CLC Welcomes Progress in Legal Reform for Children with SEND

11 November 2026

The Children’s Law Centre (CLC) has welcomed vital work to amend significant reforms to the Special Educational Needs and Disability (SEND) framework. The work was commenced after CLC and a wide range of supporters intervened in April last year to highlight concerns to the Education Committee about the impact on children with SEND.

The Department for Education and CLC have since worked together on the legal framework to find a significantly improved way forward in setting the foundations for change. This work has secured key legal rights around the specification of provision in statements, recognition of the importance of health interventions which enable educational access and the central role of children and parents in making decisions about special educational provision.

Rachel Hogan BL, SEND Specialist Legal Adviser at CLC said: “Everyone recognises that children with special educational needs and disabilities face enormous barriers from within our education system. For many years we have witnessed the rights of children being infringed because they have not been getting the right support at the right time. 

“It is critical that changes to the SEND framework are effective in addressing those issues. That’s why we have worked constructively with the Department of Education to ensure that is the case.

“We are pleased that we have been provided with the time to support the work of the Department in securing and regulating the rights of children with SEND and that we have been able to reach an agreed way forward. Significant commitments have been made and assurances given by the Department on key areas around the identification, assessment and provision for children with SEND. These were some of the major concerns initially raised by CLC and others who signed our joint letter in April of this year.

“We also want to reassure parents that parental and child input into the assessment and statementing processes has been a focus of our work, making sure the voice of parents and children must be properly considered when decisions are being made. “CLC will continue to work with all interested parties to challenge any erosion of rights that may present, including through the finalisation of the Code of Practice and all of the underlying work of the EA in transforming SEND provision, including the development of Local Impact Teams and Enhanced Support Model which will change the way statements of SEND are written and how SEND provision is delivered.

An open letter was published by the Children’s Law Centre on 22nd April 2026 and endorsed by a broad coalition of trade unions, children’s charities and other organisations, calling for a halt to the implementation of new legal provisions through revised Regulations and a revised Code of Practice.

As part of the Education Committee’s scrutiny, the Regulations were paused to enable detailed technical work to ensure security of children’s legal rights. CLC has worked intensively with the Department on the content of the regulations and this joint engagement is now complete. The next step is for the Education Committee to decide whether it will recommend that the regulations proceed to the Assembly for approval and onwards to implementation.

Child Law Network Hosted in Belfast

24th September 2026

For the first time, the Children’s Law Centre (CLC) hosted the Child Law Network in Belfast, bringing together children’s legal organisations, academics, practitioners and advocates from across the UK and Ireland to reflect on one of the most important questions facing children’s justice systems; when should a child become criminally responsible?

The event, ‘Childhood on Trial: Reflecting on the Age of Criminal Responsibility from Across the UK and Ireland’, was delivered by CLC on behalf of the Child Law Network, in partnership with the Centre for Children’s Rights at Queen’s University Belfast and the Ten is Too Young Coalition.

Efforts to raise the age of criminal responsibility is a long-standing global children’s rights issue, with UK and Ireland children’s organisations consistently calling for the age to be raised to improve outcomes for children in conflict with the law. Current ages across the UK and Ireland range from 10 to 12 years old, some of the lowest in the world.

A conversation Grounded in Evidence

The event was opened by Professor Bronagh Byrne, Director of the Centre for Children’s Rights at Queen’s University Belfast and John O’Doherty, Chief Executive of the Children’s Law Centre.

The first panel, chaired by Professor Byrne, considered the evidence for change, bringing together perspectives from criminology, forensic child and adolescent psychiatry and community practice.

Dr Mary-Louise Corr, Dr Phil Anderson, Dr Kate Laverty and Pete Wray explored the evidence behind calls for reform, including what we know about children’s development, the circumstances in which children come into contact with the justice system and approaches that can better respond to children’s needs.

Learnings from Other Jurisdictions

Fergal McFerran, CLC’s Policy and Public Affairs Manager, chaired a series of presentations and discussion exploring developments across the UK and Ireland.

Niamh McCormack of the Irish Penal Reform Trust provided a perspective from Ireland, where the age of criminal responsibility is generally 12, with exceptions for certain serious offences involving children aged 10 and 11. Ireland raised its age from seven to 12 in 2006.

Scotland provided another important point of comparison. Its age of criminal responsibility was raised from eight to 12 under the Age of Criminal Responsibility (Scotland) Act 2019, which was fully commenced in 2021. A Scottish Government review of the operation of the legislation was published in December 2025.

The event heard from Professor Lesley McAra and Alison Reid on Scotland, Shauneen Lambe of the Youth Justice Legal Centre on England, and Dr Rhian Croke of Children’s Legal Centre Wales. In England and Wales, the age remains 10.

The different experiences provided an opportunity to look beyond the question of the age itself and consider what happens when the law changes. What systems are needed to support children? What alternatives to criminalisation are available? What evidence can tell us about the impact of reform?

Northern Ireland: Majority Secured, Progress Failed

Northern Ireland recently debated whether to raise the age of criminal responsibility after decades of campaigning from leading children’s organisations.

Recommendations to raise the age had been included repeatedly in the UN Committee on the Rights of the Child’s concluding observations and then in the Youth Justice Review of 2011. In 2022, the Department of Justice consulted on a proposal to raise the MACR from 10 to 14, following a report ‘Tracing the Review: Developments in Youth Justice in Northern Ireland 2011-2021’ drafted by Dr Siobhán McAlister and Professor Nicola Carr.

In 2026, led by the Ten is Too Young Coalition, calls were renewed for the age to be raised to 16, without exceptions, as part of Northern Ireland’s justice bill. The bill provided a significant opportunity for change, with a number of amendments tabled during its consideration, including proposals to raise the age to 12, 14 and 16, with different approaches to exceptions.

While an amendment seeking to raise the age to 14 with some exceptions found majority support, a veto mechanism called the petition of concern was deployed to block any legislative change. The Ten is Too Young Coalition called the use of the veto an abuse of the mechanism.

Bringing the Conversation Together

The Child Law Network exists to strengthen collaboration between organisations working on children’s legal rights. Its members include leading children’s legal organisations from across the UK, working together to promote best practice, influence policy and law, identify opportunities for strategic litigation and develop cross jurisdictional learning.

CLC and the Centre for Children’s Rights at Queen’s University Belfast were delighted to host the network in Belfast. It provided an opportunity to bring different experiences together at a significant moment for children’s rights in Northern Ireland.

The event closed with reflections from Chris Quinn, the Northern Ireland Commissioner for Children and Young People.

Children Need Rights, Not Bans 

23 June 2026

Written by Emma Murray, Policy and Public Affairs Officer at the Children’s Law Centre

Reframing the Debate

Public debate about children and the digital world constantly swings between two poles: protection and participation.  But from a children’s rights perspective, both are equally important, and policymaking must move beyond this unhelpful binary. 

The UK Government’s recent consultation on growing up in the online world recognised both elements of this, acknowledging the risks children face as well as the benefits they gain from digital participation. Yet the announcement of a social media ban for under-16s is a much less nuanced approach. 

While it is right to recognise the harm children face, if the problem lies with social media platforms, then the solution must be to make those environments safe, not to exclude young people from them. Resorting to reductive, blanket restrictions in isolation is a hallmark of fearful, reactionary policymaking.  

Over the past six months, I have worked with our youth advisory panel, Youth@CLC, on issues relating to their digital rights. Their message is clear: young people’s online lives are complex, interconnected and deeply embedded in their social worlds. Any policy response that flattens this undermines positive efforts to ensure both participation and protection. 

The current debate is stuck in an unhelpful binary. A rights-based, young people centred approach is essential for countering this and enacting meaningful change. 

Challenging the Binary Approach

Proponents of bans insist that shielding children form harmful content is the only responsible path. Opponents counter that bans undermine children’s rights to information, expression, connection and play. 

The central question that runs through this debate is whether we should protect children online or empower them to freely explore the world around them. But this binary is false. 

Children and young people should be able to access digital spaces and be safe while doing so. In fact, regardless of age, we all deserve online spaces free from violence, harassment, and unwanted content. Addressing harms requires an approach to digital environments that upholds safety and dignity while enabling full, meaningful participation. Protection and participation are not competing priorities, and policies that treat them as such miss the point entirely. 

Political Expediency, Moral Panic and the Rush to Regulate

To understand why restrictive and blanket measures are gaining traction, we must consider the wider political and cultural context. Currently, policymaking around children’s technology use is being shaped by political expediency, media driven moral panic and a desire for quick, visible action.  

While governments are right to respond to online harms, the speed at which bans are being proposed risks oversimplifying a highly complex issue. In focusing primarily on restricting access to digital spaces, these approaches fail to adequately grapple with the full range of issues shaping children and young people’s online experiences, including the wider social, economic and structural factors that influence wellbeing.  

Policymakers are over relying on child protection narratives, echoing historical patterns like book bans, abstinence-based sex education, or anti-LGBTQIA+ policies. These approaches have always been rooted in fear rather than evidence and desperately need to be counteracted.  

Experts working at the intersection of technology and children’s rights have identified that the current discourse surrounding children’s technology use has been significantly influenced by Jonathan Haidt’s book The Anxious Generation, which argues that smartphones have created a mental health crisis in children and young people as they ‘rewire’ children’s brains. 

However, as has been widely pointed out by those in the field of adolescent psychology, Haidt is not an expert on child development or online harms, and his claims have been widely challenged for sensationalism and reactionary undertones. Research consistently shows that structural issues such as poverty, inequality and access to services, have a far greater impact on wellbeing than technology alone. 

This is not to suggest that use of digital technologies and social media are not having an impact on young people’s wellbeing. Rather, policy responses are relying on an overwhelmingly negative and one-dimensional picture of young people’s online lives. 

However, research from Dynamic Interplay of Online Risk and Resilience in Adolescence (DIORA) found that being online is seen as having just as many, if not more, positive effects than negative by young people. Yet restrictive policies continue to emerge, often without sufficient consideration of proportionality, evidence, or unintended consequences for children’s rights. 

The pattern is similar across the world. Academics at the University of Sydney found that support for Australia’s social media ban was heavily influenced by sustained media coverage, high profile publications such as Haidt’s book and parent led advocacy campaigns that called for a ban.  

Researchers concluded that the media’s behaviour met the criteria for a moral panic, reinforcing narrow constructions of childhood and creating a supportive environment for age-based restrictions. This constrained alternative policy approaches that could have better accounted for the diversity of young people’s experiences and maturity, and offer ways to create safer online environments for everyone. 

Meanwhile, political focus on online safety is increasingly divorced from young people’s wider lived realities, which risks distracting from the broader policy failures that significantly impact children’s wellbeing. Persistent cuts to education, mental health services, youth provision and social care continue to shape young people’s experiences and opportunities, yet these issues are receiving far less political attention than calls for social media bans. 

Why a Rights Based Approach Matters

A children’s rights-based approach offers a more comprehensive way to assess the impact, effectiveness and appropriateness of social media bans. It requires policymakers to consider the full range of children’s rights and recognise that no right exists in isolation or is inherently more important than another. This will help move discussions beyond moral panics and politically expedient responses towards more evidence based, proportionate, effective, and nuanced policymaking.  

The UN Convention on the Rights of the Child (UNCRC) sets out a wide range of rights that apply equally online and offline, including: non-discrimination, freedom of expression, privacy, access to information, protection from violence, education and play, leisure and culture. 

The UN Committee on the Rights of the Child’s General Comment No.25 on children’s rights in the digital environment reinforces this. States who have ratified the Convention – as the UK did in 1991 – must protect children from harm without imposing overly restrictive measures that limit participation, expression, or access to information. 

Instead, governments should focus on creating safer digital environments, improving digital literacy, ensuring platform accountability, and addressing structural inequalities that shape children’s experiences online. Critically, General Comment No.25 states the importance of involving children and young people in the development of legislation, policies, programmes, services and training in relation to the digital environment. 

A rights-based lens makes clear that “ban-solutionism” (the assumption that restricting or banning access will resolve online harms) is not the answer. It oversimplifies the problem, drives harmful behaviour further underground and away from support, and heightens the risk of violating children’s rights. 

Designing Solutions with Children and Young People

The most important – and most overlooked – element of effective digital policy is listening to children and young people. Child rights and digital rights experts have repeatedly stated that the best approach to addressing the crises that young people face is to simply ask them. Children are not passive or disempowered; they know what works, what doesn’t and what needs to change. 

Article 12 of the UNCRC states that children have the right to share their views and have those views given due weight in all matters affecting them. This is a cornerstone of the UNCRC and applies to all aspects of policy and all levels of decision making. 

Across all my conversations with Youth@CLC on their digital rights, they have repeatedly highlighted how adults dismiss their views. As one member put it:  

“There’s a lot of hypocrisy on this. Young people have a better awareness of how much social media and online activity plays a role in real world activities. We understand the benefits and opportunities, and how much online stuff facilitates our real lives. It’s so interchangeable at this stage and is such a big part of our lives. We need to learn to live with it and use it responsibly. And young people already do use it responsibly, and have the skills to do so, much more so than adults do. They just need to actually listen to us.” 

Too often, even when adults acknowledge children’s views about the online world, it’s followed by doubt about whether young people really know what’s best for them. Yet young people are skilled navigators of digital spaces, often far more fluent than the adults making decisions on their behalf. Their lived experience means they are uniquely placed to judge whether proposed changes to technology policy are useful and workable. 

Where Do We Go From Here?

Although the decision on a social media ban for under 16s has already been announced in the UK (we’re yet to see if it survives a change in Prime Minister), debates about children’s online lives will continue. We can continue down the path of fear driven, restrictive policymaking, or we can choose a rights-based, evidence informed, young person-centred approach that recognises the complexity and diversity of children’s digital lives.  

Young people deserve policies that reflect their lived realities, respect their rights and support their ability to participate safely and meaningfully in digital spaces. Protecting young people and upholding their digital rights are not competing aims; effective policy must do both. That means resisting moral panics, challenging simplistic narratives, developing evidence-based responses that address root causes of harm, and, above all, listening to children and young people. 

For a more in-depth exploration of young people’s experiences of the digital environment, read the write up of Youth@CLC’s participation in the UN’s “Our Digital World, Our Say” consultation. You can also read their policy recommendations in their response to the UK Government’s consultation on ‘Growing Up in the Online World’.

Coalition Expresses ‘Deep Disappointment’ Over Use of Petition of Concern During Age of Criminal Responsibility Debate

15 June 2026

The Ten is Too Young Coalition, made up of children’s rights organisations and community and voluntary sector groups working directly with children and young people, expressed profound disappointment that the amendments to the justice bill seeking to raise the age of criminal responsibility have been scuppered by the use of a Petition of Concern.

“It is therefore incredibly disappointing that the Petition of Concern was used to block the tabled amendments. The triggering of a Petition of Concern in this context represents a misuse of a mechanism designed to protect minority rights. It should not be used to block progress on fundamental issues facing disadvantaged children and young people.”

MLAs in the Northern Ireland Assembly chamber were debating a range of amendments to the Northern Ireland Justice Bill that would likely see the age of criminal responsibility raise to the highest in the UK and Ireland. A vote was expected to take place on Tuesday 15th June. However, on the evening of Monday 14th June, a group of 30 MLAs tabled a mechanism called a Petition of Concern to block progress.

The Petition of Concern is a measure that was designed as a way to safeguard minority rights in Northern Ireland’s power sharing assembly. The Ten is Too Young Coalition described the use of the petition in this case as “incredibly disappointing” and “a misuse of a mechanism designed to protect minority rights”.

The coalition said: “Reforms to increase the age of criminal responsibility would be a step forward to deliver real and lasting change in Northern Ireland by addressing our unacceptably low age of criminal responsibility and ensuring alignment with international children’s rights standards.

“The evidence indicates that early intervention, support and diversion are more effective at reducing harm than criminalising children at a young age. Raising the age of criminal responsibility represents a logical and evidence based step in strengthening long term community safety.

“It is therefore incredibly disappointing that the Petition of Concern was used to block the tabled amendments. The triggering of a Petition of Concern in this context represents a misuse of a mechanism designed to protect minority rights. It should not be used to block progress on fundamental issues facing disadvantaged children and young people.

“To continue to criminalise children as young as ten is unacceptable. Our children deserve a system that recognises their developmental capacity, upholds their rights and allows them to learn from mistakes without being criminalised. Approaches must continue to be prioritised that reduce reoffending, prevent future victims and give children the chance to turn their lives around.

“We would urge the MLAs who used the Petition of Concern in this case to seriously reconsider. It will be our most disadvantaged children and young people who pay the price.”

The Ten is Too Young Coalition is made up of:

  • The Children’s Law Centre
  • Children in Northern Ireland
  • Include Youth
  • NIACRO
  • The Northern Ireland Commissioner for Children and Young People
  • Voice of Young People in Care (VOYPIC)

For more information on the campaign, visit https://tenistooyoung.com/

Social Media Ban Risks Increasing, Not Reducing, Online Harm

15 June 2026

The Children’s Law Centre has said that the announcement of a social media ban for under 16s risks increasing, not reducing, online harm. While concerns about safety are real, blanket bans ignore the root causes of harm, potentially push children into less regulated spaces and make them less likely to seek support. 

Emma Murray, Policy and Public Affairs Officer at the Children’s Law Centre said: “The UK Government has also failed to meaningfully engage with children and young people ahead of this announcement. The views of children and young people must not be ignored when making a decision that affects their lives. Throughout our engagement with children and young people, including our youth panel Youth@CLC, young people have clearly stated that the onus should be placed on platforms to protect children and young people, rather than using the blunt tool of a blanket ban. 

“A blanket ban does not reflect the complexity of children and young people’s online lives. The digital world is both a vital space for creativity, learning, identity and connection, while also being marked by inequality and risk. Ignoring this dual reality ignores children’s lived experiences. 

“Participation and protection are not competing priorities. Approaches grounded in safety by design, platform accountability and co-design with children and young people can deliver both.  

“CLC envisions an online world where children are not excluded or restricted. The UK Government should therefore seek to ensure that children are able to participate in the digital world safely, confidently, and with the complete range of their rights fully realised.”