News

The Children Bill heralded the news that England is to finally have a children's commissioner. But after reading the small print, many people's initial enthusiasm has turned to disappointment.

The post-holder's independence and remit will not be as strong or as wide as its three UK counterparts. For example, the England commissioner will be able to investigate individual cases only if directed to by the Department for Education and Skills. And they will have to report annually to parliament via the education secretary.

We talk to the existing UK commissioners and to a regional commissioner about their remit, powers and independence, and their views on the English proposal.

Northern Ireland - Nigel Williams

How long do you hold the post? For four years, with the possibility of a second term. I have been in post since October. 

Who appoints you? Under what legislation was a commissioner's post established? The first minister and deputy first minister, or the secretary of state for Northern Ireland during the suspension of the assembly and executive. The legislation was the Commissioner for Children and Young People (Northern Ireland) Order 2003. 

What is your annual budget? £1.9m for 2004-5. 

How independent are you? I am fully independent of government, and can initiate inquiries and investigations without reference to ministers. 

What is your remit and what are your powers? My key role is to safeguard and promote the rights and best interests of children and young people in Northern Ireland. I can investigate any public body with any involvement with children and tell them how they need to change to serve children better. If I am not happy with their response, I can challenge them and publish the findings. I can also review the law, policy and practice in relation to children. My investigative powers are the same as those of the High Court.  

What significant achievements have you had? My first act was to announce a major research project into how children fare in terms of their rights against the UN Convention on the Rights of the Child. It will be published this October. I recently announced the first formal use of my powers to advise ministers that Northern Ireland should review its child protection vetting arrangements after the Soham tragedy. My office will lead this review.  

Why do you think it is important for a country to have a children's commissioner? The simple answer is because the children and young people asked for one. Too many times we hear that children have not been listened to or, worse, have suffered because of the lack of co-ordination between the many agencies that have children's interests at heart. 

What do you think of the proposed model for England's children's commissioner? I welcome it in principle, but am concerned about the lack of independence to question government and other decision-makers who make policies that affect children and young people. How can we represent their interests and protect their rights if we cannot challenge government to make changes where change is the answer?

Wales -  Peter Clarke   

How long do you hold the post? For seven years and it is not renewable. I have been here for three years.  

Who appoints you? Under what legislation was a commissioner's post established? The National Assembly for Wales appointed me with the direct involvement of a panel of children aged 10-19. It was the first time in the world that a public official had been appointed at this level with the meaningful involvement of children. Children have also been involved in the appointments of my 23 staff. The post was set up under the Care Standards Act 2000. Then the Children's Commissioner for Wales Act 2001, which came in after I'd been here for six months, expanded the remit. 

What is your annual budget? When I started it was £750,000 and now it is £1.2m. About 70 per cent of expenditure goes on staff. 

How independent are you? Strongly independent. I provide an annual report to the assembly, but I don't report to anyone in the assembly.  

What is your remit and what are your powers? The overarching aim of the office is to promote and safeguard the rights and welfare of children in Wales. Powers are primarily to review services for children and to make recommendations to improve them and monitor their implementation. I can hold a public inquiry and I have the power to subpoena witnesses. I can require any statutory or non-statutory body that provides health or social care services to give me information. If people don't comply with my recommendations, after three months I can say what I like about it in the media. 

What significant achievements have you had? In my first report I highlighted child poverty, and the assembly has promised to create a strategy to tackle the problem. Children now have the right to appeal of their own volition against school exclusions.  

Why do you think it is important for a country to have a children's commissioner? It is vital, because children are relatively powerless. Part of my role is to represent what they are thinking, and another part is being a guardian of their rights. 

What do you think of the proposed model for England's commissioner? The post will have powers in Wales over non-devolved matters such as juvenile justice and benefits. It's confusing for children in Wales who will have to go to the Welsh commissioner for some things and the English commissioner for others. The overall model is the weakest I have seen. The person can't carry out formal reviews or investigations, and is limited by way of their independence and remit. It doesn't match the powers of my office, or those in Scotland or Northern Ireland.

Scotland  - Kathleen Marshall   

Takes up the post of commissioner for children and young people in Scotland on 26 April     

How long do you hold the post? For five years, with the possibility of one further five-year term. 

Who appoints you? Under what legislation was a commissioner's post established? I am appointed by the Queen on the nomination of the Scottish parliament. The post was established under the Commissioner for Children and Young People (Scotland) Act 2003. 

What is your annual budget? £1.5m for the first year (to include start-up costs) and £1.2m thereafter. 

How independent are you? I am not subject to the direction or control of any member of the parliament, the Scottish executive or the parliamentary corporation.  

What is your remit and what are your powers? My main remit is to promote and safeguard the rights of children and young people in Scotland. I must consult them on my work. I can decide upon and institute a formal investigation into how service providers take account of the rights, interests and views of children in making decisions or taking actions that affect them. I can compel witnesses to attend and produce documents. My report and recommendations must be submitted to parliament.  

What significant achievements do you want to have? I want to give children and young people the opportunity to make a positive contribution to our society. I plan to consult them about policy priorities on a two-year rolling basis. The first year will explore the identified issues, and we will look for ways to address them in the second year.  

Why do you think it is important for a country to have a children's commissioner? To make sure there is a strong voice that is apolitical and that can counter the negative publicity often spun out about young people. The commissioner is the guardian of the promise made to children and young people by the ratification of the UN Convention on the Rights of the Child. The commissioners in the four UK jurisdictions must hold the government, and the society that elected it, to this promise. 

What do you think of the proposed model for England's children's commissioner?  It is very weak. It lacks a rights focus and the investigatory power is subject to political control.

Regional - Ianthe Madagan   

Children's rights commissioner for Oxfordshire

How long do you hold the post? The post is open-ended. I've been in post for five years. Since late 2002 the post has been job-shared. 

Who appointed you? The post, and the Oxfordshire Children's Rights Development Team of which it forms a part, are a partnership between Save the Children and Oxfordshire Council. My post is funded by the council.  

What is your annual budget? The budget covers my post, a youth consultation and participation worker, an information worker, administrative support, rent and some activities. 

How independent are you? Being employed and line-managed by Save the Children gives me independence from county structures. 

What is your remit and what are your powers? My remit is to make a reality of children's rights in Oxfordshire. As I am plugged into county structures as an independent voice on behalf of children's rights, I sit by right on key strategic bodies. 

What significant achievements have you had? Developed the Oxfordshire children's rights checklist - a set of standards to use for implementing the UN Convention on the Rights of the Child. Children have been involved in planning the new children's hospital. 

Why do you think it is important for a country to have a children's commissioner? To ensure and monitor implementation of the UN Convention. Because children need a champion (with teeth) to ensure their rights are met. 

What do you think of the proposed model for England's children's commissioner? Too weak and not grounded in the UN Convention and a framework of children's rights.