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State of Children's Rights in England

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State of Children's Rights in England State of Children’s Rights in England | General measures of implementation iii STATE OF CHILDREN’S RIGHTS IN ENGLAND Review of Government action on United Nations’ recommendations for strengthening children’s rights in the UK iv State of Children’s Rights in England | General measures of implementation The Children’s Rights Alliance for England (CRAE) protects the human rights of children by lobbying government and others who hold power, by bringing or supporting test cases and by using regional and international human rights mechanisms. We provide free legal information, raise awareness of children’s human rights, and undertake research about children’s access to their rights. We mobilise others, including children and young people, to take action to promote and protect children’s human rights. CRAE has produced an annual State of Children’s Rights in England report since 2003. This report is the eleventh in the series. It summarises children’s rights developments from December 2012 to November 2013. We are very grateful to the organisations who provide Kalkan Gunes (Barnardo’s) funding for our vital monitoring and advocacy work: Kamena Dorling (Coram Children’s Legal Centre) Joseph Rowntree Charitable Trust, The Bromley Trust, Kate Mulley (Action for Children) The Children’s Society and UNICEF UK. Keith Clements (National Children’s Bureau) CRAE particularly thanks The National Society for the Lisa McCrindle (NSPCC) Prevention of Cruelty to Children (NSPCC) for its generous Lisa Payne (UNICEF UK) donation towards this publication. Liz Davies (London Metropolitan University) Many individuals and organisations contributed to Louise King (Save the Children) this report by providing evidence, drafting sections and Lucy Emmerson (Sex Education Forum) commenting on drafts. We are grateful to the following: Melian Mansfield (London Play) Micheline Mason (CRAE Patron) Aimee Ashton-Freeman (Just for Kids Law) Michelle Monamy (National Youth Agency) Andrew Neilson (The Howard League for Penal Reform) Mital Raithatha (Just for Kids Law) Angela Donkin (Institute of Health Equity) Nguyen Thienhuong (Colchester & Tendring Anna Edmunson (INQUEST) Women’s Refuge) Artemi Sakellariadis (Centre for Inclusive Education) Peter Newell (Children are Unbeatable!) Bill Badham (Practical Participation) Priscilla Alderson (Institute of Education) Caroline Little (Association of Lawyers for Children) Rachel Hodgkin (Children are Unbeatable!) Chloe Setter (ECPAT UK) Rachel Zaltzman (Equality and Human Rights Commission) Chris Crocker (NYAS) Rasal Sesay (Action for Prisoners Families) Clare Rhatigan (Colchester & Tendring Women’s Refuge) Richy Thompson (British Humanist Association) Deborah Cowley (Action for Prisoners’ Families) Sally Ireland (Office of the Children’s Commissioner) Dragan Nastic (UNICEF UK) Sarah Campbell (Bail for Immigration Detainees) Ellie Cumbo (End Violence against Women Coalition) Sharma Neera (Barnardo’s) Fleur Hallet (Just for Kids Law) Sharon Goldman (Islington Council Children’s Social Care) Frances Winter (Office of the Children’s Commissioner) Shauneen Lamb (Just for Kids Law) Harry Walker (Brook/FPA) Sonja Jutte (NSPCC) Hollie Warren (Save the Children) Stella Galea (Royal College of Psychiatrists) Holly Dustin (End Violence against Women Coalition) Steve Broach (Doughty Street Chambers) Ilona Pinter (The Children’s Society) Su Sukumaran (CRAE member) Isabella Sankey (Liberty) Syd Bolton (The Coram Children’s Legal Centre) Jack Smith (The Who Cares? Trust) Tara Flood (Alliance for Inclusive Education) Jake Mcleod (SCYJ) Tim Bateman (University of Bedfordshire) Jenny Clifton (Office of the Children’s Commissioner) We would like to express particular thanks to Heloise Jenny Chambers (The Howard League for Penal Reform) Hartley, Cadi Davies, Catherine Franks, Kiran Malik. Jill Roberts (Institute of Health Equity) Joan Walmsley (Baroness) (Member of the House of Lords) Any views expressed or errors in this report are CRAE’s Jon Rallings (Barnardo’s) and do not reflect the views of these individuals and Jonathan Butterworth (Just Fair) organisations, or of CRAE’s members. Judith Dennis (Refugee Council) ISBN: 978-1-898961-39-0 CONTENTS Overview 2 Introduction 5 1. General Measures of Implementation 6 2. General Principles 16 3. Civil Rights and Freedoms 31 4. Family and Alternative Care 41 5. Basic Health and Welfare 63 6. Education, Leisure and Cultural Activities 86 7. Special Measures of Protection 101 OVERVIEW In seeking membership of the UN’s Human Rights Council this year, the UK Government asserted that it is ‘committed to a strong, effective international human rights system.’ It also claimed to be ‘a passionate, committed and effective defender of human rights’. 1 Such explicit commitment is very welcome. But over the last year, the Government has often given the impression it has no such commitment when the international and European human rights systems impact on the UK. The UK’s human rights record has been scrutinised this year by two UN Treaty Bodies: the Committee against Torture and the Committee on the Elimination of Discrimination against Women. Both condemned the UK for consistently failing to address many previously identified violations of human rights – among them rights specific to children, including the unlawful use of restraint on children in detention, the low age of criminal responsibility and the persisting legality of corporal punishment. Next year, children’s rights move to centre stage. The Government must report to the Committee on the Rights of the Child on how it has implemented the UN Convention on the Rights of the Child (UNCRC). The Government’s draft report has just (October 2013) been published for consultation, and while it provides descriptions of policy changes affecting children, it contains almost no analysis of the impact these changes have had on children themselves. Had this information been provided, the picture would be bleak. Our 2013 report shows that economic pressures have been used to justify not only a serious erosion of children’s economic and social rights, such as health, food and the right to play, but also fundamental changes to our justice system. Huge cuts to legal aid and restrictions on judicial review seriously undermine children’s ability to challenge rights violations across the board. Children and their representatives must be able to seek the courts’ protection when, for example they are hungry or homeless, denied education or contact with their family or are unlawfully assaulted, mistreated or neglected. As Lord Neuberger has said ‘rights are valueless if they cannot be realised, and such realisation inevitably carries with it access to the courts’. But ensuring effective access to the courts is also a preventive measure, making it less likely that children’s rights will be breached in the first place. Using the courts to enforce children’s rights should be a measure of last resort. The effective protection and implementation of children’s rights relies in the first instance on key public services – social care, education, health – being accountable within the administrative system. But our report finds that this form of accounta- bility has also been weakened by recent changes, for example in the schools system and health service. It has become increasingly difficult to identify which body is responsible for a children’s rights violation, what meas- ures are available to hold them accountable – and even to obtain the data on how children are being treated. Summarised below are a few welcome improvements to children’s rights and the most serious violations that are described in detail in the report. But perhaps the most urgent question for CRAE and other advocates of children’s human rights is how can children secure their right to challenge and gain effective remedies for these violations? General Measures of Implementation The Government’s very welcome 2010 commitment to have regard to children’s rights when developing law and policy affecting children does not appear to have occurred in practice. The role of the Children’s Commissioner has been reformed with significant improvements in relation to children’s rights. There are still concerns about the Commissioner’s independence. 1 Foreign and Commonweatlth Office (2013) UN Human Rights Council UNITED KINGDOM 2014 –2016 Candidate State of Children’s Rights in England | Overview 3 General Principles There is huge inequality in children’s enjoyment of the right to life. The figures still show that infant mor- tality varies significantly according to socio-economic group; for example babies with fathers employed as shelf stackers or care assistants (“semi-routine occupations”) were almost twice as likely to die as those born to professionals. Civil Rights and Freedoms While the focus has been on the effects of austerity on children, children have also suffered incursions into their civil rights. For example: • The new system for regulating anti-social behaviour will allow children as young as 10 to be issued with IPNAs (the new ASBOs) for conduct ‘capable of causing nuisance and annoyance’. From 14, they can be imprisoned for breach. Children who live in social housing will be evicted if they, or a member of their family, breach an order; and • Tasers were used on children 323 times in 2011 compared with 135 times in 2009. Family Life and Alternative Care Families have been placed under increasing pressure as a result of welfare reform and tax changes combined with the rising cost of living and stagnating
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