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Author: Sam Nelson

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

2 June 2023
Sam Nelson
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Categories: News

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

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

23 May 2023
Sam Nelson
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Categories: News

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

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

16 May 2023
Sam Nelson
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Categories: News

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'
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Cuts to Services Will Harm a Generation of Children

3 May 2023
Sam Nelson
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Categories: News

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

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Childhood and Equal Protection for Children

29 April 2023
Sam Nelson
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Categories: News

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.
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