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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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Action Needed to Embed Human Rights Compliant Policing

2 July 2024
Sam Nelson
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Categories: News

02 July 2024

The Northern Ireland Policing Board has today published its ‘5 Year Human Rights Review’. The initial summary report demonstrates a need to properly embed human rights compliance within frontline policing. It also highlights that, of the 119 previous recommendations made by the Board over the last five years, only 24 have been implemented by the PSNI.

A number of the key issues mentioned in the report relate to work that the Children’s Law Centre has consistently raised in relation to the policing of children and young people. These include:

  • The misuse and abuse of stop and search powers
  • Strip searching of children and young people in custody
  • Uses of force, including the use of spit hoods on children and young people

Speaking after the report was published, Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre, commented: “The Children’s Law Centre has consistently raised our concerns in relation to a number of areas of policing policy and practice. These have included serious breaches of human rights standards that have been criticised by the United Nations Committee on the Rights of the Child.

“While the summary report claims that the PSNI is human rights aware, the Children’s Law Centre agree with its additional assertion that the PSNI has some distance to go to be truly human rights compliant. That must include a better record in implementing recommendations from the Policing Board, as well as implementing recommendations from international human rights experts.”

Mr McFerran continued: “We welcome that a number of the issues raised by CLC over the past years have been referenced in the summary report. This includes the use of spit hoods, strip searches of children in custody and stop and search.

It is particularly encouraging to see that the ‘Human Rights Review of Children and Young People: Strip Searching in Police Custody’ is recognised as having a significant impact on policing practice. The Children’s Law Centre fought hard to secure this review and will continue to scrutinise the PSNI on the issue.

“However, it is disappointing that previous Board recommendations around spit hoods were ignored. The misuse and abuse of stop and search powers also continues, with the report recognising issues around the low outcome rates and the damaging impact on community relations, as well as the impact on trust in the police by children and young people. The PSNI should also finally get to grips with their duty to record and report community background data.

“Children and young people must be seen as rights holders and the PSNI should act to deliver a policing approach which truly respects and fulfils the human rights of our young people.”

The NI Policing Board’s report can be found at https://www.nipolicingboard.org.uk/publication/human-rights-5-year-review

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Child Rights Experts “Very Concerned” by PSNI Use of Force Statistics

19 June 2024
Sam Nelson
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Categories: News

19 June 2024

The Children’s Law Centre has expressed grave concern at the latest PSNI use of force statistics for the period April 2023 to March 2024. The statistics highlight how spit hoods have been used on children, including at least once on a child under the age of 13.

There has also been a sharp increase in the use of plastic bullets, with child rights experts highlighting the severe risk they pose to children and young people.

The Children’s Law Centre has pointed to the latest concluding observations and recommendations from the UN Committee on the Rights of the Child that call for measures to ‘explicitly prohibit, without exception, the use of harmful devices including spit hoods, plastic bullets, attenuating energy projectiles and other electrical discharge weapons against children.

Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said: “These latest figures from the PSNI continue to leave us very concerned about significant rights breaches on children and young people who have been in contact with the police.

“The increased use of spit hoods on children is particularly worrying, especially as explicit guidance exists which sets out a presumption they should not be used on children at all.

“While there appears to be a lower number of individual children subject to force by the PSNI compared to last year, it is worrying that the figures seem to indicate that more children have been subject to multiple types of force.”

Mr McFerran continued: “It is also important to note what is missing from the statistics. They have not been fully disaggregated by the characteristics protected by Northern Ireland’s equality laws, such as community background and disability.

“The Children’s Law Centre has long-held concerns that uses of force disproportionately impacts children with additional needs, care experienced children and children from disadvantaged backgrounds.

“These latest statistics represent clear breaches of children’s rights and we will continue to raise our concerns with the NI Policing Board.”

Paddy Kelly, Director at the Children’s Law Centre said: “The sharp increase in the use of plastic bullets is shocking. The dangers posed to children by the use of plastic bullets has been clear for a very long time. Indeed, the tragic death of eight children due to plastic bullets is evidence enough.

“The Northern Ireland Policing Board should, as a matter of urgency, ensure the PSNI end the use of Plastic Bullets against children in compliance with the UN Committee on the Rights of the Child’s repeated recommendations.”

Claire Kemp, Policy Officer at the Children’s Law Centre added: “The overuse of Stop and Search powers on children and young people also continues, with 2089 children stopped and searched in the last reporting year, including 56 children aged 12 or under. Of the 2089 children stopped, 74 were subsequently arrested – equating to just 3.7% of an outcome rate.”

The latest use of force statistics can be found at https://www.psni.police.uk/about-us/our-publications-and-reports/official-statistics/statistics-police-use-force

In January 2023, the NI Policing Board published a Human Rights Review of the PSNI’s Use of Force following calls from the Children’s Law Centre and human rights organisations.

The most recent stop and search statistics can be found at https://www.psni.police.uk/about-us/our-publications-and-reports/official-statistics/stop-and-search-statistics

The UN Committee on the Rights of the Child’s concluding observations can be found at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FGBR%2FCO%2F6-7&Lang=en (the recommendation on the use of spit hoods and plastic bullets is at 30(a) on page 9 of the report.

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