Crae (2013) the state of children's rights
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The document is CRAE's 2013 report on the state of children's rights in England. Some key points from the report include: - Outcomes for children in the UK vary significantly based on factors like socioeconomic status, location, and whether they are in care. Educational achievement, health, and life expectancy are all negatively impacted by poverty and special needs. - The UN Convention on the Rights of the Child is not directly enforceable in UK courts, meaning children cannot claim violations of their rights. - Anti-social behavior laws are being broadened which could inhibit normal childhood behavior. The lower civil standard of proof may also affect more children. - While support for children in care has increased, their outcomes
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Crae (2013) the state of children's rights
- 1. 2013
- 2. CRAE has produced an annual State of Children’s Rights in England report since 2003. This report is the eleventh in the series. It summarises The eleventh version includes children’s rights developments from December 2012 to November 2013. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND
- 3. The UN Committee on the Rights of the Child is the highest authority on the Convention on the Rights of the Child. In October 2008, it issued 118 recommendations in relation to the improvement of children’s rights in England. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 05
- 4. International treaties ratified by the United Kingdom are not usually directly incorporated into UK law. In general, the UK complies with its international obligations by enacting or amending domestic legislation to ensure compatibility with its treaty obligations. The failure to incorporate the UNCRC into a domestic Bill of Rights means that children’s rights are not justiciable as such in the domestic courts. Nor can children complain to the UN Committee on the Rights of the Child in relation to a breach of their rights. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 07
- 5. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 16
- 6. “We believe we need to tackle the unfairly negative portrayal of young people within our society. This is evident through the use of stereotypes in the media that label young people as yobs or thugs, and also the use of the mosquito device in communities to move young people away from public places. We think a young people’s press service should be established to combat negative reporting and that the Press Complaints Commission should recognise ageism against young people as discrimination”. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 17
- 7. The number of children in the UK living in poverty is expected to rise by around 700,000, from 2.3 to 3 million, between 2010 –11 and 2015. The Social Mobility & Child Poverty Commission, in its October 2013 State of the Nation report, is ‘sceptical that economic, welfare and childcare reforms will be enough, on their own, to allow the Government to hit its child poverty target by 2020’. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 10
- 8. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 21-2
- 9. The infant mortality rate continues to fall. In 2011, there were 4.2 infant deaths per 1,000 live births – the lowest ever recorded in England and Wales The most recent ONS figures show that infant mortality still varies significantly according to socio-economic group, with rates being highest for babies with fathers employed in semi-routine occupations (for example, shop assistants or care assistants) at 4.9 deaths per 1,000 live births, and lowest for those employed in the managerial and professional The ONS suggests this may be caused by a link between deprivation, poor maternal health, and low birth weight. There continues to be considerable differences in life expectancy according to geography, characterised by a north-south divide: A boy born in East Dorset has an average life expectancy of 83.0 years. A boy born in Blackpool can expect to live 73.8 years. A girl born in East Devon has an average life expectancy at birth of 86.4 years. A girl born in Manchester has an average life expectancy of 79.3 years.95
- 10. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page
- 11. A review of health services for children across 15 countries in the EU has found that the UK has the highest number of excess child deaths a year, with more than 2,000 families losing a child each year, arguably avoidably. It highlights that over five more children die each day in the UK compared with Sweden – referred to as a ‘national scandal’ by the researchers. The report also found that the UK has the highest prevalence of asthma out of eight European countries, as well as one of the highest child death rates from pneumonia – twice as high as Sweden’s and three times those of France and Austria, even though the condition can be treated with antibiotics. The report criticises the UK’s health system, saying it has not adapted to meet children’s needs.
- 12. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page
- 13. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 70
- 14. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 80
- 15. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 23; 29-30 Coventry SCR: Daniel’s voice was not heard throughout this case
- 16. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 31
- 17. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 28
- 18. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 32 Injunctions to Prevent Nuisance and Disorder Anti-Social Behaviour Order on the balance of probabilitiesbeyond reasonable doubt Change in legal standard of proof
- 19. Under the Anti-social Behaviour, Crime and Policing Bill, Injunctions to Prevent Nuisance and Disorder (IPNA) and Criminal Behaviour Orders (CBO) are two of the orders which will replace the Anti-Social Behaviour Order (ASBO) and other civil orders. The wider definition of anti-social behaviour applicable to IPNAs (conduct ‘capable of causing nuisance and annoyance’, compared with conduct ‘causing (or likely to cause) harassment, alarm or distress’) will inhibit normal childhood behaviour, such as play. Applicants for an IPNA will need to satisfy the civil standard of proof (‘on the balance of probabilities’) rather than, as currently, the criminal standard (‘beyond reasonable doubt’);
- 20. Although successive Governments including the present one, have increased support for children in the care system, outcomes for looked after children remain dispiritingly poor: For example, 34% of 19 year-old care-leavers were not in education, employment or training (NEET), compared to the national average for 18 year-olds of 14%. 86% of children in care think it is important to keep siblings together, but 63% of children in the care system, whose siblings are also in care are separated from them. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 03
- 21. Only 66% of poor children, 43% of children with SEN, 76% of BME children and 50% of looked after children achieved the expected level in English and mathematics at Key Stage 2, compared to the national average of 79%. Only 36.3% of poor pupils, 22.4% of pupils with SEN and 15% of looked after children achieved 5+ A*-C at GCSE or equivalent including English and mathematics, compared to the national average of 58.8%. Pupils with SEN (but no statement) are eleven times more likely to receive a permanent exclusion than pupils with no SEN. Poor children are four times more likely to receive a permanent exclusion than other pupils. 22.4% of children are bullied daily, with disabled children and children from sexual minorities most at risk of bullying. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 04
- 22. Sex education is compulsory within maintained secondary schools, but apart from the requirements of the science programme of study, schools are free to determine what and how they teach it. Practice is poor. A survey carried out by Research Now, on behalf of the National Association of Head Teachers, showed that 88% of parents said sex education and lessons on adult and peer relationships should be mandatory in schools. A YouGov poll found that 86% of parents thought lessons should cover how to develop ‘respectful relationships’. Teaching on relationships is not currently satisfactory. The End Violence Against Women Coalition, published a report calling for a statutory obligation on schools to address violence against women and girls and gender equality in the curriculum. CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 76
- 23. Impact of poverty Geographic differences in children’s outcomes Disparity of outcome in terms of: Wealth Parents occupation Health including obesity Mental health Being in care/leaving care Special Educational Needs Broadening the application of ‘anti-social behaviour’ ‘Creeping up’ police use of tasers on children. Higher infant mortality in comparrison with other countries The fact that the UNCRC does not have legal jurisdiction in the UK
- 24. Whether or not we consider the previous disparities between different groups of children to be acceptable or not depends upon our underpinning constructions of ‘social justice’. Further, how much social inequality should a member state accept before stepping in and making provision to ‘level the playing field’?
Editor's Notes
- The UNCRC has still not been incorporated into domestic law, meaning children are unable to enforce their rights in the courts. Other routes through which children might access justice have been undermined this year. The Government’s commitment to have regard to children’s rights in developing policy has proved a poor substitute for incorporation of the Convention, as illustrated by legislative proposals developed this year which indicate children’s rights have been disregarded.
- created by locally elected young people
- The consultation proposed eight dimensions (income and material deprivation, worklessness, unmanageable debt, poor housing, parental skills, access to quality education, family stability and parental health) and was strongly criticised.22 See Concluding Observation 75 for more information
- The infant mortality rate continues to fall. In 2011, there were 4.2 infant deaths per 1,000 live births – the lowest ever recorded in England and Wales – compared with 4.3 deaths per 1,000 live births in 2010. The most recent ONS figures show that infant mortality still varies significantly according to socio-economic group, with rates being highest for babies with fathers employed in semi-routine occupations (for example, shop assistants or care assistants) at 4.9 deaths per 1,000 live births, and lowest for those employed in the managerial and professional occupations which had 2.8 and 2.5 deaths per 1,000 live births respectively.93 The ONS suggests this may be caused by a link between deprivation, poor maternal health, and low birth weight. There continues to be considerable differences in life expectancy according to geography, characterised by a north-south divide. A boy born in East Dorset has an average life expectancy of 83.0 years. A boy born in Blackpool can expect to live 73.8 years.94 A girl born in East Devon has an average life expectancy at birth of 86.4 years. A girl born in Manchester has an average life expectancy of 79.3 years.95
- A recent report by the Association for Young People’s Health, which sets out key data on adolescence, reveals that around 13% of boys and 10% of girls aged 11 to 15 have mental health problems.468 Those most frequent in the teenage years include anxiety and depression, eating disorders, conduct disorder, attention deficit and hyperactivity disorder, and self-harm. It also highlights that suicide rates for young men have fallen since 2001, but that there has been little change for young women. Findings from a YouGov poll in July (undertaken as part of a report for MindFull) showed: one in five children show symptoms of depression; almost a third (32%) have thought about or attempted suicide before they were 16; and 29% say that they have self-harmed because they felt down.469
- Recommendation 75 Adopt and adequately implement legislation aimed at achieving the target of ending child poverty by 2020, including by establishing measurable indicators The Government is yet to meet targets to reduce child poverty as enshrined in the Child Poverty Act 2010 and child poverty is predicted to rise considerably in the coming years. According to Government figures released in June 2013: • In both 2010 –11 and 2011–12, there were 2.3 million children living in relative poverty (households with incomes below 60% of the average disposable income, before housing costs) – still 600,000 short of the number required to meet the target for 2010 –11 set out in the Child Poverty Act; • The numbers of children living in absolute low income increased by two per cent – by 300,000 children. This rise represents the first percentage point increase since the early 1990’s and has been attributed to a reduction in real terms income and increasing inflation; and • Children in workless families were more likely to be affected by low income and material deprivation. However, around two in three children living in relative and absolute low income were in working families.556
- The high profile Serious Case Review (SCR) carried out this year into the death of four year-old Daniel Pelka found that he had been starved and beaten for months before he died. Whilst the review found that none of the agencies involved could have predicted Daniel’s death, it did find: the agencies were too willing to accept excuses made by Daniel’s ‘controlling’ mother; there was no record of any conversation with Daniel about his home life, his experiences outside school, or of his relationships; and that ‘too many opportunities were missed for more urgent and purposeful interventions’.99 On 17 September 2013, Coventry Safeguarding Children Board published the SCR report into the death of Daniel Pelka.149 The report, on several occasions, highlights the failure of different services to have ‘direct communication’ with Daniel, stating in its summary of findings: Of particular note was that without English as his first language and because of his lack of confidence Daniel’s voice was not heard throughout this case… [O]verall there is no record of any conversation held with him by any professional about his home life, his experiences outside of school, his wishes and feelings and of his relationships with his siblings, mother and her male partners. In this way despite Daniel being the focus of concern for all of the practitioners, in reality he was rarely the focus of their interventions.
- In 2011 Tasers were used on children 323 times compared with 135 times in 2009. In 2008, the year the UK was last examined by the UN Committee on the Rights of the Child, Tasers were used against children 71 times. Simon Chesterman, the Association of Chief Police Officers’ (ACPO) lead on armed police, said the rise in use corresponded to the increase in weapons being rolled out across the country, and did not mean Tasers were being used more often.114 Concerns have been expressed by the Independent Police Complaints Commission (IPCC), who recently reviewed Taser use. The IPCC’s deputy chair, Deborah Glass, said: From the review we have carried out of Taser complaints and our own investigations we do have concerns about some of the ways and circumstances in which the Taser is used...1
- Under the Anti-social Behaviour, Crime and Policing Bill, Injunctions to Prevent Nuisance and Disorder (IPNA) and Criminal Behaviour Orders (CBO) are two of the orders which will replace the Anti-Social Behaviour Order (ASBO) and other civil orders. The wider definition of anti-social behaviour applicable to IPNAs (conduct ‘capable of causing nuisance and annoyance’, compared with conduct ‘causing (or likely to cause) harassment, alarm or distress’) will inhibit normal childhood behaviour, such as play. Applicants for an IPNA will need to satisfy the civil standard of proof (‘on the balance of probabilities’) rather than, as currently, the criminal standard (‘beyond reasonable doubt’); the standard of proof for CBOs is not made explicit in the Bill, but the Explanatory Notes state that as the order would be made on conviction, the standard of proof would be ‘beyond reasonable doubt’, and the Government has confirmed this is its intention.155 • In order to grant an IPNA the court must be satisfied that it is ‘just and convenient’ to grant the order to prevent anti-social behaviour, rather than, as with ASBOs, ‘necessary’ ; • The automatic reporting restrictions, which normally apply in legal proceedings involving children, will not apply in proceedings concerning application for an IPNA or a CBO or breach of a CBO; • While breach of an order will not be a criminal offence, as is currently the case with an ASBO, it will be contempt of court, with a maximum penalty of 3 months detention for 14 to 17 year-olds; • There will be mandatory eviction of social housing tenants who breach an order, meaning that children can be rendered homeless as a result of behaviour capable of causing ‘annoyance’ or as a consequence of others’ actions. Latest Government figures show that nearly seven in 10 children breach their ASBOs.156