CROA conference 2010

Children’s Rights Tour

Outline

• Key developments in law and policy over the

past 12 months

• Opportunities ahead for strengthening

children and young people's rights, as well as

the threats

Political context

• Conservatives last in power 1997

• Liberal Democrats last in power 1915

Political context cont/

• Conservatives ratified the UN Convention on

the Rights of the Child December 1991

• Conservatives first required children's

services to use the UNCRC as ‘a foundation

of values, principles and objectives’

(Department of Health guidance, 1996)

Political context cont/

• Liberal Democrats 2010 election manifesto

‘Incorporate the Convention on the Rights of

the Child into UK law, ending the detention of

children for immigration purposes’

1. Will a senior Minister have responsibility for co-ordinating Government action on implementing the United Nations Convention on the Rights of the Child in England?

2. Will you publish an implementation plan for children’s rights in England in response to the United Nations Committee on the Rights of the Child’s latest recommendations?

3. Will Government departments have to consider children’s rights whenever they make proposals for law or policy affecting children?

4. Will you champion the importance of listening to children and taking into account their views – within Government as well as in all public services?

5. Will you support children’s rights training for all those that work with children, as well as the Convention on the Rights of the Child being taught in schools?

6. Will your Government promote positive images of children and childhood?

Minister of State for Children and Families

Children’s centres; Childcare; Early learning anddevelopment, curriculum 0-5; Voluntary and commsector; UNCRC; Families; Health (obesity, drugs andalcohol, teenage pregnancy); Child poverty;Children’s services commissioning and marketdevelopment; Local authority funding/localgovernment policy; Government offices and fieldforces; School food/Healthy Schools; SEN andDisabled children; Young carers

Government reviews

• Alternatives to child detention • Childhood and families task force • Child protection • Children's Commissioner • Counter-terrorism • Early intervention

• Early Years Foundation Stage

Government reviews cont/

• Key Stage 2 SATs • Music education • Poverty and life chances • Special educational needs and disabilities • Vetting and barring• Vocational education for 14 to 19 year-olds

Significant policy developments

• Revised Working Together (March 2010)

• Release of Physical Control in Care manual (July 2010)

• Academies Act 2010 (July 2010)

• Kennedy report on NHS (September 2010)

• Children’s Trust Boards regulations revoked

• Equality Act 2010 (October 2010)

Financial context

Section 251 of the Apprenticeships, Skills,Children and Learning Act 2009 came intoforce on 12 January 2010.

• Children's residential care ranges from £11 to £358 per capita (average £82)

• Adoption services range from £0 to £66 per capita (average £20)

Financial context cont/

Section 251 of the Apprenticeships, Skills,Children and Learning Act 2009 came intoforce on 12 January 2010.

• Leaving care support services range from £0 to £162 per capita (average £19)

• Child protection expenditure ranges from £0 to £44 per capita (average £11)

• Advocacy for looked after children ranges from £0 to £22 per capita (average £1)

Human rights context

• October 2008 – third set of concluding observations on UK from UN Committee on the Rights of the Child

• November 2009 – 20 years since UN adopted Convention on the Rights of the Child

• October 2010 – 10 years of the Human Rights Act

• December 2011 – 20 years since UK ratified CRC

Convention on the Rights of the Child

Article 12• Express views freely

• Given due weight

• Heard in any judicial or administrative proceeding – directly or through a representative

Convention on the Rights of the Child cont/

Article 9 (parental separation)In any proceedings all interested parties havethe right to participate and make their viewsknown

Article 21 (adoption)All persons concerned have given informedconsent

Convention on the Rights of the Child cont

Article 28(2) (right to education)School discipline must be administered in amanner consistent with child’s humandignity

Children’s Commissioner Review

Michael Gove letter to John Dunford, 12 July 2010:The Government is committed to the UnitedNations Convention on the Rights of the Child andbelieves it is vital that children and young peoplehave a strong, independent advocate to championtheir interests and views and to promote theirrights.

Munro Review of Child

Protection

Social workers act as advocates and at

the core is the preservation of human

rights for children, and their families, when

these are not in conflict.

Munro Review of Child

Protection cont/

It may seem self-evident that children and

young people are the focus of child

protection services but many of the

criticisms of current practice suggest

otherwise.

Munro Review of Child

Protection cont/

Treating children and young people as people

not objects requires spending time with them to

ascertain their views, helping them understand

what is happening to them, and taking their

wishes and opinions into account in making

decisions about them.

Freedom Bill

Nick Clegg’s three steps to new politics:• Sweeping legislation to restore the hard won

liberties that have been taken, one by one, from the British people: Britain must not be a country where our children grow up so used to their liberty being infringed that they accept it without question.

• Drag Westminster into the 21st century• Redistribution of power from the centre

Equality Act 2010

Public sector equality duty

From April 2011, public authorities must have dueregard to the need to:

• Eliminate discrimination, harassment, victimisation and any other conduct unlawful under this Act

• Advance equality of opportunity between people who are protected under this Act and others

• Foster good relations between people who are protected under this Act and others.

Equality Act 2010

Advancing equality of opportunity:• Remove or minimise disadvantages associated with a

protected characteristic• Taking steps to meet the needs of individuals who

share a protected characteristic • Encouraging persons who share a protected

characteristic to participate in public life or in any other activity where participation by that group of people is disproportionately low.

Fostering good relations:• Tackle prejudice, and• Promote understanding.

CRAE

• Tel 020 7278 8222

• info@crae.org.uk

• www.crae.org.uk

• What future for children and young people’s civil rights – 19 November 2010