The Protection Of Children in the UK - Term Paper Example

TABLE OF CONTENTS Child Protection 2 Introduction 2 Sta y Law and Case Law 2 Subsequent Legislation 6 United Nations Convention on the Rights of the Child 6 Rights of Children and Young Persons (Wales) Measure 7 Human Rights Act 1998 7 Children’s Commissioners 8 Safeguarding Children in Education 9 Domestic Violence 9 Practice Guidance 10 Ineffective Compliance 10 11 Legislation pertaining to juvenile sex offenders 11 Children and Internet Safety 12 Sentencing and Supervision Policy 14 Children and the Immigration System 15 The Borders, Citizenship and Immigration Act 2009 16 Public Health 18 Conclusion 19 References 21 Child Protection Introduction In the UK the protection of children is not ensured by any single piece of legislation. In fact there are several laws and guidelines that address this important area. Furthermore, these legislative interventions and guidelines are continually amended, updated and revoked. Statutory Law and Case Law Statutory law comprises of the legislation enacted by Westminster, Northern Ireland Assembly, Scottish Parliament and the Welsh Assembly Government (National Society for the Prevention of Cruelty to Children, 2014). Another source of law is derived from the judgments of the courts. As such, the interpretation provided by the courts to the laws of the land, tend to be very important. Such interpretations are termed case law, and these have the capacity to amend the statutory law (National Society for the Prevention of Cruelty to Children, 2014). The UK Government ratified the UNCRC in 1991, thereby indicating its intention to implement it. This convention has exerted a significant influence upon the legislative frameworks and ideas pertaining to children. It has been emphasised by the UNCRC that children are entitled to protection from exploitation, harm and abuse. In addition, children are entitled to the provision of guidance, information, services and support (Winter, 2011, p. 397). Moreover, children have the right to participate in decision making, cultural and social life, religion; and they entitled to respect for their identity. With the advent of the UNCRC, children have been accorded a stable status in the public realm. In addition, this convention has imposed certain obligations upon adults in their interaction and relationship with children (Winter, 2011, p. 397). Subsequent to noticing the absence of knowledge regarding the UNCRC among professionals, the United Nations came forward with a specific recommendation. The latter suggests that the UK Government should provide systematic training to every professional group working with children. Such training was to be necessarily provided to the personnel of childcare institutions and social workers (Winter, 2011, p. 397). In the year 2010, whilst evaluating the progress achieved in law and policy, in the aftermath of this recommendation and other recommendations, an important conclusion was arrived at. This stated that training had not been provided universally. However, there had been instances, wherein, professionals had explicitly supported the rights of children. This trend could render child protection truly child – centric (Winter, 2011, p. 397). Children and Young Persons Act 1933 The Children and Young Persons Act 1933 had provided protection to children and youth. Several of its provisions have remained in force (Arthur, 2010, p. 53). This Act incorporates a class of offences against children, which are collectively alluded to as Schedule One offences (National Society for the Prevention of Cruelty to Children, 2014). Subsequent Legislation United Nations Convention on the Rights of the Child The UK ratified the United Nations Convention on the Rights of the Child on 16 December 1991 (Wilson & James, 2007, p. 199). Some of the rights provided to children by this Convention are:  Protection from abuse.  Freedom to express their views and have them heard.  Care and services, when they reside away from their home or when they are disabled. Despite the protestations of the UK government that it considers itself to be bound by the UN Convention, it has failed to incorporate its provisions into its domestic law (National Society for the Prevention of Cruelty to Children, 2014). Rights of Children and Young Persons (Wales) Measure However, Wales had incorporated this Convention’s principles into its laws. This transpired with the enactment of the Rights of Children and Young Persons (Wales) Measure on 18 January 2011. A legal duty is imposed upon Welsh ministers, by this Measure to provide due consideration to the rights and obligations present in the UN Convention (National Society for the Prevention of Cruelty to Children, 2014). Such due regard relates to the discharge of their functions. In addition, Welsh ministers are duty bound to facilitate understanding and awareness regarding the UN Convention. This piece of legislation was enforced from May 2012 for new or reviewed policy or law. From May 2014 it will be enforced with respect to all the functions of the Welsh ministers (National Society for the Prevention of Cruelty to Children, 2014). Human Rights Act 1998 The Human Rights Act 1998 was enacted for the purpose of incorporating the European Convention on Human Rights 1950, into UK legislation (Hannibal & Mountford, 2013, p. 13). The law regards children as persons, and as a consequence, the Human Rights Act brings children into its ambit. One of the rights provided by this Act is the right to respect for private and family life (National Society for the Prevention of Cruelty to Children, 2014). Moreover, this Act precludes public authorities from engaging in conduct that does not comply with the freedoms and rights inherent in the Convention (Young, 2011, p. 16). Furthermore, the courts and the Government have to ensure that judgments and new Bills are compatible with the Human Rights Act (National Society for the Prevention of Cruelty to Children, 2014). Children’s Commissioners The enactment of the Children’s Commissioner for Wales Act 2001 resulted in the establishment of the, first of its kind in the UK, post of children’s commissioner. The object of this office is to preserve and promote the welfare and rights of children. Thereafter, Northern Ireland followed suit with its Commissioner for Children and Young People (NI) Order 2003, and Scotland with the Commissioner for Children and Young People (Scotland) Act 2003 (Boylan & Dalrymple, 2009, p. 31). England implemented this new office under the provisions of Sections 1 to 9 of the Children Act 2004 (National Society for the Prevention of Cruelty to Children, 2014). Safeguarding Children in Education There had been a stipulation in the Education Act 2002, namely at Section 175, which required school governing bodies, local education authorities and further education institutions to facilitate the protection and promotion of children’s welfare (National Society for the Prevention of Cruelty to Children, 2014). Domestic Violence The Children Act 1989 was amended by Section 120 of the Adoption and Children Act 2002. This change served to widen the scope of harm by including the witnessing of domestic violence (National Society for the Prevention of Cruelty to Children, 2014). Practice Guidance Several of the Local Safeguarding Children Boards (LSCBs) in England had provided interagency guidance relating to the protection of children. The objective behind this commendable initiative was to lend support to professionals engaged in this activity. This guidance had described non – compliant and resistant conduct as behaviour that had physically and emotionally damaging outcomes in others. In addition, such behaviour included the sabotaging efforts employed to effect change or to unresponsively distance oneself (Tuck, 2013, p. 6). Ineffective Compliance Ineffective compliance transpires whenever carers and parents are devoid of commitment to effect change. Furthermore, this takes place when carers and parents work in a manner that sabotages the process on account of incompetence, suppression, deceit or frivolity. Parents with an intimidating or aggressive demeanour can be presumed to have the same attitude towards their offspring. One of the facets of denial is that parents engage in self – deception that prevents them from acknowledging the harm caused by them to their children (Tuck, 2013, p. 6). Legislation pertaining to juvenile sex offenders The Home Office Consultation Document had envisaged the maintenance of a sex offender register. This document stated that the government was desirous of including juveniles in the proposals enumerated in the consultation paper. At the same time, this document acknowledged the possibility of imposing substantially increased potential stigma upon a juvenile delinquent, in comparison to an adult offender (Thomas, 2009, p. 492). The National Organisation for the Treatment of Abusers (NOTA) responded to this consultation document by expressing its misgivings. Furthermore, NOTA demanded a separate consultation paper on juvenile sex offenders. It rightly pointed out that there was every possibility of prosecution, with regard to juveniles who accepted their offending and who engaged themselves in therapeutic work (Thomas, 2009, p. 492). On the other hand, there were juvenile offenders who refused to accept their crime. In addition, their denial received the backing of their family. Furthermore, their victims could be traumatised to the extent that they could not produce a coherent account of their harrowing experience at the hands of the young libertine. In such instances, the juvenile offender was quite likely to avert prosecution for his dire deed (Thomas, 2009, p. 492) This perspective of NOTA was supported by the Howard League for Penal Reform and the Association of Chief Officers of Probation. These entities expressed the necessity for a separate consultation paper, as they were of the opinion that the proposals were inappropriate for juveniles (Thomas, 2009, p. 492). Children and Internet Safety The Children’s Charities’ Coalition on Internet Safety (CHIS) was formed with the express purpose of ensuring children safety and providing equal access to the Internet. It has been the tradition with CHIS to strive for the removal of child abuse images from the Internet (Carr & Hilton, 2009, p. 303). Pornography involving children has emerged as a cottage industry, and this was demonstrated, in the year 1997 by researchers, such as Utting. The situation has changed dramatically, and it is now well – nigh impossible to determine the exact extent and character of this industry, which is illegal and clandestine. Several attempts have been made to determine the amount of money involved, and the number of children and websites entailed (Carr & Hilton, 2009, p. 303). Conservative estimates place this business to be of the order of millions of dollars. This has resulted in the involvement of organised crime. Moreover, there are millions of pornographic images on the Internet, with tens of thousands of individual children being depicted in these images (Carr & Hilton, 2009, p. 303). Sentencing and Supervision Policy The Court of Appeal of the UK has adopted the advice of the Sentencing Advisory Panel. This was with regard to child abuse images, which have accordingly been allocated to one of the five levels specified. These levels are differentiated by the gravity of the abuse shown in the image. For instance, level 5 images depict bestiality or sadism; and level 4 images show a child undertaking penetrative sexual activity (Carr & Hilton, 2009, p. 304). In this manner, the decreasing levels relate to lesser abuse with level 1 depicting nothing more than erotic pictures that are devoid of any visible sexual activity. The lawyers and police officers involved in such cases, have reiterated that the images are regarded as the critical indicators of future risk (Carr & Hilton, 2009, p. 304). Children and the Immigration System The rights of children and youth seeking asylum have been specifically considered by the established international norms. A higher priority is accorded by these standards to the rights of such asylum seekers than that of the controls and requirements of national immigration. A very important illustration of this is provided by the United Nations Convention on the Rights of the Child (UNCRC) (Hek, et al., 2012, p. 336). This convention, at Article 3 required nation states to accord a higher status to the best interests of children in all the actions involving the latter. However, the UK Government had entered a reservation against the UNCRC, whereby it claimed permission to derogate from its tenets. This situation had prevailed till November 2008, and related to those who did not have the right to enter or continue in the UK (Hek, et al., 2012, p. 336). Subsequent to unceasing lobbying and the defeat of a crucial vote in the House of Lords, the UK Government reconsidered its stance and withdrew its reservation to Article 22 of the UNCRC. The UK Border Agency is vested with the responsibility of UK’s border security and migration control. Due to the withdrawal of the reservation, this agency has been compelled to undertake the statutory safeguarding duties stipulated at Section 55 of the Borders, Citizenship and Immigration Act 2009 (Hek, et al., 2012, p. 337). The Borders, Citizenship and Immigration Act 2009 The Borders, Citizenship and Immigration Act 2009 resembles the Children Act 2004 to the extent that it requires the entire gamut of statutory functions to be discharged in a manner that ensures the welfare of children. A major defect is inherent in this Act, despite the fact that it introduces crucial norms into the immigration mechanism. This lacuna relates to the fact that the fundamental principle stressed upon in the Children Act 1989, namely to consider the best interests of the child to be the most important of the single overriding feature, has been ignored (Hek, et al., 2012, p. 337). What has been promoted by the Borders, Citizenship and Immigration Act 2009 is that the best interests of the child are to be merely regarded as a primary consideration. This is a palpable dilution of the Children Act 1989. Due to this attenuation, a certain degree of discretion has been provided. This discretion can have the consequence of generating concepts that are competing and inconsistent, regarding what constitutes the best interests of children (Hek, et al., 2012, p. 337). It was soon realised that any assessment regarding the protection of children had to necessarily be in the context of their family. In the UK, this commenced with the Framework for the Assessment of Children in Need and their Families. This was superseded by the Working Together to Safeguard Children (Browne & Hamilton – Giachritsis, 2007, p. 61). The principal areas to be evaluated are those that relate to the developmental requirements of children; the capacity of the parents to satisfy the needs of their child; and the environmental and social factors that influence the capacity of the parents to meet the needs of their children. There is a major lacuna with this approach, despite its claims to being endowed with a better holistic assessment. This disadvantage relates to the fact that the involvement of social workers is only when a child is suspected of having undergone substantial harm (Browne & Hamilton – Giachritsis, 2007, p. 62). Public Health From the perspective of public health, such assessment should be conducted during the first year of a child’s life. It is possible for any community professional to be engaged in this process of evaluation. However, in the UK, this task has been vested with the primary health care teams and community nurse home visitors. Social workers have been literally deluged with reactive child protective work. As a consequence, the possibility of employing them in a proactive and preventative manner is remote. With the obtention of better understanding, regarding family violence, it is appropriate and conceivable to undertake preventative social work (Browne & Hamilton – Giachritsis, 2007, p. 62). Any system that works towards ensuring protection for children has to perforce be centred upon children. Such systems have to necessarily acknowledge children and young people as individuals endowed with rights. These rights include the right to participate in momentous decisions affecting them, in conformity with their maturity and age. In addition to assisting parents with their difficulties, it is essential to evaluate whether there is adequate improvement in the responsiveness of parents towards the needs of their children (Munro, 2011, p. 24). Conclusion The major facets to be assessed pertain to the capacity of the parents to fulfil the requirements of their children; the developmental needs of children; and the social and environmental aspect that have an impact upon the capacity of parents to satisfy the needs of their children. However, this approach suffers from a profound disadvantage, notwithstanding its assertion of possessing a more comprehensive evaluation. This drawback is that social workers get involved, only when there is suspicion of significant harm having been done to the child. Focus upon children is imperative for a system that aims to safeguard children. In addition, such systems have to accept the fact that children and young people have rights. One of these is the right to participate in the important decisions that affect their interests. While helping parents with the problems being faced by them, it is essential to assess whether they have made any improvement in their response to their children’s requirements. References Adoption and Children Act (c. 38), 2002. Norwich, NR, UK: Her Majestys Stationery Office. Arthur, R., 2010. Young Offenders and the Law: How the Law Responds to Youth Offending. Abindgon, Oxford, UK: Routledge. Borders, Citizenship and Immigration Act (c. 11), 2009. Norwich, NR, UK: Her Majestys Stationery Office. Boylan, J. & Dalrymple, J., 2009. Understanding Advocacy For Children And Young People. Berkshire, UK: McGraw – Hill International. Browne, K. & Hamilton – Giachritsis, C., 2007. Child abuse: defining, understanding and intervening. In: K. Wilson & A. L. James, eds. The Child Protection Handbook: The Practitioners Guide to Safeguarding Children. Philadelphia, PA, USA: Elsevier Health Sciences, pp. 49 – 68. Carr, J. & Hilton, Z., 2009. Child Protection and Self-Regulation in the Internet Industry: The UK Experience. Children & Society, 23(4), pp. 303 – 308. Children Act (c.41), 1989. Norwich, NR, UK: Her Majestys Stationery Office. Children Act (c.31), 2004. Norwich, NR, UK: Her Majestys Stationery Office. Children and Young Persons Act (c.12), 1933. Norwich, NR, UK: Her Majestys Stationery Office. Children’s Commissioner for Wales Act (c.18), 2001. Norwich, NR, UK: Her Majestys Stationery Office. Commissioner for Children and Young People (Scotland) Act (asp 17), 2003. Norwich, NR, UK: Her Majestys Stationery Office. Department for Education, 2000. Framework for the Assessment of Children in Need and their Families. [online] Available at: [Accessed 15 January 2014]. Department for Education, 2013. Working Together to Safeguard Children. [online] Available at: [Accessed 15 January 2014]. Hannibal, M. & Mountford, L., 2013. Criminal Litigation Handbook 2013 – 2014. Oxford, UK: Oxford University Press. Hek, R., Hughes, N. & Ozman, R., 2012. Safeguarding the Needs of Children and Young People Seeking Asylum in the UK: Addressing Past Failings and Meeting Future Challenges. Child Abuse Review, 21(5), pp. 335 – 348. Human Rights Act 1998. (c. 42), Norwich, NR, UK: Her Majestys Stationery Office. Munro, E., 2011. The Munro Review of Child Protection: final report, a child-centred system, Norwich, NR, UK: Her Majestys Stationery Office. National Society for the Prevention of Cruelty to Children, 2014. An introduction to child protection legislation in the UK. [online] Available at: [Accessed 14 January 2014]. Rights of Children and Young Persons (Wales) Measure, 2011. Norwich, NR, UK: Her Majestys Stationery Office. The Commissioner for Children and Young People (Northern Ireland) Order (NI 11), 2003. Norwich, NR, UK: Her Majestys Stationery Office. The Convention for the Protection of Human Rights and Fundamental Freedoms, 1950. Rome, Italy: Council of Europe. Thomas, T., 2009. Children and Young People on the UK Sex Offender Register. International Journal of Childrens Rights, 17(3), pp. 491 – 500. Tuck, V., 2013. Resistant Parents and Child Protection: Knowledge Base, Pointers for Practice and Implications for Policy. Child Abuse Review, 22(1), pp. 5 – 19. United Nations Convention on the Rights of the Child, 1989. New York, NY, USA: United Nations General Assembly. Wilson, K. & James,. A. L., 2007. The Child Protection Handbook: The Practitioners Guide to Safeguarding Children. 3 ed. Oxford, UK: Elsevier Health Sciences. Winter, K., 2011. The UNCRC and Social Workers Relationships with Young Children The UNCRC and Social Workers Relationships with Young Children. Child Abuse Review, 20(6), pp. 395 – 406. Young, A. L., 2011. Mapping horizontal effect. In: D. Hoffman, ed. The Impact of the UK Human Rights Act on Private Law. 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