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A coalition of 13 major children’s charities have obtained legal advice that the Antisocial Behaviour Bill contains significant breaches of the Human Rights Act 1998 and the Children Act 1989.

Thursday 31 July 2003 12:28

A coalition of 13 major children’s charities have obtained legal advice that the Antisocial Behaviour Bill contains significant breaches of the Human Rights Act 1998 and the Children Act 1989.

The coalition says the controversial bill "appears to undermine (children, young people and their parents’) rights as established in both domestic and international legislation".

Legal opinion from Anthony Jennings QC lists four aspects of the bill which are believed to breach human rights legislation. These are:

  • The police power to disperse groups of two or more people.
  • The police power to return a child under 16 to their home.
  • The power of the criminal courts to impose compulsory fostering requirements on some convicted children.
  • The removal of reporting restrictions in respect of children who are the subject of antisocial behaviour orders.

In a joint statement, the charities also voiced serious concerns about lack of consultation on the measures in the bill before it was published. It also failed, they said, to establish a common definition of antisocial behaviour.

The signatories to the statement are: Barnardo’s, Children’s Rights Alliance for England, the Children’s Society, Family Service Units, National Association for the Care and Resettlement of Offenders, National Association for Youth Justice, National Children’s Bureau, NCH, NCVCCO, NSPCC, The National Youth Agency, Save the Children UK and YMCA.

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