Reply to List of Issues : United Kingdom of Great Britain and Northern Ireland. 15/12/94.
. (Reply to List of Issues)
Implementation of the UN Convention on the Rights of the Child:
UK Government's response to the list of issues raised by the UN
Committee on the Rights of the Child.




Question 1
In the spirit of the final document adopted by the World Conference on Human Rights, is the Government considering reviewing and withdrawing its reservations to the Convention?

1. The United Kingdom Government has reviewed its reservations to the Convention and has no plans to withdraw them.


Question 2
Please provide clarification on the status of the Convention in relation to national law. Can the provisions of the Convention be invoked in court, and have they been taken into account in judicial decisions?


2. The general position in relation to international treaties to which the United Kingdom is a party is that the provisions of such treaties can only become incorporated into domestic law by virtue of an act of Parliament. This means that if the provisions of an international Treaty are not yet incorporated into a UK statute, then they do not form any part of domestic law.


3. The Courts in England have suggested that where the provisions of a statute are ambiguous or uncertain, then the Courts can look at the relevant international convention as an aid to clear up the ambiguity.


4. However, the Courts in Scotland have adopted a much stricter approach. For example, in the case of Kaur v Lord Advocate, 1 980 SC 319, Lord Ross expressed the view that if the Convention (European Convention on Human Rights) did not form part of domestic law then the Courts should not have regard to it at all. In recent cases, the Courts have acknowledged the existence of the European Convention on Human Rights which suggests that it is possible that the Scottish Courts may in the future use conventions as an aid to statutory interpretation.

Question 3
Please provide details of Parliament's consideration of the adoption of legislation on the rights of the child for Scotland and Northern Ireland.

Scotland

5. The main changes which are proposed in law and policy, incorporating the philosophy of the UN Convention, are outlined in the White Paper "Scotland's Children", published in August 1993. This drew on the recommendations contained in a number of specific reports, and the views on them expressed during consultation. It is now proposed to promote legislation in the form of a broadly based Bill relating to children and families in Scotland. In addition to the legislative changes - introduced into the current session of Parliament - a number of improvements in child care services, policy and practice have already been made through administrative means, including increased funding and additional training of social work staff.

Northern Ireland

6. A proposal for a draft Children (Northern Ireland) Order was published in July 1 993. The proposed Order deals with the care, upbringing and protection of children, and the provision of personal social services for children in need and their families. It will reform and consolidate for Northern Ireland most of the public and private law relating to children along the lines of the Children Act 1989 in England and Wales. Many of its underlying principles will be consistent with those of the Convention. The proposed Order is expected to be considered by Parliament early in 1995 and enacted as the Children (Northern Ireland) Order 1995.

Question 4
In the light of the declaration made by the United Kingdom of Great Britain and Northern Ireland at the moment of ratification of the Convention that it reserves the right to extend the Convention at a later date to any territory for whose international relations the government of the United Kingdom is responsible, please provide information on the steps taken or envisaged to ensure the implementation of the Convention in these territories.

7. Ratification of the Convention by the UK was extended on 7 September 1994 (subject to certain reservations) to the following territories: the Isle of Man, Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Hong Kong, Montserrat, Pitcairn, St. Helena and dependencies, South Georgia and the South Sandwich Islands and the Turks and Caicos Islands. A copy of the note of extension is attached as ANNEX A.

8. The Convention has not yet been extended to Gibraltar and the Channel Islands; ie Jersey and Guernsey. Both Jersey and Guernsey are still considering what legislation, if any, they need in place in order to implement the Convention in their Bailiwicks. The Government of Gibraltar are keeping this matter under review.

Question 5
What plans are there for promoting a dialogue both with the relevant NGOs and with the wider public about how far children's rights are currently being respected, and of additional measures to be taken to further promote and protect those rights?

9. There is a continuing dialogue between Government and a wide variety of non-governmental organisations concerned with the care and welfare of children. Much of this dialogue concerns issues of children's rights, and the UN Convention on the Rights of the Child. Members of the public are free to raise concerns they have by writing to their member of Parliament, or a Government Department. As set out in the UK's First Report, a leaflet on the Convention for the general public was published in February 1 993.

Scotland

10. The White Paper "Scotland's Children" established clear principles for the positive development of child care which incorporated the philosophy of the UN Convention on the Rights of the Child. They are also in keeping with an extensive body of recommendations made by several reports which were widely consulted upon, and apply to all children and families who may need social work support.

Question 6
Are there any plans to establish a Commissioner on Children's Rights or any similar ombudsman mechanism in this field?

11. The Children Act provides a very clear framework for local authorities and the courts to safeguard and promote the welfare of children. Under the Act local authorities and the courts now have to obtain and take into account the wishes and views of children before making decisions which will affect their future. In addition, local authorities are required under the Children Act to maintain a complaints procedure with an independent element. Complainants who remain dissatisfied have the option of taking their case to the Local Government Ombudsman, or in the case of complaints about Health Services, the Health Service Commissioner, or having the case judicially reviewed by the courts. The Government does not think that a Children's Rights Commissioner is necessary, and does not accept that the Convention requires one.

12. In Scotland, there are already various mechanisms to protect children's rights and it is doubtful whether an ombudsman is required in addition. A number of local authorities have appointed children's rights officers, and all local authorities are under a statutory duty to have a complaints procedure for their social work services, including services for children. The Local Authority Ombudsman may also investigate complaints. In addition an increasingly valuable role in the protection of children is played by organisations such as ChildLine and the Scottish Child Law Centre which are supported by the Government.

Question 7
Please provide information on measures taken to develop a system for collecting comprehensive statistical data and other necessary information about the status of children to enable the Government to monitor the implementation of the Convention, and to design programmes for improving the situation of children.

13. There is a wealth of statistical information about children in the United Kingdom. Each Government Department collects information relevant to its responsibilities, either through routine statistical collections or by commissioning surveys. Mechanisms for addressing gaps in information to monitor policy are already in place. The development of new systems in the UK is generally undertaken through each Department's information strategies. A central function of these is to identify and prioritise gaps in their information requirements and to develop plans to address these within available resources. There are also a number of centrally coordinated collections of social statistics about children and their families. These are overseen by an inter-departmental social statistics committee, which determines priorities.

14. During the UN Year of the Family, the Central Statistical Office published "Social Focus on Children", a compilation of some of the major sources of statistical information about children. This publication is attached at ANNEX B.

Question 8
Has the particular impact on children of the emergency legislation in Northern Ireland been assessed? What measures have been taken to deal with the complaints that children have been harassed in the streets by security forces?

15. Whilst there has been no official assessment of the particular impact on children of the emergency legislation in Northern Ireland, special safeguards have been introduced into the statutory Codes of Practice, and the Guide to the Emergency Powers to ensure that if, in the event of having to interview a child under the emergency powers, the well-being and rights of the child are given the highest priority.

16. Any allegation of unprofessional behaviour by the police or the security forces is treated with the utmost seriousness - although allegations of harassment against children are very rare. Procedures exist for dealing with complaints against both the police and the armed forces, and these are widely publicised. In addition, the post of the Independent Assessor of Military Complaints Procedures has been established who reports annually to the Secretary of State for Northern Ireland on aspects of the complaints procedures against the Army, as does the Independent Commissioner for the Holding Centres, in respect of the Police Offices. There is also an independent Commission for Police Complaints who have a wide variety of powers, including the supervision of complaints involving members of the Royal Ulster Constabulary. If a member of the police or security forces act outside the law, then they are subject to the same processes of law as any other citizen.

Question 9
Please indicate what proportion of the budget at both central and local levels is allocated to social priorities for children. What indicators or target figures are used in this context?

17. It would not be practical to identify separately the resources which are allocated both centrally and locally to social priorities for children. There are many provisions for children that could be termed "social priorities for children", which are the concern of several Government Departments and numerous local agencies. However, the welfare of children and their social needs remains a high priority for the UK.

Question 1 0
What overall policy programme exists to address the problems of child poverty? Does the Government have a strategy for tackling this problem in line with its obligations under article 27 of the Convention relating to the right of a child to an adequate standard of living, and article 4 of the Convention concerning the obligation of the State to undertake measures to implement economic, social and cultural rights to the maximum extent of available resources?

18. A central feature of the 1988 Social Security benefit reforms was to ensure that available resources were better targeted towards vulnerable groups such as families with children. Compared to the position before these reforms, the Government have now made available, through income-related benefits, over £1 billion extra to low income families with children. Child benefit has been maintained as a universal benefit despite intense financial pressures. It remains a cornerstone in our policies for family support. Child Benefit provides a worthwhile contribution to the costs of bringing up children.

Question 11
What plans does the government have to meet its commitment to achieve the target of 0.7% of GNP for the aid budget, and is there any commitment to divert a greater proportion to human priorities?

19. There is a commitment to meet the UN target of 0.7% of GNP as soon as possible but no timetable will be set. In 1993 aid/GNP ratio was 0.31 % - a level above the average for all donors of 0.29%. The quality of British aid is high. The OECD Development Assistance Committee and Foreign Affairs Committee have recognised the programme's effectiveness, poverty focus and emphasis on encouraging the private sector. The UK has the sixth largest aid programme and in recent years aid to developing countries has risen in real terms by 10%. In 1994/95 the aid budget is £2.1bn, an increase of £49m over previous year's figure.

20. In allocating bilateral aid, the importance of addressing basic human needs is recognised, but it is not considered appropriate to prescribe proportional targets for expenditure on a global basis. In 1992/93 it is estimated that around 10% of UK bilateral aid expenditure was on basic human needs, above the average for all donors. In addition around £150m of bilateral emergency aid was provided, most of which goes to meet the most basic needs in times of crisis.

General principles

Question 12
What strategies have been developed or are envisaged to address problems facing children from minority ethnic communities especially in relation to their over--representation in public care situations, cases of school exclusion and living in poverty?

21. The Committee is directed to the UK's 12th Report to the UN Committee on the Elimination of All Forms of Racial Discrimination which describes in detail the strategies and programmes in the UK which are aimed at tackling discrimination and disadvantage. The UK's 13th Report is nearing completion and should be submitted to the UN soon.

22. Government policy is to give ethnic minority pupils the same opportunity as all others to profit from what schools can offer them, by meeting their particular educational needs. A variety of initiatives has been undertaken aimed specifically at improving the response of the education service to ethnic diversity. There has for example been substantial investment in promoting good practice in the teaching of English to give children whose mother tongue is not English full access to what schools can offer. Other strategies include: seeking to increase the number of teachers from ethnic minorities; ensuring that teachers are trained to teach the full range of pupils; ensuring that curriculum and assessment procedures take account of the ethnic and cultural diversity of British society; and the ethnic monitoring of school pupils and students in further and higher education, on a voluntary self--assessment basis.

23. Guidance issued to all schools in May of this year acknowledges the apparent evidence that pupils of Afro-Caribbean origin are being disproportionally excluded. It stresses that headteachers need to take particular care to ensure that they apply disciplinary procedures objectively and consistently across all cultural groups. It reminds headteachers that failure to do so could constitute unlawful racial discrimination under the Race Relations Act 1976. It also stresses the need for the school's ethos and style to confer equal value on all cultures and to avoid stereotypes.

24. OFSTED, the agency responsible for inspection of schools, has a Framework for the Inspection of Schools which requires schools to provide information about exclusions during the 12 months preceding the inspection by age, ethnicity and gender. That information will feature in the inspection report and, if there is cause for concern, will be identified as a key issue for action by the school. OFSTED are also conducting a survey of schools' criteria for exclusion and the reasons why some schools in apparently similar circumstances have very different exclusion rates. The Department for Education is in close contact with OFSTED in this work

and will take account of its findings in considering whether any further action is needed.

25. Within the context of the Government's policy on ethnic health, there are data collection initiatives being undertaken in the National Health Service (NHS). This includes guidance on ethnic data collection throughout the NHS.

26. In respect of Local Authority information on ethnic minorities in social care situations, the Department of Health has undertaken discussions with local authorities on consistent methods of collection and is considering issuing guidance shortly.

27. The Benefits Agency which is an executive agency of the Department of Social Security has an equal opportunities policy for its customers. In support of this it provides interpreting services for customers for whom English is not their first language, and is now working on a major project on interpretation resources nationwide. Other activities and initiatives include: twice-yearly Ethnic Minority Forums with customer representative organisations; a free telephone advice services in several minority languages; outreach work with ethnic minority communities at District level; a new training course for staff on meeting the needs of the Agency's diverse customers; and the production of publicity material -including audio cassettes - in up to eleven languages. Further details are given in the 13th UK Periodic report to the UN Committee on the Elimination of All Forms of Racial Discrimination.

Question 13
Please indicate to what extent the provisions of article 2 of the convention concerning non-discrimination are covered in national legislation, in particular with regard to the State party respecting and ensuring the rights set forth in the Convention, irrespective of the child's or his or her parent's or legal guardian's social origin, property, disability, birth or other status.

28. Under the Race Relations Act 1976, discrimination on the grounds of colour, race, nationality or ethnic or national origin is generally unlawful in the fields of employment, education and the provision of goods, facilities, services and premises. This applies to all person regardless of age.

29. The Act applies to all educational institutions. Section 17 of the Act provides that it is unlawful for the responsible body in relation to an educational establishment listed in the Act (including the proprietor of an independent school) to discriminate against a person - where he is a pupil of an establishment

(ii) by excluding him from the establishment or subjecting him to any other detriment.

30. English language support is provided through Section 11 of the Local Government Act 1966 grant which is currently paid by the Home Office to local authorities (and other institutions) in England and Wales for the employment of additional staff to meet the particular needs of individuals arising from language and cultural barriers that inhibit access to mainstream provision and services. With effect from 1 April 1994 it has also been open to Local Education Authorities (LEAS) and others to bid to the Single Regeneration Budget for initiatives to enhance the education of disadvantaged people such as members of ethnic minorities.

Northern Ireland

31. All the rights set out in the Convention are to be extended to all children in
the jurisdiction without discrimination.

32. Regarding the application of the provisions of Article 2 of the Convention,
concerning non-discrimination to children whose parents were not married to each other at the time of their birth, the scheme which will come into operation after the enactment of the proposed Children (Northern Ireland) Order will reform the law on illegitimacy, and will remove most of the disadvantages associated with birth outside marriage. A general principle of statutory construction, that relationships between two persons will be taken without regard to whether or not a person's parents were married to each other at a particular time, will be introduced. Any discrimination regarding succession and property rights will be removed so that an illegitimate child will be able to inherit the property of his more remote relations. Unmarried fathers will be given the means to obtain parental status (or parental responsibility) in respect of their children, either by court order or by a special form of agreement with the mother and the full range of financial and property orders will be made available for the benefit of children of unmarried parents, closely modelled on those financial orders which are available for the benefit of children in divorce proceedings. It will no longer be necessary to proceed by a special procedure to obtain maintenance in respect of a child whose parents are not married although it will still be necessary to establish paternity. By virtue of the provisions which will be enacted in the proposed Children (Northern Ireland) Order the law in Northern Ireland will no longer discriminate against children according to the circumstances of their birth.

Question 14
Are there any plans to introduce legislation to eliminate racism and racial discrimination in Northern Ireland?

Northern Ireland

33. The Government accepts the principle that protection should be given to those who suffer from discrimination on the grounds of race. A public consultation process has been held to consider the needs of ethnic minorities, and the scope for legislation to outlaw discrimination on grounds of race. Ministers are currently (November 1 994) considering recommendations on the way forward and decisions are expected in the near future.

34. Under the Public Order (Northern Ireland) Order 1987 it is a criminal offence intentionally to stir up, or act in a manner likely to stir up, hatred against a group of persons in Northern Ireland on grounds of religious belief, colour, race, nationality or ethnic or national origins.

35. At the moment there is no equivalent to the GB Race Relations Act in Northern Ireland law. However, the Government undertook a public consultation process, which included consideration of the scope for legislation, and officials have recently submitted to Ministers recommendations on the way forward.

Best interests of the child

Question 15
Paragraph 98 of the report indicates that in some of the areas which affect the life of a child very significantly such as health and education, there is an implicit acceptance of the principle of the best interests of the child although there is no reference to it as such in the relevant legislation. Does the government intend to amend the law in order to take account of the best interests of the child in all the areas affecting him or her, and for all parts of the United kingdom?

36. No. In all services for, or used by children throughout the UK it is expected that their best interests will be respected. The Government does not consider it necessary to legislate explicitly to that effect.

37. In Scotland, the best interests of the child are implicit in health and education legislation affecting children. We see no need to amend the legislation at this time though this wording itself does not appear.

Right to life, survival and development

Question 16
What measures are planned to address the problem of social class and regional differentials in the incidence of infant mortality?

38. Since 1975, infant deaths have been linked to their corresponding birth records in order to obtain information on the social and biological factors of the baby's family. The records hold the occupation of parents (normally the father). Information on occupation and status given at birth registration is used to derive social class for a 10% sample of live births. While the rates within social classes IV and V remain higher than other classes, the gap has narrowed significantly over the last 20 years and continues to do so.

39. Specific targets are being set in regions to reduce the number of stillbirths and infant deaths. Regional variations are being addressed by regions' participation in the nationwide Confidential Enquiry into Stillbirths and Deaths in Infancy (CESDI), and by regions undertaking other initiatives aimed at reducing mortality rates through the planning and review process. Some variation between regions is to be expected as the numbers involved can sometimes be small, and a small change in the number of infant deaths can result in a large change in the mortality rates.

40. The infant mortality rates (ie deaths in first year) for 1992 are 6.6 per 1000 live births (latest figures available). They are the lowest ever, reducing from 12.8 in 1979 to 6.6 in 1992, a decrease of 48%. Perinatal mortality (ie still births and deaths within seven days of birth) in England and Wales has reduced from 14.7 in 1979 to 7.6 per 1,000 births in 1992, a decrease of 48%.

41. The 'Back to Sleep' campaign was launched in December 1991 and the Department continues to evaluate it. There has been a welcome and substantial fall in the number of deaths from Sudden Infant Death Syndrome since the 'Back to Sleep' campaign was launched in December 1991. Deaths from SIDS fell from 912 in 1991 to 456 in 1992. 1993 data are not yet available.

42. The Confidential Enquiry into Stillbirths and Deaths in Infancy (CESDI) was established in 1992. This is the mechanism that is in place for identifying avoidable factors that give rise to stillbirths and deaths in infancy. The first year's results will be presented to Ministers early in 1995 in CESDI's Annual Report. The CESDI programme includes a 2 year study of sudden unexpected deaths in infancy, including SIDS.

43. Targets for health gain in these areas have been set out by the Welsh Health Planning Forum in its "Protocol for Investment in Health Gain - Maternal and Early Child health" which was published in August 1991.

Respect for the views of the child

Question 17
What measures are being taken in the education system to implement article 12 of the Convention both in respect of the child's right to participate in decisions that individually affect him or her, and also in respect of the right to participate in the development of school policy and administration? What information is available to children to ensure that they are able to exercise their right to complain (paragraph 137 of the report)? What measures are being taken to ensure that affected children have the right to be heard in all administrative procedures within the education system - eg school choice and school exclusion appeals and special education assessment and appeals?

44. Although the statutory provisions governing school exclusion do not formally give the child a right to be heard, the general law (in the shape of the rules of natural justice) means that a child does have the right to be heard before a decision to exclude him or her is taken by the headteacher. In May 1994, The Department for Education sent to all schools guidance on exclusions that states "the headteacher should not decide upon exclusion until he or she is in possession of all the relevant facts and has firm evidence to support the allegations made. In the interests of fairness this will always include an opportunity for the pupil facing exclusion to express a view."

45. The express right (in the Education (No. 2) Act 1986 in the case of Local Education Authority-maintained schools) for the appellant to have an opportunity of appearing and making representations carries this right through to the appeal stage. There is therefore provision throughout the appeals process for the pupil's views to be heard, whether directly or through his or her parent. The notion of the child (under 18) being represented by the parent is consistent with Article 12.2 of the Convention.

46. As far as admissions to schools are concerned, it is the parents of the child who have the right to express a preference as to the school they wish their child to attend, and who submit the application to the school. Parents have a right to appeal against a decision not to admit a child to a school. Although there is nothing in legislation which would prevent a child attending an appeal hearing at which his or her admissions case is to be discussed, both the Association of Metropolitan Authorities and the Department for Education's Code of Practice on appeal procedures recommend that usually children should not attend in case they find the hearing a stressful experience.

47. The Department for Education and the Welsh Office have issued a Code of Practice on the identification and assessment of special educational needs to which all LEAs and schools must have regard. The Code recommends that in assessing the special educational needs of children, schools should make every effort to identify the views and wishes of children about their future education. The Code emphasises that children have important and relevant information to contribute and their support is crucial to the effective implementation of any individual education programme. The level of a child's participation will, of course, be determined by his or her age, ability and past experience.

48. Children can give written or oral evidence at the hearing by the Special Educational Needs Tribunal of an appeal against a Local Authority decision on their special educational needs. However, the Tribunal would be unlikely to encourage parents to bring the child to a hearing unless it was sure of the child's own wish to attend, bearing in mind the distress which the child might experience at hearing his or her needs discussed and at being brought into an arena of conflict.

49. In Scotland, pupils may be co-opted onto School Boards which have a direct involvement, by law, in the running of schools. Also, parents have a right to be involved in all statutory procedures involving their child's special educational needs. Over age 16, young persons act for themselves in any assessment and may also appeal against the refusal of a school place where they want one or against what is said in their Record of Needs. Where children over 16 are not able to do this, their parents can continue to act for them. Further, children over age 16 have the right by law to make placing requests and to appeal against refusal of that request. In addition, the Government has arranged for guidance on certain matters such as bullying to be issued directly to school children.

Civil Rights and Freedoms

Question 18
In relation to articles 13 to 17 of the convention on the Rights of the Child what steps have been taken to ensure that these fundamental rights and freedoms are provided for and effectively enjoyed by children in the United Kingdom?

50. See paragraphs 4.12 to 4.47 of the UK's First Report. A slightly amended section on relevant aspects of the education system follows:

51. Section 1 of the Education Reform Act 1988 requires the curriculum of every maintained school to:

This must include an awareness of their duties towards their fellow human beings. Additionally, there is scope within the National Curriculum to study human rights issues, most obviously in history.

52. Sections 44 and 45 of the Education 1986 (No.2) Act lay clear duties on Local Education Authorities, governing bodies and headteachers to forbid partisan activities in primary schools, and the promotion of partisan political views in the teaching of any subject in their schools. Local Education Authorities, governing bodies and headteachers must also secure that where political issues are brought to the attention of pupils, they are offered "a balanced presentation of opposing views".

53. Religious education syllabuses in county schools must be non--denominational. They should cover all of the principal religions represented in Great Britain. As mentioned in the UK's First Report, parents have a freely exercisable right to withdraw their children from religious education and daily collective worship, either in whole or in part.

54. The Education Act 1993 requires all maintained secondary schools to provide sex education, including teaching about HIV/AIDS and other sexually transmitted diseases. Sex education remains discretionary in primary schools. Parents have the right to withdraw their children from sex education provided beyond the requirements of the National Curriculum Science Order. The implementation of the new arrangements will be monitored by OFSTED as part of their routine inspections.

Family Environment and Alternative Care

Question 19
Will the Government consider introducing a more detailed definition of parental responsibility to include in particular the best interests of the child and the right of the child to express his or her views and have them taken into account, in order to ensure that the rights contained in the Convention are fully implemented for children within the family context?

55. Section 3 of the Children Act 1989 defines parental responsibility as "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property". The Children Act took as its lead in referring to parental responsibility the recommendation of the Law Commission Report on Guardianship and Custody. This sought to move away from the concept of parental rights over a child to an acceptance of responsibility towards that child, focusing more on the parents' involvement in the child's care and upbringing as he grows up. The Act also stresses that parents never lose parental responsibility for their child, unless he is freed for adoption or dies. Parental responsibility can be shared; ie with a local authority. The Act encourages contact with both parents after divorce unless it would not be in the best interests of the child. The best interest of the child is the main principle of the Act.

56. There are no plans to change the law in relation to the definition of parental responsibility. Under the Children Act 1989, the welfare of the Child is the court's paramount consideration when considering all questions relating to a child's upbringing. In addition, prominence is given to the need for the child's views to be taken into account in reaching any decision on residence or contact or other orders under the Act. The child's wishes and feelings (considered in the light of his age and understanding) head a checklist of matters which the court must consider before making such orders and orders under Part IV of the Act.

57. The White Paper "Scotland's Children" published in August last year outlined clear child care principles which incorporate the philosophy of the UN Convention and apply to all children and families who may need social work support.

58. It includes a detailed definition of parental responsibility, specifies that the best interests of the child are paramount and that the views of the child, having regard to age and maturity, must be taken into account about any issues or decisions affecting or worrying them. This will be clearly and specifically reflected in the forthcoming Children (Scotland) Bill.

Question 20
With reference to paragraph 228 of the report it is indicated that in Northern Ireland the common law provides that a father is recognised as the natural guardian of his children, and that the Guardianship of Infants Act 1886 conferred limited rights on a mother to apply to the courts for custody and access. Is the government considering amending this legislation in order to ensure its conformity with the provisions of article 18 of the Convention relating to single parent responsibilities?

Northern Ireland

59. It is intended to amend this legislation. This change will be implemented in the Children (Northern Ireland) Order, which is expected to be enacted early in 1995 as the Children (Northern Ireland) Order 1995. Accordingly married parents will have equal parental responsibility. Where parents are unmarried the mother alone will have parental responsibility and it will be open to the father to acquire parental responsibility either by agreement with the mother or by a court order.

Question 21
What plans are there to improve the visiting arrangements for children whose parents are in prison?

60. As far as possible, visits and family contact are viewed as the right of the child and every effort is made to give greater emphasis to the role that can be played by the prisoner in parenting and in sharing responsibility for the family in general.

61. The Prison Service is developing many schemes to progress the rights of the child with "quality time" being considered an important factor during visits. Governors are encouraged to consider extended visits with more relaxed visiting arrangements. Many establishments have responded positively to the initiative to provide volunteer supervised play areas in visits rooms; an increasing number of creches have been set up and Visitors' Centres, which offer a shelter where visitors may wait and relax before a visit, are now established in most prisons.

62. The University of Cambridge Centre for Family Research has recently undertaken a study on family ties and, at the request of the Prison Service, a main topic for study was "Children and Carer" highlighting, amongst other concerns, the behaviour/problems/changes of children coping with separation from a parent in prison.

Scotland

63. The Scottish Prison Service is committed to encouraging prisoners to maintain links with their families through prison visits and by increasing prisoners opportunities for home leave.

64. In recent years there have been a number of advances in the area of prison visits. Many establishments have introduced a scheme of family visits, which provide a prisoner with extended visits with his children in a relaxed and informal atmosphere. Staff supervision is maintained from a distance in as unobtrusive manner as is possible. There are well equipped play areas for children where the children can participate in play or watch TV and Videos. A number of establishments provide creche facilities for young children.

65. Although considerably fewer women than men are imprisoned, it is recognised that the imprisonment of mothers creates particular difficulties in the maintenance of relationships with their children. Special provision is made therefore for mothers and babies (up to 12 months) to be located together at Cornton Vale, Scotland's only all-female prison. Cornton Vale has also introduced "bonding visits" whereby mothers can have additional 3 hour visits with children, up to the age of 15, in a relaxed atmosphere allowing them time for play, private talk and a light lunch.

66. The Prison and Young Offenders Institution (Scotland) Rules 1994 which came into force on 1 November 1994 provided an increase in the minimum prison visit entitlement. The intention is to benefit not only prisoners but also their children and families by providing increased access as well as affording prisoners the opportunity to exercise responsibility towards their family and encouraging the maintenance of relationships. The Rules also provide for short home leaves (not exceeding 48 hours) and long home leaves (up to 5 days) for the purpose of enabling certain categories of prisoners to visit their home.

Question 22
What concrete action is the Government taking to ensure that article 19 of the Convention is fully implemented, including in the home and in private schools?

67. The UK's First Report outlined in paragraph 5.138 the legal penalties applicable where excessive physical punishment amounting to abuse is used on a child. The UK does not consider that moderate physical punishment that under UK law parents may administer to their children is "physical... violence" under the terms of Article 19.

Education

68. The Government attaches considerable importance to combatting bullying, wherever and whenever it occurs; and is concerned to ensure that schools treat bullying seriously and deal -and be seen to deal - with incidents promptly and firmly.

69. To that end, the Government has taken many positive measures to encourage schools to tackle the problem:

70. All this represents a considerable financial undertaking on the Government's behalf, and will contribute substantially to the common objective of tackling bullying effectively.

71. The Education (No 2) Act 1986 and an Order in Council for Northern Ireland abolished the use of corporal punishment in all state maintained schools. The law also exempts from corporal punishment publicly funded pupils in independent schools.

72. In practice, very few independent schools now administer corporal punishment, but the Government is concerned to ensure that, in those which choose to do so, any punishment does not lead to a contravention of any of the United Kingdom's international obligations. The Education Act 1993 therefore provides that, where corporal punishment is administered to privately funded pupils in independent schools, the punishment should not be "inhuman or degrading". The legislation provides that, in determining whether punishment is inhuman or degrading, regard should be had to all the circumstances of the case including: the reason for giving the punishment; how soon after the event it is given; its nature; the manner and circumstances in which it is given; the persons involved; and its mental and physical effects on the pupil concerned.

73. Local Social Services Departments (SSDs) are responsible for inspecting boarding schools in their area to ensure that the welfare of boarders is safeguarded. The SSDs are required to send their reports to the Department for Education, and they recommend that the Secretary of State for Education consider taking action against the school where they believe that welfare is not being adequately safeguarded.

74. Legislation in the Children (Scotland) Bill will take into account Article 19 in relation to independent schools in Scotland.

Question 23
What further measures are planned in order to prevent sexual abuse? Have studies been undertaken concerning the causes of such abuse, and have programmes been developed to help abusers and to rehabilitate children who have been the victims of such abuse?

75. The Government has made a number of changes to the criminal justice system to help ensure that child victims are treated fairly and with sensitivity.

76. The presumption that children were incompetent as witnesses was abolished
in the Criminal Justice Act 1988. This Act also introduced the system which allows children to give their evidence at court via a closed circuit TV link.

77. The Criminal Justice Act 1991 extended the closed circuit TV link provisions, forbade the cross examination of the child directly by the accused, and allowed a video-recorded interview with the child, conducted by police or social workers soon after the incident, to serve as the child's evidence in chief at trial. The Act also allowed for committal proceedings to be by-passed in cases involving children. The implementation of this important legislation has been accompanied by a wide range of guidance and training materials, and by a pack designed (in close collaboration with the NSPCC and other charities) especially for children who are to give evidence in court. The whole process is being closely monitored by inspection and research.

78. The Sexual Offences (Amendment) Act 1992 provided that victims of a wide range of sexual offences were entitled to lifetime anonymity in the media from the moment an allegation was made.

79. The Police Service regards all allegations of child sexual abuse as serious and seeks to ensure that they are properly investigated. The United Kingdom Government has issued guidance to the Police on the range of powers available to them to protect children under the Children Act 1989.

80. There are a number of further changes planned to the criminal justice system
in respect of child witnesses.

81. The Criminal Justice and Public Order Act 1994 will abolish the mandatory corroboration warning which relates to the evidence of victims of a sexual offence. Currently a judge must warn a jury that it is dangerous to convict on the uncorroborated evidence of a victim of sexual abuse. This mandatory requirement will be removed in early 1995, leaving the Judge free to deliver only such warning as the particular circumstances of the case demand.

82. Also, following concerns about the application of the existing rules relating to the competency of child witnesses, the Criminal Justice and Public Order Act will, from early 1995, require a judge to admit the evidence of a child, unless that child is incapable of giving intelligible testimony.
83. A major research project into the effectiveness of the measures recently introduced relating to the evidence of children in England and Wales is due to report shortly, and the Government will be considering its conclusions very carefully.

84. Throughout 1992/93 the Prison Service introduced treatment programmes for sex offenders, both rapists and child abusers, in eighteen prison establishments in England and Wales. The number of establishments offering this programme has been deliberately limited in order to build up expertise and resources.

85. The Prison Service strategy for the treatment of sex offenders is divided into two main parts. A Core Programme which is aimed at tackling offenders' distorted beliefs about relationships, enhance their awareness of the effect of sexual offences on their victim, and seeks to get inmates to take responsibility for and face up to their own offending behaviour. As part of this programme, inmates have to develop a relapse prevention strategy to help them identify and recognise situations that, when they are back in the community, would put them at risk of re-offending. For those inmates who represent the greatest risk, an Extended Programme has been developed to address other problems that offenders may have, such as poor relationship or communication skills, anger management or substance abuse.

86. During the year ending 31 March 1994, the Prison Service assessed the treatment needs of 904 sex offenders and treated 439 inmates on this programme. Originally, inmates with sentences of four or more years were targeted but, for the future, it is hoped to offer the programme to any prisoner who wishes to have treatment, and has sufficient sentence length to complete the programme.

87. Many probation service areas have developed treatment programmes in the community aimed at tackling deviant behaviour with a view to preventing re-offending. Such programmes are available to sex offenders on release from custody as well as to those who receive a non-custodial sentence. If an offender has already undertaken the Prison Service programme, then the work in the community will follow on from, and build upon work with the offender during their time in prison.

88. Those who sexually abuse children are a heterogenous group, offending within the family, outside the family, or both. This complicates attempts to identify the causes of such behaviour. Various theories about the causes of child sexual abuse have been advanced: biological theories, which claim that sexually abusive behaviour is linked either to brain abnormalities or hormonal imbalance; developmental theories, which subdivide into psychoanalytic theories and behavioural learning theories; structural theories, which place sexual abuse in a socio-political framework; and, more recently, eclectic approaches which combine biological, behavioural, cultural, and sociological elements, with clinical observations and suggest multi-factorial explanations of abuse.

89. Research studies investigating the causes of child sexual abuse have produced conflicting results. With this in mind, the Home Office recently commissioned a review of research with the aim of discovering which of the studies were the most reliable, and then which of the theories such results supported. The review suggested that while there was some support for all the
theories, the eclectic approach provides the most persuasive explanation of sex offending generally. This is reflected in the fact that cognitive-behavioural programmes, which are used most commonly in the treatment of sex offenders, employ treatment methods with a variety of theoretical origins. Most of the research and theories focus upon male sex offenders and fail to account adequately for the existence of female abusers.

90. In addition, with the aim of providing further protection (and others), treatment programmes for those convicted of sexual offences are being run in some Scottish prisons. The Government is also funding a project aimed at helping adolescent sexual offenders to avoid moving into a career of sexual offending. A major Government-commissioned research project which looked at the characteristics of child sexual abusers in Scotland will provide new insights into how best such abusers can be treated and controlled. The report of this research is expected shortly.

91. On a UK basis, the Criminal Justice and Public Order Act 1994 strengthens
the law on obscenity, child pornography and computer pornography.

92. In Scotland, the law is being strengthened to provide for a range of orders
aimed at protecting children from abuse or from further abuse. These orders are

93. The 3 pieces of guidance referred to in paragraph 5.127 of the UK's First Report have been further developed and will be issued shortly. These will help the statutory authorities to protect children from abuse more effectively. Local authorities in Scotland will continue to be responsible for promoting social welfare within their areas. This will include developing and delivering programmes concerned with family support and the prevention of abuse. The Government also supports a number of voluntary organisations in Scotland concerned with preventing abuse and with helping families who have experienced abuse.

Basic Health and Welfare

Question 24
Please indicate to what extent the provisions of the Convention relating to the right to an adequate standard of living are being applied. In particular, how is it ensured that the incomes of the poorest families and those dependent on benefit are sufficient to provide children with an adequate standard of living? Has the Government specified targets and strategies for reducing inequalities in child health for a# children in the UK?

94. The Government have two distinct objectives in helping families through Social Security with the cost of bringing up children. The first is to provide help for families generally through Child Benefit. The second is to provide extra help for less well-off families through the income-related benefits, such as Income Support or Family Credit. Income Support is the non-contributory income-related benefit which acts as a safety net benefit for people who are unable to support themselves by working, and whose resources fall below set levels. The structure of Income Support, with personal allowances paid according to age and family status, and flat rate premiums for groups recognised as having special needs, such as families with children and lone parents, has enabled the Government to focus additional help towards vulnerable members of society.

95. The introduction of Family Credit has had a major impact in helping low income families with children back into work and is now boosting the income of over half a million low income families.

96. Overall, the extra help made available to families with children through income-related benefits is worth over £1 billion a year in 1994/95.

97. A group formed under the UK's "Health of the Nation" initiative has been asked to consider and report to the Chief Medical Officer by the Spring of 1995 how the Department of Health and the NHS can make best use of existing information and resources in tackling variations in health status, with particular reference to the strength of observed relationships and evidence about the effectiveness of interventions. One of the key areas to be considered is accidents, which are the most common cause of death among children and young people.

Question 25
Are the policies of the Department of Health directed towards tackling the high level of teenage pregnancies, and the policies of the Department for Education directed towards sex education fully coordinated? Is information given in schools about the risk of HIV infection and AIDS? Will legislation relating to education be revived in the light of the Government's health targets and the Convention's principles?

98. Targets in the "Health of the Nation" initiative address these issues. Additionally 2 conferences are planned in 1995 on teenage health from which a report will be published.

99. Teaching about HIV/AIDS and other sexually transmitted diseases is a mandatory element of sex education. The Secretary of State for Education is committed to encouraging the education service to contribute towards improving the nation's health through the framework of Health of the Nation. Sex education in schools clearly has a role to play in helping to meet targets for the reduction of levels of teenage pregnancy and the rates of sexually transmitted diseases.

100. In Scotland, health education is provided in schools from age 5 to 18 to equip pupils with the knowledge, skills and attitudes they will need to make well--informed judgements about their lifestyles. Government policy is to encourage education authorities to address important health topics including HIV and AIDS within a comprehensive programme of personal and social development. The Scottish Office Home and Health and the Scottish Office Education Department liaise on matters concerning sex education and initiatives required to reduce the rate of teenage pregnancies.

Question 26
The Government's report does not address the problem of homelessness and its effect on children. What strategies is the Government adopting in response to this situation?

101. In England, homelessness legislation places a duty on local housing authorities to secure suitable, long-term accommodation for people who are unintentionally homeless and who have a priority need for accommodation. The priority need group includes households which include dependent children or a pregnant woman. This duty extends to young people aged 16 or over and authorities should have regard to statutory guidance which advises that young people may be at risk through being homeless, and may have a priority need for accommodation. Under proposals to reform the legislation, authorities would continue to be required to provide a safety net for families with dependent children and vulnerable young people who were homeless through no fault of their own.

Scotland

102. In Scotland, the homelessness legislation sets out groups of homeless people who are in priority need, and hence entitled to permanent accommodation from local housing authorities. These give priority to children since they include:-

103. In addition local housing authorities have been advised that young people of 16 or 17 years old may be vulnerable, and therefore in priority need.

Northern Ireland

104. The Government places a high priority on dealing with homelessness and is conscious of the impact of this problem on children. Under the Housing (Northern Ireland) Order 1988, the Northern Ireland Housing Executive has a statutory duty to ensure that accommodation is available for homeless persons who are in priority need. "Homeless" includes persons who are at risk from domestic violence, and "priority need" includes pregnant women, persons with dependent children, and young persons between the ages of 16 and 21 who are at risk of sexual or financial exploitation.

105. The Housing Executive has an effective programme to deal with homelessness. In the short term, homeless people are placed in bed and breakfast accommodation or in hostels operated by the Housing Executive or by voluntary organisations. The Executive's hostels are geared mainly towards providing accommodation for families, so that children can remain with their parents.

106. The Executive understands the adverse effects which homelessness can have on children's development generally (eg health, education, behaviour) and seeks to minimise this by providing permanent family accommodation as soon as possible. On average 70% of households placed in temporary accommodation are permanently housed within 3 months.

107. Registered Housing Associations are funded by the Department mainly concerned with the provision of housing for people with special needs. A number of these associations provide temporary accommodation for women and their dependent children who are at risk from domestic violence. The recently published Housing Association strategy has estimated that the projects currently under construction and those planned over the next 3 years should largely eliminate the shortage of refuge places.

108. The Department and the Housing Executive also indirectly provide support by contributing to several voluntary groups which manage hostels for the homeless. Advice is available to people who are homeless or threatened with homelessness at the Executive's Homeless Advice Centre and at its 42 District offices throughout the Province. In addition, the Department provides 90% funding to a voluntary Organisation known as Housing Rights Service which offers advice and assistance to all those with housing problems including the homeless.

109. The Making Belfast Work (MBW) initiative, in collaboration with the Belfast Action Teams, is engaged in a range of programmes targeted at the difficulties encountered by children and young people in the most disadvantaged areas of Belfast. These programmes do not directly address the issues of homelessness but recognise the multi-dimensional role of the problems. The needs of children and young people have consistently emerged as key factors to be addressed in the MBW strategy which is soon to be published. A draft policy framework, entitled "A New Deal for Children and Young People in North and West Belfast" has already been produced by a partnership of voluntary and community activities, together with some Action Team Leaders. This draft framework document has been the subject of wide consultation and is intended to provide the framework for discussion as to how best meet the needs of children and young people in that area. In many of the Action Team areas programmes targeted at the needs of marginalised youth are ongoing.

Question 27
What further measures are planned to ensure that the rights of disabled children are fully promoted in all parts of the United Kingdom in line with the provisions of the Convention, particularly its article 23?

110. In education there has been substantial progress in improving arrangements for schoolchildren and college students with physical or sensory disabilities - and other learning difficulties - in the last few years. A new legislative framework is in place, designed to give better opportunities to such young people and clearer rights to their parents.

111. Part III of the Education Act 1993 and the associated statutory Code of Practice on the Identification and Assessment of Special Educational Needs, which was published in 1993 and came into effect on 1 September 1994, have gained widespread national support and approval. The Code seeks to promote a model of good practice to all schools to ensure these pupils get the best possible educational opportunities. It is designed to help schools and local education authorities obtain best value from the very considerable financial resources and expertise devoted to the education of children with special educational needs, from those who need a little extra help to those with more serious learning difficulties.

112. The new legislation re-enacts the duty on local authorities to find an appropriate place for every child with a disability; it gives parents enhanced rights to have their preferences taken into account; it establishes a new independent Special Educational Needs Tribunal to which parents can appeal if they are dissatisfied with local authority actions; and it sets new tighter time limits for the assessment of children to see whether statements of special educational needs are necessary.

113. The overwhelming majority of the estimated 20% of schoolchildren who, at one time or another, will have special educational needs are already in mainstream schools. Only a small minority of pupils - something like one in every hundred of the total pupil population - receive their educational provision within a special school. The majority of pupils with statements -those with the most severe learning difficulties - are now educated in mainstream schools, rather than special schools.

114. In the further education sector, all funding bodies must have regard to the needs of students with learning difficulties, including disabilities, where they make further education provision. Colleges of Further Education are now developing their own charters, which will include details of how they provide for students with disabilities. Furthermore, a specialist committee is to report on how the Further

Education Funding Council may best fulfil its duties towards such students. The Higher Education Funding Council is giving up to £6 million to improve access to higher education for people with learning difficulties.

115. Further steps are being taken to aid access and choice. For example:

116. In Scotland, in the field of social care, legislation is being prepared which will provide new rights of assessment for children with disabilities or who are affected by disability in their families. There will also be new rights to information about available services and new duties on local authorities to publish care plans for children. Local authorities will also be given wider duties and powers to provide services for children in need which includes children with disabilities.

Education, Leisure and Cultural Activities

Question 28
Please clarify whether education about the Convention on the Rights of the Child has been incorporated within the National Curriculum? (para 503 of the report).

117. Education about the Convention on the Rights of the Child has not been specifically incorporated in the National Curriculum. Recent reforms of the National Curriculum have concentrated on slimming it down and making it less prescriptive. There is, however, publicity accessible to children about helpline and other procedures for complaints and support in the generality of boarding schools and children's residential homes.

Question 29
Does the Government monitor the extent to which contributions are being required of parents towards the cost of education? If so, what has been the trend in this regard in recent years?

118. Sections 106-111 and 117-118 of the Education Reform Act 1988 set out the law on charging in all LEA-maintained and grant-maintained schools. The objectives of these provisions were:

119. The Department for Education does not monitor the effects of these provisions.

120. The student awards system has as one of its principles that the parents of students should make a contribution to the costs of their children's support in higher education, according to their ability to pay. But since the introduction of student loans in 1990, the burden on parents has gradually eased. The average contribution expected from parents has been reducing in real terms since 1990-91, and has reduced still further as a proportion of income. In 1994-95 it is estimated that parents in England and Wales will be expected to contribute around £570 million towards the support of their student sons and daughters who are in receipt of mandatory awards.

121. Education in Scotland at state schools is, by law, free. In order to foster choice for parents and children, the Government's Assisted Places Scheme provides grant for families who could not otherwise afford it to send their children to independent schools. The level of grant is linked to parental income. Families with parental income below a certain level can get school fees paid in full.

Question 30
What steps are being taken to ensure that the right to play, leisure and recreation in implemented for all children, including in particular those living in poor inner city areas and those in Northern Ireland?

122. The Government, through the Sports Council, supports the provision of sporting opportunities for both children and adults by grant-in-aid of approximately £50 million per year. Within this, approximately £4 million is spent specifically on youth sport. In addition, the Sports Council has a budget of £300,000 for children's play in 1994/95 and, through its Trust Company is also providing a grant of £27,000 to support the National Voluntary Council for Children's Play.
123. The restructuring of the Sports Council which is currently underway represents a major push to revive young people's involvement in sport. A new English sports Council will be formed which will concentrate on helping grass roots sport and the governing bodies of sport. In return for greater financial support governing bodies will have to prepare clear plans for the development of their sports, and those plans must include programmes for strong and effective links with schools and youth organisations to make the most of the talent of young people.

124. The Government is also committed to putting sport back at the heart of school life, and to this end the Department of National Heritage and the Department for Education are currently developing proposals for improving sport in schools. The proposals will include both curricular and extra-curricular school sport.

125. The City Challenge initiative is a funding programme run by the Department of the Environment which addresses the environmental, social and economic problems of targeted run-down urban areas. The partnerships which run the 31 schemes are formed from members of the local authority, the local community and the private and voluntary sectors. Each partnership will receive £37.5 million over a five year period. City Challenge programmes are not prescribed centrally, but sport and recreational schemes, including the provision for school facilities, figure in a number of the target areas.

126. Section 1 of the Education Reform Act 1988 requires the curriculum of every maintained school to:

127. Physical education (PE) is a mandatory part of the National Curriculum for all pupils of compulsory school age in England and Wales. National Curriculum physical education ensures that, at some stage in their compulsory schooling, all pupils take part in games, gymnastics, dance, athletics, swimming and outdoor and adventurous activities. One of the key aims of the PE curriculum is to promote in pupils a keen interest in physical activity and to develop a healthy and enjoyable lifestyle which can be carried with them into adulthood.

Scotland

128. In Scotland, there are no specific measures in force to monitor the implementation of children's rights to play, leisure and recreation. Such provision would, for the most part, fall to be made by local authorities who would need to take into account their own priorities and available resources. Government support for sport in Scotland is mainly channelled through the Scottish Sports Council which, among its many functions, implements through Team Sport Scotland an initiative to maintain and increase participation in team games for school-aged children.

Northern Ireland

129. Making Belfast Work (MBW), in collaboration with the Belfast Action Teams, is engaged in a range of projects targeted at the provision of play, leisure and recreation for children and young persons in the disadvantaged areas of Belfast. These projects include the provision of playgrounds, funding for play workers and the provision of leisure and sporting facilities. MBW seeks to co-ordinate the delivery of these services by working in partnership with voluntary bodies, such as Playboard Northern Ireland and the statutory sector providers; i.e. District Councils, Department of Health & Social Services, Department of Education, Education and Library Board and the Sports Council for Northern Ireland.

130. MBW, in partnership with the Sports Council for Northern Ireland and the Belfast Education and Library Board, is currently supporting a major young people and sport project aimed at linking schools with their local communities.

Special Protection Measures

a. Children in situation of emergency

Question 31
How is it ensured that the 'best interests of the child' are reflected in refuge status determination procedures? How is it ensured that children asylum seekers, some of whom are detailed, have access to adequate legal representation in addition to consultation with the Panel of Advisors?

131. The Immigration Rules lay down certain key elements of the UK's approach to asylum applications from unaccompanied minors, and these have been supplemented by detailed internal guidance to caseworkers. This guidance instructs caseworkers on matters such as: the need to identify such cases and prioritise them at every stage in the process; the role of the Panel of Advisers and the mechanisms of involving it. It also gives advice on the considerations affecting decisions in these cases, especially the presumption against removal from the United Kingdom, even if refugee status is refused, unless clear reception arrangements are able to be in place in the country of return after any appeal. Generally (but not necessarily in third country cases - see Q.34 below) these arrangements will involve parents or legal guardians. The guidance also makes clear that interviews will generally be regarded as a last resort (ie they will only be conducted in cases where enough information to resolve properly the case from other sources has been unobtainable), and must be approved on a case by case basis at a fairly senior level.

132. A pool of Home Office asylum caseworkers and Immigration Officers have been trained by a senior official from the Refugee Council in the particular skills required to interview children in order to ensure that where interviews are necessary they are conducted sympathetically, and with full regard for the welfare of the child. The conduct of the interview is monitored by means of assessment forms completed by the interviewer, and this is used to review and improve techniques used in interviewing children.

133. Unaccompanied minors are advised about the availability of free advice from the Refugee Legal Centre, a state funded body who provide assistance to asylum seekers in preparing claims, and in representing claimants before the Appellate Authorities.

Question 32
Please indicate how the principle of the best interests of the child is taken into account in the implementation of the Nationality and Immigration Act, especially with regard to family reunification

134. The answer to Q.31 above deals with the legal provisions and practical mechanisms for handling asylum applications from unaccompanied minors. These arrangements protect the best interests of the child, but they are kept under constant review. There is no rigid policy on family reunion in respect of child asylum seekers, although children who are recognised as refugees within the meaning of the 1951 Convention will generally be entitled to seek reunion in the UK with immediate family members in the same way as adult Convention refugees. There is no automatic entitlement to family reunion for those refused refugee status but granted Exceptional Leave to Remain in the UK, and each case is considered on its merits. The UK does not accept that the "best interests of the child" will necessarily always point to family reunion taking place in the UK, and will, if the circumstances suggest that this is right, consider reuniting a child with his family in the country of origin. Family reunion generally for child asylum seekers is in practice very rare because most unaccompanied children who come to the United Kingdom claim to have completely lost contact with their families.

Questions 33 + 34
As concerns the use of accelerated immigration procedures on "safe third country" grounds, please provide the Committee with information and statistics on how many children have been subject to these procedures? What criteria are employed to determine that a country is indeed a "safe third country"?

For unaccompanied children who are removed from the UK to another country on "safe third country" grounds, how do you ensure that appropriate return and reception arrangements are in place in the country to which the child is returned?

135. Since the implementation of the Asylum and Immigration Appeals Act 1993 very few child asylum seekers have been removed from the United Kingdom on safe third country grounds. The UK has no formal list of safe countries and each case is considered on its merits, but in practice the very few removals which have taken place have been to neighbouring Western European countries, and have only been enforced after the authorities in those countries have been notified of the

child's return, and have confirmed that they will accept him/her. Such confirmation is an adequate basis on which to enforce return to countries which themselves have well developed care facilities for lone children.

Question 35
Please provide the Committee with information and statistics concerning how frequently children who are granted Exceptional Leave to Remain (ELR) are authorised on an exceptional basis to be allowed reunification with their families? Also how long, on average, do unaccompanied children have to wait in order to be granted family reunification (paragraphs 534-535 of the report)?

136. No statistics are available, but it is unlikely that where children have been granted exceptional leave to remain here on the basis that they have no-one to turn to in their own country, they would be encouraged or allowed to be "re-united" with their family here, save in the most exceptional circumstances.

Question 36
What research is being undertaken to evaluate the impact of the violence in Northern Ireland on children as a basis for developing policies to counter its harmful effects? Have any specific measures been taken in Northern Ireland to support children in such situations particularly in light of article 39 of the Convention? What strategies are being developed to promote greater integration amongst children from the different communities?

Northern Ireland

137. The 1989 Education Reform (Northern Ireland) Order placed a statutory duty on the Department of Education for Northern Ireland to "encourage and facilitate the development of integrated education". The Department pays grants to the Northern Ireland Council for Integrated Education, and has helped found a new charitable trust known as the Integrated Education Fund; both of these bodies seek to promote the development of integrated education.

138. In recent years a number of integrated schools have been established at primary and secondary levels with the aim of providing education for Roman Catholic and Protestant children together. Initial proposals to form such schools are made on behalf of local parent groups seeking integrated education for their children. The schools must enrol reasonable numbers of both Protestant and Catholic pupils. One hundred per cent grants are given for approved running costs and, in due course, capital expenditure.

Curriculum

139. The curriculum in Northern Ireland is made up of Religious Education and 6 other areas of study, each of which contains certain compulsory subjects. For Religious Education, the core syllabus has been drawn up with the agreement of the four main Churches, and this must be taught in all grant-aided schools.

140. In addition to the compulsory subjects, a number of educational (cross--curricular) themes are included in the curriculum for all schools. These are not separate subjects, but are woven through the main subjects of the curriculum. Key themes are "Education for Mutual Understanding" and "Cultural Heritage". Both have the objective of promoting appreciation of and respect for all traditions in Northern Ireland.

Community Relations

141. The Cross-Community Contact Scheme is one initiative among many which have been formulated to foster contact between the communities. This provides for the payment of grant-aid to schools to create and develop cross-community contact through continuous and collaborative activities leading to greater mutual understanding.

Question 37
Are there any plans to revise the legislation on recruitment to the armed services to ensure that in any recruitment of under-18 year olds priority is given to the oldest? Will the Government consider raising to 18 the minimum age for recruitment into the armed forces?

142. There are no plans to raise the minimum age for recruitment to the British Armed Forces. To restrict recruitment to over-18s would create severe manning difficulties for the Armed Forces as some 35% of recruits are aged under 18 (40% of non-commissioned personnel). It would also cause disappointment to those young people who wish to enter their chosen career straight from school. All recruits to the British Armed Forces are volunteers, and those under 18 require their parents' or guardians' written consent to enlist.

143. There are also no plans to introduce legislation directing that in recruiting under-18 year olds priority should be given to those who are oldest. The Armed Forces seek to recruit the best qualified candidates among all eligible applicants. However in recruiting under-18s, their age and maturity would be taken into account.

b. Children in conflict with the law

Question 38
In the light of articles 17 and 39 of the Convention and taking into account the principle of the best interests of the child, please provide further information as to the measures taken to ensure that the arrest, detention or imprisonment of a child is only used as a measure of last resort and for the shortest appropriate period of time.

144. The UK Government is committed in broad terms to the view that juveniles should only be detained as a measure of last resort and for the shortest period of time. Only those juveniles who present a risk of serious harm to the public are detained before trial. As for sentences of detention, the Government believes they should only be available for the most serious or persistent young offenders; those who commit less serious crimes should be generally dealt with in the community. Moreover whatever the status of a juvenile, children are treated in a way which reflects their age and vulnerability.

Detention pending trial

145. In England and Wales, a juvenile under 17 who is not released after charge must be brought before a magistrates' court as soon as practicable. A juvenile may only be detained at a police station as a last resort. The police are required to pass all juveniles to local authority accommodation before their first appearance in a magistrates court unless it is considered impracticable to do so (ie severe weather conditions). Exceptionally police may detain 15 to 16 year olds where there is no local authority secure accommodation available and where it appears that there is a risk of serious harm to the public from the child. The Criminal Justice and Public Order Act 1994 will extend this exceptional power to include 12 , 13 and 14 year olds. These new powers to detain in police accommodation are expected to be used very rarely. Where juveniles are detained by the police, they are accorded greater care than adults, supervised more frequently and (where possible) detained separately from adults.

146. The decision as to whether an accused person who is brought before the courts should be released on bail is a judicial one. The Bail Act 1976 provides a right to bail for defendants involved in criminal proceedings in England and Wales, subject to certain exceptions. Bail may be withheld under the 1976 Act in the case of a person accused of an offence punishable with imprisonment if the court is satisfied that there are substantial grounds for believing that , if released on bail, he would abscond, commit an offence, interfere with witnesses or otherwise obstruct the course of justice. In addition, juveniles may be refused bail for their own protection.

147. The Criminal Justice and Public Order Act 1994 contains bail measures which will be implemented early next year. Bail will be unavailable to anyone charged with murder, attempted murder, rape, attempted rape or manslaughter (with one exception) where the defendant has a previous conviction for any of those offences or for culpable homicide. The 1994 Act also removes the presumption in favour of bail for any defendant charged with an indictable only offence, or one triable either way, who appears to the court to have been on bail already when the alleged offence was committed. The courts will also acquire the power to revoke bail where new information comes to light. The 1994 Act does not breach any of the United Kingdom's international human rights obligations.

148. Where a juvenile under 17 is refused bail by the court he will be remanded to local authority accommodation. The local authority may return the juvenile home, find a remand fostering placement, place him in a children's home or place him in secure accommodation provided that the statutory criteria are met. The only unconvicted juveniles who may be remanded to the prison service custody are 15 and 16 year old boys who have committed serious offences; or who have a recent history for absconding while remanded to local authority accommodation are charged with or have been convicted of an imprisonable offence; and in both cases the court view is that detention is necessary to protect the public from serious harm. Once sufficient secure local authority accommodation is available provisions will be implemented which will allow courts to remand juveniles aged 12 to 16 years who meet the criteria set out above directly to local authority secure accommodation and prison remands will be abolished.

Detention after conviction

149. Most young people who are given a custodial sentence are sentenced to detention in a young offender institution. The maximum sentence is 12 months ( to be extended to 24 months by the Criminal Justice and Public Order Act 1994) for imprisonable offences.

150. Courts currently may impose a sentence of detention for life on a young offender aged 10-17 years who is convicted of murder or manslaughter. Young offenders aged 14-17 who commit grave crimes may be given long sentences up to the adult maximum. This power to order long terms of detention for grave crimes will be extended to include 10-13 year olds.

151. The new secure training order once implemented will only be available for persistent young offenders aged 12-14 who have failed to response to supervision in the community.

152. The following criteria must be met before a court can pass a custodial sentence:

153. Moreover in passing any sentence, courts are required by statute to have regard to the welfare of the child.

154. Questions 38 and 40. The Police and Criminal Evidence Act 1984 (PACE) under which HM Customs and Excise operate incorporates all the provisions required by the UN Convention. Specific guidelines are issued to all staff to inform them how to deal with children during their investigations.

155. Personal searches by Customs staff are conducted under Section 164 of the Customs and Excise Management Act 1979. Persons to be searched who are under 17 years old have the option of having a parent or guardian present during the search.
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156. Where the detention of a child in hospital is necessary under the Mental Health Act 1983 the Mental Health Act Code of Practice makes it clear that any intervention in the life of a young person considered necessary by reason of their mental disorder should be the least restrictive possible and result in the least possible segregation from family, friends, community and school.

157. In Scotland the Social Work (Scotland) Act 1968 (as amended) defines the criteria for the detention of children. Regulations set out procedures to be followed where secure accommodation is thought necessary, and arrangements for the authorisation and review of the use of secure accommodation by children's hearings.

158. When a child under 16 is arrested/detained, the police constable involved must intimate without delay to the child's parent/guardian the fact that the child is in custody at a specified place. A parent/guardian has a right to have access to the child, unless there is reasonable cause to suspect that the parent/guardian has been involved in the alleged offence.

159. Decisions to hold children and young people can be made by the Courts and by children's hearings. The former is, by definition, for grave or serious offences and such admissions are governed by Sections 205, 206 and 413 of the Criminal Procedure (Scotland) Act 1975 (as amended). The courts are required to have regard to the welfare of any children brought before them as offenders. A child who is found guilty may not be "imprisoned" but, if a custodial disposal is considered appropriate, the court may order his/her detention. The child is liable to be detained in such place, and under such conditions, as the Secretary of State may direct (if the case is tried on indictment) or to be detained in residential accommodation by a local authority (if the case is tried summarily). The latter refers to a decision by a children's hearing in accordance with Section 44 of the Social Work (Scotland) Act 1968 that a child is in need of compulsory measures of care. The hearing is required to be satisfied that either:-

160. Review meetings take place at least every 3 months for young people in secure care with the young person and their parent(s) invited to attend and encouraged to play an active part in the review and future planning.

161. Under the Prisoners and Criminal Proceedings (Scotland) Act 1993, children detained for less than 4 years under section 206 of the 1975 Act, must be released on licence at half sentence, if not released earlier. For children serving a sentence of 4 years or more, release will be as soon as two-thirds of the sentence has been served. When released all children will be subject to supervision by the Social Work Department but their early release allows the opportunity to serve the unexpired portion of the sentence in the community.

Northern Ireland

162. A child is defined in the Children and Young Persons Act (NI) 1968 as someone between the ages of 10 and 14.

163. The powers of arrest continued in the Police and Criminal Evidence (NI) Order 1989 make no distinction as to the age of an alleged offender so that a child may be arrested, however, there are special considerations applying to children who have been arrested and these include:

* When a child is arrested such steps as may be practicable must be taken to inform his parent or guardian.

* A child detained in a police station or being brought to or from a court or waiting before or after a court appearance, should not be allowed to associate with adults who are charged with an offence. If the child is a girl she must be placed under the care of a woman.

* When a child is arrested and cannot be brought before a magistrates' court immediately, the police officer in charge of the station must release the child on bail unless one of the following conditions is fulfilled, that is:

In any event a child should be brought before a magistrates' court as soon as practicable but certainly not later than 48 hours after arrest. In the meantime he will not be held at a police station but in a remand home.

Question 39
Please provide information on the total number of children deprived of their liberty, on the kinds of institutions in which children may be deprived of their liberty, and the reasons for such deprivation of liberty. In addition, please provide further information on: how the conditions in such institutions are monitored; whether there are complaints procedures in cases of ill-treatment; and whether personnel in these institutions have received training about the provisions of the Convention and other relevant international instruments.

164. The majority of children who are given custodial sentences are sentenced to detention in a young offender institution. The remaining children will have been sentenced to long term detention and they are mostly held in child care establishments.

165. Young Offender Institutions are run by the Prison Service. Conditions in the Young Offender Institutions (YOI) are regularly monitored by Prison Service Area Managers on their visits to these establishments and also by the Boards of Visitors appointed to act as an independent body. Among their duties is the need to satisfy themselves as to the state of the YOI premises. In addition the independent lnspectorate of Prisons continues to carry out inspection of individual Prison Service establishments including YOIs, and to report to the Government on the treatment and conditions for young offenders.

166. All young offenders have the right to make a complaint under the formal complaints procedure. Such complaints are considered firstly by the Governor and then, if the offender is not satisfied, by the Area Managers (or the relevant departments) at Prison Service HQ. Young Offenders also have an unrestricted right to access to any outside body they wish to submit a complaint to and, in addition , a further development in the handling of formal complaints has been the appointment of a Prison Ombudsman this year.

167. Copies of a number of international instruments are available in YOI libraries. These include publications regarding the European Court of Human Rights, European Convention for the Prevention of Torture, European Prison Rules, United Nations Standard Minimum Rules for Prisoners, and the International Covenant on Economic, Social and Cultural Rights. Prison service staff are made aware of these legal instruments through training they receive and instructions issued to them.

168. The following tables show a breakdown of the 15-17 year old England and Wales prison population as on 30 June 1994.

MaleUntriedConvictedSentencedLong term detention
under Section 53 of
Children and Young
Persons Act, and custody for life for grave crimes		Total
Age 1535221019167
Age 161095921723408
Age 17293158335130916
Total4372396531621491

FemaleUntriedConvictedSentencedDetained under Section
53 of C & Y P act, and custody for life 		Total
Age 1500415
Age 160010111
Age 174411019
Total 4425235


169. Detention of a person in hospital, either for assessment or treatment, is properly and entirely a matter for the clinical judgement of the professionals concerned and people may only be detained if the strict criteria laid down in the Mental Health Act 1983 are met. Briefly, these are: firstly, that the patient must be suffering from a mental disorder as defined by the Act; secondly, the mental disorder must be of a nature or degree which makes admission to the hospital appropriate; thirdly, medical treatment must be necessary for the health or safety of the patient, or for the protection of other persons.

170. The power to admit a patient under the Act is clear and rightly rests with the professionals concerned, the doctors who must provide medical recommendations and the social worker who makes the application.

171. Under the Mental Health Act 1983 the age of the individual concerned is not relevant. The conditions governing the admission to hospital of children and young people are no different to other individuals providing that the above criteria are met. However, a person must have attained the age of 16 years to be received into guardianship under section 7 of the Act.

172. Children and young people in hospital (both as informal and detained patients) and their parents or guardians should have ready access to the existing complaints procedures which should be drawn to their attention on their admission to hospital. If patients detained under the Mental Health Act 1983 wish to complain about any aspect of their detention they should bring this to the attention of the hospital managers in the first instance. If they are not satisfied with their response they can ask the Mental Health Act Commission (MHAC) to investigate. The MHAC is a special health authority with members appointed by the Secretary of State to protect the interests of patients detained under the Act. The Commission has a broad remit to keep the operation of the Act under review, and it does so by visiting patients detained in hospital and mental nursing homes, interviewing them in private, and where necessary investigating complaints made by them on their behalf. It reports its findings back to the health authority, NHS trust, or social services department concerned and is obliged, under the Act, to publish a biennial report of its activities. People detained under the Act are advised of the MHAC's role on admission to hospital.

173. Statistical information on numbers of children in secure accommodation in Scotland is as follows:



Reason for Placement Age of Children at 31 March Length of Stay at 31 March
1992 1992


Statute No Age No Length of Stay No

Section 413(1) 1 0-11 0 0-3 mths 43
Section 205 (1) 3 12 1 3-6 mths 16
Section 206 (1) 10 13 9 6-12 mths 14
Section 44(1)B(2) 27 14 16
Place of Safety (2) 8 15 41 1-5 yrs 11
Commit to PI of S (2) 5 16 15
Authority of Director 18 17 2 5 + yrs 0
of Social Work
Other 12 18+ 0

- - -
Total 84 84 84



(1) Criminal Procedure (Scotland) Act 1975

(2) Social Work (Scotland) Act 1968

Standard of Accommodation

174. The Secretary of State for Scotland is required to approve all secure accommodation under the terms of the Secure Accommodation (Scotland) Regulations 1983 (as amended). Units are inspected on a 3 yearly inspection cycle by the Social Work Inspectorate and Her Majesty's Inspector of Schools. Secure accommodation is a child care resource - not penal - and therefore particular emphasis is given to the care, education and recreation facilities to ensure that the secure regime conforms to current child care philosophy.

175. Schools are required to produce a statement of their functions and objectives which should conform with current child care philosophy and pay due regard to the recommendations made following the inspection process. In order to ensure accommodation is developed along acceptable standards, the Department of Health periodically issues design guidelines which represent the minimum standards acceptable in any new building.

176. Against a background of significant changes in the past 10 years in terms of design standards, placement patterns and the need for education and recreation to provide positive influences on young people during their time in secure care, a review of secure accommodation in Scotland has been undertaken. Following that review, and as outlined in the White Paper "Scotland's Children', a programme of action will be prepared designed to develop secure care of high quality to meet future needs for security, care and education as effectively as possible.

177. In addition to this evolving strategy for secure accommodation are the introduction of 2 innovative community based development projects targeted at persistent young offenders. These are viewed as an alternative additional child care resource in catering for young people in trouble who commit a disproportionately large amount of crime. The aim is to divert young people aged 12 to 15 years from further crime and imprisonment by requiring them to face up to the consequences of their actions, including reparations to the community.

Complaints Procedures

178. The review of residential child care, "Another Kind of Home" published in 1992, made recommendations in relation to complaints procedures. These included the right of young people in residential care to be able to make a confidential complaint without the knowledge of the staff of the home. Parents of such young people should similarly be able to make a complaint in confidence.

Local Authority Secure Unit statistics

179. Information is collected by Department of Health on children held in Local Authority Secure Units. Tables summarising the statistics of numbers accommodated at 31 March in each of the years 1985-94 and numbers admitted during these years are attached at ANNEX C.

Northern Ireland

180. The average population in training schools during week ending 21 October 1994 was 205, made up as follows:

Care and Protection 95
Persistent Truancy 29
Offenders 43
Remandees 38

The Training Schools

181. There are 3 "open" and one secure training schools in the Province, each managed by a board with corporate identity. Young people are sent to the training schools by the courts either on committal or remand. The medium of the former is the 2-year Training School Order which may be made for 3 broad reasons, care and protection, delinquency and persistent truancy. The schools also perform a role as places of safety and a number of young people are transferred to them from the care of Health and Social Services Area Boards usually because of the difficulty presented in supervising the young people involved.

182. The conditions in training schools are monitored by the Social Services Inspectorate of the Department of Health and Social Services. The general expectation of the standards to underpin inspections are derived from legislation, regulations and guidance, and current professional understanding of what constitutes good social work practice.

183. There is a tried and tested procedure for investigating complaints of ill treatment with access to legal advice when appropriate. These procedures are kept under regular review and are presently being augmented by the phased introduction of an independent representative scheme to all the training schools.

184. The provisions of the Convention and other relevant instruments are distributed to all the training schools when they become available. While no specific training is given, the provisions of the Convention and other instruments are covered by those obtaining initial qualifications and all personnel are encouraged to keep themselves up to date with developments in policy and practice issues in child care and child protection.

Question 40
In view of the information contained in paragraphs 558-563 of the report, and in light of article 37(d) of the Convention, please provide further indications of the measures taken or envisaged to ensure that the child deprived of his or her liberty has prompt access to legal aid or other appropriate assistance, the right to challenge the legality of his or her deprivation of liberty before a court, and to a prompt decision thereupon.

185. An arrested juvenile must be given information by the custody officer of his rights which may be exercised at any stage during his period of detention. These rights include the right to consult privately with a solicitor and the fact that independent legal advice is available free of charge and the right to consult the Codes of Practice for the Detention, Treatment and Questioning of Persons by the Police.

186. The appropriate adult (an independent adult who must be present when a juvenile is interviewed) may exercise the right of a solicitor on behalf of the juvenile. But the juvenile may also exercise his right to legal advice straight away without waiting for an appropriate adult to arrive. A detained person who does not know the name of a solicitor must be told of the availability of the local duty solicitor scheme which provides 24 hour cover.

187. A juvenile has the right to challenge through the courts, the legality of his detention as does anyone else. Where a court decides that there is no legal justification for a person to be held then a writ of habeas corpus can be issued against the person who is enforcing the detention.
188. Children detained under Mental Health legislation have exactly the same rights as adults and these are explained to them on admission both verbally and in writing. The Department of Health produces information leaflets on all sections under which a patient can be detained. These include review by the Managers or an application to a Mental Health Review Tribunal (MHRT) for consideration of the need for continued detention.

189. Patients detained under certain sections of the Mental Health Act can ask the hospital managers to review the need for continued detention at any time. The patient's nearest relative can also ask for a patients discharge but this can be overruled if the doctor makes a report to the Managers, barring a nearest relatives discharge application.

190. Detained patients can make an application to an MHRT once during every period of detention. If a patient has not had a Tribunal for 3 years (1 year in the case of a patient under 16 years of age) the hospital Managers must refer his case to a Tribunal. The Mental Health Act Code of Practice states that it is particularly important where children and young people are detained under the Act that assistance is given to enable their legal representation at any Mental Health Review Tribunal. The MHRT is an independent body consisting of individuals who will all have considerable experience in the mental health field. The MHRT has the power to discharge a patient if continued detention in hospital is no longer necessary.

191. In Scotland the Secure Accommodation (Scotland) Regulations 1983 (as amended) require that any placement of a child in secure accommodation must be notified to the child's parent, and that the child and the parents are informed of their right to require that the child's case is brought before a children's hearing within a shorter period than the 7 days otherwise specified.

192. In Northern Ireland the Code of Practice under the Police and Criminal Evidence (NI) Order 1989 provides that if a child is detained at a police station the appropriate adult must be informed as soon as practicable about the detention and the child's whereabouts and the adult is asked to come to the police station to see the child. The child will also have access to legal advice and in the event of unlawful detention would be able to apply for a writ of habeas corpus.

Question 41
Concerning the implementation of article 40 para 2 of the Convention please provide clarification, in particular as to the offence for which juveniles may be presented before an adult court and the measures taken to ensure that the right of juveniles to have their privacy fully respected at all stages of the proceedings are respected (paragraphs 548-552 of the report).

193. In England and Wales, whatever the offence with which a child is charged he must be tried in a youth court unless one of the following circumstances applies:

a) If he is charged with homicide (ie murder or manslaughter) then he must be committed to the Crown Court for trial;

b) If he is aged 14 or older and charged with an offence for which an adult could be sentenced to a least 14 years imprisonment ( The Criminal Justice and Public Order Act 1994 will extend this to 10-13 year olds).

or
c) He is charged jointly with a person aged 18 or older and the court considers that it is in the interests of justice that they should both be committed to the Crown Court for trial.

d) He is charged jointly with a person aged 18 or older or the proceedings are in another way connected with those of an adult who is to be tried at the adult magistrates court.

194. In addition, a youth court may commit a juvenile aged 15-17 to the Crown Court for sentence where it considers that a sentence of more than 6 months detention in a young offender institution is appropriate. The Crown Court may order the offender to be sentenced to a maximum 12 months detention in a Young Offender Institution. (The Criminal Justice and Public Order Act 1994 will extend this to 2 years maximum sentence).

Privacy

195. Under Section 39 of the Children and Young Persons Act 1933, the court has the power to ban the identification of juveniles concerned in the proceedings in the Crown Court or the adult magistrates court, whether they appear as witnesses or as defendants. The ban on identification covers the newspapers and broadcast media. The ban means that not only the child, his address and school cannot be published, but also any particulars calculated to lead to identification. In the case of juveniles who appear in youth courts, this ban is automatic by virtue of section 49 of the Act and can only be lifted if it is considered to be in the best interests of the child. The Criminal Justice and Public Order Act 1994 includes a measure which once implemented, will give youth court a new discretionary power to dispense with this prohibition in cases where a juvenile who has been charged with a serious offence is unlawfully at large so that he can be apprehended and returned to custody or brought before the court.

196. In Scotland, under a direction issued to Chief Constables by the Lord Advocate in 1987, the following offences alleged to have been committed by children are reported to Procurators Fiscal.

a. common law offences, eg. treason, murder and rape; statutory offences, eg. contraventions of various sections of the Firearms Act 1968, the Road Traffic Act 1972 and the Sexual Offences (Scotland) Act 1976;

b. offences of culpable homicide, attempted murder, assault and robbery involving firearms, sodomy, attempted rape, incest and related offences;

c. other offences include various types of assault, arson, malicious mischief which causes, or may cause, great damage to property or danger to life and all Misuse of Drugs Act offences involving possession of Class A drugs and possession with intent to supply and supply of any controlled drugs;

d. offences alleged to have been committed by children aged 15 years or over which, in the event of conviction, oblige or permit a court to order disqualification from driving.

197. In Scotland, measures are taken to ensure the right of privacy is respected and are contained in the Criminal Procedure (Scotland) Act 1975, Section 169 and the Social Work (Scotland) Act 1968 Section 58.

Question 42
With regard to the implementation of article 40 para 3(a) of the Convention which invites States to establish a minimum age below which children shall be presumed not to have capacity to infringe the penal law, and in the light of the principle of the best interests of the child, please provide information on the measures adopted or envisaged by the Government to raise the age of criminal responsibility for all children in the United Kingdom.

198. There are no plans to raise the age of criminal responsibility in England and Wales which is set at 10 years old. As many children as possible are already diverted from the criminal justice system through the use of cautioning. For those children who do not take up the chance offered by a caution, the option of bringing the child before the court remains essential but the matter is kept under review. The Home Affairs Parliamentary Select Committee on Juvenile Offending which reported last year looked at the question of age of criminal responsibility and concluded that it should remain at age 10.

199. The minimum age of criminal responsibility in Scotland is 8, but no child under the age of 16 may be prosecuted except on the instructions of, or at the instance of, the Lord Advocate. In practice young offenders aged 8-16 are normally dealt with by children's hearings, with only the most serious cases being prosecuted.

Question 43
Please provide details about the Criminal Justice and Public Order Bill being considered by Parliament concerning the ways in which it will empower courts to place secure training orders on 12 to 14 year old children. Please provide further information generally about the proposed establishment of training centres.

200. In England and Wales, there is a small group of persistent juvenile offenders aged 12-14 who have not responded to the usual method for dealing with young offenders; that is diversion or community supervision. They offend over and over again, mainly involved in burglary and car theft. It is at this group that the new sentence of detention, Secure Training Order in the Criminal Justice and Public Order is aimed.

201. Courts will be empowered to impose a Secure Training Order when the 12--14 year old concerned:

202. Under the Order, which may last for a minimum of six months up to a maximum of two years, persistent offenders aged 12-14 will be:

· detained in secure accommodation for the first half of the sentence;

203. Five new Secure Training Centres will be established providing a total of 200 secure training places throughout England and Wales. Secure Training Centres will be provided under the terms of the Government's private finance initiative following a process of competitive tendering. It is intended to go out to tender as soon as practicable once outline planning permission is obtained for the development of a Secure Training Centre at the proposed sites.

204. Secure training orders on the English model are not deemed necessary in

Scottish circumstances. The size and concentration of the population in England is very different to the Scottish situation. In Scotland, there is a range of services for children in trouble including supervision at home, residential care, community based projects and, where necessary, secure care.

Question 44

Please provide further details of the juvenile justice system in Northern Ireland,
especially as regards the use of the training school order (paragraph 579 of the report).

Northern Ireland

Training Schools

205. The Children and Young Persons Act (Northern Ireland) 1968 is the principal statute governing the treatment of children (aged 10 - the age of criminal responsibility - and under 14) and young persons (aged 14 and under 17) in Northern Ireland.

206. The Act empowers the Northern Ireland Office to licence schools which provide education and training for young people sent to them in pursuance of its provisions. It also empowers the Northern Ireland Office to create Remand Homes or to make arrangements with other bodies for the provision of Remand Homes. The latter option applies in that each of the four Training Schools in Northern Ireland has been registered as a Remand Home.

207. Children admitted to Training Schools can be divided into two broad categories - care and justice. Care cases are kept physically separate from young off enders.

Care of Children

208. The numbers of children who go to a Training School directly from their parental home are relatively few. The majority have already had a long series of interventions either by way of supervision in the family, attending Child Guidance Clinics, family therapy or other types of residential care. These children have demonstrated that they are in need of care and protection because of disadvantaged backgrounds; being sexually abused within the family; engaging in serious solvent abuse; endangering their own lives or those of others or being so disruptive that they cannot be managed in a children's home. Some are drifting into anti-social behaviour and petty delinquency. In these circumstances the Health and Social Services Board in the child's home area seeks a Training School Order or a Place of Safety Order which results in the child being admitted to a Training School for a period of 5 weeks. If necessary this can be extended to a maximum of 10 weeks. This period is used to prepare a case for more formal action to be brought or, if the problem can be resolved, the child is returned to the community or to a Children's Home.

Young Offenders

209. Children that fall into this category can be subdivided between those on remand and those found guilty of an offence.

Remands

210. A child or young person between the age of 10-17 awaiting trial for an offence can be remanded by the court to a Training School (each of the 4 Training Schools is registered as a Remand Home). In general terms courts consider the seriousness of the offence, the frequency of the offending, the protection of the individual, the protection of society and any previous history of absconding from other institutions. The duration of stay on remand is highly variable and depends on factors such as the date of the next suitable court, the preparedness of the prosecution to proceed with the case, whether the child is jointly charged with an adult, or the availability of legal advisors.

Training School Orders

211. Training School Orders may be made for any of the following reasons -school non-attendance, committing offences or delinquent acts which, in the case of an adult, would be punishable by imprisonment. Children or young persons found guilty of crimes such as burglary, theft, motoring offences and breach of probation are usually sent to one of the three open Training Schools. If the crime was more serious such as possession of firearms or manslaughter they may, exceptionally, be sent to the secure establishment known as Lisnevin.

212. A Training School Order is effective for maximum of 2 years from the date of its imposition by the court or until the juvenile attains the age of 19 - whichever is the shorter. However, Training School managers may licence a young person back into the community at any time after the first 6 months of the Training School Order. It is desirable to do so as soon as possible to prevent the juvenile from becoming institutionalised. When a period of detention has expired Training School managers have an obligation to supervise the young person for a period of three years, or until he attains the age of 21, whichever is the earlier.

c. Children in situations of exploitation, including physical and psychological recovery and social reintegration

Question 45
Please indicate whether the Government plans to ratify the ILO Convention relating to children, particularly ILO Convention No. 138.

213. The decision not to ratify has not been because the Government does not fully support the general principle behind the Convention, but has simply been due to a technical problem. Indeed, the Government believes that standards in the UK are at least as high as those set out in the Convention, considering that compulsory education lasts until the approximate age of 16.
214. The main difficulty is that the Convention requires enforcement through the compulsory keeping of records by all employers of young workers. In the UK such a system is considered unnecessary, because of school attendance requirements.

215. Thus, although UK legislation provides equivalent or better protection, it is in a different way from that required by the Convention. Whilst these differences do not affect the protection given to children, they do make ratification of the Convention difficult. Ratification would require the introduction of legislation, which would impose further burdens on employers, to amend UK law to bring it into line with the Convention's provisions, but since there is no need to amend UK law to provide the protection which underlies the Convention, the Government sees no reason to change its position towards ratification of the Convention.

216. The UK has ratified 4 other ILO Conventions concerned with minimum age, namely Convention 5 (Minimum Age (Industry)), Convention 7 (Minimum Age (Sea)), Convention 10 (Minimum Age (Agriculture)) and Convention 15 (Minimum Age (Trimmers and Stokers)).

Question 46
What further programmes are being developed to tackle the growth of drug abuse amongst younger children?

217. The Government has issued a consultative document "Tackling Drugs Together". This was issued in October 1994 and comments are invited by 20 January 1995. The document majors on three areas. These are - youth; prevention of crime; and health issues. The document involves the Home Office, Health, Education, Customs and Excise Departments, etc. From the youth aspect the document emphasises the need for prevention and marks the intention to address this issue through drug prevention education in schools.

218. The Department for Education published for consultation on 8 November 1994 draft guidance on Drug Education and Schools, which also includes guidance on smoking and alcohol. The final version of the guidance will be issued in April 1995. In 1995-96 the Department for Education is providing further support by funding innovative drug education and prevention projects; training teachers with responsibility for drug education; the production of guidance on curricular approaches to the delivery of drug education and of a digest of teaching materials; and is arranging a series of regional conferences on drug education to be held in Spring 1995.

219. In Scotland a schools drugs education package is being developed for children which will focus on the educational needs of children in the under 10 age groups. There is already in existence a widely used schools drugs education package "Drugwise Too" for the 10-14 age group. The report of the Ministerial Drugs Task Force "Drugs in Scotland - Meeting the Challenge", which was published in October 1994, has recommended that schools develop a comprehensive drugs policy which should be drawn up in consultation with parents.

d. Children belonging to a minority or an indigenous group

Question 47
Has the Convention on the Rights of the Child been made available in the main minority language of the different areas forming the United Kingdom (paragraph 623)?

220. The leaflet produced for the general public on the Convention was also printed in Welsh for distribution in Wales.

221. All speakers of the main indigenous minority language in Scotland, Gaelic, are bilingual and also speak, read and write English. We therefore saw no reason to public the Convention in Gaelic as well as in English.

Question 48
What measures are being taken to ensure that Gypsy and Traveller families and their children are not evicted from caravan sites?

Toleration of unauthorised gypsy encampments

222. Government Guidance to local authorities makes it clear that whilst it must remain a matter for local authorities' discretion when it is appropriate to use their new power to remove unauthorised campers, the Government continues to believe that gypsies - that is, traditional and nomadic people - should be treated tolerantly. The circular advises that when gypsies camp unlawfully on council land, or indeed on land owned by Government Departments, they should not be evicted needlessly if it is possible to minimise the nuisance caused for a short period until they are ready to move on. It also advises local authorities to continue to identify emergency stopping places where gypsies can stay for short periods. The circular also reminds local authorities of their own and other authorities' and agencies' obligations towards families and children in the welfare, health, education and housing fields.

223. The existing network of public and private sites provides accommodation for nearly 10,000 caravans. The Government's policy is to encourage local authorities to retain their existing sites and to encourage gypsies to provide more sites for themselves. On top of this substantial level of authorised accommodation, the Government also advises local authorities that they should use their powers to evict gypsies from unauthorised sites in a humane and compassionate fashion, and with full regard to the other duties which are owed to the gypsy families. The UK Government has no quarrel with the travelling community. Those who aspire to economic independence, and who wish to follow a nomadic way of life for that purpose, should be free to do so. But at the same time, travellers must accept their own responsibilities, amongst which is the responsibility for pursuing their way of life without causing nuisance or injury to others.

Scotland
224. Caravan sites for travelling people in Scotland are provided, maintained and managed by district councils. It is for the district council's site managers to decide whether a family should be evicted from a site for whatever reason. In such circumstances, however, travellers would take their caravans, mobile homes etc with them and would not accordingly be homeless.

Northern Ireland

225. The Department of Environment operates a policy which prohibits the unnecessary harassment and eviction of Travellers encamped on Department land when there are no official sites available within the district council area. This policy has been commended to other Northern Ireland Departments and statutory authorities.

226. The Department encourages the strategic development of official serviced sites by District Councils (who may apply for 100% grant aid towards capital costs, including land acquisition) with the aims of providing an improved standard of living for Travellers and their children and reducing the number of illegal encampments.

227. In 1993, of 239 Traveller families, 162 had access to basic amenities (1 31 families on permanent sites, 31 on temporary sites). By 1996, nearly 200 families will be accommodated on official sites.

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Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland