Is England being short-changed?

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.