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INKWELLS
PROBLEMS OF JUSTICE AND PRISON IMMORALITIES
Foreword
Dedicated to Father Sophrony, who wrote: “In God all are alive”. Words of Life; 1998 p.16
Christ said: “Unless you exceed the virtues of the Pharisees, you cannot be saved”. Words of
Life; 1998 p.35.
INKWELLS DESPINA FERENTINOU
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“When we think of His humanity, we know Him as perfect Man. Wisdom, humility, life,
eternal light, all are in Him. Words of Life; 1998 p.17
Through the Monastery of St. John the Baptist in Essex, I reached work on the Spiritual
discourses of Elder Arseny and Alexei an atheist student, former scholar of church art, who
became prisoner No.18376 in the brutal “special sector” of the Soviet prison camp
system.- and theological influential writings:
“ ...There is nothing hidden on earth which God has not made known to me. Light
has never ceased to shine on my eyes. I have not slept in the day, nor have I ceased
to seek God at night; but an angel has always with me, showing me the powers of
the world. The light of my understanding has never been extinguished. Everything I
have asked from God I have received at once. I have often seen tens of thousands of
angels standing before God. I have seen choirs of the just. I have seen companies of
martyrs. I have seen armies of monks. I have seen the work of those who praise
God...”Chapter XI ON ABBA SOUROUS: The Lives of the Desert Fathers p.88 –The
Historia Monachrorum in Aegypto-Cistercian Publications; USA- Norman Russell
and Benedicta Ward SLG1980.
“Vision ( bzata) and revelation (gelyana) are terms closely associated with
contemplation. Whereas contemplation depends on the mediation of angels,
visions and revelations are often an immediate contact with the world on
high. Angels can take part in visions, but their function in them is not limited
to mediation between God and a human person; rather in visions they act in
an independent role as messengers of divine mysteries.” The Spiritual World
of Isaac the Syrian by Alfeyev Cistercian Publications 2000 p.229- following
Saint Benedict’s Rule for Monks and the Citeaux Settling in 1098
 PRISON REFORMS
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Criminology and Criminological Policy considerations: A personal reflection on
legal policies from “a hermetic journey on work for unjustly human losses and the
financially deprived”: Personally Suggesting:
i. “Open Doors” Inter –linked Church supervised- state institutions with
professionals in the provision of services. (Crime losses can be calculated in
economic values and criminals ought to know what they owe. Nevertheless, criminals
ought neither to be deprived the welfare amounts nor to be deprived of an opportunity
to develop their personae to the best of professionals ability and duty).
ii. Immediate access to a twenty four hours clock visitation and visual contact for
family and friends’ though out the year.
iii. Medically centered provision of services for extremely severe cases of crime
sex crimes and murder cases.
iv. Provisions for hobby satisfaction, in combination with program me s for
learning at academic level of standards with obligatory subjects on
psychology, psychiatric understanding, behavioral and social learning.
v. Organizing a flexible calendar on a daily routine, rotating duties, working in
co operation with the Governors- families- retreat centers –in contractual
arrangements in line with analytical Court decisions: focus on woman’s
needs particularities -as of rule -with programs designed for women’s’ personal,
social and family management development.
A BRIEF OUTLINE OF THE TAMPLE AND CONTENTS
I. Parliamentary UK Debates and Proposals for Prison Reforms: London: 21st
January 2016 –at 11:38:05 -“Royal Hours” - Parliamentary Proposals for Prison
Reforms
II. Prison Disturbances in the UK and the Lord Woolf’s Report and
Recommendations
III. “Running out of Prison attempts” –Images and Miscarriages of Justice
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IV. BBC TV Movie 1993 about Carl Bridgewater four( page 14)
V. Lord Scarman’s Inquiry: Social unrest-uprising and civil disturbances-People’s
call for change-citizen’s grievances (page 15)
VI. Community policing and culturally inclusive recruitment policies: social factors
contributing to criminality
VII. The Case of Steven Lawrence Inquest –official recognition for Institutional
changes
VIII. Lord Denning’s Devotion- Dedication to Justice of high standards of Morality in
Christian Faith (p.19)
IX. Lord Justice Taylor’s Inquiry in Hillsborough disaster and controversies over
neglectful duties that may have prevented the death and serious injuries to many
people (pp 20-29)
• Hillsborough 1996 ITV Film (page 21)
X. Two Cases of Child Protection Inquiries: Crime Prevention Policies (p.30)
 Case A: Baby P –Baby Peter Child A BBC Documentary found dead in
his cot 3rd
August 2007 -under the supervision of professionals-
 Case B: Victoria Climbie 2000 an Ivorian girl eight years old tortured
and murdered by guardians
• Every Child Initiative (stay safe-be health-enjoy - achieve economic
well-being- make a positive contribution p.44)
XI. International Law on Child Protection System 2008
 The Protective Environmental Framework
• Strengthening the Social Welfare Sector as a strategic approach - policy
development (p.37)
• Strengthening the protective role of families and communities (p.38)
• Supporting Public education and social dialogue (p.39)
XII. Council of Europe Recommendations R(84) of the Committee of Ministers:
Parental Responsibilities( pp.49-51)
XIII. The Children’s Charter –Parliamentary Act(s)- from workhouse children in 1895
to school meals 1906 to current progressive reports:
 Lord Lammy’s Review: published 12th
March 2009
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XIV. London Child Protection Procedures (pp.58-91)
XV. Duty to conduct s.47 Enquiries (p.59)
 Responsibilities of all parties(p.60)
 Referral and assessment procedures(p.64)
 Strategy meetings and discussions (pp. 65-68)
 Multiagency checks (p.70) Referrals to the Police (p.72) Involving Family
Members and children (p.74) Missing or inaccessible children (p.75)
 Visually recorded interviews ABE ( pp.75/76)
 Paediatric assessments (pp.77-84)
XVI. Lord Slynn’s of Hardley Legal Rights Contributions : Procedural Fairness (p.91)
XVII. Prison Population and capacity Briefing Reports (pp.92-99)
XVIII. The desperation of the convicts through the vicious circles of deadlock
imprisonments ( Prison Images p.100 )
XIX. Church Institutional Errors (p.101)
XX. Social Transformation and inefficient crime prevention policies (pp. 101-103)
XXI. The role of the prison officer- Justice Committee (p.103).The view of the Minister
of Justice (p.104) Governmental response to Justice Select Committee’s report on
the role of the prison officer (p.105)
XXII. References and thoughtful links (pp. 106-109)
 The Royal Hours
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“For an Angel of peace, a faithful Guide, a guardian of our souls and bodies, let us ask of the
Lord.[My theorem and orthologism: God ontological as a creator: human beings: The Law in Commandments-rulers
imposing severe punishments: - Christ the Lord- imperfect governmental officials-public personnel in omissions during their
duties- criminals? Christ defended-defending those who blocked –socially –economically –professionally –hierarchically- personally –
mentally -took justice in their own hands, or violated laws and regulations –“trapped by sin to disobey Authorities “an assumption
for the main-centre-core- substantial- reason for crimes- criminals who wish to change or Cain and other lost as impossible for the
human ability criminal cases–such as the case of Lot in the Bible-Old Testament or “Judas” in the New Testament?]
 London: 21st
January 2016 -11:38:05- Parliamentary Proposals for Prison
Reforms: http://parliamentlive.tv/event/index/cd229335-c0cc-4bfc-af80-
94422a5275ee?in=11:38:01 -Overall core issues recognised by Governors.-
• Restraining prisoners’ punishment to the deprivation of liberty, stating the
legal basis for the rehabilitation policy. Constant prison reports number
unjustified deaths of inmates, observe increased numbers of self harm in
particular vulnerable groups of young people that residential care or foster
families did not manage to restrain or contain negative feelings and or
demoralising experiences and dark thoughts that lead to crime in blocks of
wishful thoughts.
• Ending prison overcrowding: Prison Reviews: Noticing that more 85% of women
in prison have been convicted for non violent crimes. High reoffending levels
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45% within one year with much higher rate for the young people -67% -pre-
determined a lost life purposeful achievement of life destination.
• Re- examinations of sentencing and penal policy. (Community Orders are
presented as more successful).
• Empowering prison Governors in order to advance the level of living of the
prisoners –the convicted and developing staff scientifically.
• Improving health and environmental conditions and purposeful activities of
prisons.
 Exposing risks of an increase danger through current imprisonments: 2015
• 13% Increase to recorded assaults and violence of prisoners against prisoners
• 42% Increase to reported assaults against prison personnel
• 14% increase to the number of suicides
• 21% increase of self inflicted harm
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• The prison population has been increased, currently expected to increase due
to failure of rehabilitation and imprisonment systems. Are we inflicting more
harm and clearly disproportionate to the protection of a greater good than the
one we aim to cease?
• Access to medication was noticed as a problem even in the contemporary era.
• 2014: Voting Ban proposals for the Convicted Prisoners: Voting Bill,
”convicting” convicted prisoners excluding them from participation in
Parliamentary and Local Elections.
• Probation Reforms include Rehabilitation in the Community introducing a
minimum of 12 months supervision for all offenders sentenced to less than 2
years in custody and changes to the conditions that can be imposed as part of
a Community Order or Supervised Sentencing Order as set out in the
Offenders Rehabilitation Act 2014.
• New Public Sector Probation Service has been created to directly manage
High Risk Offenders known as National Probation Service, operating since 1st
June 2014.
• Community Rehabilitation Companies are now supervising offenders which
are mostly privately led.
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• Thus, whereas previously offenders sentenced to less than 12 months were
released unconditionally without probation supervision, from 2014 all
offenders released from fixed custodial sentences between 1 day and 2 years
will have at least 12 moths rehabilitation time spent on license with conditions
and a further period of Supervision after release.
 House of Commons Library, Briefing Paper Number 06894, 22nd
January 2016,
“Contracting out Probation Services 2013-2016”.
 Prisons and the Tenth Anniversary of the Woolf Report ( Early day motion
258 –UK Parliament Session 2000-01 )
• On 31st January 2001, Lord Woolf, the Lord Chief Justice, was to
commemorate the 10th anniversary of the submission of his Report on the
Strangeways Riot by delivering the Prison Reform Trust Annual Lecture; notes
that the Report recommended the stabilising of the prison population,
improving prison regimes and establishing community prisons; notes further
that despite these recommendations, the prison population has increased by
in excess of 15,000 in the last 10 years and that half of new prisons built in
this period are already overcrowded, that prisoners receive just 10 minutes
more purposeful activity a day than they did 10 years ago, and that 11,000
prisoners are still held over 100 miles from home - making rehabilitation
much more difficult; and therefore calls upon :
 Her Majesty's Government to act urgently to address serious failings in the prison
estate.
 VALUING CULTURAL DIVERSITY
“That police training and practical experience in the field of racism awareness and valuing
cultural diversity should regularly be conducted at local level. And that it should be
recognised that local minority ethnic communities should be involved in such training and
experience.”
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THE WOOLF REPORT ON PRISON DISTURBUNCIES
April 1990 at Strangeways prison, Manchester, a Lord Justice Woolf's Her Majesty's
chief inspector of prisons, Judge Tumim, inquiry into the disturbances and other prisons,
unprecedented. Control of one of one of the largest prisons was lost for 25 days.
Significant violence erupted at eight more prisons and at others control was
maintained with great difficulty. 183 persons have been convicted or were awaiting
trial on charges including murder and riot. Lord Justice Woolf emphasised that was
need to balance security and control with justice and humanity.
FINDINGS
LORD WOOLF’S UK RECOMMENDATIONS
Prisoners must be kept constructively occupied in workshops and other activity.
Lord Justice Woolf points out the value of card phones which allow prisoners to
retain contact with their families emphasises how important it is for prisoners to
retain their family ties.
1. Closer cooperation between the different parts of the Criminal Justice System.
For this purpose a national forum and local committees should be
established.
2. A "compact" or "contract" for each prisoner setting out the prisoner's
expectations and responsibilities in the prison in which he or she is held.
3. A national system of Accredited Standards, with which, in time, each prison
establishment would be required to comply.
4. Improved standards of justice within prisons involving the giving of reasons
to a prisoner for any decision which materially and adversely affects him; a
grievance procedure and disciplinary proceedings which ensure that the
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Governor deals with most matters under his present powers; relieving Boards
of Visitors of their adjudicatory role; and providing for final access to an
independent Complaints Adjudicator.
5. Increased delegation of responsibility to governors of establishments.
6. More visible leadership of the Prison Service by the director general who is
and is seen to be the operational head and in day to day charge of the service.
To achieve this there should be a published “compact” or “contract” given by
ministers to the director general of the Prison Service, who should be
responsible for the performance of that “contract” and publicly answerable
for the day to day operations of the Prison Service.
7. A new prison rule that no establishment should hold more prisoners than is
provided for in its certified normal level of accommodation with provisions
for Parliament to be informed if exceptionally there is to be a material
departure from that rule.
8. 8. A public commitment from ministers setting a timetable to provide access
to sanitation for all inmates at the earliest practicable date not later than
February 1996.
9. A division of prison establishments into small and more manageable and
secure units.
10. A separate statement of purpose, separate conditions and generally a lower security
categorisation for remand prisoners.
 Running out of Prison Attempts - Indicative –
• -https://youtu.be/apHOzFmsed8 Published on Jun 24, 2015 In Upstate New
York, two convicted murderers, Richard Matt and David Sweat, made a brazen
escape from prison and continue to evade a massive manhunt. CNN's Randi Kaye
inv
• https://youtu.be/6kVvKyruJVY - Published on Oct 17, 2011At least three people
were hurt on Tuesday after a riot at the North Fork Correctional Facility in Sayre,
Okla. This video, shot by Sky5, shows prison guards getting things under control
 Images from Prison Disturbances v Miscarriages of Justice
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• https://youtu.be/P_YLGukEn_w Uploaded on Aug 19, 2010 Darrell Houston
is now a free man. Prosecutors asked for the dismissal of charges because they
felt they could not proceed with the case.
• http://www.bbc.co.uk/news/uk-32835257 BBC News 3 October 2012 Last
updated at 21:18 BST Stacey Hyde: Cleared of murder after five years in jail.
• http://www.bbc.co.uk/news/uk-england-12664938 The Birmingham Six
'were in the wrong place at the wrong time'.
• The Bridgewater Four were convicted in 1979 of murdering Carl
Bridgewater, a 13-year-old paper boy who was shot on his round when he
disturbed robbers at a farm in Staffordshire. Patrick Molloy died in jail in
1981. The remaining three were released in 1997 after their convictions were
overturned
• The Guildford Four and Maguire Seven were wrongly convicted in 1974 and
1976 respectively of planting bombs in various pubs in Guildford and
Woolwich. Their convictions were quashed in 1989 and 1991. On February 9,
2005, British Prime Minister issued a public apology to the Maguire Seven
and the Guildford Four for the "miscarriages of justice they had suffered".
• http://www.bbc.co.uk/blogs/wales/entries/cdc56160-91eb-366d-ae0e-
5d9c5a676fe2 The execution of Timothy Evans proved a miscarriage of justice.
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• Robert Green, Henry Berry and Lawrence Hill, were hanged in 1679 at
Greenberry Hill on false evidence for the unsolved murder of Edmund Berry
Godfrey.
 TV movie about the Carl Bridgewater Four - BBC 1993
I. .https://youtu.be/-MDmSVPFBO8 Part One
II. https://youtu.be/Eudm-JkeIYo Published on Jan 1, 2016 Part two
The Bridgewater Four was the collective name given to the quartet of men
who were tried and found guilty of killing 13-year-old paperboy Carl
Bridgewater, who was shot at close range near Stourbridge, England in 1978.
1
Additional -Further Reports and Proposals for Prisons
1
https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil
e/271966/2128.pdf
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LORD SCARMAN’S INQUIRY: SOCIAL UNREST- UPRIISING- CIVIL
INSURRECTION: PEOPLE’S CALL FOR CHANGES
 14th
April 1981- two days after rioting in the area of Brixton -holds an inquiry.
The social uprising counted: 299 injuries to police and 65 injuries to members
of the public over a hundred vehicles were burned, including 56 police
vehicles; and almost 150 buildings were damaged, with 28 burned. There
were 82 arrests. Reports suggested that up to 5,000 people were involved in
the riots. Other reports refer that over 300 people were injured, 83 premises and 23
vehicles were damaged during the disturbances, at an estimated cost of £7.5m.
http://abcnews.go.com/Archives/video/april-12-1981-brixton-riots-
14265924
• Lord Scarman’s Police Act 19642
, report published November 25, 1981 states
that "racial disadvantage that is a fact of British life".
• Lord Scarman stated that "complex political, social and economic factors"
created a "disposition towards violent protest".
2
http://www.legislation.gov.uk/ukpga/1964/48/pdfs/ukpga_19640048_en.pdf
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• According to the report:"Without close parental support, with no job to go to, and
with few recreational facilities available the young Black person makes his life the
streets and the seedy, commercially-run clubs of Brixton. There he meets criminals,
who appear to have no difficulty obtaining the benefits of a materialist society.”
 Socio – Economic Problems- Unemployment –poor housing, education and
urban decay can create feelings of despair, deprivation and hopelessness.
 Racial disadvantage is still a fact of life for many neighbourhoods and stands
high in any list of social problems
Lord Scarman concluded that “the disorders were communal disturbances arising
from a complex political, social and economic situation, which is not special to
Brixton. There was a strong racial element in the disorders; but they were not a race
riot. The riots were essentially an outburst of anger and resentment by young black
people against the Police.” (The disorders, the riots were not predetermined. Petrol bombs
were used from the first time ever on English soil. Evidence proves that it was white people
who were assisting black people with the preparation and supply of the petrol bombs).
Community policing
Lord Scarman called for a new emphasis on community policing and said more
people from ethnic minorities should be recruited to the force.
He also advised the government to end racial disadvantage and tackle the
disproportionately high level of unemployment among young black men - as high as
50% in Brixton.
1. In 1985 he introduced into the House of Lords a bill to incorporate into
English law the civil rights set out in the European Convention of Human
Rights
2. Police and policing methods;
3. Consultation and accountability. consultation groups in relation to London
boroughs statutory framework
4. Some of Lord Scarman's reforms were implemented. The Police and Criminal
Evidence Act 19843
set out the way police officers were to carry out their duties,
safeguarding to a greater extent civil liberties. It stated specific codes of practices456
for
police procedures and established the rights of people detained by the police for a
suspected crime or offence.
3
http://www.legislation.gov.uk/ukpga/1984/60/contents
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 Jurisprudence on Police Professional Conduct towards the citizens
5. In Osman v Southwark Crown Court (1999),the search of Osman was held to
be unlawful because the officers searching him did not give their names and
station, contrary to PACE's requirements.
6. In O'Loughlin v Chief Constable of Essex (1997), the courts held that the entry
of premises under section 17 PACE to arrest O'Loughlin's wife for criminal
damage was unlawful because under PACE, anyone present on the premises
must be given the reason for entry.
 Conclusion ( Addressing social factors contributing to criminality)
Lord Scarman, at page 135 of his Report relating to the Brixton disorders of 1981
said this:- "The evidence which I have received, the effect of which I have
outlined ...., leaves no doubt in my mind that racial disadvantage is a fact of
current British life ..... . Urgent action is needed if it is not to become an endemic,
ineradicable disease threatening the very survival of our society .... racial
disadvantage and its nasty associate racial discrimination have not yet been
eliminated. They poison minds and attitudes; they are, as long as they remain, and
will continue to be a potent factor of unrest".
In 1985 there were further riots in Brixton after an officer accidentally shot and
wounded a black woman during a police raid, and again 10 years later when a
young black man died in custody.
22 April 1993. Stephen Lawrence had been with his friend Duwayne Brooks during
the afternoon of 22 April. During this time one or more of the group stabbed Stephen
twice. Three of the prime suspects were taken to trial in 1996 in a private prosecution
which failed because of the absence of any firm and sustainable evidence. The trial
resulted in the acquittal of all three accused. They can never be tried again in any
circumstances in the present state of the law. The trial resulted in the acquittal of all
4
https://www.gov.uk/government/speeches/revision-of-the-pace-codes-of-
practice-a-b-c-e-f-and-h
5
https://www.dojni.gov.uk/articles/pace-codes-practice
6
https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-
practice
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three accused. The Inquest jury returned a unanimous verdict after a full hearing in
1997, that "Stephen Lawrence was unlawfully killed in a completely unprovoked
racist attack by five white youths", consider recommendations suggested by about
100 people and organisations in connection with Inquiry, "to identify the lessons to be
learned for the investigation and prosecution of racially motivated crimes.
 Institutional Racism
Sir William Macpherson's inquiry7
into the handling of the Stephen Lawrence
murder, published in 2000, said the Metropolitan Police still suffered from
"institutional racism".
LORD DENNING MASTER OF THE ROLLS FROM 1962-1982
Lord Denning's devotion to justice is sated that was rooted in his strong faith.
"Without religion there is no morality," he wrote, "and without morality there is no
law."
7
https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil
e/277111/4262.pdf
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A MORAL IDEAL AS AN IMPOSSIBILITIY
____________________JUSTICE DURING LOSS OF LIFE______________________
 Human loss and harm when millions are witnessing the scene:
 In the Deadlock of the Exodus
LORD JUSTICE TAYROR’S HILLSBOROUGH INQUIRY (S)
 Immoralities- Illegalities-illegalities- social decline- professional neglect?
 On 17 April 1989 appointment was made by the predecessor of the Rt Hon
Douglas Hurd CBE, MP to carry out an Inquiry with the following terms of
reference: "To inquire into the events at Sheffield Wednesday Football
Ground on 15 April 1989 and to make recommendations about the needs of
crowd control and safety at sports events."
 Independent Panel –Controversies-
 It seems that the Hillsborough inquests were controversial in their
organisation, conduct and outcome. The South Yorkshire West District Coroner,
Dr Stefan Popper, considered that the medical evidence determined that all who died
received their fatal injuries from a common cause - the crush on the terraces. He
repeatedly compared the deaths at Hillsborough with deaths in a car crash. In
determining 'how' people died, therefore, he focused on the circumstances of the crush
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rather than the effectiveness of rescue and resuscitation attempts. –Investigating
findings.-
 There was, and remains, considerable concern, for many who raise legal objections,
that some of those who died were alive at 3.15pm and lived for a considerable time.
Failure to intervene, lack of response or inappropriate response, such as being laid in
a position that compromised their recovery (by airway obstruction) could have
contributed to their deaths. The evidence leads to controversies instead of
convincing about the truth.
 An interim report was published in August 1989, 8
and the final report was
published in January 19909
evidence from 174 witnesses
 The 1990 official inquiry into the disaster, the Taylor Report, concluded that
"the main reason for the disaster was overcrowding and the failure of police
control."
Factual Background
• https://youtu.be/bUuSHrhPQyk Published on Sep 16, 2012 BBC MATCH OF
THE DAY15th
April 1989 UK: England- Sheffield
• https://youtu.be/Am6vmX9SuOY Hillsborough disaster 1989 - As it
happened - Live (part 2)
• https://youtu.be/X3_4Ne_PJzI Published on Apr 16, 2014 Show in the late
evening on the day of the tragedy at Hillsborough
• https://youtu.be/5VPxriIRkbE HILLSBOROUGH Disaster Live News
Coverage of the Day 1989
• https://youtu.be/xPNeaGgjWow Published on Sep 16, 2012
BBC News Bulletins
 “BLAMING THE POLICE” - The torment of the victims and their families-
 https://youtu.be/QEbZwn5VSiQ Hillsborough 1996 ITV TV film
 History wrote the drama of the Hillsborough disaster as a collective loss of
human lives –presences- in the presence of millions of others standing steps
8
http://www.southyorks.police.uk/sites/default/files/Taylor%20Interim%20Report.pdf Interim
Report 15th
April 1989
9
http://hillsborough.independent.gov.uk/report/index.html Final Report
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around them during their last moments on this earth sensing them alive. The
1990s saw the closure of some of the oldest football stadiums in England.
 Counting the deaths to the number of 96 people, the injured reached the
number of 766 of additional others, at a football match between Liverpool and
Nottingham Forest at Hillsborough stadium, England.
 Among those who died, 78 were aged 30 or younger, 38 of the victims were
children or teenagers, and all but three of them were aged less than 50 years
of age.
 April 1989, witnessed the deaths of 96 people and the cause of injuries of 766
others ending with numbers lost -96 people eventually dead in 1993-, as they
never regained consciousness.
 On the day 94 people, aged from 10 to 67 years old, died as a result of their
injuries, either at the stadium, in the ambulances, or shortly after arrival at
hospital.
 Only 14 of the 96 fatally injured people arrived at a hospital.
 By the disaster's 10th anniversary in 1999, at least three people who survived
were known to have committed suicide as a result of the emotional problems
brought on by the disaster. Another survivor had spent eight years in
psychiatric care. Numerous cases of alcoholism and drug abuse were also
attributed to lingering effects from the disaster, and it contributed to the
collapse of a number of marriages involving people who had witnessed the
events On 19 April, the death toll reached 95 when 14-year-old Lee Nicol died
in hospital after his life support machine was switched off. The death toll
reached 96 in March 1993, when artificial feeding and hydration were
withdrawn from 22-year-old Tony Bland after nearly four years, during
which time he had remained in a persistent vegetative state and shown no
sign of improvement. This followed a legal challenge in the High Court by
his family to have his treatment withdrawn, a legal challenge which
succeeded in November 1992.Andrew Devine, aged 22 at the time of the
disaster, suffered similar injuries to Tony Bland and was also diagnosed as
being in a persistent vegetative state. In March 1997 — just before the eighth
anniversary of the disaster — it was reported he had emerged from the
condition and was able to communicate using a touch-sensitive pad, and he
had been showing signs of awareness of his surroundings for up to three
years before. He was still alive as of 2015.
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 In September 2012, the Hillsborough Independent Panel concluded that up to
41 of the 96 fatalities might have been avoided had they received prompt
medical treatment
 Hillsborough Stadium in Sheffield, the home of Sheffield Wednesday, was
selected by the Football Association (FA) as a neutral venue to host the FA
Cup semi-final between Liverpool and Nottingham Forest football clubs. The
event was scheduled for 3:00 pm on 15 April, and fans were advised to take up
positions 15 minutes beforehand.
 At the time of the disaster, most English football stadiums had high steel
fencing between the spectators and the playing field
Risks associated with confining fans in pens were highlighted by the Committee of
Inquiry into Crowd Safety at Sports Grounds (the Popplewell inquiry inquiry) after
the Bradford City stadium fire in May 1985. It made recommendations on the safety
of crowds penned within fences, including that "all exit gates should be manned at all
times ... and capable of being opened immediately from the inside by anyone in an
emergency".
Although Liverpool had more supporters, Nottingham Forest was allocated the
larger area, to avoid the approach routes of rival fans crossing. On more fans were
arriving than could be safely filtered through the turnstiles before 3:00 pm, people
presenting tickets at the wrong turnstiles and those who had been refused entry
could not leave because of the crowd behind them but remained as an
obstruction. Match day, radio and television advised fans without tickets not to
attend. With an estimated 5,000 fans trying to enter through the turnstiles and
increasing safety concerns, the police, in order to avoid fatalities outside the ground,
opened a large exit gate (Gate C) that ordinarily permitted the free flow of
supporters departing the stadium. Two further gates (A and B) were subsequently
opened to relieve pressure.
After the disaster, Lord Justice Taylor was appointed to conduct an inquiry into the
events. The Taylor Inquiry sat for a total of 31 days and published two reports. In all
some 65 police officers gave oral evidence at the Inquiry. The Taylor Report had a
deep impact on safety standards for stadiums in the UK. Perimeter and lateral
fencing was removed and many top stadiums were converted to all seated. Purpose-
built stadiums for Premier League and most Football League teams since the report
is all- seater, fulfilling the safety recommendations of the Taylor Report.
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THREE SOMBRE LESSONS AFTER HILLSBOROUGH
 Radial fences were installed to divide up the terraces; Old signs were not
removed; excessive numbers down the tunnel into pens 3 and 4.
During the 1970's, hooligan behaviour became a scourge at and around football grounds.
Rival fans abused and fought with each other on the terraces. The pitch was invaded,
sometimes to facilitate the fighting, sometimes in an attempt to abort a match by those whose
team was losing and on occasions to display anger and seek to assault a referee or a player
who had incurred displeasure. Throwing missiles, either at a player or a policeman or at rival
fans, became another violent feature. When the police responded by searching fans for
missiles on entry, the practice grew of throwing coins (which could not be confiscated).
Sometimes the coins were sharpened in advance to make them more damaging.
 The policy of segregation was born in the 1970's.
Clubs have sub-divided their grounds to keep rival fans apart by putting fencing and sterile
areas between them, by screening them from inciting each other, by separate entrances and
exits and by perimeter fences round the pitch. Many of the fences are very high and are
crowned with elaborate spikes and barbed wire, the top sections being inclined inwards to
prevent their being scaled. At some grounds a telescopic tunnel is extended on to the pitch to
protect the teams from missiles as they come on or go off.
 Cost of Policing a Legal Citizens Entertainment Activity
The cost in money, manpower and disruption is enormous. At times the cost of
policing football in London was some £10 million of which only £1 million could be
recovered from the clubs
Nevertheless, there are ways of financing improvements if the club management is
enterprising and resourceful. Sponsorship is one. Presently it brings £17.5 million
into football annually.
Under contractual arrangements, the Football Association receive some £6 million pa
from the sale of television rights for domestic broadcasts, of which some £2.5 million
is distributed to clubs. They also receive between £0.75 million and £1 million for the
sale of television rights overseas.
 Safety Options
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Different attitudes taken by clubs or local authorities stem from the difficulty in
balancing or deciding the priority of three crucial considerations: i. Fences, especially
high, spiked fences, are intimidating, ugly and depressing. ii. Adequate measures
must be taken to prevent pitch invasions for the reasons already given. iii. Whatever
the measures taken to prevent pitch invasions, there must is adequate provision for
escape in emergencies. At some grounds, point ii has been regarded as paramount at
others, either point i or, especially after Hillsborough, point iii, have carried greatest
weight so as to remove or greatly reduce the fencing.
• FIFA (Federation Internationale de Football Association) passed a resolution on 26
July 1989 providing that as from the preliminary competition for the 1994 World
Cup (starting in autumn 1992) "matches may in principle only be played in all
seater stadia".
 Adequate Measures to Prevent Pitch Invasions. UEFA regulation B6 of 1988
requires as follows "Protection of the playing field by means of (a) a fence of
at least 2.2 metres in height or a moat or else (b) a barrier with adequate
policing so as to make it impossible for spectators to enter the field of play.
Fences must have sufficient security gates opening towards the playing field
and in the case of moats or a combination of moats and fences adequate
other security passages should be provided".
 The Management staging events responsibility for the public’s safety
In principle, a football club which invites the public to a match on its premises for
reward is responsible for securing safety at that event. The Green Guide (1986)
provides: "23. The safety of the public inside the ground is the responsibility of
those who stage the event and administer the ground in which it is held, i.e. the
"management". This responsibility applies in both normal and emergency
situations... 195. ... There are five basic duties which stewards are called upon to
carry out. These are: (a) controlling or directing members of the public who are
entering or leaving the ground, to help achieve an even flow of people to the
viewing areas and safe dispersal of spectators on the terraces or viewing slopes;
(b) patrolling the ground to deal with any emergencies, e.g. raising alarms or
extinguishing fires; (c) manning entrances, exits and other strategic points,
especially exit doors and gates which are continuously open whilst the ground is
in use; (d) assisting police as appropriate or as requested with crowd control; and
(e) undertaking specific duties in an emergency."(Page 83)
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 Predicting the unscheduled
The fans without Tickets (269) problem. One problem which creates difficulties for the police
is the arrival of would-be spectators without tickets at an all ticket match. Although it was
found there was not a large body of such fans at Hillsborough there undoubtedly were some.
(P .109)
CHAPTER 10 CLUB STRATEGIES AGAINST HOOLIGANS
Luton 303. In March 1985, Millwall visited Luton with a large contingent of
"supporters". Widespread disorder broke out causing injuries to both fans and
police. Serious damage was also done in and outside the ground as well as to trains
returning to London. (p123)
CHAPTER 15: DANGER OF CONGESTION OR DISORDER Present Risk of
Congestion: Congestion outside turnstiles and consequent injuries or disorder is
already recognised risks. Those risks are aggravated by the limited number of
turnstiles available and the limited scope for increasing them at many old grounds.
They are also increased by the late arrival of a large proportion of the crowd, which
is a common occurrence.
During the last busy 20 minutes before kick-off, queues, or sometimes a phalanx, of
waiting spectators, tend to build up. If the delivery through the turnstiles is delayed
or slowed down, that build-up grows and its pressure further retards the turnstile
operation. The next stage is that those waiting become restive, fearing they will not
get in for the kick-off. Crowd noise from the ground, is denoting that the teams are
out, and increases impatience. There is then real danger of pressure towards the
turnstiles causing injuries and panic causing disorder.
 This is what happened at Hillsborough. It is said that it nearly happened
again, despite Hillsborough and the interim recommendations, at Coventry
on the first day of the new season. p 154
PART V - FINAL RECOMMENDATIONS
I. All-Seated Accommodation 1. The Secretary of State should ensure that
spectators are admitted only to seated accommodation at matches played at
sports grounds designated under the Safety of Sports Grounds Act 1975 in
accordance with the timing set out in Recommendations 2 to 4 below.
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II. Advisory Design Council 5. The Football Association and the Football League
should establish an Advisory Design Council whose functions should be (a)
to conduct and marshal research into the improvement and design of football
stadia; (b) to disseminate regularly such information and expertise as they
acquire in this field to members of the Football League and, on request, to
other football and sports clubs in England, Wales and Scotland.
III. National Inspectorate and Review Body 6. (a) If Part I of the Football
Spectators Act 1989 is implemented, section 13 should be brought into force
giving the Football Licensing Authority the functions and powers therein
specified (power to review the discharge of functions by local authorities).
IV. Maximum Capacities for Terraces 7. Where a viewing terrace is divided into
pens or areas which are self-contained, the Safety Certificate should specify
the maximum number of spectators to be admitted to each such pen or area.
A pen or area is to be deemed "self-contained" notwithstanding that it has a
gate or gates affording access to another pen or area and whether such gate or
gates be open or shut.
V. Filling and Monitoring Terraces 11. There should be a written statement of
intent, agreed between the club and the police, setting out their respective functions
as to crowd safety and control and in particular as to the filling of each self-contained
pen or other standing area and the monitoring of spectators in each such pen or area
to avoid overcrowding. Any variation of the document in respect of an individual
match should be agreed in writing in advance.
VI. Safety Certificates 24. The Secretary of State should exercise his powers under
either section 6(2) or section 15(A) of the Safety of Sports Grounds Act 1975 so as to
make mandatory in Safety Certificates those conditions specified in the original
section 2(2) of the 1975 Act. So far as the original section 2(2) (b) is concerned
"shall" should be substituted for "may".
VII. First Aid. Medical Facilities and Ambulances. There should be at each sports
ground at each match at least one trained first aider per 1,000 spectators. The
club should have the responsibility for securing such attendance.
TRAINING FIRST AID
That First Aid training for all "public contact" police officers (including senior officers)
should at once be reviewed and revised to ensure that they have basic skills to apply First Aid.
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Officers must be taught to "think first aid", and first and foremost "A (Airways), B
(Breathing) and C (Circulation)".
VIII. 65. There should be at each designated sports ground one or more first aid rooms....p
198
IX. 66. (a) At every match where the number of spectators is expected to exceed 2,000, the
club should employ a medical practitioner to be present and available to deal with any
medical exigency at the ground.
X. Offences and Penalties 70. Consideration should be given to creating an offence of
selling tickets for and on the day of a football match without authority from the home
club to do so. 71. Each of the following activities at a designated sports ground should
be made a specific offence i. throwing a missile; ii. chanting obscene or racialist
abuse; iii. going on the pitch without reasonable excuse.(p.199)
XI. 72. Consideration should be given to extending the courts' powers to make
attendance centre orders for football related offences on occasions of
designated football matches. The provision should be capable of imposition on an
offender aged 21 or over and subject to a maximum of 72 hours in the case of an
offender aged 17 or over. 73. Consideration should be given to the use of electronic
monitoring (tagging) in the sentencing of offenders convicted of football
related offences.
Conclusion 2.47 A study of all these reports-APPENDIX 4 FINAL REPORT OF MR JUSTICE
POPPLEWELL'S INQUIRY The Shortt Report pp.223-226,The Moelwyn Hughes Report pp.226-228,The
Chester Report pp228-229,The Harrington Report pp229-231 , The Lang Report pp231-232,The Wheatley
Reportpp232-240, The McElhone Report p240. (and there are numerous reports and discussion
papers by other bodies) shows that the following are measures which have been
frequently recommended:
1. Closed Circuit Television
2. Membership Cards
3. Segregation
4. More seating at football grounds
5. Encouragement of supporters' clubs
6. A ban on alcohol
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7. Involvement of the clubs with the community
8. Heavier penalties, arguing for these and related measures. It is to be hoped they
will be more vigorously pursued by the appropriate bodies than in the past. (p.239)
2 CHILDREN PROTECTION INQUIRIES - PREVENTING CRIME EFFORTS-
CASE S Victoria Climbie10
- Baby P11
CASE A Baby P
BACKGROUND
A. https://youtu.be/nhLURjB99D0 Panorama Baby P The Whole Truth Part 1
Uploaded on Mar 29, 2011
B. https://youtu.be/uWJ3568R1MsPanorama Baby P The Whole Truth Part 2
Uploaded on Mar 29, 2011
C. https://youtu.be/y8FwxyD16pwPanorama - Baby P - The Whole Truth Part
3.flv Uploaded on Mar 29, 2011
D. https://youtu.be/liobH5S3sVs Panorama - Baby P - The Whole Truth Part
4.flv Uploaded on Mar 29, 2011
E. https://youtu.be/494UUQtyD0I Panorama - Baby P - The Whole Truth Part
5.flv Uploaded on Mar 29, 2011
F. https://youtu.be/DJaMcujh3VY Baby P the Untold Story BBC
Documentary 2014 Published on Oct 28, 2014“Baby P the Untold Story BBC
Documentary 2014 who failed Baby P? The social workers and a single doctor have
taken the blame from the public and the press, but were there other professionals who
might have saved Peter Connelly? And if so, why did we never hear about it?”
10
http://webarchive.nationalarchives.gov.uk/20130401151715/http://www.educati
on.gov.uk/publications/eOrderingDownload/CM-5730PDF.pdf THE INQUIRY
VICTORIA CLIMBIÉ Chairman: Lord Laming
11
http://www.theguardian.com/society/joepublic/2009/mar/13/laming-review-
child-protection Laming report: can we really put proposals into practice?
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Featuring interviews with many people who've never discussed the story
before, including Haringey's former head of children's services S S, Peter's
social worker MW and NO', husband of the doctor who allegedly missed
Peter's broken back, the film reveals the behind-the-scenes manoeuvring that
pushed some professionals into the spotlight and left others hidden in the
shadows.”
The case of Peter Connelly (also known as "Baby P", "Child A", and "Baby Peter")
was a 17-month-old English boy who died in London after suffering more than fifty
injuries over an eight-month period, during which he was repeatedly seen by the
London Borough of Haringey Children's services and National Health
Service (NHS) health professionals. Baby P's real first name was revealed as "Peter"
on the conclusion of a subsequent trial of Peter's mother's boyfriend on a charge of
raping a two-year-old. His full identity was revealed when his killers were named
after the expiry of a court anonymity order on 10 August 2009.
The case caused shock and concern among the public and in Parliament, partly
because of the magnitude of Peter's injuries, and partly because Peter had lived in
the London Borough of Haringey North London under the same child welfare
authorities that had already failed seven years earlier in the case of Victoria
Climbie. That had led to a public inquiry which resulted in measures being put in
place in an effort to prevent similar cases happening.
 Baby P report: The key findings Monday, 1 December 2008
http://news.bbc.co.uk/1/hi/uk/7758897.stm
“An independent report into the death of Baby P has delivered a damning verdict
on the services provided by north London's Haringey Council.
The 17-month-old boy died after months of abuse despite being on the council's
child protection register.
Children's Secretary Ed Balls said the shortcomings included:
 Failure to identify children at immediate risk of harm and to act on evidence.
This included a failure to talk to children believed to be at risk.
 Agencies acting in isolation from one another without effective co-ordination.
 Poor gathering, recording and sharing of information.
 Insufficient supervision by senior management.
 Insufficient challenge by the Safeguarding Children Board to council members
and frontline staff.
 Over-dependence on performance data which was not always accurate
 Poor child protection plans.
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 Failure to implement the recommendations of the Victoria Climbie inquiry,
which heavily criticised it five years ago.
 The action announced by the children's secretary included:
• Removing S S from her post as head of children's services.
• John Coughlan from Hampshire County Council to cover her role while the
Department for Children, Schools and Families finds a permanent
replacement.
• Mr Coughlan is also to carry out an internal review of social work staff in
Haringey.
• Graham Badman, the director of Kent children's services, to take over Ms
Shoesmith's role as chairman of the local Safeguarding Children Board.
• A new serious case review to be undertaken into the death of Baby P, with an
executive summary to be published by the end of March.
• The education and children's services watchdog Ofsted to carry out
unannounced annual inspections of children's services across the country.
• More action to be taken at those authorities in England which have had
"inadequate" serious case reviews to show they have made improvements.”
 Timeline of Baby P case 8 October 2013 as in the BBC Article
http://www.bbc.co.uk/news/uk-11626806
An account of the developments surrounding the case of 17-month-old boy Baby Peter
who died in Haringey, north London, in August 2007 after suffering a series of injuries:
 Chronology: Professional Diaries
• 1 March 2006: Baby Peter is born to Tracey Connelly.
• June 2006: Connelly begins a relationship with a new boyfriend Steven
Barker.
• November 2006: Barker moves into Connelly's home.
• December 2006: Connelly is arrested after bruises are spotted on the boy's face
and chest by a GP.
• January 2007: The boy is returned home five weeks after being put in the care
of a family friend.
• February 2007: A whistle-blower, former social worker Nevres Kemal, sends
a letter about her concerns over alleged failings in child protection in
Haringey to the Department of Health.
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• 12 March 2007: Commission for Social Care Inspection (CSCI) inspectors meet
Haringey officials to discuss concerns raised by Ms Kemal in the letter sent
by her lawyer, which was dated 16 February 2007.
• April 2007: Baby Peter is admitted-d to North Middlesex hospital with bruises, two
black eyes and swelling on the left side of his head.
• 1 April 2007: Ofsted takes over responsibility for inspecting children's
services from the CSCI.
• May 2007: After seeing marks on the boy's face, a social worker sends Baby
Peter to the North Middlesex where 12 areas of bruises and scratches are
found. Connelly is re-arrested.
• June 2007: Barker's brother, Jason Owen, moves into the home with a 15-year-
old girl.
• 30 July 2007: Injuries to Baby Peter's face and hands are missed by a social
worker after the boy is deliberately smeared with chocolate to hide them.
• 1 August 2007: The boy is examined at a child development clinic.
• 2 August 2007: Police tell Connelly she will not be prosecuted after her case is
considered by the Crown Prosecution Service.
• 3 August 2007: Baby Peter is found dead in his cot.
• 11 November 2008: Owen, 36, from Bromley, and Barker, then 32, are found
guilty of causing the death of Baby Peter. Connelly had pleaded guilty to the
same charge.
• 13 November 2008: Children's Minister Ed Balls orders an inquiry into the
role of the local authority, the health authority and the police in the case of
Baby Peter.
• 14 November 2008: Downing Street denies accusations of "buck-passing" after
details of whistle-blower Nevres Kemal's letter about Haringey's failings
emerge.
• 1 December 2008: Following a report into Haringey Children's Services, its
leader George Meehan and cabinet member for children and young people
Liz Santry resign. Sharon Shoesmith is removed as the local authority's
director of children's services.
• 8 December 2008: Ms Shoesmith is sacked by a panel of councillors with
immediate effect.
• 7 February 2009: Ms Shoesmith says the way ministers handled the Baby
Peter case was "breathtakingly reckless".
• 19 February 2009: Dr Jerome Ikwueke, a GP who saw Baby Peter 14 times
before his death, is suspended by the General Medical Council.
• 9 March 2009: Ms Shoesmith lodges an employment tribunal claim against
Haringey Council.
• 15 March 2009: A leaked report into the death of Baby Peter suggests there
were further missed opportunities to save him from abuse.
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• 29 April 2009: Haringey Council dismisses a social worker and three
managers for failings in the care of Baby Peter.
• 1 May 2009: Barker is convicted of raping a two-year-old girl in north
London. The crime came to light after he was arrested over Baby Peter's
death. The Old Bailey jury cleared Connelly of cruelty to the girl. Baby Peter's
name is revealed at the request of his family.
• 13 May 2009: The NHS is criticised by the Care Quality Commission for
failing in the care given to Baby Peter.
• 22 May 2009: Connelly gets an indefinite jail term with a minimum term of
five years for her part in her son's death. Barker is jailed for life with a
minimum of 10 years for raping the two-year-old and given a 12-year term to
run concurrently over his role in Baby Peter's death. Owen gets an indefinite
sentence with a minimum term of three years.
• 3 July 2009: Inspectors criticise Haringey Council, saying it has only made
limited progress in tackling areas of weakness.
• 11 August 2009: Connelly and Barker are named for the first time after the
expiry of a court order.
• 15 September 2010: Ms Shoesmith hits back over her sacking by Haringey
Council, asking a Commons committee why the police and health services
had not also been made to take responsibility.
• 21 September 2010: Connelly and Barker are denied public funding to be
represented at any resumed inquest into the child's death. A pre-inquest
review was told they had not been given funds for legal representation. Baby
Peter's father had said he wanted an inquest to take place.
• 22 October 2010: Two social workers, who dealt with Baby Peter, Gillie
Christou and Maria Ward, lose their claim for unfair dismissal. They had
argued they were sacked unfairly by Haringey Council following his death,
but a tribunal found the authority acted reasonably because of failings in the
care they provided.
• 26 October 2010: The second serious case review - the official account of the
agencies' failings over Peter - is published, after the first one was ruled
"inadequate" by Ofsted.
• 27 May 2011: The Court of Appeal rules in favour of Ms Shoesmith, who
claims former Children's Secretary Ed Balls and Haringey Council acted
unlawfully by sacking her.
• 24 June 2011: The Department for Education and Haringey Council confirm
they will seek an appeal at the Supreme Court against the Court of Appeal's
ruling that Sharon Shoesmith was unfairly sacked.
• 2 August 2011: The Supreme Court refuses to grant officials leave to appeal
against the decision that Ms Shoesmith was unfairly sacked.
• 5 August 2011: Jason Owen, now 39, is released from prison after serving
three years of a six-year sentence.
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• 5 March 2012: The natural father of Baby Peter, known as KC, is awarded
£75,000 in damages after the publishers of The People wrongly accused him of
being a sex offender.
• 25 May 2012: Haringey Council workers Gillie Christou and Maria Ward lose
their appeal against an employment tribunal ruling that they were fairly
sacked.
• 29 May 2012: The Chief Executive of Great Ormond Street Hospital Dr Jane
Collins announces she is to stand down.
• 31 October 2012: Baby P's natural father who was falsely accused of sex
offences has his libel award of £75,000 cut to £50,000.
• 12 March 2013: The Court of Appeal backs an employment tribunal ruling
that Baby P's social workers were not sacked unfairly by Haringey Council.
• 12 April 2013: Jason Owen is returned to prison for breaching conditions of
his release.
• 8 October 2013: The Parole Board says it has directed the release of the
mother of Baby Peter, Tracey Connelly.
International Law Upgraded Child Protection Systems
 UNICEF defines a ‘child protection system’ as:
The set of laws, policies, regulations and services needed across all social sectors –
especially social welfare, education, health, security and justice – to support
prevention and response to protection-related risks. These systems are part of social
protection, and extend beyond it. At the level of prevention, their aim includes
supporting and strengthening families to reduce social exclusion, and to lower the
risk of separation, violence and exploitation. Responsibilities are often spread across
government agencies, with services delivered by local authorities, non-Sate
providers, and community groups, making coordination between sectors and levels,
including routine referral systems, a necessary component of effective child
protection systems.
 United Nations Economic and Social Council (2008), UNICEF Child Protection
Strategy, E/ICEF/2008/5/Rev.1, par. 12-13.
 UNICEF Child Protection Strategy
 http://www.unicef.org/protection/files/CP_Strategy_English.pdf
United Nations Children’s Fund
Executive Board Annual session 2008 3-5 June 2008
Section 9: In each area, the strategy builds on lessons learned at country level,
combining approaches that are already part of child protection guidance with others
that represent emerging sound practice. The strategic actions identified respond to:
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• The global expectation of UNICEF leadership in child protection.
• The need for broad-based partnerships that can leverage gains in child protection.
• The value of building on previous achievements.
•. The need to ensure that the multiple aspects of the protective environment are
addressed
• The potential for contributing to measurable advances in child protection over a
10-year period.
• The need to synergize the work of United Nations agencies to achieve child
protection results.
 The Protective Environment Framework
1. Governmental commitment to fulfilling protection rights: includes social welfare
policies, adequate budgets, public acknowledgement and ratification of international
instruments.
2. Legislation and enforcement: includes an adequate legislative framework, its
consistent implementation, accountability and a lack of impunity.
3. Attitudes, traditions, customs, behaviour and practices: includes social norms and
traditions that condemn injurious practices and support those that are protective.
4. Open discussion, including the engagement of media and civil society:
acknowledges silence as a major impediment to securing government commitment,
supporting positive practices and ensuring the involvement of children and families.
5. Children’s life skills, knowledge and participation: includes children, both girls
and boys, as actors in their own protection through use of knowledge of their
protection rights and ways of avoiding and responding to risks.
6. Capacity of those in contact with the child: includes the knowledge, motivation
and support needed by families and by community members, teachers, health and
social workers and police, in order to protect children.
7. Basic and Targeted Services: includes the basic social services, health and
education to which children have the right, without discrimination, and also specific
services that help to prevent violence and exploitation, and provide care, support
and reintegration assistance in situations of violence, abuse and separation.
8. Monitoring and oversight: includes effective systems of monitoring such as data
collection, and oversight of trends and responses.
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 Section 19. Strengthen the social welfare sector. Strategic approaches to the
social welfare sector should focus on policy development, management and
oversight capacity, as well as the quality and quantity of human resources,
and better monitoring and information systems.
• Support social welfare ministries in assuming an upstream role in the overall
national child protection system. This includes support to strengthening capacity in
strategic planning and costing of needed services. It also requires advocacy for
appropriate budget allocation.
• Support systematic improvements in the quality and use of social work, including
its professionalization.
• Promote the development of appropriate regulations and guidelines to improve
quality of service provision by non-State actors, as well as government service
providers.
Section 30: Strengthen the protective role of families. The Violence Study strongly
recommends that governments implement culturally appropriate and gender
sensitive parenting and care-giving programmes to support families in providing a
violence-free home. Such programmes should include:
(a) increasing the understanding by parents and caregivers of the physical,
psychological, sexual and cognitive development of infants, children and young
people in the context of social and cultural factors;
(b) Promoting non-violent relationships and non-violent forms of discipline and
problem-solving skills; and
(c) Addressing gender stereotypes.
• Promote parenting education to encourage alternatives to violence for disciplining
children.
• Secure greater access to social protection for vulnerable families.
• Strengthen advocacy on the elimination of violence against women and girls in
the home, school, community and society.
Section 31: Strengthen the protective role of communities. Communities are
primarily a source of protection and solidarity for children. Working at community
level is an effective way of promoting social change, notably through non-coercive
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and non-judgmental approaches that emphasize the fulfilment of human rights and
empowerment of girls and women.
• Raise community awareness and stimulate open dialogue on the rights of the child
and on practices that result in social exclusion or harm to children.
• Encourage outreach by community members to interconnected social groups to
gain the consensus needed for positive change. E/ICEF/2008/5/Rev.1 10 08-34856 •
Support/evaluate community-based child protection networks that monitor child
rights, promote behaviour change, and provide protection services and support to
victims of violence and harmful practices.
Section 32: Promote meaningful child participation and empowerment. Engaging
children in active dialogue, and promoting respect for their views as established in
the Convention on the Rights of the Child is critical for children’s empowerment as
actors in their own protection and that of their peers. This includes child
participation in both formal and informal justice processes.
• Strengthen UNICEF work in education, HIV and adolescence to promote children
as agents of change according to their evolving capacity, including through life skills
education, prevention of stigma and discrimination, and peer communication.
• Partner with and support civil society networks to promote children’s
participation and empowerment.
• Promote the legal empowerment of girls, boys and families, including through
legal awareness and the provision of legal and paralegal services at community
level.
Section 33: Support public education and social dialogue. Public awareness
campaigns can play a role in reducing the prevalence of unfavourable or
discriminatory attitudes, beliefs and harmful practices towards children.
• Develop an approach to communication for social change that encourages the
abandonment of harmful or unprotective social practices and norms.
• Encourage opportunities for open dialogue on child protection topics, in schools,
institutions and community centres.
Section 41: Review, update, expand and implement emergency-specific multi-partner
guidance and mechanisms. Multi-partner guidance facilitates effective field
cooperation, particularly in emergencies, and the process of developing shared
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guidance often yields a better product. Multi-partner guidance developed among
United Nations agencies, NGOs and inter-governmental organizations includes the
IASC guidelines on gender-based violence, and on HIV and AIDS; the Paris
Principles; the United Nations Disarmament, Demobilization and Reintegration
standards; the Inter-agency Guiding Principles on Unaccompanied and Separated
Children, the CD-ROM on Child Protection in Emergencies, the Minimum Standards
for Education in Emergencies and other standards in area of landmines, small arms
and explosive remnants of war.
• Develop guidance and mechanisms to respond better to child protection concerns
during and after natural disasters, and to address emerging issues including justice
in emergencies, security sector reform, and children’s participation in transitional
justice mechanisms.
• Support implementation of IASC and other existing guidance, including new IASC
Guidelines on Mental Health and Psychosocial Support in Emergency Settings.
 Continue active participation in conflict-related mechanisms such as the
monitoring and reporting mechanism under Security Council resolution 1612.
http://www.refworld.org/pdfid/43f308d6c.pdf
• Contribute actively to inter-agency approaches to protection.
• Identify opportunities for training personnel assigned to peace-building
operations on relevant child protection standards.
 The children and Young Person Act 1920 enacted a bundle of laws to protect
young persons and children in the early 20th century.
 The Children and Young People Act 1933 established the foundations they
were later consolidated into the state's employment, education, health and
welfare by the Children Act 1989.
 http://www.legislation.gov.uk/ukpga/1989/41/section/53
CHILDREN’S ACT 1989
 Section 1 Welfare of the child.
(1)When a court determines any question with respect to—
(a) The upbringing of a child; or
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(B) The administration of a child’s property or the application of any income arising from it,
The child’s welfare shall be the court’s paramount consideration.
(2)In any proceedings in which any question with respect to the upbringing of a child arises,
the court shall have regard to the general principle that any delay in determining the
question is likely to prejudice the welfare of the child.
(3)In the circumstances mentioned in subsection (4), a court shall have regard in particular
to—
(a) The ascertainable wishes and feelings of the child concerned (considered in the light of his
age and understanding);
(b) His physical, emotional and educational needs;
(C) The likely effect on him of any change in his circumstances;
(d) His age, sex, background and any characteristics of his which the court considers
relevant;
(e) Any harm which he has suffered or is at risk of suffering;
(f) how capable each of his parents, and any other person in relation to whom the court
considers the question to be relevant, is of meeting his needs;
(g)the range of powers available to the court under this Act in the proceedings in question.
(4)The circumstances are that—
(a)the court is considering whether to make, vary or discharge a section 8 order, and the
making, variation or discharge of the order is opposed by any party to the proceedings; or
(b)the court is considering whether to make, vary or discharge [a special guardianship order
or] an order under Part IV.
(5)Where a court is considering whether or not to make one or more orders under this Act
with respect to a child, it shall not make the order or any of the orders unless it considers that
doing so would be better for the child than making no order at all.
Section 16 A Risk assessments
(1)This section applies to the following functions of officers of the Service or Welsh family
proceedings officers—
(a)any function in connection with family proceedings in which the court has power to make
an order under this Part with respect to a child or in which a question with respect to such
an order arises;
(b)any function in connection with an order made by the court in such proceedings.
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(2)If, in carrying out any function to which this section applies, an officer of the Service or a
Welsh family proceedings officer is given cause to suspect that the child concerned is at risk
of harm, he must—
(a) make a risk assessment in relation to the child, and
(b) provide the risk assessment to the court.
(3)A risk assessment, in relation to a child who is at risk of suffering harm of a
particular sort, is an assessment of the risk of that harm being suffered by the child.]
 Section 53 Provision of community homes by local authorities.
(1)Every local authority shall make such arrangements as they consider appropriate for
securing that homes (“community homes”) are available—
(a)for the care and accommodation of children looked after by them; and
(b)for purposes connected with the welfare of children (whether or not looked after
by them), and may do so jointly with one or more other local authorities.
(2)In making such arrangements, a local authority shall have regard to the need for
ensuring the availability of accommodation—
(a)of different descriptions; and
(b)which is suitable for different purposes and the requirements of different descriptions of
children.
(3)A community home may be a home—
(a)provided, equipped, maintained and (subject to subsection (3A)managed] by a local
authority; or
(b) provided by a voluntary organisation but in respect of which a local authority and the
organisation—
(i)propose that, in accordance with an instrument of management, the [equipment,
maintenance and (subject to subsection (3B)) management] of the home shall be the
responsibility of the local authority; or
(ii)so propose that the management, equipment and maintenance of the home shall be the
responsibility of the voluntary organisation.
(3A)A local authority may make arrangements for the management by another person of
accommodation provided by the local authority for the purpose of restricting the liberty of
children.
(3B)Where a local authority are to be responsible for the management of a community home
provided by a voluntary organisation, the local authority may, with the consent of the body of
managers constituted by the instrument of management for the home, make arrangements for
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the management by another person of accommodation provided for the purpose of restricting
the liberty of children.]
(4)Where a local authority are to be responsible for the management of a community home
provided by a voluntary organisation, the authority shall designate the home as a controlled
community home.
(5)Where a voluntary organisation are to be responsible for the management of a community
home provided by the organisation, the local authority shall designate the home as an assisted
community home.
(6)Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part.
 CASE B. THE CASE OF VICTORIA CLIMBIE:
o http://news.bbc.co.uk/1/hi/england/7424051.stm
o https://www.youtube.com/watch?v=dgrclBk3DWA Uploaded on Nov 9,
2010
 The peer whose reports into the deaths of Victoria Climbie and Baby Peter prompted a
shake up in child protection services has been visiting British Forces in Germany.
Lord Laming says the level of family support seems higher in the BFG community
than in Britain itself.
In 2000 in London, an eight-year-old Ivorian girl, Victoria Adjo Climbié (2
November 1991 – 25 February 2000), was tortured and murdered by her guardians.
Her death led to a public inquiry and produced major changes in child protection
policies in the United Kingdom.
Born in Abobo, Côte d’Ivoire, Climbié left the country with her great-aunt Marie-
Thérèse Kouao, a French citizen, for an education in France, where they travelled,
before arriving in London in April 1999. It is not known exactly when Kouao started
abusing Climbié, although it is suspected to have worsened when Kouao and
Climbié met and moved in with Carl Manning, who became Kouao's boyfriend.
During the abuse, Climbié was burnt with cigarettes, tied up for periods of longer
than 24 hours, and hit with bike chains, hammers and wires. Up to her death, the
police, the social service department of four local authorities, the National Health
Service, the National Society for the Prevention of Cruelty to Children (NSPCC),
and local churches all had contact with her, and noted the signs of abuse. However,
in what the judge in the trial following Climbié's death described as "blinding
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incompetence", all failed to properly investigate the case and little action was taken.
Kouao and Manning were convicted of murder and sentenced to life imprisonment.
After Climbié's death, the parties involved in her case were widely criticised. A
public inquiry, headed by Lord Laming, was ordered. It discovered numerous
instances where Climbié could have been saved, noted that many of the
organisations involved in her care were badly run, and discussed the racial aspects
surrounding the case, as many of the participants were black. The subsequent report
by Laming made numerous recommendations related to child protection in England.
Climbié's death was largely responsible for the formation of the Every Child
Matters initiative12
; -the introduction of the Children Act 2004 13
; the creation of the
contact point project, a governmental database designed to hold information on all
children in England (now defunct after closure by the government of 2010); and the
creation of the Office of the Children's Commissioner chaired by the Children’s
Commissioners for England.
 Every Child Initiative main aims are for every child, whatever their
background or circumstances, to have the support they need to:
• stay safe
• be healthy
• enjoy and achieve
• make a positive contribution
• achieve economic well-being
 CHILDREN’S ACT 2004
Section 2 General function
(1)The Children’s Commissioner has the function of promoting awareness of the
views and interests of children in England.
(2)The Children’s Commissioner may in particular under this section—
(a) Encourage persons exercising functions or engaged in activities affecting children to take
account of their views and interests;
12
https://www.gov.uk/government/uploads/system/uploads/attachment_data/fi
le/272064/5860.pdf Every Child Matters Document
13
http://www.legislation.gov.uk/ukpga/2004/31/pdf s/ukpga_20040031_en.pdf
Children’s Act 2004
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(b) Advise the Secretary of State on the views and interests of children;
(c) Consider or research the operation of complaints procedures so far as relating to children;
(d) Consider or research any other matter relating to the interests of children;
(e) Publish a report on any matter considered or researched by him under this section.
(3)The Children’s Commissioner is to be concerned in particular under this section with the
views and interests of children so far as relating to the following aspects of their well-being—
(a)physical and mental health and emotional well-being;
(b) Protection from harm and neglect;
(c) Education, training and recreation;
(d) The contribution made by them to society;
(e) Social and economic well-being.
(4)The Children’s Commissioner must take reasonable steps to involve children in the
discharge of his function under this section, and in particular to—
(a) Ensure that children are made aware of his function and how they may communicate with
him; and
(b) Consult children, and organisations working with children, on the matters he proposes to
consider or research under subsection (2)(c) or (d).
(5)Where the Children’s Commissioner publishes a report under this section he must, if and
to the extent that he considers it appropriate, also publish the report in a version which is
suitable for children (or, if the report relates to a particular group of children, for those
children).
(6)The Children’s Commissioner must for the purposes of subsection (4) have particular
regard to groups of children who do not have other adequate means by which they can make
their views known.
(7)The Children’s Commissioner is not under this section to conduct an investigation of the
case of an individual child.
(8)The Children’s Commissioner or a person authorised by him may for the purposes of his
function under this section at any reasonable time—
(a) Enter any premises, other than a private dwelling, for the purposes of interviewing any
child accommodated or cared for there; and
(b)if the child consents, interview the child in private.
(9)Any person exercising functions under any enactment must supply the Children’s
Commissioner with such information in that person’s possession relating to those functions
as the Children’s Commissioner may reasonably request for the purposes of his function
under this section (provided that the information is information which that person may,
apart from this subsection, lawfully disclose to him).
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(10)Where the Children’s Commissioner has published a report under this section containing
recommendations in respect of any person exercising functions under any enactment, he may
require that person to state in writing, within such period as the Children’s Commissioner
may reasonably require, what action the person has taken or proposes to take in response to
the recommendations.
(11)In considering for the purpose of his function under this section what constitutes the
interests of children (generally or so far as relating to a particular matter) the Children’s
Commissioner must have regard to the United Nations Convention on the Rights of the
Child.
(12)In subsection (11) the reference to the United Nations Convention on the Rights of the
Child is to the Convention on the Rights of the Child adopted by the General Assembly of the
United Nations on 20th November 1989, subject to any reservations, objections or
interpretative declarations by the United Kingdom for the time being in force.
United Nations Convention on the Rights of the Child (1989)
Preamble
The States Parties to the present Convention,
Considering that, in accordance with the principles proclaimed in the Charter of the
United Nations, recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and
peace in the world,
Bearing in mind that the peoples of the United Nations have, in the Charter,
reaffirmed their faith in fundamental human rights and in the dignity and worth of
the human person, and have determined to promote social progress and better
standards of life in larger freedom,
Recognizing that the United Nations has, in the Universal Declaration of Human
Rights and in the International Convention of Human Rights, proclaimed and
agreed that everyone is entitled to all the rights and freedoms set forth therein,
without distinction of any kind, such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth, or other status,
Recalling that, in the Universal Declaration of Human Rights, the United Nations
has proclaimed that childhood is entitled to special care and assistance,
Convinced that the family, as the fundamental group of society and the natural
environment for the growth and well-being of all its members and particularly
children, should be afforded the necessary protection and assistance so that it can
fully assume its responsibilities within the community,
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Recognizing that the child, for the full and harmonious development of his or her
personality, should grow up in a family environment, in an atmosphere of
happiness, love and understanding,
Considering that the child should be fully prepared to live an individual life in
society, and brought up in the spirit of the ideals proclaimed in the Charter of the
United Nations and in particular in the spirit of peace, dignity ,tolerance, freedom,
equality and solidarity,
Bearing in mind that the need to extend particular care to the child has been stated in
the Geneva Declaration of the Rights of the Child of and in the Declaration of the
Rights of the Chid adopted by the General Assembly on 20 November 1959 and
recognized in the Universal Declaration of Human Rights, in the International
Covenant on Civil and Political Rights (in particular in articles 23 and), in the
International Covenant on Economic; Social and Cultural Rights ( and in particular
Article 10) and in the statutes and relevant instruments of specialized agencies and
international organizations concerned with the welfare of children,
Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the
child, by reason of his physical and mental immaturity, needs special safeguards and
care, including appropriate legal protection, before as well as after birth",
Recalling the provisions of the Declaration on Social and Legal Principles relating to
the Protection and Welfare of Children, with Special Reference to Foster Placement
and adoption Nationally and Internationally; the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice ( The Benjing Rules); and
the Declaration on the Protection of Women and Children in Emergency and Armed
Conflict,
Recognizing that, in all countries in the world, there are children living in
exceptionally difficult conditions, and that such children need special consideration,
Taking due account of the importance of the traditions and cultural values of each
people for the protection and harmonious development of the child,
Recognizing the importance of international co-operation for improving the living
conditions of children in every country, in particular in the developing countries,
Have agreed as follows:
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s)
or any other person who has the care of the child.
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2. Such protective measures should, as appropriate, include effective procedures for the
establishment of social programmes to provide necessary support for the child and for
those who have the care of the child, as well as for other forms of prevention and for
identification, reporting, referral, investigation, treatment and follow-up of instances
of child maltreatment described heretofore, and, as appropriate, for judicial
involvement.
 RECOMMENDATION No. R (84) 4 OF THE COMMITTEE OF
MINISTERS TO MEMBER STATES ON PARENTAL
RESPONSIBILITIES1 (Adopted by the Committee of Ministers on
28 February 1984 at the 367th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the
Council of Europe, Considering that the aim of the Council of Europe is to achieve a
greater unity between its member states, inter alia, by promoting the adoption of
common rules in legal matters; Considering that it is possible to make improvements
to the legal systems relating to parental responsibilities in order to promote the
development of the personality of the child and to protect his person and his moral
and material interests while guaranteeing legal equality between parents,
Recommends governments of member states to adapt, where necessary, their
legislation to comply with the principles concerning parental responsibilities set out
in the appendix to this recommendation.
Appendix to Recommendation No. R (84) 4
Principle 1 For the purposes of this recommendation:
a. parental responsibilities are a collection of duties and powers which aim at
ensuring the moral and material welfare of the child, in particular by taking care of
the person of the child, by maintaining personal relationships with him and by
providing for his education, his maintenance, his legal representation and the
administration of his property;
b. the terms "father", "mother", "parents" refer to persons having a legal filiation
link with the child.
Principle 2 Any decision of the competent authority concerning the attribution of
parental responsibilities or the way in which these responsibilities are exercised
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should be based primarily on the interests of the child. However, the equality
between parents should also be respected and no discrimination should be made, in
particular on grounds of sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national minority, property,
birth or other status.
Principle 3 When the competent authority is required to take a decision relating to
the attribution or exercise of parental responsibilities and affecting the essential
interests of the children, the latter should be consulted if their degree of maturity
with regard to the decision so permits.
Principle 4 When the persons having parental responsibilities exercise them in a
way which is detrimental to the essential interests of the child, the competent
authority should take, of its own motion or on application, any appropriate
measures.
Principle 5 Parental responsibilities for a child of their marriage should belong
jointly to both parents.
Principle 6 in the case of dissolution of the marriage or of a separation of the
parents, the competent authority requested to intervene should rule on the exercise
of parental responsibilities. It should accordingly take any appropriate measures, for
example by dividing the exercise of the responsibilities between the two parents or,
where the parents consent, by providing that the responsibilities should be exercised
jointly. In taking its decision, the authority should take account of any agreement
concluded between the parents provided it is not contrary to the interests of the
children.
Principle 7 1. Where the child is born out of wedlock and a legal filiation link is
established with regard to one parent only, the parental responsibilities should
belong to that parent. 2. Where the child is born out of wedlock and a legal filiation
link is established with regard to both parents, national law may provide that the
parental responsibilities should be exercised: a. subject to the provisions of Principle
8: i. by the mother alone; ii. by the father alone, when a decision has been taken by
the competent authority or when an agreement has been concluded between the two
parents; b. according to the division between the two parents decided by the
competent authority; c. jointly by both parents if they live together or if an
agreement has been concluded between them.
Principle 8: In all cases both parents should be under a duty to maintain the child.
The parent with whom the child does not live should have at least the possibility of
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maintaining personal relationships with the child unless such relationships would be
seriously harmful to the interests of the child.
Principle 9 1. Where the parental responsibilities are exercised jointly by both
parents and one of them dies, these responsibilities should belong to the surviving
parent. 2. Where the parent who exercises alone some parental responsibilities dies,
his responsibilities should be exercised by the surviving parent unless the interests
of the child require any other measures. 3. Where there is no longer any parent
living, the competent authority should take a decision concerning the attribution of
parental responsibilities. National legislation may provide that these responsibilities
may be given to a member of the family or to a person designated by the last parent
to die, unless the interests of the child require any other measures.
Principle 10 1. Where parental responsibilities are exercised jointly by both
parents, any decision affecting the interests of the child should be taken by the
agreement of both. 2. Where there is a disagreement and the matter is referred to the
competent authority by one of the parents, this authority should, insofar as the
interests of the child so require, try to reconcile the parents, and, if this fails, take the
appropriate decision. 3. With regard to third parties, the agreement of both parents
should be presumed except in cases where national law, having regard to the
importance of the interests at stake, requires an express agreement.
Principle 11 Each parent should normally be informed of the exercise of the
responsibilities which have not been given to him, to the extent desired by him and,
in any event, when the essential interests of the child are affected. I 20 286 - 2 -
THE CHILDREN’S CHARTER AND OTHER ACTS
1908 Children’s Act was created to protect the poorest children in society from
abuse
 Intriguing History Act -Article :Law and Protection of Children in British
History
 PART I
The poor children of Britain were treated as an underclass of Victorian
society and given little consideration by the majority.
The emergence of social reformers in the mid 19th century and their work in
children’s education and welfare shone a light on the appalling conditions in
which many children lived and worked. Literature in the form of novels such
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as those of Charles Dickens told of an underworld in which the brunt of ill
treatment seemed to be reserved for children and women.
Wor
khouse Children 1895
The Liberal social reformers changed this though and as the C19th
progressed, children were, more and more considered as singular entities.
As social reformers turned their attention to the problems of poverty in the
country, so they came to realise that children were largely ineffectual in terms
of changing their conditions and circumstances. They had no power over their
own lives and so it became obvious that the state would have to step in and
protect them.
Reformers such as Charles Booth and Sebohm Rowntree for example
attempted to quantify poverty and it was this work that inadvertently led to
the Children’s Act of 1908, sometimes known as the Children’s Charter.
It was meant to attempt to apply a unified system of law to cover many of the
previous Education Acts as they applied to schools including both reform and
industrial schools.
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 The Main thrusts of the 1908 Children’s Act were:

• Prevention of Cruelty to Children
• Protection of infant life
• Provision for juvenile offence
• Provide constitutional basis for reform and industrial
schools
 1908 Children’s Act in more detail:
The 1908 Children’s Act was a large document but here is an overview of
some of the areas covered.
Protection of infant life – this was about child minding. Anyone looking after
a child under the age of 7 and receiving payment for it were now subject to
the act. They had to inform the local authority, within 48 hours that they
were minding a child. Inspectors could visit the house and determine how
many children could be cared for and they had the authority to remove a child
to a place of safety. To prevent the child from being murdered, through
neglect or otherwise, no childminder could take out insurance on a child in
their care and had to inform the coroner if a child did die in their care.
Cruelty to children – The 1889 Prevention of Cruelty to Children Act covered
a lot of this part of the act but the neglect of parents towards their children
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was covered in more detail, examples are, the death of children from
suffocation if placed to sleep in a parents bad when that parent was drunk
and leaving children under 7 years old in a room with an unguarded fire. The
idea of neglect causing suffering, so if a child was not fed or clothed properly
or had been refused medical attention.
Smoking and children – It was made an offense to sell cigarettes or any
smoking paraphernalia to a child under 16 years. Police could also seize
cigarettes from anyone under 16.
The 1908 Children’s Act also dealt with how child offenders would be
punished. The good news is that children would no longer be executed for
capital crimes nor would they be placed in adult prisons, however they could
still be whipped. They would be cared for in juvenile detention
centres. Parents were also expected to pay fines imposed and were made more
responsible for their child’s behaviour.
Much else is covered in the act, including such things as protecting children
giving evidence in court, from being used by criminals to offload stolen
goods, preventing them from being in public houses, from being denied
education, from being neglected by a vagrant lifestyle.
These Liberal reforms came late in the day. Children had suffered, being
forgotten citizens for hundreds of years with little or any protection. The new
act meant children became protected persons. Parents who ill-treated or
neglected their children could now be prosecuted. The act was an important
step, maybe not so much in its detail but in accepting that the state and the
parents had to assume responsibility for the child, a lesson we are still
learning today. It was a step in recognizing childhood as distinct from
adulthood and therefore in establishing the rights of the child.
Until 1839, when a husband and wife separated, the children were deemed
to be the property of the man and a mother lost all legal rights to them.
However in 1838, Caroline Norton, a woman whose involvement in politics
and whose suffering at the hands of her husband were notorious, campaigned
for change in the law on the custody of children.
The law which was eventually passed in 1839 would allow mothers, against
whom adultery had not been proved, to have custody of children under seven
and rights to access to older children. Caveats were that the Lord Chancellor
had to agree it and the mother had to be of good character.
It became the first piece of feminist legislation passed into law.
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INKWELLS PRISON REFORMS I
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INKWELLS PRISON REFORMS I
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INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I
INKWELLS PRISON REFORMS I

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INKWELLS PRISON REFORMS I

  • 1. INKWELLS PROBLEMS OF JUSTICE AND PRISON IMMORALITIES Foreword Dedicated to Father Sophrony, who wrote: “In God all are alive”. Words of Life; 1998 p.16 Christ said: “Unless you exceed the virtues of the Pharisees, you cannot be saved”. Words of Life; 1998 p.35. INKWELLS DESPINA FERENTINOU
  • 2. P a g e | 2 “When we think of His humanity, we know Him as perfect Man. Wisdom, humility, life, eternal light, all are in Him. Words of Life; 1998 p.17 Through the Monastery of St. John the Baptist in Essex, I reached work on the Spiritual discourses of Elder Arseny and Alexei an atheist student, former scholar of church art, who became prisoner No.18376 in the brutal “special sector” of the Soviet prison camp system.- and theological influential writings: “ ...There is nothing hidden on earth which God has not made known to me. Light has never ceased to shine on my eyes. I have not slept in the day, nor have I ceased to seek God at night; but an angel has always with me, showing me the powers of the world. The light of my understanding has never been extinguished. Everything I have asked from God I have received at once. I have often seen tens of thousands of angels standing before God. I have seen choirs of the just. I have seen companies of martyrs. I have seen armies of monks. I have seen the work of those who praise God...”Chapter XI ON ABBA SOUROUS: The Lives of the Desert Fathers p.88 –The Historia Monachrorum in Aegypto-Cistercian Publications; USA- Norman Russell and Benedicta Ward SLG1980. “Vision ( bzata) and revelation (gelyana) are terms closely associated with contemplation. Whereas contemplation depends on the mediation of angels, visions and revelations are often an immediate contact with the world on high. Angels can take part in visions, but their function in them is not limited to mediation between God and a human person; rather in visions they act in an independent role as messengers of divine mysteries.” The Spiritual World of Isaac the Syrian by Alfeyev Cistercian Publications 2000 p.229- following Saint Benedict’s Rule for Monks and the Citeaux Settling in 1098  PRISON REFORMS London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 3. P a g e | 3 Criminology and Criminological Policy considerations: A personal reflection on legal policies from “a hermetic journey on work for unjustly human losses and the financially deprived”: Personally Suggesting: i. “Open Doors” Inter –linked Church supervised- state institutions with professionals in the provision of services. (Crime losses can be calculated in economic values and criminals ought to know what they owe. Nevertheless, criminals ought neither to be deprived the welfare amounts nor to be deprived of an opportunity to develop their personae to the best of professionals ability and duty). ii. Immediate access to a twenty four hours clock visitation and visual contact for family and friends’ though out the year. iii. Medically centered provision of services for extremely severe cases of crime sex crimes and murder cases. iv. Provisions for hobby satisfaction, in combination with program me s for learning at academic level of standards with obligatory subjects on psychology, psychiatric understanding, behavioral and social learning. v. Organizing a flexible calendar on a daily routine, rotating duties, working in co operation with the Governors- families- retreat centers –in contractual arrangements in line with analytical Court decisions: focus on woman’s needs particularities -as of rule -with programs designed for women’s’ personal, social and family management development. A BRIEF OUTLINE OF THE TAMPLE AND CONTENTS I. Parliamentary UK Debates and Proposals for Prison Reforms: London: 21st January 2016 –at 11:38:05 -“Royal Hours” - Parliamentary Proposals for Prison Reforms II. Prison Disturbances in the UK and the Lord Woolf’s Report and Recommendations III. “Running out of Prison attempts” –Images and Miscarriages of Justice London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 4. P a g e | 4 IV. BBC TV Movie 1993 about Carl Bridgewater four( page 14) V. Lord Scarman’s Inquiry: Social unrest-uprising and civil disturbances-People’s call for change-citizen’s grievances (page 15) VI. Community policing and culturally inclusive recruitment policies: social factors contributing to criminality VII. The Case of Steven Lawrence Inquest –official recognition for Institutional changes VIII. Lord Denning’s Devotion- Dedication to Justice of high standards of Morality in Christian Faith (p.19) IX. Lord Justice Taylor’s Inquiry in Hillsborough disaster and controversies over neglectful duties that may have prevented the death and serious injuries to many people (pp 20-29) • Hillsborough 1996 ITV Film (page 21) X. Two Cases of Child Protection Inquiries: Crime Prevention Policies (p.30)  Case A: Baby P –Baby Peter Child A BBC Documentary found dead in his cot 3rd August 2007 -under the supervision of professionals-  Case B: Victoria Climbie 2000 an Ivorian girl eight years old tortured and murdered by guardians • Every Child Initiative (stay safe-be health-enjoy - achieve economic well-being- make a positive contribution p.44) XI. International Law on Child Protection System 2008  The Protective Environmental Framework • Strengthening the Social Welfare Sector as a strategic approach - policy development (p.37) • Strengthening the protective role of families and communities (p.38) • Supporting Public education and social dialogue (p.39) XII. Council of Europe Recommendations R(84) of the Committee of Ministers: Parental Responsibilities( pp.49-51) XIII. The Children’s Charter –Parliamentary Act(s)- from workhouse children in 1895 to school meals 1906 to current progressive reports:  Lord Lammy’s Review: published 12th March 2009 London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 5. P a g e | 5 XIV. London Child Protection Procedures (pp.58-91) XV. Duty to conduct s.47 Enquiries (p.59)  Responsibilities of all parties(p.60)  Referral and assessment procedures(p.64)  Strategy meetings and discussions (pp. 65-68)  Multiagency checks (p.70) Referrals to the Police (p.72) Involving Family Members and children (p.74) Missing or inaccessible children (p.75)  Visually recorded interviews ABE ( pp.75/76)  Paediatric assessments (pp.77-84) XVI. Lord Slynn’s of Hardley Legal Rights Contributions : Procedural Fairness (p.91) XVII. Prison Population and capacity Briefing Reports (pp.92-99) XVIII. The desperation of the convicts through the vicious circles of deadlock imprisonments ( Prison Images p.100 ) XIX. Church Institutional Errors (p.101) XX. Social Transformation and inefficient crime prevention policies (pp. 101-103) XXI. The role of the prison officer- Justice Committee (p.103).The view of the Minister of Justice (p.104) Governmental response to Justice Select Committee’s report on the role of the prison officer (p.105) XXII. References and thoughtful links (pp. 106-109)  The Royal Hours London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 6. P a g e | 6 “For an Angel of peace, a faithful Guide, a guardian of our souls and bodies, let us ask of the Lord.[My theorem and orthologism: God ontological as a creator: human beings: The Law in Commandments-rulers imposing severe punishments: - Christ the Lord- imperfect governmental officials-public personnel in omissions during their duties- criminals? Christ defended-defending those who blocked –socially –economically –professionally –hierarchically- personally – mentally -took justice in their own hands, or violated laws and regulations –“trapped by sin to disobey Authorities “an assumption for the main-centre-core- substantial- reason for crimes- criminals who wish to change or Cain and other lost as impossible for the human ability criminal cases–such as the case of Lot in the Bible-Old Testament or “Judas” in the New Testament?]  London: 21st January 2016 -11:38:05- Parliamentary Proposals for Prison Reforms: http://parliamentlive.tv/event/index/cd229335-c0cc-4bfc-af80- 94422a5275ee?in=11:38:01 -Overall core issues recognised by Governors.- • Restraining prisoners’ punishment to the deprivation of liberty, stating the legal basis for the rehabilitation policy. Constant prison reports number unjustified deaths of inmates, observe increased numbers of self harm in particular vulnerable groups of young people that residential care or foster families did not manage to restrain or contain negative feelings and or demoralising experiences and dark thoughts that lead to crime in blocks of wishful thoughts. • Ending prison overcrowding: Prison Reviews: Noticing that more 85% of women in prison have been convicted for non violent crimes. High reoffending levels London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 7. P a g e | 7 45% within one year with much higher rate for the young people -67% -pre- determined a lost life purposeful achievement of life destination. • Re- examinations of sentencing and penal policy. (Community Orders are presented as more successful). • Empowering prison Governors in order to advance the level of living of the prisoners –the convicted and developing staff scientifically. • Improving health and environmental conditions and purposeful activities of prisons.  Exposing risks of an increase danger through current imprisonments: 2015 • 13% Increase to recorded assaults and violence of prisoners against prisoners • 42% Increase to reported assaults against prison personnel • 14% increase to the number of suicides • 21% increase of self inflicted harm London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 8. P a g e | 8 • The prison population has been increased, currently expected to increase due to failure of rehabilitation and imprisonment systems. Are we inflicting more harm and clearly disproportionate to the protection of a greater good than the one we aim to cease? • Access to medication was noticed as a problem even in the contemporary era. • 2014: Voting Ban proposals for the Convicted Prisoners: Voting Bill, ”convicting” convicted prisoners excluding them from participation in Parliamentary and Local Elections. • Probation Reforms include Rehabilitation in the Community introducing a minimum of 12 months supervision for all offenders sentenced to less than 2 years in custody and changes to the conditions that can be imposed as part of a Community Order or Supervised Sentencing Order as set out in the Offenders Rehabilitation Act 2014. • New Public Sector Probation Service has been created to directly manage High Risk Offenders known as National Probation Service, operating since 1st June 2014. • Community Rehabilitation Companies are now supervising offenders which are mostly privately led. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 9. P a g e | 9 • Thus, whereas previously offenders sentenced to less than 12 months were released unconditionally without probation supervision, from 2014 all offenders released from fixed custodial sentences between 1 day and 2 years will have at least 12 moths rehabilitation time spent on license with conditions and a further period of Supervision after release.  House of Commons Library, Briefing Paper Number 06894, 22nd January 2016, “Contracting out Probation Services 2013-2016”.  Prisons and the Tenth Anniversary of the Woolf Report ( Early day motion 258 –UK Parliament Session 2000-01 ) • On 31st January 2001, Lord Woolf, the Lord Chief Justice, was to commemorate the 10th anniversary of the submission of his Report on the Strangeways Riot by delivering the Prison Reform Trust Annual Lecture; notes that the Report recommended the stabilising of the prison population, improving prison regimes and establishing community prisons; notes further that despite these recommendations, the prison population has increased by in excess of 15,000 in the last 10 years and that half of new prisons built in this period are already overcrowded, that prisoners receive just 10 minutes more purposeful activity a day than they did 10 years ago, and that 11,000 prisoners are still held over 100 miles from home - making rehabilitation much more difficult; and therefore calls upon :  Her Majesty's Government to act urgently to address serious failings in the prison estate.  VALUING CULTURAL DIVERSITY “That police training and practical experience in the field of racism awareness and valuing cultural diversity should regularly be conducted at local level. And that it should be recognised that local minority ethnic communities should be involved in such training and experience.” London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 10. P a g e | 10 London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 11. P a g e | 11 THE WOOLF REPORT ON PRISON DISTURBUNCIES April 1990 at Strangeways prison, Manchester, a Lord Justice Woolf's Her Majesty's chief inspector of prisons, Judge Tumim, inquiry into the disturbances and other prisons, unprecedented. Control of one of one of the largest prisons was lost for 25 days. Significant violence erupted at eight more prisons and at others control was maintained with great difficulty. 183 persons have been convicted or were awaiting trial on charges including murder and riot. Lord Justice Woolf emphasised that was need to balance security and control with justice and humanity. FINDINGS LORD WOOLF’S UK RECOMMENDATIONS Prisoners must be kept constructively occupied in workshops and other activity. Lord Justice Woolf points out the value of card phones which allow prisoners to retain contact with their families emphasises how important it is for prisoners to retain their family ties. 1. Closer cooperation between the different parts of the Criminal Justice System. For this purpose a national forum and local committees should be established. 2. A "compact" or "contract" for each prisoner setting out the prisoner's expectations and responsibilities in the prison in which he or she is held. 3. A national system of Accredited Standards, with which, in time, each prison establishment would be required to comply. 4. Improved standards of justice within prisons involving the giving of reasons to a prisoner for any decision which materially and adversely affects him; a grievance procedure and disciplinary proceedings which ensure that the London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 12. P a g e | 12 Governor deals with most matters under his present powers; relieving Boards of Visitors of their adjudicatory role; and providing for final access to an independent Complaints Adjudicator. 5. Increased delegation of responsibility to governors of establishments. 6. More visible leadership of the Prison Service by the director general who is and is seen to be the operational head and in day to day charge of the service. To achieve this there should be a published “compact” or “contract” given by ministers to the director general of the Prison Service, who should be responsible for the performance of that “contract” and publicly answerable for the day to day operations of the Prison Service. 7. A new prison rule that no establishment should hold more prisoners than is provided for in its certified normal level of accommodation with provisions for Parliament to be informed if exceptionally there is to be a material departure from that rule. 8. 8. A public commitment from ministers setting a timetable to provide access to sanitation for all inmates at the earliest practicable date not later than February 1996. 9. A division of prison establishments into small and more manageable and secure units. 10. A separate statement of purpose, separate conditions and generally a lower security categorisation for remand prisoners.  Running out of Prison Attempts - Indicative – • -https://youtu.be/apHOzFmsed8 Published on Jun 24, 2015 In Upstate New York, two convicted murderers, Richard Matt and David Sweat, made a brazen escape from prison and continue to evade a massive manhunt. CNN's Randi Kaye inv • https://youtu.be/6kVvKyruJVY - Published on Oct 17, 2011At least three people were hurt on Tuesday after a riot at the North Fork Correctional Facility in Sayre, Okla. This video, shot by Sky5, shows prison guards getting things under control  Images from Prison Disturbances v Miscarriages of Justice London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 13. P a g e | 13 • https://youtu.be/P_YLGukEn_w Uploaded on Aug 19, 2010 Darrell Houston is now a free man. Prosecutors asked for the dismissal of charges because they felt they could not proceed with the case. • http://www.bbc.co.uk/news/uk-32835257 BBC News 3 October 2012 Last updated at 21:18 BST Stacey Hyde: Cleared of murder after five years in jail. • http://www.bbc.co.uk/news/uk-england-12664938 The Birmingham Six 'were in the wrong place at the wrong time'. • The Bridgewater Four were convicted in 1979 of murdering Carl Bridgewater, a 13-year-old paper boy who was shot on his round when he disturbed robbers at a farm in Staffordshire. Patrick Molloy died in jail in 1981. The remaining three were released in 1997 after their convictions were overturned • The Guildford Four and Maguire Seven were wrongly convicted in 1974 and 1976 respectively of planting bombs in various pubs in Guildford and Woolwich. Their convictions were quashed in 1989 and 1991. On February 9, 2005, British Prime Minister issued a public apology to the Maguire Seven and the Guildford Four for the "miscarriages of justice they had suffered". • http://www.bbc.co.uk/blogs/wales/entries/cdc56160-91eb-366d-ae0e- 5d9c5a676fe2 The execution of Timothy Evans proved a miscarriage of justice. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 14. P a g e | 14 • Robert Green, Henry Berry and Lawrence Hill, were hanged in 1679 at Greenberry Hill on false evidence for the unsolved murder of Edmund Berry Godfrey.  TV movie about the Carl Bridgewater Four - BBC 1993 I. .https://youtu.be/-MDmSVPFBO8 Part One II. https://youtu.be/Eudm-JkeIYo Published on Jan 1, 2016 Part two The Bridgewater Four was the collective name given to the quartet of men who were tried and found guilty of killing 13-year-old paperboy Carl Bridgewater, who was shot at close range near Stourbridge, England in 1978. 1 Additional -Further Reports and Proposals for Prisons 1 https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil e/271966/2128.pdf London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 15. P a g e | 15 LORD SCARMAN’S INQUIRY: SOCIAL UNREST- UPRIISING- CIVIL INSURRECTION: PEOPLE’S CALL FOR CHANGES  14th April 1981- two days after rioting in the area of Brixton -holds an inquiry. The social uprising counted: 299 injuries to police and 65 injuries to members of the public over a hundred vehicles were burned, including 56 police vehicles; and almost 150 buildings were damaged, with 28 burned. There were 82 arrests. Reports suggested that up to 5,000 people were involved in the riots. Other reports refer that over 300 people were injured, 83 premises and 23 vehicles were damaged during the disturbances, at an estimated cost of £7.5m. http://abcnews.go.com/Archives/video/april-12-1981-brixton-riots- 14265924 • Lord Scarman’s Police Act 19642 , report published November 25, 1981 states that "racial disadvantage that is a fact of British life". • Lord Scarman stated that "complex political, social and economic factors" created a "disposition towards violent protest". 2 http://www.legislation.gov.uk/ukpga/1964/48/pdfs/ukpga_19640048_en.pdf London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 16. P a g e | 16 • According to the report:"Without close parental support, with no job to go to, and with few recreational facilities available the young Black person makes his life the streets and the seedy, commercially-run clubs of Brixton. There he meets criminals, who appear to have no difficulty obtaining the benefits of a materialist society.”  Socio – Economic Problems- Unemployment –poor housing, education and urban decay can create feelings of despair, deprivation and hopelessness.  Racial disadvantage is still a fact of life for many neighbourhoods and stands high in any list of social problems Lord Scarman concluded that “the disorders were communal disturbances arising from a complex political, social and economic situation, which is not special to Brixton. There was a strong racial element in the disorders; but they were not a race riot. The riots were essentially an outburst of anger and resentment by young black people against the Police.” (The disorders, the riots were not predetermined. Petrol bombs were used from the first time ever on English soil. Evidence proves that it was white people who were assisting black people with the preparation and supply of the petrol bombs). Community policing Lord Scarman called for a new emphasis on community policing and said more people from ethnic minorities should be recruited to the force. He also advised the government to end racial disadvantage and tackle the disproportionately high level of unemployment among young black men - as high as 50% in Brixton. 1. In 1985 he introduced into the House of Lords a bill to incorporate into English law the civil rights set out in the European Convention of Human Rights 2. Police and policing methods; 3. Consultation and accountability. consultation groups in relation to London boroughs statutory framework 4. Some of Lord Scarman's reforms were implemented. The Police and Criminal Evidence Act 19843 set out the way police officers were to carry out their duties, safeguarding to a greater extent civil liberties. It stated specific codes of practices456 for police procedures and established the rights of people detained by the police for a suspected crime or offence. 3 http://www.legislation.gov.uk/ukpga/1984/60/contents London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 17. P a g e | 17  Jurisprudence on Police Professional Conduct towards the citizens 5. In Osman v Southwark Crown Court (1999),the search of Osman was held to be unlawful because the officers searching him did not give their names and station, contrary to PACE's requirements. 6. In O'Loughlin v Chief Constable of Essex (1997), the courts held that the entry of premises under section 17 PACE to arrest O'Loughlin's wife for criminal damage was unlawful because under PACE, anyone present on the premises must be given the reason for entry.  Conclusion ( Addressing social factors contributing to criminality) Lord Scarman, at page 135 of his Report relating to the Brixton disorders of 1981 said this:- "The evidence which I have received, the effect of which I have outlined ...., leaves no doubt in my mind that racial disadvantage is a fact of current British life ..... . Urgent action is needed if it is not to become an endemic, ineradicable disease threatening the very survival of our society .... racial disadvantage and its nasty associate racial discrimination have not yet been eliminated. They poison minds and attitudes; they are, as long as they remain, and will continue to be a potent factor of unrest". In 1985 there were further riots in Brixton after an officer accidentally shot and wounded a black woman during a police raid, and again 10 years later when a young black man died in custody. 22 April 1993. Stephen Lawrence had been with his friend Duwayne Brooks during the afternoon of 22 April. During this time one or more of the group stabbed Stephen twice. Three of the prime suspects were taken to trial in 1996 in a private prosecution which failed because of the absence of any firm and sustainable evidence. The trial resulted in the acquittal of all three accused. They can never be tried again in any circumstances in the present state of the law. The trial resulted in the acquittal of all 4 https://www.gov.uk/government/speeches/revision-of-the-pace-codes-of- practice-a-b-c-e-f-and-h 5 https://www.dojni.gov.uk/articles/pace-codes-practice 6 https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of- practice London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 18. P a g e | 18 three accused. The Inquest jury returned a unanimous verdict after a full hearing in 1997, that "Stephen Lawrence was unlawfully killed in a completely unprovoked racist attack by five white youths", consider recommendations suggested by about 100 people and organisations in connection with Inquiry, "to identify the lessons to be learned for the investigation and prosecution of racially motivated crimes.  Institutional Racism Sir William Macpherson's inquiry7 into the handling of the Stephen Lawrence murder, published in 2000, said the Metropolitan Police still suffered from "institutional racism". LORD DENNING MASTER OF THE ROLLS FROM 1962-1982 Lord Denning's devotion to justice is sated that was rooted in his strong faith. "Without religion there is no morality," he wrote, "and without morality there is no law." 7 https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil e/277111/4262.pdf London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 19. P a g e | 19 A MORAL IDEAL AS AN IMPOSSIBILITIY ____________________JUSTICE DURING LOSS OF LIFE______________________  Human loss and harm when millions are witnessing the scene:  In the Deadlock of the Exodus LORD JUSTICE TAYROR’S HILLSBOROUGH INQUIRY (S)  Immoralities- Illegalities-illegalities- social decline- professional neglect?  On 17 April 1989 appointment was made by the predecessor of the Rt Hon Douglas Hurd CBE, MP to carry out an Inquiry with the following terms of reference: "To inquire into the events at Sheffield Wednesday Football Ground on 15 April 1989 and to make recommendations about the needs of crowd control and safety at sports events."  Independent Panel –Controversies-  It seems that the Hillsborough inquests were controversial in their organisation, conduct and outcome. The South Yorkshire West District Coroner, Dr Stefan Popper, considered that the medical evidence determined that all who died received their fatal injuries from a common cause - the crush on the terraces. He repeatedly compared the deaths at Hillsborough with deaths in a car crash. In determining 'how' people died, therefore, he focused on the circumstances of the crush London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 20. P a g e | 20 rather than the effectiveness of rescue and resuscitation attempts. –Investigating findings.-  There was, and remains, considerable concern, for many who raise legal objections, that some of those who died were alive at 3.15pm and lived for a considerable time. Failure to intervene, lack of response or inappropriate response, such as being laid in a position that compromised their recovery (by airway obstruction) could have contributed to their deaths. The evidence leads to controversies instead of convincing about the truth.  An interim report was published in August 1989, 8 and the final report was published in January 19909 evidence from 174 witnesses  The 1990 official inquiry into the disaster, the Taylor Report, concluded that "the main reason for the disaster was overcrowding and the failure of police control." Factual Background • https://youtu.be/bUuSHrhPQyk Published on Sep 16, 2012 BBC MATCH OF THE DAY15th April 1989 UK: England- Sheffield • https://youtu.be/Am6vmX9SuOY Hillsborough disaster 1989 - As it happened - Live (part 2) • https://youtu.be/X3_4Ne_PJzI Published on Apr 16, 2014 Show in the late evening on the day of the tragedy at Hillsborough • https://youtu.be/5VPxriIRkbE HILLSBOROUGH Disaster Live News Coverage of the Day 1989 • https://youtu.be/xPNeaGgjWow Published on Sep 16, 2012 BBC News Bulletins  “BLAMING THE POLICE” - The torment of the victims and their families-  https://youtu.be/QEbZwn5VSiQ Hillsborough 1996 ITV TV film  History wrote the drama of the Hillsborough disaster as a collective loss of human lives –presences- in the presence of millions of others standing steps 8 http://www.southyorks.police.uk/sites/default/files/Taylor%20Interim%20Report.pdf Interim Report 15th April 1989 9 http://hillsborough.independent.gov.uk/report/index.html Final Report London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 21. P a g e | 21 around them during their last moments on this earth sensing them alive. The 1990s saw the closure of some of the oldest football stadiums in England.  Counting the deaths to the number of 96 people, the injured reached the number of 766 of additional others, at a football match between Liverpool and Nottingham Forest at Hillsborough stadium, England.  Among those who died, 78 were aged 30 or younger, 38 of the victims were children or teenagers, and all but three of them were aged less than 50 years of age.  April 1989, witnessed the deaths of 96 people and the cause of injuries of 766 others ending with numbers lost -96 people eventually dead in 1993-, as they never regained consciousness.  On the day 94 people, aged from 10 to 67 years old, died as a result of their injuries, either at the stadium, in the ambulances, or shortly after arrival at hospital.  Only 14 of the 96 fatally injured people arrived at a hospital.  By the disaster's 10th anniversary in 1999, at least three people who survived were known to have committed suicide as a result of the emotional problems brought on by the disaster. Another survivor had spent eight years in psychiatric care. Numerous cases of alcoholism and drug abuse were also attributed to lingering effects from the disaster, and it contributed to the collapse of a number of marriages involving people who had witnessed the events On 19 April, the death toll reached 95 when 14-year-old Lee Nicol died in hospital after his life support machine was switched off. The death toll reached 96 in March 1993, when artificial feeding and hydration were withdrawn from 22-year-old Tony Bland after nearly four years, during which time he had remained in a persistent vegetative state and shown no sign of improvement. This followed a legal challenge in the High Court by his family to have his treatment withdrawn, a legal challenge which succeeded in November 1992.Andrew Devine, aged 22 at the time of the disaster, suffered similar injuries to Tony Bland and was also diagnosed as being in a persistent vegetative state. In March 1997 — just before the eighth anniversary of the disaster — it was reported he had emerged from the condition and was able to communicate using a touch-sensitive pad, and he had been showing signs of awareness of his surroundings for up to three years before. He was still alive as of 2015. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 22. P a g e | 22  In September 2012, the Hillsborough Independent Panel concluded that up to 41 of the 96 fatalities might have been avoided had they received prompt medical treatment  Hillsborough Stadium in Sheffield, the home of Sheffield Wednesday, was selected by the Football Association (FA) as a neutral venue to host the FA Cup semi-final between Liverpool and Nottingham Forest football clubs. The event was scheduled for 3:00 pm on 15 April, and fans were advised to take up positions 15 minutes beforehand.  At the time of the disaster, most English football stadiums had high steel fencing between the spectators and the playing field Risks associated with confining fans in pens were highlighted by the Committee of Inquiry into Crowd Safety at Sports Grounds (the Popplewell inquiry inquiry) after the Bradford City stadium fire in May 1985. It made recommendations on the safety of crowds penned within fences, including that "all exit gates should be manned at all times ... and capable of being opened immediately from the inside by anyone in an emergency". Although Liverpool had more supporters, Nottingham Forest was allocated the larger area, to avoid the approach routes of rival fans crossing. On more fans were arriving than could be safely filtered through the turnstiles before 3:00 pm, people presenting tickets at the wrong turnstiles and those who had been refused entry could not leave because of the crowd behind them but remained as an obstruction. Match day, radio and television advised fans without tickets not to attend. With an estimated 5,000 fans trying to enter through the turnstiles and increasing safety concerns, the police, in order to avoid fatalities outside the ground, opened a large exit gate (Gate C) that ordinarily permitted the free flow of supporters departing the stadium. Two further gates (A and B) were subsequently opened to relieve pressure. After the disaster, Lord Justice Taylor was appointed to conduct an inquiry into the events. The Taylor Inquiry sat for a total of 31 days and published two reports. In all some 65 police officers gave oral evidence at the Inquiry. The Taylor Report had a deep impact on safety standards for stadiums in the UK. Perimeter and lateral fencing was removed and many top stadiums were converted to all seated. Purpose- built stadiums for Premier League and most Football League teams since the report is all- seater, fulfilling the safety recommendations of the Taylor Report. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 23. P a g e | 23 THREE SOMBRE LESSONS AFTER HILLSBOROUGH  Radial fences were installed to divide up the terraces; Old signs were not removed; excessive numbers down the tunnel into pens 3 and 4. During the 1970's, hooligan behaviour became a scourge at and around football grounds. Rival fans abused and fought with each other on the terraces. The pitch was invaded, sometimes to facilitate the fighting, sometimes in an attempt to abort a match by those whose team was losing and on occasions to display anger and seek to assault a referee or a player who had incurred displeasure. Throwing missiles, either at a player or a policeman or at rival fans, became another violent feature. When the police responded by searching fans for missiles on entry, the practice grew of throwing coins (which could not be confiscated). Sometimes the coins were sharpened in advance to make them more damaging.  The policy of segregation was born in the 1970's. Clubs have sub-divided their grounds to keep rival fans apart by putting fencing and sterile areas between them, by screening them from inciting each other, by separate entrances and exits and by perimeter fences round the pitch. Many of the fences are very high and are crowned with elaborate spikes and barbed wire, the top sections being inclined inwards to prevent their being scaled. At some grounds a telescopic tunnel is extended on to the pitch to protect the teams from missiles as they come on or go off.  Cost of Policing a Legal Citizens Entertainment Activity The cost in money, manpower and disruption is enormous. At times the cost of policing football in London was some £10 million of which only £1 million could be recovered from the clubs Nevertheless, there are ways of financing improvements if the club management is enterprising and resourceful. Sponsorship is one. Presently it brings £17.5 million into football annually. Under contractual arrangements, the Football Association receive some £6 million pa from the sale of television rights for domestic broadcasts, of which some £2.5 million is distributed to clubs. They also receive between £0.75 million and £1 million for the sale of television rights overseas.  Safety Options London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 24. P a g e | 24 Different attitudes taken by clubs or local authorities stem from the difficulty in balancing or deciding the priority of three crucial considerations: i. Fences, especially high, spiked fences, are intimidating, ugly and depressing. ii. Adequate measures must be taken to prevent pitch invasions for the reasons already given. iii. Whatever the measures taken to prevent pitch invasions, there must is adequate provision for escape in emergencies. At some grounds, point ii has been regarded as paramount at others, either point i or, especially after Hillsborough, point iii, have carried greatest weight so as to remove or greatly reduce the fencing. • FIFA (Federation Internationale de Football Association) passed a resolution on 26 July 1989 providing that as from the preliminary competition for the 1994 World Cup (starting in autumn 1992) "matches may in principle only be played in all seater stadia".  Adequate Measures to Prevent Pitch Invasions. UEFA regulation B6 of 1988 requires as follows "Protection of the playing field by means of (a) a fence of at least 2.2 metres in height or a moat or else (b) a barrier with adequate policing so as to make it impossible for spectators to enter the field of play. Fences must have sufficient security gates opening towards the playing field and in the case of moats or a combination of moats and fences adequate other security passages should be provided".  The Management staging events responsibility for the public’s safety In principle, a football club which invites the public to a match on its premises for reward is responsible for securing safety at that event. The Green Guide (1986) provides: "23. The safety of the public inside the ground is the responsibility of those who stage the event and administer the ground in which it is held, i.e. the "management". This responsibility applies in both normal and emergency situations... 195. ... There are five basic duties which stewards are called upon to carry out. These are: (a) controlling or directing members of the public who are entering or leaving the ground, to help achieve an even flow of people to the viewing areas and safe dispersal of spectators on the terraces or viewing slopes; (b) patrolling the ground to deal with any emergencies, e.g. raising alarms or extinguishing fires; (c) manning entrances, exits and other strategic points, especially exit doors and gates which are continuously open whilst the ground is in use; (d) assisting police as appropriate or as requested with crowd control; and (e) undertaking specific duties in an emergency."(Page 83) London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 25. P a g e | 25  Predicting the unscheduled The fans without Tickets (269) problem. One problem which creates difficulties for the police is the arrival of would-be spectators without tickets at an all ticket match. Although it was found there was not a large body of such fans at Hillsborough there undoubtedly were some. (P .109) CHAPTER 10 CLUB STRATEGIES AGAINST HOOLIGANS Luton 303. In March 1985, Millwall visited Luton with a large contingent of "supporters". Widespread disorder broke out causing injuries to both fans and police. Serious damage was also done in and outside the ground as well as to trains returning to London. (p123) CHAPTER 15: DANGER OF CONGESTION OR DISORDER Present Risk of Congestion: Congestion outside turnstiles and consequent injuries or disorder is already recognised risks. Those risks are aggravated by the limited number of turnstiles available and the limited scope for increasing them at many old grounds. They are also increased by the late arrival of a large proportion of the crowd, which is a common occurrence. During the last busy 20 minutes before kick-off, queues, or sometimes a phalanx, of waiting spectators, tend to build up. If the delivery through the turnstiles is delayed or slowed down, that build-up grows and its pressure further retards the turnstile operation. The next stage is that those waiting become restive, fearing they will not get in for the kick-off. Crowd noise from the ground, is denoting that the teams are out, and increases impatience. There is then real danger of pressure towards the turnstiles causing injuries and panic causing disorder.  This is what happened at Hillsborough. It is said that it nearly happened again, despite Hillsborough and the interim recommendations, at Coventry on the first day of the new season. p 154 PART V - FINAL RECOMMENDATIONS I. All-Seated Accommodation 1. The Secretary of State should ensure that spectators are admitted only to seated accommodation at matches played at sports grounds designated under the Safety of Sports Grounds Act 1975 in accordance with the timing set out in Recommendations 2 to 4 below. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 26. P a g e | 26 II. Advisory Design Council 5. The Football Association and the Football League should establish an Advisory Design Council whose functions should be (a) to conduct and marshal research into the improvement and design of football stadia; (b) to disseminate regularly such information and expertise as they acquire in this field to members of the Football League and, on request, to other football and sports clubs in England, Wales and Scotland. III. National Inspectorate and Review Body 6. (a) If Part I of the Football Spectators Act 1989 is implemented, section 13 should be brought into force giving the Football Licensing Authority the functions and powers therein specified (power to review the discharge of functions by local authorities). IV. Maximum Capacities for Terraces 7. Where a viewing terrace is divided into pens or areas which are self-contained, the Safety Certificate should specify the maximum number of spectators to be admitted to each such pen or area. A pen or area is to be deemed "self-contained" notwithstanding that it has a gate or gates affording access to another pen or area and whether such gate or gates be open or shut. V. Filling and Monitoring Terraces 11. There should be a written statement of intent, agreed between the club and the police, setting out their respective functions as to crowd safety and control and in particular as to the filling of each self-contained pen or other standing area and the monitoring of spectators in each such pen or area to avoid overcrowding. Any variation of the document in respect of an individual match should be agreed in writing in advance. VI. Safety Certificates 24. The Secretary of State should exercise his powers under either section 6(2) or section 15(A) of the Safety of Sports Grounds Act 1975 so as to make mandatory in Safety Certificates those conditions specified in the original section 2(2) of the 1975 Act. So far as the original section 2(2) (b) is concerned "shall" should be substituted for "may". VII. First Aid. Medical Facilities and Ambulances. There should be at each sports ground at each match at least one trained first aider per 1,000 spectators. The club should have the responsibility for securing such attendance. TRAINING FIRST AID That First Aid training for all "public contact" police officers (including senior officers) should at once be reviewed and revised to ensure that they have basic skills to apply First Aid. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 27. P a g e | 27 Officers must be taught to "think first aid", and first and foremost "A (Airways), B (Breathing) and C (Circulation)". VIII. 65. There should be at each designated sports ground one or more first aid rooms....p 198 IX. 66. (a) At every match where the number of spectators is expected to exceed 2,000, the club should employ a medical practitioner to be present and available to deal with any medical exigency at the ground. X. Offences and Penalties 70. Consideration should be given to creating an offence of selling tickets for and on the day of a football match without authority from the home club to do so. 71. Each of the following activities at a designated sports ground should be made a specific offence i. throwing a missile; ii. chanting obscene or racialist abuse; iii. going on the pitch without reasonable excuse.(p.199) XI. 72. Consideration should be given to extending the courts' powers to make attendance centre orders for football related offences on occasions of designated football matches. The provision should be capable of imposition on an offender aged 21 or over and subject to a maximum of 72 hours in the case of an offender aged 17 or over. 73. Consideration should be given to the use of electronic monitoring (tagging) in the sentencing of offenders convicted of football related offences. Conclusion 2.47 A study of all these reports-APPENDIX 4 FINAL REPORT OF MR JUSTICE POPPLEWELL'S INQUIRY The Shortt Report pp.223-226,The Moelwyn Hughes Report pp.226-228,The Chester Report pp228-229,The Harrington Report pp229-231 , The Lang Report pp231-232,The Wheatley Reportpp232-240, The McElhone Report p240. (and there are numerous reports and discussion papers by other bodies) shows that the following are measures which have been frequently recommended: 1. Closed Circuit Television 2. Membership Cards 3. Segregation 4. More seating at football grounds 5. Encouragement of supporters' clubs 6. A ban on alcohol London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 28. P a g e | 28 7. Involvement of the clubs with the community 8. Heavier penalties, arguing for these and related measures. It is to be hoped they will be more vigorously pursued by the appropriate bodies than in the past. (p.239) 2 CHILDREN PROTECTION INQUIRIES - PREVENTING CRIME EFFORTS- CASE S Victoria Climbie10 - Baby P11 CASE A Baby P BACKGROUND A. https://youtu.be/nhLURjB99D0 Panorama Baby P The Whole Truth Part 1 Uploaded on Mar 29, 2011 B. https://youtu.be/uWJ3568R1MsPanorama Baby P The Whole Truth Part 2 Uploaded on Mar 29, 2011 C. https://youtu.be/y8FwxyD16pwPanorama - Baby P - The Whole Truth Part 3.flv Uploaded on Mar 29, 2011 D. https://youtu.be/liobH5S3sVs Panorama - Baby P - The Whole Truth Part 4.flv Uploaded on Mar 29, 2011 E. https://youtu.be/494UUQtyD0I Panorama - Baby P - The Whole Truth Part 5.flv Uploaded on Mar 29, 2011 F. https://youtu.be/DJaMcujh3VY Baby P the Untold Story BBC Documentary 2014 Published on Oct 28, 2014“Baby P the Untold Story BBC Documentary 2014 who failed Baby P? The social workers and a single doctor have taken the blame from the public and the press, but were there other professionals who might have saved Peter Connelly? And if so, why did we never hear about it?” 10 http://webarchive.nationalarchives.gov.uk/20130401151715/http://www.educati on.gov.uk/publications/eOrderingDownload/CM-5730PDF.pdf THE INQUIRY VICTORIA CLIMBIÉ Chairman: Lord Laming 11 http://www.theguardian.com/society/joepublic/2009/mar/13/laming-review- child-protection Laming report: can we really put proposals into practice? London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 29. P a g e | 29 Featuring interviews with many people who've never discussed the story before, including Haringey's former head of children's services S S, Peter's social worker MW and NO', husband of the doctor who allegedly missed Peter's broken back, the film reveals the behind-the-scenes manoeuvring that pushed some professionals into the spotlight and left others hidden in the shadows.” The case of Peter Connelly (also known as "Baby P", "Child A", and "Baby Peter") was a 17-month-old English boy who died in London after suffering more than fifty injuries over an eight-month period, during which he was repeatedly seen by the London Borough of Haringey Children's services and National Health Service (NHS) health professionals. Baby P's real first name was revealed as "Peter" on the conclusion of a subsequent trial of Peter's mother's boyfriend on a charge of raping a two-year-old. His full identity was revealed when his killers were named after the expiry of a court anonymity order on 10 August 2009. The case caused shock and concern among the public and in Parliament, partly because of the magnitude of Peter's injuries, and partly because Peter had lived in the London Borough of Haringey North London under the same child welfare authorities that had already failed seven years earlier in the case of Victoria Climbie. That had led to a public inquiry which resulted in measures being put in place in an effort to prevent similar cases happening.  Baby P report: The key findings Monday, 1 December 2008 http://news.bbc.co.uk/1/hi/uk/7758897.stm “An independent report into the death of Baby P has delivered a damning verdict on the services provided by north London's Haringey Council. The 17-month-old boy died after months of abuse despite being on the council's child protection register. Children's Secretary Ed Balls said the shortcomings included:  Failure to identify children at immediate risk of harm and to act on evidence. This included a failure to talk to children believed to be at risk.  Agencies acting in isolation from one another without effective co-ordination.  Poor gathering, recording and sharing of information.  Insufficient supervision by senior management.  Insufficient challenge by the Safeguarding Children Board to council members and frontline staff.  Over-dependence on performance data which was not always accurate  Poor child protection plans. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 30. P a g e | 30  Failure to implement the recommendations of the Victoria Climbie inquiry, which heavily criticised it five years ago.  The action announced by the children's secretary included: • Removing S S from her post as head of children's services. • John Coughlan from Hampshire County Council to cover her role while the Department for Children, Schools and Families finds a permanent replacement. • Mr Coughlan is also to carry out an internal review of social work staff in Haringey. • Graham Badman, the director of Kent children's services, to take over Ms Shoesmith's role as chairman of the local Safeguarding Children Board. • A new serious case review to be undertaken into the death of Baby P, with an executive summary to be published by the end of March. • The education and children's services watchdog Ofsted to carry out unannounced annual inspections of children's services across the country. • More action to be taken at those authorities in England which have had "inadequate" serious case reviews to show they have made improvements.”  Timeline of Baby P case 8 October 2013 as in the BBC Article http://www.bbc.co.uk/news/uk-11626806 An account of the developments surrounding the case of 17-month-old boy Baby Peter who died in Haringey, north London, in August 2007 after suffering a series of injuries:  Chronology: Professional Diaries • 1 March 2006: Baby Peter is born to Tracey Connelly. • June 2006: Connelly begins a relationship with a new boyfriend Steven Barker. • November 2006: Barker moves into Connelly's home. • December 2006: Connelly is arrested after bruises are spotted on the boy's face and chest by a GP. • January 2007: The boy is returned home five weeks after being put in the care of a family friend. • February 2007: A whistle-blower, former social worker Nevres Kemal, sends a letter about her concerns over alleged failings in child protection in Haringey to the Department of Health. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 31. P a g e | 31 • 12 March 2007: Commission for Social Care Inspection (CSCI) inspectors meet Haringey officials to discuss concerns raised by Ms Kemal in the letter sent by her lawyer, which was dated 16 February 2007. • April 2007: Baby Peter is admitted-d to North Middlesex hospital with bruises, two black eyes and swelling on the left side of his head. • 1 April 2007: Ofsted takes over responsibility for inspecting children's services from the CSCI. • May 2007: After seeing marks on the boy's face, a social worker sends Baby Peter to the North Middlesex where 12 areas of bruises and scratches are found. Connelly is re-arrested. • June 2007: Barker's brother, Jason Owen, moves into the home with a 15-year- old girl. • 30 July 2007: Injuries to Baby Peter's face and hands are missed by a social worker after the boy is deliberately smeared with chocolate to hide them. • 1 August 2007: The boy is examined at a child development clinic. • 2 August 2007: Police tell Connelly she will not be prosecuted after her case is considered by the Crown Prosecution Service. • 3 August 2007: Baby Peter is found dead in his cot. • 11 November 2008: Owen, 36, from Bromley, and Barker, then 32, are found guilty of causing the death of Baby Peter. Connelly had pleaded guilty to the same charge. • 13 November 2008: Children's Minister Ed Balls orders an inquiry into the role of the local authority, the health authority and the police in the case of Baby Peter. • 14 November 2008: Downing Street denies accusations of "buck-passing" after details of whistle-blower Nevres Kemal's letter about Haringey's failings emerge. • 1 December 2008: Following a report into Haringey Children's Services, its leader George Meehan and cabinet member for children and young people Liz Santry resign. Sharon Shoesmith is removed as the local authority's director of children's services. • 8 December 2008: Ms Shoesmith is sacked by a panel of councillors with immediate effect. • 7 February 2009: Ms Shoesmith says the way ministers handled the Baby Peter case was "breathtakingly reckless". • 19 February 2009: Dr Jerome Ikwueke, a GP who saw Baby Peter 14 times before his death, is suspended by the General Medical Council. • 9 March 2009: Ms Shoesmith lodges an employment tribunal claim against Haringey Council. • 15 March 2009: A leaked report into the death of Baby Peter suggests there were further missed opportunities to save him from abuse. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 32. P a g e | 32 • 29 April 2009: Haringey Council dismisses a social worker and three managers for failings in the care of Baby Peter. • 1 May 2009: Barker is convicted of raping a two-year-old girl in north London. The crime came to light after he was arrested over Baby Peter's death. The Old Bailey jury cleared Connelly of cruelty to the girl. Baby Peter's name is revealed at the request of his family. • 13 May 2009: The NHS is criticised by the Care Quality Commission for failing in the care given to Baby Peter. • 22 May 2009: Connelly gets an indefinite jail term with a minimum term of five years for her part in her son's death. Barker is jailed for life with a minimum of 10 years for raping the two-year-old and given a 12-year term to run concurrently over his role in Baby Peter's death. Owen gets an indefinite sentence with a minimum term of three years. • 3 July 2009: Inspectors criticise Haringey Council, saying it has only made limited progress in tackling areas of weakness. • 11 August 2009: Connelly and Barker are named for the first time after the expiry of a court order. • 15 September 2010: Ms Shoesmith hits back over her sacking by Haringey Council, asking a Commons committee why the police and health services had not also been made to take responsibility. • 21 September 2010: Connelly and Barker are denied public funding to be represented at any resumed inquest into the child's death. A pre-inquest review was told they had not been given funds for legal representation. Baby Peter's father had said he wanted an inquest to take place. • 22 October 2010: Two social workers, who dealt with Baby Peter, Gillie Christou and Maria Ward, lose their claim for unfair dismissal. They had argued they were sacked unfairly by Haringey Council following his death, but a tribunal found the authority acted reasonably because of failings in the care they provided. • 26 October 2010: The second serious case review - the official account of the agencies' failings over Peter - is published, after the first one was ruled "inadequate" by Ofsted. • 27 May 2011: The Court of Appeal rules in favour of Ms Shoesmith, who claims former Children's Secretary Ed Balls and Haringey Council acted unlawfully by sacking her. • 24 June 2011: The Department for Education and Haringey Council confirm they will seek an appeal at the Supreme Court against the Court of Appeal's ruling that Sharon Shoesmith was unfairly sacked. • 2 August 2011: The Supreme Court refuses to grant officials leave to appeal against the decision that Ms Shoesmith was unfairly sacked. • 5 August 2011: Jason Owen, now 39, is released from prison after serving three years of a six-year sentence. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 33. P a g e | 33 • 5 March 2012: The natural father of Baby Peter, known as KC, is awarded £75,000 in damages after the publishers of The People wrongly accused him of being a sex offender. • 25 May 2012: Haringey Council workers Gillie Christou and Maria Ward lose their appeal against an employment tribunal ruling that they were fairly sacked. • 29 May 2012: The Chief Executive of Great Ormond Street Hospital Dr Jane Collins announces she is to stand down. • 31 October 2012: Baby P's natural father who was falsely accused of sex offences has his libel award of £75,000 cut to £50,000. • 12 March 2013: The Court of Appeal backs an employment tribunal ruling that Baby P's social workers were not sacked unfairly by Haringey Council. • 12 April 2013: Jason Owen is returned to prison for breaching conditions of his release. • 8 October 2013: The Parole Board says it has directed the release of the mother of Baby Peter, Tracey Connelly. International Law Upgraded Child Protection Systems  UNICEF defines a ‘child protection system’ as: The set of laws, policies, regulations and services needed across all social sectors – especially social welfare, education, health, security and justice – to support prevention and response to protection-related risks. These systems are part of social protection, and extend beyond it. At the level of prevention, their aim includes supporting and strengthening families to reduce social exclusion, and to lower the risk of separation, violence and exploitation. Responsibilities are often spread across government agencies, with services delivered by local authorities, non-Sate providers, and community groups, making coordination between sectors and levels, including routine referral systems, a necessary component of effective child protection systems.  United Nations Economic and Social Council (2008), UNICEF Child Protection Strategy, E/ICEF/2008/5/Rev.1, par. 12-13.  UNICEF Child Protection Strategy  http://www.unicef.org/protection/files/CP_Strategy_English.pdf United Nations Children’s Fund Executive Board Annual session 2008 3-5 June 2008 Section 9: In each area, the strategy builds on lessons learned at country level, combining approaches that are already part of child protection guidance with others that represent emerging sound practice. The strategic actions identified respond to: London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 34. P a g e | 34 • The global expectation of UNICEF leadership in child protection. • The need for broad-based partnerships that can leverage gains in child protection. • The value of building on previous achievements. •. The need to ensure that the multiple aspects of the protective environment are addressed • The potential for contributing to measurable advances in child protection over a 10-year period. • The need to synergize the work of United Nations agencies to achieve child protection results.  The Protective Environment Framework 1. Governmental commitment to fulfilling protection rights: includes social welfare policies, adequate budgets, public acknowledgement and ratification of international instruments. 2. Legislation and enforcement: includes an adequate legislative framework, its consistent implementation, accountability and a lack of impunity. 3. Attitudes, traditions, customs, behaviour and practices: includes social norms and traditions that condemn injurious practices and support those that are protective. 4. Open discussion, including the engagement of media and civil society: acknowledges silence as a major impediment to securing government commitment, supporting positive practices and ensuring the involvement of children and families. 5. Children’s life skills, knowledge and participation: includes children, both girls and boys, as actors in their own protection through use of knowledge of their protection rights and ways of avoiding and responding to risks. 6. Capacity of those in contact with the child: includes the knowledge, motivation and support needed by families and by community members, teachers, health and social workers and police, in order to protect children. 7. Basic and Targeted Services: includes the basic social services, health and education to which children have the right, without discrimination, and also specific services that help to prevent violence and exploitation, and provide care, support and reintegration assistance in situations of violence, abuse and separation. 8. Monitoring and oversight: includes effective systems of monitoring such as data collection, and oversight of trends and responses. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 35. P a g e | 35  Section 19. Strengthen the social welfare sector. Strategic approaches to the social welfare sector should focus on policy development, management and oversight capacity, as well as the quality and quantity of human resources, and better monitoring and information systems. • Support social welfare ministries in assuming an upstream role in the overall national child protection system. This includes support to strengthening capacity in strategic planning and costing of needed services. It also requires advocacy for appropriate budget allocation. • Support systematic improvements in the quality and use of social work, including its professionalization. • Promote the development of appropriate regulations and guidelines to improve quality of service provision by non-State actors, as well as government service providers. Section 30: Strengthen the protective role of families. The Violence Study strongly recommends that governments implement culturally appropriate and gender sensitive parenting and care-giving programmes to support families in providing a violence-free home. Such programmes should include: (a) increasing the understanding by parents and caregivers of the physical, psychological, sexual and cognitive development of infants, children and young people in the context of social and cultural factors; (b) Promoting non-violent relationships and non-violent forms of discipline and problem-solving skills; and (c) Addressing gender stereotypes. • Promote parenting education to encourage alternatives to violence for disciplining children. • Secure greater access to social protection for vulnerable families. • Strengthen advocacy on the elimination of violence against women and girls in the home, school, community and society. Section 31: Strengthen the protective role of communities. Communities are primarily a source of protection and solidarity for children. Working at community level is an effective way of promoting social change, notably through non-coercive London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 36. P a g e | 36 and non-judgmental approaches that emphasize the fulfilment of human rights and empowerment of girls and women. • Raise community awareness and stimulate open dialogue on the rights of the child and on practices that result in social exclusion or harm to children. • Encourage outreach by community members to interconnected social groups to gain the consensus needed for positive change. E/ICEF/2008/5/Rev.1 10 08-34856 • Support/evaluate community-based child protection networks that monitor child rights, promote behaviour change, and provide protection services and support to victims of violence and harmful practices. Section 32: Promote meaningful child participation and empowerment. Engaging children in active dialogue, and promoting respect for their views as established in the Convention on the Rights of the Child is critical for children’s empowerment as actors in their own protection and that of their peers. This includes child participation in both formal and informal justice processes. • Strengthen UNICEF work in education, HIV and adolescence to promote children as agents of change according to their evolving capacity, including through life skills education, prevention of stigma and discrimination, and peer communication. • Partner with and support civil society networks to promote children’s participation and empowerment. • Promote the legal empowerment of girls, boys and families, including through legal awareness and the provision of legal and paralegal services at community level. Section 33: Support public education and social dialogue. Public awareness campaigns can play a role in reducing the prevalence of unfavourable or discriminatory attitudes, beliefs and harmful practices towards children. • Develop an approach to communication for social change that encourages the abandonment of harmful or unprotective social practices and norms. • Encourage opportunities for open dialogue on child protection topics, in schools, institutions and community centres. Section 41: Review, update, expand and implement emergency-specific multi-partner guidance and mechanisms. Multi-partner guidance facilitates effective field cooperation, particularly in emergencies, and the process of developing shared London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 37. P a g e | 37 guidance often yields a better product. Multi-partner guidance developed among United Nations agencies, NGOs and inter-governmental organizations includes the IASC guidelines on gender-based violence, and on HIV and AIDS; the Paris Principles; the United Nations Disarmament, Demobilization and Reintegration standards; the Inter-agency Guiding Principles on Unaccompanied and Separated Children, the CD-ROM on Child Protection in Emergencies, the Minimum Standards for Education in Emergencies and other standards in area of landmines, small arms and explosive remnants of war. • Develop guidance and mechanisms to respond better to child protection concerns during and after natural disasters, and to address emerging issues including justice in emergencies, security sector reform, and children’s participation in transitional justice mechanisms. • Support implementation of IASC and other existing guidance, including new IASC Guidelines on Mental Health and Psychosocial Support in Emergency Settings.  Continue active participation in conflict-related mechanisms such as the monitoring and reporting mechanism under Security Council resolution 1612. http://www.refworld.org/pdfid/43f308d6c.pdf • Contribute actively to inter-agency approaches to protection. • Identify opportunities for training personnel assigned to peace-building operations on relevant child protection standards.  The children and Young Person Act 1920 enacted a bundle of laws to protect young persons and children in the early 20th century.  The Children and Young People Act 1933 established the foundations they were later consolidated into the state's employment, education, health and welfare by the Children Act 1989.  http://www.legislation.gov.uk/ukpga/1989/41/section/53 CHILDREN’S ACT 1989  Section 1 Welfare of the child. (1)When a court determines any question with respect to— (a) The upbringing of a child; or London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 38. P a g e | 38 (B) The administration of a child’s property or the application of any income arising from it, The child’s welfare shall be the court’s paramount consideration. (2)In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child. (3)In the circumstances mentioned in subsection (4), a court shall have regard in particular to— (a) The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); (b) His physical, emotional and educational needs; (C) The likely effect on him of any change in his circumstances; (d) His age, sex, background and any characteristics of his which the court considers relevant; (e) Any harm which he has suffered or is at risk of suffering; (f) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs; (g)the range of powers available to the court under this Act in the proceedings in question. (4)The circumstances are that— (a)the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or (b)the court is considering whether to make, vary or discharge [a special guardianship order or] an order under Part IV. (5)Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all. Section 16 A Risk assessments (1)This section applies to the following functions of officers of the Service or Welsh family proceedings officers— (a)any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises; (b)any function in connection with an order made by the court in such proceedings. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 39. P a g e | 39 (2)If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must— (a) make a risk assessment in relation to the child, and (b) provide the risk assessment to the court. (3)A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.]  Section 53 Provision of community homes by local authorities. (1)Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available— (a)for the care and accommodation of children looked after by them; and (b)for purposes connected with the welfare of children (whether or not looked after by them), and may do so jointly with one or more other local authorities. (2)In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation— (a)of different descriptions; and (b)which is suitable for different purposes and the requirements of different descriptions of children. (3)A community home may be a home— (a)provided, equipped, maintained and (subject to subsection (3A)managed] by a local authority; or (b) provided by a voluntary organisation but in respect of which a local authority and the organisation— (i)propose that, in accordance with an instrument of management, the [equipment, maintenance and (subject to subsection (3B)) management] of the home shall be the responsibility of the local authority; or (ii)so propose that the management, equipment and maintenance of the home shall be the responsibility of the voluntary organisation. (3A)A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children. (3B)Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 40. P a g e | 40 the management by another person of accommodation provided for the purpose of restricting the liberty of children.] (4)Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home. (5)Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home. (6)Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part.  CASE B. THE CASE OF VICTORIA CLIMBIE: o http://news.bbc.co.uk/1/hi/england/7424051.stm o https://www.youtube.com/watch?v=dgrclBk3DWA Uploaded on Nov 9, 2010  The peer whose reports into the deaths of Victoria Climbie and Baby Peter prompted a shake up in child protection services has been visiting British Forces in Germany. Lord Laming says the level of family support seems higher in the BFG community than in Britain itself. In 2000 in London, an eight-year-old Ivorian girl, Victoria Adjo Climbié (2 November 1991 – 25 February 2000), was tortured and murdered by her guardians. Her death led to a public inquiry and produced major changes in child protection policies in the United Kingdom. Born in Abobo, Côte d’Ivoire, Climbié left the country with her great-aunt Marie- Thérèse Kouao, a French citizen, for an education in France, where they travelled, before arriving in London in April 1999. It is not known exactly when Kouao started abusing Climbié, although it is suspected to have worsened when Kouao and Climbié met and moved in with Carl Manning, who became Kouao's boyfriend. During the abuse, Climbié was burnt with cigarettes, tied up for periods of longer than 24 hours, and hit with bike chains, hammers and wires. Up to her death, the police, the social service department of four local authorities, the National Health Service, the National Society for the Prevention of Cruelty to Children (NSPCC), and local churches all had contact with her, and noted the signs of abuse. However, in what the judge in the trial following Climbié's death described as "blinding London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 41. P a g e | 41 incompetence", all failed to properly investigate the case and little action was taken. Kouao and Manning were convicted of murder and sentenced to life imprisonment. After Climbié's death, the parties involved in her case were widely criticised. A public inquiry, headed by Lord Laming, was ordered. It discovered numerous instances where Climbié could have been saved, noted that many of the organisations involved in her care were badly run, and discussed the racial aspects surrounding the case, as many of the participants were black. The subsequent report by Laming made numerous recommendations related to child protection in England. Climbié's death was largely responsible for the formation of the Every Child Matters initiative12 ; -the introduction of the Children Act 2004 13 ; the creation of the contact point project, a governmental database designed to hold information on all children in England (now defunct after closure by the government of 2010); and the creation of the Office of the Children's Commissioner chaired by the Children’s Commissioners for England.  Every Child Initiative main aims are for every child, whatever their background or circumstances, to have the support they need to: • stay safe • be healthy • enjoy and achieve • make a positive contribution • achieve economic well-being  CHILDREN’S ACT 2004 Section 2 General function (1)The Children’s Commissioner has the function of promoting awareness of the views and interests of children in England. (2)The Children’s Commissioner may in particular under this section— (a) Encourage persons exercising functions or engaged in activities affecting children to take account of their views and interests; 12 https://www.gov.uk/government/uploads/system/uploads/attachment_data/fi le/272064/5860.pdf Every Child Matters Document 13 http://www.legislation.gov.uk/ukpga/2004/31/pdf s/ukpga_20040031_en.pdf Children’s Act 2004 London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 42. P a g e | 42 (b) Advise the Secretary of State on the views and interests of children; (c) Consider or research the operation of complaints procedures so far as relating to children; (d) Consider or research any other matter relating to the interests of children; (e) Publish a report on any matter considered or researched by him under this section. (3)The Children’s Commissioner is to be concerned in particular under this section with the views and interests of children so far as relating to the following aspects of their well-being— (a)physical and mental health and emotional well-being; (b) Protection from harm and neglect; (c) Education, training and recreation; (d) The contribution made by them to society; (e) Social and economic well-being. (4)The Children’s Commissioner must take reasonable steps to involve children in the discharge of his function under this section, and in particular to— (a) Ensure that children are made aware of his function and how they may communicate with him; and (b) Consult children, and organisations working with children, on the matters he proposes to consider or research under subsection (2)(c) or (d). (5)Where the Children’s Commissioner publishes a report under this section he must, if and to the extent that he considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children). (6)The Children’s Commissioner must for the purposes of subsection (4) have particular regard to groups of children who do not have other adequate means by which they can make their views known. (7)The Children’s Commissioner is not under this section to conduct an investigation of the case of an individual child. (8)The Children’s Commissioner or a person authorised by him may for the purposes of his function under this section at any reasonable time— (a) Enter any premises, other than a private dwelling, for the purposes of interviewing any child accommodated or cared for there; and (b)if the child consents, interview the child in private. (9)Any person exercising functions under any enactment must supply the Children’s Commissioner with such information in that person’s possession relating to those functions as the Children’s Commissioner may reasonably request for the purposes of his function under this section (provided that the information is information which that person may, apart from this subsection, lawfully disclose to him). London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 43. P a g e | 43 (10)Where the Children’s Commissioner has published a report under this section containing recommendations in respect of any person exercising functions under any enactment, he may require that person to state in writing, within such period as the Children’s Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations. (11)In considering for the purpose of his function under this section what constitutes the interests of children (generally or so far as relating to a particular matter) the Children’s Commissioner must have regard to the United Nations Convention on the Rights of the Child. (12)In subsection (11) the reference to the United Nations Convention on the Rights of the Child is to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989, subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force. United Nations Convention on the Rights of the Child (1989) Preamble The States Parties to the present Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Convention of Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community, London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 44. P a g e | 44 Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations and in particular in the spirit of peace, dignity ,tolerance, freedom, equality and solidarity, Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of and in the Declaration of the Rights of the Chid adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and), in the International Covenant on Economic; Social and Cultural Rights ( and in particular Article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth", Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice ( The Benjing Rules); and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration, Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries, Have agreed as follows: Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 45. P a g e | 45 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.  RECOMMENDATION No. R (84) 4 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON PARENTAL RESPONSIBILITIES1 (Adopted by the Committee of Ministers on 28 February 1984 at the 367th meeting of the Ministers' Deputies) The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its member states, inter alia, by promoting the adoption of common rules in legal matters; Considering that it is possible to make improvements to the legal systems relating to parental responsibilities in order to promote the development of the personality of the child and to protect his person and his moral and material interests while guaranteeing legal equality between parents, Recommends governments of member states to adapt, where necessary, their legislation to comply with the principles concerning parental responsibilities set out in the appendix to this recommendation. Appendix to Recommendation No. R (84) 4 Principle 1 For the purposes of this recommendation: a. parental responsibilities are a collection of duties and powers which aim at ensuring the moral and material welfare of the child, in particular by taking care of the person of the child, by maintaining personal relationships with him and by providing for his education, his maintenance, his legal representation and the administration of his property; b. the terms "father", "mother", "parents" refer to persons having a legal filiation link with the child. Principle 2 Any decision of the competent authority concerning the attribution of parental responsibilities or the way in which these responsibilities are exercised London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 46. P a g e | 46 should be based primarily on the interests of the child. However, the equality between parents should also be respected and no discrimination should be made, in particular on grounds of sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Principle 3 When the competent authority is required to take a decision relating to the attribution or exercise of parental responsibilities and affecting the essential interests of the children, the latter should be consulted if their degree of maturity with regard to the decision so permits. Principle 4 When the persons having parental responsibilities exercise them in a way which is detrimental to the essential interests of the child, the competent authority should take, of its own motion or on application, any appropriate measures. Principle 5 Parental responsibilities for a child of their marriage should belong jointly to both parents. Principle 6 in the case of dissolution of the marriage or of a separation of the parents, the competent authority requested to intervene should rule on the exercise of parental responsibilities. It should accordingly take any appropriate measures, for example by dividing the exercise of the responsibilities between the two parents or, where the parents consent, by providing that the responsibilities should be exercised jointly. In taking its decision, the authority should take account of any agreement concluded between the parents provided it is not contrary to the interests of the children. Principle 7 1. Where the child is born out of wedlock and a legal filiation link is established with regard to one parent only, the parental responsibilities should belong to that parent. 2. Where the child is born out of wedlock and a legal filiation link is established with regard to both parents, national law may provide that the parental responsibilities should be exercised: a. subject to the provisions of Principle 8: i. by the mother alone; ii. by the father alone, when a decision has been taken by the competent authority or when an agreement has been concluded between the two parents; b. according to the division between the two parents decided by the competent authority; c. jointly by both parents if they live together or if an agreement has been concluded between them. Principle 8: In all cases both parents should be under a duty to maintain the child. The parent with whom the child does not live should have at least the possibility of London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 47. P a g e | 47 maintaining personal relationships with the child unless such relationships would be seriously harmful to the interests of the child. Principle 9 1. Where the parental responsibilities are exercised jointly by both parents and one of them dies, these responsibilities should belong to the surviving parent. 2. Where the parent who exercises alone some parental responsibilities dies, his responsibilities should be exercised by the surviving parent unless the interests of the child require any other measures. 3. Where there is no longer any parent living, the competent authority should take a decision concerning the attribution of parental responsibilities. National legislation may provide that these responsibilities may be given to a member of the family or to a person designated by the last parent to die, unless the interests of the child require any other measures. Principle 10 1. Where parental responsibilities are exercised jointly by both parents, any decision affecting the interests of the child should be taken by the agreement of both. 2. Where there is a disagreement and the matter is referred to the competent authority by one of the parents, this authority should, insofar as the interests of the child so require, try to reconcile the parents, and, if this fails, take the appropriate decision. 3. With regard to third parties, the agreement of both parents should be presumed except in cases where national law, having regard to the importance of the interests at stake, requires an express agreement. Principle 11 Each parent should normally be informed of the exercise of the responsibilities which have not been given to him, to the extent desired by him and, in any event, when the essential interests of the child are affected. I 20 286 - 2 - THE CHILDREN’S CHARTER AND OTHER ACTS 1908 Children’s Act was created to protect the poorest children in society from abuse  Intriguing History Act -Article :Law and Protection of Children in British History  PART I The poor children of Britain were treated as an underclass of Victorian society and given little consideration by the majority. The emergence of social reformers in the mid 19th century and their work in children’s education and welfare shone a light on the appalling conditions in which many children lived and worked. Literature in the form of novels such London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 48. P a g e | 48 as those of Charles Dickens told of an underworld in which the brunt of ill treatment seemed to be reserved for children and women. Wor khouse Children 1895 The Liberal social reformers changed this though and as the C19th progressed, children were, more and more considered as singular entities. As social reformers turned their attention to the problems of poverty in the country, so they came to realise that children were largely ineffectual in terms of changing their conditions and circumstances. They had no power over their own lives and so it became obvious that the state would have to step in and protect them. Reformers such as Charles Booth and Sebohm Rowntree for example attempted to quantify poverty and it was this work that inadvertently led to the Children’s Act of 1908, sometimes known as the Children’s Charter. It was meant to attempt to apply a unified system of law to cover many of the previous Education Acts as they applied to schools including both reform and industrial schools. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 49. P a g e | 49  The Main thrusts of the 1908 Children’s Act were:  • Prevention of Cruelty to Children • Protection of infant life • Provision for juvenile offence • Provide constitutional basis for reform and industrial schools  1908 Children’s Act in more detail: The 1908 Children’s Act was a large document but here is an overview of some of the areas covered. Protection of infant life – this was about child minding. Anyone looking after a child under the age of 7 and receiving payment for it were now subject to the act. They had to inform the local authority, within 48 hours that they were minding a child. Inspectors could visit the house and determine how many children could be cared for and they had the authority to remove a child to a place of safety. To prevent the child from being murdered, through neglect or otherwise, no childminder could take out insurance on a child in their care and had to inform the coroner if a child did die in their care. Cruelty to children – The 1889 Prevention of Cruelty to Children Act covered a lot of this part of the act but the neglect of parents towards their children London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”
  • 50. P a g e | 50 was covered in more detail, examples are, the death of children from suffocation if placed to sleep in a parents bad when that parent was drunk and leaving children under 7 years old in a room with an unguarded fire. The idea of neglect causing suffering, so if a child was not fed or clothed properly or had been refused medical attention. Smoking and children – It was made an offense to sell cigarettes or any smoking paraphernalia to a child under 16 years. Police could also seize cigarettes from anyone under 16. The 1908 Children’s Act also dealt with how child offenders would be punished. The good news is that children would no longer be executed for capital crimes nor would they be placed in adult prisons, however they could still be whipped. They would be cared for in juvenile detention centres. Parents were also expected to pay fines imposed and were made more responsible for their child’s behaviour. Much else is covered in the act, including such things as protecting children giving evidence in court, from being used by criminals to offload stolen goods, preventing them from being in public houses, from being denied education, from being neglected by a vagrant lifestyle. These Liberal reforms came late in the day. Children had suffered, being forgotten citizens for hundreds of years with little or any protection. The new act meant children became protected persons. Parents who ill-treated or neglected their children could now be prosecuted. The act was an important step, maybe not so much in its detail but in accepting that the state and the parents had to assume responsibility for the child, a lesson we are still learning today. It was a step in recognizing childhood as distinct from adulthood and therefore in establishing the rights of the child. Until 1839, when a husband and wife separated, the children were deemed to be the property of the man and a mother lost all legal rights to them. However in 1838, Caroline Norton, a woman whose involvement in politics and whose suffering at the hands of her husband were notorious, campaigned for change in the law on the custody of children. The law which was eventually passed in 1839 would allow mothers, against whom adultery had not been proved, to have custody of children under seven and rights to access to older children. Caveats were that the Lord Chancellor had to agree it and the mother had to be of good character. It became the first piece of feminist legislation passed into law. London: May 2016 “As I was thinking of and wondering at Scripts...connecting to Criminology.”