Rights Here, Right Now: Young People Using Children’s Rights for Positive Change

Event
Saturday 23 September 2023
1:30pm – 5pm
Ulster University, York Street, Belfast

To book, email claire@childrenslawcentre.org

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The UN Committee on the Rights of the Child in Geneva recently told the Government that it needs to do more to make sure all children and young people enjoy their rights and achieve their full potential. The UK Government has to listen to the Committee’s advice because it signed up to the UN Convention on the Rights of the Child in 1991.

The Committee’s advice to the UK Government (including the NI Assembly) was influenced by the views and experiences of over 1000 children and young people in Northern Ireland. This included a delegation of children and young people from Northern Ireland who met with the Committee directly in Geneva.

Seven leading organisations have organised an event for children and young people to discuss and learn more about the recent concluding observations and recommendations from the UN Committee on the Rights of the Child.

Decorative image of children holding hands, with text reading "Concluding Observations: Summary for Children and Young People". Click on the image to download the summary document.

The event will also give children and young people a chance to question a panel of people in key roles who are responsible for making decisions that impact on children and young people’s lives.

If you, or any of the children and young people you work with, are interested in attending the event, or you would like more information on the event details, please contact claire@childrenslawcentre.org

The Children’s Law Centre have also produced a children and young people’s summary document of the UN Committee’s concluding observations. Alongside this, a teaching resource has been produced to help children and young people better understand the UN Convention on the Rights of the Child, the concluding observations and the importance to children’s lives.

Decorative image of a megaphone with overlay text reading: "Change Makers - Resource for teachers and youth workers". Click on the image to download the teaching resource.

The event is being organised by:

The event is kindly being hosted by Ulster University.

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CLC Joins Call for Children to be Heard in Covid Inquiry

14 August 2023

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The Children’s Law Centre has joined calls for children to be given a voice as part of an inquiry into Covid.

The letter was published by Save the Children, Just for Kids Law and the Children’s Rights Alliance England. It was signed by over 40 leading children’s experts.

The letter calls for four commitments from the Chairperson of the inquiry. This includes publicly committing to hear directly from children about their experiences during the pandemic. In particular, this should include disadvantaged children who suffered disproportionately.

Decorative image with pull quote from the letter. Reads, "Children are nearly a quarter of the population. This is not a nationwide listening exercise without them."

Full text of the letter reads:

‘EVERY STORY MATTERS’

To the Chair of the Inquiry,

We are writing as representatives of organisations which supported children, young people and families throughout the Covid-19 pandemic or advocated for their rights and academics specialising in this field. We believe that the Covid-19 inquiry must listen to the experiences of children and young people, so that through the Inquiry we are able to learn about how to prioritise children’s rights and wellbeing in future crises. We know that you are personally committed to this, as you have repeatedly stated in the Inquiry’s hearings so far.

The past few weeks have seen both the first public hearings in the Inquiry’s first Module and the launch of Every Story Matters (ESM). We are writing to express our increasing and ongoing concern about the absence of a clear and public strategy and approach for listening to children and young people, especially those who experience inequalities or discrimination. In order to address these concerns, we make some specific recommendations which draw on our collective experience in working with children and young people in ways which are empowering, safe, trauma-informed and can lead to lasting, positive change.

The recent advertising campaign for Every Story Matters (ESM), and the accompanying website emphasises that all stories are important, and al I stories should be told by those who wish to tell them.

But not children’s stories.

Just for Kids Law, the Children’s Rights Alliance for England and Save the Children have been repeatedly raising their concerns about the participation of children for the past nine months in their role as Core Participants in the Inquiry.

Despite this, and months of planning, ESM has been launched without a plan for how to involve children. Neither the website nor the advertising campaign makes any mention that this is an adult only activity. It is only when children attempt to fill in the webform that they will be met by this message:

“You must be aged 18 or over to use this form. The Inquiry is aware of the importance of understanding the experience of young people during the pandemic. The Inquiry is currently designing an effective way of engaging with children and young people and will provide updates on our website and social media.”

There is no direction or explanation of what a child reading this is then supposed to do with their experience. Children are nearly a quarter of the population. This is not a nationwide listening exercise without them.

Dame Sally Davies, the Chief Medical Officer between 2010-2019, has given evidence to you during Module 1’s public hearings, about the damage she has personally witnessed to children as a result of lockdown and the closure of schools 1:

“We have damaged a generation and it is awful[. … }, watching these young people struggle; and I know in the pre-school they haven’t learned how to socialise and play properly, they haven’t learned how to read at school. We must have plans for those.”

In this Inquiry you will be considering those plans that Dame Sally referred to, and how we protect future generations of children from suffering a repeat of the damage that was inflicted on our children when the next pandemic happens. You will need to hear stories from children to fully understand that damage, socially, mentally and academically and to hear what they have lost. You will also need to hear about their positive experiences, the examples of effective interventions and what we can learn from what worked well for children. You have made a commitment to put inequalities at the heart of the Inquiry and children who also experience inequalities and discrimination in addition to being a child, may be the most difficult to reach, but are also the most important to hear from.

We write now to call on you to make four public commitments:

First, in line with your commitment that the Inquiry will focus on inequalities, that you make a commitment to hear from children, and in particular from those who have suffered the most, that is those who come from disadvantaged background or experience other inequalities or discrimination.

Second, that the exercise is carried out in a manner that is appropriate, child-focused and trauma- informed, taking into account best practice for children’s participation. To this end the exercise should be carried out by an expert partnership with academic participatory research expertise, together with a support partner able to offer trauma-informed care, together with local community organisations with roots and credibility in particular communities which experience inequalities and discrimination.

Third, that the Inquiry set out the clear purpose of this exercise with a commitment that the findings from this research will directly inform the scope of the children’s module. The Inquiry should publicly set out how children’s voices have influenced lines of inquiry once the research has been conducted.

Finally, there needs to a be a published update on the Inquiry’s website as to how and when the Inquiry will listen to children.

Quite simply all of those under 18 who wish to participate in the Covid-19 inquiry are entitled to know when and how their stories will be heard. We ask that you tell them.

SIGNED:

  • Dan Paskins, Director of UK Impact, Save the Children Fund
  • Louise King, Director, Children’s Rights Alliance for England, part of Just for Kids Law
  • Saqib Deshmukh, Interim Chief Executive, Alliance for Youth Justice
  • Emma Rigby, CEO, Association for Young People’s Health
  • Joseph Howes, CEO, Buttle UK
  • John Galloway, Member, The Campaign for State Education (CASE)
  • Professor Cath Larkins, Co-Director, The Centre for Children and Young People’s Participation, University of Central Lancashire
  • Professor Tony Bertram, Director, Centre for Research in Early Childhood (CREC)
  • Professor Chris Pascal, Director, Centre for Research in Early Childhood (CREC)
  • Amy Whitelock Gibbs, Chair, The Children and Young People’s Mental Health Coalition
  • Kathy Evans, Chief Executive, Children England
  • Dr Judith Turbyne, Chief Executive, Children in Scotland
  • Paddy Kelly, Director, Children’s Law Centre
  • Stephen Kingdom, Campaign Manager, Disabled Children’s Partnership
  • Melian Mansfield, Chair, Early Childhood Forum
  • Patricia Durr, CEO, ECPAT UK
  • Sarah Thomas, CEO, The Fostering Network
  • Sereena Keymatlian, Director, Haringey Play Association
  • Andrea Coomber KC (Hon.), Chief Executive, The Howard League for Penal Reform
  • Ali Fiddy, CEO, IPSEA (Independent Provider of Special Education Advice)
  • Katie Fennell, National Coordinator, KIND UK
  • Fiona Sutherland, Director, London Play
  • Silvia Hurtado, Director, The Markfield Project
  • Anna Skehan, Supervising Solicitor and Legal Practice Lead, MiCLU (Migrant and Refugee Children’s Legal Unit) Islington Law Centre
  • Dr Nick Owen, MBE, CEO, The Mighty Creatives
  • Anna Feuchtwang , Chief Executive, National Children’s Bureau (NCB)
  • Phil Kerry, CEO, New Horizons Youth Centre
  • Zahra Bei, Co-Founder, No More Exclusions
  • Sir Peter Wanless, CEO, NSPCC
  • Rita Waters, Group Chief Executive (England and Wales), NYAS (National Youth Advocacy Service)
  • Moira Sinclair, Chief Executive, Paul Hamlyn Foundation
  • Ingrid Skeels and Alice Ferguson, Co-Directors, Playing Out
  • Julie Randles, CEO, Power2
  • Bill Badham, Co-Director, Practical Participation
  • Sherry Peck, CEO, Safer London
  • Dr Caron Carter, Senior Lecturer in Childhood & Early Childhood Education & Postgraduate Research Tutor in Education, Sheffield Hallam University
  • Professor Alison Clark, Honorary Senior Research Fellow, Thomas Coram Research Unit, UCL Yvonne MacNamara, CEO, The Traveller Movement
  • Claire O’Meara, Director of Advocacy, The UK Committee for UNICEF (UNICEF UK)
  • Helen Lomax, Professor of Childhood, University of Huddersfield
  • Arabella Skinner, Director, Us for Them
  • Professor Jacqueline Barnes, Chair, What About The Children?
  • Tricia Johnson, Committee Member
  • Edwina Mitchell, Independent Researcher
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Protect Children from Budget Cuts or Face Legal Action

22 June 2023

Children’s Law Centre issues pre-action letter to the Secretary of State for Northern Ireland, the Northern Ireland Office and the Department of Finance

The Children’s Law Centre has written to the Secretary of State for Northern Ireland, Chris Heaton-Harris, outlining failures in the budget setting process for the year 2023/24. The letter states that the Secretary of State has failed in his responsibility to apply the principle of equality, including assessing whether the cumulative impact of the budget cuts is disproportionately affecting disadvantaged children, including disabled children.

The Children’s Law Centre had previously written to the Secretary of State, in a letter endorsed by over 200 organisations and leading individuals, stating that his budget will cause active harm to children and young people. The latest correspondence requests that several meaningful steps are taken to address equality and human rights concerns which impact on children. If these steps are not taken, the Children’s Law Centre believes it will regrettably be left with no alternative but to bring legal proceedings.

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

“In the absence of the Northern Ireland Executive and a functioning Assembly, the Secretary of State for Northern Ireland, Chris Heaton-Harris, has ultimate responsibility to apply the principle of equality when setting the budget. This includes assessing the cumulative impact his budget will have on protected groups in our society such as children in need, children with special educational needs and disabilities, and children living in poverty.

“From our engagement with the Secretary of State and the Northern Ireland Office, we see no evidence that Chris Heaton-Harris has carried out his legal obligations. In fact, it is our view that he has utterly failed to do so. We fear the cumulative impact his budget will have on children and young people will be severe, particularly those most disadvantaged. We already see this in our everyday work.

“The Children’s Law Centre, the wider voluntary and community sector and even the United Nations Committee on the Rights of the Child have repeatedly called on the Secretary of State to rethink his budget and protect children from harm. Unfortunately, concerns about the cumulative impact of the budget on the most vulnerable and the Secretary of State’s apparent failure to ensure equality appear to have fallen on deaf ears.

“If the Secretary of State for Northern Ireland fails to take meaningful steps to assess how to protect children from the cumulative effects of the budget cuts, we will be left with no reasonable alternative other than to seek leave to apply to the High Court in Belfast for judicial review. Indeed, as an organisation set up to advance the rights of children, it would regrettably be the only course of action left to us.”

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UN Concluding Observations Demonstrate Scale of Failure to Meet Children’s Rights Requirements

02 June 2023

Concluding observations include wide range of recommendations including a call to scrap the NI budget and start again

The UN Committee on the Rights of the Child produced concluding observations following examination of the UK government and devolved regions.

The Children’s Law Centre has said the scale of non-compliance with human rights obligations is alarming and called for immediate action to implement the recommendations.

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

“This is a damning set of recommendations from the UN Committee on the Rights of the Child. It reflects the grim picture facing children and young people in this jurisdiction today. The gap in children’s rights has grown significantly over the last decade and children and young people are suffering every day because of it, whether that’s facing discrimination, failure to access services or simply not being allowed to have a say on decisions affecting them.

“We now need to see swift action to address the many failings identified throughout the examination process. There can be no excuses or delay. The scale of non-compliance with human rights obligations is alarming.

“Some major recommendations like raising the age of criminal responsibility, legislation to protect under 18s from age discrimination, and the introduction of a Bill of Rights for Northern Ireland have been outstanding for years and have now been included in successive concluding observations. Other recommendations like scrapping the Northern Ireland budget, ending PSNI strip-searches of children and ending the use of contingency accommodation for asylum seeking children are new and add to a growing list of children’s rights breaches.

“Children and young people are being seriously failed. The gap in children’s rights has dramatically increased over the last decade due to the lack of action. The situation has become even worse due to the attacks on human rights by the UK government, the collapse of local decision making, the impact of Brexit and the failure to properly resource services.”

Fergal McFerran continued:

“We carried out an extensive piece of work with sector experts and children and young people themselves to identify the issues in this jurisdiction. We’re reassured that the Committee has reflected that work in their recommendations. We thank them, and in particular their UK taskforce, for their diligent work.

“We would also like to thank everyone who took part in the research, including NGOs, Dr Deena Haydon, Jerome Finnegan from Save the Children and of course the children and young people who either told us their views or presented to Committee members themselves. Their work has had a direct impact on the outcome of the reporting process.

“We now owe it to them all to see major change.”

The Concluding Observations contains a wide range of recommendations. Other key recommendations cover issues such as the right to withdraw from religious worship in schools, relationship and sexuality education, restraint and seclusion, abortion, stop and search, plastic bullets, protecting children from paramilitaries, and ending the hostile environment for refugee and asylum seekers.

The Children’s Law Centre led the Northern Ireland NGO sector in reporting to the UN Committee, including the submission of three major reports and leading two delegations of experts and young people to present evidence to Committee members.

The Centre will now work to ensure the recommendations are implemented by those responsible.

The Concluding Observations can be found at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FGBR%2FCO%2F6-7&Lang=en

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Urgent Reform Needed to Support Children with Special Educational Needs and Disabilities

23 May 2023

A new independent review of special educational needs services conducted by Ipsos has found that, under the current system and processes, early intervention for children is almost impossible.

Image of child at school in wheelchair. Headline text reads: 'Urgent reform needed to support children with special educational needs and disabilities

The report highlights the need for urgent reform. It builds on a number of critical reports and provides recommendations to improve support for children and young people with special educational needs and disabilities (SEND).

The Children’s Law Centre (CLC) has welcomed the report and called for urgent action, and the necessary ringfenced funding, to ensure meaningful changes are made to provide earlier and more effective support.

Rachel Hogan, SEND expert at the Children’s Law Centre, said:

“This is a welcome report that highlights a number of failures already well known to those who work with children with special educational needs and disabilities. We have been raising these issues for many years and at CLC we see the negative impact on children in our daily work.

Image of Rachel Hogan, with quote reading: "“This is the latest in a number of damning reports highlighting the many failures to enable equality of access to education for children with SEND and offering solutions to fix this broken system. We now need urgent action."

“This is the latest in a number of damning reports highlighting the many failures to enable equality of access to education for children with SEND and offering solutions to fix this broken system. We now need urgent action.

“Interventions must come earlier and the obstacles to securing support must be removed. Interventions should be focused on outcomes for the child, rather than internal process-focused outcomes. Those who work with children should be better trained on how to identify and provide special educational support, with all children’s services co-operating to put support around the child, with schools becoming more accessible and inclusive educational spaces.

“The report also highlights the urgent need for investing in reform. The Children’s Law Centre, along with 200 organisations and individuals, recently wrote to the Secretary of State for Northern Ireland, Chris Heaton-Harris, to raise concerns around cuts to children’s services. Playing politics with our children’s futures and failing to properly invest in stabilising and reforming SEND services will not only continue to harm children but it will strip our economy of valuable financial resources and a properly educated workforce in the long-term.”

The Ipsos report can be found at: https://www.education-ni.gov.uk/publications/independent-review-special-educational-needs-services-and-processes

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