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SEN Reform Agenda and Five Year Delivery Plan: Key Considerations from CLC

10 February 2025
Sam Nelson
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Categories: News

10 February 2025

The Children’s Law Centre (CLC) welcomes the Department of Education’s recently published SEN Reform Agenda and Five-Year Delivery Plan, which aims to improve Special Educational Needs (SEN) provision in Northern Ireland. While this provides an opportunity for progress which must be taken up by all involved in children’s education, CLC holds several critical concerns about how the Department can ensure the plan meets the needs of children with disabilities and special educational needs.

Prioritising Disability Rights and Legal Obligations

One area of concern is that the Department’s use of “SEN” (instead of “SEND”) could potentially make children with disabilities less visible within the policy. Given the fact that inclusion of children with SEND in mainstream is a key driver for this plan, it is crucial that disability rights and equality are at the forefront of the plan, reinforcing clear legal obligations to protect disabled children’s rights.

Funding and Collaboration: The Pillars of Success

Many key actions in the plan are marked as subject to funding, which raises concerns about the sustained investment required to ensure effective implementation. Without the necessary financial and human resources – and meaningful collaboration across services – the reform will struggle to bring about real change. Active involvement from families, teachers and service providers in monitoring the impact of investment will be essential.

Ensuring the Graduated Response Framework Works for Children

The plan introduces a graduated response framework to streamline support processes. However, CLC stresses that this framework must not introduce unnecessary bureaucracy that delays or complicates access to essential support. It must also align with the existing SEND legal framework and statutory Code of Practice to ensure children’s rights remain protected.

The graduated response approach has been taken from a draft revised SEN Code of Practice that was consulted on in 2021 but has yet to complete Assembly scrutiny. CLC is seriously concerned that the graduated response is implementing the draft revised SEN Code of Practice through the back door, with the department having failed to respond to the significant concerns raised previously by CLC and others.

The Need for Proper Consultation and Equality Compliance

CLC is also concerned about whether the Department of Education has fully met its statutory equality duties under Section 75 of the Northern Ireland Act 1998. CLC urges the Department to publish its equality impact assessments and monitoring arrangements.

Additionally, effective consultation with children, families, and service providers must remain a core part of the process. The voices of those directly affected by SEN policies should shape the development and implementation of reforms to ensure they meet needs.

Early Intervention and Capacity Building

For early intervention to succeed, education settings need adequate internal capacity and external support. Special educational provision must be available, accessible, and transparent, ensuring that children receive timely support without facing administrative bottlenecks.

Accountability and Measuring Impact

CLC calls for robust outcomes monitoring and data collection to track the plan’s impact. This includes:

  • Assessing whether schools have the capacity to provide early intervention.
  • Evaluating whether EA pupil support services can meet demand.
  • Measuring how special educational provision improves outcomes for children with SEND.

The Path Forward

CLC will continue advocating for an effective, legally compliant SEND system that upholds children’s rights. The success of this reform will depend on significant and sustainable funding, transparent processes, enhanced co-operation between children’s services providers and a child centred approach which promotes equality of opportunity for children with SEND.

Paddy Kelly Steps Down After 27 Years at the Children’s Law Centre

7 January 2025
Sam Nelson
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Categories: Jobs, News

07 January 2025

Children’s Law Centre (CLC) Director Paddy Kelly has announced she will be stepping down after leading the organisation for over 27 years. Paddy set up the Centre in September 1997 and has led its growth into the leading children’s rights charity in Northern Ireland. Paddy will be leaving the Centre in the best shape it has ever been after an extraordinarily successful career at CLC.

Under Paddy’s leadership, CLC has been instrumental in securing a number of major developments in the protection of children’s rights. This has included the implementation of important recommendations by the UN Committee on the Rights of the Child, such as the establishment of the NI Commissioner for Children and Young People in 2003. Other key achievements include helping secure the Children’s Services Co-operation Act (NI) 2015, ensuring the delivery of a vulnerable child action plan during the pandemic, and more recently, challenging the NI Secretary of State’s 2023-24 ‘Punishment Budget’.

The Children’s Law Centre will now be recruiting for a new Chief Executive Officer to lead the organisation into the future.

Alicia Toal, Chairperson at Children’s Law Centre

Announcing the news, Paddy said: “Establishing and growing the Children’s Law Centre into what it is today has been an amazing journey. It has been a huge privilege to lead the Centre for over 25 years and I’m delighted I can step down with the future of the organisation looking so positive.

“I have been able to lead a team of dedicated and experienced staff over the years and I’m extremely proud of what we have achieved together. Not only have we secured major changes to enhance protections for children, we’ve also changed the lives of tens of thousands of children and young people directly through advice and legal representation.

“I look forward to seeing what the organisation can achieve over the next 27 years.”

Responding to the news, CLC Chairperson, Alicia Toal, said: “I want to express my sincere thanks to Paddy for all her hard work, dedication and commitment throughout the years. The role she played in establishing and growing the Children’s Law Centre has had a real and positive impact on the lives of so many children and young people.

“Paddy has also carefully built the reputation of the Centre over the past years, growing an organisation that can be trusted, relied upon for its expertise and committed to securing changes that will make a real difference. As a result, CLC has a strong reputation among the public, statutory bodies, decision makers, legal professionals and the judiciary. It also has a strong reputation for working with partners in the UK and Ireland, as well as being respected by international experts in children’s rights. None of this would have been possible without Paddy’s drive and commitment to children’s rights.

“The Children’s Law Centre will now be recruiting for a new Chief Executive Officer to lead the organisation into the future. We are working with our recruitment partners at Engage, who will be leading the recruitment process.”

Find out more information on how to apply for the post of CEO.

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Children’s Rights Cannot be an Afterthought for the PSNI

3 December 2024
Sam Nelson
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Categories: News

03 December 2024

A new review of children and young people and policing, published by the NI Policing Board, has highlighted the scale of human rights breaches facing children and young people when in contact with the police.

The report highlights a range of issues of serious concern, repeatedly raised over many years by the Children’s Law Centre, including concerns around uses of force, misuse of police powers, the lack of disaggregated data, issues around arrest and custody arrangements, the practice of strip-searching children, the low age of criminal responsibility and much more.

The report represents the most substantive effort by the NI Policing Board to examine the human rights implications for children of policing practice in Northern Ireland in over a decade.

Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre commented on the report saying:

“This report clearly demonstrates that the foot has well and truly come off the pedal in terms of scrutiny of these issues over the last decade. As a result, when the PSNI should have been embedding human rights protections for children and young people in how they operate, they have instead regressed.

“Increased scrutiny over the last number of years, driven by the Children’s Law Centre and others, has highlighted a growing range of concerns, with children’s human rights too often looking like an afterthought, if at all.

“The Children’s Law Centre welcomes this attempt to catalogue the range of children’s rights issues and breaches. That includes efforts to highlight international obligations and best practice, as well as the views of children themselves. However, and worryingly, the range and seriousness of the challenges which exist are too often not reflected in the final recommendations.

“What is absolutely clear is that significant improvements in policing practices are urgently required. This includes getting back to the core of human rights centred policing, a change of attitude from police towards children and young people, and the need for the PSNI and others responsible for policing, to genuinely listen to the views and experiences of children and young people and act on the concerns they raise.”

CLC Welcomes Ministerial Intervention on Respite

23 October 2024
Sam Nelson
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Categories: News

23 October 2024

Health Minister Mike Nesbitt MLA announces additional multi-year funding to tackle failures in respite services

The intervention follows a recent Spotlight documentary ‘I Am Not OK’

The Minister met with families from the documentary, the Children’s Law Centre and the National Autistic Society on Tuesday 22nd October to discuss the new measures

The Children’s Law Centre has welcomed a Ministerial intervention seeking to address failures in the provision of respite services for children as a first step. The announcement includes an additional £2m in the current financial year and £13m a year in additional multi-year funding.

A solicitor at the Children’s Law Centre who has represented numerous children in legal challenges to secure respite provision has welcomed the announcement, but highlighted the need to see meaningful improvements for children and their families.

Eamonn McNally, a solicitor at Children’s Law Centre, said: “The systemic failures around respite services have been ongoing for years and have had a devastating impact on disabled children and their families. At the Children’s Law Centre we have seen the impact it is having on our clients first hand. We have seen children taken into residential care, family break down and families placed at risk, all because of a failure to provide for the assessed needs of children.

“I want to pay tribute to the families involved in securing this announcement, as well as the work of the National Autistic Society. Their bravery in telling their story, while also battling the everyday challenges they are dealt with must be recognised.

“We want to welcome this intervention by the Minister as a first step. It is now absolutely critical that the trusts use the additional resources effectively and start to deliver meaningful change for children and families. We need to see an immediate impact on the current pressures, as well as long term stability around services. This will require effective accountability mechanisms to scrutinise implementation by the health trusts and ongoing consultation with families affected, as well as pooling of resources between trusts.

“We look forward to continued work with the Minister, his Department and the health trusts to address the current crisis.”

CLC Secures New Funding to Empower Children and Young People

19 July 2024
Sam Nelson
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Categories: News

19 July 2024

The Children’s Law Centre has been awarded a grant of almost £500,000 over the next three years from The National Lottery’s Community Fund. The grant will support a new project called Rights Here, Right Now – Empowering Young People to Know Their Rights.

The funding will enable CLC to continue its direct work with children and young people on rights and capacity building as well as providing advice, support and advocacy to children and young people who cannot access services.

The new Rights Here, Right Now project builds on the work CLC completed with young people in the preparation and completion of the reports submitted to the United Nations Committee on the Rights of the Child (The CRC) in 2022, as part of the UK examination process.

Reflecting on the Concluding Observations published by The CRC last year the project will empower children and young people to know and understand their rights and give them a voice when dealing with duty holders. It will also enable CLC to raise awareness of children’s rights, engage with more children and young people and develop Youth@CLC as peer educators.

Trevor Wright, Head of Operations at the Children’s Law Centre said: “This is exciting news for CLC and it will directly support and empower children and young people. Over the past decade, we have seen a serious regression in rights protections for children and young people.

“Much of CLC’s advice work supports children and young people who are experiencing barriers accessing services in health and education – this is due to a combination of factors, not least the current funding crisis. This is reflected in a 29% increase in calls to our freephone advice line in the last year.

“Through our research completed prior to submitting this application, children and young people told us that they don’t know enough about their rights. In a survey of over 1,000 children and young people conducted by Youth@CLC in 2022, just over half of respondents said they had heard of children’s rights and knew what they meant. This is despite the UK committing to an international obligation to promote children’s rights among young people.

“We are particularly excited that our Rights Here, Right Now project will help us engage with a wider range of children and young people and empower them by knowing more about their rights.

“Only by knowing their rights can young people fully access those rights, challenge decisions that impact on their lives and reach their full potential.

“We would like to thank The National Lottery for supporting children and young people in this way.”

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