Author: Sam Nelson

  • UN Concluding Observations Demonstrate Scale of Failure to Meet Children’s Rights Requirements

    UN Concluding Observations Demonstrate Scale of Failure to Meet Children’s Rights Requirements

    02 June 2023

    Concluding observations include wide range of recommendations including a call to scrap the NI budget and start again

    The UN Committee on the Rights of the Child produced concluding observations following examination of the UK government and devolved regions.

    The Children’s Law Centre has said the scale of non-compliance with human rights obligations is alarming and called for immediate action to implement the recommendations.

    Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said:

    “This is a damning set of recommendations from the UN Committee on the Rights of the Child. It reflects the grim picture facing children and young people in this jurisdiction today. The gap in children’s rights has grown significantly over the last decade and children and young people are suffering every day because of it, whether that’s facing discrimination, failure to access services or simply not being allowed to have a say on decisions affecting them.

    “We now need to see swift action to address the many failings identified throughout the examination process. There can be no excuses or delay. The scale of non-compliance with human rights obligations is alarming.

    “Some major recommendations like raising the age of criminal responsibility, legislation to protect under 18s from age discrimination, and the introduction of a Bill of Rights for Northern Ireland have been outstanding for years and have now been included in successive concluding observations. Other recommendations like scrapping the Northern Ireland budget, ending PSNI strip-searches of children and ending the use of contingency accommodation for asylum seeking children are new and add to a growing list of children’s rights breaches.

    “Children and young people are being seriously failed. The gap in children’s rights has dramatically increased over the last decade due to the lack of action. The situation has become even worse due to the attacks on human rights by the UK government, the collapse of local decision making, the impact of Brexit and the failure to properly resource services.”

    Fergal McFerran continued:

    “We carried out an extensive piece of work with sector experts and children and young people themselves to identify the issues in this jurisdiction. We’re reassured that the Committee has reflected that work in their recommendations. We thank them, and in particular their UK taskforce, for their diligent work.

    “We would also like to thank everyone who took part in the research, including NGOs, Dr Deena Haydon, Jerome Finnegan from Save the Children and of course the children and young people who either told us their views or presented to Committee members themselves. Their work has had a direct impact on the outcome of the reporting process.

    “We now owe it to them all to see major change.”

    The Concluding Observations contains a wide range of recommendations. Other key recommendations cover issues such as the right to withdraw from religious worship in schools, relationship and sexuality education, restraint and seclusion, abortion, stop and search, plastic bullets, protecting children from paramilitaries, and ending the hostile environment for refugee and asylum seekers.

    The Children’s Law Centre led the Northern Ireland NGO sector in reporting to the UN Committee, including the submission of three major reports and leading two delegations of experts and young people to present evidence to Committee members.

    The Centre will now work to ensure the recommendations are implemented by those responsible.

    The Concluding Observations can be found at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FGBR%2FCO%2F6-7&Lang=en

  • Urgent Reform Needed to Support Children with Special Educational Needs and Disabilities

    Urgent Reform Needed to Support Children with Special Educational Needs and Disabilities

    23 May 2023

    A new independent review of special educational needs services conducted by Ipsos has found that, under the current system and processes, early intervention for children is almost impossible.

    Image of child at school in wheelchair. Headline text reads: 'Urgent reform needed to support children with special educational needs and disabilities

    The report highlights the need for urgent reform. It builds on a number of critical reports and provides recommendations to improve support for children and young people with special educational needs and disabilities (SEND).

    The Children’s Law Centre (CLC) has welcomed the report and called for urgent action, and the necessary ringfenced funding, to ensure meaningful changes are made to provide earlier and more effective support.

    Rachel Hogan, SEND expert at the Children’s Law Centre, said:

    “This is a welcome report that highlights a number of failures already well known to those who work with children with special educational needs and disabilities. We have been raising these issues for many years and at CLC we see the negative impact on children in our daily work.

    Image of Rachel Hogan, with quote reading: "“This is the latest in a number of damning reports highlighting the many failures to enable equality of access to education for children with SEND and offering solutions to fix this broken system. We now need urgent action."

    “This is the latest in a number of damning reports highlighting the many failures to enable equality of access to education for children with SEND and offering solutions to fix this broken system. We now need urgent action.

    “Interventions must come earlier and the obstacles to securing support must be removed. Interventions should be focused on outcomes for the child, rather than internal process-focused outcomes. Those who work with children should be better trained on how to identify and provide special educational support, with all children’s services co-operating to put support around the child, with schools becoming more accessible and inclusive educational spaces.

    “The report also highlights the urgent need for investing in reform. The Children’s Law Centre, along with 200 organisations and individuals, recently wrote to the Secretary of State for Northern Ireland, Chris Heaton-Harris, to raise concerns around cuts to children’s services. Playing politics with our children’s futures and failing to properly invest in stabilising and reforming SEND services will not only continue to harm children but it will strip our economy of valuable financial resources and a properly educated workforce in the long-term.”

    Image of large number of organisational logos, with overlay text reading: 'Over 200 organisations and individuals sign letter saying cuts to services will harm children'
    Read more about our recent letter

    The Ipsos report can be found at: https://www.education-ni.gov.uk/publications/independent-review-special-educational-needs-services-and-processes

  • UN to be Told Budget Cuts Will Compound Growing Number of Children’s Rights Breaches

    UN to be Told Budget Cuts Will Compound Growing Number of Children’s Rights Breaches

    16 May 2023

    The Children’s Law Centre will lead a delegation, including 8 young people, to the UN Committee on the Rights of the Child with a view to raising concern about breaches of children’s rights and how proposed budget cuts will adversely impact on children’s rights.

    The Centre had previously submitted three damning reports, written by Dr Deena Haydon, and presented evidence to the Committee highlighting significant failures to protect children and young people in Northern Ireland.

    Since then over two hundred leading organisations and individuals have endorsed a letter from the Children’s Law Centre to the Secretary of State for Northern Ireland outlining concern around the impact of budget cuts. The letter stated that cuts to services will cause active harm to children and young people. The Centre will now raise the concerns with the Committee, saying the cuts will compound the growing problems facing children and young people and lead to an increasing number of rights breaches.

    Image of a lot of organisations logos, with text overlay reading: 'Over 200 organisations and individuals sign letter saying cuts will harm children

    Speaking ahead of the visit, Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said:

    “We have already made a strong case to the UN Committee on the Rights of the Child, outlining our concerns around the increasing number of failures in regards to children’s rights protections. Our previous delegation gave a clear account of the many challenges facing children and young people in Northern Ireland, with rights protections being eroded rather than extended.

    “In the short time since we presented to the Committee in February, the situation has become even worse, with the budget announced by the Secretary of State for Northern Ireland, Chris Heaton-Harris, set to cause active harm to children and young people.

    “We wrote a letter to the Secretary of State which was signed by over 200 organisations and individuals outlining our concerns around the impact it will have on children’s rights and equality. We will now be raising this in Geneva. “We look forward to engaging further with the Committee and we are expecting strong recommendations in June. The focus must then be on swift implementation to give children and young people the protections they deserve.”

    The delegation will be made up of children and young people from Youth@CLC, Include Youth, Voice of Young People in Care (VOYPIC) and Northern Ireland Youth Forum, funded by Paul Hamlyn Foundation. It will also include children’s rights experts and will aim to secure strong recommendations from the Committee as part of the UK Government examination process.

    What is the UNCRC examination process?

    The UK Government signed up to the UN Convention on the Rights of the Child (UNCRC) in 1990 and it was ratified in 1991. By ratifying the UNCRC, the UK Government have a duty under international law to make sure the rights of all children and young people in Northern Ireland are protected, and to work towards making these rights a reality in law.

    The UK Government must report to the UN Committee on the Rights of the Child every five years to explain how well they are protecting children’ rights in Northern Ireland. The Committee then make concluding observations and recommendations for the UK Government to implement. The Children’s Law Centre leads the Northern Ireland voluntary sector in submitting evidence to inform the examination process. The Centre’s youth panel, youth@CLC, also submits a children and young people’s report.

    Image of three report covers with accompanying text reading: 'Damning reports show how a regression in rights is harming children'
  • Cuts to Services Will Harm a Generation of Children

    Cuts to Services Will Harm a Generation of Children

    03 May 2023

    Over 200 organisations and individuals write to Secretary of State for Northern Ireland calling for a reversal of recent budget decisions

    Concern raised around potential breach of statutory duties and failure to assess the impact of decisions

    We have now stopped accepting signatures and are updating the Secretary of State for Northern Ireland, Chris Heaton-Harris, with the final list of endorsements. Thank you to the 200+ who signed the letter. We will continue to work to protect children from harm

    Over 200 organisations and individuals have jointly signed a letter written to the Secretary of State for Northern Ireland, Chris Heaton-Harris, raising concern around the impact of budget decisions and cuts to services. The letter urges the Secretary of State to reconsider the budget decisions and immediately assess the impact on children and young people.

    Read the letter

    After submitting the letter, Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre, said:

    “The budget and the cuts to services flowing from it will cause active harm to a generation of children and young people. We have had weeks of announcements signalling cuts to children’s support and early intervention services that will cause significant long-term harm to many.

    “The way in which these decisions are being made is an affront to children’s rights and equality. Despite having a statutory duty to assess the impact and to protect children, particularly children who are disadvantaged or have additional needs, these services are the first to go.

    “Many children and young people, as well as their parents, guardians and carers, are already at breaking point. There is a crisis in mental health for our young people, a complete failure around services for children with special educational needs and disabilities, and unacceptable numbers of children living in poverty. Yet, budget decisions are targeting these groups of children directly.

    “Rather than cutting children’s services, we must look at how we better protect our children and young people. We should be strengthening laws to ensure they have full access to services that support their survival and development. We should be making decisions that are in their best interests, rather than knowingly subjecting them to future harm.”

    The full list of endorsements include:

    Acrewood Daycare

    Action For Children

    Action Mental Health

    Advice NI

    Altram

    An Droichead

    Angel Eyes NI

    ARC Healthy Living Centre Ltd

    Ardoyne Youth Enterprise

    BAAT (British Association of Art Therapists)

    BACP (British Association of Counselling and Psychotherapy)

    BADth (British Association of Dramatherapists)

    BAMT (British Association for Music Therapy)

    Barnardo’s NI

    BASW NI (British Association of Social Workers Northern Ireland)

    Beechmount Sure Start

    Belfast City Council

    Belfast Interface Project

    Bishop Street Youth Club

    Blackfort Adolescent Gestalt Institute

    Bloomfield Community Association

    Breda Academy

    Cara-Friend

    Carrickfergus Hub Improving Lives Locally (CHILL)

    Chartered Institute of Housing

    Cherish Sure Start

    Children’s Law Centre

    CiNI (Children in Northern Ireland)

    Cliftonville Community Regeneration Forum

    CO3 (Chief Officers 3rd Sector)

    Colin Early Intervention Community

    Colin Neighbourhood Partnership

    Common Youth

    Community Development & Health Network

    Contact

    Conway Education Centre

    Corpus Christi Youth Centre

    Creggan Youth Drop-in

    Crumlin Ardoyne Neighbourhood Renewal Partnership

    CyberSyd

    Disability Action NI

    Dyslexia Awareness NI

    Early Years

    East Belfast Sure Start

    EastSide Learning

    Ecojustice Ireland

    Employers for Childcare

    Enagh Youth Forum

    Engage Project

    Extern

    Family Mediation NI

    Focus The Identity Trust

    Foodstock

    Footprints Women’s Centre

    Forward South Partnership

    Foyle Down Syndrome Trust

    Full Service Community Network

    Giggles Early Years

    Glenbrook Sure Start

    Glen Community Parent Youth Group

    Greater Shantallow Area Partnership

    Greenway Women’s Centre

    Harberton Special School and Outreach Services

    Hazelwood Integrated College

    HERe NI

    Holy Family Youth Centre

    Holy Trinity College

    Holywell Trust

    Human Rights Consortium

    Include Youth

    Ionad Uíbh Eachach

    Kids Together Belfast

    Lagmore Youth Project

    Law Centre NI

    Lifestart Foundation

    Longtower Youth Club

    LORAG (Lower Ormeau Residents Action Group)

    Mae Murray Foundation

    Matchbox Youth Club

    Melted Parents NI

    Mencap

    Menstruation Matters Belfast

    Mid and East Antrim Borough Council

    Migrant Centre NI

    MindWise

    Mornington Community Project

    NAHT NI (National Association of Head Teachers NI)

    National Autistic Society NI

    National Children’s Bureau

    National Education Union

    National Energy Action NI

    NDCS (National Deaf Children’s Society)

    Nexus

    NI Council for Racial Equality

    NICVA (Northern Ireland Council for Voluntary Action)

    NI Rural Women’s Network

    Niamh Louise Foundation

    NIAPN (NI Anti-Poverty Network)

    NIBPS (Northern Ireland Branch of the British Psychological Society)

    NIPSA (Northern Ireland Public Service Alliance)

    North West Community Network

    Northwest Youth Services

    Northern Ireland Women’s Budget Group

    Northern Ireland Youth Forum

    NUS-USI (Nation Union of Students – Union of Students in Ireland)

    Our Streets Derry

    Parent Action NI

    Parenting NI

    Parkview Special School

    Phoenix Law

    Playtime Day Nursery Eskra

    Playboard

    Poleglass Community Association at Sally Gardens

    Positive Futures

    PPR (Participation and Practice of Rights)

    Quaker Service

    Queen’s Students’ Union

    Rainbow Child and Family Centre

    Reclaim the Agenda

    Relate NI

    Relatives for Justice

    Relax Kids Belfast

    RNIB NI (Royal National Institute of Blind People)

    Rural Community Network

    Saól Úr Sure Start

    Save the Children NI

    SENAC (Special Educational Needs Advice Centre)

    Sense NI

    Shimna Integrated College

    Simon Community

    Sleepy Hollow Group

    Sólás Special Needs Charity

    South Belfast Sure Start

    SSUNI (Secondary Students’ Union NI)

    St. Mary’s Christian Brothers’ Grammar School

    St. Mary’s Limavady

    St. Mary’s Youth Club, Creggan

    St. Peters Immaculata Youth Centre

    St. Ronan’s Primary School Newry

    Start360

    STEP (South Tyrone Empowerment Programme)

    Surestart Edenballymore

    Sustrans

    The Bytes Project

    The Fostering Network

    The Larder Belfast

    The Rainbow Project

    Trussell Trust

    UNISON

    Unite the Union

    UTU (Ulster Teachers’ Union)

    Voice of Young People in Care (VOYPIC)

    West Belfast Partnership Board

    WheelWorks Arts

    Whiterock Children’s Centre

    Women’s Regional Consortium

    Women’s Resource and Development Agency

    Women’s Support Network

    Women’s Aid Federation Northern Ireland

    Women’s Platform

    Youth Engagement Service

    Young Enterprise NI

    Youth Work Alliance

    Youth Action NI

    Youth Empowerment And Resilience (YEAR) Project

    Youth First Youth Club

    Youth Initiatives

    Adrian Walsh, Principal, St. Colm’s High School, Belfast

    Alan Law, Chairperson – Education Trade Union Group – NIC-ICTU

    Ciaran White BL

    Deborah Erwin, Youth Engagement Consultant

    Deirdre McAliskey, A Way With Words

    Deirdre Shakespeare, Harry’s Law

    Dr Bronagh Byrne, Senior Lectuer in Social Policy, Queen’s University People

    Dr Ciara Fitzpatrick, Ulster University

    Dr Deena Haydon

    Dr Dominic McSherry, Reader in Psychology, Ulster University

    Dr Fiona Bloomer, Senior Lecturer, Ulster University

    Dr Gillian Kane, Lecturer in Law, Ulster University

    Dr Karen Hagan, Open University

    Dr Karen Orr, Stranmillis University College

    Dr Liam O’Hare, Queen’s University Belfast

    Dr Lucy Royal-Dawson, Ulster University

    Dr Raied Al-Wazzan

    Dr Siobhán McAlister, Senior Lecturer in Criminology, Queen’s University, Belfast

    Dr Suzanne Mooney, Senior Lecturer in Social Work, Queen’s University Belfast

    Dr Una Convery, Lecturer in Criminology, Ulster University

    Emmet McAleer, Independent Councillor

    Goretti Horgan, Senior Lecturer in Social Policy, Ulster University

    Jackie Redpath, Greater Shankhill Partnership

    Katrina Crilly, Principal, St. Patrick’s College, Maghera

    Koulla Yiasouma, Former NI Commissioner for Children and Young People

    Madeleine Leonard, Professor Emeritus, School of Social Sciences, Education and Social Work, Queen’s University, Belfast

    Phil Scraton, Professor Emeritus, School of Law, Queen’s University, Belfast

    Professor Andrew Percy, Queen’s University Belfast

    Professor Anne-Marie McAlinden, Queen’s University Belfast

    Professor Colin Harvey, Queen’s University Belfast

    Professor Laura Lundy, Queen’s University Belfast

    Professor Rory O’Connell, Ulster University

    Professor Victoria Simms, Professor of Developmental Psychology, Ulster University

    Sinead Kyle BL

  • Childhood and Equal Protection for Children

    Childhood and Equal Protection for Children

    30 April 2023

    As the law stands currently, parents and carers can use “reasonable” force to discipline their children in Northern Ireland.

    The Children’s Law Centre, along with other organisations that advocate on behalf of children, have long campaigned to remove the defence of reasonable chastisement.

    The UN Committee on the Rights of the Child have also called to prohibit as a matter of priority all corporal punishment in the family, including through the repeal of all legal defences, such as “reasonable chastisement”.

    Northern Ireland is lagging behind the Republic of Ireland, Scotland and Wales (and indeed many other countries around the world) in relation to giving children equal protection from assault.

    Research commissioned in 2017 by the NI Children’s Commissioner shows that views about physical punishment are changing, with the majority of people in NI now supporting children being legally protected from hitting, smacking and assault.

    However, for those that say, “well it never did me any harm”, Roald Dahl writes about physical punishment in his autobiography ‘Boy: Tales of Childhood’ and while his experience is in the context of school, the message remains the same:

    “By now I am sure you will be wondering why I lay so much emphasis upon school beatings in these pages. The answer is that I cannot help it. All through my school life I was appalled by the fact that masters and senior boys were allowed literally to wound other boys, and sometimes quite severely.

    I couldn’t get over it. I never have got over it.

    It would, of course, be unfair to suggest that all masters were constantly beating the daylights out of all the boys in those days. They weren’t. Only a few did so, but that was quite enough to leave a lasting impression of horror upon me.

    It left another more physical impression upon me as well. Even today, whenever I have to sit for any length of time on a hard bench or chair, I begin to feel my heart beating along the old lines that the cane made on my bottom some fifty-five years ago.”

    Research has shown that the physical punishment of children is ineffective as a method of discipline and confirms that positive parenting has much better outcomes.

    Professor Sir Michael Marmot, UCL, writing in the forward of a report which reviewed the effects of physical punishment on the child and in the family sums it up well:

     “The international evidence could not be any clearer – physical punishment has the potential to damage children and carries the risk of escalation into physical abuse”.

    Given the established evidence outlining the harm physical punishment causes children and the repeated calls from the UN Committee on the Rights of the Child to ban physical punishment in the home, it should be a priority for decision makers in this jurisdiction to remove the defence of reasonable punishment, therefore prohibiting all forms of physical punishment in the home. CLC would also encourage the implementation of comprehensive government support for parents to develop positive parenting skills.

    Our children deserve equal protection. It’s past time we delivered it for them.

    Image of report front cover with text reading 'NI NGO Stakeholder Report 2 - Endorsed by over 50 organisations and individuals'
    We raised the case for removing the defence of reasonable punishment in our NI NGO Stakeholder Report 2.