in the implementation
of the
Convention. A recent workshop on Convention reporting was attended by a wide
cross section of civil society including Government
departments, NGO’s and
members of the media who also provided coverage of the event.
CHAPTER II: DEFINITION OF THE CHILD
8. The position remains as stated in the last
report save that:
- The minimum age
of criminal responsibility is now 10 years. It is also noted that a child over
10 years and under 14 years will not
be held criminally responsible unless
he/she had the capacity to know that he/she ought not to have done the act or
make the omission
complained of;
- While the
standard age for marriage remains at 18 years, a person under the age of 18
years of age can enter matrimony with the consent
of the requisite
persons.
CHAPTER III: GENERAL PRINCIPLES
9. Since the last Report the principal laws
affecting children are still in effect but their names have been changed.
Judicial corporal
punishment has been abolished in Anguilla.
10. In addition to the provisions of the Employment of Women Young Persons
and Children Act, RSA, c E55, which prohibits the employment
of young persons
(i.e. 15 to 17 years) and children (i.e. under 14 years) in industrial
undertakings or at nights, the employment
of children under 14 years is also
prohibited by the Employment of Children (Restriction) Act, RSA, c E50. The
Education Act, RSA
c E25 also prohibits the employment of children of compulsory
school age (i.e. 5 to 17 years) during the school year and children
under 14
years, at all times.
11. With regards to the maintenance of children the Maintenance
Orders (Collection) Act allows the court to make orders for the attachment
of earnings to enforce a Maintenance Order.
12. In keeping with Article 3 of the Convention, a comprehensive set of
standards along with Procedural Manuals were developed for
Foster Care,
Child Protection and Adoption by the NCH regional child welfare agency for
implementation in Anguilla. The Department
of Social Development is charged with
the implementation and enforcement of these standards.
13. Article 12 highlights the need for children to have the opportunity to
express their views. The Student Council at the Albena
Lake Hodge Comprehensive
School and the National Youth Council are two bodies where views are expressed.
Representatives from the
Youth Council also have input into governmental plans
and policies affecting children and youth. In addition, there is also a number
of radio and TV programmes produced and broadcast for and by young people.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
Name and identity
14. The Registration of
Births, Deaths and Marriages Act, RSA provides that notice of the birth of the
child must be submitted to
the Registrar General within 30 days of the
birth of the child regardless of whether the birth is live or still. In practice
the
hospital forwards the notice of birth to the registry of
births. Usually a child’s parents attend at the registry of births
to
register the birth of their child. If the parents are unmarried the father
of the child who wishes to be acknowledged submits
an affidavit with his
particulars and his name is entered in the register. Currently, the percentage
of births being registered is
approximately 91%.
15. Section 80 (2) of the Anguilla Constitution also gives persons who meet
the requirements stated in that section a status referred to as
“Belonger” which gives that
person all the rights of a British
Overseas Territories Citizen (BOTC) (Anguilla) in Anguilla save and except the
right to hold a
BOTC Passport.
Freedom of thought, conscience and religion
16. There has been no change to the position as
outlined in the last report, However it is pointed out that when children are
brought
before the Magistrate’s Court as children in need of care and
protection under section 4 of the Juvenile Act, RSA, c.J20, the
Magistrate often
speaks with the children in Chambers or in camera in an attempt to
ascertain the children’s version of the
experience they have had at home
which led to an application being made to the Court by the Department of Social
Development, as
well as the children’s feelings about being possibly
removed from their home and placed in foster care.
Access to appropriate information
17. The Department of Social Development continues
to play a vital role in ensuring that children have their basic needs met
through
the process of law reform and also ensure that both parents have the
responsibility for the upbringing and development of the child.
18. Anguilla has a fast growing Spanish speaking population. The mandates of
this article are not being fully met in relation to these
children. When dealing
with the Spanish speaking clientele at the Department of Social Development, a
translator is employed. Consideration
is currently being given at the
Departmental level to making printed material available to the public
both in English and in Spanish.
Right not to be subject to torture
19. The legal position remains basically as stated
in the last report. However, although a minor is a person under the age of 18
years,
if a minor age 16 years or over is charged with an offence, that minor is
tried as an adult and is basically treated as an adult
in the criminal justice
system. Additionally under the Juvenile Act, RSA, c.J120 if a minor under
16 years jointly commits an offence
with an adult, that minor is also tried as
an adult. Section 15 of the same Act provides that a minor under 16 years
charged with
an indictable offence is tried in an adult court. There
are no facilities to cater for children who come into conflict with the Law
in
Anguilla.
There is no legislation that speaks to the duties or role of key agencies to
assist children in these circumstances. The Government
is currently developing a
Juvenile Detention Centre which will house youth between the ages of 12 and
17.
20. Presently child offenders are housed in Police detention cells to await
bail or to await remand to prison. At present, there is
one over crowded prison
in Anguilla. The cells that are used to detain adults are also used to detain
children. Children are kept
in the same detention centre where they can interact
with adult prisoners. Neither the police detention cells nor the prison is
appropriate
for children as the present conditions of both facilities have no
direct means of separating children from adult offenders who may
also be
awaiting bail or remand. At present there are eight children (including 2
juveniles) in prison 2 convicted, 5 awaiting trial
and 1mentally ill
patient. During the day there are procedures in place to try as much as
possible to keep the children away from
the adult prison population by having
them engaged in various activities and taking them to a different section of the
prison.
21. Currently, there is no legal aid system in Anguilla. Children often
appear before the court unrepresented by counsel. Presently,
there is a
draft Legal Aid Bill which when enacted, will make this service available to
children charged with specified offences.
22. As regards the issue of corporal punishment, section 74 of the Education
Act, RSA c E25 provides that degrading and injurious
punishment shall not be
administered in schools. It goes on to provide that corporal punishment may
be administered by the Principal,
or a teacher appointed by the Principal
for that purpose, in conformity with guidelines issued by the Chief Education
Officer.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
23. The recent Child Abduction and Custody Act
brings into force the Hague Convention on the civil aspects of the International
Child
Abduction and the European Convention on Recognition and Enforcement
of Decisions Concerning Custody of Children.
24. The Department of Social Development has embarked on several initiatives
to ensure a safe environment for children. This department
receives and
investigates all cases of alleged child abuse. In cases where parents
are deemed to be unfit or abusive, children are
placed in Foster Care. A
recent review of the entire foster care system has been
undertaken. The aim of this review is to ascertain
the effectiveness of the
foster care system. The integration of the child into his/her birth family is an
essential aspect of this
initiative. At the end of 2005 there were 16 children
in the custody of 12 foster carers.
25. In an effort to assist economically disadvantaged families and
children, the Department of Social Development administers a public
assistance
scheme whereby needy families receive a monthly subvention. Single parent female
headed households make up the majority
of those persons receiving public
assistance.
26. Legislative provision is made for parents in marital unions and divorcees
equally to share in raising their children. While there
may be court
mandated child maintenance, there is no court mandated visitation
right for unmarried fathers.
27. Previously, there were no restrictions on immigrants coming to Anguilla
to work, bringing their children with them. Because of
the high level of
economic activity the need for imported labour has grown. The social
infrastructure can no longer effectively cope
with the increased social burden
and as a consequence, restrictions have to be imposed on workers bringing their
families with them.
28. Domestic violence continues to be a problem in Anguilla. The Department
of Social Development has been working with the Family
Hope Network, a local NGO
to prevent domestic violence and combat its negative effects.
CHAPTER VI: BASIC HEALTH AND WELFARE
29. Each of Anguilla’s health districts has a
health centre which provides primary health care within defined
boundaries. Health
clinics are staffed with a public health nurse, nurse
midwives, community health aides, and clinic aides who provide basic core
services,
including maternal and child health, family planning, immunization,
nutrition advice, care of the elderly, management of chronic
diseases, and
health education. Secondary Health Care is delivered at the hospital, which is a
36bed facility. Anguilla offers no
tertiary level care but has established
linkages to other facilities regionally and internationally to provide these
services.
30. The Health Authority of Anguilla through the Ministry of Health offers
several free services that benefit children. Free prenatal
care is offered to
all pregnant women. All children are immunised free of charge and are
provided with regular health assessments
and dental care all free of
charge. In an effort to further increase access to health services, the
Government of Anguilla plans
to introduce a national health fund beginning in
2007 which will provide a basis package to health services to legal residents of
Anguilla.
31. Two Health educators deliver education programmes that focus on health
promotion and wellness and emphasise behaviour modification
and lifestyle
changes. Interventions target primary and secondary school children, young
adults and community groups. The Health
Promotion Unit also provides young
people with information on sexual and reproductive health as does the Anguilla
Family Planning
Association.
32. The National AIDS Programme does extensive outreach to young people as
part of its activities under its national strategic plan.
The programme has
sponsored numerous youth meetings, conferences, and workshops aimed at engaging
youth around HIV issues. Since
1988 there have been 30 documented cases of
HIV infection. Currently there are no persons under the age of 20 years who
have been
confirmed infected. Anguilla has a comprehensive Prevention of
Mother to Child Transmission Policy which is currently being
implemented.
33. Nearly 100% of families living in Anguilla have access to clean water
although not all households have piped water. Child Health
Clinics are available
at all five health centres. Services include monitoring growth and development
as well as the nutritional status
of children under 5 years of age. 100%
immunization coverage was achieved for the target population of children 011
months.
34. During 20002003 there were no deaths in the 59 age group. There is
an effective and successful School Immunisation Programme.
The School Health
Service also provides physical examinations, dental, hearing and vision
screening for children 59 years of age.
Family Planning Services are
available to adolescents with parental permission and Family Life Education is
available in the schools.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
35. Primary and secondary education is universal
and compulsory. There are eight primary schools (six government and two private)
and one government secondary school on the island. The secondary school is
comprehensive and provides free education for all students
up to 17 years.
There are 97 secondary level teachers and 71 primary. There are 1439 primary
pupils and 1115 secondary.
36. In keeping with the policy of providing equal access to educational
opportunity, a range of provision is made for students with
special educational
needs. This includes early intervention in Literacy through Reading Recovery and
Remedial Reading and Multi Professional
Support.
37. Teenage mothers are able to complete their education and are not
discriminated against in gaining access to education. A few of
them however
choose not to return to school.
38. At present there are limited facilities for the provision of higher
education in Anguilla. Many students continue to go to the
University of the
West Indies, England, North America and Canada. The Anguilla Government has
increased its scholarship scheme to
enable more students to receive financial
assistance. In collaboration with the University of the West Indies, a
Certificate in Education
Course is offered locally for teachers of both primary
and secondary levels.
39. Technical and Vocational subjects are offered at the Comprehensive
School. The Government is committed to the establishment of
a Community College.
A Master plan has been drafted and a Community College Development Unit has been
established to spearhead the
implementation of this plan. Post Secondary Studies
in Technical and Vocational Education will be offered at the Community
College.
40. Truancy problems do exist, but mainly at the secondary level. The
Education Act provides guidelines for dealing with this issue.
Education Welfare
Officers have been employed to monitor attendance in schools and deal with
incidents of truancy. The Department
of Education provides meals and basic
material and supplies for a number of students who have been identified as being
in need of
financial support. This is done as a means of encouraging these
students to attend school regularly.
41. The Education system is also affected by an increase in incidents of
misbehaviour including acts of violence as well as drug use
among students at
the secondary level. A Pupil referral Unit (PRU) has been established in October
2005 to cater for the needs of
students with severe behavioural problems.
Presently there are seven boys in attendance.
Leisure, recreational and cultural activities
42. Music and Sports/Physical Education are
included in the curriculum at both the primary and secondary levels. Students
participate
in regular school concerts and sporting events and competitions. In
schools a number of clubs have also been introduced and students
are encouraged
to join depending on their interest.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
Children in conflict with the law
43. Generally children in
conflict with the law are dealt with under the Juvenile Act if they are less
than 16 years old. They are
otherwise subjected to the same criminal justice
system as adults. The Employment of children is prohibited by the Employment of
Women, Young Persons and Children Act, RSA, c E55, the Employment of
Children (Restriction) Act, RSA, c E150 and the Education Act,
RSA c E25.
The provisions of the Drugs (Prevention of Misuse) Act, RSA, c D45 and the Drugs
Trafficking Offences Act, RSA, c D50
seek to prevent drug related activities
such as possession, importation and sale of drugs. During the second half
of 2005, 17 Juveniles
were arrested by the police.
44. The Criminal Code, RSA, c C140 deals in detail with sexual offences
against minors including but not limited to, unlawful sexual
intercourse with
minors, prostitution of minors, abduction of minors, permitting defilement of
minors on premises, sexual intercourse
with dependent children, sexual
harassment of minors and detaining minor with intent to have sexual
intercourse. The Code makes it
mandatory for certain persons, including
teachers and doctors, to report cases of suspected sexual abuse of minors.
45. In 2005 there were nineteen juveniles remanded into prison. Five were
convicted of a criminal offence and spent an average length
of time in custody
of two months. In 2006 twelve juveniles were remanded, five were convicted of a
criminal offence and spent an
average time of four months in custody.
BERMUDA
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
Measures to harmonise laws and policies with the
convention
1. It
was previously reported that many of the laws were being updated in order to
reflect the current philosophy and harmonize with
the Convention. The Children
Act 1998 is intended to be an umbrella act for all legislation related to
children.
2. The Children Amendment Act 2002 aims to abolish the concept of
illegitimacy as it applies to children and ensure that all have
equal rights to
the care and support of both parents by repelling the Illegitimacy Act 1933 and
the Affiliation Act 1976. This new
legislation endeavours to remove gender
discrimination from the law regarding parental rights and responsibilities. The
law also
recognizes overseas determination of parentage for all children.
3. Prospective parents have experienced difficulty adopting children in
Bermuda because of outdated regulations. The Adoption Act
2007 legislation has
been passed and revisions to the Rules and Regulations are in process and will
be placed before the Legislature
in the near future.
4. Bermuda’s first Child Abuse Registry is operational. The aim of this
registry is to establish a child abuse register that
will provide a resource for
protecting children from individuals convicted of child abuse having the ability
to work with children.
Protocols have been established, and resources identified
to inform any potential employers with this information.
5. In June 2003, the Government tabled legislation to help improve public
education by recruiting parents in the effort. The legislation
gives the
Minister of Education and Development powers to make rules affecting parents of
students. This will mean that parents/guardians
of students who do not comply
with the identified rules and regulations of schools may be held responsible for
their children’s
actions. The Minister will be empowered to enact
penalties for breaching the rules. This regulation aims to provide guidance for
those few parents/guardians who, through no fault of their own, might not know
what they need to do in order to be involved in the
school life of their
children. “Courts may also order parenting classes or counselling
programmes for parents not complying
with the rules”.
6. The Bermuda Health Council Act 2004 allowed for the creation of a Health
Council to oversee and direct health care in Bermuda.
The Council is required to
ensure that all residents of Bermuda have appropriate access to optimal, quality
healthcare while exercising
stewardship of Bermuda’s resources. The
Council will assist in coordinating, regulating and providing strategic
direction for
healthcare in Bermuda.
7. The registering of Day Care Providers is provided for in the Children Act
1998. The Day Care Centre Regulations 2001 under the
Children Act make provision
for the licensing of the premises and certification of the persons in charge and
stipulates the child/adult
ratio in day care situations to ensure the safety of
children and that they have adequate, undivided attention from a responsible
adult.
CHAPTER II: DEFINITION OF THE CHILD
8. The
Age of Majority Act 2001 lowered Bermuda’s official age of majority from
21 to 18. The change arose out of demand from
the private sector, public sector
realities and attempts to meet the terms of the Convention. Notable exceptions
within the new legislation
are that the age for marrying without parental
consent and for sitting as an MP or Senator remains fixed
at 21 years.
9. The age of criminal responsibility in Bermuda is currently 8 years old.
The Bermuda Government has noted the concern expressed
by the Committee with
regards to the low legal age of criminal responsibility and is moving towards a
resolution of this issue. The
review of the Young Offenders Act (1950) has been
completed. In June 2006, recommendations were made to reform the laws pertaining
to the handling of young offenders, including the age of criminal
responsibility.
10. Effective April 1 2006 smoking in public places has been banned in
Bermuda. The new legislation will make it an offence to smoke
in bars,
restaurants hospitals, hotels, offices, Government buildings and schools across
the Island. The new law also bans cigarette
vending machines along with tobacco
advertising at sporting events and makes it illegal to sell cigarettes to under
18 year olds.
CHAPTER III: GENERAL PRINCIPLES
Nondiscrimination
11. The Human Rights Act
(1981) protects the rights and freedoms of all human beings lawfully residing in
Bermuda’s community.
As part of the Social Agenda the Government reviewed
and amended the Criminal Code (1907) as it relates to sexual assault and related
offences. In particular sections were changed as they relate to young people and
women. The sentences were greatly increased in some
instances. The Human Rights
Commission has developed a Human Rights Syllabus that is now available in the
two public Senior Secondary
Schools in Bermuda.
Best interests of the child
12. Enshrined in legislation is the principle that
consideration must be given in all deliberations “to the best interest of
the child.”
13. The Matrimonial Proceedings Act 1974 is being reviewed as a part of
Government’s initiative to review all legislation regarding
divorce,
separation, maintenance and child support.
14. The Affiliation Act (1976) formerly the Illegitimate Children’s Act
has been repealed and replaced by the Children Amendment
Act (2002). Section 2
[2] of the amendment act provides for the abolition of the distinction between
legitimate and illegitimate
children. This amendment puts Bermuda in the spirit
of the Convention as regards equal treatment for all children regardless of
their
birth status.
15. In 2005 the numbers of screenings done by the Child Development Programme
(CDP) decreased significantly due to staffing issues.
However, during this
time CDP performed 420 screenings on two year old children.
Respect for the views of the child
16. The Ministry of Education and Development made
amendments to the legislation entitled Education Rules Part VI of the Education
Rules 2006 that reflects the philosophy of the Convention in that Section 23 (3)
states that “every child shall have a right
to be heard before any penalty
is imposed for an infraction, and at his request, my have a right, if the
principal considers the
infraction as a major one, to be accompanied by another
person during the hearing.”
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
Name and nationality
17. Every child has the
right to a name and nationality. Under the Immigration and Protection Act 1956
when a child is born in Bermuda
to a nonBermudian parent he/she does not
automatically acquire Bermuda status. The nationality of a child is also
dependent on the
nationality of the nonBermudian parent. Persons with Bermuda
status can have a British Commonwealth Nationality (e.g. one can be
a Jamaican
but have Bermudian status as per the Immigration and Protection Act (1956).
18. The practice in Bermuda is that as soon as the Registrar General receives
a notice in respect of a child born alive he/or she
sends a form of notice
together with an addressed and stamped or franked cover to a parent or the
person who has custody of a child.
Where a person receives a form of notice as
provided by the Registrar General he/she must complete and sign the form and
return it
within sixty days of the receipt thereof to the Registrar General at
his or her office.
Protection of privacy
19. Under
Bermuda’s Constitution, children have the same rights as adults. The
Bermuda Constitution Order of 1968 has principles included under Section 1 of
the Protection of Fundamental Rights and Freedoms of the Individual. These
are
the same fundamental principles as laid out in the Declaration of Human
Rights.
Access to appropriate information
20. Bermuda is expected
to introduce Public Access to Information legislation within the next year.
Currently it is the practice that
any information that is deemed sensitive or
maybe harmful to a child is not released to the general public. In the case of
viewing,
the Film Control Act (1959) has been amended to focus on the ratings
for films that are shown in public in the presence of children.
21. Children in Bermuda have regular access to materials aimed at promoting
their overall wellbeing and development. Information is
regularly disseminated
through the daily newspaper and includes supplements such as the Young Observer
and Youth Net. The activities
and accomplishment of young people are usually
highlighted in these supplements.
22. The Centre is a community facility that provides programmes that are
specifically geared toward Bermuda’s youth; sport is
included in the
Centre’s activities. Additionally, there are various local authors who
write and disseminate children’s
books and other materials.
Judicial corporal punishment
23. While Judicial Corporal Punishment has been
abolished in Bermuda corporal punishment continues to be legally administered in
the
schools. This practice has been reinforced by the legislation of the 2006
School Rules Section 24 (1), (2), (3) and (4).
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Bermuda Family Council
24. In
1988 the Task Force on the Status of Women was renamed the Family Council. The
Council was established to serve as an advisory
board to the Minister of Health
and Family Services. It was also established to act as a facilitator to new
initiative concerning
the Bermudian family.
25. The Family Council is mandated to investigate the institutions supporting
all areas of family life from childhood to seniors.
It is also mandated to
propose recommendations that are solution oriented for specific areas of concern
with the objective to strengthen
the family.
26. The Family Council is exploring tangible initiatives that will impact
positively on families such mediation for family issues
as they relate to
custody, maintenance payments and visitation and have embarked on an new
initiative of shared parenting education.
Support to parents
27. The Children Act
1998 protects children from harm to promote the integrity of the family and to
ensure the welfare of children.
Because of its legislative mandate the Ministry
of Health has taken the lead to provide the structure, resources and training to
strengthen families and therefore safeguarding the welfare of children.
28. In 2004, the Ministry of Health and Family Services in an interministry
collaboration established a programme entitled Cross Ministry
Initiative Team
(CMIT). The programme involves the departments of Child and Family Services,
Court Services, Financial Assistance
and the Bermuda Housing Corporation. This
initiative continues to embrace high risk families that are clients of two or
more Government
service agencies, and to provide a ‘safety net’. As
a result of the intensive intervention to these families several
families have
become independent of Government support and are contributing members of the
community.
Recovery of maintenance for the child
29. In Bermuda there
are three Acts that guide the recovery of maintenance payments. They are the
Maintenance Orders (Reciprocal Enforcement)
Act 1974, the Affiliation Act 1976
and the Matrimonial Proceedings Magistrates’ Courts Act 1974. Since the
last report some
changes can be seen.
30. The Affiliation Act 1976, a statute that governed policy and practices
related to those children who were born to parents who
were unwed, has been
repealed and replaced by the Children Amendment Act 2000. The new modifications
resulted, among other issues,
in the removal of the word illegitimate when
referring to the child of unwed parents.
31. A multidisciplinary task force was also established in order to review
the issues associated with nonpayment. In July 2005 there
were 4,363 active
cases being administered by the Family Support Office. The collection rate was
52% in 2005.
Children deprived of a family environment
32. We can report new legislation regarding
adoptions. The Adoption of Children Act 2006 has been passed. The legislation is
now current
with international best practice and incorporates the philosophy and
principles that are enshrined in the Hague Convention of May
1993 on Protection
of Children and Cooperation in respect of Intercountry Adoption.
Police and child protection
33. Between 1999 and 2000 the Juvenile Domestic
Crime Unit (JDCU) was established within auspices of the Bermuda Police Service.
The
focus of this department is to investigate all instances of child abuse,
sexual to physical and to investigate selected juvenile
delinquency. The JDCU
investigates all domestic violence related matters. The JDCU is currently
involved with a committee that is
seeking to develop legislation that protects
children online. It is anticipated that this legislation will be tabled in the
House
of Assembly in early 2007.
Transition programme for vulnerable children
34. Residential Treatment Services (RTS), a
division within the Department of Child and Family Services introduced a
Transition Programme
to assist incare adolescents to successfully return to the
community. The average stay in care was reported to have been fifteen
months.
Those adolescents with more severe behavioural problems and who were in overseas
placements required longer periods of stay.
The average stay for an adolescent
overseas was two years. RTS maintained regular contact with its overseas clients
and their placement
is reviewed every six months. As a part of the treatment
process a family member would visit their family member every six months.
Adolescents overseas receive a wide array of psychiatric and psychological
services at an annually cost of $2 million.
In efforts of continued quality improvement,
Residential Treatment Services has made application for accreditation with the
Council
on Accreditation, it is anticipated that RTS will have received
accreditation at the next reporting period.
CHAPTER VI: BASIC HEALTH AND WELFARE
Disabled children
35. The Bermuda
Government aims to improve the quality of life and inclusivity for all of its
physically challenged citizens. An early
evaluation of the needs of this sector
suggested that a “single point of entry” vehicle to the helping
services was a
priority. To this end, the National Office for the Seniors and
the Physically Challenged (NOSPC) was established. The function of
the (NOSPC)
is to ensure that the Government Services are readily available and accessible
to this vulnerable sector of our community.
Health and health services
36. The Government continues to recognize and
endeavours to ensure the right of the child to enjoy the highest attainable
standard
of health. The Ministry of Health and Family Services strives to
improve access to high quality facilities for treatment and rehabilitation.
Infant Mortality Rates in Bermuda remain low, with 11 cases reported in 2005.
The main cause of death is attributed to perinatal
conditions.
37. The Department of Health within the Ministry of Health and Family
Services seeks to provide the most effective way to prevent
transmission of
HIV/AIDS infection and to help people who are infected to identify the support,
strengths and resources they need
to live with the diagnosis. A task force under
the direction of the Chief Medical Officer is responsible for the development
and
implementation of strategic planning for HIV/AIDS prevention, control and
management in Bermuda. Education programmes are provided
in all schools for
teachers and students. The right of both child and family to confidentiality is
recognized and protocols are in
place for prevention of infection
‘Universal Precautions’ for blood spills, and injuries to
students.
Immunisation
38. Bermuda’s immunization programme
administers vaccines for childhood illnesses and other communicable diseases
through the
Government clinics and school system. In 2005 Bermuda recorded a 90%
level of immunisation coverage of children based on the data
available,
including both private sector and Government administered immunisations.
Social security and child care services and
facilities
39. The Children Act 1998 authorizes the Minister
of Social Rehabilitation to set regulations guiding child care in Bermuda. The
Bermuda
Government provides an array of programmes and services aimed at
ensuring the provision of quality child care for children in Bermuda
under five
years of age.
40. The Happy Valley Day Care Centre remains as the only Government child
care facility. The facility caters to approximately forty
children. Proposals
are currently in place to establish additional Government day care centres. In
addition to its other services,
Happy Valley Day Care Centre has in place a
programme that is designed to engage parents’ participation in their
children’s
education. Parenting classes and peer support programme are now
also a part of the services offered at the Happy Valley Day Care
Centre.
The Child Development Programme
41. The Department of Financial Assistance offers
assistance that supports children and their families. The Department provides
financial
awards to adults on behalf of children in the areas of rent subsidies;
food allowance; transportation, clothing and medical needs.
The Department also
provides for the cost of nursery and day care services when indicated.
42. The Department of Financial Assistance continues to support individuals
and their families. This is facilitated by the Financial
Assistance Act 2001. In
addition to this Act, the Financial Assistance Regulations 2004 and the
Financial Assistance Amendment (No.
2) Regulations 2004 have been established.
The introduction of the Regulations now provides for:
- A universal
criteria for eligibility for assistance;
- A more timely
determination of assistance and easier access to service;
- Simplified
application and assessment procedure;
- A single case
management system; and
- More equitable
caseload for workers.
43. A person must be eighteen years of age or
older and be the head of the household in order to apply for Financial
Assistance. Children
under eighteen and found to be in need would be referred to
the Department of Child and Family Services for assistance.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
Education, including vocational training and
guidance
44. Thirty six persons
(teachers, Education Officers, Ministry staff, the Bermuda Union of Teachers,
The Association of School Principals,
The Board of Education, The Board of
Governors of CedarBridge Academy, the business community and 2 senior school
students) met in
August 2002 to devise a National Strategic Vision for
Education. The group established that the critical issue was to improve student
achievement and establish the Government Schools as the first choice for
education.
45. The Ministry of Education and Development created a National Strategic
approach to teaching Literacy at the primary school level.
This initiative was
developed with specific targets that were linked to planning, monitoring
and evaluation, and therefore setting
clear benchmarked expectations.
46. One of the programming highlights was the incorporation of a designated
period of 90 minutes each day, to be known as ‘Literacy
Time’. The Ministry employed a Literacy Strategy Manager and Literacy
Coordinators for two years to train teachers and administrators
in best
practices. This initiative continued at the school sites after its initial 2year
pilot under Ministry leadership.
Bermuda Technology Initiative Collaborative
(BTEC)
47. Since its inception
two years in 2003, BTEC’s aim is to open the gateway to a world of
information and communications for
Bermuda’s public school students, their
teachers, parents and the community. BTEC aims to incorporate a full technology
plan
which exposes students to world class education in technology, have
adequate resourcing of all levels of the system, expand teacher
technology
skills and increase opportunities for students.
48. The curriculum is developed in collaboration with Stanford University and
the University of Virginia. The certification available
through the BTEC
programme is the ISTE International Society for Technology Education. An initial
investment in the programme as
of 2004 was approximately $9.45 million, spent on
site licenses, new science labs, LCD projectors, video conferencing equipment,
digital microscopes curriculum development, training and inservice
consultation
Education reform Catch the Vision
49. In September 2006,
the Education Ministry held a mass meeting of everyone involved in education to
“Catch the Vision”
of an improved public education system. The
oneday summit, aimed at galvanizing all those working in Bermuda’s public
education
system to engage in constructing a first class public education. The
conference is part of a threeyear strategy being put together
by the Ministry.
Catch the Vision will be followed by Share the Vision in 2007 and Live the
Vision in 2008. Among the topics to be
examined are: restoring confidence in
public education, respecting diversity, intentional expectations for the
Ministry of Education,
relationship building and effective communication.
Aims of education
50. The Educators’ Council Act 2002 was
introduced to provide for the licensing of principals, teachers and
paraprofessionals
through the establishment of an independent Council, which
will create and maintain a register of licensed teachers.
51. The National Training Board Amendment Act 2002 provides for a revised
administrative structure, which will allow the National
Training Board (NTB) to
increase its compliment of staff and senior officers, thus better equipping it
to respond to the needs of
Bermudians. To respond to the Government’s
Social Agenda Policy, the NTB has identified several new initiatives. Eleven new
programmes have been created; including a Summer Youth Development Project.
52. Collaboration between the NTB and the Department of Court Services has
resulted in a programme entitled “Just in Time”.
Launched April
2005, the purpose of the programmes is to offer alternative programmes to
offenders to promote selfsufficiency, skillbuilding
and employability.
Participants will participate in the General Education Diploma (GED) and other
technical vocational training.
53. The NTB has achieved significant growth in all categories of training.
The enrolment in apprenticeship programmes average one
hundred apprentices
yearly and as a result the NTB has developed two national training facilities
and a third facility at the Bermuda
College is pending.
Bermuda College
54. Since the report of
2000, the Bermuda College has formed closer links with main feeder public
secondary schools participating
in appropriate school based committees and
events i.e. Coordination of curriculum materials in mathematics and English
Language,
Arts and Senior School Mathematics Teachers professional development.
This institution has increased the number of articulation agreements
with
overseas, four year universities to enable Bermuda College graduates more
options to transfer their Associate Degree credits
to highly ranked North
American, Caribbean and UK Institutions.
55. The College has now developed meaningful, relevant and appropriate,
skills training programmes in Technology in collaboration
with the National
Training Board. The College has also strengthened its services to the student by
implementing mandatory, and advisory
tutoring by individual faculty members. It
has begun an initiative that focuses on stakeholder needs by the use business
and industry
Surveys. Moreover it has developed an internal resource centre
which provides support for professional development of its teaching
staff.
The Bermuda Careers Centre
56. The Bermuda Careers
Centre (BCC) provides current career and education related information to
students, parents, counsellors,
and jobseekers that will enable them to
determine potential career paths, to explore career and educational goals and to
take full
advantage of employment opportunities. The centre’s aim is to
ensure that all employment sectors in the community have a pool
of welleducated
and trained young Bermudians to employ. Services provided by the BCC include
career development and planning, interview
coaching and employment
placement.
Further education policies
57. The Ministry’s further education policies
continue to grow as a wide range of programmes and funding continue to be
offered
to Bermuda’s youth in an effort to help prepare them to become
productive and contributing citizens. For academic year 2006
Awards for further
education have increased from $5,000 each to $7,000 annually. Also funding for
tertiary level education has been
increased in value from $12,500 each to
$25,000.00.
Cultural activities
58. The Government of Bermuda has embarked on a
comprehensive initiative that will allow children to develop respect for the
national
values of their country and to enhance their cultural identity. Bermuda
took the stage at the 35th Annual Smithsonian Folk life Festival
in June, 2001.
The title of Bermuda’s submission to this event, staged at the National
Mall in Washington, was called “Bermuda
Connections”.
59. For those Bermudians who could not attend the event, in April 2002, the
festival was restaged in Bermuda as part of the Annual
Agricultural Exhibition
in the Bermuda Botanical Gardens. This coincided with the Bermuda Living
Traditions initiative, which is
aimed at preserving, reclaiming and
reinvigorating local heritage and traditions. An education kit was compiled and
distributed to
every classroom while the work of 20 researchers, who collected
archive materials on everything from boat building, cricket and food,
will be
put into a Folk life archive.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
Children involved with the system of administration of
juvenile justice
60. A
multidisciplinary legislative review subcommittee has been formed to identify
pertinent issues related to youth criminal justice
and to make recommendations
to reform the laws as related to young offenders. Bermuda has also established a
National Strategy Committee
to counter youth offending. However, in order to
deal effectively with children and youth, it is believed that it is essential to
have comprehensive assessment and case conferencing. Such programmes as juvenile
and family treatment system, community service orders,
anger and emotional
management, education, vocational and other skill building programmes are
envisioned. These interventions will
be intended to address issues of offending
and the related triggers. Moreover, these measures will assist in preventing or
reducing
the occurrences of offending or reoffending by children. These
programmes are not limited to the child or young person but also to
their family
and significant others.
Economic exploitation of children, including child
labour
61. The Government has
taken some steps between the two reporting periods to assess the status of
children with respect to the child
labour practices within the country. State
agencies do recognize the need to protect children from economic exploitation
and performing
any work that is likely to be hazardous. Moreover, the Government
intends to protect children from any work that will interfere with
a
child’s education and that which may be harmful to the child’s
physical, mental, spiritual, moral or social development.
62. A report was produced in 2004 which examined the status of youth
employment in Bermuda as to legislative compliance with respect
to International
Labour Organization stipulations. This report made recommendations to ensure
that employment of young people is
consistent with youth development.
Drug abuse
63. The Ministry of
Social Rehabilitation, through the Department for National Drug Control (DNDC)
(formerly the National Drug Commission
(NDC)), is committed to the development
of healthy communities, free from the negative consequences of uncontrolled
substance use,
substance abuse and the illicit trafficking of narcotics.
64. In addition, the Bermuda Youth Counselling Service (BYCS) provides
treatment to adolescents who are experimenting with tobacco,
alcohol and or
other drugs, and works closely with schools and other community members
that are involved with a similar client base
structure.
65. The 2003 school survey that looked at reported consumption patterns among
Bermuda’s school students showed that lifetime
prevalenceofuse rates for
alcohol was 58.0%. The prevalence of cigarette use was 25.7%, marijuana 19.7%,
inhalants 8.2% and smokeless
tobacco 2.5%. These figures represent a
downward trend of current use for alcohol, tobacco and marijuana compared to
2000 survey
figures.
BRITISH VIRGIN ISLANDS
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. The British Virgin
Islands has revised some legislations and implemented a range of new legislation
specific to children including:
- The Children and
Young Persons Act, 2005;
- The Youth Courts
Act, 2005;
- Criminal Justice
(Alternative Sentencing) Act, 2005;
- The Probation of
Offenders (Amendment) Act, 2005;
- The Education
Act, 2005; and
- The Criminal
Code (Amendment) Act 2007.
2. In 2001 Ministry of Health and
Welfare (presently the Ministry of Health and Social Development) established an
Intersectorial
Social Services Committee (ISSC) which coordinated matters
relating to children. The work of the ISSC included the implementation
of the
Convention. The ISSC was comprised of personnel from the departments of
Government involved with work relating to children.
Due to personnel changes in
some agencies, the work of the ISSC fell dormant. However, the Ministry of
Health and Social Development
has made plans to restart and reconstitute the
ISSC or like committee to regain momentum on the implementation of the
Convention.
Part of the work of the new ISSC would include the design,
implementation and regulation of a National Plan of Action for Children.
3. The National Child Protection Action Plan sponsored by the UK Government
and Department for International Development (DFID) was
extended to all the
Overseas Territories in 2004. Towards this end, the Ministry of Health and
Social Development through the Social
Development Department coordinated a
workshop for the development a National Child Protection Action Plan.
Nongovernmental organizations
as well as key Government personnel were involved
in the Workshop.
4. In 1999, the Government established a Human Rights Reporting Coordinating
Committee (HRRCC). Part of the HRRCC’s mandate
was to monitor the
implementation the Convention within national affairs and to advise the
Government as to areas of noncompliance.
The HRRCC submitted its compliance
report in the year 2000 and made various recommendations toward fuller
compliance. Due to various
shifts in personnel, the work of the HRRCC has fallen
dormant. However, plans are presently being made to reconstitute the membership
of the HRRCC so that its work may continue.
5. The Government of the British Virgin Islands continues to take / measures
to implement and support various childfocused programs.
Over the years, the
Social Development Department and the HRRCC used the print and audio media and
various public campaigns to educated
persons at all levels of the community
about the Convention, the rights of children and
about issues related to children including abuse and violence. In addition,
the Department of Youth Affairs and Sports was established
in April 2004 to
advance the potential in children and young persons.
6. The report of the British Virgin Islands was prepared in consultation with
the various Government Departments responsible for work
related to children. The
draft report was then made public in an effort to receive comments from all
persons including civil society
organisations, nongovernmental organisations,
children and youth groups.
CHAPTER II: DEFINITION OF THE CHILD
7. Under domestic laws, a child is a person under
the age of 16 and a young person is a person who has attained the age of 16
years
and is under the age of 18 years.
8. The Criminal Code, 1997 of the Virgin Islands is explicit with regard to
the immateriality of the consent of a girl under the age
of 16 where a man is
charged with unlawful intercourse with the
girl[6] . Section 125 of the
Criminal Code of the Virgin Islands, 1997 speaks of the general sexual offence
of indecency with a child of
any gender.
9. The Children and Young Persons Act, 2005 repealed the Juvenile Act, Cap 37
of the Laws of the Virgin Islands, Revised Edition,
1991.
10. In addition, the Education Act, 1994 repealed the Education Ordinance,
Cap 36 of the Laws of the Virgin Islands, Revised Edition, 1991. Under the
Education Act, 1994, the compulsory school age in the British Virgin Islands is
from 5 16 years of age.
CHAPTER III: GENERAL PRINCIPLES
11. The deaths of children are registered, and,
where appropriate, investigated and reported. In the period 20032004, there were
2
deaths of young children as a result of result of crime and domestic violence.
In both cases the perpetrators of the crimes were
punished in accordance with
the law are presently imprisoned.
12. There are a large number of child and youth
organizations or associations. An Appendix to the full report of the
British Virgin
Islands attached to this report exhibits a sample list of such
organizations generated from the Department of Youth Affairs and Sports.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
13. A growing number of local radio programmes are
aimed specifically at children. For example on Saturday mornings, a call in talk
show entitled “Teen Talk” on radio ZBVI features teen discussions of
various community issues. Also, on Saturday afternoons
on Radio ZKING “Fun
with Aunty P” features a call in show where children can answer questions,
share jokes, seek prayers
or pray, share poems, scriptures and the like.
14. In addition to the district libraries including those on the Sister
Islands (Jost Van Dyke, Virgin Gorda and Anegada), there is
one mobile library
which visits all public schools and some private schools on a schedule. Most
public and private schools and the
public libraries have a computer lab or other
accesses by children to computers.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
15. The changes to the legislative framework of the
British Virgin Islands set out elsewhere in this report have strengthened the
framework for supporting children in a family or alternative care
environment.
CHAPTER VI: BASIC HEALTH AND WELFARE
16. The British Virgin Islands maintain a HIV/AIDS
preventative and educational program coordinated by the Ministry of Health and
Social development. The program has encouraged the HIV testing of all pregnant
women. The program also conducts an Annual Youth Summit
on HIV/AIDS in
collaboration with the Department of Youth Affairs and Sports and the Ministry
of Education and Culture.
17. All school age children receive free medical are at various public health
facilities. Comprehensive immunization in order to enter
school is mandated by
the Education Act. Coverage under the Expanded Programme for Immunization is
high. In the less than one (1) year age group coverage for BCG, Polio,
DPT and
MMR was 100% in 2005.
18. The Eslyn Henley School for the disabled/challenged continues to function
in the British Virgin Islands under the Ministry of
Education and Youth Affairs.
Another NGO, the Rotary Club, has adopted the school and it provides ad hoc
building or plays ground
supplies. First Caribbean International Bank has
donated a computer for the school’s computer lab. At present, the school
caters
for 14 children aged 618. The children have varied diagnosis including
autism, Down’s syndrome, speech disabilities, and other
mental and
physical disabilities, and thus a varied a number of special educational
needs.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
19. In 2004, the British Virgin Islands revised the
Education Act. The process included public consultation. The Education Act, 2004
is attached at the Appendix. The Act details the aims of the education system in
terms of the following:
- The
establishment of a varied, relevant and comprehensive educational system;
- The promotion of
the education of the people of the Virgin Islands by the establishment of
institutions for the purpose of fostering
the spiritual, emotional, cultural,
moral, intellectual, physical, social and economic development of the
community;
- The framing of
an educational policy designed to give effect to the purposes of the
Act;
- The effective
execution of the educational policy of the Government; and
- The
establishment of a coordinated educational system organized in accordance with
the Act.
20. The Education Act, 2004 also regulates technical and
vocational training and guidance. In 2004, the British Virgin Islands
established the Technical and
Vocational Institute that provide an alternative
method of education to students.
21. In 2006, the Government established a Department of Culture separate and
apart from the Department of Education. There are many
cultural activities
organised by the government for children through out the Territory. For example,
November 10 2006 was celebrated
as Culture day in most schools. Children had
many opportunities to learn about various cultures.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
22. The Children and Young Persons Act 2005
repealed the Juvenile Act, Cap 37 of the Laws of the Virgin Islands, Revised
Edition,
1991. It contains new and modern provisions that complement the
Criminal Justice (Alternative Sentencing) Act 2005 by taking into
account modern
day realities of children and young persons within the criminal justice system.
The Act therefore essentially provides
substantive and procedural measures and
protection for children and young persons when they are either perpetrators or
victims of
crime.
23. The Children and Young Persons Act 2005 makes provision for the
prevention of cruelty to and protection of children and young
persons. For
example, section 4 of the Act places an obligation on various persons who come
into contact with children in the course
of carrying out their profession or
duties, to report any case of abuse, or suspected abuse, of any such child to
the police. Similarly,
section 6 empowers a police officer or an authorised
person to bring before a youth court a child or young person who is in need
of
care, supervision or protection. The Children and Young Persons Act 2005 also
deals with proceedings in the Youth Court and essentially
covers areas like the
powers of the youth court, the methods of dealing with the young offender and
provisions relating to the committal
of the young offender to the care of a fit
and proper person.
24. Provisions preliminary to the trial of the child or young person are
dealt with in Part III of The Children and Young Persons
Act 2005. Under this
Part matters relating to the separation in police stations of children and young
persons from older offenders,
bail, trial of a child or young person jointly
charged with an older offender, and indictable offences in respect of the child
or
young person are considered. Parts IV and V of he Act deal with legal
provisions and evidence and procedure, respectively, as they
relate to children
and young persons.
25. The Youth Courts Act 2005 repealed the Juvenile Act, Cap 37 of the Laws
of the Virgin Islands, revised edition 1991. The Youth
Courts Act 2005 replaces
the Juvenile Courts Act, Cap 38 of the laws of the Virgin Islands, Revised
edition, 1991. Though there are
some significant changes and innovations in the
new legislation, the Act, by and large, retains the substantive provisions of
the
Juvenile Courts Act.
26. The Act is designed to complement the Criminal Justice (Alternative
Sentencing) Act 2005 that makes farreaching provisions in
the court’s
treatment of children and young persons who find themselves in conflict with the
criminal justice system. A minor
departure from the current law is that the
Magistrate will be empowered to select at least one assessor to sit with him and
to advise
him on the appropriateness of any sentence that may be imposed on a
child or young person. Assessors will be chosen from a panel
which may include
social workers, members of the religious community, education psychologists,
school guidance counselors or teachers.
The panel of assessors will be nominated
by Executive Council. The Act also makes provision for the parents of the child
or young
person arrested to be notified of the charge and the time and place
when the child or young person is to be brought before the court.
The parents
are required to attend the court and remain in attendance during the proceedings
unless the court excuses them. The provision
further provides a power of arrest
against the parents for a breach of this provision.
27. Further, the Youth Courts Act 2005 provides for a child or young person
who is charged with a summary offence to be tried in a
youth court (unless he is
charged jointly with a person aged eighteen years or over) and section 5
provides for the general public
to be excluded from the sittings of a youth
court. Section 6 provides for restrictions on the publication and disclosure of
the identity
of children and young persons who are involved in proceedings
before a youth court.
28. The Criminal Justice (Alternative Sentencing) Act 2005 widens the
sentencing options available to the courts in dealing with not
only children and
young persons but with persons aged eighteen years and over. More significantly
the Act seeks, through the definition
of terms, to focus more on the
rehabilitation and reintegration of the offender into society while at the same
time holding the offender
accountable for his actions.
29. Part I of the Act deals with, among other things, sentencing principles
by which the court is guided in determining sentence for
an offence, and
restrictions on prosecutions. Matters pertaining to the various sentencing
options available to the courts in respect
of children and young offenders are
dealt with under Part II. The establishment by Executive Council of the relevant
centers, such
as attendance centers, youth custody and training centers and drug
rehabilitation and aftercare centers, is provided for in section
15 of the
Act.
30. Part III of the Act deals with the courts’ general sentencing
powers in respect of children and young persons. Among other
things, this Part
deals with short sentences, fines, probation, curfew orders, community service
orders and combination orders. Part
IV deals with drug rehabilitation and
aftercare orders while Part V covers the courts’ special sentencing
powers. Under Part
V, a court may, among other things, impose a penalty without
recording a conviction, reduce a prescribed minimum penalty or substitute
a
penalty in some instances. Further, a court may suspend a sentence of youth
custody and training or imprisonment and impose a bond
requirement in
appropriate circumstances. A significant development under Part V is the
courts’ power to make a parenting order
in respect of a person who is a
parent or guardian of a child or young person. Part VI deals with miscellaneous
provisions. Matters
relating to spent convictions, right of appeal and
rulemaking powers are dealt with under this Part.
31. The Criminal Code (Amendment) Act, 2007 (No. 3 of 2007) which pertains to
children was recently passed. This is a significant
amendment to our Criminal
Code in two respects. Firstly, the participation and interaction with child
pornography has now been expressly
made an offence under the laws of the Virgin
Islands. By section 284A (2), any person who intentionally publishes or is
concerned
in the publication of, produces or is concerned in the production of
child pornography, or has child pornography in his possession,
commits an
offence and is liable on conviction on indictment to a term of imprisonment not
exceeding fourteen years. Prior to the
amendment, the Criminal Code made no
specific provision for child pornography and therefore certain acts which fell
outside existing
criminal provisions could not be criminalized as acts of child
pornography.
32. Secondly, human trafficking of minors for exploitation, though not common
in the British Virgin Islands, is another crime being
perpetrated against
minors, as well as women. The amendment creates the offence of human trafficking
of minors. As such, any person
who is concerned with trafficking of minors is
liable on indictment to the maximum penalty of imprisonment for life.
CAYMAN ISLANDS
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. Upon ratifying the
Convention of the Rights of the Child through the United Kingdom, the government
of the Cayman Islands took
initial steps to comply with the provisions and
principles of the convention by drafting the Children Law, 1995. However, due to
technical difficulties in implementing the law, it was repealed and
redrafted.
2. In November, 2003, the Cayman Islands legislature passed a new Children
Law, 2003. Steps are now being taken to commence the drafting
of the regulations
to the law and it is expected that the law will come into force in the near
future.
3. Over the decades, the Cayman Islands legislature has implemented numerous
domestic laws to legally protect the rights and interests
of children in Cayman
society. This continued commitment is also evident in the periodic review of
existing laws to ensure that provisions
deemed harmful to children are removed,
and that additional statutory protections are included.
4. The domestic laws cover subject areas which include the welfare and safety
of children, the preservation of rights and freedoms;
offences against children,
custody and guardianship, access to appropriate information and health care to
name a few.
5. It is expected that once The Children Law, 2003 comes into force, new
protective measures will be created. The new law will introduce
the role of the
Guardian ad litem, who will be the child’s representative during
judicial proceedings. The introduction of the law will also introduce extensive
regulatory measures over private homes and other child caring facilities.
6. The establishment of the Family Support Unit, which is a unit within the
Royal Cayman Islands Police is a section dedicated to
investigating offences
that relate to women, children and the family. The officers that run the unit
receive special and ongoing
training to adequately and properly investigate
these crimes. Amendments to the Evidence Law (2005 Revision) also affords child
victims
with limited protections in the event that they are required to give
evidence.
7. The creation of the Human Rights Committee and the establishment of the
Office of the Complaints Commissioner are also expected
to provide the necessary
independent checks and balances to ensure that violations against children are
addressed and that government
departments who handle children affairs are
operating at appropriate standards.
8. Over the years, the Government of the Cayman Islands has approved large
budgets to government departments such as the Department
of Children and Family
Services, The Department of Education and the Department of Youth and Sports to
name a few. The funds allocated
to these departments are expected to meet the
growing social, academic and developmental needs of children in the Cayman
Islands.
For the financial year 2005 to 2006 the approved budget for The
Department of Children and Family Services was CI$8,065,534. For
the financial
year 2005 to 2006 the approved budget for the Department of Education was
CI $48, 000,01.
9. The Government of the Cayman Islands and private groups have also
implemented initiatives to ensure that children in the Cayman
Islands are not
disadvantaged. Some of these initiatives include the development of the National
Parenting Programme by the Department
of Children and Family Services, the
ongoing education initiative to improve literacy and overall academic
achievement in schools
and the establishment and support of local mentoring
programmes by private groups and members of the community.
10. Programmes such as summer play writing and drama classes at Cayman
National Cultural Foundation, the National Festival of The
Arts and art
workshops at the National Gallery and are some of the private and public
initiatives which ensure that children develop
culturally.
11. Policy wise, the Ministry of Education has adopted the document entitled
the National Consensus of the Future of Education in
the Cayman Islands. This
document outlines the steps to be taken to produce a ‘world class
education service’ in the
Cayman Islands. The Cayman Islands Government
and other stakeholders are also in the process of updating the National Youth
Policy.
12. As it relates to data gathering, each government department currently
gathers its own data. Most departments are able to provide
this information in
some form. However, due to the fact that there is no existing central database
established, data is often time
not readily available or is in an easily
retrievable form. This has been an area identified by the Cayman Islands
Government as one
area which required increased coordination.
13. Currently, the Cayman Islands are undergoing a National Assessment of
Living Conditions exercise. This assessment follows the
outline of a country
poverty assessment that is being conducted in conjunction with the Caribbean
Development Bank. The Cayman Islands
Government normally uses data such as the
unemployment rate and the consumer price index to formulate the Strategic Policy
Statement,
which is a document that guides its financial and economic policies.
The findings of the National Assessment will hopefully provide
the Government
with useful information on what policies would need to be developed and
implemented to address any identifiable social
and economic concerns.
14. As a British Overseas Territory of the United Kingdom of Great Britain
and Northern Ireland, the Cayman Islands are committed
to providing the
necessary protections to children as envisaged by the United Nations Convention
on the Rights of the Child.
CHAPTER II: DEFINITION OF THE CHILD
15. In the Cayman Islands the age of majority of a
child is achieved earlier than that stated in the Convention. The definition of
“Child” contained in various domestic laws of the Cayman Islands
define “child” or “ young person”
as a child or person
under the age of seventeen. This definition features primarily in criminal and
care and protection legislation.
This means that children who have reached the
age of seventeen and have committed a criminal offence are treated as adults and
are
tried by either the Summary Court or the Grand Court and no longer appear
before the Youth Court.
16. Likewise, under the Education Law, the compulsory age for education
ceases at age 16. However, most children matriculate at age
17 due to Government
adding a year to the education system. The disparity between the difference in
definitions of “child”
in various legislations does present a
problem, particularly in the area of education and rehabilitation of children
under the age
of 17 and 18. In such instances, the children continue to be under
the compulsory care of the courts and other government agencies
through
wardship, however, the provision for compulsory education does not exist.
17. In the Cayman Islands, the age for sexual consent for both sexes is 16
years of age. The age of criminal responsibility has increased
from age 8 to 10
in domestic law. However, the added provision of the law which requires that
criminal capacity of a child under
the age of fourteen be proved is viewed as an
additional safeguard which addresses any concerns regarding the statutory age of
criminal
capacity. This provision allows the Attorney General who is responsible
for prosecution in the islands, the flexibility to examine
such cases based on
the capacity of each child.
CHAPTER III: GENERAL PRINCIPLES
18. The “best interest of the child”
principle is a well established and settled common law principle which has
historically
been embraced by the judiciary in the Cayman Islands. This
principle has been restated in many local custody and care matters and
is also
applied in international child abduction cases that are heard pursuant to the
Hague Convention on the Civil Aspects of International
Child Abduction 1981. The
“best interest of the child” principle is expressed in the local
adoption law legislation and
is a predominant theme in the Children Law, 2003.
For example, section 24(4) of the Children Law, 2003 requires that before the
Department
of Children and Family Services can make decisions with respect to a
child whom is in its care, or is proposing to look after, it
must first
ascertain the wishes and feelings of the child and other parties affected by the
decision of the department.
19. The Cayman Islands government has taken positive steps to eliminate
discrimination against children that have been identified
in local legislation.
The implementation of the Status of Children Law, 2003 is a tangible example of
the legislative decision to
remove discrimination against children born outside
of wedlock. The implementation of this law has removed the distinction between
the rights of legitimate and illegitimate children and has afforded all children
equal rights. This has positively impacted the rights
of previously
disadvantaged children as it relates to citizenship rights and inheritance.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
Registration of births
20. In the Cayman
Islands, every child is entitled to a name. In accordance with the Births and
Deaths Registration Law (1996 Revision),
the birth of every child in the Cayman
Islands must be registered. Section 11 of the law requires that the mother or
father of a
child born alive in the Cayman Islands, register the child’s
birth with the General Registry within 42 days of their birth.
There are very
few if any incidences of parents failing to register the births of their
children in the Cayman Islands.
Nationality
21. In accordance with the Immigration Law (2006)
Revision, a child born to non Caymanian parents does not automatically acquire
the
citizenship of the Cayman Islands. However, children born to one or both
parents who are Caymanian, irrespective of whether they
are born in wedlock in
most cases will automatically have a right to be Caymanian.
22. There are very few cases whereby the issue of statelessness of a child
occurs in the Cayman Islands. However, in the event statelessness
arises,
section 20(1)(e) the Immigration Law (2006) Revision provides for the grant of
Cayman Status to be granted by the Governor
acting on the recommendation of the
Permanent Residency and Cayman Status Board and ratified by the Legislative
Assembly.
Protection of privacy
23. The Cayman Islands Constitution does not
contain a Bill of Rights Charter, although the country is undergoing
constitutional reform. However, international best
practices are applied by the
Government as it relates to children in the media, court appearances and
protection of information of
children.
24. The coming into force of Freedom of Information legislation in the Cayman
Islands has also taken steps to ensure that child related
information is
protected.
Education
25. The education of children is compulsory in the
Cayman Islands. There are no barriers to children receiving education in the
Cayman
Islands irrespective of their race, religion, sex or ethnic origin.
Children of immigrant workers who reside in the Cayman Islands
are also required
to be placed in school.
Freedom of thought, conscience and religion
26. The Cayman Islands Constitution does not
contain a Bill of Rights Charter. However, there is a general respect for
freedom of thought, conscience and religion. The
Education Law (1999 Revision)
Part VI: 20:12 and Part VII: 42: 12 and Administrative Handbook 1991
Page 18 (6.1) and the Moral and Religious Education Curriculum speak to
Article 14 of the convention
as these documents outline what is expected of all
concerned i.e. parents have the right to request that their child/children be
exempted from certain religious activities.
27. Upon the Children Law, 2003 coming into force, freedom of religion will
be protected in that while care orders are in force, the
Department of Children
and Family Services shall not cause any child to be brought up in any religious
persuasion other than that
in which he or she would have been brought up if the
order had not been made.
Access to appropriate information
28. In promoting access to information, the
education system of the Cayman Islands has been paying particular attention to
the elimination
of illiteracy and the promotion of cultural exposure of
children. Pupils in the primary education system in the Cayman Islands receive
formal instruction in the teaching of language Arts 10 hours per week. Language
Arts embodies subjects such as; Reading, Phonics,
Comprehension, Spelling,
Handwriting, Vocabulary and Creative Writing. Initiatives such as the national
reading week and district
library programmes also promote wide access to
information by children.
29. There are however, statutory measures which afford the necessary
protections to ensure that children are only exposed to appropriate
information.
Sections 53 and 54 of the Penal Code (2005 Revision) allows the Governor to
prohibit the importation of publications
that he believes is against public
order, hence the importation, sale, distribution or reproduction of any such
material is a criminal
offence. Likewise, section 156 of the Penal Code (2005
Revision) criminalizes any dealings in obscene publications.
30. The implementation of the Cinematograph Law (1995 Revision) in the Cayman
Islands is also another means by which information is
checked for its
appropriateness before it is disseminated to the wider public.
31. Freedom of Information legislation will also soon come into force in the
Cayman Islands. Children who wish to access information
through this channel may
soon be able to do so.
Right not to be subject to cruel, inhumane or degrading
treatment or punishment
32. The Penal Code (2005 Revision) establishes
offences as a protective measure against cruelty to children. Under this law, it
is
an offence for anyone who has responsibility for a child to wilfully assault,
illtreat, neglect, abandon or expose the child in a
manner that would cause him
unnecessary harm. The law criminalizes actions and omissions which result in the
child being neglected
or causes a child’s ill health. It is also a
criminal offence to make a child carry out inhumane and degrading treatment in
the form of begging or receiving alms, or inducing the giving of alms whether
there is any pretence of singing, playing, performing,
offering anything for
sale or otherwise.
33. Although Corporal Punishment in schools is still legally permitted under
the Education Law, a policy directive has removed the
use of corporal punishment
as a means of discipline in schools throughout the islands. The Education Law is
currently under review.
34. With respect to corporal punishment at home, there is no legal
restriction on carrying out such punishment. However, through various
parenting
programmes, a greater awareness is being relayed to the public as to what is
legally permitted and what constitutes abuse.
Parents are also informed of
alternative forms of discipline.
35. Cases of physical abuse are generally handled by the Department of
Children and Family Services and the Family Support Unit of
the Royal Cayman
Islands Police. These cases are expedited, with children being removed from
harmful environments and are usually
subject to counselling.
36. Historically, there are very few if any known cases of torture of
children in the Cayman Islands. However, identified torture
cases have been
handled by the Department of Children and Family Services with the collaboration
of the Royal Cayman Islands Police.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
37. Both traditional and nontraditional family
structures are present in the Cayman Islands. Parental guidance is not
legislated,
however, it is expected that parental guidance should be provided by
the persons having parental responsibility for the child.
Care and custody
38. In the absence of legislation which deals with
joint parental responsibility for children, the United Kingdom common law
position
applies. The common law position is that both parents have parental
responsibility for a child born within the marriage. With respect
to children
born out of wedlock, the mother has sole parental responsibility for the child.
The father however, can also acquire
parental responsibility for the child once
he is adjudged by a court of law to be the father of the child. When the
Children Law,
2003 is brought into force it will put these principles on
statutory footing.
Parenting programmes
39. The Cayman Islands Government through the
Department of Children and Family Services “DCFS” has also
established a
number of community programmes aimed at promoting the integrity of
the family. Some of these programmes include, The Young Parents
Programme and
The National Parenting Programme.
40. The National Parenting Programme (NPP) is a joint project, which includes
the Department of Children and Family Services, other
government departments and
other non governmental organizations. The main emphasis of the NPP is to
motivate and uplift parents to
fill the roles of responsible and accountable
parents.
Maintenance of children
41. The Maintenance Law (1996 Revision) allows for
the Court to order the financial maintenance of children in cases where there is
evidence that the child is not being financially maintained.
Housing
42. The establishment of the National Housing Trust
and other low income housing schemes are measures that have been taken by the
Cayman Islands Government to ensure that families may remain together and can
live at an acceptable level. The remit of the Department
of Children and Family
Services is also to provide assistance to families to help them reestablish
themselves in the community.
Temporary or permanent placement of children
43. The Department of Children and Family Services
is responsible for adoption and foster care placements. These placements are
made
through the courts. The department has implemented specific procedures so
that special attention could be given to these cases. The
creation of the
position of Adoption and Foster Care Coordinator facilitates the placement of
children who require temporary or permanent
placement.
The police and the family
44. The establishment of the Family Support Unit
which is a unit within the Royal Cayman Islands Police is a section dedicated to
investigating offences that relate to women, children and the family. The
officers that administer the unit receive ongoing training
to adequately and
properly investigate these crimes. The establishment of this unit allows for
special attention to be paid to family
related investigations.
45. The recommendation to separate a child from his or her parents is given
only in circumstances where the child is at risk and is
in need of care and
protection or if the child is beyond parental control. The removal of the child
from the family home and placement
into alternative care is done through an
order of either the Youth Court or the Juvenile Court.
CHAPTER VI: BASIC HEALTH AND WELFARE
Disabled children
46. Children with
physical or mental disabilities in the Cayman Islands have equal
opportunity to receive education in the Cayman
Islands. The Lighthouse
School which is a public school that was established to cater to the specific
needs of these children has
been in operation for a number of decades. The
school accommodates children between the ages of 4 years 9 months to
17 years.
Health care in schools
47. The Ministry of Health & Human Services has
responsibility for the oversight and regulation of health care services within
the Cayman Islands. The primary objective of the School Health programme is to
remove health barriers to learning, by promoting health
and wellness for all
students as well as facilitating health education for all levels of students.
The school health services are
made available to all students regardless of
race, gender or nationality.
Screening
48. School Entry Screening offers a comprehensive
health screening service to children entering year one. This service is extended
to all students in both public and private schools. Proof of screening is a
requirement for admission to any school in the Cayman
Islands. This is given in
the form of a Certificate of School Entry Screening signed by the School Health
Coordinator and the parent/guardian.
49. All government secondary/high schools in the Cayman Islands have the
benefit of a resident school nurse and dental hygienist.
This team arranges
health assessments for children and screening for problems with hearing, vision,
growth, nutrition, speech and
general development so that any health problems
can be identified early.
Immunization
50. Resident children are immunized against
communicable diseases, namely tuberculosis, diphtheria, tetanus whooping cough,
poliomyelitis,
Haemophilus influenza b infections, hepatitis B, measles,
mumps, rubella and chicken pox. The tetanus vaccine programme is carried
out on
a continuous basis for all high school children the age of 14 years and over.
The aim is for all graduates to leave High School
fully immunized. Immunization
coverage is in line with World Health Organization (WHO) targets.
Nutrition
51. Breast feeding is encouraged in the Cayman
Islands through campaigns that are initiated by the Public Health Department.
Breast
feeding is encouraged as the optimal source of feeding for infants from
birth to 6 months (World Health Organization standard of
exclusive breast
feeding). The Cayman Islands Hospital complies with many facets of the Baby
Friendly Hospital Initiative and is working toward certification as a Baby
Friendly Hospital.
52. The National Breastfeeding Policy was updated in 2001 to include
provisions of the new World Health Organization standard of exclusive
breastfeeding. Breastfeeding Awareness Week is annually observed in the Cayman
Islands beginning August 1 and is coordinated by the
Health Promotions Officer,
the Breastfeeding Working Group and Breastfeeding Support Group.
Birth weight
53. Statistics for the last five years (2001 2005)
show that there were a total of 3,165 live births in the Cayman Islands.
The year
2005, 715 live births, saw an increase of 16.8% (103 more births)
than the average for previous years (2001 to 2004), 612 live births.
8%
or 238 infants of the total live births, all years, were
underweight.
Mortality rate
54. There were a total of 24 deaths to children
under 5 years old for the period 2001 to 2005; an average of 4 deaths annually.
Main
causes of death were due to: Extreme prematurity (7), Congenital organ
abnormality (5), Dysfunction of a diseased brain (2), Neonatal
Asphyxia (2),
accidental drowning (2), and 1 each to Achondrenesis (growth dysfunction of
bones to extremities) Bronchopneumonia,
Seizure disorder, Sudden Infant Death
Syndrome, Accidental Asphyxia and Motor vehicle accident. Between 1995 and
2004, there have
been a total of 437 children born to teenage mothers under the
age of 15 years to 19 years.
Communicable Diseases
55. The overall incidence of communicable disease
in children remains low in the Cayman Islands. Reports of sexually transmitted
infections
have been declining since 1998, however, it still remains a cause for
concern. Malaria and dengue fever are not endemic to the Cayman
Islands. One
case of Tuberculosis was reported in 2004. Chicken pox has steadily declined
since 1998 with 85 cases reported in 2004
and 33 so far this year. In 2004 there
were 310 cases of Influenza reported and as at June 2005, 184 cases.
HIV and AIDS in the Cayman Islands
56. The official response of the Cayman Government
to HIV/AIDS is articulated in the Cayman Islands Government Policy on
HIV/AIDS of April 1991, which states that the Government recognizes that
HIV/AIDS is a global problem, and notes that there are medical, ethical, legal,
socioeconomic, cultural and psychological implications of HIV/AIDS.
57. A dedicated staff member, namely the STD Coordinator was assigned to the
National Programme in 1995. The staff member’s
role is to organize the
services required for HIV/AIDS patients and their families and to generally take
measures to increase the
awareness of STD’s, HIV and AIDS. The STD
Coordinator also offers free voluntary counselling and screening. Free medical
care
and anti retroviral therapy (ART) drugs are available to AIDS/HIV patients.
Programmes coordinated by the Cayman AIDS Foundation,
the Cayman Islands Red
Cross and the Public Health Department provide public awareness to children and
young persons on HIV and AIDS.
58. The first case of AIDS in the Cayman Islands was identified in December
1985. The last local case of perinatal transmission was
in 1994. There have been
4 persons under the age of 20 diagnosed as HIV positive; one person diagnosed at
19 years old and three
cases were the result of perinatal transmission.
59. Strongly convinced of respect for human life and dignity of HIV infected
people and people living with AIDS, the Government has
committed itself to a
number of issues including, the protection human rights and dignity of PLWHA
(Persons living with HIV and AIDS)
and the population in general and avoid
discriminatory action and stigmatization against PLWHA in the provision of
services and employment.
60. One of the policies of the National Programme is to ensure that no child
with the HIV infection will be deprived of an educational
opportunity.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
Free & Compulsory Education
61. The Education Law
provides for free compulsory education for all Caymanian children in the Islands
of school age. NonCaymanian
children of school age, who are legally resident in
the Cayman Islands, are eligible for admission to government schools but are
required to pay a tuition fee ranging from $250 at the primary school level to
$400 at the upper secondary level.
62. There are 20 primary and 9 secondary schools, some of which are operated
by churches or other private organizations. Of this number,
Government
maintains, entirely at public expense, eleven (11) Primary schools, one (1)
Middle/junior high, two (2) Secondary High
Schools, one (1) special school for
mentally and physically challenged pupils and one (1) Alternative Centre for
students with severe
behavioural problems in Grand Cayman; and in Cayman Brac.
There is also a small Education Centre serving a few pupils in Little
Cayman.
63. As at June 2004, there were 6062 pupils enrolled at the
government/private primary, specialist, centres and secondary levels,
of which
3004 were girls, and the teaching staff totalled 251 at the primary level
and 249 at the secondary level.
The Schools’ Inspectorate
64. The aim of the Schools’ Inspectorate is
to contribute to continuous school improvement in the Cayman Islands, through
rigorous
external evaluations of schools and by providing high quality policy
advice and training. Inspectors are guided by the criteria in
the Cayman Islands
Handbook for the SelfEvaluation and Inspection of Schools. This framework
for inspection has been developed from international best practice and adapted
to our local context. Each school receives
an inspection every four to six
years. The inspection identifies the school’s strengths and the areas that
need to be improved.
Education of Disabled Children
65. The Light House School is the designated public
school in the Islands which educates disabled children in the Islands. The
school
currently utilizes the COACH (Choosing Outcomes, & Accommodations for
Children) educational planning tool which is used to identify
Individual Long
and short term objectives which are used to write and implement student IEPs.
The entire process is done on the entry
into school, and annual reviews are
completed thereafter with monitoring procedures throughout the year.
Curriculum
66. The curriculum offered in government schools is
wellbalanced covers a wide range of subjects. Educators adapt the curriculum to
suit the needs of all students. Differentiated teaching is encouraged to ensure
that all students are given equal opportunity to
learn. Students who graduate
from high schools are awarded a graduation certificate.
Access to Scientific & Technical Knowledge
67. The ITALIC Programme, which was established to
utilize information technology for the improvement of teaching and learning in
schools in the Cayman Islands, has received a budget allocation of CI$12 million
over the last five years. As a result, every teacher
in the government school
system has been provided with a laptop computer; there are now significant
numbers of computers in all schools;
ICT programmes have been implemented to
improve literacy and numeracy; and ICT training has been provided for all staff
so as to
ensure that all staff are ICT literate.
School Literacy Initiatives
68. Most schools, primary, middle and high have a
school literacy action plan to address the literacy needs of the school.
Individual
schools are encouraged to initiate literacy programmes to make
students and parents aware of the importance of literacy. Examples
of programmes
done include: “Rookie Bookie, Reading The Key to Success, Just For The
Love of Reading and Literacy +2000”.
Budget Allocation
69. Concern over the results of recent statistical
research on literacy has prompted the establishment of a Literacy Working Party
and the inclusion of a new output in the 2006/7 budget, specifically designed to
address literacy. This has been allocated CI$1.5
million in funding, which will
be utilized to, amongst other things, appoint greater numbers of literacy
specialists and support
assistants.
Leisure, Recreation and Cultural Activities
70. The National Children’s Festival of
the Arts. One of the primary ways in which the Education Department fosters
cultural development is through the annual National Children’s
Festival of
the Arts (NCFA).
71. The NCFA is the vehicle through which the creative talents of all
government and private school age children in Grand Cayman,
Cayman Brac and
Little Cayman is displayed. This year over 4000 children participated in vocal
music, instrumental music, speech,
drama, dance, creative writing, and art &
craft.
72. The Festival’s Art & Craft Exhibition which is not a
competitive and is designed to encourage creativity, expressiveness
and personal
development.
73. Our annual publication, the Coutts Collection of poems, stories and
essays has been sent to the publisher. It is a 122 page book
of 45 poems and 20
stories and essays which were prize winners in the Festival’s Literary
Competition. Interspersed between
the pages of the book are 10 pictures of
pieces from the 2006 NCFA Art & Craft Exhibition.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
74. The Juvenile system and the Youth Justice
system in the Cayman Islands are governed by the Juveniles Law, 1990 and the
Youth Justice
Law (2004) Revision. These two systems address the care and
protection needs of children and the rehabilitation needs of juvenile
offenders.
75. The Department of Children and Family Services assigns a social worker to
each child that passes through these courts. The foster
care needs of children
who require care and protection are met through the Department and the
rehabilitation needs of some children
are met by the CAYS Foundation and other
government run homes.
Preservation of Dignity and Worth of Young
Offenders
76. The Royal Cayman Islands Police (RCIPS) has
implemented a number of measures to ensure the protection of juveniles’
rights
as it relates to being treated in a manner that is consistent with the
promotion of the child’s sense of dignity and worth.
77. The RCIPS has a specialist department that was formulated to handle
issues involving juveniles and young persons; this department
is known as the
Family Support Unit “FSU”.
78. Upon receiving a report involving a child the FSU immediately contacts
the Department of Children and Family Services to have
a social worker assigned
to the child and the parents of the child. The social worker is usually involved
in all aspects of the investigation/intervention
conducted by the Police.
79. Children who have committed criminal offences are subject to the same
rules as adults, however, when they are to be interviewed
efforts are usually
made to ensure that either a parent or guardian is present during the interview
process. At times the social
worker is the individual who attends with the child
due to the lack of parental or family support of the child.
Measures taken to Prevent or lower the level of Criminal
Conduct of Young Persons
80. The DARE (Drug Abuse Resistance
Education) programme is an initiative of the Royal Cayman Islands Police
Services whose primary purpose is
to target the youth through camps and
awareness programmes on the negative implications of the consumption and
consequences of the
use of soft and hard drugs.
81. The Royal Cayman Islands Police service (RCIP) implemented the (DARE)
Drug Abuse Resistance Education programme in the primary
schools of Grand Cayman
in January 2000. At present all public and private schools in the Cayman Islands
participate in the DARE
programme with about 550600 students graduating each
year from the programme. The scope of the DARE programme has also expanded to
teaching children about drugs and life skills. At present, the RCIP has
allocated 7 officers 6 on Grand Cayman and 1 on Cayman Brac
to ensure that all
the year 6 students of the Cayman Islands have the opportunity to participate in
the programme.
Drug Abuse
82. The National Drug Council has sought to educate
the youth through questionnaires and educational awareness campaigns. The NDC
compiles data received from the surveys to monitor the incidence of drug use in
children as well as their involvement in the production
and trafficking of
narcotic and psychotropic substances. The NDC has compiled the data according to
age, gender, social and ethnic
classes. Overall the NDC reports illustrated the
changes in drug use between 2000 and 2002. These highlighted the decline in
tobacco
use among 9th and 11th graders whilst
11th graders showed an increase in alcohol use. Heavy drinking
increased amongst 10th graders and ganja use increased amongst the
total sample and amongst males and 11th graders. Gender difference
occurred for ganja and heavy drinking; with males reporting a higher rate of use
that females.
FALKLAND ISLANDS
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. A Children and Young
People’s Strategy Group (“CYPSG”) has been formed to champion
and be an advocate for the
rights of children in compliance with the Convention.
With regular monthly meetings, there is an expectation that the CYPSG monitors
progress and outcomes and reports on a regular basis to the Executive
Council.
2. Steps have been taken to bring the Convention to the attention of the
wider community. The Girl Guides have recently held a residential
weekend which
focused on looking at Children and Young People’s rights and
responsibilities. They have been working towards
new badges exploring the rights
of individuals. The first meeting of voluntary and community group leaders, who
work with and for
young people, including uniformed groups, has been held and
the UNCRC has been brought to their attention and avenues of discussion
as to
the part they can play have been opened. A Children and Young People’s
Awareness week is planned for November 2006, when
the fundamental rights of
children will be given a high profile and their place within the CRC
explained.
3. In 2005 a review of existing child care provision was carried out, with
the support of Shackleton Scholarship funding. The outcome
of that review was a
set of written recommendations indicating where improvements could be made.
These included regulation of child
minding, legislation relating to adoption and
regulation of nursery provision.
4. In order to gain a realistic assessment of the legislative basis and
progress made in respect of compliance with the Convention,
the Falkland Islands
Government has accepted an offer by the NCH to review all of the legislation
pertaining to children with a view
to advising on to what extent it is UNCRC
compliant. All new legislation will be checked by the Attorney General to ensure
that it
is UNCRC and Human Rights compliant, as well as being compliant with the
written constitution of the Falkland Islands.
5. The Falkland Islands does not have a formally constituted Human Rights
Committee. This is a matter which will be raised for discussion
and
consideration with the Executive Council of the Islands. The European Convention
on Human Rights has not been incorporated into
Falkland Islands law, and the
Human Rights Act 1998 has not been applied to, nor been replicated in, the
Falkland Islands.
6. The Administration of Justice (Amendment) Ordinance 1998 included an
important amendment to the Administration of Justice Ordinance,
by replacing
s.47 (2) to state, amongst other things, that there shall be no limitation
on the time within which a prosecution may
be commenced for any sexual offence
committed upon or in relation to a person aged under 16 at the time of the
offence. Prior to
this amendment such sexual offences committed on those under
16 were strictly time limited, which hindered the prosecution of a number
of
offenders.
7. Reservations by the United Kingdom of Great Britain relating to Articles
32 and 37c remain in place for the Falkland Islands. Militating
against
those reservations there is legislation in force in the Falkland Islands which
governs child labour. The law is contained
in the
Employment of Children Ordinance 1966, as amended in 1968, 1985 and 2006. In
respect of Article 37 (c), the current position has changed
little since the
previous report, but progress is now envisaged with budgetary provision being
made for improvements.
8. Stanley Prison, housed in the Stanley Police Station, is governed by the
Prison Ordinance 1966. The Ordinance provides for the
segregation of male
and female prisoners, prisoners under the age of seventeen years from prisoners
over that age, criminal and trial
prisoners from civil prisoners, trial
prisoners from convicted prisoners and any other such class may be separated
into such divisions
as may be prescribed. The present prison has a female cell
on the first floor of the prison totally separating it from the main cell
area,
on the ground floor. This cell has been designated a Young Offenders Institute.
It is a selfcontained cell with toilet and
washbasin facilities and is connected
by a call button to the Police control desk.
9. Since 1996, only two custodial sentences have been imposed upon
under 18 year olds following prosecution of children. The NGO NCH
have
carried out an assessment of the system and practices which are prevalent
in the Falkland Islands. From this was devised an
Action Plan which detailed the
steps which need to be taken to make further progress towards full compliance
with the Convention.
10. Despite the existence of the Family Law Bill and the Children Ordinance
1994, there currently exists no legislation regulating
fostering, child minding
or the provision of early years, either as to the persons undertaking such
activities or the premises in
which they may be undertaken.
11. Part 1 of the Sexual Offences Act 2003, creates a framework of sexual
offences, setting out new categories of offences involving
abuse of trust, care
workers and people trafficking, amongst others. The protection of children is
one of the primary objectives
of the Act. Children under the age of 13 will not
be capable in law of giving consent to any form of sexual activity. Developments
in technology and the Internet are also dealt with.
12. The Finance Ordinance 2005 amended the Family Allowances Ordinance to
state that family allowance is no longer payable to a person
who does not hold a
permanent residence permit or Falkland Islands Status, except where the child in
question does have Falkland
Islands Status. The rate of child allowance is now
£53.50 per month (from the 1st January 2003) but additional
single parent’s allowance has been abolished since the last report.
13. Changes in the Criminal Justice Ordinance provide that no court shall
pass a sentence of imprisonment on a person under 21 years
of age or commit such
a person to prison for any reason (other than on remand in custody or committed
in custody for trial or sentence).
To be sentenced to a Young Offender
Institution a male must be under 21, and at least 14, and a female must be under
21 and at least
15. It is currently proposed that the difference between genders
be eliminated by legislative amendment.
14. The Sexual Offences Act 2003, as applied to the Islands by the Sexual
Offences Ordnance 2005, makes the age of consent for both
heterosexual and
homosexual sex 16 years of age.
15. Of major significance is the new Criminal Justice (Evidence) Ordinance
2000. This is an important Ordinance amending the law relating
to the giving of
evidence. It includes special measures for vulnerable and intimidated witnesses.
Children under the age of 17, amongst
others, are eligible for the assistance
the Ordinance provides.
CHAPTER II: DEFINITION OF THE CHILD
16. For the purposes of this report the definition
of “child” remains unchanged from the initial report. That is, it is
used to denote a person under the age of 18 years (that is to say any person who
is not an adult).
17. Previously, in respect of corporal punishment boys were treated
differently from girls, in that it was unlawful for a child under
11 to be
corporally punished but that such punishment for a child over 11 would be lawful
in the circumstances stated therein. The
Education (Amendment) Ordinance 2002
made corporal punishment of any pupil at any school in the Falkland Islands
unlawful.
18. The Employment of Children Ordinance 1966, amended in 1968, 1985
and 2006, provides protection for children from working in hazardous
conditions.
19. The Criminal Law (Miscellaneous Provisions) Ordinance 2003 made various
amendments to the Crimes Ordinance and the Criminal Justice
Ordinance. Prior to
this, it was presumed that a child over 10 years of age was incapable of
committing a criminal offence, but this
presumption was capable of being
rebutted. Now there is no such presumption to rebut.
CHAPTER III: GENERAL PRINCIPLES
20. The policy of the Falkland Islands Government
that the best interests of the child shall be of primary importance remains as
cited
in the initial report. The Children Ordinance 1994 persists as the
legislative instrument.
21. In 1996 the Falkland Islands Government implemented legislation to ensure
the wearing of seat belts by all children carried in
motor vehicles.
22. The best interests of the child are integral to the work of the Social
Work Department. Through the processes of initial assessment
and case planning,
reviews and care proceedings the child’s interests remain paramount. Staff
in both the Social Work Department
and the Royal Falkland Islands Police Force
have undergone “Achieving Best Evidence” interview training. This
training
equips relevant staff to undertake sensitive interviews utilising a
process which keeps central the best interests of the child throughout
the whole
of the required processes.
23. As the Islands have a small population of approximately 3000 there are
limited health resources. The limitations are not only
related to cost but also
with the skills required to work in an island environment. Therefore no resident
obstetrician or neonatology
team are present on the Islands. The health visitor,
who is UK trained and registered, is the trained health carer for children.
24. Demonstrating respect for the views of the child is a developing concept.
A Young People’s Working Group was set up in July
2005. The Group
undertook a survey which involved all children in the Islands aged 9 and over.
Within the Education Department there
are various forums through which children
are able to express their views and opinions. The secondary school has a school
council
which gives senior school members the opportunity to give feedback to
the Education Department. The Infant/Junior school also has
a school
council.
25. There are, however, omissions in provision for some groups. For children
whose first language is not English, the systems in place
to support learning of
English as a Second Language is underdeveloped. Thus the opportunity for them to
express themselves, their
views and opinions is limited. Steps are being taken
to rectify this. The Infant/Junior school has recently engaged a member of staff
who is bilingual and a programme of support for Spanish speaking children is
being formulated.
26. Progress has been made in catering for children with Special Educational
Needs but as yet this is not embedded into the education
system and is addressed
on an ad hoc basis dependent upon the required needs at any one time. Specialist
support from the United
Kingdom is made available for assessment of needs and
also regular visits by an Educational Psychologist support the development
of
individual learning plans. The Health Visitor and Social Services Team work
closely with children who are identified as having
special needs at an early age
and involve other professionals as necessary.
27. In the Falkland Islands no child is subject to the death penalty. Section
2 (i) of the Falkland Islands Constitution specifically prohibits the imposition
of the death penalty.
28. For as long as records have been kept there have been no recorded
suicides amongst children and young people.
29. During 2005, 327 Chlamydia tests were carried out in the Falkland
Islands. This includes those which were routinely administered
in conjunction
with cervical smears. 29 results of these tests were positive but none of these
related to the 18 and under age range.
Also carried out during the year were 42
syphilis tests, 76 HIV tests and 60 Hepatitis B tests all of which were negative
(c.f. Section
VI).
30. In 2005, the Social Work Team received 20 child protection referrals and
34 referrals for children in need. 8 children were on
the child protection
register in 2005 due to assessed risk of emotional/physical harm, neglect or
sexual abuse.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
31. The period of registration for new born babies
in the Falkland Islands has been reduced from 6 weeks and all babies born
are now
required to be registered within 10 days of their birth.
32. As recorded in the previous report, there is no fundamental right of
privacy afforded through the Constitution. Unlike the United Kingdom there is no
data protection legislation in force in the Falkland Islands. There is also no
Freedom of
Information legislation in force in the Falkland Islands, except the
committees’ Access to Information Ordinance. However,
as a matter of
policy Government Departments act in accordance with the Freedom of Information
Code which preceded the Freedom of
Information Act in the United Kingdom.
33. The right to administer corporal punishment to boys over the age of 11
with parental consent has been abolished, and to inflict
corporal punishment on
a child is now unlawful.
34. There is no Minimum Wage legislation in the Falkland Islands and
therefore there is no minimum wage data on people claiming social
welfare
benefits or those who are engaged on the employment programme. As a consequence
there are no accepted measurements of poverty.
What is apparent is that the
numbers of people, including young adults seeking support through the employment
programme and social
welfare payments, are increasing.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
35. Considerable progress has been made to raise
the profile of good parenting and the benefits this has for the development of
the
child. Health, Social Services and Education Departments all play a part in
this progress. Antenatal classes and good parenting courses
are provided through
the Health and Social Services Department. Child Development GCSE and a local
certificate for “How to
be an Effective Babysitter” are offered at
the secondary school.
36. A policy decision was taken no longer to provide longterm residential
provision for children and young people in the Falkland
Islands. There is
however provision for emergency residential placements and foster placements
(respite, short term and emergency).
The care plans for children who are looked
after away from home or have respite care are conducted in line with UK
guidance. Children
and young people’s views are integral to the process.
37. For adoption various provisions of the English Adoption and Children Act
2002 are applied to the Falkland Islands, subject to
general modifications, by
virtue of the Interpretation and General Clauses Ordinance 1977. As a matter of
good practice, adoption
is a measure of last resort, and it is the intention to
present an Adoption Bill to Executive Council for the Falkland Islands, to
ensure clarity as to what provisions are in force.
38. From the start of life, the midwives provide caseload management so that
most pregnant women are cared for by one midwife throughout
their pregnancy and
labour. The small community brings the added benefit that all the women
concerned will know all the midwives.
39. A Child Protection Register is maintained. A designated Police Sergeant
is the custodian of the Register. Child protection training
“Safeguarding
Children” is undertaken annually, supported by the Falkland Islands
Government and is available for all
members of the community. Child Protection
awareness training is included in government induction programmes.
40. There is no formal system for recovery of maintenance on behalf of a lone
parent i.e. there is no system in place similar to that
of the Child Support
Agency in the UK. If a single parent with a child is applying for welfare
benefits there is an expectation that
he/she will make every attempt to recover
maintenance payments from the absent partner.
41. A system of welfare benefits does exist and the policy which is applied
follows the United Kingdom policy. However, there is no
statutory right to
welfare benefit in the event of unemployment.
42. On 1st March 1997 the Child Abduction and Custody (Falkland
Islands) Order 1996 came into force. The Order provides that the provisions
of
the Convention on the Civil Aspects of International Child Abduction and the
European Convention on Recognition and Enforcement
of Decisions concerning
Custody of Children and on the Restoration of Custody of Children, as set out in
the Order shall, with modifications,
have the force of law in the Falkland
Islands.
43. At present there are no regulations for childminders or nursery
education. An independent expert visited the Islands at the beginning
of 2006
and has made recommendations to Executive Council with regard to early years
service provision.
44. The Human Resources Department of the Falkland Islands Government
requires enhanced vetting clearance for those persons employed
by the Falkland
Islands Government who will be working, or whose work will bring them into
contact, with children.
CHAPTER VI: BASIC HEALTH AND WELFARE
45. The King Edward VII Memorial Hospital
(“KEMH”) in Stanley remains the main focus for health services for
the Falkland
Islands. This means that primary care, secondary care, emergency
care, pharmacy and dentistry are all based in the same building.
Visits by
specialists increase the range of services available to the population on a
regular basis. Emergency health services within
Stanley are provided by a
casualty nurse who is on call, outside of routine working hours. There is an
oncall GP available who will
respond as requested. For more remote locations,
the RAF can be requested to respond with a Search and Rescue helicopter. The
Falkland
Islands has established links to secondary and tertiary services in
both UK and Chile. Health services are generally supplied free
of charge at the
point of provision to all people who fulfil the required criteria: that is
Falkland Islanders, people with a Permanent
Residence Permit and anyone with a
work permit of more than 6 months and their families.
46. Immunisation programmes are comprehensive and since 2000 only one child
from the local population has not completed the course
of immunisation provided.
In this case the booster MMR was refused by the child’s parents.
47. In Stanley, as a rule, domiciliary visits are made by a Government
employed midwife up until the child reaches six weeks of age.
Thereafter, if it
appears necessary, home visits are made by a Health Visitor. Particular care is
taken with those children who appear
on the “At Risk” register.
Developmental checks are maintained on all children at 6 weeks, 8 months and
prior to starting
school. Hearing is checked at 8 months with the Distraction
Test by the Health Visitor.
48. All school children have their sight screened regularly by a Health
Visitor and/or ophthalmic trained nurse. Specialist testing
is carried out
during the regular visit of a specialist optician. Spectacles (with a price
limit on the frames) are provided free
of charge to children in full time
education.
49. All schoolchildren have their oral health checked by a dentist on an
annual basis.
50. In both the primary and secondary schools there is a very active
Personal, Social and Health Education programme. This is supported
by the health
service whenever they are invited to attend. This includes discussion on the
responsibilities of the adolescent and
talks about sexually transmitted diseases
and it is through this aspect that HIV/AIDS awareness is raised. Circle time in
the primary
sector encourages pupils to discuss issues which are a cause of
anxiety and worry and therefore promotes emotional health and well
being.
51. Although there is an inadequacy in the legal framework with regard to
children with disabilities, their needs have always been
met following
consideration on a case by case basis. Where children come into the education
system, either through immigration, as
the children of contract workers, or are
children with Falkland Islands Status, resources and staffing are sought to meet
their specific
and individual needs. A system of accredited training is being
developed to create a pool of suitably qualified staff to meet adequately
the
needs of such children in the future.
52. Multiagency departmental working is developing well and regular core
group meetings are held to discuss and plan services for
individual children.
53. A group, run by parents with the assistance of the Social Services Team,
provides a support service for parents whose children
have additional needs.
This has been in existence for eighteen months. This is additional to the
support afforded to parents with
children who exhibit Autistic Spectrum
Disorders.
54. Carer assessments are undertaken and attendance allowance is available to
support families where additional care is required.
55. Links are made with various specialists who visit the Islands
periodically from the United Kingdom, to assess individual children
and
provide a consultancy service to professionals and families where appropriate.
The professionals include obstetrician/gynaecologist,
paediatrician,
occupational and speech therapists, educational psychologists, developmental
psychologists, and professional educationalists
who specialise in supporting
children with special educational needs both in mainstream and specialist
provision.
56. In the last 12 months, a day care services has been established for
children and young adults with additional needs.
57. Breastfeeding is promoted within the Falkland Islands with close
midwifery contact with expectant and new mothers and good access
to health
visitor support. While the number of women starting to breast feed is relatively
stable there is a noticeable fall off
at 6 weeks. This does not appear to be
through lack of encouragement or support but may be due to an early return to
work by mothers
with financial pressures.
58. Child benefit of £53 per child is available for all children where
the parents/carers have Falkland Islands Status, but it
is not available for the
children of “contract workers”.
59. A parent and baby/toddler group, Jelly Tots, meets twice a week in the
church hall. The committee members are volunteers. The
Health Visitor and
Physiotherapist regularly attend this group and meet informally with
parents.
60. The Leisure Centre provides free swimming sessions for children and an
accompanying adult. There is one charity and one independent
provider who
provide day care for preschool children. They both provide before and after
school clubs for school age children and
supervise lunch times.
61. The Royal Falkland Islands Police delivers, through a fully trained and
affiliated officer, the Drugs Awareness Resistance Education,
(“DARE”), programme at primary school level at year four and year
six.
62. Contraception is available free of charge at the point of provision.
Children under 16 and over 14 can be prescribed contraception
if considered to
be competent to consent. Children under 14 require the permission of their
parent or guardian. In 2005, 29% of 15
year old and 63% of 16 year old
girls were taking the contraceptive pill, suggesting that they may be sexually
active.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
63. Fundamentally, the school organisation of the
Falkland Islands remains as described in the initial report. That is the
Infant/Junior
School (“IJS”), the Falkland Islands Community School
(“FICS”) and the Camp Education Service. The National
Curriculum
delivered remains in line with that of England.
64. Currently there are 230 pupils on roll in IJS, 173 on roll in FICS but
the most significant change is that whereas there were
45 children being
educated through the Camp Education Service, presently there are only 22, of
which 4 are of secondary age, the
remainder being in the primary phase of their
education.
65. Accordingly, the number of staff have reduced to 5 in total, and the
number of settlement schools has been reduced as currently
they are not
required.
66. Commentary arising from the last report pointed to the underachievement
of boys in the Falkland Islands. The latest census report
in 2001 indicated that
secondary school qualifications, such as GCSE, had risen by 39% since 1996 and
vocational qualifications had
risen by 31% as a result of the strong educational
drive by the Government and the Falkland Islands Development Corporation. The
latest statistical data for Key Stage 2 Standard Assessment Tests
(“SATs”), (c.f. para. 389) from IJS indicates that
the gap in
attainment between boys and girls has been reducing steadily, although there
remains room for improvement especially in
English.
67. The majority of students from the Falkland Islands access post16
education through United Kingdom Further and Higher Education
establishments.
68. The Education Ordinance remains the main legislative document governing
the education service. Two major amendments have been
made to that Ordinance.
Firstly, the age parameters of statutory school provision were changed from
compulsory education at 5 years
of age to 15 years of age to compulsory
education from 5 years of age, with the upper compulsory limit being 16
years of age. This
brought the compulsory schooling into line with United
Kingdom provision.
69. The second major change was the Education (Amendment) Ordinance 2004
which provided for changes in the academic year. This altered
the fundamental
pattern of the school year to align more closely with the academic year
structure which is widespread in the Northern
Hemisphere, in essence the English
school year.
70. A partnership arrangement has been entered into with Chichester College
of Further Education which seeks to establish a post16
outreach provision from
the College in the Islands. This will enable all students to have access to
Further Education should they
wish to pursue further study.
71. Allied to this, it is apparent that the GCSE route, the only route
currently available to students, does not suit the talents
and aptitudes of all
the students as a way of maximising their learning potential. Plans are
therefore in hand to offer alternative
pathways to accreditation at 16 through
vocational studies from 14 years of age.
72. Changes with regard to the provision for those pupils who have Special
Education Needs (“SEN”) are also in place.
In September 2006, a
pilot project is taking place to create an inclusive Learner Support Unit for
all children who have SEN. The
primary aim of the Learner Support Unit is to
address the presenting difficulty as quickly as possible and where appropriate
reintegrate
the children back into mainstream provision. For some children,
where the difficulties are acute, it is envisaged that the support
and security
of the Unit may be required throughout their school career.
73. Two innovations in curriculum provision are the introduction of Careers
and Citizenship programmes. The former allows children
to investigate a variety
of career options and investigate the required qualifications to access that
form of employment. The latter
enables the development of a knowledge and skills
base related to good citizenship with a particular focus on the history and
culture
of the Falkland Islands.
74. Over the last twelve months the IJS has developed a genuine extended
school ethos. It is truly a school at the heart of its community.
It practices
an open door policy and genuinely welcomes parents and friends of the school to
participate in school and after school
activities. Parents have formed a
Parents’ Association, whose aim is to increase the range of learning
resources which are
available to support the children’s learning. The
range of after school activities has increased tremendously and children
are now
able to access activities such as music groups, ballet, homework clubs and short
tennis plus many more as after school activities.
It is intended that this ethos
and style of provision will be available to secondary age pupils in the near
future.
75. There is now a need to consider specific support to children for whom
English is a Second Language in order that they can access
the given curriculum
and not be disadvantaged as a consequence of language barriers. This requirement
is applicable to both schools
in the Falkland Islands. First steps have been
taken in IJS to provide intensive support to such pupils. Recent SATs analysis
shows
that this provision is effective in that these children are in fact
maintaining progress or even, in some instances, attaining higher
than their
English speaking counterparts. This provision, formally provided on a somewhat
ad hoc basis, will be regularised in FICS
in September 2006.
76. Through the Training Unit of the Education Department the accessibility
of NVQ accreditation has been open up to not only children
and young people but
also the community as a whole. Accreditation up to Level 3 is now available
locally in a range and increasing
number of subjects.
77. The Leisure Centre, adjacent to and an integral part of the FICS
curriculum provision for physical education, remains a high profile
provision in
Stanley. The facilities continue to be well used and a change in membership
criteria, with the introduction of cardiovascular
equipment in a gymnasium, has
done much to increase the overall takeup of physical exercise as a leisure
pursuit.
78. There is a strong tradition of live music in the Falkland Islands and
children and young people are heavily engaged in this activity
both in events
linked to the school and in other community activities. The standard of music
teaching and engagement is exceptionally
high.
79. The Falkland Islands Defence Force (“FIDF”) and the Shooting
Clubs provide an outlet for recreational pursuits for
older children. The
minimum age for joining the FIDF remains at 17 (FIDF Ordinance 1991) and there
are no plans to increase this
age.
80. For the size of the community there are a considerable number of clubs
and activities which are available to young people and
children. The full range
of uniformed groups continues to attract children to their membership together
with other activities such
as the Junior League Darts which has proved very
popular. A full list of clubs is detailed in Appendix 25.
81. The equivalent of Youth Club facilities are provided in Government
sponsored accommodation known as “The Shack”. This
is a facility
which is available to young people, the early session being for preteens and the
later session until 9.00 pm being
for teenage children.
82. Permanent exclusion from school is not contemplated in the Falkland
Islands as there is no provision, other than the schools,
at which children
could access their entitlement to education. Where children are experiencing
difficulties in accessing their entitlement
through the mainstream provision,
the newly instituted Learner Support Unit is designed to meet those needs.
83. Regular visits from Educational Psychologists and Assessment specialists
ensure that the needs, requirements and progress of pupils
with SEN are met.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
84. Given the unpredictability of the environment
in the Falkland Islands and the difficulty in detecting the specific mines laid
during the 1982 conflict, landmine clearance in the Falkland Islands is
particularly hazardous and presents significant technical
challenges and risks.
Since August 1982 the minefields have been clearly marked and have very little
impact on the local community.
When landmines do surface they are cleared by the
Explosive Ordnance Disposal teams based on the Islands as part of their duties.
These teams also give regular briefings to local groups, in particular youth
groups and school pupils, to ensure that from a very
early age children are
aware of the dangers that landmines present, and what actions they should take
should they encounter one.
85. It remains the case, as cited in the previous reports, that since 1996
there have been no refugees and/or illegal immigrants to
the Falkland
Islands.
86. With regard to armed conflict, the small Falkland Islands Defence Force
(“FIDF”) remains in existence. This is governed
by the FIDF
Ordinance 1991. The minimum age for joining is 17 and there are no plans to
amend this.
87. For the most part the facts reported in the previous submission remain in
place. When children are in conflict with the law there
is no substantial change
in the law and policies in this area from that last reported. There do not
exist, in the Falkland Islands,
youth panels or any other alternatives to
prosecution for children and young adults, apart from criminal cautions. The
Code of Practice
for Prosecutors paras. 8.8 & 8.9 states that Crown
Prosecutors must consider the interests of a youth when deciding whether it
is
in the public interest to prosecute, and that the seriousness of the offence and
the youth’s past are very important considerations
to be taken into
account.
88. There is no apparent drug abuse amongst children other than alcohol and
tobacco. The Royal Falkland Islands Police together with
the Customs Department
work closely in preventing the import of drugs.
89. Further steps have been taken to prevent children from sexual
exploitation and sexual abuse. A Multi Agency Public Protection
Group
(“MAPPA”) has been established to monitor and undertake initial risk
assessments of violent and dangerous persons
and sexual offenders in the
community.
90. A Consultant Psychiatrist specialising in the assessment and treatment of
sex offenders visits the Island twice a year to assist
in the planning for these
individuals. Funding has been agreed in the 2006/07 training budget for
professional HR20 training which
will equip members of the MAPPA group and other
significant community professionals to undertake risk assessments of convicted
and
nonconvicted individuals.
91. There are no homeless children or young adults in the Falkland Islands.
Many young adults continue to live at home or within their
extended family
circumstances. Extended family support is considerable within the Islands.
92. Training for professionals within the legal and justice systems has been
limited, sporadic and fragmented. The funding for professional
training is
somewhat limited and thus, training is focussed more on individual research and
case law rather than specifically focussed
inputs. Training for social workers
has been more systematic and inputs from NCH and representatives of the United
Nations have ensured
that all social workers are conversant with the
requirements of the Convention.
MONTSERRAT
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. The partial withdrawal
of the reservations by the United Kingdom cannot be extended to Montserrat,
until further adjustments to
the legislative framework are made. Two new pieces
of legislation with implications for the Rights of the Child have been enacted.
These are the Education Act 2004 and a Family (Protection against Domestic
Violence Act) (Cap. 5.05).
2. Draft Child Welfare and Protection, Status of Children, Adoption, Family
Court, Juvenile Justice and Domestic Violence Bills have
been prepared and are
being reviewed by the Legal Department. Some level of law reform has been
undertaken; the classifications of
legitimate and illegitimate children, has
been removed under the Registration of Births and Deaths Act
(Cap. 6.13).
3. There is at present no National Action Plan on Child Protection in place
but one is being formulated and it is expected to be implemented
in 2007.
4. The evacuation plan of Disaster Management Coordination Agency (DMCA)
includes children as part of the family. A key aim under
this plan is to ensure
that during evacuations no children are separated from their families.
5. Community groups and church groups still support and promote the
development of children. Two new groups have been recently established,
the
Montserrat Early Childhood Association (MECA) and the Parent Education Group
(PEG).
6. A Human Rights Reporting Committee (HRRC) has been established and
currently all Human Rights issues come under its remit. The
HRRC is comprised of
representatives from pertinent Public and Private Sector Agencies. Its main
purpose is to prepare the reports
required under each convention and make them
available for public consultation.
CHAPTER II: DEFINITION OF THE CHILD
7. The Education Act 2004 has changed the maximum
compulsory school age to sixteen years, and provides for early childhood
education to children from the age
of 1 year.
8. The proposed Juvenile Justice Bill would change the definition of Juvenile
from a person under the age of 14 to a person under
the age of 18 years of
age.
9. The Juvenile Justice Bill would also change the age of responsibility from
age ten, [under the Penal Code (Cap. 4.02)], to twelve
years of age. If however
a child under the age of 14 commits an offence, the Crown must prove beyond
reasonable doubt the child had
the requisite criminal capacity.
CHAPTER III: GENERAL PRINCIPLES
10. Section 36 of the Constitution expressly
prohibits discrimination, and the Laws of Montserrat which relate to children
and the services provided for children by
the Government apply for the most part
without discrimination.
11. Children of nonnationals pay for some health services, which are provided
free for children of nationals.
12. The Education Act 2004 provides that no child who is eligible for
admission to school should be denied such admission on discriminatory grounds.
By virtue
of this provision teenage mothers are now permitted to return to
school.
Best Interest of the child
13. There has been no change to this requirement
under the provisions of the Juvenile Act, Guardianship of Infants Act, and the
Adoption of Children Act. The best interest of the child is also a consideration
of the Court when granting tenancy and
occupation orders under the Family
(Protection against Domestic Violence) Act (Cap. 5.05).
Respect for the Views of the Child
14. A vibrant Youth Parliament on Montserrat is
comprised of members who are democratically elected by the youth of Montserrat.
At
present the Youth Parliament interacts informally with the members of the
Parliament, but plans are in place to develop mechanisms
through which the Youth
Parliament can participate directly in the policy making of the Government of
Montserrat.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
Name and Nationality
15. All children are
registered under the provisions of the Registration of Births and Death Act
(Cap. 6.13) within 21 days after
birth.
16. Children born in Montserrat receive British Overseas Territory
Citizenship in accordance with the provisions of the British Nationality
Act
1981 as amended.
Access to appropriate information
17. All children in Montserrat have access to the
services provided by the Public Library. The Library also provides a mobile
service.
It visits all the primary schools once a week. Some primary schools
have their own library.
18. Television transmission from the local TV station and cable services are
provided island wide. Through Cable TV services children
have access to a wide
range of programmes with instructional, educational and entertainment value.
Internet Access and worldwide
email is popularly received by all sections of the
community. The primary schools have computers available for use by the students.
The Secondary School has two computer labs and the Community College also has
computer labs.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Parental guidance and Responsibility
19. Under the Education
Act 2004, parents are responsible for ensuring that their children of compulsory
school age attend school. Failure to do so may result in
the parent being
liable, upon summary conviction, to a fine.
20. There are no formal policies on Parenting, but community groups such as
the Parent Education Group seek to enhance parenting skills
through educational
programmes, and The Montserrat Early Childhood Association (MECA) educates
parents on the importance of early
childhood stimulation and education to the
total development of the child.
Domestic Violence
21. New domestic violence legislation has been
enacted. The Royal Montserrat Police Force has developed a Domestic Violence
Hotline.
A Family Centre has been established where a Community Beat Police
Officer and a Community Development Officer provide assistance
to the victims of
Domestic Violence.
Punishment
22. The Education Act 2004 provides that in the
enforcement of discipline degrading or injurious punishment must not be
administered. Under the Act corporal
punishment can be administered but only in
circumstances where no other punishment is considered suitable. Corporal
punishment can
only be administered by the principal, vice principal or a
teacher appointed for that purpose and must be administered in accordance
with
strict guidelines.
CHAPTER VI: BASIC HEALTH AND WELFARE
Adolescent health
23. Family planning and
sexual health education form part of the curriculum in the Secondary School, and
the Youth Peer Educators
have undertaken island wide HIV/AIDS campaigns targeted
at adolescents. Students at the Montserrat Secondary have access to school
Counsellors.
Survival and development
24. In the period 19992004 infant, child and
maternal mortality rates were nil and only two persons under the age of 18
died.
25. 100% of the population under five years of age is immunised against
diphtheria, pertussis, tetanus, polio, TB, measles, mumps,
rubella, hepatitis B
and haemophilus influenza type B. Follow up immunisation is given to school
children at specified ages.
Disabled children and Children with special
needs
26. Children with Special Education Needs (SEN) are
within the classrooms of the primary schools. A teacher trained in SEN works in
the two Government primary schools with the most severe students. Another
teacher is presently undergoing training. A small Special
Needs Unit provides
services for children with physical and mental disabilities between the ages of
515.
Health and health services
27. Under a Bilateral Health Care Agreement the
United Kingdom accepts four patients a year for NHS medical treatment at UK
expense.
This covers the provision of health care only and all other expenses
are the responsibility of the patient. Facilities in Montserrat
include the
30bed St. John’s hospital, which covers all routine health issues,
xrays and minor operations, plus four primary
care clinics. Facilities are in
place for emergency medical evacuation to Guadeloupe and Antigua.
School Health programmes
28. Health and dental services are provided free of
cost to children in the primary health care setting. School Health checks are
performed regularly with children referred to appropriate specialists, as
necessary.
Services provided to expectant/nursing mothers
29. Health services for expectant mothers include
free prenatal and postnatal care and referral, where necessary, to specialist
services.
Expectant mothers are monitored throughout pregnancy at district
health centres and any deficiencies noted are corrected through
nutrition
supplement programmes and counselling.
30. The volcanic crisis continues to have a profound effect on traditional
social structures and support systems. Many families are
struggling to get by
and the Government of Montserrat has had to develop and fund substantial social
welfare and social development
services targeting vulnerable families with
children on island. These services are implemented by the Community Services
Department
and Social Welfare Office. Expenditure for welfare and development
services over period 20042006 has been approximately EC$ 2.432m,
EC$ 3.230m
and EC$ 3.329m, respectively.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
31. Education is free at Government nursery,
primary and secondary levels. Both universal primary and secondary education
have been
achieved and the early childhood programme has expanded with every
child from the age of two able to attend nursery school. There
are two
Government day care facilities, three nursery schools, two primary schools, and
one secondary school. There are also two
privately owned primary schools.
32. At age 11+, students automatically transfer to the Secondary School and
are placed into ability streams. At the fourth form they
follow an academic
and/or prevocational programme
depending on interest and aptitude. Students at this level follow the
Caribbean Examination Council (CXC) syllabus and can choose
from 25 subjects.
Examination results are generally higher than in most Caribbean countries.
33. The Montserrat Secondary School curriculum offers a wide range of
technical and vocational subjects including Visual Arts, Clothing
and Textiles,
Food and Nutrition, Agriculture, Woodwork, Technical Drawing, Electrical and
Electronic Technology, Building/Construction
and Hotel Trades.
34. The Montserrat Community College (established 2004) offers a growing
number of examination subjects to students. The University
of the West Indies
School of Continuing Studies offers a range of courses. Students can also study
for a degree programme by distance
learning.
Professional Development for individuals working with
children
35. The Ministry of Education (MoE) continues to
implement the DfID supported 20022007 Education Development Plan (EDP). Areas of
focus have been Literacy, Numeracy, Special Education Needs (Primary) and
Information Communication Technology (Secondary). Training
in the focus area has
been through workshops facilitated by IOW practitioners for all teachers from
daycare to secondary level. In
2006, two nursery teachers successfully completed
internship and graduated from the Community Early Childhood educators programme;
another teacher is currently in training.
36. The Montserrat Early Childhood Association (MECA) plays a vital role in
the community, providing relevant and pertinent information
to the public in
addition to conducting training sessions for private Early Childhood providers
and summer workshops for young children.
The professional development of
teachers continues to be a priority and inservice training was provided for both
new and practicing
teachers at all levels of the system. In addition,
inexperienced primary teachers visited other local schools to observe best
practice
and were in turn visited by their experienced counterparts.
37. The MoE recognizes the need for an alternative school/rehabilitation
centre and has included provision for it in the 2007 Business
Plan. The
establishment of such an institution depends on budgetary allocations made to
the Ministry.
Cultural activities
38. The Montserrat National Trust houses a small
exhibition detailing the history of Montserrat. Various groups put on public
performances
of a range of artistic activities from choirs to plays. Exhibitions
on topics such as crafts and photography are regularly organised.
At the end of
each school year students from all the Schools participate in an Annual School
Arts Festival.
39. A new Cultural Centre, constructed in Little Bay, will be formally opened
in early 2007. This building will help to enhance the
cultural activities
organized, and held in Montserrat.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
Juvenile Justice
40. Under the Juvenile
Act (Cap. 2.11) a court when dealing with juveniles must have regard to the
welfare of the juvenile; this must
be so whether the juvenile is in need of care
or protection or is before the court as an offender.
41. Unless charged together with a person who is not a juvenile, juveniles
who commit offences are required to be tried in the Juvenile
Court, which has
special powers and procedures appropriate to children. The general public is not
allowed in Juvenile courts and
Juveniles are kept separated from adult offenders
while at the police station and awaiting trial. There are no children or
Juveniles
deprived of their liberty in Montserrat.
Drug Abuse
42. Despite the fact that the possession and supply
of Drugs is a criminal offence under the Drugs (Prevention of Misuse) Act (Cap.
4.07) the use of marijuana seems to be on the rise among children in Montserrat.
Very few convictions have been recorded however
against juveniles due to the
fact that many of the Juveniles who appear before the Magistrate are first time
offenders. The Ministry
of Education in conjunction with the Royal Montserrat
Police Force run the D.A.R.E. program in the primary schools in the hope that
this would educate children on the dangers of drug use.
Refugee and internally displaced children
43. Internally displaced families all have access
to education and health services. Although only 76 people remain in temporary
housing
provided after the volcanic eruption of 1997, in general terms the
provision of new housing units remains a critical issue despite
some funding
from the EU and DfID.
44. No data is available on the situation of families that have left
Montserrat to take refuge in neighbouring countries or who have
settled in the
United Kingdom. There is however anecdotal evidence to suggest that a
disproportionate number of young Montserratians
who were displaced as a result
of the volcanic activity and who have grown up in the UK are being sentenced to
prison. A study to
examine the veracity of this claim and its root causes has
been proposed.
PITCAIRN ISLANDS
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. Pitcairn Island, with
an area of approximately 4.5 square kilometres, is the only permanently
inhabited island in the Pitcairn
Islands Group in the South Pacific. Pitcairn
has a population of less than 50 people of whom currently 9 are under the age of
18.
2. Pitcairn’s budgetary aid allocation was $2,255,669 in 20067 and is
projected to be $2,560,000 in 20078 (all figures in New
Zealand dollars).
Of this, over 9% is spent on education. A new school building was completed in
September 2006 at a cost of $240,000.
The UK Government also pays for two New
Zealand social workers to be stationed on the Island. (N.B. only one is
currently deployed.)
3. In 1999, allegations of sexual abuse of children by older men on Pitcairn
were made by a number of women. Most of the charges were
historical in nature.
The allegations were investigated by an experienced team from the Kent Police
assisted by a child abuse specialist
from the New Zealand Police. Following
their investigations, charges of child sexual abuse were laid against 7
islanders and 6 offislanders
in 2003. 8 men were found guilty of serious child
sexual offences. 5 are currently serving sentences in the island prison. 2 were
given community service sentences (one completed his sentence in June 2007; the
other will do so by the end of July 2007). One man
was given a home detention
sentence.
4. Pitcairn has no independent national human rights institution, as there
are insufficient people to comprise one. Human rights however
are enshrined in
Pitcairn’s legislation.
CHAPTER II: DEFINITION OF THE CHILD
5. An individual comes of full age and capacity at
18 years of age. Before that age, he or she is a minor and requires the consent
of a parent or person in loco parentis for marriage.
Section 2 (1) of the Interpretation and General Clauses Ordinance
defines a child as a person under 15 years of age.
The rule of English law which
presumes that a child under the age of 10 is incapable of being guilty of an
offence applies in the
Island. The age of consent is 16 for girls and boys.
CHAPTER III: GENERAL PRINCIPLES
6. The measures in force in the Island, which
reflect the rights referred to in the Convention, do not discriminate between
children
on any of the grounds set out in article 2. The statutes of the United
Kingdom Parliament which prohibit discrimination are taken
to be statutes of
general application which are in force in Pitcairn.
7. Following the secondment of New Zealand social workers to monitor the
safety and welfare of the island children, a local law was
enacted to serve as
immediate legislative authority for this work. The Children Ordinance provided
for a Children’s Officer
responsible for the overall welfare of children
with unlimited power to take any protective action necessary to secure the
safety
of a child.
8. Places of safety for the immediate refuge of a child at risk have been
designated by the Governor. If the Court exercises its power
to place a child
under the supervision of the Children’s Officer that officer is to
“visit, advise and befriend the child”,
help the child to secure
appropriate employment or to bring the child back to the Court for the purpose
of obtaining an order that
he or she be committed to the care of a fit person,
whether a relative or not, who is willing to take care of the child on an
ongoing
basis. If the Court finds that it is necessary to place a child in the
care of some person other than his or her parent(s) or guardian,
a contribution
order may be made to pay maintenance to that other person on account of the cost
and expenses involved.
9. The ordinance provides that nothing in its text should be construed as
conferring on any parent or other person having the lawful
care of a child the
power to strike or assault that child by way of discipline or punishment.
10. The law of the United Kingdom which recognizes the sanctity of life
applies equally to Pitcairn by reason of section 16 (formerly
section 14) of the
Judicature (Courts) Ordinance. Risk of suicide to children on Pitcairn is
minimal due to close monitoring by social
workers and the small size of the
school and of the community itself. There have been no deaths of under18s on the
Island for many
years.
11. There is specific provision in section 6 (b) of the Adoption Ordinance
requiring the Court to be satisfied as to the wishes of
the infant who is the
subject of the application for adoption, having regard to his or her age and
understanding.
12. There are no child or youth organisations on Pitcairn due to the small
number of children. However, there are plans to setup a
local branch of the Sea
Scouts in 2008.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
13. Under the Births and Deaths Registration
Ordinance, a birth is required to be registered within two months.
14. Under the British Nationality Act 1981 of the United Kingdom Parliament,
a child born in the Islands is a British Overseas Territories
citizen if at the
time of his or her birth the father or mother is a British Overseas Territories
citizen or settled in Pitcairn.
15. The island has no radio due to its remote location, but in late 2006 a
communications project provided a limited television service,
for the first time
in the island’s history. The same project also brought telephones to the
island. The internet is available
and most islanders have computers in their
homes. These are used for general communications. There are no newspapers,
although a
newsletter, the “Pitcairn Miscellany”, of social
information is published by the Education Officer and is distributed
to
subscribers worldwide. There is a library containing books, magazines and videos
to which children have access, in addition to
a library in the Island
School.
16. Under section 35 of the Justice Ordinance, unless otherwise specified, no
child convicted of any offence shall be liable to imprisonment.
There is no
contrary provision in the laws of the Island.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
17. The common law recognises the responsibilities
and rights of parents and this extends to adoptive parents by virtue of section
15 of the Adoption Ordinance. Section 12 of the Summary Offences Ordinance also
makes specific provision to the effect that it is
the duty of every person who
has the custody of any child to provide such child with the necessities of life.
Sexual offences against
children are severely punishable in accordance with the
Sexual Offences Act 1956 of the UK (as amended down to the date of this report),
which is taken to be a statute of general application in force on Pitcairn.
Sections 71, 72 and 73 of the Justice Ordinance empower
the Court to require the
fathers of legitimate and illegitimate children to provide maintenance for their
children.
18. The Adoption Ordinance makes provision for the adoption of children and
connected matters. There have been nine adoptions since
1954, the latest in
1979.
19. The father of four of the children was convicted of crimes and sentenced
to 6 years in jail starting in early 2007. However, he
is serving his sentence
on Pitcairn, close to the children’s mother and other members of the
extended family who provide support.
There are no other cases of separation from
parents on Pitcairn nor are there any fostered children.
20. There is no known instance of the illicit removal or transfer of children
from Pitcairn Island. Pitcairn has no refugees or asylum
seekers. There
have been no known cases of family reunification.
CHAPTER VI: BASIC HEALTH AND WELFARE
21. There are no children with disabilities on
Pitcairn, nor are there any requirements for special schools or
institutions.
22. There is a health clinic on the Island and a GP seconded from New
Zealand. A new communications project will enable the provision
of
videoconferencing facilities. The Island has a trained xray operator and dental
technician. Although he is currently serving a
3year prison sentence, he is
allowed access to the medical center, under supervision, to provide these
services. Dental assistance
has also been procured from the surgeons of passing
ships.
23. The government recommends that mothers come off the island to give birth
for their own safety. But if they decide to give birth
on the Island, as most
recently occurred in March 2007, the Government ensures the presence of either a
midwife or a GP with obstetrics
and birthing experience for the relevant period.
No records were found of deaths of underfives but there was a child stillborn in
1989.
24. The doctor provides an immunisation programme.
25. The island is generally a healthy place to live with no known cases of
infectious diseases or HIV/AIDS.
Welfare
26. Under the Social Welfare Ordinance, child
benefits may be granted from public funds to the parents or guardians of
children under
the age of 15; and children between the age of 14 and 18 who
are attending fulltime education at the Island School. At present three
families
are receiving child benefits.
27. The UK Government provides for the presence of a social workers on the
Island recruited from New Zealand. Her primary purpose
is to ensure the safety
and wellbeing of the Island’s children. She is closely involved with the
entire community and her community
involvement includes support to the school by
conducting holiday and afterschool activities and teaching safety skills at the
school.
This enables her to monitor the children carefully and deal with any
problems as they arise.
28. The social worker is currently redrafting a “children’s
charter”, in consultation with the island Council. This
charter is based
on the UN Rights of the Child and the Island families were involved in its
formation. Following a recent review
of the provision of social development
services, there are plans to create a Social Welfare portfolio on the island
Council. The
job holder will play a key role in helping to develop appropriate
programmes for children and other vulnerable members of the community.
Standard of living
29. Standards of living on Pitcairn are fairly
high, albeit without many of the modern conveniences found in most Western
countries
and children thrive in the healthy environment there. The Government
is committed to improving facilities on the Island and a large
programme of
development work is underway which aims to provide, inter alia 24hour
windgenerated electricity, modern communications including television and
telephony, improved access (work on an EU/DFIDfunded
breakwater project is
expected to start in early2008), and improved waste and sanitation
facilities.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
30. Education is free and compulsory from the ages
of 5 to 15 years. The Island has one school which has a current rollcall of
five.
The curriculum is based on the New Zealand curriculum and its aim is
both to provide practical training to prepare pupils for the
variety of
practical tasks necessary to meet the needs of such an isolated community and
also academic training to enable them to
continue their education to higher
levels should they so wish. Teaching is provided by a qualified schoolteacher
recruited from New
Zealand and correspondence courses are arranged for older
children wishing to continue their education on the Island. Scholarships
are
provided by the Island Government for further education or training in New
Zealand and two young Pitcairners are currently enrolled
on higher education
courses there. All children attend school and none is homeeducated. A qualified
islander runs a preschool programme
(there are two preschoolers). Afterschool
and holiday activities are run by the social worker.
31. Handcrafts, which are one of the sources of income for the Islanders are
taught by parents at home, who hand down their skills
to their children.
32. The Pitcairn dialect (a mixture of English and Tahitian) is preserved and
since 1996 has been taught by a locally employed teaching
assistant. Sport
and leisure activities involving children are informal.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
Children in conflict with the law
33. Section 35 of the
Justice Ordinance provides that, unless otherwise specified, no child convicted
of an offence may be imprisoned.
Children may give evidence without taking an
oath or making an affirmation.
Children in situations of exploitation
34. No Pitcairn children are in situations of
exploitation. Children are expected to help their parents in the production of
handicrafts,
which is a family activity, less so in gardening. They also take
part in fishing, a necessary part of the economy of the Islanders,
but one seen
as an enjoyable pastime.
ST. HELENA AND ITS DEPENDENCIES
(Ascension and Tristan da
Cunha)
PART I: ST. HELENA
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. There
are no specific human rights institutions or committees in St. Helena. However
by virtue of The Queen and The Attorney General (ex parte Philip Lake) {Case
No SC M 2/01} The Human Rights Act 1998 applies in St. Helena. Work is to be
undertaken to enact a local Human Rights Act in the near future.
2. The Convention was ratified by the United Kingdom with a number of
reservations in respect of itself and the dependent territories.
When submitting
our initial report in 1998 the view was taken that it would be premature to
withdraw these reservations made by the
United Kingdom in respect of St.
Helena. We are not aware of any change in circumstances that would warrant the
withdrawal of these
reservations.
3. Protection of children and young persons is specifically provided for
under The Children and Young Persons Ordinance (CAP 83) which
defines a child as
a person under the age of sixteen years and a young person as a person who is
between sixteen and eighteen years
of age and The Child Care Ordinance (CAP 82)
which defines a child as a person who has not attained eighteen years of
age.
4. It is believed that the above measures substantially bring St. Helena into
conformity with the principles and provisions of the
Convention but no further
Ordinances have been enacted specifically to meet the provisions of the
Convention since the last report.
5. As stated above the Human Rights Act 1998 provisions apply in St. Helena
and therefore such remedies as are available under that
Act are available to
children. No monitoring of the implementation of the Convention is undertaken as
such. No separate dedicated
national human rights institution exists on St.
Helena.
6. The multiagency Child Protection Working Group (CPWG) posted a CRC charter
in schools. Promotion has taken place through child
protection presentations to
classes of children and a limited adult audience. The Social Work
Division’s (SWD) endeavour is
to use the media services, presentations,
opportunities during public meetings and leaflet publication to make the
principles and
provisions of the convention widely known. New Horizons (NH) is
in the process of setting up Youth Forums where staff will discuss
matters such
as the Rights of the child with the youth of St. Helena. It will also hold
quarterly parental meetings where they can
discuss issues on Child rights. One
of the aims of the organisation is to work closely with the media to get
information across to
both adults and children. It works in conjunction with
other organisations like the Police, Health Services, Education and Social
Work
in dealing with issues that can affect the basic Human rights of a child.
7. In providing a service for children with disabilities the Social Work Team
advocate on their and their parents/guardians behalf.
In doing so it is
sometimes necessary to seek help from
other agencies such as the Disabled Persons Aid Society who really give
support. The Social Work Division has worked with the New
Horizons and other
church groups for young people in assisting to put together a Child Protection
Policy and Procedures.
CHAPTER III: GENERAL PRINCIPLES
8. The Social Work Division takes the lead in a
nondiscriminatory multiagency Child Protection Working Group approach to child
protection,
childcare, guidance and family support. If the child has to go into
voluntary care or care via a court order then a tailormade care
plan is
formulated and implemented for each individual child.
9. All children have equal opportunity to study all subjects on the school
curriculum and to participate in all lessons unless their
parents feel that it
is not in their best interests to do so.
10. In all the Social Work Division’s dealings the best interest of the
child is paramount. Mechanisms such as the welfare checklist,
nonadversarial
court process and achieving best evidence interviews are set up to achieve this.
The Social Work Division works with
the Police, Education department, Health and
other relevant agencies to investigate and deal with cases of abuse and neglect.
Protection
and care plans are put in place to maintain and sustain the survival
and development of the children.
11. The views of children are taken into account. Schools recognise the need
for children to be able to voice their opinion and have
implemented schemes to
support this. All children on St. Helena receive an education and have the
right to attend school.
12. The Social Work Division works very closely with the Mental Health team
in helping children and young people understand their
emotions and actions.
There have been short visits of a clinical Psychologist and a Psychiatrist,
which has resulted in a more structured
approach to helping young people.
13. There are no reports of xenophobic incidents and no evidence of
xenophobia. The death penalty is not available to the courts on
St. Helena. All
deaths on the island are properly registered and where appropriate, in relation
to suspicious circumstances all deaths
are properly investigated by the Police.
Children are properly protected by the law on street violence, in addition
Police visit
the schools and New Horizons to deliver presentations and create
awareness on the law and associated offending.
14. Schools have Whole School Behaviour Policies/Antibullying Policies that
set out procedures to follow in ensuring that they are
protected against any
kind of discrimination. Schools have systems in place for pupils/students to use
should they feel they are
not being treated properly and all are aware of these
channels.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
15. The provisions of the Child Care Ordinance as
in the previous report still apply. The Immigration Service of the Police
Department
retains data of all details of foreign visitors to the island. No
persons are subject to torture or any other inhumane treatment
including
corporal punishment.
16. All pupils/students are made aware of their civil rights and freedoms
through the Personal, Social, Health and Citizenship Education
Programme. Topics
covered include: Citizenship, Rights and Responsibilities, Political Literacy,
Community Involvement and St. Helena
Law.
17. The Social Work Division (SWD) work with other agencies in providing
support, guidance and advocating for children and young people.
The SWD through
the Child Protection Working Group takes the lead in investigating abuse or
neglect and formulating and implementing
plans that offer a better environment
for the children.
18. The teenage pregnancy rate for St. Helena remains low and has not changed
over the last 5 years. The cause of this low trend could
be because of
falling birth rates due to attrition of people of reproductive age, good uptake
of family planning services and improvement
in sex education within schools.
There are no cases of single parents who are homeless and cannot care for their
child.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
19. As part of child services and generic social
work parents/guardians are assisted in providing the right guidance and
direction
for their children. When the Social Work Division (SWD) work with
children and families the primary responsibilities of the parents/guardians
are
brought to the fore. The SWD has also joined other agencies (police, education,
health, New Horizons) in highlighting the responsibilities
of parents/guardians
through the media.
20. The Child Protection Working Group works with parents/guardians and
children to avoid separation. However, when separation is
suggested and the
parents/guardians are not perpetrators of violence or abuse against the child
then a voluntary separation is sought
where everyone is in agreement to the
decision made and the conditions that are set. This kind of separation would
involve the child
being placed in the Family Centre for a short period of time.
This short period of time would include a detailed care plan which
would involve
rigorous monitoring, reevaluating and reassessing. This would enable the Child
Protection Working Group to decide whether
the child should return home or
not.
21. A court order for separation would be applied for if abuse or neglect
puts the child at risk. An order of this nature would also
be sought if
separation was in the best interest of the child and all parties or one party
was not agreeable to it.
22. Some parent(s)/guardian(s) leave St. Helena Island for extended periods
of time for the purpose of working overseas. They therefore
leave their children
behind with relatives. Before leaving the island the SWD meet with the
parent(s)/guardian(s), the children and
the person(s) who will be caring for the
children). During this meeting legal documents are signed by all concerned. One
of the agreements
is for the departing parent(s)/guardian(s) to appropriately
provide maintenance for their children. These documents are being revised
to
cover the holistic welfare of the child. There are only three social workers
covering all aspects of social work on the island.
23. The SWD is responsible for a Family Centre that exists for the purpose of
accommodating children deprived of their family. This
will only be used if
extended family or relatives cannot be found or if close friends who could
provide a family environment are
not available. If they are placed in the Centre
then a care plan is put in place that is monitored and reassessed on a regular
basis.
24. Adoption has not occurred for many years on St. Helena. However, if it
takes place then agencies would follow the letter of the
law with the best
interest and the views of the child to the fore.
CHAPTER VI: BASIC HEALTH AND WELFARE
Children with learning difficulties
25. All children with
some degree of learning disability are registered. There need to be an
improvement in dedicated day care service
to relieve family stress related
illness and to work on behavioural modification programmes with the child so
that they can be managed
more effectively in their homes. A Challenging
Behaviour Unit was set up in 2006, to accommodate young adults with severe
challenging
behaviours in a safer and more appropriate environment.
Health and health services
26. Mental Health services are available on the
island which is run at community level and includes a weekly mental health
clinic.
Referrals are seen by a MH and CPN and a doctor as required. This
service was supported by a visiting Psychiatrist and Clinical Psychologist
in
2005. There is an increase in child behavioural problems, adults and young
people with anxiety related disorders. A recommendation
has been made for a
resident psychologist on island for a period of two years during to process
better management of clients and
also to train resident social and health care
staff. The national Immunization programme has been revised to include
Meningitis C.
27. The Department for Employment and Social Securities (DESS) provide child
allowance and child support for families in receipt of
Social Benefits and
parent(s)/guardian(s) who are unemployed. A child whose father is deceased and
whose mother is has a low income
is also eligible for child support. These
allowances and support is provided until the child reaches the schoolleaving
age.
28. Childcare services and facilities in place for all children are: one
crèche, private child minders, noncompulsory nursery
education at each
primary school.
29. Currently all pupils/students from Key Stage 2 are educated on protecting
themselves against diseases such as HIV/AIDS and Sexually
Transmitted diseases
through the Personal, Health, Social and Citizenship Education programme. They
receive education also on Personal
Safety. The Education Department currently
has available the services of a full time school nurse. A national Sexual Health
Strategy
includes action on increase awareness and education to young people on
Sexually Transmitted Infections and HIV/AIDS. The Sexual Health
Strategy Group
is responsible for overseeing policy implementations with the different
organisations including those that deal with
young people.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
30. There are currently 49 primary and 30 secondary
teachers in St. Helena, and 368 primary and 398 secondary pupils. Ongoing
restructuring
of the Department to bring on line an Adult and Vocational
Education Service will enhance the variety of vocational courses on offer
to
students.
31. The New Horizons is one of the leading youth organisations on St. Helena.
Since its inception in April, 2003 it has become very
successful and attracts on
average 25 members per session. It opens 3 evenings a week for 2 hours and
Saturday morning for 4 hours.
During School holidays the facility opens Mondays
to Fridays provides Sport and Educational activities for all youth age 11 to 17
years of age. The New Horizons plays a leading role in dealing with issues that
can affect the youth of St. Helena like smoking,
drugs, alcohol and sex. In
conjunction with the Police it launched a “Prove It” card scheme on
7th July 2006 to try and stop the youth from purchasing alcohol in
licensed premises.
32. Along with other activities a youth games is organised once a year
allowing the youth to participate in different sports. A fitness
gym was opened
on 31 July, which will hopefully encourage the youth of the island to lead
healthier life styles.
33. All students have the opportunity to participate as fully as possible in
activities through planned lessons, Lunchtime Clubs and
Extra Curricular
activities. The Social Work Division takes the lead in some cases by
facilitating conferences that pull together
relevant agencies that can put
together a plan that will enable the children to move forward and develop
holistically.
Special educational needs and disability
34. There are fourteen pupils with significant
disabilities of compulsory school age, of which six are in primary schooling,
seven
pupils in secondary schooling and there is one placement at Barnview
House, a day care/residential unit for the disabled. This pupil
has profound
disabilities and needs a high level of support. The placement was made in the
best interests of the child, with Education,
Public Health and Social Works
Departments all being involved in the decisionmaking process. All pupils were
assessed by an Educational
Psychologist in July/August 2004. Recommendations
made have been followed up and the pupils’ Individual Education Programmes
are regularly monitored and reviewed. Both primary and secondary sectors have
their own Learning Support Centres which have well
resourced teaching aids for
pupils experiencing learning, behavioural and emotional difficulties. There is a
Special Educational
Needs Code of Practice, which outlines the fundamental
principles, practices and procedures for special educational needs provision.
Pupils with significant disabilities are integrated in mainstream schools as
part of an inclusive system.
Underage Pregnancy
35. These students leave school at the end of the
halfterm in which they have informed the school that they are pregnant. They may
chose to continue their school studies in the Pupil Referral Unit until they
feel unable to do so. They are given support for their
studies from the school.
The rate of underage pregnancy is approximately 1 per academic year. Students
who have not completed their
studies are normally allowed to return to complete
their schooling on application to the Education Committee, following the birth
if their baby.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
Children in conflict with the law
36. The judicial process
is operated through the Magistrates Court and the Supreme Court. Magistrates
receive ongoing training from
specialised trainers commissioned from the UK. The
Supreme Court is overseen by the Lord Chief Justice, a visiting qualified UK
judge.
Individuals are represented by the Public Solicitor an appointee with
internationally recognised legal qualifications and a number
of lay advocates.
Prosecutions are overseen by the Attorney General and undertaken by the Crown
Prosecutor both currently UK qualified
Solicitors of the Supreme Court.
37. In the event children are deprived of their liberty and detained, there
is a facility within the confines of the Prison for juveniles
where they are
separated from adult prisoners and in as much as possible any form of contact is
avoided.
38. In the event the juvenile is sentenced to life imprisonment, the Prison
Service is not capable of providing this type of facility
as the prison is only
designed to cater for shortterm prisoners. A project has been submitted to the
Foreign and Commonwealth Office
for a purpose built prison, which will mean
separate means and facilities for all types of prisoners including
juveniles.
39. In addition, there is a Juvenile Diversion Scheme in place set up by the
Police, Social Services and Education and designed to
help Juveniles in avoiding
reoffending.
40. There is no evidence of sexual exploitation on St. Helena.
PART II: ASCENSION ISLAND
Introduction
41. The Convention on the
Rights of the Child was extended to Ascension Island on 7 September
1994.[7] This is the first
occasion that Ascension Island has been required to compile its own report.
42. The Island of Ascension lies in the South Atlantic some 750 miles (1207
kilometres) northwest of the Island of St. Helena, with
an area of 34 square
miles (88.059 sq kilometres). Ascension has special characteristics from a
habitation point of view. Residents
are either on a service contract working for
the various organisations or as accompanying families. The British Government in
January
2006 determined that there would be no right of abode nor property
ownership outside Government. There is no indigenous population
and the above
means that no permanent, settled population is currently envisaged by the
British Government. This presents special
challenges in complying with the
provisions of the Convention.
43. Entry to Ascension and the right to remain on the Island is regulated by
the Entry Control (Ascension)
Ordinance[8] which states
categorically that there is no entitlement for any person to land or remain in
Ascension. Permission to do so is vested
in the sole authority of the
Administrator.
44. The population of Ascension is approximately 997 persons, which excludes
visitors. This comprises of 75% St. Helenians, 16% UK
nationals, 8% Americans.
There are 545 male and 306 female adults and 146 children.
45. In accordance with the provisions of the Education
Ordinance,[9] schooling is
compulsory for all children from the age of 5 to 15. However children are
encouraged to stay in school beyond 15 years,
to complete their examinations.
There are also opportunities for children to be supported for further education
in England. There
is one school, namely Two Boats School, which is an “all
through” school which caters for children from Nursery through
to 15
years. A separate Non Governmental Organisation playgroup called
“Ladybirds” caters for preschool children on the
island. This is run
by a Committee of parents and chaired until recently by a trained Infant
Teacher.
46. Other nongovernmental service organisations such as Scouts, Cubs,
Beavers, Girl Guides, Brownies, Rainbows and Ascension Explorers
are actively
involved with children.
CHAPTER I: GENERAL MEASURES OF IMPLEMENTATION
47. The Attorney General of St. Helena is also the
Attorney General for Ascension Island. Ascension Island recognises that there is
need for appropriate domestic legislative measures to give effect to the rights
enshrined in the UNCRC, and is working with the assistance
of DfID and NCH
towards the development and enactment of an appropriate Ordinance which will
provide the legal context for the protection
of children and young persons.
48. Ascension Island does not have any domestic legislation that specifically
caters for children, however, the laws of St. Helena
in terms of the Children
and Young Persons
Ordinance[10] and the Child
Care Ordinance,[11] applies.
This legislation has not kept pace with modern practice or the requirements of
the Convention and the National Child Protection
Action Plan compiled with the
assistance of NCH addresses this.
49. There are three Lay Advocates whose function is to provide free legal
advice and support to persons who may have a need of such
advice and support.
They were complemented in carrying out those duties by a legal adviser whose two
year post has been discontinued
in September 2006. It is anticipated that he
will shortly be replaced by a Crown Counsel. The Lay Advocates are able to
enlist the
assistance of the Public Solicitor based in St. Helena.
50. The principles and provisions of the UNCRC Convention only became known
on Ascension Island when the NCH/DFID launched an awareness
programme on
Ascension in December 2004.
51. Copies of the Convention and Reports will be made available for public
viewing in the Resource Centre and the Administrator’s
Office.
CHAPTER III: GENERAL PRINCIPLES
Nondiscrimination
52. The Race Relations
Ordinance[12] makes it an
offence to discriminate against anyone on the grounds of colour, race,
nationality, or ethnic or national origins. There
is no Ascension specific
legislation that deals with the subject of sexual discrimination.
53. There is no discrimination between the genders of children. Under the
Births and Deaths Registration
Ordinance[13] the
responsibility rests with parents to register the birth of their child. For the
period under review there were 34 births of which
15 were children born outside
of a marital union. All 34 births were registered.
54. The school has an Equal Opportunities Policy in place and encourages
staff and children to treat others equally and without prejudice.
There are
currently two children with a diagnosed disability attending school and who are
fully integrated within their year group
and are provided with additional full
time one to one support.
55. Bullying in school is infrequent and rarely physical. Any bullying is
promptly dealt with by the School under its Anti Bullying
policy of aggressive
prevention education.
Best Interests of the Child
56. There are no specific social work systems,
policies and procedures in place to deal with any child protection concerns.
57. 13.1% of the annual budget is attributed to children through the School
budget of which 5.14% is allocated to funding Further
Education at
Chichester College in the UK. Within the period 16.5% of the capital programme
was allocated for both the school and
community and supported the Resource
Centre, IT equipment and teacher training initiatives. The school applies the
English National
curriculum and continuous efforts are made to improve the
facilities offered.
58. Schooling for some children on Ascension can occasionally be interrupted
for periods during term time when employees take their
families offshore for
contractual leave. Such leave could be for any period of up to six weeks. There
is a reciprocal agreement between
St. Helena and Ascension that children of
families taking leave may attend school on the respective Islands.
59. There are no known cases on Ascension of poverty or ill treatment,
including physical, mental or sexual abuse. The National Child
Protection Action
Plan has a series of actions to reduce risks and increase awareness.
The right to life survival and development
60. The child mortality rate for Ascension Island
is exceptionally low with no deaths being recorded during the last decade.
61. Free medical and dental care is available to children. The general health
of children on Ascension can be described as robust.
The environment is regarded
as secure and safe. There are no known cases of malnutrition and all children
receive or are offered
the recommended immunisation and health checks.
Respect for the views of the Child
62. There is a School Council, which is a
students’ representative body that provides a forum for students to
discuss matters
and to put forward suggestions, recommendations and requests. In
addition children are encouraged through Personal and Social Education
to
develop their thinking on a range of issues that affect them with Teachers
providing the relevant factual support.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
63. Children born on Ascension are eligible to be
registered in accordance with the Registration of Births and Deaths Ordinance
and
would assume the nationality of the parent. It has recently been recognised
that children born to St. Helenian parents on Ascension
Island do not acquire
any St. Helenian status automatically and would have to apply for permits for a
visit there. This issue is
being considered by the St. Helena Government under a
review of its immigration legislation and processes.
64. The Children and Young Persons Ordinance makes provision for dealing with
incidences of cruelty to children. There are no known
cases of these
circumstances on Ascension, or of reported abuse and neglect.
65. There is no known asylum seeking and refugee children or children
belonging to indigenous and/or minority groups on Ascension.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
66. Parents have a legal duty to ensure their
children have an education in accordance with the Education Ordinance. The
school maintains
records of all children on school roll.
67. There have been no cases of adoption for the period under review and no
experience of fostering or illicit transfer and nonreturn
of children.
68. Government itself has a responsibility for the welfare of children. The
positive feature of a small community means that most
people living on Ascension
know each other and the children tend to be well known. They are readily
accepted socially as part of
the community. There are no children’s homes
or institutions concerned with the welfare of children.
CHAPTER VI: BASIC HEALTH AND WELFARE
69. All resident children receive free on island
dental, medical and health care. There is one 9 bed hospital situated
in Georgetown
that is well equipped to provide good quality primary and
secondary medical care for the Island. The service is managed by a Senior
Medical Officer; and supported by an Anaesthetist, nursing and administrative
staff.
70. There is no specific Social Security or child care service on
Ascension.
71. There are no known cases of poverty, malnutrition, malaria, tuberculosis
or HIV/AIDS in any of the population on Ascension. Until
last year all children
underwent a health test between the age of 13 and 14 and were given the BCG
vaccination. This has now been
suspended on the advice of UK health guidelines.
72. There is no resident Ophthalmologist but annual testing services for
children is scheduled around May of each year.
73. Counselling and guidance on sex education, health and wellbeing
(including obesity, alcohol and drugs) is available to children
through the
schools in collaboration with the health services.
74. The Police School Liaison Officer provides information to children on
issues related to road safety, drugs, underage smoking and
sexual offences.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
75. Education on Ascension is compulsory see
paragraph 8; and is free to all children. A broad and balanced curriculum is
delivered
by fifteen teachers to a total of 105 children of which 56
males and 49 females. There is also Nursery provision for those children
who
reach the age of three before 31 August in any year.
76. Children are taught to the highest possible standard within the
constraint of a relatively small, “all through” school.
77. The majority of children in Two Boats School are of St. Helenian origin
with a small number of UK origin.
78. In September 2004, an Inspector Adviser for the Service Children’s
Education conducted a 3 day visit to report on key recommendations
to
support and sustain improvement in the primary years.
79. Some of the report’s main findings were that the school provides a
safe, secure and welcoming environment for all children.
The quality of teaching
was reportedly variable, and standards in the primary were below the average for
England in English and Mathematics.
80. Since this finding, teacher training has been expanded locally and in the
UK, with resultant improvements in standards.
81. In accordance with the English National Curriculum, children are expected
to be within Level 5 for SATS results at the end of
Year 9 (14 year olds). As
well as statutory tests, pupils were entered for GCSE Examinations. Most
children took nine subjects and
the results were very encouraging. They
continued the year on year improvement and this is shown in the table below.
Given the small
year group sizes the percentages for 5A*C grades show big
fluctuations. The overall trend in achievement at Key.
Stage 4 is upwards.
|
2002
|
2003
|
2004
|
2005
|
No of Students in Cohort
|
5
|
13
|
8
|
6
|
% of pupils gaining 5+ A*C Grades
|
60
|
38
|
50
|
83
|
Average No. of entries per student
|
6.6
|
7.4
|
8.6
|
8.3
|
Average points score per student
|
34
|
36
|
39
|
42
|
82. Children are also encouraged to make use of the wide range of sporting
activities on offer as part of the curriculum and also
the use of the
educational resources available on the Internet. Internet access is monitored by
appropriate filtered service. This
is also supported by an Internet Code of
Conduct Policy.
83. Government also provides funding for selected students who wish to study
for 2 year A Levels courses or 1 or 2 year vocational
courses at
Chichester College in the UK. For the period under review government has funded
11 students with a further 5 taking up
scholarship from September 2006.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
Children in situations of emergency
84. There are no known
cases of children seeking refugee status, involved in armed conflict or child
victims on Ascension Island.
Children involved with the system of administration of
juvenile justice
85. In the Administration of juvenile justice, the
Court is limited in its sentencing options as the infrastructure to provide
probation
and community services, which are appropriate penalties for juvenile
sentencing, is not available. There is no Probation Service
or Probation
Officer. There are no juveniles detained on island.
86. Under the Ascension Magistrates Court Ordinance there is provision for
the protection (basically from media or other public identification)
of a
juvenile appearing in a Juvenile Court.
87. For the period under review, 14 juveniles received formal cautions for
underage smoking and 2 for criminal damage. The Juvenile
Smoking
Ordinance[14] prohibits
smoking by persons under the age of 16 years.
Children in situations of exploitation
88. Cases of sexual exploitation and other forms of
exploitation of children are not known on Ascension. Since 2002 there were three
cases brought to Court involving three children between the ages of 14 and 15
who had been involved in unlawful sexual activity with
an adult.
PART III: TRISTAN DA CUNHA
Introduction
89. Tristan da Cunha is a
small island in the South Atlantic, which is frequently described as the
“most remote inhabited island
in the world”. Its sole settlement,
Edinburgh, is set on a sloping plain below the island’s plateau which
rises about
2,000 ft.
90. The island has a total population of about 268 people, (2006) of which 40
are children under the age of eighteen years.
91. The island’s infrastructure includes a health and education
service. Despite the absence of a formal social care system,
social service
related issues are incorporated under health services. There is full employment
on island, and hence the island does
not have a social security system. Security
is provided by one full time policeman, and compulsory education is available at
the
St. Mary’s school to children from age 5, until the current
school leaving age of fifteen years. The Island Council has agreed
2005)
that the age of school leaving should be extended to sixteen years or
beyond.
CHAPTER I: GENERAL MEASURES OF IMPLEMENTATION
92. Tristan da Cunha does not have any local
children’s Ordinances and the presumption is therefore that the Laws of
St. Helena
in the first instance applies. This drafting of a local Ordinance is
currently being addressed, and the draft legislation is expected
to be available
in early 2007.
93. There are no legal advisors or advocates on the island, and such
specialist services if required, would have to be sourced through
the office of
the Attorney General which is based in St. Helena.
94. Despite the limited infrastructure, technical capacity and safeguarding
resources on island, Tristan da Cunha has taken initial
steps to develop a
National Child Protection Action Plan for the children of the Island. A
Safeguarding Board has been established
in 2006, with responsibility for
promoting the rights of children and, to develop as practicable, those systems,
procedures and programmes
which will improve the protection of children.
CHAPTER III: GENERAL PRINCIPLES
95. The Race Relations Ordinance of Tristan da
Cunha (1996) establishes that it is an offence to discriminate against anyone on
the
grounds of colour, race, nationality or ethnicity.
96. Whilst this legislation omits provisions against sexual discrimination,
the practices on the island are informed by gender stereotyping
and
socialization practices. Hence, on leaving school, boys tend to enter into the
manual jobs of fishing, agriculture and public
works; whereas the girls and
women who work outside the home are likely to be engaged in traditional and
professional caregiving
roles (nursing, teaching, childcare) and factory
work.
97. The small size of the community encourages inclusion of all members into
the society. Provision is therefore made for all children
(including the one
child with disabilities), to attend school and participate fully in the
community. In two recent reform initiatives
that impact on the protection of
children, the views of children both of school age, and those fifteen to
eighteen year olds in the
work place, have been sought and taken into account in
design of appropriate responses. These initiatives are specifically the NCH/DFID
Child Protection Programme and the CLS Educational Needs Analysis.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
98. The Children and Young Persons Ordinance of St.
Helena applies to its dependencies with respect to provisions for the protection
of children from cruelty, inhumane and degrading treatment.
99. There are no known reported such cases of cruelty to children in Tristan
da Cunha. However, corporal punishment remains the practical
exception. Whilst
the judicial system and educational system acknowledges corporal punishment as
illegal, parents are allowed to
use corporal punishment on their children within
the reasonable limits of chastisement.
100. There are no asylumseeking children or children belonging to indigenous
or minority groups in Tristan da Cunha. There are no
children living in poverty
on island, and for those children born out of wedlock, there is no stigma or
discrimination associated
with birth status.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
101. While the government of Tristan acknowledges
responsibility for the welfare of children on the island, no child is under a
care
order or living in an alternative setting. There are no foster care
services, institutional or residential care provisions for children
on this
island. There are also no known or reported cases of abuse or neglect, or
adoption of children over the reporting period.
Child abduction and illicit
transfer of children are not issues reported to have occurred on this
island.
102. Because of the close family relationships, and social networking among
the islanders, children exist in this small community
in a protected
environment. Programmes in parenting and direct Child Care Services are not
currently available to families but there
is openness by the Health Services to
consider such provision if the need exists.
CHAPTER VI: BASIC HEALTH AND WELFARE
103. Children in Tristan da Cunha have access to
free medical and dental care. Special care or assistance for the one child on
island
with learning disabilities is not provided.
104. There are no children on island affected or infected with HIV/AIDS,
neither are there any cases of teenage pregnancy, sexually
transmitted
infections among adolescents, mental health problems, drug or alcohol abuse
among children and the youth.
105. Health services on island are provided by one medical doctor, assisted
by 6 specialty nursing staff. A visiting dental team service
is available every
1824 months to deliver dental care to the residents.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
106. Free and compulsory education is provided to
all 33 children between the ages of 5 and 15 years, enrolled at the
St. Mary’s
School. A playgroup on island, offers daily early learning
experiences for the 35 year olds.
107. The school is staffed by 6 teachers, 4 of whom have received some formal
training. However, none are in possession of a professional
qualification from
the United Kingdom. Whilst children are tutored towards taking General
Certificate of Secondary Education (GCSE)
in Mathematics and English subjects,
available data on performance since 1989, suggests that academic performance is
poor. Higher
education is generally not available to students and the prior
student enrolment arrangement at Denstone College in the UK and Prince
Andrew
School in St. Helena, for pursuing education overseas after reaching 16 years of
age has been discontinued.
108. The guarantee of a job, irrespective of academic achievement may provide
some reasoned explanation as to lack of motivation to
achieve excellence
academically. The Government of Tristan is examining the education system on
island, with a view towards developing
a long term strategy for educational
provision.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
109. This island does not have children involved in
armed conflicts neither is there any record of arrests of children under the age
of 18 years.
110. There are no secure facilities on island for separate detention of
children from adults. Should the Administrator acting in his
capacity of
magistrate, be required to place a child under detention for committal of an
offence, provision is made (under the existing
legislation of St. Helena)
that he may direct a child to be placed in the residence of a person deemed as
“fit”.
TURKS AND CAICOS ISLANDS
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. The Department for
Social Development is charged with responsibility for child protection, and
works closely with other government
agencies such as the Police, Judiciary,
Education, Health, and with nongovernmental agencies and churchbased
organizations in empowering
families and protecting children from all forms of
abuse. As yet, there are no independent national human rights institutions in
the TCI, but legislation is being drawn up to establish a Human Rights
Commission, and a Human Rights Reporting Committee.
2. The TCI National Monitoring Committee on the Rights of the Child was
revived in June 2006 after a twoyear break, and was tasked
with drawing up
this report. It comprises representatives from the following Departments: Social
Development, Education, Gender Affairs,
Health, Immigration, youth, Labour,
Governor’s Office, AttorneyGeneral’s Chambers, Economic Planning and
Statistics,
and Physical Planning.
Public Awareness
3. Since the Convention was extended to the Turks
and Caicos Islands in 1994, there have been a series of public education
programmes
conducted throughout the various communities in the Turks and Caicos
Islands. These programmes have taken the form of pamphlets,
radio programmes,
public meetings, and seminars/workshops for stakeholder groups, including the
police, social development, parents
and teachers and particularly students.
Harmonising the Law
4. The Turks and Caicos Islands has embarked on a
number of initiatives that will lead to some level of harmonization of the
national
law and policy with the Convention. One such initiative is
participating in the Organisation of Eastern Caribbean States’ Family
Law
and Domestic Violence Reform Project, which was aimed at harmonising the
existing legislation in the OECS Member States relating
to family and domestic
violence in keeping with basic human rights and relevant International
Conventions, which were ratified by
the OECS Member States including the
Convention on the Rights of the Child.
5. A Green Paper on family law reform is near completion and has the input of
all representative levels of the Turks and Caicos Islands
society, in addition
to all the countries that are part of the reform project. Thus far, six bills
have been drafted and, following
additional public consultation, this model
legislation is due to be taken before Cabinet this year, once the final versions
are supplied
by the OECS Secretariat.
CHAPTER II: DEFINITION OF THE CHILD
6. In the Turks and Caicos Islands there is no
standard age of majority in law. This was recognised as a deficiency in the law,
and
a standard age of 18 years is proposed in the draft model legislation being
finalised as part of the OECS/TCI Domestic Violence law
and Family law reform
project. Examples of age restrictions in the Turks and Caicos Islands are given
in the full report.
Employment
7. Everyone over the age of 16 may take employment.
Anyone under the age of 16 must have parental or guardian consent.
Child abuse
8. The Department of Social Development plans to
establish multidisciplinary teams to monitor and support the management of child
abuse in the Turks and Caicos Islands. There will be national committee and an
island team. Additionally, the Department plans to
implement a Child Abuse
Hotline and a Child Abuse Register.
Voluntary testimony in court
9. In principle, any child can be asked to testify
in Court. In situations where children are call upon to give evidence, they are
accompanied in Court by a parent, guardian or social worker. Additionally, where
applicable, the Judge and attorneys disrobe and
the Judge sits at a table when
children are giving evidence, creating a childfriendly environment. legislation
is currently being
drafted to provide for juveniles to give evidence by way of a
video link so that they do not have to sit in the courtroom itself.
Deprivation of liberty
10. Section 5 of the new TCI Constitution (Annex 3)
protects the right from arbitrary arrest or detention.
11. The Young Offenders Punishment Ordinance (Cap. 27) states that
“notwithstanding the provisions of any Ordinance, a child,
upon conviction
by any Court of any offence, shall not be sentenced to imprisonment, but in lieu
thereof, if the Court considers
that no other sentence or order is appropriate,
shall be sentenced to be detained for such term, not exceeding three years, as
the
Court may specify, in such place and subject to such lawful custody. At
present there is no juvenile detention centre for young offenders
in the Turks
and Caicos Islands. Jjuvenile offenders are sent to specialist centres overseas,
primarily in Jamaica, pending the construction
of a new dedicated facility for
this purpose in Turks and Caicos Islands.
Consumption of alcoholic and other controlled substances,
and cigarettes
12. It is illegal to give or to sell alcoholic or
other controlled substances to a child. Despite this legislation, a study
conducted
by the Drug Unit in 2005 showed that alcohol abuse is prevalent among
school children. There does not appear to be any specific provision
in law
relating to children and smoking. But the practice is prohibited, and smoking is
not prevalent among school children.
CHAPTER III: GENERAL PRINCIPLES
13. There are two resident courts in the Turks and
Caicos Islands that address matters concerning children: the Magistrate’s
Court and the Supreme Court. The courts ensure that
children within their respective jurisdictions receive the care, guidance,
and control conducive to their welfare. Where children
are ordered to be removed
from the custody of their parents, the court seeks to provide them with the
highquality parental care.
14. The Department of Social Development is charged with responsibility for
child protection. The Ministry of Education, Youth, Sports,
Gender Affairs and
Culture also promotes several programmes designed to meet the needs of children
for education, freedom of expression
and association including US$15 million in
scholarships given in 20052006; annual youth day events promoting debates and
discussion
forums; and the Cadet’s youth disciplinary programme carried
out in conjunction with the Police Force.
15. The Ministry of Health meets the needs of children’s health care by
providing community medical and primary health care
clinics including prenatal
and postnatal care, counselling and immunisation programmes at the clinics and
in schools. Under the Medical
Fees Regulations, medical treatment at these
clinics is free for children.
16. The best interests of the child are taken into consideration in most TCI
laws. The term “the child’s welfare”
is commonly used, and
this is synonymous with the best interests of the child. When dealing with a
case, the Court usually requests
a social inquiry report to be conducted on the
family, in order to gather relevant information that will help to determine what
would
be in the child’s best interest.
The right to life
17. Section 2 of the Constitution protects the
right to life “Every person’s right to life shall be protected by
law. No person shall be deprived intentionally
of his or her life”.
Abortion is illegal in the Turks and Caicos Islands.
Respect for the views of the child
18. The laws of the Turks and Caicos Islands
provide for the views of children to be respected. Children are provided with
the opportunity
to give their own views on matters affecting their lives. Their
views are taken into consideration when making critical decisions,
thus
upholding the Convention.
19. Under TCI law, the above rights are extended to all children of whatever
racial group. However, in a country where the indigenous
population is now
outnumbered by nonbelongers, who have migrated (many illegally) predominantly
from neighbouring Haiti, there is
anxiety about the levels of immigration into
the country. Consequently, the sheer number of immigrants has put pressure on
education,
health and other services, and can be a source of social tension
between the communities. The TCI government is committed to ensuring
that its
responsibilities to every child resident in the country are carried out
appropriately under the law, but in practice this
is not always enforced.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
20. The Registration of Births, Marriages and
Deaths Ordinance (Cap. 87) requires for the registration of every birth
irrespective
of nationality.
21. Sections 19 and 20 of the Adoption Ordinance provide for a change of name
on the adoption of a child.
22. The Register of births and the Adopted Children Register do provide
information to the public at large on the information filed
in relation to each
child born or adopted in the Islands thereby allowing a person to trace his or
her personal history later in
life. The provisions of both Ordinances also allow
for a child to retain his or her identity.
23. There are no restrictions in the Turks and Caicos Islands on freedom of
expression of any person, including children. The Constitution makes provision
for the protection of freedom of expression of persons in the islands.
24. Children in the Turks and Caicos Islands have access to information and
material from a range of national and international sources,
via schools and
public libraries, print and electronic media, and via the computer and internet.
Public libraries provide reference
and loan material for children, and subscribe
to a number of publications of interest to children in various age groups.
Additionally
children have access to computers in all schools and public
libraries.
25. Every person in the islands has the right to freedom of thought and
conscience and religious freedom subject only to the limitations
prescribed by
law as recognized by article 14 and subject to the right of parents to
provide guidance. The Education Ordinance states
that “no person shall be
denied entrance to any public school on account of the religious persuasion,
race, social status or
language of such person or his parent”.
26. There are no restrictions on the rights of the child to freedom of
association and peaceful assembly. This has been fully incorporated
into the
Turks and Islands Constitution.
27. The Constitution provides protection for the right to privacy.
28. The Constitution provides protection of the right against being
“subjected to torture or to inhuman or degrading treatment or
punishment”
under section 3.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
29. The rights and duties that parents have derive
from their responsibilities under the common law of England as applied to the
Turks
and Caicos Islands in 1799. The primary principle is the welfare of the
child which means to act in the best interests of the child.
30. The Department of Social Development provides parental guidance in the
form of counselling, public education programmes and workshops
for parents. All
these initiatives are geared towards educating parents on parenting and
enhancing parenting skills.
Parental Responsibilities
31. Provision is made through the Department of
Social Development to assist parents who may not be able to adequately meet the
needs
of the child. Some of these provisions include provision of school
supplies, assistance with rent, and paying of school fees in some
instances.
Separation from parents
32. The laws relating to child protection only
permit children to be removed from their parents by an order of the court.
Children
placed outside the home environment are usually placed with family
members or in foster care. When there is no family member willing
and able to
provide care and protection to a child and no foster parent is able to care for
that child then he/she is placed in Nissi’s
Home. This home has been
recently opened and is run by a nongovernmental organization with subsistence
from the Government of the
Turks and Caicos Islands. The Department of Social
Development monitors this home.
33. The foster care system is not properly structured and requires some level
of organisation. There has been no formal training or
screening of foster
parents. However, plans are being made to address this problem in 2007.
Recovery of maintenance for the child
34. Section 12 of the Domestic Proceedings
Ordinance makes provisions for maintenance to be paid for children by either
parent.
Illicit transfer and nonreturn
35. The Turks and Caicos Islands is not a party to
any international convention dealing with the illicit transfer and nonreturn of
children. In such cases, the Police Force and the Social Development Department
rely on diplomatic relations between countries through
the Governor’s
Office.
Periodic review of placement
36. It has not always been possible for social
workers to conduct periodic reviews when children are placed in foster care. The
foster
parents and guardians of these children tend to have a false image of the
role of the social worker in placing children in their
care, which can lead to a
breakdown in communication and a shortage of foster parents. The Department of
Social Development has a
written policy directing social workers to conduct
quarterly reviews on all cases.
CHAPTER VI: BASIC HEALTH AND WELFARE
37. At present there are two hospitals, which are
accessible to all children living or visiting, they provide medical, obstetric,
paediatric as well as other specialised services. Each island of Turks and
Caicos has at least one health centre. There are a total
of eight health centres
in the public sector and 7 private clinics. Each health centre has at least one
scheduled antenatal, postnatal
and Child Health Clinic per month depending on
the population of individual islands. All the islands have a resident
nurse/midwife,
a resident or a visiting Public Health Nurse, a resident or
visiting paediatrician, a resident or visiting Obstetrician and a resident
or
visa access to its services before six weeks. Post discharge from hospital all
postnatal mothers and babies are seen within the
first two weeks either by home
visits conducted by the Public health Nurse or by the client visiting the health
centres. The Gynaecologist
sees all postnatal mothers, and the Paediatrician
sees all infants in the postnatal period. 99% of all pregnant women access
antenatal
care.
38. The Expanded Programme for Immunisation has played a key role in the
reduction and maintenance of a low infant and child mortality
and morbidity. The
Turks and Caicos Island has seen its longterm impact with no incidence or deaths
from any of these diseases under
surveillance. Immunization coverage for the
past years has been maintained at 100% for the < 1 year population
and 95% for the
1223 months population.
39. Postnatal mothers are educated on various topics at their homes as well
as when they visit the clinic about environmental and
personal hygiene for
mothers and infants, accident prevention, diet, breastfeeding, and immunization,
via oral presentation as well
as audiovisual presentations. Mothers are
encouraged to exclusively breastfeed for at least 4 months or
up to 6 months, which is
ideal. Emphasis placed on the advantages
of breastfeeding for infants and mothers with emphasis on prevention of
Gastroenteritis
and obesity.
40. There is an active School Health Programme in Turks and Caicos Islands.
The Public Health Nurse and her team visit each school
year. At the schools,
immunizations as required, rapid inspection of each student and health education
on previously identified topics
are carried out.
HIV AIDS
41. HIV/AIDS continues to be a challenge for the
Turks and Caicos Islands. The HIV/AIDS epidemic in the TCI is considered to be a
generalized one with the main mode of transmission being heterosexual. The first
case of AIDS was discovered in 1985. From that time
to 2005 there have been a
total of 732 HIV positive cases reported in the national database. A draft
policy on HIV/AIDS was completed
by the National AIDS Program in 2005 and is
currently to be presented to Cabinet for ratification. The Policy reaffirms the
Government’s
commitment to the fight against HIV and AIDS and is intended,
among other things, to promote a more supportive environment, and harness
the
energies of a broader spectrum of sectors and agencies in the National
Response.
Disabled children
42. The Special Needs Programme in the Turks and
Caicos Islands is complemented by a strategic plan, which charts the way forward
for quality service delivery for persons with special needs. The Social
Development Department has conducted several public awareness
and education
programmes throughout various communities in the TCI and through the media to
sensitise the public to the needs of
people with disabilities. However, TCI
society is generally not very sensitive to the needs of the disabled, and makes
very little
provision for special facilities to help those who are not able
bodied.
43. Recreational and respite services can be very beneficial towards the
total development of clients but it is hindered by lack of
resources in
particular inadequate manpower and funding. The Ministry of Social Services is
putting the necessary machinery for the
full operation of all centres, which
will promote these services. But it has been noticed that some clients are
regressing.
Social Security and child care services and
facilities
44. TCI law provides for the care and protection of
children (The Juveniles Ordinance). Any police officer or supervisor may bring
a
juvenile in need of care or protection before a Juvenile Court. Where, as a
result, a juvenile has been placed under the supervision
of a Supervisor, that
officer shall, while the order remains in force, visit, advise and befriend him
and, when necessary, endeavour
to find him suitable employment, and may, if it
appears necessary in his interest so to do, at any time while the order remains
in
force and he is under the age of sixteen years, bring him before a
Juvenile Court.
45. The Government of the Turks and Caicos Islands provides some assistance
to parents and guardians in the performance of their child
rearing
responsibilities through the Department of Social Development. Although these
benefits are meanstested, great care is taken
to ensure that the eligibility
terms are nondiscriminatory and nonstigmatizing to the families concerned. These
programmes include:
social enhancement aid; home help; childcare including
foster care, adoption, early childhood education; and welfare grant.
Early Childhood Education
46. All though there are no public preschools on
the island, children of parents or guardians who are unable to pay for this
service
have the right to benefit from this service and other facilities. The
Department of Social Development assists parents with paying
school fees for
early childhood education.
Foster care
47. Children who are in need of care and protection
are usually placed with relatives or with a foster parent. The Department
assumes
all financial responsibility for the children. A weekly income is
provided to the caretaker for the upkeep of the children, and every
year the
Department purchase all school supplies including books and uniforms for the
children.
Welfare Grant
48. The Department of Social Development also
assists parents and guardians in providing basic amenities for children. These
may include
rent, electricity, furniture or any other item that will make the
children comfortable.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
49. The Ministry of Education has adopted, and
extended, the UNESCO International Commission on Education for the twentyfirst
century.
50. Several cohesive instruments direct education in the Turks and Caicos
Islands. The Education Ordinance (1989), the Education Regulations
and a dated
Five Year Education Plan, for example, have guided the development of an
“Education For All Policy Document”. Elements of the
Education Policy Document are already in effect, and other elements are being
incrementally implemented. The policy
document, for example, makes provision for
all children, especially within the compulsory school age four to sixteen years
to be
provided with preprimary, primary secondary and tertiary level education
that is consistent with regional and international standards.
For the most part,
education is provided through the public school system. However, on islands such
as Grand Turk and Providenciales
where economic activity has shifted demographic
trends, student enrolment figures have outstripped seating capacity in
institutions
of learning. In such instances, the Ministry of Education has
voluntarily subsidised children’s education in private schools,
thereby
ensuring that no child is deprived of quality education.
51. In an effort to lower illiteracy rate, a Literacy Programme has been
implemented and is managed at the departmental level by an
Education Officer,
and by teachers at the school level. In an effort to keep students abreast of
scientific and technical knowledge,
students are exposed to Information and
Communication Technology (ICT) from as early as the primary school level. All
primary schools
have computer laboratories and eight of the ten schools have a
Computer Teacher.
52. At the secondary level, students are exposed to a general education
programme for the first three years. At the commencement of
the fourth year,
they are given the option of selecting educational clusters (Arts; Business;
Science; Technical/Vocational; Careers
Development) that are in tandem with
career choices. Again, ICT is offered as a compulsory subject, and as an option
within the Business
Education and Careers Development Programmes. Guidance and
Counselling programmes, managed by trained Guidance Counsellors, services
are
fully established at the four secondary schools.
53. While corporal punishment has not been abolished, it has to be authorized
by the Minister. In practice, the Minister has not authorized
any, so it should
not take place.
Rest, leisure, recreation and cultural and artistic
activities
54. The Education Policy Document recommends that
“all schools should have access to outdoor track and field facilities
either
for independent use or shared by another school”. It further
recommends that “the Ministry of Education should train
several persons as
coaches in various sporting activities with a view to having a cadre of local
coaches available for national sporting
events”. The recommendation has
already been implemented as five young men, through the financial support of the
Ministry of
Education, are currently pursuing teacher education programmes in
Physical Education. Students are encouraged to engage in cultural
activities,
through clubs and societies, school concerts, television programmes, and
cocurricular and other extracurricular activities.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
55. There are currently no children applying for
refugee status in the Islands. Any applications would be dealt with under the
Immigration
Ordinance, and in accordance with the UN Convention on Asylum.
Children, specifically from Haiti, regularly arrive by sea on sloops
with their
parents or relatives, and are processed as unauthorized arrivals. The practice
is to detain unauthorized arrivals for
a short time (generally anywhere from
36/48 hours and up to a week)
while they are processed. They are then generally returned to their country
of origin by air at TCI Government expense. Men and women
are detained
separately. Children remain with their parents, or in separate
accommodation.
56. There are no children who have been in armed conflict on the islands.
Training for Professionals dealing with Juvenile
Justice
57. Continuous training workshops have been
conducted on the Convention as well as other relevant international human rights
conventions
for various professionals dealing with children including the
police, teachers, social workers etc.
ISLE OF MAN
CHAPTER I: GENERAL MEASURES OF
IMPLEMENTATION
1. The Committee
expressed concern in paragraph 6 of the Concluding Observations that
reservations to Articles 32 and 37 (c) of the
Convention still apply to the Isle
of Man. Withdrawal of the reservation to Article 32 will be considered shortly.
However, it is
not presently envisaged that it will be possible for the
reservation to Article 37 (c) to be withdrawn.
2. With reference to the Committee’s comments in paragraph 9 of the
Concluding Observations the Isle of Man Government would
note that as the Island
is internally selfgoverning it, rather than the State party, is responsible for
any law review and reform
in the matters relating to the Convention in the Isle
of Man. However, since the initial report there has been a significant updating
of the legislation that affects the Island’s children and young people.
This includes:
- Adoption
(Amendment) Act 2001 This Act made provision for giving effect to the
Convention on protection of children and cooperation in respect of intercountry
adoption,
concluded at the Hague on 29th May 1993; it also made further
provision in relation to adoptions with an international element
- Children and
Young Persons Act 2001 This Act reenacted Parts I and II of the Family Law
Act 1991; reformed the law relating to children; provided for social services
for children in danger and in need; provided for the regulation of
children’s homes, fostering, child minding and day care;
made new
provision for human fertilisation, embryology and surrogacy
- Education Act
2001 This Act made new provision for education and connected
purposes
- Matrimonial
Proceedings Act 2001 This Act reenacted with amendments certain enactments
relating to matrimonial proceedings and property and made new provision for
family homes and domestic violence.
3. In addition, the Island
has enacted the Human Rights Act 2001 which incorporates provisions of the
European Convention on Human
Rights into Manx law. This Act establishes a
general rights framework in law for all of the Island’s citizens,
including its
children and young people. It came fully into force on 1st
November 2006.
4. Also, the Representation of the People (Amendment) Act 2006 lowered the
age at which a person may vote in Isle of Man House of
Keys Elections from 18 to
16 years.
5. A Children and Young People’s Strategy Committee has been
established with the following remit:
“To review the policies relating to children whose behavioural
difficulties were not being addressed by parents and carers and
address the
welfare needs of these children. The Committee would also be looking at the
coordination and implementation of the key
cross departmental policies
applicable to children.”
6. The Children and Young People’s Strategy Committee tasked a team of
Officers from across Government to formulate a strategy
for all children and
young people. The Children and Young People’s Strategy 2005 2010 was
received by Tynwald in July 2005.
The overall aim of the Strategy is to:
“... continue to improve the lives and health of all children and
young people whilst recognising that some children, young
people and their
families need extra support.”
7. The Strategy was shaped by an extensive consultation programme carried out
in 2001/02 and autumn 2004 involving focus groups involving
a range of gender,
age, ability and geographical location, media and press, individual interviews
and with young people at two conferences.
Non government agencies were also
included in the consultation through focus groups and through direct
consultation.
8. Interim progress has been made towards sharing information through an
Information Sharing Protocol and the setting up a data base
of “looked
after children” which contains information from education, youth justice
and social services. Officer investigations
have begun into an Information
Sharing Index with the option of including only vulnerable children or all
children under 19 years
similar to that established in the UK.
9. In 2000 a multiagency Health and Lifestyle Survey group was established by
the Chief Secretary’s Office Drug and Alcohol
Coordinator in partnership
with DHSS and DoE initially and now with DHA also. This Group established a
school survey programme using
validated surveys by the World Health
Organisation. Lifestyle monitoring is carried through with the first surveys
taking place in
November/December 2001, 2003 and 2005.
10. In paragraph 15 of the Concluding Observations the Committee recommended
the establishment of a child rights focal point. The
Council of Ministers’
Social Policy Committee has given initial consideration into this recommendation
and is currently exploring
options for the appointment of a Commissioner for
children. In paragraph 17 of the Concluding Observations the Committee
recommended
that greater efforts be made to ensure that the Convention’s
provisions are widely known and understood. Press coverage of
the Isle of Man
Government’s appearance before the Committee contributed to awareness of
the Convention in the Island, as did
the Government’s publication of the
Concluding Observations and comments by the Council of Ministers thereon. This
report will
also be published and made available on the Isle of Man Government
website.
11. The Children and Young People’s Strategy has been also published on
the internet and is available in hard copy from the
libraries. It makes
reference to building on the United Nations Convention on the Rights of the
Child and the five guiding principles
of the Strategy are derived from the
Convention.
12. The awareness of issues concerning the welfare and rights and children
has also been significantly raised in the Isle of Man with
the publication by
Commission of Inquiry into the Care of Young People which published its Report
in May 2006. This Commission of
Inquiry was appointed by the Council of
Ministers in October 2004 in response to concern over the circumstances
surrounding the murder
in 2002 of two young people who had been in care.
13. In October 2006 the Department of Health and Social Security appointed an
advocate for children with disabilities to give children
with disabilities the
opportunity to voice their opinions relating to decisions that have a direct
impact upon how they live their
lives.
CHAPTER II: DEFINITION OF THE CHILD
14. The position of in the Isle of Man remains
substantially unchanged and generally analogous to that in the United Kingdom.
However,
certain references to legislation in paragraph 11 of the initial
report are no longer valid and require updating:
(a) (The Children and Young Persons Act 1969 referred to paragraph 11 (b)
has been largely repealed and replaced by, inter alia,
the Children and Young
Persons Act 2001. Under the 2001 Act a “child” means a person under
18 years of age except for
certain exceptions detailed in the Isle of
Man’s main report.
(b) A prohibition or restrictions may now be imposed on licensed premises,
or in any specified room in the premises, in relation
to the presence of persons
below a specified age (not exceeding 18 years);
(c) That the age of consent for homosexual acts has now been equalised with
that for heterosexual acts at 16;
(d) The Employment of Children Regulations 2005, made by the under section
54 of the Education Act 2001, now prohibit any child under
13 years from being
employed in any work in the Isle of Man.
CHAPTER III: GENERAL PRINCIPLES
15. Some sections of the Adoption Act 1984 have
been amended or repealed as a result of the Adoption (Amendment) Act 2001, which
made provision for giving effect to the Hague
Convention on protection of
children and cooperation in respect of intercountry adoption.
16. In December 2006 the Department of Education’s Youth Service
launched it’s “Join In, Speak Up” campaign,
which brings
together under one banner a series of new and existing projects which aim to get
the Island’s young people more
actively involved in their local community
and to give them greater responsibility.
17. As well as social workers, the Children and Family Services section
within the Social Services Division has 3 family advisers,
a children’s
advocate, a senior psychologist and a looked after children’s therapist.
In 2000 a Child Protection Training
Officer was appointed.
18. The Sexual Offences (Amendment) Act 2006, which came into force
on 1st September 2006, equalised the age of consent for sexual
activity for homosexual males with that of other persons at 16 years. The
Act also repealed section 38 of the Sexual Offences Act
1992, which
prohibited the “promotion” of homosexuality.
19. The principal provisions concerning the welfare of children are now
contained in the Children and Young Persons Act 2001. This
Act has amended and
reformed existing childcare legislation and made new provision concerning the
welfare of children. The main principles
and provisions embodied in the Children
and Young Persons Act 2001 are as follows:
- the welfare of
children must be the paramount consideration when the courts are making
decisions about them
- the concept of
parental responsibility has replaced that of parental rights
- children have
the ability to be parties, separate from their parents, in legal
proceedings
- the Department
of Health and Social Security (DHSS) is charged with the duty to safeguard and
promote the welfare of children who
are suffering, or who are likely to suffer,
significant harm
- certain duties
and powers are conferred upon the DHSS to provide services for children and
families
- the DHSS is
charged with the registration and regulation of children’s homes
- the DHSS is
charged with the regulation of privately fostered children, child minding and
day care for children
- delays in
deciding questions concerning children should be avoided as this is likely to
prejudice their welfare
- there are new
provisions for human fertilisation, embryology and
surrogacy.
20. The right to life of all persons, children and adults
alike, is now specifically recognised in Manx law by the Human Rights Act
2001.
21. The information in paragraph 30 of the initial report concerning the
Department of Education seeking the views of pupils and students
is still
applicable. However, in addition, in the event of a formal appeal against the
penalty of suspension for misbehaviour, legislative
changes introduced in 2004
require the appeal body to invite the pupil (if it thinks fit having regard to
the pupil’s age and
understanding) to make representations and consider
any representations made by him/her.
CHAPTER IV: CIVIL RIGHTS AND FREEDOMS
22. All pupils now have free access to the Internet
within their schools.
23. The Education Act 2001 safeguards the legal rights of parents or
guardians to withdraw their children from religious education
or religious
worship and to have access to denominational teaching of their choice.
24. Where the Department of Health and Social Security is looking after or
proposing to look after a child, it shall before making
any decision with
respect to the child, so far as reasonably practicable, ascertain the wishes and
feelings of the child, his parents,
any other individual who has parental
responsibility for him, and any other person whose wishes and feelings the
Department considers
to be relevant.
25. Under the Island’s criminal justice system no child (or, indeed,
any adult) may now be sentenced to any form of corporal
punishment. The power of
the Court of General Gaol Delivery to sentence a person to be whipped was
abolished by the Criminal Justice
Act 2001.
26. The use of corporal punishment in schools provided or maintained by the
Department of Education has been prohibited by law since
2004, when the relevant
provision (Section 10 (b)) of the Education Act 2001 came into force. Although
corporal punishment in private
sector schools is not specifically prohibited in
Manx law, the Government understands that it does not take place in these
schools
as a matter of policy.
27. Paragraph 43 of the initial report stated that Manx law does not provide
a statutory right of privacy. With the coming into force
of the Human Rights Act
2001 this is no longer the case.
CHAPTER V: FAMILY ENVIRONMENT AND ALTERNATIVE CARE
28. The Department of Home Affairs now has a
domestic violence draft strategy and is currently addressing the issue
politically. The
Probation Division runs a domestic abusers course for those
convicted, cautioned or self referring for domestic violence.
29. Manx law does not permit a child to be separated from his parent except
with the parent’s agreement or by a decision of
a court of law.
30. The Department of Health and Social Security may apply to a court to
place a child in the care of the Department, or put the child
under the
supervision of the Department or a probation officer. The court must be
satisfied that the child is suffering or likely
to suffer, significant harm; and
that the harm is or will be attributable to the care given to the child, or
likely to be given to
him if the order were not made; or the child is beyond
parental control.
31. No care order or supervision order may be made with respect to a child
who has reached the age of 17 (or 16, in the case of a
child who is married).
Unless previously revoked, a care order continues in force until the child
concerned reaches the age of 18.
Where a child is in the care of the Department,
the Department shall allow the child reasonable contact with the child’s
parents.
32. A juvenile court may no longer place a child in the care of the DHSS
where there are criminal proceedings against the child.
33. Where no person has parental responsibility for a child, the child is
lost or has been abandoned, or a person who has been caring
for the child is
prevented from providing him with suitable accommodation or care; the Department
of Health and Social Security is
under a duty to take the child into its care
(Children and Young Persons Act 2001 Section 25 (1)).
34. The Department of Health and Social Security as of August 2006 had 107
looked after children, of which 18 were with their relatives
on Island and 4
were with their relatives off Island, 24 were fostered on Island and 5 were
fostered off Island, 46 were in children’s
homes, 1 in a secure unit,
1 at a resource centre, and 8 placed in the United Kingdom 2 of which were in a
residential school. In
addition, the Department have children who have been
placed with relatives who are not Looked After Children and are referred to
as
Kinship care.
35. The Department now contracts with one main charitable organisation for
the provision in the Island of residential care for children
St.
Christopher’s Fellowship (Isle of Man) provides residential places for
children and young people in need and five places
(plus one emergency bed) in a
secure unit for young people who are at risk to themselves or others. The Isle
of Man Children’s
Centre also provides ten places for children and young
people in need.
36. A Care and Contract Manager for children’s services was appointed
in 2003 to develop and oversee the Service Level Agreements
with the service
providers.
37. The homes are registered, inspected and monitored by the DHSS. The new
Registration of Care Bill will encase in law the need for
small homes as well as
large homes to be registered, inspected and monitored.
38. In paragraph 27 of the Concluding Observations the Committee recommended
that measures be taken to prohibit the use of corporal
punishment in the home.
The use of reasonable chastisement by a child’s parent has not been
prohibited and, as in the United
Kingdom, there are presently no plans for this
to happen. It is not considered that a prohibition on the use of reasonable
chastisement
in the home would be either practical or desirable.
CHAPTER VI: BASIC HEALTH AND WELFARE
39. Vaccination against pneumococcal infection has
been added to the Isle of Man’s childhood immunisation programme.
40. In paragraph 77 of the initial report was reported as 6.4 deaths per
1,000 live births in 1992. The average number of deaths of
children aged
less than one year per 1,000 live births during the period 2000 to 2004 was
3.67.
41. The Isle of Man has updated the previous Drug and Alcohol Strategies from
1999 and 2000 respectively. These were externally evaluated
in 2003 with a
favourable report and recommended update after 5 years. The updated joint
Strategy was launched in April 2005 and
addresses the education and prevention
aspects relating to young people. There is a Drug/Alcohol Education Liaison
Officer who works
with teachers, PSHE coordinators and youth workers in
delivering and improving alcohol/drug sessions for each year group. In relation
to treatment and support for young people with drug/alcohol problems the Drug
and Alcohol Team has arranged for a worker to focus
on seeing young people
referred on a part time basis.
42. In relation to the issue of smoking, although not referred to in the
initial report, the age at which a person can purchase tobacco
products was
raised by law in 1999 from 16 to 18 years. The Public Health (Tobacco) Act 2006
has now been passed. This includes measures
aimed at reducing smoking such as
controls on the advertising of tobacco and a prohibition on sponsorship by
tobacco companies. It
is also intended that from 1st March 2008 a ban on smoking
in all enclosed public places will come into force.
43. The Isle of Man will have improved statutory provision in respect of
maternity (and paternity) leave when subordinate legislation
made under the
Employment Act 2006 comes into force during 2007.
44. The Disability Discrimination Act 2006, when brought into force, will
protect all of the Island’s people from discrimination
on the grounds of
disabilities that they may have. It is envisaged that, given the wideranging
implications of the Act, it will be
phased in over a number of years, as
happened in the United Kingdom.
45. It should also be noted that the welfare of children with disabilities is
high on the agenda for the Department of Health and
Social Security. A
transition programme has been developed that assesses the needs of all looked
after young people with disabilities
as they move into adulthood. A number of
different agencies are involved in the coordinated assessment from the age of 14
years in
order to plan for a smooth transition to adult services.
CHAPTER VII: EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
46. Legislation which came into force in 2004
confirmed the Department of Education’s aim to promote the spiritual,
moral, social
and cultural development of pupils (the Education (Curriculum)
(No. 2) Order 2004) and placed a statutory obligation on the Department to
ensure that sufficient schools are available to afford all pupils opportunities
for education, including practical instruction and training, appropriate to
their respective needs (the Education Act 2001, sect. 2).
47. The curriculum on offer to all pupils of compulsory school age in
provided and maintained schools must, by law, include Manx Gaelic
as a subject
option. Manx history and culture are also required elements of the
curriculum.
48. Run by Mooinjer Veggey in conjunction with the Department of Education, a
Manx Gaelic Medium School (the Bunscoill Ghaelgagh)
has been established and it
now has the full range of year groups from Reception to Year 6. In autumn 2006
there were 47 pupils on
its roll. Provision has been made with the
Island’s secondary school in Peel for these 11 years olds to be taught an
element
of the curriculum in Manx, so as to provide continuity for the
children.
49. The prescribed curriculum for provided secondary schools emphasises the
need for the curriculum for pupils aged 1416 years to
be relevant to the world
of work and all pupils within that age range now have the opportunity to study
NCVQs (National Council for
Vocational Qualifications) as part of their normal
curriculum.
50. The Department of Education has employed a third Education Liaison
Officer (formerly entitled School Attendance Officers) since
2005. The duties of
this officer include the monitoring of school attendance and child employment on
the Island.
51. The number of pupils who persistently truant from school is relatively
small and attendance and unauthorised absence rates on
the Island compare
favourably with the corresponding figures for maintained schools in England (see
below).
52. In paragraph 34 of the Concluding Observations the Committee requested
information on truancy rates in Island schools. The table
below provides overall
figures for primary and secondary schools during the academic year 2004/05. The
figures for schools in England
during that year are also provided for
comparison.
Academic Year 2004/05
|
|
Source
|
Attendance (%)
|
Unauthorised Absences (%)
|
Primary Schools
|
England Average
|
94.57
|
0.43
|
|
IoM Average
|
95.05
|
0.29
|
Secondary Schools
|
England Average
|
92.18
|
1.25
|
|
IoM Average
|
92.71
|
1.15
|
53. The information provided in paragraph 90 of the initial report is still
applicable. However, the Department of Education is in
the process of developing
an integrated policy for further education, vocational training and higher
education which is intended
to produce a comprehensive programme of initial,
continuing, updating and retraining opportunities in all areas of economic
activity
to address existing skill gaps and create those skills which will drive
the economy of the future.
54. The number of youth clubs maintained by the Department has increased from
17 to 22. These cater for children aged 1113 years.
The Department also
maintains a total 17 Play Clubs, which cater for children aged 811 years,
together with an Outdoor Education
Centre and 15 special projects involving work
with young people on the Island.
55. In order to increase higher education opportunities for students in the
Isle of Man, particularly those seeking employmentrelated
programmes, the
Department recently assumed responsibility for the Isle of Man International
Business School and has encouraged both
it and the Isle of Man College to
develop advanced courses.
56. The Department’s contract with INCLUDE, referred to by the
Committee in paragraph 34 of the Concluding Observations, has
not been renewed.
Instead, additional resources have been made available to schools to enable them
to provide inschool support for
pupils with emotional or behavioural concerns,
and specialist behavioural support centres (one for pupils of secondary school
age
and a second for those of primary school age) have been established to cater
for those pupils whose behavioural needs cannot be satisfactorily
addressed
within their own school community.
57. Following an external review of its Special Needs and Psychology Service,
in February 2007 the Department of Education announced
the drawing up of
action plan to further improve the Department’s performance in this
area.
58. Apart from facilities at schools, the Department of Tourism and Leisure
provides and promotes opportunities and access for residents
and visitors to
participate in quality leisure, recreation, sports and the arts. Children and
young people are especially targeted
in the promotion of sporting and leisure
opportunities The Department of Tourism and Leisure developed a £20 million
National
Sports Centre, which is highly accessible to children, both through
schools and clubs and individually. Participation in sport by
all sections of
the community, including children, is actively promoted through the Sports
Development Programme, with the parallel
objective of assisting in the
achievement of sporting potential. A Sporting and Healthy Schools Partnership
has been formed to reflect
the need to promote a healthier lifestyle and
increased levels of physical activity amongst children and young people.
CHAPTER VIII: SPECIAL PROTECTION MEASURES
59. Following the deaths of two young people in the
care of Government in 2002, the Council of Ministers established a Commission
of
Inquiry into the Care of Young People. The Commission reported in May 2006 and
consideration and implementation of the Report’s
132 recommendations is
progressing.
60. Under section 70 of the Children and Young Persons Act 2001 it is
conclusively presumed that no child under the age of 10 years
can be guilty of
an offence, but it cannot be presumed that a child age 10 years or older is
incapable of committing an offence.
The Isle of Man Government noted the concern
expressed by the Committee in paragraphs 18 and 19 of the Concluding
Observations in
respect of this proposal. However, the Government believes that
there are protections built into the 2001 Act for children aged 10
years and
older who are accused of an offence and there are presently no plans to raise
the age of criminal responsibility, which
is the same as that in the United
Kingdom.
61. The reference to s.28 of the CYPA 1966 in paragraph 104 of the initial
report is no longer valid. This provision has been replaced
and expanded upon by
s.76 of CYPA 2001. Where a child under 17 is committed to an ordinary court for
trial, he is to be released
on bail except in cases of homicide or if the court
is of the opinion that only his detention in custody would be adequate to
protect
members of the public from death or serious personal injury occasioned
by offences committed by him (CYPA 2001, sect. 76 (2)). A child may be
remanded to accommodation provided by the DHSS where he is at risk of suffering
significant harm or poses a risk
of harm to the public (CYPA 2001, sect. 76
(3)).
62. The Department of Health and Social Security is required by Manx law in
dealing with a child or young person who is brought before
the court, either as
being in need of care or protection or as an offender or otherwise, to safeguard
and promote his welfare, maintain
him, advise, assist and befriend him with a
view to promoting his welfare after he ceases to be looked after by the
Department of
Health and Social Security.
63. Various government and independent agencies work to aid the physical and
psychological recovery and social reintegration of child
victims. A key
role in developing effective joint
working and developing skills in this area is undertaken by the Island Child
Protection Committee. Its principle tasks are to monitor
and review interagency
procedures, promote interagency training, identify issues from the handling of
cases and to ensure proper
public awareness of child protection issues.
64. The Department of Home Affairs worked closely with the Department of
Health and Social Security in 2003 to provide for all children
and young people,
aged (or sentenced whilst) under seventeen years, to be accommodated in the new
young person’s secure unit
at White Hoe.
65. Youth Crime was down from 295 arrests in 2004/5 to 289 arrests in 2005/6.
Referrals to the Youth Justice Team rose from 595 in
2004/5 to 651 in
2005/6.
66. There is a scheme in place to actively help and support youths from
precrime intervention through to post court conviction and
supervision orders.
Cases are usually referred to them via a partner agency. They consider the
referral, analyse the facts and determine
the appropriate response.
67. There are very few youths who have been given a custodial sentence. The
Youth Justice Team and St. Christopher’s Fellowship
who are the service
providers for the secure unit have developed an agreement regarding young
persons remanded in custody.
68. A major review of the Island’s legislation governing the employment
of children resulted in the introduction, in 2005, of
new statutory provision in
this area the Employment of Children Regulations 2005. No child under 13 years
of age may now be employed
in the Island and children aged 1314 years are only
permitted to undertake light work. Certain types of work are prohibited in the
case of all young people under 18 years of age, and restrictions apply to the
employment of children who are still of compulsory
school age. In addition,
legislation designed to offer added protection to children performing in film,
TV and stage productions
in the Isle of Man was introduced a year
earlier, in 2004 (the Performances by Children
Regulations 2004).
69. The Department of Education employs a fulltime Drug and Alcohol Liaison
Officer whose main responsibilities include providing
guidance to schools
regarding drug or substance abuse (including alcohol and tobacco) among young
people and liaising with other
relevant Government agencies.
70. Paragraph 37 of the Concluding Observations refers to the current
reservation to Article 32 of the Convention and also to ILO
Conventions No. 138
and No. 182. Preliminary consideration has been given to both the withdrawal of
the reservation and the extension
of the ILO Conventions to the Island. Further
consideration will be given to these matters with a view to a decision being
taken
during 2007.
71. In addition to the updating of the Island’s Drug Strategy, there is
a drug arrest referral scheme mainly for adults but
where young people are
concerned they are referred to the Young People worker in the drug and alcohol
team. There is also a juvenile
alcohol referral scheme which is also a
multiagency response to alcoholrelated problems and involves the youth justice
team members
with both statutory and non statutory agencies working with young
people and their parents.
Optional protocols
72. In paragraph 43 of the Concluding Observations
the Committee recommended that the State party consider ratifying and extending
to the Isle of Man the two Optional Protocols to the Convention. The decision of
the State party on the ratification of the Optional
Protocols is not a matter
for the Isle of Man Government.
[* ] According to information transmitted to
States parties concerning the processing of reports, the present document has
not been edited
before being sent to the United Nations translation
services.
[**] 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;
for the
second periodic report, see document CRC/C/83/Add.3; and for the
Committee’s concluding observations see document CRC/C/15/Add.188.
[1] This does not include
Higher Education expenditure, which will include some young people under 18, and
the Further Education data
included may cover some people over the age of
18.
[*] Please Note:
(i) UK Education figures (excluding HE and student support) and are taken from
the annual Public Expenditure Statistical Analysis
(PESA) report from HMT and
the ONS.
(ii) Spending classified as ‘education’ here is consistent with the
UN ‘classification of the functions of government’
(COFOG) system
for classifying govt spending.
(iii) Child Benefit figures are taken from the Tax Benefit Reference Manuals
for the relevant years.
(iv) The above figures do not include:
- DCSF spending on
children not classified as education (i.e. largely if not entirely social
protection spending);
- Other Government
Departments’ expenditure on children because expenditure is not
disaggregated by age group;
- Devolved
administrations’ spending on other services for children not picked up by
first and second bullets above;
- Children’s
Social Services outturn figures are published for England, but not the UK as a
whole;
- Child Tax Credit
and Working Tax Credit the WTC will in part be attributable to families with
children, but cannot be broken
down.
[2]
Relative low income is defined as children in households with an income below
60% of contemporary median household income. Incomes
are equivalised that is
adjusted to take account of family composition using the Modified OECD scale,
and are reported before housing
costs are deducted.
[3] ‘Reducing
ReOffending by ExPrisoner’s, Social Exclusion Unit, 2002 found that
the presence of stable accommodation in a young person’s life can mean a
reduction
of more than 20% in reoffending rates.
[4] Reoffending of
juveniles: results from the 2004 cohort, RDSNOMS, Home Office,
June 2006.
[5] This data was collected
through returns from Crown Prosecutors as part of their monitoring of the SOA.
It is not comprehensive as
returns were not received from all Crown
Prosecutors.
[6] Section 118 (2) and 119
of the Criminal Code, 1997.
[7] Convention extended
by the UK Government.
[8] Entry Control
(Ascension) Ordinance.
[9] Cap. 167 St. Helena
law that applies by virtue of the Application of St. Helena Law (Ascension)
Ordinance.
[10] Children and Young
Persons Ordinance Cap. 83.
[11] Child Care Ordinance
Cap. 82.
[12] Race Relations
Ordinance Cap 84 an enactment of St. Helena.
[13] A St. Helena
enactment applied to Ascension.
[14] Juvenile Smoking
Ordinance, Cap 58 of 1950 revised edition of the Laws of St. Helena.
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