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The NSPCC has successfully campaigned over a number of years for Children’s Commissioners across the UK to act as powerful, independent watchdogs and champions, ensuring that children are protected from harm and defending their rights and interests.
Welsh children have had a children’s rights champion, Peter Clarke, since April 2001; Nigel Williams, Northern Ireland’s Commissioner for Children and Young People, took up post in October 2003; and Scotland’s Commissioner, Kathleen Marshall, took up post in April 2004.
The Government’s model of a Commissioner is by far the weakest in the UK, suggesting a government listening officer rather than a powerful champion for children.
The proposals for the English Commissioner do not meet the European standards set out for all European Commissioners. There is also a debate as to whether s/he will qualify for the European Network of Ombudspeople for Children. No other Commissioner in Europe has this limited listening role.
The proposals for England’s Children’s Commissioner have met with widespread criticism. Just a few weeks ago, the all-party Parliamentary Joint Committee on Human Rights published its report on the Children Bill, criticising the Government’s preference for a ‘views’ rather than a ‘rights-based’ Commissioner.
Significant amendments to strengthen the independent role and functions of the English Children Commissioner were passed in the Lords. However, many of these amendments have been overturned by the Government in the House of Commons, as the bill is being debated there.
The NPSCC would like the Commissioner for England to be more strongly based on the Northern Ireland Commissioner model, which has been described inside and outside of Government as the best in the world. The NI Commissioner has the power to make a real difference to the children of Northern Ireland as he is fully independent of Government, he has a clear rights framework with strong investigatory powers and he can bring or intervene in legal proceedings on behalf of a child.
In particular, the NSPCC and other organisations, led by the Children’s Rights Alliance for England, are calling for the Children’s Commissioner to:
Though the Commissioners for Wales and Northern Ireland have considerably stronger powers than the English Commissioner, they have no authority over non-devolved issues, such as youth justice. These fall under the remit of the English Commissioner.
However, a weakened English Commissioner will be limited in what action they can take on those issues. This could lead to inconsistency and confusion. For example, although the Welsh Commissioner could investigate allegations of abuse within a local faith group, he would not be able to investigate allegations of abuse in a local prison, even though the majority of the children in that prison would probably be Welsh. The English Commissioner would have to be instructed to undertake such an investigation by the Secretary of State.
It is important that children have access to an effective complaints system and to independent advocacy, to help them express their views and to speak out about concerns. The Commissioner should also have a formal role in reviewing arrangements for whistle-blowing and the inspection of public services, to ensure they are working to protect children. Whistle-blowing arrangements should provide an effective system for staff and managers in public services to report concerns about child abuse.
In 1991 the Government ratified the UN Convention on the Rights of the Child. This international human rights’ treaty grants all children a comprehensive set of economic, social and cultural and civil and political rights.
Children’s Commissioner for Wales, Scotland and Northern Ireland are each required by law to promote and protect the rights of children and young people. In England, the Commissioner must only “have regard to” the UN Convention of the Rights of the Child and his or her general function will be limited to “promoting awareness of the views and interests of children”.
The Government has defined five outcomes for the Children’s Commissioner to be concerned about. These are:
1. Physical and mental health and emotional wellbeing
2. Protection from harm and neglect
3. Education, training and recreation
4. The contribution made by them to society
5. Social and economic wellbeing
The NSPCC believes that these outcomes are not sufficient and that the Commissioner’s remit and responsibilities should be more closely tied to the UNCRC.
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For further information, please contact Vicky Hardman 020 7825 7403. Out of hours mobile 07976 206625.
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Curtain Road, London EC2A 3NH. Incorporated by Royal Charter. Registered charity number 216401. NSPCC, charity registered in Scotland, charity number SC037717.