Listen and Change A Guide to Children and Young People’s Participation Rights 2nd Edition

Listen and Change A Guide to Children and Young People’s Participation Rights 2nd Edition This guide has been produced on behalf of Participation Works by the Children’s Rights Alliance for England. Written by Tom Burke Participation Works enables The Children’s Rights Alliance organisations to effectively for England protects the human involve children and young rights of children by lobbying people in the development, government and others who hold delivery and evaluation of power, by bringing or supporting services that affect their lives. test cases and by using regional We are a consortium of six and international human rights national children and young mechanisms. We provide free people’s agencies made up of legal information and advice, the British Youth Council, the raise awareness of children’s Children’s Rights Alliance for human rights, and undertake England, the National Children’s research about children’s access Bureau, the National Council for to their rights. We mobilise Voluntary Youth Services, Save others, including children and the Children and The National young people, to take action to Youth Agency. promote and protect children’s human rights. Each year we We offer a comprehensive publish a review of the State of programme of activities and children’s rights in England. resources on participation – For more information visit: including workshops, training www.crae.org.uk sessions and practitioner networks – designed to support organisations and practitioners that work with children and young people under 25 years old. For more information visit: www.participationworks.org.uk

Participation Works 8 Wakley Street London EC1V 7QE March 2010 Published by the Children’s Rights Alliance for England on behalf of Participation Works. ISBN: 978-1-898961-26-0

4 Listen and Change Contents

Foreword PAGE 7

Introduction PAGE 8

Chapter 1. Children’s human rights and participation PAGE 10

Chapter 2. Positive impacts of participation PAGE 18

Chapter 3. Leadership in local authorities PAGE 24 and the third sector

Chapter 4. Building a culture of participation in PAGE 34 your organisation

Chapter 5. Dealing with dilemmas and difficulties PAGE 40

Chapter 6. Conclusion – the way forward PAGE 48

Appendix A: Legislative duties and policy obligations PAGE 52

Appendix B: Monitoring human rights in England PAGE 58

Appendix C: Inspection and regulation of participation PAGE 60 in local authorities

Abbreviations and acronyms Page 66

Listen and Change 5 Acknowledgements first edition Comments were also received The opinions expressed in this Carolyne Willow initiated this by Participation Works partners guide do not necessarily reflect the publication and significantly including Bill Badham (The NYA), policies or views of Participation shaped ideas and content James Sykes (Save the Children), Works and its partners or of the Big throughout the drafting process. Barbara Hearn and Janine Young Lottery Fund. Madeleine Tearse’s dedication, (NCB) and Abi Carter (Participation CRAE has made every effort direction and editing were Works Network for England). to ensure the accuracy of the essential to completing this Acknowledgements information contained within this report. Many thanks to both. second edition publication and content has been The guide was copyedited by We are grateful to The National checked with contributors wherever Kathryn O’Neill. Youth Agency for allowing us to possible. However, we would like to reproduce the What’s Changed offer apologies for any inaccuracies We are thankful to the external that may have occurred. experts who commented on initial case studies and to the National drafts of the document: Children’s Bureau for using findings from the Building a Culture of • Prof Priscilla Alderson, Participation research. Professor of Childhood Studies, Institute of Education In revising this second edition we are grateful for comments • Liam Cairns, Director, Investing received from: Jack Green, Young in Children activist with the Children’s Rights • Dr Tom Cockburn, Lecturer Alliance for England; Paulina in Applied Social Sciences, Filippou; Nick Snow; Claire Grant; University of Bradford James Mullarkey, Jo Denoris, Kerri • Jack Lewars, National Mackin (Participation Works); Student Support Officer, Faiza Chaudary and Hannah English Secondary Students’ Dobbin (NCVYS); Zoe Renton Association (NCB) and Helen Deakin (BYC). We also received comments from • Leon Mexter, Chief Executive, the Participation Works Network Regional Youth Work Unit – England National Steering Group. North East • Eleanor Munro, Participation Consultant, The National Youth Agency • Emily Munro, Research Fellow, Centre for Child and Family Research (CCfR), Loughborough University • Chris Osborne, Policy Adviser, The Children’s Society

Design and print by: www.graphicimpressions.co.uk

6 Listen and Change Foreword Peter Wanless, Chief Executive, Big Lottery Fund Over the past six years, the Big Lottery Fund has distributed billions of pounds to support communities across Britain. Many thousands of children and young people’s lives have been touched by projects that we have supported. Learning from our funding programmes has shown that the most positive results are realised when young people are themselves involved in planning and delivering the projects that are aimed at engaging them.

Expecting young girls hanging Together, we wanted to increase round a street corner to quit the number and quality of smoking and get a job by opportunities for young people to attending healthy living lessons a get involved in leading projects. We bus ride away is far less effective wanted organisations to be able to than hearing what they want and share their ideas about what works responding to it. I recently heard with each other. Most importantly, from a great project who worked we wanted to support a long term with such girls to determine that cultural change in services that they wanted to know about health affect young people ensuring that and beauty tips. Via early sessions those young people themselves are about what tobacco does to your involved appropriately at all stages. teeth and the number of calories Listen and Change was one of in wine, they were soon engaged the first publications produced by in locally-based learning activities Participation Works. It introduces that led to qualifications and managers and leaders in possible careers in retail. organisations to participation Connecting with those voices and and the contribution they can opinions is far from straightforward. make in promoting a culture of The best of intentions can flounder participation among services that when young people resist, rebel affect young people. or appear not to know “what is At the Big Lottery Fund, good for them”. To help learn participation and user involvement from those who have worked will continue to be at the heart of long and hard in this territory, every project we fund. I hope this the Big Lottery Fund has, since guide will introduce you to these 2007, invested in the Participation concepts as you advance your Works consortium. We wanted to important work with children and ensure third sector organisations young people. and the young people’s sector generally had a free resource that could give everyone access to the best of what is around when Design and print by: it comes to increasing young Peter Wanless, Chief Executive, www.graphicimpressions.co.uk people’s participation. Big Lottery Fund

Listen and Change 7 Introduction

This guide aims to increase understanding of children and young people’s participation rights and how they can be realised in local authority and third sector settings. It suggests ways to effectively listen to children and young people in order to create change with them and for them.

Who is this guide for? for relationships with In this guide we focus on The guide is aimed at people children and young people participation in decision-making working in a managerial or as citizens, service users, and particularly children and leadership role in the third advisers, directors, volunteers, young people participating in sector or local authorities – for consultants and employees. something set up by adults. example, elected members, Participation is relevant at all However, it is important to trustees and heads of services. levels: governance, service remember that children and delivery, policy-making, young people are constantly Full engagement with community involvement and making decisions – most of the children and young people’s broader public campaigns time without the involvement of participation has implications and lobbying. adults – and may be engaged in self advocacy through forming and leading their own groups.

What’s in this guide? The guide starts by examining an approach to participation based on human rights. Article 12 of the United Nations Convention on the Rights of the Child (CRC) guarantees every child aged 17 and under the right to express their views and feelings on all matters that affect them. A human rights approach to participation stresses inclusion of all children, respect for their equal worth and the changes that result due to the participation process. Chapter 2 discusses the many benefits that participation brings, not only to children and young people but also to organisations and the wider community. It gives children and young people the chance to gain new skills, experiences and knowledge. It can build their self-esteem and confidence

8 Listen and Change Introduction and provide opportunities to change in the attitudes and Introduction reflect on their values. It can values of those working with and A note on terms make organisations and services for children and young people. more efficient and effective. It is Within your own organisation, Involvement and engagement an integral element of excellent, valuing children as equal describe the inclusion of children and young people in fair and respectful services and partners in change and using a some form of decision-making. organisations. It plays a crucial human rights framework as the role in building stronger, cohesive basis for their participation will Consultation is the process communities – the foundation for be a big step forward in ensuring by which children and young a healthy democracy. that all children are heard and people are asked their opinions: Chapter 3 looks at the critical role able to influence decisions that this can be on a specific issue of senior leaders and managers affect them. (for example, how can we in the statutory and third sector improve this playground?) or in enabling participation and Definition of participation it can have a broader agenda (for example, what is needed transforming organisations and Participation is the process by in this area to help improve local decision-making structures which individuals and groups of children and young people’s so that they become more individuals can influence decision- safety?). Consultation requires inclusive and reflect children making and bring about change.1 a commitment to listen and and young people’s views. An Children and young people’s give due weight to the views organisation’s commitment, participation is just as relevant expressed. It can be informal support and belief can be a key to individual decision-making and everyday – a social worker, determining factor in the (for example, relating to a child’s early years worker or youth success or failure of strategies to health or education) as it is to worker seeking the views of promote participation. strategic decision-making that individual children or young Ensuring that participation is affects many children and people, for instance – or it can a sustainable, effective and young people or specific be formal and one-off – a public inclusive process brings specific population groups. body consulting on the voting challenges. Drawing on research Meaningful participation requires age, for instance. and best practice, in Chapter that children and young people Participation is the process by 4 we suggest ways that senior have access to information which individuals and groups leaders and managers can ensure appropriate to their understanding of individuals can influence that meaningful participation is and circumstances. They may decision-making and bring embedded in all aspects of the need advice and support to about change. organisation, building a culture develop their views and ideas where children are respected and Children and young people for making change happen. their views are valued. are contested terms. Consistent It requires decision-makers with the UN Convention on the Chapter 5 looks at some of the that are open and honest, can Rights of the Child, we define dilemmas and difficulties you communicate respect and who any person aged 17 and under might face when introducing respond quickly to the child as a ‘child’. Many children prefer a culture of participation into or young person’s proposals, to be known as ‘young people’. your organisation. We suggest requests, questions or demands. The term ‘young people’ is less ways of dealing with common In collective participation, clearly defined internationally, problems and pitfalls. children and young people will and sometimes is seen to The concluding chapter presents also benefit from the opportunity include those in their mid-20s some suggestions for how to take to meet and discuss their views and even the under-35s! In the participation agenda forward. and experiences with others in this report, ‘children and young While some key legal changes similar situations. Participation people’ refers to all those up to would support and strengthen often enables children and young the age of 18. participation, there are things people to hold decision-makers you can do right now to facilitate to account.2

Introduction Listen and Change 9 Children’s human rights 1 and participation

... that luminous living“ document that enshrines the rights of every child without exception to a life of dignity and self-fulfilment.”3 Nelson Mandela (2000) describing the UN Convention on the Rights of the Child

Children are not “mini-persons with mini-rights, mini-feelings and mini-human dignity. Many of the They are vulnerable human problems“ in our society beings with full rights which today are caused by the require more, not less protection separation between the younger [than adults].”4 and older generations. Young Maud de Boer-Buquicchio, people should no longer be shoved Deputy Secretary General, to one side and ignored. It is our Council of Europe (2005) future that is being decided upon; and sometimes that is forgotten.” 17-year-old boy talking to the ‘Get Ready for Geneva’ investigation team (2007)

10 Listen and Change Human rights are universal legal a dedicated human rights treaty All organisations acting on behalf guarantees that aim to ensure between 1979 and 1989. The United of the State have an obligation each individual can fulfil his or Nations Convention on the Rights to follow and uphold children’s her potential, with an emphasis of the Child (CRC) includes over 40 human rights. There are three on freedom, respect, non- substantive rights – economic, social ways this can be done: 7 discrimination and the preservation and cultural as well as civil and • Respecting rights means that of human dignity. They place political. Many of these are included laws, policies, programmes and obligations on the State and those in treaties previously agreed by practices must not violate rights. carrying out public functions. the United Nations but some are • Protecting rights means that tailor-made for children and young Modern human rights were first States (and those acting on people, including the importance set out in the Universal Declaration their behalf) must prevent of Human Rights (1948), which and role of parents, prioritising the violations by others and at the asserts that children are entitled child’s best interests, full protection same time provide adequate to “special care and assistance”.5 from all forms of violence, and the remedies for breach of rights. A series of international human right to education that helps children • Fulfilling rights means that rights treaties followed; almost all develop fully as people. States must take positive of their provisions are applicable The CRC is now the second most- actions to ensure that each and to children and young people as widely ratified human rights treaty, every child or young person well as to adults.6 with all but two countries signing up can enjoy his or her rights. In recognition of the particular to its provisions.* vulnerability of children, the * There are now 192 States Parties to the CRC. The CRC is surpassed only by the Geneva (1949) Conventions, which international community drafted achieved universality in August 2006. The only States not to have ratified the Convention are the USA and Somalia.

Human rights – are they improving children and young people’s lives? During the late 1980s and A series of surveys have found misunderstanding of the throughout the 1990s, local low levels of understanding of Human Rights Act and the authorities and third sector human rights in public and third opportunity to apply human organisations developed a sector bodies: rights in service delivery or in greater awareness of children’s its policy and advocacy.10 • A 2003 Audit Commission human rights, with the adoption analysis of progress in • A 2007 survey by the Children’s of the UN Convention on the implementing the Human Rights Rights Alliance for England, Rights of the Child (CRC) in Act across 175 public bodies to which 139 out of 150 local 1989. Closer to home, child found that 58 per cent of them authorities responded, reveals a abuse scandals in residential had “not adopted a strategy for widespread lack of understanding care homes led many local human rights” and had “no clear of and engagement with the authorities to appoint children’s corporate approach”.8 comprehensive range of rights in rights officers, often in the CRC. partnership with third sector • A 2003 study considering the organisations. Yet, there remains incidence of Human Rights Act • The 2009 Human Rights a notable lack of human rights claims in civil judicial review Inquiry by the Equality and information, training and proceedings highlighted that Human Rights Commission understanding across third “decision-makers in public found widespread public sector organisations and public bodies have yet to absorb and support for human rights. authorities. This is despite the incorporate in their decision- However, it also found lack of Human Rights Act (HRA) (1998) making processes the values knowledge and understanding that was meant to ‘bring rights inherent in the HRA”.9 in public authorities and some home’ for children and young negative perceptions of the • A 2004 study of the voluntary people, as well as adults. Human Rights Act itself.11 sector found widespread

Children’s human rights and participation Listen and Change 11 1667 Looking back in history Towards a Magna Carta for children – the The English parliament UN Convention on the Rights of the Child 1668 witnessed one of After the UN voted for the adopted the Declaration on the earliest recorded Convention, James Grant, then November 26, 1924. events of self-advocacy 1669 Head of the United Nations More than 50 years later, Poland by children when “a Children’s Fund (UNICEF), called for a specific Convention lively boy” presented said: “For children, [the CRC] for children. A decade of 1670 a petition “on behalf is the Magna Carta. To get one international discussion of the children of this common doctrine is a near (including UK civil servants nation” protesting “that miracle in its own right... It creates and children’s rights activists) 1671 intolerable grievance our a new international norm.” followed. The treaty was finally youth lie under, in the The journey towards a Convention adopted by the UN on November accustomed severities of for children began with the outrage 20, 1989, now celebrated as the school discipline of of a primary school teacher from Universal Children’s Day. this nation”.12 the Isle of Wight. Eglantyne Jebb The UK Government signed the was appalled by the suffering of Convention on April 19, 1991 children at the end of the first and ratified it on December 16 world war. With her sister, she that same year, with cross-party founded Save the Children Fund support. The Convention is not and lobbied the newly created (yet) incorporated into UK law League of Nations to accept a though it can be cited in court and Declaration on the Rights of the other proceedings and it has the Child. The fledgling organisation status of international law.

European Convention on Human Rights and the Human Rights Act (1998) The European Convention on European Court of Human Rights police and the courts) to act in a Human Rights (ECHR) was in Strasbourg, France. Cases way that is incompatible with the drafted in the aftermath of the brought by British people, including Convention. If an individual (of second world war. It includes children and young people, have whatever age) believes that his or 16 substantive rights and led to considerable changes in her rights within the ECHR have freedoms, ranging from the right policy, for example, relating to the been violated by a public authority, to a private and family life to the prohibition of corporal punishment the case can now be considered right to protection from torture in schools,13 improved access by a UK court. If the matter is not and inhuman and degrading to social services files14 and the settled domestically, the case can treatment or punishment. The importance of acting consistently still be taken to the European Court provisions apply to everyone in with the child’s wishes in family of Human Rights. contact cases.15 each country that has ratified The ECHR was not drafted the Convention. The treaty was In October 1998, the main articles specifically for children and young ratified by the UK in March 1951, of the ECHR were incorporated people but all of its provisions and came into force in September into UK law through the Human apply to them. In interpreting the 1953. The UK accepted the Rights Act, which came into force Convention, the European Court complaints mechanism for the in 2000. The Act makes it unlawful of Human Rights has affirmed the ECHR in 1966 – thus allowing for public authorities (these include CRC as the international framework people to take a case to the central and local government, the for children’s human rights.16

12 Listen and Change Children’s human rights and participation Participation and human rights freedom of expression and the commitments, pledges The CRC provides a powerful right to meet others and form and events can help bring tool to ensure that children and associations. Article 23 gives about change but they are young people can participate young disabled people the right not in themselves evidence fully in matters that affect them. to active participation in the of change. Furthermore, a It is based on a premise that community. children’s rights approach children and young people are In 2009 the Committee on ensures that it is children and of inherent equal worth to adults the Rights of the Child, the young people at the forefront and should be accorded respect monitoring body for the of bringing about – and and preservation of their dignity. Convention, issued a general judging – change. It also, however, recognises that comment on the child’s right children face particular barriers to be heard.17 This gives in influencing decision-making, authoritative guidance on the due to their understanding, minimum expectations on Case Study governments in implementing individual circumstances, The National Youth Article 12. specific vulnerabilities and Agency (The NYA) What’s social status. Therefore, children There are a number of features Changed case study have additional human rights of a children’s rights approach Sunderland – protection to ensure that they to participation. These draw The Box Youth Project can express themselves and for on the rights of the CRC and Five years ago there was their views to be taken seriously. human rights principles. no youth provision for Article 12 of the CRC assures • Participation results in action Sunderland South. Local to every child the right to and change young people attended a express their views freely and Human rights are all about public meeting and formed for them to be given due weight improving the lives of a youth forum with the aim in all matters affecting them, in individuals, their wider of developing a local youth accordance with their age and communities and society. centre. They were supported maturity. They should be able The test of whether human by detached youth workers, to participate in any judicial rights have been followed but the project was led by or administrative proceeding. is the impact on individual the young people right from Whilst Article 12 might be the children and young people. the start. They renovated a most well known provision A children’s rights approach disused community building relating to participation, to participation ensures that with funding from a ‘Here the Convention also grants it leads to action and change to Help’ award. The young children the right to information, – policy papers, strategies, people opened their Box Youth Project in November 2006. It provides a place Article 12 of the UN Convention for young people to meet on the Rights of the Child friends but also get help and guidance if they need States Parties shall assure For this purpose, the child it. The Box Youth Project to the child who is capable of shall in particular be provided now holds the main contract forming his or her own views the opportunity to be heard in for Sunderland South youth the right to express those any judicial and administrative provision and has also views freely in all matters proceedings affecting the gained local extended affecting the child, the views child, either directly, or schools contracts. of the child being given due through a representative or an weight in accordance with the appropriate body, in a manner Learn more at: age and maturity of the child. consistent with the procedural www.nya.org.uk/ rules of national law. whatschanged

Children’s human rights and participation Listen and Change 13 • Participation is a right, not occurrence, particularly in • Participation has no an optional extra decisions that affect them. A minimum age While many adults and child’s right to participation Babies and very young organisations are committed to cannot be removed because children communicate their working in true partnership with of ‘bad’ behaviour or because feelings, wishes and ideas all children and young people, he or she is disliked. of the time. Article 12 stresses some consider participation to that all children have the right • Participation is a right for all be a luxury or a passing fad. to express their views freely Every child has the right to be A children’s rights approach and the UN Committee on heard and taken seriously in stresses the obligations of all the Rights of the Child has matters affecting them. All of those working with children produced specific guidelines the rights in the Convention and young people to make on protecting the rights of apply to all children “without 19 participation an everyday young children. discrimination of any kind” The CRC recognises that 1887 (Article 2). This places a Looking back in history children have ‘evolving positive obligation on those capacities’ – that their The Cruelty Act, carrying out a public function capacity to act, and influence 1888 sometimes referred to to identify and break down and make decisions will as a Children’s Charter, barriers that prevent the evolve over time. This is not led the first legislative inclusion of individuals or 1889 a straightforward or linear move for the right to specific groups of children process correlated with age. speak out in decision- and young people. Tackling making. It recognised Many factors affect a person’s 1890 discrimination involves a child as competent to preventing and addressing capacity – their individual give evidence against unfair treatment, while also circumstances, experiences, 1891 his (sic) ‘oppressing recognising the diversity of knowledge, and so on. parents’, even when children and young people’s A children’s rights approach too young to understand identities, circumstances, recognises that there is no 18 the oath. experiences and views. fixed age or stage at which Case Study Training for Children’s Rights are relevant to their lives. They As a result of doing the Four times a year, the Children’s discover how laws are made, course, many participants Rights Alliance for England and are given the opportunity to have enthusiastically signed (CRAE) runs a day-long course interview an MP. They also find up to become local children’s called ‘Informed and Influential’. out how to influence local and rights champions, with The aim is to help children national decision-makers, how ambitious plans to spread the and young people gain the to be taken seriously, and how to word about children’s rights in information, understanding and campaign for change. their communities: “I’m going to go back to my school, youth skills they need to take action Young volunteers from CRAE’s council, family and friends on children’s rights issues that ‘Get Ready for Change’ project and everyone, and tell them affect them and their peers. help to deliver the course, about it!” Twenty-five young participants leading sessions on human learn about the origins of human rights, liaising with MPs, and “I’m going to start a small rights, about the development, running the all-important ice- children’s rights assembly intention and articles of the UN breaker games! They are also which could grow!” Convention on the Rights of the heavily involved in preparing Learn more at: Child, and how human rights and evaluating each course. www.getreadyforchange.org.uk

14 Listen and Change Children’s human rights and participation a child can be said to be ‘ready’ to influence or make Never too young decisions – this all depends Children aged 0–18 months Children aged 3½–5 years on the individual child and can participate in decisions can participate in decisions the matter being considered. about food, clothing, who about food, clothes, activities, The combination of age and they want to be with and what people, groups they attend, their maturity usually means the they play with. immediate environment, buying extent to which the child new equipment, menus, routines understands the decision Children aged 18 months– 3½ years can participate in of the day, solving problems in hand and the possible and conflict resolution, caring consequences of their views decisions about food that they eat and how much, what they for themselves and others, rules on that decision. 20 wear, activities they engage in, and boundaries. Participation and capacity who they play/spend time with, is a virtuous circle – each which, if any, early years group supports the other. Therefore, they attend, and when. children and young people should be provided with all necessary appropriate to participate in decision- • Participation is not information and support to making – this would controlled solely by adults enable them to form and contravene basic human Children and young people to express opinions and rights principles of respect do not need to ‘wait’ to understand the consequences and human dignity. be given opportunities of those opinions. If a child or young person to participate. They can, chooses not to participate on individually or together, Young children can one occasion, they should choose to express an communicate non-verbally be given opportunities to re- opinion on any matter using body language, engage at a later stage. This affecting them, and facial expressions and right can never be cancelled this must be given due drawing through which they or removed – for example, consideration at any point. demonstrate understanding, if a child in care chooses There are a growing number choices and preferences. not to attend their statutory of child and youth-led organisations and self- • Participation should affect review it should not be advocacy groups that all decisions assumed that they will not enable children to speak out Article 12 gives children attend the next one. on their own agenda. and young people the right • Participation aids the to express their views “in achievement of other all matters affecting the human rights child”. This includes matters Human rights are indivisible: 1924 directly affecting children Looking back in history effective action on the rights as individuals (such as their to health, education and The first legal recognition healthcare or education), or 1925 protection from violence (or of adoption required the indirectly affecting them as any other rights) requires courts to be satisfied that citizens (such as planning listening and responding to adoption was “for the decisions or concerns about 1926 welfare of the infant” and children. Without the active global poverty). “due consideration [to be] participation of children given to the wishes of the • Participation is voluntary and young people in the 1927 infant, having regard to the promotion of all their rights to Article 12 does not require age and understanding of a good childhood, none will children or young people the infant”. to express an opinion or be achieved effectively.21

Children’s human rights and participation Listen and Change 15 1946 Looking back in history Case Study The UK’s progress The death of 13 year- The National Youth Agency on implementing 1947 old Dennis O’Neill at (The NYA) What’s Changed article 12 the hands of his foster case study parents caused public The United Nations Committee 1948 Milton Keynes on the Rights of the Child – outcry. He had been – Street Dreams the international monitoring systematically beaten Street Dreams worked with body assessing progress 1949 and tortured and weighed young people in the Bletchley on implementation of the just four stone at his area to investigate the issues CRC – has reviewed the UK’s death. The Children relating to local racist attacks. progress three times. In 2002, 1950 Act 1948 establishes a Young people identified the Committee expressed Children’s Committee the key themes of parental concern about the lack of and a Children’s Officer influence, territorialism and 1951 progress in implementing in each local authority to the development of youth Article 12 in schools and support the development facilities. In response to this, called for children and of child-centred services. young people now have 1952 young people’s right to be Many Children’s Officers the opportunity to use the heard and taken seriously undertook participative football facilities once a week to be consistently upheld work listening to children. by a local school as long as in domestic law. In 2008, they form a racially mixed the Committee noted that team. Violent racist attacks “participation of children in significantly reduced a month all aspects of schooling is after the project started. inadequate, since children Learn more at: have very few consultation www.nya.org.uk/whatschanged rights” and repeated its call for further action on participation in school. More generally it called for the UK Government to “promote, facilitate and implement, in legislation as well as in practice, within the family, schools, and the community as well as in institutions and in administrative and judicial proceedings, the principle of respect for the views of the child”. It also called for further support for youth- led organisations and more collaboration with civil society organisations to increase opportunities for children’s meaningful participation, including in the media.

16 Listen and Change Children’s human rights and participation Summary of human rights relating specifically to participation Source

Human rights that apply to everyone

Article 19, United Nations Universal Declaration of Everyone has the right to freedom of opinion and expression; this right includes Human Rights freedom to hold opinions without interference and to seek, receive and impart Article 19, International Covenant on Civil and information and ideas through any media and regardless of frontiers. Political Rights Article 13, UN Convention on the Rights of the Child

Article 20, United Nations Universal Declaration of Human Rights Everyone has the right to freedom of peaceful assembly. Article 21, International Covenant on Civil and Political Rights Article 15, UN Convention on the Rights of the Child Everyone shall have the right and the opportunity to take part in the conduct Article 25, International Covenant on Civil and of public affairs, directly or through freely chosen representatives and to have Political Rights access, on general terms of equality, to public appointment in the country.

Everyone has the right to freedom of thought, conscience and religion Article 14, UN Convention on the Rights of the Child Article 18, International Covenant on Civil and (subject to appropriate parental guidance for under 18s). Political Rights

Everyone has a right to meet with others, and to join or form associations. Article 22, International Covenant on Civil and Political Rights No one may be compelled to belong to an association. Article 15, UN Convention on the Rights of the Child Governments will eliminate discrimination against girls and women in the political and public life of the country on equal terms with men. They will in particular ensure that girls and women can participate in the development and Article 7, UN Convention on the Elimination of All implementation of policy, hold public office and perform all public functions at Forms of Discrimination Against Women all levels of government. Girls and women should also be able to participate in associations and charities. Human rights that are specific to children and young people Every child has the right to express his or her views and those views must be Article 12, UN Convention on the Rights of the Child taken seriously. Governments should ensure that children can access lots of different Article 17, UN Convention on the Rights of the Child information and take steps to protect children from harmful materials.

Disabled children must be assured opportunities to actively participate in the Article 23, UN Convention on the Rights of the Child community. They should be provided with appropriate assistance to realise Article 7, UN Convention on the Rights of People this right. with Disabilities Human rights that are enforceable through UK law

Everyone has a right to a fair trial. All those charged with an offence Article 6, European Convention on Human Rights should be informed of the charge in language they understand and to Human Rights Act (1998) Schedule 1, Part 1, prepare a defence. Article 6

Everyone has the right to freedom of thought, conscience and religion; this Article 9, European Convention on Human Rights right includes freedom to change his or her religion or belief and to manifest his Human Rights Act (1998) Schedule 1, Part 1, or her religion or belief, in worship, teaching, practice and observance. Article 9

Everyone has the right to freedom of expression. This right includes freedom Article 10, European Convention on Human Rights to hold opinions and to receive and impart information and ideas without Human Rights Act (1998) Schedule 1, Part 1, interference by public authority and regardless of frontiers. Article 10

Everyone has the right to freedom of peaceful assembly and to freedom of Article 11, European Convention on Human Rights association with others, including the right to form and to join trade unions for Human Rights Act (1998) Schedule 1, Part 1, the protection of his or her interests. Article 11

Article 13, European Convention on Human Rights Everyone has the right to an effective remedy if their rights have been violated. Human Rights Act (1998) Schedule 1, Part 1, Article 13

Children’s human rights and participation Listen and Change 17 Positive impacts 2 of participation

The way to ensure“ children’s well-being is to take full account of their rights.”22 John Denham MP, then Minister for Young People, in his speech to the UN General Assembly (2002)

The active promotion“ of participation of children and young people should lead to change. This can be done by ensuring more involvement and opportunities for “The roots of more them to have a real say in cohesive communities decision-making. It also creates will lie in more young people benefits to organisations, the having a greater understanding young and to the community. 23 of their common stake in British ” society and experience of Department for Children, Schools 24 and Families (2010) working together.” Home Office (2005) Improving Opportunity, Strengthening Society

18 Listen and Change Article 6 of the Convention on include things like perseverance, from early years. Research into the the Rights of the Child (CRC) motivation, verbal and inter- cohort has shown that between assures to all children the right to personal skills and self-esteem. the ages of 5 and 10 children can life, survival and development “to Developing these skills and abilities escape the risk of poor outcomes the maximum extent possible”. aids children’s development and in later life implied by poorer early The term “development” in this overall well-being. They are crucial performance.31 Research for the context should be interpreted in for improving future life chances, Institute for Public Policy Research a broad sense including mental, as they can have a major impact (IPPR), looking at the same cohort emotional, cognitive, social on later earnings, especially for and analysing involvement in and cultural development.25 children and young people from extra-curricular activities in later Participation can support the lower socio-economic groups.26 childhood and adolescence, has achievement of this right. Poor children with these attributes shown that structured activities, As more organisations put are likely to have better outcomes at with clear and well-defined aims, participation into practice, we are age 30 than those without. Indeed, are associated with developing learning more about the positive the impact of improved non- a stronger locus of control.32 The benefits it can bring not only cognitive abilities in poorer children important thing about participatory for children, young people and is more profound than in their richer activities is that they can help the wider community but also to counterparts.27, 28 young people to feel part of a organisations and service delivery. Early years is a particularly defined group with an emphasis on working in teams towards a In this section we review some of crucial lifestage. If children gain shared and negotiated goal. the evidence about the positive key competencies which allow impacts participation brings. But them to form positive, successful 1946 it is important to note that the relationships it will affect their Looking back in history information contained here reflects future development for the rest of A British delegation sent just some of the evidence that their life. Supporting children at 1947 to the World Assembly has been collated and published, this age can have a big impact – of Youth (WAY) was and that further work is needed those who would gain the most supported by the Foreign 1948 to consolidate examples of best from participation which builds and Commonwealth practice in this emerging field. these competencies are those Office. The delegation least likely to have them.29 1949 was a counterpoint to the Participation improves Analysis of the 1970 British Cohort communist bloc attending children’s lives – now and in study shows that some specific the WAY. Over time the the future non-cognitive attributes also 1950 delegation became the Investing in participation is correlate with personal behaviour. British Youth Council investing in children and young Children who showed high self- (BYC), with a remit to 1951 people’s well-being. Not only esteem were less likely to suffer represent the views of can it make services and lower life satisfaction or experience young people to the organisations more efficient and Government. A series depression. Those with a strong 1952 effective and therefore better ‘locus of control’ (referring to an of young politicians able to improve children and individual’s sense of control of have held positions young people’s outcomes, but the their own destiny) were less likely 1953 in the council – Peter process will also have a positive to be racially intolerant by the age Mandelson was chair impact on children’s self-esteem, of 30.30 However, children have of BYC in 1976 and confidence and skills. not ‘missed the boat’. Analysis 1954 attended (with Charles Research has shown that of progress in middle childhood Clarke, then head of participatory activities can help has shown that interventions can the National Union of children and young people develop be critical for developing these Students) the 1978 World their non-cognitive abilities, which attributes and sustaining progress Festival of Youth.

Positive impacts of participation Listen and Change 19 Participation in structured youth gain from these relationships. • Several evaluations indicate groups is associated with growth They are likely to gain positive that participation increases in young people’s personality beliefs in young people, greater young people’s confidence, and sociability, strengthening of understanding of themselves and as reported both by young their attachment to their parents belonging and a stronger sense people themselves and the and peers and to their school of community cohesion.35 adults working with them. 33 or workplace. The process of participation is This included confidence to Relationships that are formed inherently a learning one, for people approach people, to assert through participatory activities of all ages. Children and young their views, challenge and are more likely to be based people learn from and about one ask questions and express on equality – with adults and another, from adults, about their themselves to adults and peers. children working together as community and about wider society. • Young people reportedly equal partners in change. One A study of nearly 70 evaluations felt greater ‘ownership’ and significant study found that and research reports found multiple control of decision-making the quality of relationships benefits to children and young processes, which was adolescents had with adults and people from their participation in empowering for them. decision-making. However, if this peers was the most influential • Some research indicates that participation were tokenistic (in that variable for well-being, even more participation can build self- children had little influence over so than the number or type of esteem and motivation and 34 decision-making) there would be interventions affecting them. that this in turn enhances fewer benefits and possibly even Evidence also shows that adults attainment in schools. some negative consequences. who work with young people can Here are the key findings: 36 Case Study Headliners from isolated communities, an making decisions at every Headliners is a UK-wide news opportunity to participate in level of the organisation, from agency producing news, their local communities, giving strategic planning to editorial features and comment by young a voice to those young people development. Headliners also people for everyone. Launched least likely to be heard. supports peer trainers to provide as Children’s Express in 1994, “It’s like: What do you think? media training and consultation the charity has produced over I am not used to that. People on participation activities for other young people and adults, 1,200 stories for broadcast and don’t often ask me what I think. in partnership with organisations publication in national and local They don’t usually care.” such as 11 Million and PLAN. media. Recent work includes Aysha, 14 broadcasts for Sky News and The learning of young people Headliners’ young reporters BBC Radio 4, and publications is improved by the opportunity have interviewed politicians, in The Guardian, local papers for them to work together and decision-makers and other and websites. share skills in groups of mixed young people on critical issues The organisation uses a unique ages, abilities and backgrounds, affecting their lives. They use ‘learning through journalism’ which promotes the tolerance materials they have generated programme which supports and celebration of diversity. to challenge those in power to young people aged 8 to 19 to By trusting children and young respond and make changes to research and produce stories people to take decisions about appropriate services. on issues that are important to their lives, their confidence and them. Supported by professional Participation runs through aspirations are enhanced, as journalists, this programme the core of Headliners’ is that of those they come into offers young people, often programmes, with young people contact with.

20 Listen and Change Positive impacts of participation • Participants develop a greater Participation helps to build understanding of equality and stronger links in the community Case Study discrimination and have the – individuals like to participate opportunity to change negative when it benefits the group as West Everton Teen Shelter attitudes towards other a whole rather than just them members of the community. as individuals. Research on In 2001, young people from West Everton achieved • A number of studies found that the motivations for individual the installation of a teen young people develop their participants in community groups shelter on Henglers Estate. skills through participating (such as tenants’ organisations or Children and adults worked in decision-making. These service user consultative groups) together through the include learning how to make has shown that while individual incentives to participate were Residents’ Association to decisions, group skills, group make it happen. A core facilitation and communication strong (i.e. to solve “my” problem) collective incentives were group of 15 children and skills. Young people involved young people aged 7 to 18 in running their own groups stronger – participants would still participate even if the benefit to were involved with initial said they developed a range consultation, design, choice them as individuals was less.39 of skills and confidence in of site, decision to apply project management and Involving young people in for planning permission, art administration, teamwork community decision-making work, media work, and final and budgeting. Almost all and social action can help build realisation: “It was all up to those consulted were proud effective community safety us, all our decisions and the of their new skills in financial strategies. Children and young kids’ decisions”, said one management. Peer research people are highly focused on young person aged 15. projects help develop young safety and have a lot to contribute. A previous attempt a year people’s research skills. Research has shown that in earlier to develop a shelter communities with higher levels of in Soho Street failed. One Participation builds civic participation and collective boy aged 14 said: “We just healthy communities action, anti-social behaviour want somewhere to sit-off Children and young people’s and crime is less likely to occur with our mates that covers participation in decision-making because of a greater likelihood us from the rain.” Although benefits all of society. It can of tackling the causes of such children and young people help to ensure that children and behaviour rather than just dealing had asked for a place to 40 young people have a greater with the symptoms. meet, their involvement in understanding of other people’s Involving young people in decision- the project was not always views and therefore thinking making can be particularly sustained; also there were about the thoughts and feelings helpful in breaking down the objections from some local of others.37 This promotes greater barriers between different businesses and there was trust, respect, tolerance and groups in society. Participation unresolved conflict of views solidarity with other members projects build trust, foster positive between adult residents and and groups in the community. relationships and dispel myths and young people. This was a Research has shown that stereotypes. They can also have learning experience which children and young people a wider impact by demonstrating contributed to success on Henglers Estate. involved in participation projects to families, peers and the wider have an increased acceptance community that working together SOURCE: We all live here (CDS Housing, Save the Children, of people from other traditions, can achieve positive results. A Groundwork, October 2001) are more likely to challenge recent literature review of best stereotypes, have an increased practice in community cohesion understanding of racism and an found that opportunities for young awareness of disability.38 people to be involved in project

Positive impacts of participation Listen and Change 21 1958 management, as well as just taking Participation helps make services Looking back in history part, have proved successful.42 and initiatives more effective The first major UK state The Commission on Integration in responding to children and 1959 action on participation and Cohesion urged local young people’s needs. It reduces policy emerged with the areas to “strengthen their the chances of resources influential Albemarle being wasted on activities or 1960 participation of young people Report. The report in all areas of decision-making interventions that children and was a watershed in both at community level and young people do not want, relate 1961 the development of in ensuring young people are to or benefit from. Children and contemporary youth engaged at strategic policy young people’s feedback can services and stressed making level”.43 Opening up help ensure that the method 1962 that “the young must strategic decision-making to and type of service delivery is participate” to enable children can also have a positive appropriate. Participation can them to have “real and impact on the wider community. ensure that service providers 1963 actual charge of things are aware of changes affecting For example, engaging children within their compass”.41 children and young people in neighbourhood planning and However, this was and thereby enable them to 1964 regeneration efforts can ensure specifically in relation adapt to changing needs and that public space and residential to their involvement in demands. Indeed, some of the design take account of their youth services rather most innovative third sector needs as well as adults’ needs, than all matters that affect organisations have been so delivering better outcomes for their lives. effective because they have children and minimising listened to the views of their inter-generational conflict. service users and adapted Participation helps make best services accordingly. Case Study use of resources If investments in improving The National Youth Agency The next phase of public service children’s lives are to be spent (The NYA) What’s Changed reform will be informed by a much wisely, it will be critical to gain case study greater focus on empowering the views of service users on Cheshire – Young disabled service users.44 In 2007, the patterns of service delivery, the people prevent the closure of Prime Minister’s Strategy Unit type of services they want, and a residential facility undertook a full review of the tracking what is most effective Children and young people future of public service provision. in improving their outcomes. An and their parents were It found that: investment in participation now can ensure savings by scaling consulted about proposals to “… continuous improvement back unpopular, ineffective close a residential facility at in public services can best be and inefficient services and their school. Young people said driven on by the needs and refocusing resources to other they did not want it to close demands of those who use services and programmes. because it offered valuable them. Therefore, the state should opportunities to socialise seek to embed and expand the Senior Cabinet Minister Ed and share activities with their range of opportunities for citizens Miliband has said that “people friends. A DVD was produced to be involved in the design, feel voiceless in relation to public capturing both the young delivery and governance of services”. He argues that the people’s and the parents’ public services and should look challenge is to build accountability views and shown to decision- to increase the opportunity for in public service delivery through makers. The proposed closure people’s voices to be heard.”45 “involving users, who bring was overturned. expertise and resources to Learn more at: public services; about engaging www.nya.org.uk/whatschanged communities, who are an important

22 Listen and Change Positive impacts of participation source of day-to-day accountability Participation is good 1967 Looking back in history who contribute to services…”46 for democracy Clearly, children and young people Young people, like adults, have The Representation 1968 who are not enfranchised and for disengaged with formal political of the People Act whom decision-making may seem processes over the last decade. (1969) was passed, coming into effect a million miles away will be caught Ten years ago, 38 per cent of 1969 up in this ‘voicelessness’. Ensuring 12–19-year-olds had at least some on January 1, 1970. that they can hold service delivery interest in politics; by 2004, this Driven by the Harold agencies to account for the quality figure had fallen to 31 per cent, 1970 Wilson Government of service will drive up standards. with more than two-thirds (68 per the Act welcomed 18, Increasing the opportunities for cent) having little or no interest at 19 and 20-year-olds them to feed back and influence all.50 In the 2005 election, only 37 1971 into representative decision-making is critical if we per cent of eligible 18–24-year- democracy. This was the are to build better public services. olds voted, representing a 2-point first change to the voting Accountability mechanisms such drop from 2001 and a 23-point age since women finally as scrutiny committees or trustee drop from 1997.51 gained equal suffrage with men in 1928. boards of charitable organisations This does not mean that young would be strengthened if they were people are apathetic about informed by the views, experiences politics. Studies from ‘attainers’ pressure and activism to influence and ideas of service users. (those able to vote for the first decision-making rather than party 54 Ed Balls, Secretary of State for time) found that at the heart of membership and elections. Children, Schools and Families, young people’s declining election Participation by young people has called for personalised turnout and their apparent in structured youth activities, services that “can tailor their disenchantment with Westminster like participation and social support so that all children can politics is a strong sense of ‘activist’ volunteering, helps to reach their potential”.47 This political alienation rather than shape their identity and make personalisation agenda is being political apathy. The political them more committed to future pursued most vigorously in relation system is failing to provide the voluntary service55 and civic to disabled children and young stimuli necessary to encourage engagement.56 people. Organisations such as young people to take a greater Children and young people’s 52 In Control and Paradigm have role in political life. participation can give important been pioneering ‘self-directed The Youth Citizenship Commission opportunities for them to support’ for disabled people – the concluded that the majority of engage in deliberative system of organising support young people are not engaged decision-making such as that enables everyone who with traditional politics as they youth forums, youth councils needs it to take the maximum do not feel empowered, lack the or youth parliaments. Working degree of control over their information to do so or do not together and campaigning on arrangements that is appropriate believe they can make a difference. issues affecting them gives for their circumstances. This may It found evidence that the majority opportunities to influence be through individual budgets of young people do not believe that democracy and get a taste of the 48 to ‘buy in’ this support. New politicians and decision-makers decision-making process. opportunities are being piloted care what they think.53 for disabled children and young Young people are not apolitical people and their families to receive either. Evidence suggests that individual budgets, building on the while younger people may existing model of direct payments not be as engaged in formal for social care services, so that politics, they remain politically they can buy and control whatever and civically active. They are support they need themselves.49 often more comfortable using

Positive impacts of participation Listen and Change 23 Leadership in local authorities 3 and the third sector

Lead Members should“ routinely listen to children and young people in the course of their work and promote the active involvement of children and young people to help inform the work of the local authority and its partners.”57 The Roles and Responsibilities of the Lead Member for Children’s Services and the Director of Children’s Services – Statutory Guidance (2009)

Our sector plays“ a vital role in facilitating and enabling real voice in communities and across service delivery – and we are uniquely placed to achieve this for young people… But we need Government to work with us to make this happen and ensure that people’s voices – including the very youngest – are heard at every level, from decisions about the design and quality of services right down to the point of use…”58 Stuart Etherington, Chief Executive, National Council for Voluntary Organisations (2007)

24 Listen and Change The majority of third sector Children Act 2004). This move The process of subcontracting organisations operate in local has promoted links and co- to the third sector means that neighbourhoods, towns and delivery within the third sector voluntary organisations and social counties. They work in conjunction and between the third sector enterprises also have to fulfil with local authorities, health, and statutory agencies. these requirements. education and housing providers, These developments have created regeneration agencies, and Local authorities real opportunities for working others, often brought together A strong and growing together to develop children and within the framework of the local statutory framework is making young people’s participation in strategic partnerships (LSPs). participation a requirement in decision-making. The scope for There has been an increasing many settings and activities. It mutual influence is significant, push towards integrated service is a dynamic framework so it and this includes the chance to delivery between different is crucial to remain aware of share innovative or outstanding public authorities; underpinned new requirements. Appendix A work in participatory practice. by specific statutory duties (see page 52) goes into more In this section we explore the on agencies to “co-operate to detail on the statutory duties of specific roles that leaders in improve the well-being of children a range of public authorities to local authorities and third sector and young people” (Section 10, implement children’s participation. organisations can play.

Local strategic partnerships Case Study In most areas, local strategic community strategies.” Specific The National Youth Agency partnerships (LSPs) are the actions to make this a reality (The NYA) What’s Changed main forum through which include capacity-building case study various public, private and and training to enhance the third sector organisations can involvement of ‘hard-to-reach’ Bolton – cultural boundaries come together and co-ordinate communities, including youth Young people, with the activities. They usually match groups.59 Guidance has been support of Connexions local authority boundaries. In produced with information on Wellfield, identified racism two-tier authorities they usually how community and voluntary as an issue within this exist at both district and county groups can effectively engage in multicultural area and wanted 60 level. The council in a particular LSPs. to improve relationships area will take the lead for the To ensure that children and within their community. The LSPs and will usually be the young people are heard project identified a suitable accountable body. The LSP will at the highest levels, it is training course for the young take the lead in developing the important that LSPs are people who met regularly sustainable community strategy open to the views, wishes and invited other members and local area agreements and opinions of children of the community to join (LAAs). The Children Trust and young people. Often Board, which has responsibility their project. They organised champions of children and for preparing and implementing and helped run a fun day young people’s participation the Children and Young to bring all members of the will need to push this agenda People’s Plan, will feed into the community together. The and convince others of the LSP structures. young people feel that they value of listening to their have improved relationships Government guidance on LSPs views and planning for their between different cultures in makes clear that: “Involving local engagement, though in many the area. people and communities is vital LSPs children’s organisations for the successful development are not well represented. Learn more at: and implementation of www.nya.org.uk/whatschanged

Leadership in local authorities and the third sector Listen and Change 25 Consulting children Supporting parents for children and the quality of Children are some of the The CRC acknowledges that service provision. Appendix C heaviest users of public the family is the fundamental (see page 60) details the main services provided by a local group of society and the natural ways local authorities monitor authority – education, youth environment for the growth and and assess participation services and social services. well-being of all its members and through their inspection and The views of every child who particularly children. It includes regulation processes. uses such services should be rights for children for their heard and acted upon in the family to receive all necessary Leadership roles in context of decisions being made protection and assistance so local authorities about them as individuals. that they can fully assume their Directors of children’s services and responsibilities. The State has a lead members are key to leading Children and young people’s views positive duty to support parents effective participation. Statutory about local needs and the design guidance makes clear that both and delivery of services should in ensuring that the child can roles are designed to work closely also be heard and acted upon. enjoy their rights and freedoms, together to achieve change. They Children’s Trust Boards should be including the right to be heard. 63 established by local authorities The local authority has a key part share three main roles: and should include children in to play by supporting its partners • Responsibility and strategic decision-making, such in fulfilling their participation accountability for the as when developing Children and obligations. Many already provide effectiveness, availability and Young People’s Plans. advice and support to schools value for money of provision Children and young people should on the development of student • Leadership to secure and be involved in developing policy – voice initiatives such as school sustain changes in outcomes they have the right to express an councils through their citizenship for children and personal, social, health and opinion on any matter affecting • Creating and supporting economic education (PSHEE) them, not just on matters affecting effective partnerships with the children’s services. If they can only or Healthy School Standards’ community, including with the influence designated children’s advisers. Furthermore, local third sector. issues, and service provision within authorities are increasingly those areas, then practitioners and being asked to support parents Director of Children’s Services leaders risk ignoring their voices on and families (for example; (DCS) the breadth of issues that matter to through developing parenting them as children and young people, strategies) and ensure that The DCS role in ensuring that the and which impact on their well- services commissioned for family local authority is engaging with being. Those issues which adults support are effective.61 This children and young people is may not be aware of can be the provides opportunities to help critical. The DCS job description most revealing to policy-makers parents understand children’s should include a reference to the and service managers. rights, and support them to fulfil UN Convention on the Rights of the Child and respecting children’s 1973 their responsibilities to children. Looking back in history Local authorities can promote right to be heard and taken positive parenting methods seriously. In their strategic role they A major legislative change that stress the importance of should make participation integral 1974 supporting participation meaningful positive dialogue with to all services.64 Specific steps the occurred with Section 59 children to ensure they are able DCS could take include: of the Children Act 1975 1975 to participate in decisions that placing a duty on local • Identifying who has corporate affect them in the home.62 responsibility for participation authorities to ascertain within children’s services and the wishes and feelings of 1976 Inspection and regulation ensuring their involvement in children and young people the preparation of the Children in their care. Inspection and regulation play a key role in improving outcomes and Young People’s Plan

26 Listen and Change Leadership in local authorities and the third sector • Ensuring that quality assurance trust arrangements have 1970 and performance management brought together different Looking back in history include participation measures. professionals under one The Schools Action Union Ensuring that children and structure. However, different 1971 (SAU) was founded in young people can readily give professionals can have the late 1960s as a child their views on services and different views about what and youth-led group 1972 that their views are sought as participation means campaigning for children’s part of quality improvement • Championing the views and rights in schools. It programmes. Particular experiences of children 1973 organised a major strike attention needs to be given as they make the transition on May 17, 1972 when up to children in care to ensure to adult services. Close to 2,500 students rallied that they can access an collaboration with the Director 1974 at Trafalgar Square and independent advocate, that of Adult Social Services an attempt was made the Independent Reviewing (DASS) will be needed to storm County Hall. Officers (IROs) are functioning 1975 • Lobbying other members The more moderate well, and that children in of the senior management National Union of care can collectively express team who lead services that Secondary Students was views to their corporate 1976 affect children to ensure established a few days parent through a Children in they consult with and involve later as an alternative to Care Council children and young people 1977 SAU.65 However, that too • Adopting a common • Challenging attitudes – ensuring came unstuck and was and ‘owned’ definition of that negative perceptions of dissolved in 1979 due to participation that is shared participation are identified, internal political strife and across all services. Children’s discussed and addressed teacher resistance. Case Study Intergenerational contact The process was a real eye- Attendance at the group is Peter and Marlene Turner started opener for Peter and Marlene completely voluntary, for young running a group for children highlighting risks that the people and all of the helpers. Key and young people from their adults, with all their years of outcomes have been achieved as house on the Belliver Estate in experience, had not considered. a result of linking older volunteers Plymouth over 20 years ago. For Sue Brain, a manager at The with young participants. the last 6 years, together with Zone, a local youth support Volunteers teach the children other, mostly retired, members agency and member of the traditional values and crafts, e.g. of the tenants and residents residents’ association, said: sewing and knitting, and the older association, Peter and Marlene “Two of the girls asked the adult volunteers learn about life today have been working to improve tenants and residents to support from the perspective of children. facilities on the estate. After them to run a Christmas Party Both age groups benefit from seeking the views of members for the children on the estate. their increased skills, confidence, of the children’s group, the They did a brilliant job, and all social relationships and networks. association submitted an thoroughly risk assessed. This is Sue highlighted the value of the application to the Local Network an ordinary example, but I think interaction – “This pays off on the Fund – a small funding stream a rich vein of real involvement estate as we can talk with previous for projects which improve has grown and developed members of the group about how outcomes for young people – to as trust is established and their behaviour is perceived by support the club. nurtured, unlike many of the some, and challenge adults who The couple involved the children window-dressing participation make stereotypical assumptions in a risk assessment of the club. schemes I see so often”. about the young people.”

Leadership in local authorities and the third sector Listen and Change 27 • Investing in participation protecting and fulfilling 1977 training and allocating children’s human rights Looking back in history resources for participatory • Undertake regular internal The Youth Trade Union 1978 activities. Training on audits of implementation of Rights Campaign emerged participation should form the child’s right to be heard in as a political force in part of the workforce opposition to make both individual and collective 1979 development strategy and decision making. Such an audit Youth Training Schemes reflect the importance given to should reflect the requirements compulsory for all school- participation in the Children’s of the CRC (see pages 13 – 15). leavers. A national half-day Workforce Strategy and the 1980 strike on 25 April is said Common Core of Skills and The Lead Member (LM) to have involved 200,000 Knowledge.66 Induction for all 1981 staff should include information The LM has a different but young people – making on children’s right to be heard complementary role. An effective it the largest protest by and taken seriously LM can ensure that significant children and young people political will and priority is given 1982 to date. The group was • Involving children and young to children and young people’s condemned by the major people in the recruitment of participation across the authority. political parties and expelled staff. This has been found 1983 Actions could include: to be very beneficial for from its offices in Labour 69 selecting the right candidate • Addressing negative media Party headquarters. (and for producing a relevant perceptions of children and job description).67 Some young people. Endorsing and • Holding officers and partner organisations have engaged attending high-profile events agencies to account for children and young people that highlight the positive participation. This is a critical in the appraisal and ongoing contributions most children role for the LM. Often, the monitoring of staff performance and young people make. It additional political focus on • Ensure that accessible is important that the wider an issue will highlight areas information is provided local authority strategy should of concern or improvement. to children and young complement this approach, for It is important to ensure that people, parents and carers, example, by ensuring that work these form part of service professionals and wider to tackle anti-social behaviour improvement plans, with community about the CRC and does not demonise children clear strategies to monitor of children’s right to be heard. and young people implementation. Requesting Many local authorities have held • Taking children and young regular reports from the inter-agency Children’s Rights people’s views seriously and DCS on the effectiveness of Celebration Events to showcase ensuring that they are involved participation can be useful both how they are respecting, in an ongoing process to as a monitoring tool and to spur improve service delivery. It is 1981 further action Looking back in history unlikely that all their suggestions • Linking with wider efforts by and views will be affordable or The ‘National Association other councillors who lead on deliverable (as with adults, of 1982 of Young People in Care’ community cohesion, culture course). However, children’s became the first child or engagement briefs. This can suggestions should be taken bring mutual benefits. Often or youth-led group to seriously, assessed on merit 1983 there are local authority-wide give evidence to a select and discussed committee. Founded in 1979, programmes and strategies • Ensuring adequate it spoke out for children in for citizen engagement. These 1984 participation of children in care care. It was followed by should be inclusive of children in any matter or decision that ‘Black and in Care’ in the and young people, with a affects them, thereby fulfilling 1985 1980s and more recently ‘A particular focus on engaging the wider responsibility of those who are more vulnerable National Voice’ in 1999. 68 corporate parent and socially excluded. This

28 Listen and Change Leadership in local authorities and the third sector Local area agreements Local area agreements (LAAs) by the Apprenticeships, Skills, children and young people’s are three-year agreements set Children and Learning Act 2009). satisfaction with parks and play areas; the percentage of people between local authorities and Duties on local authorities to who feel they can influence central government, through involve people in decision- decisions in their locality and civic regional government offices, making – such as those listed in participation in the local area.70 on priorities for action in a Appendix A – extend to the LAA. specific area. If children and young people are Guidance on the creation of the Since April 2008, every single-tier not involved in developing the LAA explicitly acknowledges that and county council LSP monitors LAA, including setting priorities the third sector has a vital role to performance against a set list of for service improvement and play in developing the LAA and 198 indicators. Every three years monitoring mechanisms, they are should be engaged throughout they set targets against just 35 unlikely to reflect the realities of the process – from informing and of these indicators (known as service users’ lives. helping to set priorities, to the final agreement of targets.71 However, ‘designated’ targets) alongside National indicators include a a review by the National Audit 17 statutory education and range of measures relevant to Office has found wide variation early years targets (as set out participation. This includes the in third sector engagement with in Section 102, Education Act proportion of young people in LAAs. While many report being 2005 and Section 1, Childcare year 10 reporting participating in involved in consultations to set up Act 2006). New statutory targets any group activity led by an adult the LAA, few have been involved for safeguarding are due to be outside school lessons (such in service provision once the LAA introduced in 2010 (Section 9A, as sports, arts, music or youth was established.72 Children Act 2004 as amended group) in the last four weeks;

kind of collaboration will be surgeries, citizens’ juries, and so 1983 vital to ensure that adequate on. Youth councils have operated Looking back in history resources are available for since the aftermath of the second On January 9,1985, Jim participation activities through world war. However valuable they 1984 Wallace, the youngest non-restricted funds. may be, local authority leaders member of the Liberal Party should consider making direct introduced a private members 1985 Contact with children and contact with children in their own bill – a Youth Charter – young people environments. Some socially which intended to: “Seek to It is important that both the excluded children may feel 1986 establish rights and create Director of Children’s Services uncomfortable in more formal a framework within which and the Lead Member have settings but still have a great deal young people can participate direct contact with children to contribute. 1987 more fully in the affairs of their and young people. They need Third sector organisations community and the decisions to demonstrate that their views that affect or shape their The third sector is a critical are being heard at the highest 1988 lives”.74 As part of this, the Bill partner for improving children’s would have lowered the voting level and that they are being outcomes. However, research considered seriously. Contact age to 16 and introduced suggests that, apart from the 1989 democratically elected youth could include direct meetings specialist youth voluntary sector, forums able to sit on a range with children and young people’s many third sector organisations of statutory committees groups in an established struggle with participation. 1990 affecting local decision setting (such as a youth club or Pockets of excellent practice can making. The Bill did not pass residential children’s home, or in be seen alongside areas in need but was widely supported. the council buildings), special of improvement.73

Leadership in local authorities and the third sector Listen and Change 29 Effective commissioning for and with children Commissioning third sector • Having a high level of many children and young organisations to deliver services understanding of the specific people will be able to express is increasingly prevalent needs of the children and an informed view as to which across the children and young people who will use provider would be best and young people’s sector. The the service and the potential why. Honesty over the level Government estimates that barriers they face in accessing of influence is critical – do over £10bn worth of children’s that service will ensure not create false impressions services are commissioned that service provision is as about how the final decision every year. Guidance on effective as possible. Early will be made joint commissioning through consultation and participatory • Powers to pool budgets children’s trusts identifies the needs analysis can ensure (Section 31, Health Act 1999 significant challenge presented that the appropriate service and Section 10, Children by valuing and encouraging the is commissioned Act 2004) can ensure that participation of children, young • Government guidance resources are used more people and their families in suggests that needs analysis effectively through cutting needs assessment, planning, should draw upon the bureaucracy. It is important process design, commissioning specialist knowledge of the that organisations work decisions, tendering and third sector working with together and involve users monitoring of services.75 that community76 in the planning of services Effective commissioning for and to prevent two different • With support, children and with children will include: agencies undertaking young people who will be similar consultations at • As a minimum, it is potential service users can the same time, which can essential that the views play a role in commissioning be costly, time consuming of children, expressed decisions. By ensuring and engender a sense of through consultation and transparency in the selection ‘consultation fatigue’ among the development of Children criteria to be used (or the community. and Young People’s Plans, ideally determining them in inform the needs analysis, partnership with children For more information see the the tendering process and and young people) and the Participation Works guide ‘How to criteria for selection process of decision-making, involve children in commissioning’.

Case Study Saying Power 2 The course offers a range of • A practical step-by-step guide Developed by Save the Children, training, guidance and resources for organisations to help them Saying Power 2 is based on a that support both organisations support young people to take proven model of good practice and young people throughout the lead on evaluating the that supports organisations in the duration of the project. service and running projects involving young people between These include: • A ‘train the trainers’ the ages of 16 and 21 to lead • An accredited training programme for personnel and develop projects that aim programme for young within the organisations who to bring about change within people, providing them will be supporting young disadvantaged communities with skills and knowledge people in becoming part of and the organisations that to lead a project their team and lead on a range support them. of projects and initiatives.

30 Listen and Change Leadership in local authorities and the third sector Many third sector organisations role younger children can play in • Ensuring that full consultation have been innovators in the trustee boards, for example. is built into the strategic field of participation – using Apart from these, practical planning process and any their flexibility and practical barriers to attending board major changes to the work of experience with ‘hard-to-reach’ meetings or to full participation the organisation groups to push boundaries. The (for instance, understanding • If children and young people campaigning and advocacy the language being used) may are going to be participating work carried out by third sector prevent children and young in board meetings, they may organisations has ensured that people from playing a full, active need support to gain the they can champion the views of and equitable role. It is essential necessary skills to fully and children and create a platform that younger members are meaningfully take part. The from which children can address supported and that processes British Youth Council, offers decision-makers. are designed to facilitate ‘Youth at the Table’ training However, the sector also faces their participation. for young people to engage specific challenges: short- However, children can still in governance structures. term ‘project-based’ funding; influence the decisions made Training for the third sector striking a balance between by trustee boards, even if they more generally could be lobbying of the statutory sector are not full members. Guidance adapted to meet young and providing services for produced by the Governance people’s needs. it; and inadequate capacity Hub, with the British Youth to undertake evaluation and Council and the Children’s Rights Alliance for England thereby make a full case for Minimum age participation, to name just a (CRAE), stresses that having few issues. young people on the board is and governance just one mechanism to engage Charities Governance of third service users in the governance 77 In England and Wales, the sector organisations of the organisation. minimum age to be a trustee Third sector organisations have Usually, third sector organisations for an unincorporated charity used a range of mechanisms – whether charities, not-for- (a charity that is not a company to include children and young profit companies or social limited by guarantee) is 18. The people in their governance enterprises – will be governed Law of Property Act (1925) structures, including: by some form of trustee board or makes void the appointment board of directors. The systems • Establishing service user of an infant (the legal term for and processes that govern groups that regularly report under-18s) as a trustee. strategic direction, effectiveness, to the trustee board on their supervision and accountability experience of using the service Companies must reflect best practice in and any ideas for improvement The Companies Act (2006) ensuring children and young • Appointing one member of introduced a new minimum people’s participation. But there the board as ‘participation age of 16 for an individual to are legal restrictions that limit the champion’ to promote the be a company director. Since participation agenda October 2008, all companies, 1985 including incorporated charities • Placing a standing agenda Looking back in history (i.e. not-for-profit companies with item on how children and charitable status) and relevant Section 61 of the Education young people have influenced 1986 social enterprises, must ensure Act (No. 2) 1986 removed decision-making and any that young people under 16 are the right of children to be feedback received since the not registered as Directors. Under represented on governing last meeting from young people 1987 16 year-olds may still play a role bodies of schools. A new through comment boxes, in governance but must not act in minimum age of 18 was reported comments to staff or the same manner as directors. introduced with the Act. through complaints procedures

Leadership in local authorities and the third sector Listen and Change 31 Volunteering over what volunteering they and young people in their Volunteers have always played do (commonly known as a campaigning. These include: a critical role in the work of the ‘youth action’ approach) has • Supporting children and third sector. Indeed, a 2007 attracted increasing interest. young people to run their survey found that young people Nonetheless, this form of own campaign on issues aged 16–24 are most likely to be participation warrants more that affect them. Often regular formal volunteers, with attention and support. these will be in line with 43 per cent reporting regular the aims and objectives involvement compared to 39 per Lobbying and campaigning of the organisation. This cent of people of all ages.78 As the third sector is delivering can be through providing ‘secretariat’ support for a What’s more, the impact of more services on behalf of the Government, there is a renewed wholly young person-led young volunteers on the children interest in the ‘voice’ and campaign or engaging and young people they engage campaigning role of the sector, young people in the with has often been found to especially as statutory support design, implementation and be positive (for example, the is the single largest source evaluation of campaigns. success of peer education of sector income.80 Senior It is important that there is programmes or peer research). government ministers have clarity over whose campaign Enabling young volunteers to talked about the Government’s it is and what limitations develop and lead their own responsibility to always respect (if any) are being placed projects and allowing them the third sector’s right to criticise on supporting the young to have more choice or say and campaign.81 people’s campaigning (for example, whether Campaigning can be most support could be given 1996 effective when the intended Looking back in history to a campaign that runs beneficiaries are able to engage counter to the organisation’s ‘Citizenship’ education effectively in that campaign. objectives or values) 1997 becomes part of a revised They bring the experience and National Curriculum. injustice to life and add depth • Building children and young The subject gives and realism to the policy ‘ask’ people’s campaigning skills. 1998 learners the opportunity or ‘demand’. Organisations such as the British Youth Council, CRAE, to explore their social At local level, many third sector the Citizenship Foundation 1999 and moral responsibility, agencies play a crucial role in and the English Secondary improve their political advocating for and with children. Students’ Association all run literacy and engage in They have used a range of courses for young people on community involvement.79 mechanisms to involve children campaigning

The campaigning role of the third sector Companies and unincorporated • these remain ancillary and There have been concerns that this organisations do not have do not become the long-term is too onerous a restriction and the restrictions on undertaking dominant means of carrying Charity Commission has produced political campaigning. However, out charitable purposes and further guidance to dispel myths Charity Commission guidance and support organisations wishing • there is a reasonable (known as CC9) maintains that to bring about social change.83 expectation that the extent to under existing case law, political However, the Advisory Group on which the political activities will activities are permitted by Campaigning and the Voluntary further the charity’s purposes charities only if: Sector, chaired by Baroness justifies the resources the charity Helena Kennedy QC, has called for commits to those activities.82 further reform.84

32 Listen and Change Leadership in local authorities and the third sector The Compact The Compact is an agreement drawn up between representatives includes commitment to consult between the Government and of public authorities and the sector. with ‘hard-to-reach’ groups. the voluntary and community They lay out some basic principles If a voluntary or community sector first made in November for future relations. Ninety-nine per organisation is concerned that 1998. It acts as a framework for cent of local authority areas are the Government has breached partnership working between now covered by a local compact. the Compact it can contact the Government and the voluntary A series of codes of good Compact Advocacy Programme at and community sector. practice, including on consultation the National Council for Voluntary It is complemented by local and policy appraisal, have been Organisations (NCVO), which compacts – agreements produced.85 These cover rights and provides practical support and between local government, local responsibilities that Government, wider campaigning to the third public bodies and voluntary local public bodies and the sector on Compact breaches.86 and community sectors. voluntary and community sector For more information visit: First established in 1999, the should reflect in their relationships www.thecompact.org.uk agreements act as a ‘concordat’ to make them work. It specifically

• Facilitating and supporting children and young people to meet with MPs, decision- makers from the local authority or other relevant agencies. Third sector organisations may have better links, contact and reputations than the children and young people they work with. A joint People and Planet and Sheila McKechnie Foundation survey in 2006 found that 35 per cent of organisations with a turnover of less than £500,000 said they did not have the skills to campaign, and 47 per cent of all organisations did not have the funding to undertake campaigning work.87 If organisations do not feel they can do campaigning work themselves then they will not be in a position to support children and young people to run their own campaigns. Participation Works has published a guide on How to support children and young people’s campaigning.

Leadership in local authorities and the third sector Listen and Change 33 Building a culture of 4 participation in your organisation

Adults have not proved“ themselves such good judges of children’s interests, or such effective protectors of their well- being, to allow us to go on believing that only those who have outgrown childhood should be permitted to decide upon its requirements.”88 Former Secretary of State for Health, Patricia Hewitt, writing in 1986 on child abuse It seems clear that“ if these changes take place they will do so in a number of steps, taken perhaps over many years. They are also not likely to take place except insofar as other kinds of social change have taken or are taking place… The point is not to worry about what is possible but to do what we can.”89 John Holt, educationalist and author calling for major legal reforms (1974)

34 Listen and Change Fulfilling children and young A 2002 study of 146 organisations often as specific exercises. people’s right to participate in and 29 case studies by Kirby et As well as adopting best decision-making is everyone’s al looked at how to build a culture participatory practice for service responsibility but senior managers, of participation.91 The research delivery, children and young decision-makers and policy- identified four discrete stages that people’s involvement in the makers have a crucial role to organisations must go through management of the organisation play. Strong leadership can to get to the point where young should be informed by the nature drive forward change, ensuring people’s participation leads of the organisation’s activities. that participation is kept high on consistently to change and is part the agenda and is sustainable of the organisation’s everyday within the wider context of the culture and practice. These organisation’s development. Senior stages are: to unfreeze, catalyse, The research – managers should seek to involve internalise and institutionalise. Building a Culture children and young people who As Kirby et al point out, the culture of Participation have previously been excluded, of participation in an organisation to bring participation into more will vary depending on the PK Research Consultancy and more areas of organisational nature of the organisation and and the National Children’s activity and to encourage continual its constituency. Organisations Bureau, with the support of the improvement in practice. They must that deliver services to children Department for Education and also ensure that change is shaped and young people must enable Skills (DfES), researched the by the views, feedback and ideas each child to participate in most effective ways of involving of children and young people. decisions that affect them. children and young people in It is not sufficient to recognise the Particular care must be taken services. They produced a full importance of participation – senior to apply this principle to young research report and handbook managers must make it a reality children and disabled children. for practitioners. throughout their organisations. Many more organisations may Participation Works gives Research conducted in 2004 found involve children and young consultancy and training to third that practitioners were more likely people in the planning of services sector organisations using the to believe that senior managers (including research into needs as Building a Culture of Participation valued participation than they well as design and evaluation), model. For more information visit: were to believe they understood sometimes as individuals but www.participationworks.org.uk its practical implications.90 Senior more often in groups. Finally, leaders need to demonstrate both some organisations focus on that they value participation and consultation about policy issues 1989 Looking back in history understand its implications. – they consult quite widely but Upon taking over as Prime What works What doesn’t work 1990 Minister, John Major pushed the development of the • Participation is valued and • Participation is a bolt-on extra. If Citizen’s Charter. Speaking embedded in all aspects of the it happens it is an after-thought 1991 to the Conservative Central organisation – there is a culture and tokenistic. Council in Southport where children are respected • Senior managers do not value and their views valued. participation – they tick a box 1992 in 1991, he outlined • Senior managers champion where necessary. improvements whereby: and commit to participation. • Participation focuses on process “People who depend on Everybody plays their part to only, with no tangible impact on 1993 public services – patients, ensure that children and young decisions made. passengers, parents, pupils, people can influence decision- • Participation is not reflected making. benefit claimants – all must in individual responsibilities or 1994 know where they stand and • Participation is focused on what organisational capabilities – has changed for children as a nobody is responsible for it so what service they have a result of their engagement. nobody ensures it happens. right to expect.”92

Building a culture of participation in your organisation Listen and Change 35 In this section we summarise the findings of Kirby et al’s research and Case Study discuss the role of senior managers at each stage of their organisation’s change process. We also provide information on how Participation Young people challenge Works can offer you support. age discrimination Young people from England, Step 1: Unfreeze Scotland and Wales attended The process of change needs • Tackle potential barriers – In a consultation event run by everyone’s buy-in. An important a non-threatening way, ensure the Children’s Rights Alliance first step is to unfreeze existing that any negative perceptions for England (CRAE) on the attitudes, procedures and styles of participation are raised, Government’s proposals to of working, especially of those highlighted and confronted. modernise discrimination law. who have a negative perception Civil servants participated in the or hostility to participation. day and arranged for some of Winning the case for the need Participation Works the young people to feed back to change now will ensure to the relevant Government can help: that a sustainable culture of Minister, Barbara Follett. • With Children & Young participation emerges. At the meeting with the People Now magazine we The case for change can be Minister, young people gave produced a ‘Participation developed internally by evidence of age discrimination Works Charter’ – an A2 senior managers and decision- on public transport, in shops poster listing the key benefits makers. It is important that this and when trying to access of participation. is a persuasive and inclusive emergency services. They • Further information about approach, one that stresses the talked about the problems participation is available at: positive impact of participation. teenagers have in accessing www.participationworks. Article 12 of the UN Convention children’s services. org.uk This includes specialist on the Rights of the Child information about participation The Equality Bill was published (CRC) is not a threat to an in different settings and with in November 2008 and organisation but a mechanism different communities of neglected to include prohibition for constant improvement. of discrimination on the basis of children and young people. age in the provision of goods, Here are some actions that could be taken at senior level to facilities and services for 1994 under 18 year-olds. The Young unfreeze existing attitudes and Looking back in history ways of working: Equals Coalition continues New Children’s Services to call for further protection • Communicate – Send a 1995 Planning guidance from unfair age discrimination clear message to staff that committed local authorities against children and has participation is a key to the UN Convention on collated a lot more evidence of element of the organisation’s 1996 the Rights of the Child. discrimination.93 way of working It said: “One of the most • Promote – Disseminate 1997 basic and effective ways of information on the CRC, acknowledging children’s the impact of participation rights is by canvassing the and the benefits of 1998 views and opinions of users participatory practice of the services provided and • Highlight – Few organisations giving them due weight”. will completely resist listening 1999 It urged local authorities to to children and refuse to act establish procedures for on what they say. It’s important communicating directly with 2000 to highlight, applaud and children and young people. replicate good practice

36 Listen and Change Building a culture of participation in your organisation Step 2: Catalyse Once individuals and • Identify and pursue Case Study organisations have begun to see resources – Participation Children and young people the need to change, action must activities are demanding influence plans for a new be taken to catalyse change. of staff time. There are health building It is important to clarify where additional costs such as South Wiltshire Primary your organisation is before training, the practical costs Care Trust (PCT) has been working out where you would such as meeting room hire, using CRAE’s Ready Steady like it to go. and children and young Change participation training people’s expenses. The Hear by Right Self- materials since 2006. The Assessment Tool uses the PCT’s Head of Patient established seven standards Participation Works and Public Involvement framework to enable you to map established a working group and plan the participation of can help: of children and young people children and young people in • The Participation Works to discuss a range of matters your organisation or partnership.94 Network for England relating to health services. Undertaking this with staff (PWNE) is a national Children and young people from across the organisation, network of professionals explained that waiting rooms alongside the children and undertaking participation can be intimidating places young people you work with, work with children and for them and now the plans can help cement a shared young people. It brings for a new building incorporate commitment to participation together specialist their proposals, including based on a clear and realistic participation workers, having music playing in participation action plan. children’s rights advocates waiting areas.95 Here are some actions that and participation champions could be taken at senior level to through nine regional catalyse change: networks. They run regular • Establish participation events to facilitate sharing ‘champions’ – both at senior of good practice, learn leader and practitioner level. about each other’s practice The role of the champion and disseminate local, is not to become ‘the regional and national participation person’ but to developments. Membership support the rolling out of is free and available via the participatory processes online gateway. They can and monitor progress also signpost professionals against targets to other relevant networks • Develop partnerships – such as Children’s Rights These champions may Officers and Advocates need further support. They (www.croa.org.uk). may benefit from joining specific networks with other participation champions. It is likely that other local organisations will be undertaking participation work, so they may be potential collaborators with whom to exchange ‘what works’ information

Building a culture of participation in your organisation Listen and Change 37 1998 Looking back in history Step 3: Internalise As action to change the culture or ignorance about participation Article 12, a young of the organisation develops, it and promote the positive impact 1999 people-led organisation, that participation is having organised a “Stop is important to let the impact of smacking us” march these changes grow, develop and • Ensure staff have the 2000 through central London become sustainable rather than opt opportunity to reflect – to deliver to 10 Downing for a series of short-lived initiatives. Regular review and Street children and young Here are some actions that evaluations can keep track 2001 people’s responses could be taken at senior level to of developments. Ensure that to the Government internalise a culture of participation: supervision is used with staff to understand their experiences of 2002 consultation on physical • Set a clear vision for your punishment. Some of participation strategy – participation. Soliciting regular the marchers dressed in Setting a strategic vision for feedback from children and 2003 Victorian clothing to draw participation, building on young people and acting on attention to the origins article 12 of the CRC, will what they say is critical of current law. Babies help highlight the value of • Review policies – You 2004 and young children in participation to staff, may need to review your pushchairs were at the volunteers and partners. existing policies, such as front of the march, and This vision should explicitly child protection and equal 2005 adult supporters were state what the purpose of the opportunities, so that they at the very back. The participation activity is are robust enough for your event attracted a lot improving participation practice. 2006 of sympathetic media • Develop staff capacity – coverage, including an It is important that all staff and interview with one of volunteers receive support 2007 the organisers on BBC on understanding and Participation Works implementing participatory television news can help: (played throughout the practice. There will probably • We also offer a series of day and evening). be a great deal of good practice going on, but training, training sessions that enable support and guidance can participants to gain the be key to implementing necessary knowledge, skills successful participation and understanding of participation. • Motivate and sustain – Ensure that staff and children • The What’s Changed tool and young people have helps to record and celebrate opportunities to reflect and examples of what’s changed celebrate the progress made for the better for children and on participation. Praise good young people as a result of practice across the organisation their participation. It links and link this to individual staff to the Every Child Matters review and appraisal outcomes and is based on • Challenge resistance – Any direct evidence from children existing or emerging resistance and young people themselves. to participation should be • We have developed a challenged head-on. It can toolkit of resources to help have a corrosive effect on organisations to effectively staff working in the area. It evaluate the process and is important to listen to staff, outcomes of participation. address any misunderstandings

38 Listen and Change Building a culture of participation in your organisation Step 4: Institutionalise As you build mechanisms for have a greater degree of Participation Works the sustainable participation of control and influence over can help: children and young people, it decision-making processes? • We offer a series of best is important to scale up, build • Check sustainability – Would and innovative practice outwards and move onwards. participatory activities How to guides. Each guide Scaling up ensures that every continue if your champions summarises information aspect of the organisation is left? Ensuring that you build from a range of participation affected by the participation this into your planning process resource, giving practical agenda. It should not be isolated is an integral element of support and guidance on to a few projects, teams or institutionalising participation. the ‘how’ of participation members of staff but embraced What steps have been taken to as well as signposting you by the whole organisation. capture the learning to date? to existing resources and Building outwards ensures that a additional support. Topics greater number of children and • Keep up to date – the law on include involving children and young people, especially those participation and obligations young people in recruitment, currently under-represented in to listen and consider the commissioning, applying for participation mechanisms, are views of children is constantly fundraising and research. involved in decision-making. evolving. Spend time finding Specific guides look at working Moving onwards means out about new legal duties and successfully with children and becoming a catalyst and a important court judgments. young people from different supportive agency for others. • Be ambitious – You should faiths and cultures, engaging look at removing minimum age Here are some actions that and involving ‘hard to reach’ requirements and thresholds could be taken at senior level to groups and working with which act as a barrier to institutionalise participation: children and young people with participation. Consistently • Make participation an communication impairments in review and question why everyday practice – decision-making. requirements have been Ensure that participation added and what additional • The Participation Works is mainstreamed into the support can be provided to Hear by Right Self- day-to-day running of the ensure all children and young Assessment Tool can be organisation. Review your people can be involved. repeated regularly in your recruitment processes, organisation to ensure that job descriptions, induction standards remain high. It mechanisms, training and will help you look at where professional development progress has and has not plans, staff reviews and been made against the set appraisals to ensure that of indicators in the pack and both new and existing staff 1998 Looking back in history identify new issues or areas understand what participation for development. means in your organisation The first Children and 1999 Youth Board to advise • Regularly review and refine the Minister for Children – Spend time reflecting on is founded. The board progress to improve your 2000 continues today as the mechanisms for participation Children and Youth • Spread the word – Extend 2001 Board, administered by the range of opportunities for the National Children’s children and young people to Bureau on behalf of the engage in decision-making. 2002 Department for Children, Could you work to ensure that Schools and Families. children and young people

Building a culture of participation in your organisation Listen and Change 39 Dealing with dilemmas 5 and difficulties

Young people’s participation“ cannot be discussed without considering power relations and the struggle for equal rights.”96 Roger Hart, Professor in Environmental Psychology (1992)

There is little point“ in creating an improved legal framework and heightening rights consciousness unless we “... children who are also address and redress in different circumstances, resource allocation. 97 for whatever reason, must get ” the opportunity to get their voices Michael Freeman, Professor of Law (1988) heard, influence decision-making and be treated with dignity and respect – such as children in prisons, child refugees and asylum seekers, and children not in school. Alex and Iqra, members of the young” people-led Get Ready for Geneva project, speaking in the UN General Assembly Hall, New York, December 2007

40 Listen and Change In this section we give practical Resistance can also manifest advice on common problems itself as a form of ‘sabotage’ – Keeping things and pitfalls you might encounter backing participation publicly when introducing a culture of and in strategy documents CLEAR participation in your organisation. but at the same time cutting Academics at Manchester and De In particular, we look at how funds for participation activities Montfort Universities have been to unblock resistance to and ignoring the results of analysing how local government participation and ensure that consultations. While this can be and other organisations can participation activities can be as a very difficult form of resistance effectively enable participation, effective as possible. to tackle, it is important that these using a simple acrostic on the key features of a successful, You may find that resistance to issues are highlighted. sustainable and effective participation is not only on the Tackling these ‘barrier-builders’ participation process.98 part of adults. The proliferation is a significant challenge. of youth-led and child-led Often they will be misinformed Participation is most successful groups has given some groups about participation and simple when citizens: of children and young people awareness-raising will thaw Can do – they have the resources greater degrees of control over their resistance. Sometimes and knowledge to participate the participation process. This it is necessary to confront often brings with it many benefits. their arguments head on Like to – have a sense of However, those in control may and challenge them. Share attachment that reinforces not always extend the benefits information on participation participation of participation to other children and its positive benefits and, Enabled to – are provided with the and young people, particularly if necessary, the relevant legal opportunities for participation those who have traditionally provisions. Work with other Asked to – are mobilised by not been involved in decision- colleagues and leaders to ensure official bodies or voluntary making. It is vital that you that a similar ‘pro-participation’ groups support these children and message is heard loud and clear. R young people to build an At times this can be a deeply esponded to – see evidence inclusive strategy to ensure that personal process, with the need that their views have been all children can participate. to challenge wider prejudices considered. Removing resistance – tackling and values surrounding children. staff and colleagues Careful thought, patience and Sadly, a minority of your resolve may be necessary. 1999 colleagues and staff may However, tackling these attitudes Looking back in history actively resist, repress and avoid and misconceptions about Transforming Youth Work, attempts at sharing control with participation at an early stage will 2000 the first major policy children and young people over ensure that future challenges will document on youth work be easier. decision-making. Clearly, if this in 40 years, noted that 2001 originates from fellow directors, “youth workers have Avoiding manipulation – trustees or senior colleagues, it played a central role in ensuring that children express can have a major impact on your assisting the development their own opinions 2002 opportunities for bringing about of participative and change. Some may do it for Occasionally adults may use and/ democratic models for what they feel are good reasons, or ‘hijack’ a participation process 2003 young people”. It called for such as ‘protecting’ children. for their own means (rather than “the involvement of young Others may stifle discussion of a motivation to enable children to people themselves in all influence decision-making). They participation (either intentionally 2004 aspects of the service, may ‘brief’ children to a degree or unintentionally). Some will including design, delivery where the views expressed actively lobby and resist any form and governance”.99 of participation. are not those of children and

Dealing with dilemmas and difficulties Listen and Change 41 young people, but in reality the have been, to some degree, 2001 views that adults would like manipulated, sensitively ask them Looking back in history them to express. We should not, why they have those views and Hands Up For Peace however, underestimate what how they formed their views. 2002 was a youth-led anti-war children and young people are Sometimes this manipulation protest. It was founded capable of understanding or is not deliberate – for example, and run by young people believing. Just because a child 2003 adults with good intentions from north-west London. or young person is expressing may exaggerate the influence The group created a a view about a complex issue or children and young people 2004 website where over 3,000 with a high degree of detail is have had on a specific initiative. young people contributed not necessarily an indication of Claiming something is “youth- their views. Members manipulation by adults. led” and “they did all the work” 2005 organised a protest It is perfectly natural and indeed may be motivated by a belief in at Parliament where a positive thing for adults participation; yet it cannot hundreds of ‘hands’ 2006 working with children and satisfy the moral or practical were planted in the grass young people to help children imperatives unless it is genuinely of Parliament Square. explore other points of view, The protest received the opinions of the children and 2007 but it is inappropriate for one young people involved. It is much press attention and view to be pushed onto children better to be honest with children made clear many and young people, even if the and young people (and indeed 2008 children and young views of children and young other stakeholders) about the people’s opposition to people are unpalatable to your level of influence they have than the Iraq war. organisation. If this happens it to create false expectations should be tackled head-on. While about what can be or what has children and young people know participation projects or initiatives. been achieved. when someone is attempting to It is vital that children and young manipulate them, it is important There have been occasions people’s participation is voluntary. to follow up any concerns. When when adults, such as teachers If concerns are raised about an hearing the views of children and or parents, have pushed individual child it is important to young people that you suspect children and young people into check that he or she specifically Case Study Young people anti-racism in the West India trading docks and with its many interpreting history Docks area, and expressed artifacts – was a particularly In the summer of 2007, their own interpretation of this rich site of exploration for the coinciding with the bicentennial heritage creatively, using digital teenagers. All the films were commemoration of the abolition media. Each young participant premiered at the museum. of the slave trade, young people produced a personal short video, “Making the film allowed me aged 14 to 19 from the London or ‘postcard’. to express feelings that are Borough of Newham connected The initiative was designed to constrained within us.” (Fienga) history and heritage through art link contemporary and historical The initiative was led by Manifesta and the imagination. Each made struggles against racism – an in collaboration with The a film as part of a series called emotive and often difficult issue Runnymede Trust supported by ‘Video ART Postcards: Slavery, explored through contemporary the Heritage Lottery Fund. Racism and Resistance’. Assisted traces of slavery in the local For more information visit, by video artists and historians, the environment. The museum www.runnymedetrust.org teenagers uncovered locations in Docklands – built on the related to historical racism and foundations of the old West India

42 Listen and Change Dealing with dilemmas and difficulties chose to participate. If this is no choice over the form or style remains on consultation (asking not the case then check with of process and too little time specific questions that influence the child if he or she would and support to either formulate decision-making) rather than like support to raise it with the an opinion and/or express it. deeper and richer forms of parent or for the organisation The pretence is that children are participation. This can also lead to do this on their behalf. In being involved and will influence to ‘consultation fatigue’, where this situation control should be decisions; the reality is that a the same groups of children passed back to the child. The poor process leads to frustrated and young people are asked for organisation should enable children. The views expressed their views regularly (and often him or her to choose what they are unlikely to reflect the rich on similar issues) but others may would like to do. depth of the child’s experiences, not be asked at all. views, wishes and feelings and Often, high-profile, one-off events Detecting decoration – they are not likely to be taken can be an excellent way of ensuring that children are seriously or actually influence soliciting large number of children heard and not just seen decision-making. and young people’s views. They Children and young people may To some degree the basics of also build other commitment to be attending an event but do not management are the key to participation. However, these actively influence proceedings. avoiding tokenism. Be clear events can be expensive and For example, a child may about the opportunities to distract attention from more present a bouquet to a dignitary, participate, the purpose of sustained and ongoing forms of but not know who they are, why participation and the degree participation that can be effective they deserve recognition or to which decisions can be levers of change. influence the decision to present influenced from day one. This It is important that your the flowers. A youth group may will ensure that children and participation activity is planned perform a play which is chosen young people are engaged in an in a strategic manner – setting and directed by adults. This honest and fair way. a clear plan for the future is merely drama by a group development of participation and Short-termism – moving from of young actors – however, it the resources, staff and training events to a systematic strategy becomes participation if it is required. This can link in with the devised, written or interpreted Participation can become a strategic planning processes by them to bring about change. series of one-off events with of the organisation (such as Fortunately this more obvious various different groups of development and review of the form of ‘non-participation’ is children rather than a systematic Children and Young People’s increasingly less common. It has and planned way of opening Plan or the business plan of a become socially unacceptable up opportunities for lots of third sector organisation). in much of the children and different groups of children and young people’s sector to young people. Furthermore, it Re-engaging children and allow or enable such forms of is often the case that the focus young people engagement to occur. It is the right of every child and 2003 Looking back in history young person to participate Tackling tokenism in any matter affecting them. ESSA – the English This right is not conditional When children are given an 2004 Secondary Students’ on choosing to participate at opportunity to participate but it Association – is launched. a particular time. No child or has been badly thought through The organisation is run by or poorly implemented, tokenism 2005 young person can ‘miss the students, for students aged participation boat’. is a likely outcome. Tokenism 11 to 19. It supports young refers to processes whereby However, in practical terms, 2006 people to have a voice on children seem to have a voice issues that affect their lives when you are in the middle of a and opportunity to influence participation process (especially at school or college. decision-making, but they have a group process)

Dealing with dilemmas and difficulties Listen and Change 43 it can be a challenge to engage ‘Best interests’ as a to make it happen. Again, with children and young people primary consideration convincing others of the positive who have not participated the Article 3 of the UN Convention benefits that participation brings whole way through while being on the Rights of the Child is key. sensitive to the views of the other (CRC) obliges governments to Many third sector organisations participants and ensuring that ensure that “the best interests find it helpful to revise their anyone who joins in later in the of the child shall be a primary internal budgets so that a process is not perceived to consideration”. However, specific participation budget jump on the hard work of sometimes children and young line is included in ‘core 100 others. The challenge for people may express opinions costs’. Many funders have managers and leaders is to or suggest actions that adults responded positively to this ensure multi-faceted participation consider would not be in their development, particularly with processes that enable children best interests, especially in the advent of full cost recovery and young people to engage at individual decision-making. fundraising. Full cost recovery different times, potentially using There has been a great deal of means securing funding for, or different methods. debate about how to deal with recovering, all costs (including these situations. the direct costs of projects) and 2004 Nowhere within the text of all overheads (including costs Looking back in history the CRC or the surrounding for administrating management Youth Matters Green debates does article 3 surface committees and governance). 2005 Paper included rolling as an implicit qualifier to Research has shown that at out the Youth Opportunity participation.103 Far from it, present, budgets to support and Youth Capital Fund. article 12 is the means by which participation and consultation 2006 The paper stated that: we can understand and help are often inadequately based “We want young people to fulfil obligations to protect upon a mixture of historical children’s best interests. costs and gut feeling.104 The 2007 to have more direct involvement in all stages Where it is necessary, as a specific costs of involving of service design, means of last resort, to go children and young people in 2008 development, delivery and directly against the wishes of a a project should be included in evaluation. By involving child because adults consider any project application. them, we can help to it to be in their best interests, Inclusion – engaging the 2009 ensure that they will share it is essential that the child is ‘hard-to-reach’ ownership of decisions informed of the reasons for this and use facilities and and given appropriate support. Participation work is often 2010 services responsibly, and centred on those who self- Funding and resources that the investment of select and become engaged for participation public, private or charitable proactively. There is a danger funds is directed to meet The practical resource that the children who most their real needs.”101 requirements for good-quality get involved are older, more confident, better off and have Between 2006 – 2011 participation processes can the active support of parents £220m has been given to quickly add up. Obtaining funding for participation and carers. While all children groups of young people initiatives can, for some and young people have the right to distribute for positive organisations, be problematic. to be involved, it is important activities and capital to ensure that collective investments. By the end If your organisation is committed participation engages the of March 2009, 2.5 million to ensuring that children and young people can have broadest range of children and young people had been young people.105 involved in or benefited influence over decision-making, from use of the Funds.102 then this commitment needs to There have also been efforts to be backed up with the resources target groups of children and

44 Listen and Change Dealing with dilemmas and difficulties young people who may have groups feed into the design as possible. This also means traditionally been excluded from of participation mechanisms having different engagement decision-making (the ‘hard-to- is crucial. They may be able points and different approaches reach’). Research suggests that to engage children and young for different age groups. some groups may be afforded people to help recruit peers more opportunities to have their or find a suitable method to Responding to challenge views heard in relation to policy engage them. Many children and young developments.106 However, often Many children and young people people will express views with these initiatives are attached belong to social groups that are implications that may be difficult to particular funding streams stigmatised or discriminated for organisations to accept. Some or policy initiatives, adversely against in society. They are will strongly challenge the balance affecting their sustainability. least likely to be consulted and of power within your organisation, It is essential to be mindful of heard. For example, in public and might view your organisation all the other children who may discourse concerning anti-social with suspicion. Some will also not be engaged by either route. behaviour, which is frequently exhibit challenging personal Those vulnerable and socially blamed on children and young behaviour. Self-examination will excluded children and young people, how often are the voices be a vital tool in determining the people who may not have of the young given a platform? most appropriate response, but it access to participation nor be Are children in detention given is important to be clear from the prioritised through specialist adequate opportunities to outset about how much power legislation or projects will participate in decisions about can be shared. It is also important have the least opportunities to their own lives? Special care to recognise that challenging influence decision-making. is needed to reach, consult behaviour can be linked to a with and act upon the views sense of powerlessness. Even where legislation requires of children and young people the views of some socially belonging to stigmatised groups. excluded groups to be sought Case Study (such as children in care) this There has been some criticism may not be translated into of elitism in children and The National Youth Agency young people’s participation in reality on the ground. Often (The NYA) What’s Changed community groups or through this legislation – outlined in case study youth parliaments.107 Many Appendix A – is focussed on Brighton and Hove – children and young people are individual decision-making. Young Carers Project in a catch 22 situation – if they Sometimes this extends to attend adult decision-making The Young Carers Project collective forms of deliberation groups dressed casually in has been providing support and participation, but gaps in jeans and a t-shirt and speak in for young carers since 1997. legal protection remain. It is a non-professional manner, they Recently, the service was important to implement both risk not being taken seriously reviewed by young people. individual decision making and by some. If they attend wearing They said that while they collective forms of deliberation smart clothes and use a more valued existing elements of and participation. professional style of speaking, the service, they wanted more The children and young people they risk being accused of support during transition years who are socially excluded in being an elite by others. A and also on an individual basis. a particular community will commitment to opening up As a result, the service now has vary from place to place and decision-making to children a system of individual reviews, in different circumstances. So in a fair and equitable manner which allows individual needs it is essential to have a good includes a commitment to to be regularly assessed. It understanding of your local welcome all children and young has also introduced a support community when planning your people however they look, dress group for older young carers. participation activity. Ensuring or talk. It is important to adopt Learn more at: that staff who work with these approaches that are as inclusive www.nya.org.uk/whatschanged

Dealing with dilemmas and difficulties Listen and Change 45 The theory of participation: increasing the level of control to children and young people

Many participation manuals – tokenism, manipulation and the most benefit in a specific and guides reproduce the well- decoration. This is potentially the environment”.111 While there known ‘Ladder of participation’. ‘best’ impact of Hart’s ladder, are different degrees of control The original ladder of citizen clearly focusing on the levels of and influence by children and participation, developed by ‘non-participation’ that can easily young people, all approaches Sherry Arnstein in 1969, was occur.110 However, the ladder result in young people being a ground-breaking attempt to typology has been criticised for empowered and influencing better articulate the ways that being too simplistic and for an decisions that affect their lives. participation can affect social underlying suggestion that the All approaches are compliant change.108 It was adapted by ladder must be climbed, with the with the provisions of Article 12 Roger Hart in 1992 to focus upper rung as the ultimate goal. of the CRC. This model does not on participation of children assume that there is one, ‘best’ Phil Treseder has developed and young people in decision- form of participation – it depends an alternative circular making.109 The ladder sets eight on the situation. Different typology (relating to collective rungs that delineate the different circumstances will require participation) to clarify the degrees of participation by different forms of participation different degrees of control that children in decision-making – the by children and young people children and young people might higher the rung, the greater the – this can be because of a lack have over decisions. The model degree of control children have. of resources or time or it might states it is important to regard be because of the specific Hart followed Arnstein by “the five degrees of participation challenges of working with a arguing that there are some as five different, but equal, specific group or community of forms of so-called ‘participatory forms of good practice and to young people. practice’ that must be avoided choose the one which will have

Assigned but informed

Consulted Adult-initiated, and informed shared decisions with young people Degrees of participation Youth-initiated, shared decisions Youth-initiated with adults and directed

46 Listen and Change Dealing with dilemmas and difficulties Assigned but informed Youth-initiated, shared 2005 decisions with adults Looking back in history Adults decide on the project New ten-year youth and young people choose to be Young people have the idea and 2006 strategy, Aiming involved in it. The young people set up the project, service or Higher, includes a understand the project, they know organisation. They choose to high-level commitment who decides to involve them and undertake this in collaboration 2007 to participation and why. If young people express an with adults as equals. Together empowerment that will opinion, adults take these views they ensure that it is accessible set the trend for future seriously and reflect them in their and suitable for each other’s 2008 developments. The new decisions. However, young people participation. The children’s strategy backs youth- would not play an active role in the views are taken seriously by led budgeting with the project/service design, delivery or adults and they all influence 2009 continuation of the Youth decision-making. decision-making. Children and Opportunity and Youth adults may take on different Capital Fund until at least Consulted and informed roles, but these roles are 2010 2011 with an additional defined by mutual consent. The project is designed and run £25m for projects in the by adults, but young people are 2011 most disadvantaged Youth-initiated and directed consulted on the design, delivery communities. The and evaluation of the project, Young people have the initial strategy includes a service or organisation. The idea and decide how the project 2012 commitment to give children have a full understanding is to be carried out. They young people greater of the purpose of the consultation may choose to seek support influence over resources, and know that their opinions are and receive this from adults. 2013 devolving decisions on 5 taken seriously and will influence However, the adults do not lead per cent of spending on decision-making. the project, but offer their skills youth activities by 2010, 2014 and knowledge to the young increasing to 25 per cent Adult-initiated, shared people, which they may or may by 2018. The Government decisions with young people not choose to accept. Young 2015 has supported a people are in control of the consortium of charities Adults have the initial idea process at all stages. to develop ‘The Youth of and choose to undertake the Today’ - an initiative to project with young people. 2016 bolster youth leadership. Beyond being asked their views The text from this section has been The consortium offers (‘consulted’), adults open up drawn principally from Treseder (1997). young people access to the decision-making process However, the author has amended the leadership roles, training at every step of planning and text to draw on the writings of Hart (1992; 1997), Arnstein (1969), Reddy and opportunities to implementation to young people and Ratna (2002) and Shier (2001).112 network with other as equals. Together they ensure young leaders.113 that it is accessible and suitable for each other’s participation. The children’s views are taken seriously and they all influence decision-making. Children and adults may take on different roles, but these roles are defined by mutual consent.

Dealing with dilemmas and difficulties Listen and Change 47 Conclusion 6 – the way forward

To be a young person“ is to simply see life from the outside. Not being able to interfere or affect any action that goes on around you. We see things – natural disasters, wars, politics – and we are neither asked about them, or given the chance to change anything…To be a young person in the future is to hopefully see life from the inside.” 114 Michael Barker, Article 12 Member (2000) Laws will only be changed“ when attitudes change and attitudes will change only when there are enough children who have been given their freedom to make an impact on public opinion. This is, of course, already happening but not quickly enough and with too much compromise.” 115 Nan Berger, children’s rights campaigner (1971)

48 Listen and Change The range of decision-making Ensure that participation is opportunities and the level of enshrined in legislation Children’s influence available to children The existing legal rights and perceptions of today is much greater than that statutory duties on public available to their parents, let authorities to ensure children being heard alone their grandparents. There and young people’s participation • A 2010 Department for have been tremendous advances in decision-making are listed in Children, Schools and in public and professional Appendix A (see page 52). While Families survey (carried attitudes towards children’s right there has been considerable out in 2009) asked young to participate and this has, to progress in some areas – for people if they have been some extent, been reflected in example, legal rights for children asked their views about the legislation. Participation has in care – there remains a gap local area – 38 per cent become one of the defining between the standards demanded had not been asked or had features of contemporary by the UN Convention on the Rights not given their ideas. When professional practice concerning of the Child (CRC) and domestic asked whether their ideas children in England. legislation. The UN Committee on about school are listened But despite this considerable the Rights of the Child has called to by the school council or progress, there is still a great for integration of Article 12 within in others ways, just 10 per deal to be done to ensure that domestic legislation.116 cent said ‘a lot’.117 children and young people Legislative change would bring • A 2007 Ofsted survey of can meaningfully participate in clear benefits. It clarifies the 64,500 Year-8 students decisions that affect them. Too role and responsibilities of (aged 12–13) and Year- many children remain unheard public authorities to managers, 10 students (aged 14–15) and too many decisions are practitioners, parents and carers found that 58 per cent felt imposed on them. As the box and to children and young people that children and young on the right shows, while many themselves. Furthermore, rights people’s views were children report having a say in are effective when individuals can “not much” or “not at all” decisions affecting them, this is receive redress. Where legislation listened to in decisions far from universal. What’s more, is not followed, a child may be about the local area.118 specific groups are left out able to take the issue to court for more than others – for example, independent consideration. While • A 2006 survey of 2,000 younger children’s views are respect for children and young 11–16-year-olds carried often taken less seriously. Human people’s views will increase most out by 11 Million found rights demand that all children dramatically and effectively through that 50 per cent do not feel are given the opportunity to be changing attitudes, legislation can they have enough say in 119 involved and that any actions shape and lead these attitudes. As decisions that affect them. taken should bring about tangible history has shown, for example with • A 2006/07 online survey of change in children’s lives. legislation outlawing discrimination 4,000 children and young To move the participation agenda against lesbian and gay people people under-18 found forward a series of reforms or smoking in public places, that 69 per cent felt that are necessary. To close this legislation can direct public opinion their views were taken into guide, we look at some ways and professional practice. account always or most of forward for the participation In many settings children do not the time. However, there agenda. While these are by no have a legal right to participate was wide variation by age means exhaustive, they give an in decision-making. There is and often it depended indication of the scale of the no statutory right for children on the professionals who challenge and potential ways to participate or appeal school worked with them.120 forward to ensure we better listen exclusions or admissions. In family to children and create change life, the definition of parental with and for them. responsibility in England is broad

Conclusion – the way forward Listen and Change 49 and vague and there is no duty Public Sector Equality Duty on parents to involve children in decisions affecting them (as there At time of writing (February 2010) opportunity” they will need is in Finland, Norway and Sweden the Equality Bill is completing to demonstrate that they are for instance).121 There is little its passage through Parliament. encouraging people from or participation in the youth justice It includes a new “public sector belonging to these groups to system in either prevention, court equality duty” which will require “participate in public life”. It also appearance or custody.122 public bodies, like local authorities, requires that where they provide a primary care trusts, schools and particular activity and participation Adopt a human rights police authorities, to: by members of a group is “disproportionately low” they take approach to participation in • Eliminate unlawful action to reduce this gap. your organisation discrimination, harassment and Using a human rights framework The new duty would require a victimisation to inform strategic development local authority to show they are and decision-making processes • Advance equality of opportunity promoting the participation of within your organisation is the best between different groups those groups in public life. They way to ensure that these rights and • Foster good relations between may do this, for example, by human rights principles are put different groups. having a local youth council with a broad and diverse range of young into action. The new duty will apply to groups people involved. If there were a Such a move would be the logical and individuals because they disproportionately low number of next step of the Every Child share a personal characteristic young people from one of those Matters agenda and Change for relating to race, gender, disability, groups involved, then the local Children programme.123 The focus pregnancy and maternity, gender authority would be under a legal for service delivery has already reassignment, religion or belief, duty to take steps to increase their changed from outputs (the type sexual orientation, or age. For participation. Similarly, where they and extent of service provided) to example, it would include black are running public consultations outcomes (the extent to which an people, men and women, pregnant and there is a disproportionately intervention improves children’s women, people with religious low number of young people well-being and life chances).124 beliefs (or none), trans people and involved, they would need to show The adoption of an outcomes- lesbian, gay and bisexual people. how they have taken steps to based approach is a very welcome increase their participation. For a public body to meet its move as it focuses on results duty to “advance equality of for the child rather than service provision. However, the five Every 2005 Child Matters indicators have been Looking back in history criticised for being vague and Every Child Matters open to variation, interpretation The first British children and misunderstanding.125 There 2006 address the United Nations outcomes framework has been work across the world General Assembly in New The Children Act 2004 requires to create a set of children’s rights that children’s services York. Alex White (16) indicators. Examples of a more 2007 authorities and others work and Iqra Bilal (17) were comprehensive approach include together so that every child can: members of the official UK studies by York University126 and 2008 Government delegation • Be healthy also the 2007 UNICEF report to a five-year review of • Stay safe on children’s well-being in the ‘A World Fit for Children’ industrial countries.127 • Enjoy and achieve 2009 – a global action plan for The CRC affords an alternative improving children’s lives • Make a positive contribution framework of detailed indicators set at the Special Session • Achieve economic well-being. by which to measure minimum on Children in 2002. outcomes for every child to enjoy.

50 Listen and Change Conclusion – the way forward This framework was developed They may have to overcome 2007 Looking back in history over a decade by international attitudinal barriers, as many children’s rights experts, in adults still assume that children The Governance of consultation with children and and young people have little to 2008 Britain Green Paper young people themselves and contribute to decision-making, or (2007), proposed a Youth thousands of non-governmental expect their contribution to be far Citizenship Commission 2009 organisations (NGOs).128 Every less significant than that of adults. to explore young people’s article of the CRC has detailed The idea that children and young experiences of citizenship education and the potential provisions and offers a benchmark people’s feelings, experience 2010 minimum standard (see UNICEF’s and wisdom are less important to lower the voting age to Implementation Handbook for than those of adults remains 16. The final report in 2009 found strong support for the Convention on the Rights of prevalent – if not in the children’s 2011 the Child, 2008). Given that all sector, certainly in wider society. votes at 16 amongst young but two countries in the world are A commitment to participation people, recommended that committed to its implementation, it requires a commitment to share 2012 the voting age become a also provides an excellent basis for power with children and young devolved matter and that international comparison. people as equals. It also requires politicians consider the issue further. It also made a a belief that children (and their 2013 The Every Child Matters indicators series of recommendations opinions) are of inherent equal do not readily draw attention for improving youth worth to adults. to participation in decision- citizenship in the UK.131 making, although it is subsumed These attitudinal barriers will often within the approach. There is a be reflected in structural obstacles Concluding thought risk that participation has been such as not being allowed to ‘ghettoised’ in the sense that it join a school governing body. Sherry Arnstein noted that the idea is perceived to relate to just one Or they might result from lack of of citizen participation is a little like outcome – ‘making a positive information – not knowing how to eating spinach: no one is against contribution’ – rather than being get involved in the running of a it in principle because it is good an integral element of achieving local charity, for example, or where for you. However, when those who all five outcomes.129 Any process to go for help with difficulties at currently do not participate define participation as a redistribution of that does not hear children’s home. This guide has consistently power, it is regarded not as spinach voices will not be sustainable, attempted to highlight tangible but as a radical ideology that draws equitable or fair. A rights-based and practical ways to break political opposition.132 approach to participation down some of these structural would require equal attention to barriers. Many of the suggestions Arnstein was right on both counts. achieving the outcome and the are relatively simple tasks but Securing children and young quality of the process.130 they require vision and a strong people’s participation is good for us commitment to participation. all – for children and young people Ensure that organisations and themselves, for individual adults, for The role of managers is to service providers and for the wider individuals value and respect lead this process of change, children and young people community. But, for, participation to transforming the values and be truly effective and meaningful Legal rights guaranteeing attitudes of an organisation and we also need to be radical and children’s participation are just the individuals within it, focusing shift our thinking about children, one aspect of what’s involved. on the main objective of sharing young people and their rights. We Children and young people often power with children and young need to understand that they are face barriers when trying to people. Ensuring a commitment citizens with rights who are being express their views and influence to the values of a children’s rights disrespected; they are inherent decision-making. This can occur approach and a belief in children equals who are often excluded from in a wide range of settings, as equals will be one of the decision-making. It requires us to irrespective of whether legislation fastest and most effective gains in believe that children are the citizens is in place. creating a culture of participation. of today, not just tomorrow.

Conclusion – the way forward Listen and Change 51 Appendix A: Legislative duties A and policy obligations

The past decade has seen a progressive shift in the legislative and policy framework relating to children and young people’s participation. There are a number of legislative duties on public authorities to ensure that they involve the general public in decision-making, some of which relate specifically to children and young people.

The legal framework continues to develop. Important new duties in The table education, local decision opposite gives making and for children in care some of the key legal have been passed by Parliament duties on various public but are not yet commenced. Visit authorities that had www.participationworks.org.uk or come into force by www.crae.org.uk for details of February 2010. new legislative duties as they commence and key legal judgements

52 Listen and Change What we must do Source Local government: Actions specific to children and young people Local authorities should ensure that their early years provision has regard to such information about the views of young children as is available to the local authority Childcare Act 2006, Section 3(5) and appears to them to be relevant to the discharge of those duties.

i Children’s services authorities should produce a Children and Young People’s Children Act 2004, Section 7(1) Children and Young People’s Plan Plan.i Regulations (published in 2005 and revised in 2007) state that while (England) Regulations 2005, Regulation preparing this plan the local authority should consult with children and relevant 7(1)(a) as amended by Children and Young People’s Plan (England) young persons in the area of the authority. (Amendment) Regulations 2007 When developing its positive leisure time activities, the local authority should ask 13 to 19 year-olds (or up to 25-year-olds if they have a learning disability) Education and Inspection Act 2006, their views on the need for additional activities and facilities and their ability to Section 6(9)(a) and (b) access such activities and facilities. They must ensure that the views of these young people are taken into account. The views of young people and their parents and carers will be taken into account much more widely in the planning and commissioning of services, so that services

reflect their needs and their influence. Government, local authorities and health Public Service Agreement (PSA) 14: services should support the active participation of young people and their families increasing the number of people on in the commissioning, design and delivery of services (Priority Action 5). National the path to success Indicator 110 monitors how well local areas are increasing participation in positive activities, including participation in youth groups such as youth forums and councils. General Local authorities have the power to promote the well-being of the local area on i Local Government Act 2000, Section economic, social or environmental grounds.i They should write a sustainable 2(1) community strategy that outlines how they will fulfil this duty and should seek to ii Local Government Act 2000, Section 4(3)(A) consult and secure the participation of such persons as they consider appropriate.ii When developing a homelessness strategy the local authority should consult with other public or local authorities, voluntary organisations or other persons as they Homelessness Act 2002, Section 3(8) consider appropriate . When preparing a local development plan they must include a statement of community involvement, in which they set out their policy on involving their Planning and Compulsory Purchase community in preparing regional spatial strategies, local development documents Act 2004, Section 18 and consulting on planning applications. Government aims to build empowered communities where children and young

people “are given opportunities to participate and influence decision-making as Public Service Agreement 21 – Build confident and responsible citizens”. Indicator 3 focuses on “the percentage of more cohesive, empowered and people who feel that they belong to their neighbourhood” and Indicator 4 on “the active communities percentage of people who feel they can influence decisions in their locality”.

County councils, unitary authorities, passenger transport executives and Transport for Section 108, Transport Act 2000 as London, should produce Local Transport Plans. When preparing and keeping the plan amended by Local Transport Act under review, they should consult any groups or people as they consider appropriate 2008, Section 8(1)

Appendix A: Legislative duties and policy obligations Listen and Change 53 What we must do Source Health providers General Strategic health authorities (SHAs), primary care trusts (PCTs), NHS trusts and NHS foundation trusts, or those delivering services on their behalf, must make arrangements to ensure that service users, whether directly or through representatives, are involved in: • the planning of the provision of those services NHS Act 2006, Section 242 • the development and consideration of proposals for changes in the way those services are provided • decisions to be made by that body affecting the operation of those services. The duty applies if implementation of the proposal, or a decision (if made), would have an impact on the way the service is delivered or available. The Secretary of State can provide independent advocacy services for people NHS Act 2006, Section 248 making or intending to make a complaint. Each local authority must enter into a contractual relationship with an independent body to ensure the involvement of local people in the commissioning, provision and i Local Government and Public scrutiny of health and social care services. These new arrangements will be known Involvement in Health Act 2007, Section 221 i as Local Involvement Networks (LINks). These networks have the right to enter The Local Involvement Network premises, refer social care matters to the local Overview and Scrutiny Committee Regulations 2008 and produce an annual report. Each SHA and PCT must (at times directed by the Secretary of State) prepare a report on the consultation carried out, or proposed to be carried out, before Section 17A, National Health Service it makes commissioning decisions, and on the influence that the results of the Act 2006 as amended by Local consultation have on its commissioning decisions. The duty includes reports by a Government and Public Involvement in Health Act 2007, Section 234 PCT and also applies to consultations not undertaken by a PCT itself but which have an impact on commissioning decisions. Indicator 5 (parents’ experience of services for disabled children and the ‘core offer’) will be based on a survey of parents of disabled children at local authority Public Service Agreement 12: Improve the health and well-being of children level. This will assess the level of participation of disabled children and their and young people families in service planning, commissioning and delivery. Police and community safety General Police authorities shall make arrangement for obtaining the views of people in Police Act 1996, Section 96(1)(a) their area about matters concerning the policing of the area

Crime and Disorder Act 1998, Section Crime and Disorder Reduction Partnerships, made up of the police force, police 6(1) as amended by Police and Justice authorities, local authorities, fire and rescue authorities and Primary Care Trusts, Act 2006, Section 22 and the Crime and should obtain the views of local people when developing their strategy. Disorder (Formulation and Implementation of Strategy) Regulations 2007 If the police have reasonable cause to believe that a child would otherwise be likely to suffer significant harm, they may remove the child to suitable accommodation and keep them there or take such steps to prevent their removal from another place.i As i Children Act 1989, Section 46(1) soon as is reasonably practicable after taking a child into police protection, the police ii Children Act 1989, Section 46(3)(d) officer concerned shall take such steps as are reasonably practicable to discover the wishes and feelings of the child.ii (See also ‘Children in need of protection’, page 56)

54 Listen and Change Appendix A: Legislative duties and policy obligations What we must do Source Education providers Local education authorities and school governing bodies of maintained schools (including those providing nursery education) are required to have regard to Education Act 2002, Section 176 as amended by Education and guidance on pupil consultation, including as it applies to pupil referral units. The Inspections Act 2006, Section 167(a) Government has now included nursery education in this provision. Regulations for school governors allow for the appointment of ‘associate members’ of a committee of a school governing body. Associate members can School Governance (Constitution) (England) Regulations (2003), be under 18; there is no lower age limit. An associate member is not a governor. Regulation 11 She or he can be a member of any committee of the governing body and can hold office for four years, with reappointment possible.

An excluded pupil under the age of 18 should normally be allowed to attend the Improving Behaviour and Attendance: exclusion hearing and to speak on his or her own behalf, if he or she wishes to Guidance on Exclusion from Schools do so. and Pupil Referral Units, 2008

Every school must have a behaviour policy. In preparing this policy, governors Education and Inspection Act 2006, Section 88(3)(d) should ensure that registered pupils at the school are consulted.

Her Majesty’s Chief Inspector of Schools in England (Ofsted) must have regard for and include any views expressed to him by registered pupils (as well as other Education Act 2005, Section 7(f) stakeholders) at the school. Best value authorities The Government has prescribed some public authorities as a ‘best value authority’ with a number of specific duties applying to them: a local authority (excluding parish councils); a National Park authority; the Broads Authority; a police authority; a fire authority constituted by a combination scheme and a metropolitan county fire and civil defence authority; the London Fire and Emergency Planning Authority; a waste disposal authority; a metropolitan county passenger transport authority; Transport for London; the London Development Agency.* The authority must ensure that when attempting to improve its services they consult representatives of persons who use or are likely to use those services Local Government Act 1999, Section and representatives of persons appearing to the authority to have an interest in 3(2) any area within which the authority carries out its functions. Excluding police authorities, when consulting the authority should: • Provide information about the exercise of the function Local Government Act 1999, Section • Consult about the exercise of the function or 3A(1)(a) to (c) • Be involved in another way.

*Police authorities are exempt from this duty in the Act as they are already covered by similar provisions in Section 96 of the Police Act 1996 and Section 157 of the Serious Organised Crime and Police Act 2005.

Appendix A: Legislative duties and policy obligations Listen and Change 55 What we must do Source

Specific communities of children

The first PSA of its type concerned with tackling discrimination and disadvantage Public Service Agreement 15: due to identity, including age. Indicator 3 focuses on “participation in public Address the disadvantage that individuals experience because of life by women, ethnic minorities, disabled people and young people”. Data is their gender, race, disability, age, collected through the Place Survey and asks individuals over 18. sexual orientation, religion or belief Adoption Any court or adoption agency making a decision about the adoption of a child Adoption and Children Act 2002, must have regard to the child’s ascertainable wishes and feelings about the Section 1(4)(a) decision (considered in the light of the child’s age and understanding).

Requiring rules of court to be prepared on the separate representation of children Adoption and Children Act 2002, Section 122 creates a new section in family proceedings. 93(2)(bb) of the Children Act 1989

The making or revocation of an Adoption Placement Order is a “specified Adoption and Children Act 2002, proceeding” and so subject to court rules on the separate representation Section 122 creates a new section of children. 41(6)(hh) of the Children Act 1989 Children in need Children in need are described as: • Disabled; or • Unlikely to have, or to have the opportunity to have, a reasonable standard of health or development without services from a local authority; or • Unlikely to progress in terms of health or development; or • Unlikely to progress in terms of health or development, without services from a local authority. Section 53 of the Children Act 2004 amends the Children Act 1989 and places a duty on local authorities, so far as is reasonably practicable and consistent with the child’s i Children Act 2004, Section 53 ii Children Act 1989, section 17(4A) welfare, to ascertain the wishes and feelings of a child in needi and to give them due consideration (having regard to the child’s age and understanding).ii Children in need of protection Defined as subject of an emergency protection order; in police protection; or the local authority has reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm. Section 53 of the Children Act 2004 amends the Children Act 1989 to impose a new duty on local authorities, so far as is reasonably practicable and consistent i Children Act 2004, Section 53; with the child’s welfare, to ascertain the child’s wishes and feelings of a child at ii Children Act 1989, section 47(5A) risk of significant harmi and give them due consideration (having regard to the child’s age and understanding).ii Disabled children This is defined as a physical or mental impairment that has a substantial and long-term adverse effect on a child’s ability to carry out normal day-to-day activities. The Disability Discrimination Act 2005 amended the Disability Discrimination Act 1995 to introduce a new disability equality duty on all public authorities. i The duty i Disability Discrimination Act 2005, ensures that any public body should promote equality of opportunity between Section 3 creating Section 49(A)(1)(f) ii The Disability Discrimination disabled persons and other persons and encourage participation by disabled (Public Authorities) (Statutory Duties) persons in public life. It also requires the public body to issue a disability equality Regulations 2005, Section 2(3)(a) scheme and state how disabled people have developed the scheme.ii

56 Listen and Change Appendix A: Legislative duties and policy obligations What we must do Source Children living away from home (including children in care) A Children’s Rights Director is established as a part of Ofsted.i The Director will advise and assist the Chief Inspector in relation to the Chief i Education and Inspections Act 2006, Inspector’s duty when performing his or her functions. The Director will have regard to: Section 120 (initially established by Care Standards Act 2000, Schedule • The need to safeguard and promote the rights and welfare of children 1, paragraph 10(1). The role was • The views expressed by relevant persons about activities within his or her remit… transferred to Ofsted in 2006) ii in particular by ascertaining the views of children (and, where appropriate, their The Office for Standards in Education, Children’s Services and parents) about those activities, and reporting such views to the Chief Inspector. Skills (Children’s Rights Director) The Director will inform the Chief Inspector of any matters in relation to the rights Regulations 2007 and welfare of children that he or she considers significant.ii Children in care A local authority shall, so far as is reasonably practicable, ascertain the wishes i i Children Act 1989, Section 22(4) and feelings of the child before making any decision affecting that child and ii Children Act 1989, Section 22(5) shall give those views due consideration.ii Local authorities should follow regulations from Government on how they should review the cases of those children in their care. This regulations may require the i Children Act 2006, Section 26(2)(d)(i) local authority to seek the views of the child involvedi and inform him or her of the ii Children Act 1989, Section 26(i)(i) result of the review.ii

i Children Act 2006, Section 26A Every local authority should provide independent advocacy services for children Children Act 1989 Representations and young people making representations to it.i Procedure (England) Regulations 2006 Independent Review Officers (IROs) should participate in the statutory meetings to review the care plan of each looked-after child. The IRO usually takes on the role of chairing the meeting and is responsible for monitoring the performance of the local i Adoption and Children Act 2002, authority’s functions in respect of each review. The Officer must ensure that: Section 118 ii The Review of Children’s Cases the child’s views are understood and taken into account and that the persons (Amendment) (England) Regulations responsible for implementing any decision taken in consequence of the review are 2004 identified. If appropriate, IROs can refer a child’s case to a Children and Family Court Advisory and Support Service (CAFCASS) Officer. ii Children in trouble with the law Requires a youth offender panel to produce a written record of the programme Youth Justice and Criminal Evidence agreed by the child or young person in a language capable of being readily Act 1999, Section 8(5) understood by, or explained to, the offender. Children in contact with the courts When considering a question with respect to the welfare of a children, it must have regard in particular to the ascertainable wishes and feelings of the child Children Act 1989, Section 1(3)(a) concerned (considered in the light of his or her age and understanding). In family proceedings in which the welfare of a child is, or may be, in question, the Children and Family Court Advisory and Support Service shall give advice to any court Criminal Justice and Court Services about any application made to it, make provision for children to be represented and Act 2000, Section 12 provide information, advice and other support for the children and their families.

Adapted and updated from Ready Steady Change participation training materials (2005) and Participation in Practice (2002).133 References refer to the law as amended unless detailed elsewhere. For an up-to-date list of policy affecting participation visit: www.participationworks.org.uk

Appendix A: Legislative duties and policy obligations Listen and Change 57 Appendix B: Monitoring human B rights in England

Human rights are a tool to create positive change for and with children. Monitoring their implementation is a critical aspect of achieving this change. In the UK there are a number of different mechanisms for monitoring children’s human rights.

58 Listen and Change UN Committee on the Rights of administers the Universal Periodic The Commission encourages the Child Review – a process whereby the compliance with the Human Rights Implementation of the CRC is human rights records of all 192 Act whilst also working to promote monitored by a group of 18 UN Member States are reviewed and protect broader human rights independent international experts every four years. provisions, such as the CRC. It – the UN Committee on the Rights www.ohchr.org/english/bodies/ also gives advice and guidance of the Child. The UK Government, hrcouncil to businesses, the voluntary and like all States that have ratified public sectors, and to individuals. the CRC, has to submit periodic Joint Committee on Human Rights The Commission is chaired by reports on its compliance with Joint Committee on Human Rights Trevor Phillips. the Convention. The Committee This joint committee of MPs and www.equalityhumanrights.com Peers can undertake inquiries also receives evidence from, and relating to human rights in the meets with, non-governmental Children’s Commissioner for UK (but excluding consideration organisations and children and England – 11 Million of individual cases). It also young people. The UK’s most 11 MILLION is the organisation led scrutinises draft laws progressing by the Children’s Commissioner recent examination was in autumn through the Houses of Parliament. for England. The role of the 2008. The UK is next due for The Committee has taken a Children’s Commissioner was examination in 2014. After each proactive role in scrutinising the created by the Children Act examination, the Committee Government’s record on children’s 2004 and is required to promote issues a set of concluding human rights. It regularly makes awareness of the views and observations that highlight positive reference to children’s rights, interests of children and young developments as well as the most including the right to be heard, in people from birth to 18 (up to pressing rights violations and what its reports and legislative scrutiny. 21 for care leavers and those action the Committee expects the In 2003 it investigated the case who have a learning disability) UK Government to take to fulfil its for a Children’s Commissioner in England. In doing so the legal obligations. The Committee for England and in 2005 issued a Commissioner must have regard also publishes ‘General report on implementation of the to the CRC.134 Professor Sir Al Comments’, which provide CRC. In 2009 the Committee held Aynsley-Green was appointed the detailed advice on how particular a special inquiry into children’s first ever Children’s Commissioner articles in the Convention should rights and issued a full report. for England in March 2005. be implemented. A General www.parliament.uk/jchr Maggie Atkinson took over the Comment on children’s right to be post in March 2010. heard was published in 2009. Equality and Human Rights www.11million.org.uk www2.ohchr.org/english/bodies/crc Commission (EHRC) The Commission is a statutory National children’s rights coalitions UN Human Rights Council body, established under the Charities and the third sector UN Human Rights Council An Equality Act 2006, which took play a crucial role in monitoring inter-governmental organisation over the responsibilities of the children’s rights implementation composed of 47 elected UN Commission for Racial Equality, and advocating for law and Member States which meets in Disability Rights Commission and policy reform. Across the world, Geneva ten weeks a year. The Equal Opportunities Commission. national coalitions of children and Human Rights Council is a forum It is the independent advocate young people’s NGOs (including empowered to prevent abuses; for equality and human rights those run by children and inequality and discrimination; in Britain. It aims to reduce young people) work together to protect the most vulnerable; and inequality, eliminate discrimination, safeguard children’s rights. expose perpetrators of human strengthen good relations between rights abuse. The Council is people, and promote and protect The Children’s Rights Alliance responsible for administering human rights. The Commission for England has more than 270 ‘Special Procedures’ which enforces equality legislation members and is one of the largest allows it to investigate human on age, disability, gender, children’s rights alliances in the rights issues in a country or race, religion or belief, sexual world. For more information visit: thematically. The Council also orientation and transgender status. www.crae.org.uk

Appendix B: Monitoring human rights in England Listen and Change 59 Appendix C: Inspection and regulation C of participation in local authorities

There are various different inspection and regulation programmes. Many of these specifically look at how well organisations are involving children and young people in matters that affect them.

60 Listen and Change Since April 2009 inspection of council service performance. and therefore influence future local areas has been undertaken The organisational prospects for improvement. We through the Comprehensive Area assessments for the other will review the evidence of how Assessment. The CAA is run main public bodies in each well this is done and the impact it by the Audit Commission, the area are conducted by the is having in each area and, where Care Quality Commission, HM relevant inspectorate. we either have concerns or identify Inspectorate of Constabulary, The area assessment is not scored exceptional performance or HM Inspectorate of Prisons, per se. Every area will receive a improvement, we will probe further HM Inspectorate of Probation series of either red or green flags. to support our judgements.” and The Office for Standards in Red flags show where there are The Framework sets out an Education, Children’s Services significant concerns about future expectation on public services and Skills (Ofsted). It has improvement and green flags to understand the needs and replaced the previous annual highlight exceptional performance aspirations of communities, performance assessment and the or improvement. There is no especially those whose joint area review. obligation to undertake a self circumstances make them The six inspectorates examine assessment prior to the inspection, vulnerable and those who are how well local authorities, health but it is strongly encouraged. hardest to reach or hear. It bodies, police forces, fire and Inspectors will also review a range expects local services to be rescue services and others of local strategy documents effective at giving a voice to responsible for local public such as the Sustainable people who are vulnerable or services are working together Community Strategies, Housing at greater risk of disadvantage and meeting the needs of the Strategy, Local Development and inequality, identifying people they serve. The CAA Framework, Joint Strategic Needs their potential and supporting Framework provides details of Assessments, Community Safety them to achieve the levels of 135 the inspection process. The Partnership Plan and the Children choice, autonomy and improved intention is that high performing and Young People’s Plan. outcomes that other citizens enjoy. organisations and partnerships In reviewing the evidence, they delivering improvements in Each year a joint area assessment report for each will be looking at how effective outcomes and value for money engagement is, by understanding: will receive less inspection. area covered by a Local Area Agreement will be published. • how well councils and their Area and organisation assessments This is published online at http:// partners know and engage with oneplace.direct.gov.uk where you their communities, including CAA has two main elements can search by your local area children, and understand which inform one another: and by organisations working in the needs of vulnerable and • an area assessment - this your area. marginalised groups; looks at how well local public • the extent to which the services are delivering better Inspection of engagement with priority outcomes for the area results and how likely they local communities have been defined with the are to improve in the future. The CAA Framework has a strong involvement of communities; It focuses on the area’s focus on listening to and engaging Local Area Assessment (see • how well communities have with local communities. This been involved in assessing page 29) and sustainable states that “understanding how community strategies, along whether priority outcomes well local partners understand have been delivered; and with statutory education and their communities and listen attainment targets. and respond to local people, • the effectiveness of local • an organisational assessment including children, is central partners in coordinating for councils, looking at to the…question[s] in the area community engagement and value for money in the use assessment. Equally important is communicating the impact on of resources with a joint how well this understanding has their decisions. inspectorate assessment of been used to inform local priorities

Appendix C: Inspection and regulation of participation in local authorities Listen and Change 61 Children’s services every three years. Ofsted has Ofsted provides an annual grade said that the unannounced nature of the performance of children’s of this inspection, and its focus services (as required by the 2006 on services and support for Education and Inspections Act) those children and young people within the CAA organisational who are most in need, limit assessment, drawing from its opportunities for inspectors to inspection and regulatory work engage directly with users during and the National Indicators (see fieldwork. However, inspectors page 29) covering the five Every will take account of whether the Child Matters outcomes. This service has spoken to children includes early years’ settings, in carrying out assessments, schools, colleges, adult learning, taken account of their views, and children’s homes, fostering whether these views are reflected and adoption services. Ofsted in assessments that meet issues a performance profile differing needs. Furthermore, the of outcomes and services for Office of the Children’s Rights children and young people in Director will undertake new each local authority area, which annual surveys of looked after 136 will be reviewed quarterly. It is children and care leavers. available on the Ofsted website – A separate programme of www.ofsted.gov.uk Inspecting Youth Offending It also conducts annual, will be led by Her Majesty’s unannounced inspection of local Inspectorate of Probation, which authority contact, assessment will scrutinise performance and referral centres for children’s information provided by the Youth social care and full inspection Justice Board. of safeguarding and services for looked after children in each local authority area at least once

Tellus DCSF runs an annual survey of The findings are used to • NI 115: Reduce the children to gather high level data assess how will local areas are proportion of young people on a range of issues relating to achieveing against the national frequently using illicit drugs, the Every Child Matters outcomes indicator set (see page 29). alcohol or volatile substances to inform policy development Indicators measured through 2009-10 and measure progress towards children’s views include: • NI 199: Children’s and young achieving the outcomes at a local • NI 50: Emotional health and people’s satisfaction with and national level. well-being - children and parks and play areas 2009-10 The survey provides statistically young people user perception The survey also asks questions representative data at local 2009-10 about participation in school and national levels allowing • NI 69: Percentage of children decision making. for national benchmarking and who have experienced nearest statistical neighbour Learn more at: bullying 2009-10 comparisons that one-off www.tellussurvey.org.uk local surveys or qualitative • NI 110: More participation in consultations cannot provide. positive activities 2009-10

62 Listen and Change Appendix C: Inspection and regulation of participation in local authorities References

1 Adapted from Treseder, P. (1997) 14 See for example: Gaskin v. UK 10454/83 29 Fabes, R. Gaertner, B. Popp, T. (2006) Empowering Children and Young People: (1989) ‘Getting along with others: social Promoting Involvement in Decision- competence in Early Childhood’ in 15 See for example: Hokkanen v Finland A Making, Children’s Rights Office and McCartney, K. and Phillips, D. (eds) 299-A (1994) Save the Children Blackwell handbook of early childhood 16 Extract from Sahin v Germany, Chamber development Oxford: Blackwell Publishing. 2 Lansdown, G. (1992) ‘Key right is the judgment of the European Court of child’s right to be heard’, Childright, Vol. 30 Feinstein and Bynner, cited in Margo, Human Rights, July 8, 2003 91 (4). Pg. 4 J., Dixon, M., Pearce, N. and Reed, H. 17 Committee on the Rights of the Child (2006) Freedom’s Orphans: Raising 3 Statement by Nelson Mandela on (2009) General Comment No. 12 The right Youth in a Changing World, Institute for Building a Global Partnership for of the child to be heard CRC/C/GC/12 Public Policy Research, Pg. 65 Children, Johannesburg, May 6, 2000 18 For more information see: Berger, N. 31 Feinstein, L. and Bynner, J. (2006) ‘Continuity 4 Conference speech by the Deputy (1971) ‘The Child, the Law and the and Discontinuity in Middle Childhood Secretary General of the Council of State’ in Adams, P., Berg, L., Berger, N., – Implications for Adult Outcomes in the Europe, Berlin, October 21, 2005, Duane, M., Neill, A. S. and Ollendorff, UK 1970 Birth Cohort’ in Huston, A. and ‘Raising Children Without Violence’ R. Children’s Rights – Towards the Ripke, M. (eds) Developmental contexts in www.coe.int/t/e/SG/SGA/documents/ Liberation of the Child, Wellingborough: middle childhood: bridges to adolescence speeches/2005/ZH_21102005_Berlin. Weatherby Woolnough Ltd, Pg. 161. and adulthood Cambridge: Cambridge asp#TopOfPage 19 Committee on the Rights of the Child (2005) University Press 5 Preamble, Universal Declaration of General Comment No. 7 Implementing child 32 Margo, J., Dixon, M., Pearce, N. and Reed, Human Rights (1948) rights in early childhood H. (2006) Freedom’s Orphans: Raising 6 These include the International Convention 20 Extracts from J. Miller, (1996) Never Too Youth in a Changing World, Institute for on the Elimination of All Forms of Racial Young: How Young Children Can Take Public Policy Research, Pg. 125 Discrimination (1965), the International Responsibility and Make Decisions The 33 Cotterell, J. (2007) Social Networks in Covenant on Economic, Social and National Early Years Network and Youth and Adolescence 2nd Edition Cultural Rights, the International Covenant Save the Children London: Routledge on Civil and Political Rights (both adopted in 1966), the Convention on the Elimination 21 Badham, B. (2004) ‘Participation for a 34 Scales, P.C. and Leffert, N. (1999) of All Forms of Discrimination against Change: Disabled Young People Lead the Developmental Assets: A Synthesis of Women (1979) and the Convention Way’ Children & Society Vol. 18 Pg. 143–154 the Scientific Research on Adolescent Against Torture and Other Cruel, Inhuman 22 Statement by John Denham MP, Minister for Development, Search Institute, Pg. 218 or Degrading Treatment or Punishment Children and Young People, to the United 35 See 33 (1984), the Convention on the Rights of Nations General Assembly special session 36 Kirby, P. and Bryson, S. (2002) Persons with Disabilities (2006) and the on children, New York, May 10, 2002 United Nations Declaration on the Rights Measuring the Magic, Carnegie Young of Indigenous Peoples (2006). 23 Department for Children, Schools and People’s Initiative Families (2010) ‘Participation: Frequently 7 Adapted from Theis, J. (2004) Promoting Asked Questions’ Every Child Matters: 37 Hart, R. (1997) Children’s Participation: Rights-Based Approaches: Experiences Change for Children (Accessed online The Theory and Practice of Involving and Ideas from Asia and the Pacific Save at http://www.everychildmatters.gov.uk/ Young Citizens in Community the Children Sweden. Pg. 3 participation/faq/ ) Development and Environmental Care, New York: Earthscan, Pg. 30 8 Audit Commission (2003) Human Rights: 24 Home Office (2005)Improving Improving Public Service Delivery Opportunity, Strengthening Society 38 Kirby, P. and Bryson, S. (2002) Measuring 9 Public Law Project (2003) The Impact the Magic, Carnegie Young People’s 25 Office of the High Commissioner for Initiative, Pg. 29 of the Human Rights Act 1998 on Human Rights (no date) Fact Sheet Judicial Review No.10 (Rev.1) The Rights of the Child, 39 Prout, A., Simmons, R. and Birchall, J. 10 Butler, F. (2004) Who Needs Them? Using http://www.unhchr.ch/html/menu6/2/fs10.htm (2006) ‘Reconnecting and extending the research agenda on children’s Human Rights in the Voluntary Sector, 26 Blanden, J., Gregg, P. and Macmillan, L. Institute for Public Policy Research participation: mutual incentives and the (2006) Accounting for Intergenerational participation chain’ in Tisdall, K., Davis, 11 Equality and Human Rights Commission Income Persistence: Non-Cognitive Skills, J., Hill, M. and Prout, A. Children, Young (2009) Human Rights Inquiry Ability and Education, Centre for the People and Social Inclusion – Participation Economics of Education 12 Cited in Lansdown, G. (1996) A Model for what? Bristol: Policy Press for Action: The Children’s Rights 27 Margo, J., Dixon, M., Pearce, N. and 40 Margo, J., Dixon, M., Pearce, N. and Reed, Development Unit Promoting the Reed, H. (2006) Freedom’s Orphans: H. (2006) Freedom’s Orphans: Raising Convention on the Rights of the Child in Raising Youth in a Changing World, Youth in a Changing World, Institute for the United Kingdom, UNICEF International Institute for Public Policy Research, Pg. 61 Public Policy Research, Pg. 114 Child Development Centre, Pg. 3 28 Feinstein, L., Hearn, B., Renton, Z., 41 Ministry of Education (1960) The Youth 13 See for example: Campbell and Cosans Abrahams, C. and MacLeod, M. (2007) Service in England and Wales (‘The Reducing Inequalities – Realising the v. UK 7511/76; 7743/76 (1982); Y v. UK Albemarle Report’) Paragraphs 173–76 Talents of All, National Children’s Bureau 14229/88 (1993); Costello Roberts v UK and 193–195 13134/87 (1993)

References Listen and Change 63 42 Department for Community and Local 58 Stuart Etherington, Chief Executive, 70 Department for Communities and Local Government (2007) ‘What Works’ in National Council for Voluntary Government (2008) National Indicators Community Cohesion – Research Study Organisations, speaking at NCVO Annual for Local Authorities and Local Authority conducted for Communities and Local Conference, February 21, 2007. Full Partnerships: Handbook of Definitions Government and the Commission on speech at http://www.ncvo-vol.org.uk/ 71 HM Government (2007) Development of the Integration and Cohesion press/?id=4148 New LAA Framework: Operational Guidance 43 Singh, D. (2007) Our Shared Future: Final 59 Department of the Environment, Transport 72 National Audit Office (2007)Local Area report of the Commission on Integration and the Regions (2001) Local Strategic Agreements and the Third Sector: Public and Cohesion Partnerships Government Guidance, Service Delivery pp. 12–13 44 See, for example: Taylor, M. (2006) 73 Carnegie UK Trust (forthcoming) The ‘Empowerment: a Labour vision for public 60 West, A. (2001) The LSP Guide – Local final report of the Carnegie Young services’ in Philpot, P. (ed) Power to the Strategic Partnerships. A handy guide People Initiative People: Next steps for New Labour, Progress; to getting involved for voluntary and Diamond, P. (ed) (2007) Public Matters, community groups, Urban Forum and the 74 Cited in Franklin, B. (1989) ‘Children’s Public Service Reform Group/Politicos Community Development Foundation rights: developments & prospects’ Children & Society Vol. 3 (1) Pg. 56 45 Cabinet Office (2007)Building on 61 Department for Education and Skills Progress: The role of the state, Pg. 14 (2006) Parenting Support – Guidance for 75 Department for Education and Skills / Local Authorities in England Department of Health (2006) Joint Planning 46 Ed Miliband MP (2007) Speech: Lessons and Commissioning Framework for Children, from the third sector transcript, Future 62 See also: Barnardo’s, Children’s Rights Young People and Maternity Services Services Network event on June 25, 2007 Office, The Children’s Society, NCH Action for Children, NSPCC and Save 76 Office of the Third Sector (2006) 47 Ed Balls (2007) ‘The Every Child Matters the Children (1999) All right at home? Partnership in Public Services: An action Department’ speech delivered July 18, 2007 Promoting respect for the human rights plan for third sector involvement to National Children’s Bureau conference, of children in family life; and Children’s Business Design Centre, Islington 77 Governance Hub / British Youth Council Rights Office (1999)Building Small / Children’s Rights Alliance for England 48 Crosby, N. and Miller, C. (2007) Introducing Democracies – The implications of the (2006) Trust Youth Individual Budgets and Self-Directed UN Convention on the Rights of the Child Support for Disabled Children, Young for respecting children’s civil rights within 78 Low, N., Butt, S., Paine, A. E. and Davis- People and their Families and Carers, the family Smith, J. (2007) Helping Out: A national Office for Public Management Ltd, In survey of volunteering and charitable 63 Department for Children, Schools Control and Paradigm for the Department giving, Office of the Third Sector / and Families (2009)The Roles and for Children, Schools and Families National Centre for Social Research / Responsibilities of the Lead Member for Institute for Volunteering Research 49 HM Treasury / Department for Education Children’s Services and the Director of 79 Department for Education and and Skills (2007) Aiming High for Disabled Children’s Services – Statutory Guidance Children: Better support for families Employment (DfEE) (1998) Education 64 Department for Children, Schools for Citizenship and the Teaching of 50 Park, A. (2004) ‘Has modern politics and Families (2009)The Roles and Democracy in Schools: Report of the disenchanted the young?’ in Park, A., Responsibilities of the Lead Member for Independent Advisory Committee Curtice, J., Thomson, K., Bromley, C. and Children’s Services and the Director of 80 Clark, J. Dobbs, J. Kane, D. Wilding, Phillips, M. (eds) British Social Attitudes: Children’s Services – Statutory Guidance the 21st Report, London: Sage Publications K. (2009) The State and the Voluntary 65 Wringe, C. A. (1981) Children’s Rights: A Sector Recent trends in government 51 4Children (2007) Make Space Review Philosophical Study, London: Routledge funding and public service delivery Final Report, Pg. 90 and Keegan Paul, pp. 5–6 London: NCVO 52 Henn, M. Weinstein, M. Forrest, S. (2005) 66 Department for Education and Skills 81 Cited in Office of the Third Sector (2006) ‘Uninterested youth? Young people’s (2005) Children’s Workforce Strategy: Press Release – Prime Minister sets out attitudes towards party politics in Britain’ Building a world-class workforce for 10-year vision for how government can Political Studies Vol. 53 Pp. 556 – 578. children, young people and families support a thriving third sector, 53 Youth Citizenship Commission (2009) – The Government’s response to the October 10, 2007 consultation; and Department for Making the connection – Building youth 82 Charity Commission (2004) CC9 – Education and Skills (2005) Common citizenship in the UK. Final Report of the Campaigning and Political Activities Core of Skills and Knowledge for the Youth Citizenship Commission by Charities Children’s Workforce 54 Norris, P. (2002) Democratic Phoenix: 83 Charity Commission (2007) Campaigning Reinventing Political Activism, 67 Benson, M. (2007) How to Involve and Political Activities by Charities – Cambridge: Cambridge University Press Children and Young People in Recruitment some questions and answers and Selection, Participation Works 55 Cotterell, J. (2007) Social Networks in 84 Advisory Group on Campaigning and the Youth and Adolescence 2nd Edition 68 Department for Education and Skills Voluntary Sector (2007) Final report of London: Routledge / Local Government Information Unit the Advisory Group on Campaigning and (2003) ‘If this were my child...’ A the Voluntary Sector 56 Jastrzab, J. (2007) Serving Country and councillor’s guide to being a good Community: A Longitudinal Study of corporate parent 85 Commission for the Compact (no date) Service in AmeriCorps Abt Associates Ltd Consultation and Policy Appraisal – 69 Franklin, B. (1986) ‘Children’s Political Compact Code of Good Practice, 57 Department for Children, Schools Rights’ in Franklin, B. (ed) The Rights of and Families (2009)The Roles and http://www.thecompact.org.uk/shared_ Children, Oxford: Basil Blackwell Ltd asp_files/GFSR.asp?NodeID=100320 Responsibilities of the Lead Member for pp. 47–48 Children’s Services and the Director of Children’s Services – Statutory Guidance

64 Listen and Change References 86 National Council for Voluntary 103 Marshall, K. (1997) Children’s Rights in 117 Department for Children, Schools Organisations (2007) The Compact the Balance: The Participation–Protection and Families (2010) Tellus4 National Advocacy Programme 2006/07 case report Debate, Edinburgh: The Stationery Survey Results Office, Pg. 16 86 People and Planet and Sheila 118 Ofsted (2007) TellUs2 Questionnaire McKechnie Foundation (2006) Barriers 104 Involve (2006) The True Costs of Summary Sheet to Campaigning: Survey of Voluntary Participation 119 Office of the Children’s Commissioner Organisations’ Attitudes to Campaigning 105 Lansdown, G. (2001) Promoting (2006) Press Release ‘Nearly half of and the Law Children’s Participation in Democratic young people feel they are not given 88 Hewitt, P. (1986) Foreword, in Franklin, Decision-Making, UNICEF Innocenti enough respect’ B. (ed). The Rights of Children, Oxford: Research Centre 120 Willow, C., Franklin, A. and Shaw, C. Basil Blackwell Ltd 106 Munro, E.R. (2008) ’Realising Children’s (2007) Meeting the obligations of the 89 Holt, J. (1974) Escape from childhood, Rights – progress, problems and Convention on the Rights of the Child in Harmondsworth: Penguin, pp. 18–19 prospects’ in Becker, M.S. and Schneider, England: Children and young people’s 90 Oldfield, C. and Fowler, C. (2004) J.N. (eds) Human Rights Issues in the messages to government 21st Century, New York: Nova Science Mapping Children and Young People’s 121 Information taken from unpublished Publishing Participation in England, Department for paper (2007) on Children’s Involvement Education and Skills, Pg. 59 107 Office for Public Management Ltd (2004) in Decision-making prepared by 91 Kirby, P., Lanyon, C., Cronin, K. and Review of the UK Youth Parliament Carolyne Willow for the Council of Europe Sinclair, R. (2003) Building a Culture Final Report Parliamentary Assembly’s Social, Health and Family Affairs Committee of Participation: Involving Children 108 Arnstein, Sherry R. ‘A Ladder of Citizen and Young People in Policy, Service Participation’, Journal of the American 122 Hart, D. and Thompson, C. (2009) Young Planning, Delivery and Evaluation, Institute of Planners, Vol. 35, No. 4, July People’s Participation in the Youth Justice National Children’s Bureau / PK Research 1969, pp. 216-224 System London: National Children’s Bureau Consultancy 109 Hart, R. (1992) Children’s Participation: 123 Department for Education and Skills (2004) 92 Reported on BBC (2007) On this day March From Tokenism to Citizenship, Innocenti Every Child Matters: Change for Children 23, 1991 – ‘Tories launch citizen charter’ Essays No. 4, UNICEF, Pg. 9 124 For more on an outcomes-based approach 93 Young Equals (2009) Making the case: why 110 Shier (2001).’Pathways to Participation: see McAuley, C. and Cleaver, D. (2006) children should be protected from age Openings, Opportunities and Improving Service Delivery – Introducing discrimination and how it can be done. Obligations. A new model for enhancing Outcomes-Based Accountability, London: Proposals for the Equality Bill. London: children’s participation in decision- Improvement and Development Agency Children’s Rights Alliance for England making, in line with Article 13.1 of the (IdeA); Utting, D., Rose, W. and Pugh, G. 94 Badham, B. and Wade, H. (2008) Hear UNCRC’, Children & Society, Vol. 15, pp. (2001) Better Results for Children, London: by Right standards framework for the 107–117 National Council of Voluntary Child Care Organisations participation of children and young 111 Treseder, P. (1997) Empowering people, Revised Edition 2008, The Children and Young People: promoting 125 See, for example, the Joint Committee National Youth Agency involvement in decision-Making, for Human Rights (2004) Children Bill 95 McGee, F. and Barn, G. (2007) Training Children’s Rights Office and Save the Nineteenth Report of Session 2003-04 for Change Emerging impact of the Children, Pg. 7 and Willow, C. (2007) ‘Children come first – children’s rights and the Children’s Ready Steady Change and other 112 Reddy, N. and K. Ratna (eds.) (2002) Plan’ in Willow, C. (ed) Advancing participation materials London: Children’s A Journey in Children’s Participation, Opportunity: Children, Human Rights and Rights Alliance for England The Concerned for Working Children Social Justice, The Smith Institute 96 Hart, R. A. (1992) Children’s (Bangalore, India) www.workingchild.org 126 Bradshaw, J. and Mayhew, E. (eds) Participation: From Tokenism to 113 Department for Children, Schools and (2005) The Well-being of Children in the Citizenship, Innocenti Essays No. 4, Families / HM Treasury (2007) Aiming UK (2nd Edition), Save the Children UNICEF, Pg. 6 High for Young People: A Ten-Year 97 Freeman, M. D. A. (1988) ‘Taking Strategy for Positive Activities 127 UNICEF (2007) Child Poverty in children’s rights seriously’, Children & Perspective: An Overview of Child Well- 114 Cited in Carnegie Young People Initiative Society, Vol. 1 (4), Pg. 304 Being in Rich Countries and National Youth Agency (2000) 98 Lowndes, V., Pratchett, L. and Stoker, G. Voices Unheard: Young People at the 128 See, for example: Detrick, S. (ed) (1992) (2006) CLEAR: An auditing tool for citizen Beginning of the 21st Century, Leicester: The United Nations Convention on the participation at the local level Youth Work Press Rights of the Child: A Guide to the “Travaux Préparatoires”, Dordrecht: 99 DfEE / Connexions (2001) Transforming 115 Berger, N. (1971) ‘The Child, the Law and Martinus Nijhoff & Kluwer Youth Work, Pg. 15 the State’ in Adams, P., Berg, L., Berger, 100 Personal Communication to author N., Duane, M., Neill, A. S. and Ollendorff, 129 Comments by Prime Minister Gordon from Jack Lewars, English Secondary R. Children’s Rights – Towards the Brown MP, House of Commons Hansard, Students’ Association Liberation of the Child, Wellingborough: July 3, 2007 Weatherby Woolnough Ltd, Pg. 179 101 Department for Education and Skills 130 Adapted from Jonsson, U. (2005) (2006) Youth Matters, Pg. 37 116 Committee on the Rights of the Child ‘A human rights-based approach to (2002) Concluding Observations of the programming’ in Gready, P. and Ensor, 102 Department for Children, Schools and Committee on the Rights of the Child: J. (eds) Reinventing Development? Families (2010) Youth Opportunity Fund United Kingdom of Great Britain & Translating Rights-Based Approaches and Youth Capital Fund: Year-end report Northern Ireland from Theory into Practice, London: Zed 2008–09 Books, Pg. 49

References Listen and Change 65 131 Youth Citizenship Commission (2009) Making the connection – building youth citizenship in the UK Final report of the Youth Citizenship Commission 132 Arnstein, S. R. (1971) ‘A ladder of citizen participation’ Journal of the Royal Town Planning Institute, Reproduced online: http://ntru.aiatsis.gov.au/ifamp/practice/ pdfs/Arnstein_1971.pdf 133 See: Children’s Rights Alliance for England (2005) Ready Steady Change and Willow, C. (2002) Participation in Practice: Children and Young People as Partners in Change Children’s Society 134 Children Act 2004, Section 2 (1) and Section 2 (11) 135 Comprehensive Area Assessment (2009) Framework document - Effective from 01 April 2009 136 Ofsted (2009) Comprehensive Area Assessment: assessing children’s services and adult learning

List of abbreviations and acronyms

APA ECHR LSP Annual performance assessment European Convention on Local strategic partnership Human Rights CAA NCVO Comprehensive area assessment EHRC National Council for Voluntary Equality and Human Rights Organisations CAFCASS Commission Children and Family Court NGO Advisory and Support Service HRA Non-governmental organisation Human Rights Act CPA PCT Comprehensive performance IPPR Primary care trust assessment Institute for Public Policy Research PSHEE CRAE IRO Personal, Social, Health and Children’s Rights Alliance for Independent Reviewing Officer Economic Education England JAR PWNE CRC Joint area review Participation Works Network United Nations Convention on the for England LAA Rights of the Child Local area agreement SCS DASS Sustainable community strategy LINks Director of Adult Social Services Local involvement networks SHA DCS Strategic health authority LM Director of Children’s Services Lead Member UNICEF United Nations Children’s Fund

66 Listen and Change References

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