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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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Children Across the Island of Ireland Give Their Views on Brexit

25 April 2024
Sam Nelson
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Categories: News

25 April 2024

A new report titled Listen Up! Children’s Voices on the Future reveals how children and young people across the island of Ireland feel about the uncertainty surrounding Brexit and how they can participate in decisions affecting their lives, their community and wider society.

The research was commissioned by the Children’s Law Centre and Children’s Rights Alliance and involved consultations with children and young people from a range of backgrounds across both jurisdictions on the island of Ireland.

Alongside Listen Up!, a detailed legal analysis on The Post-Brexit Legal Framework was be published. This research was carried out by Professor Helen Stalford and Professor Michael Dougan from the University of Liverpool and highlights the implications of the Framework for Children’s Rights on the Island of Ireland.

Key Findings of the Listen Up! report

  • Participants unanimously agreed that the decision to leave the EU was ‘not a good thing’.
  • Young people had contrasting perceptions on the peace and stability of Northern Ireland post- Brexit. For many young people living in Ireland there was an underlying apprehension that Brexit would be a catalyst for a return to conflict in Northern Ireland. Participants in Northern Ireland thought it unlikely that things would get worse, however, they were aware of a range of negative effects such as receiving goods, paramilitary activity, and general political unrest.
  • The view that racist attitudes were increasingly noticeable and, with many families no longer feeling able to stay in the UK post-Brexit. These views were also reflected in the young people’s experiences of not feeling wanted and navigating language and cultural barriers.
  • Some young people voiced their feelings on what it means to be Irish and the role of the Irish Language as a strong feature of Irish identity. Many feared the loss of the language and expressed a need for more opportunities for immersive learning.

Speaking on the launch of the report, Fergal McFerran, Policy and Public Affairs Manager, Children’s Law Centre said:

“The young people highlighted in the report are very clear in their understanding of all of the big challenges facing us locally, regionally and globally.

“In relation to Brexit, many of the young people highlighted their concerns around heightened tensions, xenophobia and deteriorating community relations as a result of Brexit. They also articulated a sense of frustration at the way in which the media and politicians characterised post Brexit arrangements.

“The key takeaway is that the young people have clear views and many felt the impact of Brexit, yet they weren’t consulted on it. Major decisions like this cannot be taken without asking children and young people for their views.”

It is clear that children are not blind to the moral questions surrounding the big-ticket social issues that affect their lives in the here and now, and the research signals the need for children’s views to be given further consideration as we look to the future of children’s rights on the island of Ireland.

Tanya Ward, Chief Executive of the Children’s Rights Alliance added:

“The research also demonstrates how bigger social and political issues permeate through all levels of society. We hear from very young children who are aware of the wider global narrative and are very conscious of the experiences of their friends and their community. Yet, children and many young people did not get the opportunity to vote in a decision that immediately and irrefutably changed their lives. While we may be through the critical negotiations, governments in both jurisdictions have a long road ahead navigating the impact of Brexit. It is essential that young people are given the opportunity to shape it as the next generation who will need to carry this responsibility.”

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Children’s Law Centre Says: “Punishment Budget Must Never Happen Again”

22 January 2024
Sam Nelson
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Categories: News

22 January 2024

A legal challenge, taken by the Children’s Law Centre relating to the Secretary of State’s 2023/24 budget will be heard in Belfast’s High Court on Monday 22 January for a leave hearing.

Speaking ahead of the hearing, and in advance of the next budget setting process, the Centre’s Policy and Public Affairs Manager has warned that a repeat of the 2023/24 so called punishment budget cannot happen again.

Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre, said:

“The impact of the Secretary of State’s punishment budget was plain for everyone to see. The Children’s Law Centre, along with a wide range of other voices, consistently warned about the impact it would have on children and young people, particularly those who are most disadvantaged.

“Ourselves, the wider voluntary and community sector and even the United Nations Committee on the Rights of the Child repeatedly called on the Secretary of State to rethink the 2023/24 budget and protect children from harm. Unfortunately, those concerns were ignored and we were left with no option but to take legal action.

“We are taking this challenge to ensure children and young people are protected from harm when budget decisions are being made. We must ensure the legal process for doing that is followed, regardless of who sets the budget.

“We are now facing the prospect of another grim budget setting process. We want to be as clear as possible – a repeat of the so called punishment budget must never happen again.”

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Solution to the Political Crisis Must be Found ‘Without Further Delay’

21 November 2023
Sam Nelson
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Categories: News

21 November 2023

Mr Bragi Guðbrandsson, Vice Chairperson of the UN Committee on the Rights of the Child has highlighted the need for the restoration of the Northern Ireland Executive ‘without further delay’. Mr Guðbrandsson addressed the lack of local decision making when delivering the Children’s Law Centre Annual Lecture 2023 at the Royal Courts of Justice in Belfast.

The lecture covered a number of key areas where children and young people’s rights are not being fulfilled. This included relationship and sexuality education (RSE), uses of force on children, restraint and seclusion, the treatment of refugee and asylum seeking children, academic selection, the age of criminal responsibility, child abuse, child sexual exploitation and child poverty.

Watch a live recording of the lecture

Download a copy of Mr Guðbrandsson’s lecture

Mr Guðbrandsson also repeatedly referenced the 2023/24 budget for Northern Ireland.

During the lecture, Mr Guðbrandsson said:

“The lack of progress in legislation being brought forward and delays implementing existing legislation and strategies to improve children’s lives in Northern Ireland require a solution to the political crisis in Northern Ireland without further delay.”

Mr Guðbrandsson referenced the committee’s recommendation on the 2023/24 budget for Northern Ireland a number of times during the lecture, saying:

“To my knowledge, no steps have been taken in Westminster to revise, yet alone withdraw the budget for Northern Ireland or to take any serious steps to mitigate any adverse impact on the most vulnerable children.”

He continued by reflecting on the current context facing children and young people:

“Alarming rates of child poverty, a profoundly difficult economic context, lack of financial support to meet the true cost of living, the complexity of the impact of the Covid-19 pandemic still not fully known – all compounded by a budget which failed to give any hope of meaningful intervention.”

Mr Guðbrandsson concluded his lecture by repeating the need for the restoration of local decision making:

“While there has no doubt been progress in some areas, we have regrettably concluded that a vast number of children are being let down because of the continued failure to implement key measures and protections as laid out in the UNCRC.

“At the risk of some you may find I am using too strong words, I have argued that children and young people in NI are facing crisis in terms of lack of progress and even push-backs in crucial clusters of rights embodied in the UNCRC. I have repeatedly said in my speech that the prerequisite for overcoming the hindrances I believe that as a matter of urgency… Northern Ireland needs to regain its executive and legislative power”.

The Children’s Law Centre Annual Lecture 2023 took place on Tuesday 21 November, at The Inn of Court, Old Bar Library, Royal Courts of Justice, Belfast.

Watch a live recording of the lecture

Download a copy of Mr Guðbrandsson’s lecture

Key issues raised include:

  • Lack of NI Executive
  • Brexit
  • Academic selection
  • Relationship and Sexuality Education (RSE)
  • Lowering the voting age to 16
  • Uses of force on children, including strip searches, spit and bite hoods and stop and searches
  • Corporal punishment
  • Child friendly and multiagency response to child sexual abuse
  • Implementation of recommendations from the Gillen Review
  • Lack of a childcare strategy
  • Restraint and seclusion
  • Child and Adolescent Mental Health
  • Child poverty
  • Refugee and asylum seeking children
  • The minimum age of criminal responsibility
  • The environment

The committee’s concluding observation on the 2023/24 budget reads: “Withdraw the budget for Northern Ireland for the period 2023–2024 and fully consider the equality and human rights implications for a new budget, taking all possible steps to mitigate any adverse impact on children’s rights before issuing a revised budget.”

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