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Author: Sam Nelson

Children’s Law Centre Secures Investigation and Review of PSNI Strip-Searches on Children

10 March 2023
Sam Nelson
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Categories: News

13 March 2023

Image of siren with headline included

The Northern Ireland Policing Board’s Human Rights adviser will investigate and review PSNI strip searches of children and young people in custody. The investigation follows work by the Children’s Law Centre to raise concerns around the practice.

In announcing the Terms of Reference, the Policing Board highlighted two key concerns, including the evidential basis for conducting strip searches and the lack of an appropriate adult being present in most cases.

In January 2023, the Children’s Law Centre uncovered a number of concerning statistics highlighting the absence of items found in most cases of a strip search and concern around the threshold being used to justify strip searches, the overwhelming majority of which took place without an appropriate adult present.

Image of a report with quote from the Terms of Reference reading: "The issue was originally raised by organisations in the children's sector at a PSNI youth champions meeting in May 2022 with more in-depth discussion from the Children's Law Centre and reporting within the media."

Following the announcement of the Terms of Reference for the investigation and review, Fergal McFerran, of the Children’s Law Centre, said:

“The Children’s Law Centre welcomes this investigation. We have consistently raised our concerns around the strip-searching of children and young people by the PSNI. We are pleased that Policing Board members and the Human Rights Adviser have taken our concerns seriously.

“We believe the commissioning of this investigation is itself a sign that serious concerns in relation to the practice of strip-searching children remain unanswered. We hope the investigation will bring the appropriate levels of scrutiny and we have no doubt there will be serious failings identified. It is right that the actions of the PSNI on this issue are carefully examined.

“From the information we have been able to uncover, we know that in almost all cases, nothing is found as a result of a strip-search. It is our view that this demonstrates the lack of justification for using such an invasive use of force on children, some of whom have been as young as 14.”

Image of scared child with a pull quote from Fergal McFerran reading: "We hope the investigation will bring appropriate levels of scrutiny and we have no doubt there will be serious failings identified."

The Northern Ireland Policing Board’s Terms of Reference for the review can be found here.

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Children’s Law Centre Support Young Person in Successful High Street Voucher Scheme Complaint

8 March 2023
Sam Nelson
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Categories: News
Equality Commission finds the Department for the Economy failed to fulfill equality duties
Children’s Law Centre supports the first ever complaint to the Equality Commission by a person under 18

An Equality Commission investigation into the High Street Voucher Scheme has found that the Department for the Economy failed to comply with its own Equality Scheme. The investigation found that the Department failed to screen at the earliest opportunity and that it failed to properly assess the impacts of the policy on children under 18.

Speaking after the investigation was concluded, Claire Kemp, Policy Officer at the Children’s Law Centre said:

“This is a really significant finding by the Equality Commission. The Children’s Law Centre repeatedly raised concerns at the time that the Department for the Economy had failed to properly comply with its own Equality Scheme. We have now been vindicated in that, but unfortunately around 450,000 children and young people have lost out in the meantime.

“The frustration now is that while the Equality Commission has made this finding, the young people have still lost out. The High Street Voucher Scheme was announced in April 2021 and it was clear at that point that the Department was intending to exclude under 18s with no basis for doing so. Yet it has taken almost two years to get to this point.

“Children and young people suffered during the pandemic like everyone else. Many of them contributed in the recovery and should have benefited from the High Street Voucher Scheme. Not only that, but providing vouchers to children and young people could have made a big difference in a lot of lives by providing essentials for disadvantaged children at a time when people were facing escalating hardship.

“Children and young people are no less deserving than anyone else in our society, yet they are repeatedly failed, forgotten and discriminated against. This finding should be a reminder to all government departments that they must take their equality duties seriously.”

The full investigation report and recommendations is available here
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Education Authority Breached Human Rights of Disabled Children During Covid

22 February 2023
Sam Nelson
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Categories: News

February 2023

Image of school bus with headline text: 'Education Authority Breached Human Rights of Disabled Children During Covid'

In two landmark cases, the High Court in Belfast has declared that the human rights of disabled children were breached when they were refused access to school transport, which denied them access to education. The cases were brought before the court through applications seeking leave for judicial review. After the Education Authority (EA) provided solutions for each child, legal declarations were secured through agreement that the children in both cases had been deprived of their right to education under Article 2 of Protocol 1, along with Article 14 of the European Convention on Human Rights.

The cases were brought by the Children’s Law Centre (CLC) on behalf of two children after a referral for specialist legal services by the charity Angel Eyes as part of a joint EqualEyes project with CLC, which protects the equality rights of children with visual impairment. The CLC legal team argued that prolonged and disproportionate Covid restrictions on school transport for reasons related to disability were unjustifiable and unlawful, interfering with the right to education.

One child was unable to attend specialist education placements in person for all but one day of nursery and for the entirety of the P1 and P2 academic years. The best interests of the children and their legal entitlements were entirely discounted within the decision making processes of the EA.

After protracted negotiations to seek and develop alternative educational and transport arrangements for the children, the CLC legal team secured landmark declarations where the EA acknowledged that the children’s human rights to education had been breached during the relevant time periods and they were treated differently to other children because of their disabilities.

Speaking after the conclusion of the case, Rachel Hogan, of the Children’s Law Centre, said:

“This is a significant legal milestone for these children, and for all disabled children who have been denied access to services which enable equality of opportunity. The High Court declarations reinforce the importance of ensuring that public authorities do not place unlawful systemic barriers in the way of disabled people, including disabled children. Failure to ensure accessibility of services throughout society is capable of breaching the human rights of groups of children who are protected by law.

Image of Rachel Hogan with pull quote: "We hope these landmark declarations serve as a significant reminder to public authorities and duty bearers more generally that disabled children and young people are entitled to equal treatment and equality of opportunity in all aspects of life."

“When we look at the experience of disabled children throughout Covid, including failures to identify mitigations before implementing restrictions, and also their much slower and ongoing return to normal life compared to others, we get a real understanding of the multiple barriers they face. In our legal casework, CLC sees a system-wide failure of equality for disabled children and their families that reaches far beyond the education sphere and into every element of daily life.

“The remedial actions taken and acknowledgements given to these children by the EA are therefore welcome as it is entirely right that public authorities should openly identify barriers to equality in order to enable these to be removed.

“We hope these landmark declarations serve as a significant reminder to public authorities and duty bearers more generally that disabled children and young people are entitled to equal treatment and equality of opportunity in all aspects of life.”

Speaking anonymously by order of the courts, a parent of one of the children welcomed the decision:

“I brought my child’s case to the attention of the Children’s Law Centre as I felt no person or child should be treated differently due to their disability and medical requirements and excluded from transport and vital education and learning with their peers. My child was made to feel different. This declaration will hopefully promote learning from public bodies and understanding that all children should be treated inclusively.”

A parent of the other child spoke of his frustration that his child was treated unfairly:

“This is an important recognition of the failure to treat disabled children fairly, particularly through Covid restrictions. While my child was being denied access to school transport and denied their right to education, other children were permitted to travel on packed school buses with no masks.

“My child was denied access purely on the basis of their disability, with no serious effort to risk assess the situation or consider the best interests of my child.

“I’m pleased with the declaration, I only wish it wasn’t yet another case where a disabled child has to go to the courts to get access to services. I hope the Education Authority learns from this and properly considers the impact policies have on disabled children.”

An immediate impact

Since securing access to education, the impact on the children was clear to see. One of the children initially received sessions of home education and immediately began to show signs of improvement. She began sleeping better, had more energy and became much happier in herself. She is now fully enjoying social and sensory stimulation, loves going to school and is learning to communicate. The family have more ability to recharge their batteries and to carry out their intense caring role while also looking after their younger child. The child now goes to school three days, has home tuition two days a week and is gradually moving towards full time school based education.

Speaking about the collaborative EqualEyes project, Karen Wilson, Education Advocate Lead at Angel Eyes said: “This result demonstrates the benefit of collaborative work to identify needs and protect the rights of disabled children and young people. Through our work in the EqualEyes project, we were able to identify additional barriers to education and signpost across the project to our partners at CLC to find a legal remedy.”

Pull quote graphic with picture of Karen Wilson and accompanying quote: "This result demonstrates the benefit of collaborative work to identify needs and protect the rights of disabled children and young people. Through our work in the EqualEyes project, we were able to identify additional barriers to education and signpost across the project to our partners at CLC to find a legal remedy."

High Court Declarations

JR226

IT IS HEREBY DECLARED that:

  • The Proposed Respondent breached Section 6 of the Human Rights Act 1998 for the period of time from 24th February 2021 to June 2022 insofar as there was an unlawful interference with the Applicant’s access to education and he was treated differently to other children in the State on the basis of his medical condition contrary to Article 2 of the First Protocol to the European Convention on Human Rights in conjunction with Article 14 ECHR.

JR225

IT IS HEREBY DECLARED that:

  1. The Respondent failed to discharge its obligations under article 16(5) of the Education (Northern Ireland) Order 1996 to arrange that the special educational provision indicated in the applicant’s Statement was made for her at school, for the period of time from September 2020 to June 2022, save for periods whereby the applicant was unable to attend school because of illness or otherwise including 16th September 2021 to 24th September 2021 and 15th November 2021 and 28th November 2021 and other various dates;
  2. The Respondent failed to discharge its obligations under Article 86(1) of the Education (Northern Ireland) Order 1998 to make arrangements for the applicant’s suitable education at school or otherwise for various periods of time between September 2021 and February 2022 when the applicant was unable to attend school due to the lack of school transport or unfit to attend school but was fit to receive education at home;
  3. The Respondent breached Section 6 of the Human Rights Act 1998 for the period of time from September 2020 to June 2022 insofar as there was interference with the applicant’s rights under Article 2 of the First Protocol to the European Convention on Human Rights in conjunction with Article 14 ECHR, as there was interference with the Applicant’s access to education on the basis of her medical condition and she was treated differently to other children in the State because of her disability.
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An Update on the UNCRC Reporting Process 2022/23

13 February 2023
Sam Nelson
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Categories: News

13 February 2023

This year, the UN Committee on the Rights of the Child will report on the work carried out by the UK government and Northern Ireland Executive to protect children’s rights. This is to make sure they are fulfilling their obligations under the UN Convention on the Rights of the Child (UNCRC).

The UK government signed up to the 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 reality in law.

The UK government must report to the UN Committee on the Rights of the Child (the Committee) every five years to explain how well they are protecting children’s rights in Northern Ireland. The Committee then makes concluding observations and recommendations for the UK government to implement.

The Children’s Law Centre (CLC) leads the Northern Ireland NGO 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.

In December, CLC submitted three major reports to the Committee. The reports were developed in consultation with a wide range of NGOs, as well as over 1,000 children. They give an authoritative position on the state of children’s rights in Northern Ireland. Unfortunately, the picture is extremely worrying.

A number of the major recommendations from previous concluding observations remain unimplemented. These include raising the age of criminal responsibility, removing the defence of reasonable punishment, (finally) enacting a Bill of Rights for Northern Ireland, and introducing age discrimination legislation to protect children. These are all issues raised in 2016 that have still not been addressed.

Adding to this, subsequent years have become even more perilous for children and young people. Since 2016, we’ve had attacks on human rights from the UK government, uncertainty around rights protected by the Good Friday Agreement, escalating pressures on public services, the impact of Covid policies on vulnerable children, and a growing failure to protect newcomer children.

In addition, issues that did not feature in 2016 are now major concerns including the rising number of unaccompanied asylum-seeking children being held in unsuitable temporary accommodation. While concerns around the disproportionate numbers of children being stopped and searched remain, we now also have serious concerns around the strip searching of children and the use of ‘spit hoods’. Far from being protected and progressed, children’s rights have gone backwards.

When we look at the children and young people’s report submitted by our youth panel, Youth@CLC, we begin to understand why that is. One of the most damning statistics in their report is that only 15% of children and young people feel they are listened to by politicians. For 16 to 17 year olds, this figure drops to 9%. Decision makers simply aren’t listening and it’s little wonder children are being failed.

Listening to children and young people is the basic first step and it’s being missed. Once we listen, we quickly understand why fewer than half of the children who responded to our survey agreed they could quickly see a counsellor or specialist when they needed support for their mental health. In the words of one young person answering our survey: “From hearing friends talk about their experience with things like counsellors or CAMHS, it seems like it would make me feel worse or not work”.

The proportion able to quickly access mental health support was lower again for children on free school meals, children with a disability, and 16 to 17 year olds, all of whom are more likely to rely on the service. It’s clear, when it comes to mental health support, for example, we’re failing children. Or, as put more succinctly by one young person in a workshop: “CAMHS is shite, they put no time into helping you.”

The picture is similar across other areas. In schools, children tell us they’re being failed by not having standardised relationship and sexuality education (RSE). In care, we’re failing children by stigmatising them and failing to understand their particular needs. In the youth justice system, young people tell us the police don’t understand their mental health needs.

Disabled young people list a whole catalogue of ways they’re being failed within the school system and in the community, generally feeling less positive about their participation in society, their health and development and the opportunities they have available to them.

In February 2023, CLC led a delegation of children and young people, along with a number of other organisations, to meet with the Committee in Geneva to give evidence. Unfortunately, it was not an opportunity for them to show how children’s rights in Northern Ireland have progressed since 2016.

All three reports submitted to the Committee are available here, including a summary for children and young people of the Rights Here, Right Now report.

CLC would like to thank our youth panel, Youth@CLC, for helping us develop and submit the Rights Here, Right Now survey and report. We would like to thanks the 1,026 respondents to the survey, the 127 children and young people who took part in the workshops and the NGOs that contributed to the Stakeholder Report 2, and associated Stakeholder Report 2 Evidence.

Finally, we would like to thank Jerome Finnegan of Save the Children for his assistance in developing and analysing the survey and Dr Deena Haydon for her extensive work gathering, analysing and writing up the information presented in these reports.

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Damning Reports Show How Regression in Rights is Harming Children

19 January 2023
Sam Nelson
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Categories: News

Thursday 19 January 2023

Children’s Law Centre submits three substantial reports to the UN Committee on the Rights of the Child demonstrating how rights and protections for children have regressed

NGO Stakeholder Report 2 endorsed by over 50 organisations and individuals

Rights Here, Right Now report informed by over one thousand children and young people, including workshops with 127 disadvantaged or vulnerable children

NI NGO Stakeholder Report 2 - Endorsed by 50 organisations and individuals
Click to download the Northern Ireland NGO Stakeholder Report 2

Three major reports, submitted to the UN Committee on the Rights of the Child, demonstrate a regression in children’s rights. The reports, submitted by the Children’s Law Centre in consultation with a wide range of NGOs, as well as over one thousand children, highlight significant gaps in children’s rights and the impact this is having on children and young people in Northern Ireland.

Download the Rights Here, Rights Now Children and Young People’s Report
Download the Rights Here, Right Now Summary for Children and Young People
Download the Northern Ireland NGO Stakeholder Report 2
Download the Northern Ireland NGO Stakeholder Report 2 Evidence

The number and complexity of the issues being reported to the UN Committee have grown since the previous examination of the UK Government in 2016. Previous recommendations made by the UN Committee, such as raising the age of criminal responsibility and removing the defence of reasonable punishment remain unaddressed. However, the number and complexity of issues facing children and young people has dramatically increased over the last number of years.

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

“We’re very concerned about the current situation for children and young people. These reports have been informed by a wide range of expertise within the NGO sector in Northern Ireland. They also give a voice to over one thousand children and young people here. We are able to give a very good indication of where we are in relation to children’s rights and the issues facing children, but I’m afraid it’s very concerning reading.

“A number of the major recommendations from previous concluding observations remain unimplemented. These include raising the age of criminal responsibility, removing the defence of reasonable punishment, the failure to enact a Bill of Rights for Northern Ireland, and the introduction of age discrimination legislation to protect children. These are all issues raised in 2016 which have still not been addressed.

“However, the subsequent years have become even more perilous for children and young people. Since 2016 we’ve had attacks on human rights from the UK Government, uncertainty around rights protected by the Good Friday Agreement, escalating pressures on public services, the impact of Covid policies on vulnerable children, and a growing failure to protect newcomer children.

"We're very concerned about the current situation for children and young people"
Click to download the NGO Stakeholder Report 2 Supporting Evidence

“In addition, issues that did not feature in 2016 are now major concerns. These include the rising number of unaccompanied asylum-seeking children, as well as the growing numbers of newcomer children being held in unsuitable temporary accommodation. While concerns around the disproportionate numbers of children being stopped and searched remain, we now also have serious concerns around the strip searching of children and the use of ‘spit hoods’.”

Children and young people’s opinions

Speaking about some of the findings in the children and young people’s report, Fergal McFerran, continued:

“It’s little wonder that only 38% of young people surveyed by our youth panel said they could trust the police in their area. Only 15% of the young people surveyed said they thought politicians would listen to them if they gave their opinion. Children and young people are being let down and they are acutely aware of it.

“Our youth survey also highlighted the widening gap in children’s rights when it comes to more vulnerable groups. Disabled children and children on free school meals were much more likely to feel negatively about their experiences across a number of general topics, including being listened to, being able to take part in making decisions that affect their lives, avoiding discrimination and being able to thrive. Children were also significantly less confident about accessing appropriate help and support for their mental health needs than they were about their physical health needs.

“The survey responses indicate a keen desire from children and young people to learn more about rights. Of respondents, 76% said they had heard about children’s rights before doing the survey, but only 51% said they understood what children’s rights meant. 86% of respondents said children should learn about their rights, with 94% of them stating that school was the best place to learn about rights.”

"Only 15% of the young people surveyed said they thought politicians would listen to them... Children and young people are being let down and they are acutely aware of it" - Fergal McFerran, Policy and Public Affairs Manager, CLC
Click to download the Rights Here, Rights Now Children and Young People’s Report

Full implementation of the UN Convention on the Rights of the Child

Reflecting on what changes can be made to protect children and young people, Fergal McFerran concluded:

“We are certain that the best way to protect children and young people from the many challenges they face is to see full and swift incorporation of the UN Convention on the Rights of the Child into domestic law.

“We look forward to engaging further with the UN Committee on the Rights of the Child through the examination process, including leading a delegation of children and young people to Geneva in February. We hope to see a strong set of recommendations that ensure the UK Government and local decision makers fulfil their obligations in protecting children and young people here.”

What is the UNCRC examination process?

The UK Government signed up to the 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. The Children’s Law Centre will bring a delegation of young people to Geneva to meet with the UN Committee in February 2023.

"I think what young people lack is love. I don't have anybody - my mum's a drug addict, my dad doesn't want me. I feel I don't have anybody" - A young woman in secure care, when asked what support she needed
Click to download the Rights Here, Right Now children and young people’s report

Thank you to everyone who contributed to the reports

The Children’s Law Centre was pleased to lead the sector once again in submitting the Northern Ireland NGO report to the UN Committee on the Rights of the Child. We would like to thank our youth panel, youth@CLC, for helping us develop and submit the Rights Here, Right Now survey and report. We would like to thank the 1,026 respondents to the survey, the 127 children and young people who took part in workshops and the NGOs that contributed to the Stakeholder Report 2 and associated Stakeholder Report 2 Evidence. Finally, we would like to thank Jerome Finnegan of Save the Children for his assistance in developing and analysing the survey and Dr Deena Haydon for her extensive work gathering, analysing and writing up the information presented in these reports.

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