State of Children's Rights in England - Review of UK Government's implementation of the Convention on the Rights of the Child 2008 - CRAE
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State of Children's Rights in England Review of UK Government's implementation of the Convention on the Rights of the Child – 2008
This report is an updated version of the the Rights of the Child. NCH
non-governmental (NGO) alternative report NSPCC
Action for Prisoners’ Families
submitted to the UN Committee on the Parenting UK
A National Voice
Rights of the Child in March 2008. We Phoenix Consultancy and Training Ltd
Action on Rights for Children
have endeavoured to include all significant Phoenix Education Trust
Alliance for Inclusive Education
legislative and policy developments up Play England
APPROACH Ltd.
to the beginning of November 2008. playtrain
Association of Lawyers for Children
The original report was produced by the Princess Royal Trust for Carers
Association of Panel Members
Children’s Rights Alliance for England Prison Reform Trust
Association of Youth Offending Team
(CRAE). A drafting committee was Public Law Project
Managers
established in 2007, with representatives Queer Youth Network
ATD Fourth World
from the following organisations: Race on the Agenda (ROTA)
Baby Milk Action
Refuge
• Action on Rights for Children (ARCH) Bail for Immigration Detainees
Refugee Council
• APPROACH Ltd. British Association for Community Child
Release
• Brook Health
Royal College of Nursing
• Child Poverty Action Group British Association of Social Workers
Royal College of Paediatrics and Child Health
• Children’s Rights Alliance for England British Humanist Association
Salford children’s rights service
• The Children’s Society British Youth Council
Save the Children UK
• ECPAT UK Brook
Scope
• Howard League for Penal Reform Bury St Edmunds Youth Council
Shelter
• Medical Foundation for the Care of Calcot Services for Children
Shout Out! Off The Record
Victims of Torture Campaign for State Education
SOLAR Centre, University of the West of
• Nacro Centre for Studies on Inclusive Education
England
• National Association for Youth Justice Child Dynamix
Southwark Community Care Forum
• National Children’s Bureau (NCB) Children and Armed Conflict Unit
Spurgeons
• National Society for the Prevention of Children North East
Standing Committee for Youth Justice
Cruelty to Children (NSPCC) Children’s Legal Centre
Stonewall
• Refuge Children’s research centre, Open University
Streetlegal
• Royal College of Paediatrics and Children’s Rights Alliance for England
Summerhill School
Child Health Children’s Rights Officers and Advocates
The BIG Bug Show
• Save the Children UK Childrenslinks
The British Institute of Human Rights
• UNICEF UK. Daycare Trust
The Children’s Society
ECPAT UK
A very large number of organisations and The Duke of Edinburgh’s Award
English Secondary Students’ Association
individuals individuals contributed to The Family and Parenting Institute
Fair Play for Children
the original report, often whilst working The Fostering Network
Families Need Fathers
under pressure trying to protect the The Medical Foundation for the Care of
fpa (Family Planning Association)
human rights of children. The investment Victims of Torture
Get Connected
into this report, by CRAE and others, The National Youth Agency
Headliners UK
shows how strongly we care about the The Who Cares? Trust
Howard League for Penal Reform
implementation of the Convention on the Tooks Chambers
The Children's Rights Alliance for England (CRAE) seeks the full Independent Academic Research Studies
Rights of the Child in our country. Triangle
implementation of the Convention on the Rights of the Child in Inquest
CRAE has supported children and young Trust for the Study of Adolescence
England. Our vision is of a society where the human rights of all Investing in Children
people to undertake their own children's UK Youth
children are recognised and realised. Jemmbarrio
rights investigation and a separate UK Youth Parliament
Jigsaw4u
CRAE protects the human rights of children by lobbying report was submitted by them to the UN UNICEF UK
KIDS
government and others who hold power, by bringing or Committee. The children's full report – Voice
Law Centres Federation
supporting test cases and by using national, regional and called ‘What do they know?’ – is being Woodcraft Folk
Lawyers for Young People
international human rights mechanisms. We provide free legal published alongside this one. Xpress Advocacy Service / SEAP
London Play
information and advice, raise awareness of children’s human Youth Access
Supporting organisations Mind
rights, and undertake research about children’s access to their Mouth That Roars In addition to the NGOs listed above,
The 102 non-governmental
rights. We mobilise others, including children and young Nacro several projects and groups working within
organisations listed below below
people, to take action to promote and protect children's National Association for Youth Justice statutory settings have endorsed this report.
supported the report to the UN
human rights. Each year we publish a review of the state of National Children’s Bureau (NCB)
Committee on the Rights of the Child
children's rights in England. National Council of Voluntary Child Care
prepared by the NGO (England) drafting
This report is an updated version of the comprehensive committee and co-ordinated by CRAE. Organisations
submission made by CRAE to the UN Committee on the Rights National Council of Voluntary Youth
Not all organisations work across all areas Services (NCVYS)
of the Child in March 2008. It is the sixth report in the series, the
of implementation of the Convention on National Youth Advocacy Service
first being published in 2003.
Page i
Contents (Contents)
Overview v Ministers fail to ban discriminatory ‘mosquito anti-social device’ 15
Serious erosion of children’s right to privacy 15
General measures 1 Schools given wider powers to punish behaviour 17
Overall picture: still a very unequal society 1 Lack of protection from harmful media 18
Immigration reservation 1 Child death reviews not meeting full human rights requirements 18
Detention with adults’ reservation 1 Corporal punishment not prohibited in all settings 19
Convention not incorporated into UK law 2 No national strategy to end all violence against children 20
No co-ordinating body within government 3 No overall prevalence data on violence against children 20
Children’s Commissioner legislation does not meet Paris Principles 3 Inadequate support for young witnesses 20
International aid still lower than UN target agreed in 1970 4 Youth Justice Board’s failure to protect vulnerable children 20
Marked differences across UK in political engagement with Convention 4 Painful “distraction” techniques in secure training centres 21
Children’s access to justice is worsening 4 Children injured following restraint in custody 21
Lack of dissemination of the Convention 4 Tear gas used on children in custody 21
Limited dissemination of periodic report 5 Very small proportion of abused children seek help from statutory agencies 22
Lack of confidential assistance 22
Definition of the child 6 Young carers not receiving adequate support 22
Incoherent minimum age requirements 6 Punishment for genuinely consensual sexual behaviour 22
General principles 7 Family environment and alternative care 23
Unequal enjoyment of rights 7 Child’s right to family contact not adequately protected 23
Age discrimination 7 Penalties on parents – for whose benefit? 23
Discrimination faced by lesbian, gay and bisexual young people 8 High numbers of black children and children with special educational needs in care 24
Discrimination in school admissions 8 Inadequate legal protection and services for looked-after children 24
Discrimination faced by gypsy and Roma children 8 Unequal protection for children in private foster care 24
Children’s best interests not consistently reflected in legislation 8 Inadequate children’s services in refuge accommodation 24
Children’s best interests not considered when sentencing parents 9
Parents imprisoned and fined for children not attending school 9 Basic health and welfare 25
Teenagers to be penalised for not taking up “right” to education 9 Discriminatory treatment of disabled children 25
Other penalties on parents 10 Health inequalities are growing 25
Inequalities in infant mortality rates 10 Children in England suffering from undernutrition 25
Large gap in life expectancy 10 Failure to ban advertising of formula milk 25
Up to two child homicides every week 10 Unequal access to health services 26
Child deaths in custody 11 Insufficient health visitors and school nurses 26
Taser guns now being used 11 Child and adolescent mental health services and appropriate hospital care 26
High incidence of self-harm among children 11 Sex and relationships education not part of statutory school curriculum 27
Disabled children’s right to communication not prioritised 12 Parents can remove children from sex education (unless part of science) 27
Limited student choice and decision-making 12 Over a third of the UK’s children living in poverty 27
Not all children heard in family proceedings 12 Inadequate benefit levels and discretionary social fund 28
Safe contact and the child’s wishes and feelings 12 Poor housing conditions 28
Independent advocacy not widely available 12 Teenagers in bed and breakfast accommodation 28
Child’s wishes and feelings in child protection investigations 13 Poor pay more for utilities 28
Lack of consistent and effective complaints procedures 13
No right for a child to veto adoption, or to be informed that they are adopted 13 Education, leisure and cultural activities 30
Not all children can enjoy right to education 30
Civil rights and freedoms 14 Raising the school leaving age 30
Violation of disabled children’s right to family life 14 Continuing high level of school exclusions 31
Inadequate right to information about identity or parents 14 Testing is making children unhappy 32
Police given more powers to move children off the streets 14 Why is bullying a common childhood experience? 32
Excluded children prohibited from being in public 15 Concerns about academies and faith schools 32
Anti-terrorism legislation increases police powers to stop and search 15 Right to play, rest and leisure 33
Page ii Contents Contents Page iii
(Contents) Overview
Special protection measures 34 This report has been compiled by the Children’s Rights • there were 325 child homicides (children aged under-16)
Immigration reservation 34 Alliance for England (CRAE) and is based upon the between 2002 and 2007; of these, 36% of children were
Immigration control takes priority over children’s best interests 34 submission made to the UN Committee on the Rights of aged less than 12 months and 63% aged less than 5 years
No guardianship for separated children 35 the Child in March 2008. The submission, with its 152
• a third of children (30%) in the UK live in poverty, and in
Entering UK without documentation 35 recommendations, was endorsed by over 100 NGOs in
some places this rises to half
England. At least 100 of the recommendations require
Age disputes 35
urgent action. Children and young people from CRAE’s • in the past five years, 110 children in England were
Lack of adequate safeguarding for separated children 36
Get ready for Geneva project made their own separate admitted to hospital with a primary diagnosis of
Immigration detention 37
submission, with 14 main recommendations. The full report undernutrition not related to any eating disorder
Unacceptable conditions in immigration detention 38
from that investigation is being published alongside this one. • according to the parliamentary Joint Committee on
Alternatives to detention – not real alternatives 39
Discriminatory benefit entitlements and health care for asylum seeking families 39 There have been some significant improvements to children's Human Rights (JCHR), the Government has a policy of
Deliberate policy of destitution for asylum seekers 39 rights since the last examination in 2002. New legislation deliberate destitution for failed asylum seeking families.
Asylum determination process 40 requires local authorities to reduce inequalities among
young children; equality legislation has been extended,
Children in conflict with the law
‘Profound inequality’ of gypsy and traveller children 40 The UN Committee expressed very strong concerns about
Discriminatory minimum wage 41 including for disabled children and lesbian and gay young
the treatment of children in conflict with the law in 1995,
Failure to ratify optional protocol and other international instruments 41 people; and the Government continues to emphasise
2002 and during the recent examination. Indeed, the UN
Inadequate protection from trafficking 41 children’s right to be heard and taken seriously. Of particular
Committee asked the UK delegation nearly 20 questions
Children going missing from local authority care 41 note is the provision in the Education and Skills Bill, inserted
relating to juvenile justice, during its hearing in Geneva on
Immigration control takes priority over protecting trafficked children 42 following the UN examination, requiring the governing
23 September 2008. Other human rights bodies have echoed
bodies of all maintained schools to invite and consider the
Children involved in armed conflict 42 the UN Committee's concerns.
views of children. This is major progress. Child protection
Juvenile justice system is harming children 42
legislation has in some respects been strengthened, and There has been no increase in the age of criminal
Very low age of criminal responsibility 42
the strong commitment continues to end child poverty and responsibility (10 years in England), numbers of children held
Too many children entering criminal justice system 42
tackle health and educational inequalities. Gordon Brown's in prison custody have risen each year since 2003, and there
Anti-social behaviour and other related orders 43 has been no review of the impact on children of the Crime
promise to legislate to end child poverty is very welcome.
Children tried as adults 43 and Disorder Act 1998.
Children now have their own cabinet minister (sharing
Detention not used as a last resort 44
him with schools and families) who, among other things, Since the last examination in September 2002, six more
Indeterminate and extended detention 45 advocates their right to play and take risks. A national play
Children on remand still held in custody 45 children have died in custody, taking the total number of
strategy is expected ‘shortly', and local councils are now child deaths since 1990 to 30. There has not been a single
Vulnerable children and self-harm in custody 45 under a duty to secure, as part of primary and secondary
Very high levels of restraint in child custody 45 public inquiry into a child’s death in custody.
education provision, access to ‘adequate facilities for
Widespread criticism of conditions in child custody 46 recreation and social and physical training’ for under 13 Coroners’ inquests into the deaths of two children who
Inadequate response from government 47 year-olds, as well as leisure-time activities and facilities for died in restraint-related incidents in secure training centres
Independent advocacy and complaints 47 teenagers. The UK has agreed to lift its treaty reservation (privately run prisons for children as young as 12) were held
Education and rehabilitation 48 relating to immigration and nationality, hopefully signalling in 2007. These, and a host of parliamentary questions and
Failure to provide therapeutic support for abused children 48 its intention to considerably improve its treatment of asylum disclosures under the Freedom of Information Act, brought
seeking children. The 10-year Children’s Plan, published by information into the public domain that we must assume
Annex A:
49 Ed Balls in December 2007, makes positive reference to the was already known by ministers and senior prison officials.
Summary of legislation passed between September 2002 and October 2008 that in part Convention on the Rights of the Child in an annex. This includes:
breaches the rights in the Convention on the Rights of the Child
Yet still this is not a country where every child can enjoy • children deliberately, and routinely, hit on the nose as a
their human rights and reach their maximum potential: means of restraint
Annex B: 54
What children say about prison • we have the fourth richest economy and the second worst • children resuscitated with oxygen following restraint
infant mortality rate of the 24 wealthiest countries in the
• children handcuffed in custody
Annex C: 55 world
CRAE recommendations • there is a difference of nearly 14 years in the average • children being restrained in order to carry out strip-
life expectancy of children born into the best and searches (and having their clothes cut off)
Annex D: 63 worst circumstances • staff glorifying their violence by giving each other
UN Committee on the Rights of the Child’s concluding observations on the UK, October 2008 nicknames like “mauler” and “crusher”
• in our capital city alone, poverty is the cause of death of
41 babies each year • surveys of children in custody revealing high levels of
References 75
victimisation from staff as well as other children.
Page iv Contents Overview Page v
In March 2008, the JHCR published its report of an of major injuries includes: ‘serious cuts, fractures, loss of their benefits would be stopped. Equally scant information protection, yet ministers claim no further action is necessary.
inquiry into the use of restraint in secure training centres. consciousness and damage to internal organs’. More recent was given to the people who should have been able to In October 2008, the children's minister Beverley Hughes
The report makes 30+ recommendations and includes a information disclosed in parliament shows that two children support these families – lawyers and support workers. published an ‘article defending the Government's position
harrowing account of the death following restraint of 15 held in young offender institutions were taken to hospital as Children in the centre were scared and confused, many on smacking' which concentrated on the needs of parents.
year-old Gareth Myatt. Gareth was sent to his room because a result of injuries caused through restraint between 1 April of them refused to eat, became ill and behaved badly at The minister summed up, ‘What the vast majority of parents
he refused to clean a sandwich toaster (others had used 2007 and 31 January 2008. school. Families eventually left the pilot – and were labelled need is not a change in the law but support and advice so
it before him). Two members of staff then entered his “absconders” by the Government. that they can do their very best for their children'. Imagine
In her annual report for 2006/07 (published January 2008),
room and Gareth told them to get out. The staff members such a document being issued to defend violence against
the Chief Inspector of Prisons noted improvements in the The benefit rate for asylum seeking parents is 30% lower
removed items from Gareth’s room because they said he women or people with dementia; it would not happen in the
care of children in young offender institutions, especially in than it is for other parents. Asylum seekers are not allowed
was not calming down. Gareth is said to have become 21st century.
relation to girls, but explained, ‘A particular concern during to work for the first 12 months of their stay in the UK; and
angry when they took a piece of paper with his mother’s
the year has been the use of adult models of control, and local authorities too often shun their legal obligations to In 2002 the UN Committee urged the UK ‘as a matter of
new mobile phone number on it. Three members of staff
the failure to balance security with the care of troubled and separated children. The Refugee Council has documented urgency’ to remove this defence, but this is one of many
restrained him on his bed. When Gareth said he couldn’t
troublesome young people. All children and young people cases of young women being threatened with bills and recommendations that have been ignored. In addition, nearly
breathe, he was told, ‘If you’re shouting you can breathe’.
continue to be routinely strip-searched on entry to prison, bailiffs for maternity costs: access to free secondary health 30 pieces of legislation have been introduced in England
The restraint did not stop even when Gareth said he was
despite the prevalence of previous abuse: five out of eight care was removed from failed asylum seekers in 2004. In since September 2002 that in part breach the Convention
going to defecate, which he did. These were Gareth’s final
girls in one establishment had a recorded history of sexual April 2008, the High Court found the discriminatory rules (see Annex A).
words. He was physically sick and then became unconscious.
abuse. Prison Service guidance on the use of force does to be unlawful in not stating that refused asylum seekers
The Youth Justice Board (YJB) suspended this restraint The UN Committee in 2002 said it remained ‘concerned at the
not distinguish adequately between children and adults, can be considered to be ordinarily resident in the UK. As a
method nearly seven weeks later. The inquest in 2007 heard lack of a rights-based approach to policy development and
or take into account child protection considerations. We consequence, refused asylum seekers may now receive free
that one of the members of staff restraining Gareth when he at the fact that the Convention has not been recognized as
continued to come across strip-searching under restraint, treatment. However, the Government has appealed against
died had been investigated the previous year, after a boy the appropriate framework for the development of strategies
and the use of strip-clothing and special cells for young the ruling (due to be heard on 17 and 18 November in the
needed hospital treatment when he began to choke while at all levels of government throughout the State party’. It
people at risk of self-harm’. The Chief Inspector observed Court of Appeal).
being restrained. recommended the incorporation of the Convention into UK
that child protection had generally ‘developed well’ though
Children’s civil rights law, the creation of a government co-ordinating body for the
The Government's response to the JCHR report was reported that Criminal Record Bureau checks were not
The civil rights of all children have been eroded since the implementation of the Convention and the publication of a
published in July 2008. On the Committee's criticism of obtained consistently for prison staff: ‘in three juvenile
last examination by the UN Committee, with plans for national children's rights implementation plan. All of these
the Government's ‘apparent lack of respect' for the UN establishments at least half the staff were not cleared, and
a national electronic database of all 11 million children. recommendations have been repeated in the 2008 concluding
Committee's interpretation of international law contained in only in one did we find retrospective checks taking place. The
Another database will keep records of children using social observations. Furthermore, despite hopeful signs in the
its general comments, ministers David Hanson and Beverley management of vulnerable children and young people was
care services (estimated at between 30 and 50% of the total Children's Plan, recent debates in parliament show there
Hughes responded: rarely well developed.’ She concluded, ‘In some establishments,
child population). has been little genuine movement towards a rights-based
the basic needs of children were not properly met: there was
In common with all States Parties, it is for us to interpret approach. Cross-party Peers sought to add the Convention
insufficient fresh air and exercise, poor access to showers, and Local councils have powers to disperse groups of children (as
the UNCRC articles within the context of the UK, but into a new statutory duty on Secretaries of State to promote
little association’. well as adults) and the police can remove children from the
we greatly value the opinions and guidance of the UN the well-being of children in England. The Minister, Lord
Committee in doing so. The UN Committee is not a judicial The UK Government’s report to the UN Committee says streets after 9pm. Adonis, rejected these attempts, stating:
body and its comments are not, and should not be seen as, that each child in custody has access to an independent Schools have much wider powers to punish the behaviour of … the UK has an obligation under international law
binding on signatory states. advocate. What the report doesn’t say is that most children children, including for actions away from the school building. to ensure that the rights set out in the Convention are
do not get to spend sufficient time with an advocate. The Extended powers of restraint, as well as the growth in
The ministers also sought to justify the Government's given effect. This obligation does not rely on any specific
majority of children know how to make a complaint in cameras, electronic tracking and body searching are changing
continuing refusal to make publicly available the Physical provision in domestic legislation, but exists entirely
prison, but few believe complaints will be sorted fairly. the culture of schools in our country. At the same time,
Control in Care (PCC) manual, showing the variety of independently. In practice, UK law often goes further than
restraint techniques in use in secure training centres: Recent prison inspections and parliamentary questions reveal: teaching unions point out that children in England are the the convention requires, as the description of child’s rights
most tested in the world, with children taking about 70 exams in the UNCRC is set out in very broad terms… in keeping
In deciding whether details of the PCC techniques can • most children do not get more than two visits a month and tests by the time they reach 16. An Ofsted (the education with the UK’s approach to implementation at large, we do
safely be disclosed, the Government needs to have regard from their family and friends and children’s services inspectorate) survey in 2007 of nearly it through the totality of our activity rather than through
to the possibility that the techniques might be attempted 150,000 school children found that 57% worried about exams
• growing boys usually have less than an hour of outdoor individual legislative provisions, and we would not wish to
and misused by people who are neither authorised to use and nearly one in 10 (7%) never enjoys school.
exercise a day depart from that established practice.
them nor trained in their use. Placing the entire Manual
in the public domain would greatly increase the risk of • one in 10 children in custody is a parent themselves. Parents must keep children indoors for the first five days In the Commons, in June 2008, the children's minister
that occurring. following school exclusion (even a trip to a museum or theatre Beverley Hughes dismissed incorporation as ‘a completely
Children seeking asylum is not permitted). Sanctions are being introduced for 16 and 17 fruitless task’.
CRAE made a Freedom of Information request for a copy of the Our report shows the discriminatory treatment of asylum year-olds who do not take up their “right” to education.
manual in May 2007. Following the YJB's refusal to disclose the seeking families and separated children, not least in the Notwithstanding this disappointing setback, there are big
full contents of the manual, we submitted a complaint to the continued use of immigration removal centres (detention). In October 2007, the Government announced the results opportunities ahead to increase protection for children’s
Information Commissioner (outcome awaited). of its review into the impact of section 58 of the Children human rights, notably in the forthcoming consolidation
The “alternatives to detention" pilot in Kent has been Act 2004, which removed the defence of “reasonable and, we hope, the strengthening of discrimination law
A parliamentary question answered at the end of February suspended. Research undertaken by The Children’s Society chastisement” for actual bodily harm, grievous bodily harm, and in the promised British Bill of Rights. Ministers told
2008 reveals that there were 145 minor injuries and 8 major with some of the families found that they had not been wounding or ill treatment but introduced the “reasonable CRAE in the summer that children would be ‘at the heart
injuries to children following restraint in custody between told why they were being sent to Millbank and they were punishment” defence for common assault. Only 1% of of' the Bill of Rights. The new Equality and Human Rights
April and December 2007. The Government’s definition threatened if they did not enter the hostel within 14 days respondents said that the 2004 Act had increased child Commission has the potential to make a significant impact
Page vi Overview Overview Page viion public awareness and respect for the human rights of
the young. England’s Children’s Commissioner, appointed
in 2005, continues to challenge harmful attitudes and
General measures of implementation
treatment, in spite of his inadequate legal mandate and weak Articles 4, 42 and 44, paragraph 6
independence. We very much welcome the examination of the
UK by the UN Committee on the Rights of the Child, and we
will do all we can to ensure this process brings real change The UK Government’s report to the UN Article 4
for all of England’s 11 million children. This includes pressing Committee, July 2007 Overall picture: still a very unequal society
the Government to publish a written response to the UN The Government’s report shows a profound lack of engagement
The UK is not undertaking ‘all appropriate legislative,
Committee's 2008 concluding observations, with its reply to with the spirit and requirements of the UN Convention on the Rights
administrative and other measures’ as required by Article 4
each of the 124 recommendations relating to the Convention of the Child by ministers and officials in England. While there have
of the Convention:
generally and to each of the 33 additional recommendations been some positive developments since the UK submitted its report
in July 2007, we still do not have a government that embraces ➔ nearly a third (3.9 million) of children live in poverty in the
concerning the optional protocol on armed conflict. On 14
the Convention as the tool to transform children’s lives. The UK1a; in some areas of Britain this rises to more than half2
October 2008, the children's minister Beverley Hughes in a
Government’s report shows very little enthusiasm for children’s rights.
parliamentary written answer said: ➔ a total of 1.3 million children in the UK live in severe poverty3
The statement ‘Children across the UK are achieving more and
… we will give the UN Committee's recommendations the ➔ the UK has the second worst death rate for under-fives
families are better off than before’ sums up this Government’s
careful consideration they deserve. Later this year we of the 24 wealthiest countries in the world and this
strong focus on education and employment. While both are
will report on progress against the commitments in the figure is linked directly to inequality.4 In London alone,
critically important there is much more to childhood than
Children's Plan, published in December 2007, including socioeconomic inequalities cause the deaths of 41 babies
achieving at school and being prepared for work, as the
our ambitions and strategies to tackle many of the issues Convention demonstrates. each year5
the UN Committee has highlighted. ➔ the difference in life expectancy between the richest and
Claims that the interests and rights of asylum seeking children
CRAE and its members will hold the Government to this are ‘fully respected’ are misleading. Policy and practice in this poorest in our very affluent country is almost 14 years
promise, whilst increasing our efforts to push for effective area continues to be discriminatory: as a recent Barnardo's report ➔ 79,500 children were living in temporary accommodation
Government action on all aspects of children's rights. Children explains, ‘The overall effect of asylum legislation [over the past in England in December 2007, and in the first quarter of
cannot wait. 15 years] has been to make it more difficult for families with 2008 150 families with children or pregnant women were
children to have decent, or even tolerable lives. Children are living in bed and breakfast accommodation in England6
living in increasing poverty and insecurity.’1 The Government
states that these children have the same protection as other ➔ 70 children in England were brought into care (looked-
Children’s Rights Alliance for England children under the Human Rights Act but fails to mention after) in the year ending 31 March 2008 primarily because
November 2008 that high quality lawyers are increasingly hard to find and it is of low income, bringing the total to 450 since 20027
incredibly difficult for all children, let alone the most vulnerable, ➔ recent analysis shows that more than four in 10 young
to seek legal remedy for breach of their human rights. people from the richest 20% of households obtained a
We welcome the acknowledgement of wide ‘gaps between degree in 2002, compared with just one in 10 of young
outcomes’, but object to the reference in this section to people from the poorest 20% of households. Social mobility
‘young people’s preparedness to take health risks with in the UK is no better now than it was in the 1970s.8
underage drinking and early sexual experiences’. As our report
demonstrates, NGOs have grave concerns about many aspects Immigration reservation
of children’s rights in England, from deaths and mistreatment The UK Government announced a review of its immigration
in custody and violence in the home, to the failure of reservation on 14 January 20089 and there was a question
government to sufficiently protect the rights of particular in the Border and Immigration Agency’s consultation on its
groups of children subject to discrimination, including gypsy, code of practice on children’s safeguarding in immigration.10
Roma and traveller children; disabled children; and asylum Following media speculation over the previous weekend, the
seeking children. Addressing the risky behaviour of children Home Secretary, Justice Secretary and Children's Secretary
is an important part of protecting their human rights but confirmed the day before the UK examination began in Geneva,
this reporting process, and this section of the UK’s report in on 22 September 2008, that the reservation would be lifted.10a
particular, should be about scrutinising the Government actions The news came nearly four years after Ministers said they
that help or hinder the enjoyment of human rights, not the would remove a similar reservation to the Convention on the
behaviour of individual children or their families. Elimination of All Forms of Discrimination against Women.
In February 2007, the Government was asked in parliament Detention with adults’ reservation
whether its Cabinet sub-Committee on Children’s Policy Ministers confirmed on 22 September 2008 that the article
had discussed the UNCRC, or the UN Committee’s 2002 37c reservation would be lifted.10b In the Department
concluding observations. The minister, Lord Adonis, for Children, Schools and Families' press release, Justice
responded: ‘Information relating to the proceedings of Cabinet Secretary Jack Straw claimed ‘Since [1999] we have set up a
committees is generally not disclosed, as to do so could harm separate estate for boys and transformed provision for girls,
the frankness and candour of internal discussion.’ a process which involved building new units for 17-year-old
House of Commons written answer, 28 February 2007 girls and separate mother and baby facilities for under-18s.
Page viii Overview General measures of implementation Page 1It is a major achievement.’ However, the Chief Inspector of for example in relation to certain provisions in the UN The Children Act 2004 requires each of England’s 150 been produced on the Plan for a range of professionals
Prisons reported in 2006 that some girls were still mixing Convention on the Rights of the Child. authorities regulating children’s services to promote working with children and young people, including:
with adults in prisons.11 This is undoubtedly a consequence cooperation between local agencies ‘with a view to improving
The JCHR says that one of the principal purposes of any • The Children’s Plan for children’s social work and social care
of building units for girls in the grounds of women’s the well-being of children in the authority’s area so far as
new Bill of Rights should be to strengthen legal protection workforce and leaders
prisons. Indeed, an inspection of the Mary Carpenter Unit relating to: (a) physical and mental health and emotional
of Eastwood Park young offender institution in May 2007 of the rights of vulnerable and marginalised people, such • The Children’s Plan for early years practitioners and leaders
well-being; (b) protection from harm and neglect; (c)
revealed that 17 year-old girls attend “corporate worship” as children in custody, and emphasises the importance of
education, training and recreation; (d) the contribution made • The Children’s Plan for primary and community health
with adult prisoners and some girls have received support consulting children on the proposals:
by them to society; and (e) social and economic well-being’. practitioners and leaders
from women prisoners of the same nationality. Furthermore, We heard convincing arguments from the Children’s Rights These aspects of well-being are known as the “five outcomes”.
girls use the main prison's physical education, health care • The Children’s Plan for school and college staff
Alliance for England that children should be involved in any The parliamentary Joint Committee on Human Rights
and library facilities, though at different times to women.11a consultation on a UK Bill of Rights … A number of different • The Children’s Plan for those working with young people.
described the five outcomes as ‘vague and generalised’
There were 35 children within families held in immigration processes may need to be run in tandem, with particular when it tried to persuade the Government to give England’s None of these information sheets mentions children's rights or
detention solely under Immigration Act powers on 29 March methods being used to target specifically harder to reach groups. Children’s Commissioner a broader children’s rights focus.15 the Convention.15b
2008 (latest available figures); 20 of these had been held for A prominent Law lord, Baroness Hale of Richmond, told the The 2004 Act does not give children rights that can be
The Department for Children, Schools and Families' first
more than 28 days.12 In May 2006, the Chief Inspector of JCHR that children's rights was one of the first items on her tested in court, while public service agreements and
annual report, published in May 2008, does not mention the
Prisons interviewed 13 children in detention. Of these, eight ‘shopping list’: children’s services inspection criteria neither add up to a
Convention on the Rights of the Child.15c There is no explicit
said they were frightened or worried and nine children had comprehensive implementation plan for the Convention on
There is virtually nothing in the ECHR about children. The reference to any of the articles or provisions of the Convention
been ill since being detained. the Rights of the Child, nor promote the general principles
UK is party to the UN Convention on the Rights of the in the revised Every Child Matters outcomes, published in
of the Convention.
When asked what made them unhappy, a 13 year-old April 2008. Furthermore, the 16 statutory targets that local
Child and there are aspects of that Convention which could,
responded: ‘Little kids crying too much. You don’t feel like The Government’s report notes that the five outcomes reflect authorities must follow all relate to education. In addition
it seems to me, be with profit put into any British Bill of
doing anything and it all comes back what happened to you.’ children’s own priorities. This implies that children were to these targets, local authorities must choose 35 from a list
Rights; better to accord with our existing international
A 10 year-old explained: ‘The officers are tall and scary - their consulted openly and were even able to set the agenda. of 199 national indicators (each with its own measure and
obligations and with our understanding of children and
shoes are big and noisy.’13 During interviews carried out in In reality, children were given a pre-set agenda and asked monitoring framework). Only four of these national indicators
what they should have.14a
February 2008, eight children aged between 10 and 15 years to indicate their support. Interestingly, children indicated are monitored through a qualitative survey with children and
described what they least like about being held in detention, The Department for Children, Schools and Families (DCSF) support for the sixth outcome proposed at the time, relating much of the other data collection excludes children.
including loss of freedom, the roll count and staff swinging leads many aspects of children’s policy in England but shares to inclusion and non-discrimination. Though present in the
their keys at night. Children were asked to describe one thing key policy areas with other government departments, notably 2001 draft national children’s strategy, it was missing from No co-ordinating body within government
they would most change at the centre. Three children said poverty, health and juvenile justice. Immigration and asylum the Every Child Matters Green Paper, published in 2003, and for Convention implementation
they would change the food; two said they would release policy relating to children remains with the Home Office’s not included in the Children Act 2004. There is still no co-ordinating body within government
everybody; two wanted improved education; one would have Border and Immigration Agency. For the past few years, Every for the implementation of the Convention. There is only a
nicer staff that speak more slowly; and another would change In 2002, the UN Committee welcomed the Government’s very limited “rights-proofing” process, whereby ministers
Child Matters has been the guiding framework for the DCSF
the rules governing access to the Internet.13a draft national children’s strategy but urged greater integration and officials scrutinise proposed law and policy for its
(and the Department for Education and Skills before it),
of the Convention in the final document. The head of the compatibility with human rights standards (currently this
There is another group of children that is routinely detained with virtually no attention to the Convention on the Rights
Government’s delegation, Althea Efunshile, who was director process only encompasses the European Convention on
with adults – children serving in the armed forces. Between of the Child. There is some reference to the Convention in
of the Children and Young People’s Unit at that time, sought Human Rights).16 There is no distinct analysis or monitoring
April 2003 and end March 2008, 46 children (42 boys; 4 the Children’s Plan, published in December 2007, but no
to reassure Committee members that this would happen: of expenditure on children. There are concerns that the
girls) were detained with adults at the Military Corrective indication (yet) that the treaty’s detailed obligations are
guiding government policy in any significant way. Indeed, the We do… agree that we can do more to commit ourselves to a Children's Commissioner sponsorship and UNCRC team
Training Centre in Colchester.13b
Government has rejected attempts to include the Convention vision encompassing the overall approach of the Convention in the Department for Children, Schools and Families is
Convention on the Rights of the Child in the statutory framework of ministers, stating that the and that is why…[the forthcoming children’s] strategy will… to be disbanded now that the UK has reported to the UN
Committee. The team's name was changed in September
has not been incorporated into UK law Convention exists ‘entirely independently’ of domestic be firmly linked to obligations under the UN Convention on
2007 to include an explicit reference to the Convention on
In 2002, the UN Committee welcomed the Human Rights legislation.14b During Committee debates on the Children the Rights of the Child (our emphasis).15a
and Young Persons Bill, in June 2008, children's minister the Rights of the Child, having been previously called the
Act 1998 but was concerned ‘that the provisions and The Children and Young People’s Unit was disbanded and
Beverley Hughes referred to incorporation of the Convention ‘Children's views and interests team’.16a
principles of the Convention on the Rights of the Child replaced by the Children, Young People’s and Families
as ‘a completely fruitless task’:
- which are much broader than those contained in the Directorate in the Department for Education and Skills in Children’s Commissioner legislation does
European Convention - have not yet been incorporated’. It autumn 2003, which itself was replaced in June 2007 by the not meet Paris Principles
… what matters most is giving children that good experience
recommended that the UK incorporate the Convention into new Department for Children, Schools and Families. The draft The function of England’s Children’s Commissioner,
of childhood and having a Government who progressively
domestic law. This has not happened, though there could be national children’s strategy discussed by the UN Committee appointed in March 2005, is narrowly to ‘promote
want to go further to promote the well-being of children,
a significant opportunity to do this with the development of rather than conforming by referring to the convention in 2002 was never finalised, though a 10-year Children’s Plan awareness of the views and interests of children’. The
a British Bill of Rights.14 In August 2008, the parliamentary in every single piece of legislation or going through the for England was published in December 2007 (see above). legislation does not comply with the UN Paris Principles17
Joint Committee on Human Rights (JCHR) issued its report arduous process of incorporating it all together in one big A series of documents has followed the publication of the or the UN Committee's General Comment no. 217a:
on a Bill of Rights, noting the ‘strong case’ for increased piece of legislation, which would frankly be a completely Children's Plan. This includes ‘Building brighter futures: next the Children’s Commissioner does not have an open
human rights protection for children. The Committee fruitless task.14c steps for the children’s workforce’ (April 2008). This document mandate; his independence is seriously compromised
sums up: sets out the Government's ambitions for everyone that works (for example, he must consult the Government before
More positively, in July 2008 ministers told CRAE that with children and young people. Respect for children's rights establishing an inquiry); and the role is not to promote
We … have called on the Government to incorporate into UK children would be ‘at the heart of’ the British Bill of Rights is not included in the main text, though it is included when and protect children’s human rights. The Government’s
law provisions in human rights treaties where, in our view, and provisions would be based upon the general principles reporting on consultations with children and young people explanatory notes accompanying the legislation describe
the protection offered by our national law is inadequate, of the Convention. about what is important to them. Information sheets have the role as simply being ‘to ensure a voice for children and
Page 2 General measures of implementation General measures of implementation Page 3young people at national level’, with no mention of the Children’s access to justice is worsening Department does not collect information about the numbers
Convention.18 We welcome the creation of the Equality and There is mounting evidence that children cannot get the of schools involved in RRR.26
Human Rights Commission, which opened for business in advice they need from the civil justice system to claim their The Government refers in its July 2007 report to a new
October 2007, whose function, powers and independence rights. Research by Youth Access with the Legal Services website for five to 11 year-olds, launched in April 2007. The
are much more compliant with the Paris Principles. Research Centre reveals that the majority of young people website glosses over human rights challenges in our country.
who have complex problems are far more likely to have tried For example, in the first of three exercises teachers are
International aid still lower than UN and failed to get advice than adults.21 Many experience urged to invite children to talk in pairs about their bedroom
target agreed in 1970 health problems or become homeless as a result of their and then to: ‘Explain to the children that they are very
The Government expects to meet the international goal of unmet needs.22 Ongoing reforms to the legal aid system lucky living in the United Kingdom to all have such lovely
0.7% gross national income (GNI) to official development in England and Wales is making working with vulnerable bedrooms. They are also very lucky to have lots of other
assistance by 2013. In 2006, the UK gave 0.51% of its GNI to children uneconomic and forcing many of the specialist things, such as an education, clean water and parks to play
official development assistance and in 2002 it gave 0.31%.19 lawyers and advisers to abandon legal aid work.23 in, and that some children who live in other countries don’t
Marked differences across the UK in political Article 42
have some of the things that we take for granted’.
willingness to embrace the Convention There are no general training programmes developed on
The UK Government’s report to the UN Commitee seeks to Lack of dissemination of the Convention the Convention for professionals, although the Children’s
use devolution as a smokescreen for the lack of progress There has been virtually no dissemination of the Convention Rights Alliance for England (CRAE) was commissioned by
in England (and UK-wide) on the implementation of on the Rights of the Child to children or adults. More the Government in 2004 to develop Ready Steady Change,
the Convention. We consider the different approaches than three-quarters of 11 to 16 year-olds who took part a training and tools package on children’s participation
to implementation reflect degrees of political will and in an Ipsos MORI survey for the Office of the Children’s rights. The alliance received funding in 2005 and 2006
engagement rather than any differences in the needs Commissioner in 2006 were unaware of the Convention.24 to disseminate the materials. More recently, CRAE drafted
of children. We note the UN Committee’s expectation The national curriculum, introduced in 1988, still does not children's rights lesson plans for a key stage 3 citizenship
that ‘decentralization or devolution [should] not lead to include education about the Convention. education resource on human rights produced by the British
discrimination in the enjoyment of rights by children in Institute of Human Rights and the Ministry of Justice
In December 2006, the Government was asked in parliament
different regions’.20 (published July 2008).26a
to describe how it disseminates the Convention. The
Minister, Lord Adonis, explained that information is held
Ministers from Wales and Northern Ireland on three government websites (Department for Children,
Article 44(6)
asked to attend Geneva examination Schools and Families, Directgov and the Foreign and Limited dissemination of periodic report
A parliamentary question not answered until after the Commonwealth Office). When asked about wider public The Government did not issue a press release when it
Geneva examination reveals that Ministers from the devolved dissemination, he replied: submitted its third and fourth joint periodic report to the
administrations expressed an interest in attending the UK The department does not disseminate information to UN Committee in July 2007, and it received very little
examination but Ed Balls, the Children's Secretary, opted to schools, health centres, hospitals, courts, job centres, media attention. Its report is available on the Strategy and
send only civil servants. post offices, libraries and other similar establishments. Governance area of the Department for Children, Schools
Annette Brooke: To ask the Secretary of State for Children, However, there are opportunities within citizenship and Families Every Child Matters micro-site. No reference
Schools and Families which Ministers from the devolved education to learn about human rights and how they relate to the Government’s joint report, the Convention, children’s
administrations have expressed an interest in attending the to young people and [this] could include the Convention.25 rights or human rights can be found in the A-Z search on
UN Committee on the Rights of the Child's examination of the department’s website. The UN Committee on the Rights
Accessible information about the Convention has not been of the Child's concluding observations, issued on 3 October
the UK State Party report in September 2008.
circulated to disabled children. Notably, there is nothing on 2008, are not yet available on any Government website.
Beverley Hughes: Jane Hutt, Minister for Children, Education the Department for Children, Schools and Families’ website
and Lifelong Learning and Skills in the Welsh Assembly
Government wrote to the Secretary of State for Children,
Schools and Families, in May 2008, expressing an interest
about the United Nations Disability Convention, or any other
treaty besides the Convention on the Rights of the Child. ➥ See CRAE recommendations pages 55-62.
in joining a ministerial delegation for the UK Government’s The Government’s July 2007 report refers to funding given
oral hearing with the UN Committee on the Rights of the to UNICEF’s Rights Respecting Schools Award in five local
Child on 23/24 September 2008. authorities. This new nationwide award scheme promotes
the Convention on the Rights of the Child as the basis for
The Secretary of State gave careful consideration to the enhancing teaching, learning, ethos, attitudes and behaviour.
make up of the delegation and decided that it would be Government funding is a welcome development but providing
more appropriate for the delegation to be comprised of funding for this project does not equate to the Government
senior officials from across government and the
fully meeting its obligations under Article 42.
Devolved Administrations.
Furthermore, the Minister for Schools, Kevin Brennan,
The UK Government do not routinely send Ministers to
gave a fairly lukewarm response in July 2007 when asked
treaty monitoring examinations and, like most other western
in parliament how his department supports the Rights
countries, Ministers have not attended previous hearings
Respecting Schools initiative. He said:
with the United Nations Committee on the Rights of the
Child. Junior Minister Gerry Kelly from the Office of the First …while the Department does not actively promote the
Minister and Deputy First Minister, Northern Ireland also specific RRR framework, schools are free to adopt it. The
expressed an interest in attending.20a
Page 4 General measures of implementation General measures of implementation Page 5Definition of the child General principles
Article 1 Articles 2, 3, 6 and 12
The UK Government’s report to the UN ➔ seventeen year-olds are treated as adults when the police The UK Government’s report to the UN The consensus is that about £4 billion additional expenditure is
Committee, July 2007 arrest them (including in connection with suspected Committee, July 2007 required this year and next in order to meet the Government’s
We agree that the measures outlined are very positive though terrorism) and in bail and remand proceedings (though We welcome advances in anti-discrimination law but note that own target of reducing child poverty by half by 2010.
regret that the Government’s report does not address concerns this may change26b) none of these statutes has been designed specifically for children. Government children’s rights survey 2006/07
relating to the inconsistencies in minimum age requirements. ➔ children are excluded from the right to vote and Children benefit from these laws because of factors other than The percentage (%) of almost 4,000 children in England who
For example, under 18 year-olds are no longer permitted to individuals cannot put themselves forward as local their age or status as children. The recent discrimination law review have missed out because their family could not afford:
purchase alcohol, tobacco or fireworks, yet the Government councillors or Members of Parliament until the age of 18 is the first time age discrimination outside of employment and
continues to expose children to a criminal justice system that (though this may change26c) training has been considered seriously by ministers. Despite plenty • Holidays 26%
was designed for adults and is known to be harmful. The UK of evidence of unfair treatment, some ministers say they do not • Going out with friends 23%
➔ the Government may exclude children from new
is the only EU member state that recruits 16 year-olds into believe that children should be protected from discrimination on
protection from age discrimination. • Family trips or days out 22%
the armed forces and 16 is the new legal minimum age for a the grounds of age. The reasons given, principally children’s need
for age-appropriate services, have been strongly rejected by many
child being able to purchase a pet on their own.
Incoherent minimum age requirements
➥ See CRAE recommendations pages 55-62. organisations, including the new Equality and Human Rights
Commission, the UK Children’s Commissioners and the Equality and
• School trips 18%
• Out of school interests and hobbies 17%
Age-based legislation in England continues to be muddled: Diversity Forum (a coalition of 38 equality and human rights NGOs, • Having toys or things to play with 13%
➔ the age of criminal responsibility is still 10 years. Youth including the Children’s Rights Alliance for England).
• Equipment for school 11%
offending teams now engage in prevention work with At the time of the examination, CRAE strongly rejected the
under-10s and this, together with new penalties on • Clothes or shoes for school 11%
Government’s view that it had ‘established a range of mechanisms,
parents relating to anti-social behaviour, results in even guidance and legal requirements which mean that pupils’ views • Heat and warmth 8%
younger children having contact with the criminal and interests are heard, valued and acted upon in the school
justice system • Healthy food 8%
context’. We particularly disputed the notion that new legal duties
➔ legislation has been passed that prohibits any sexual had been introduced on schools to have regard to children's Age discrimination
activity between under-16s: there is absolutely no legal views. However, we are delighted to report that, following the Ministers have begun to acknowledge publicly that anti-social
defence for engaging in sexual activity with a child UN examination and CRAE lobbying over many years, ministers behaviour measures may have affected public perceptions
under 13 have now accepted the need to enshrine Article 12 in legislation
of the young. Research undertaken for the Joseph Rowntree
relating to schools. An amendment was tabled to the Education
➔ thirteen year-olds can work part-time but only 16 year- Foundation in 2007 reported that young people feel they are
and Skills Bill in early November 2008, supported by the new
olds are eligible for the reduced minimum wage. The full disproportionately targeted and blamed for antisocial behaviour,
children's minister Baroness Delyth Morgan, which will place a
minimum wage is not available until age 22 and they resent being moved from an area by the police when
duty on the governing bodies of maintained schools to invite and
they have not done anything wrong. The researchers concluded:
➔ sixteen year-olds have to pay for prescriptions, dental consider the views of school students on matters affecting the
treatment and eye tests unless they are in full-time conduct of their school. While the provision relates only to the By telling young people in groups that they may be
education, or in receipt of social security benefits. functions of a school governing body, this is significant progress dispersed and/or escorted home because they are perceived
They have to pay full price on transport, and for many and there will be further opportunities to influence accompanying to be intimidating to others, we may be in danger of
leisure facilities guidance. Notwithstanding this, CRAE will continue to push for reworking the traditional Victorian saying such that it now
children to have a choice over their secondary school, to be able reads: ‘Children should be not seen and not heard’.29
➔ sixteen and 17 year-olds can work full time, join the to opt in or out of religious education and to be able to appeal
armed forces, pay income tax, get married or have a CRAE has documented other evidence of discriminatory treatment
their exclusion.
civil partnership, change their name by deed poll, ask on the grounds of age, including on public transport, access to
the State to look after them and claim social security Article 2 emergency services, shops and leisure facilities and the availability
benefits in certain restricted circumstances. However, full of health and social care services to vulnerable teenagers.
benefit entitlement is not available to anyone under 25 Unequal enjoyment of rights The Government conducted an online children’s rights survey
years (benefits were removed from most 16 and 17 year- There is substantial evidence of Article 2, 3, 6 and 12 breaches in
in preparation for its submission to the UN Committee in
olds in 1986). Even when they are parents, adolescents the immigration and juvenile justice systems (see pages 34-48).
July 2007. It asked under 18 year-olds to state whether they
are not entitled to full benefit rates The Government has not developed a national strategy to have ever been treated unfairly because of their age, gender,
➔ the right of trans-gendered people to apply for a gender tackle the many forms of discrimination faced by children in disability, family’s financial status, skin colour, religion or
recognition certificate and have their gender legally England, as recommended by the UN Committee in 2002. culture, the beliefs or behaviour of parents/carers, the child’s
recognised is only available to adults Poverty impacts on all aspects of children’s lives and enjoyment own beliefs, language, sexual orientation or something else.
➔ the Mental Capacity Act 2005 provides that only of their rights, including the right to life, education, health care, Over 3,900 children participated in the online survey. More
adults can make an advance decision to refuse medical play and leisure and to appropriate care and protection from the than four in 10 (43%) reported that they had been treated
treatment, or appoint a Lasting Power of Attorney State. In 2007, child poverty increased for the first time in seven unfairly because of their age. While fewer than three in 10
(someone to make decisions on their behalf, relating to years, with a rise of 200,000 more children living in poverty.27 (29%) of the under-11s felt that they had experienced age
property and affairs including personal welfare) Income inequality is at its highest since 2001/02.28 discrimination, nearly two-thirds of older teenagers (64%)
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