Manifesto

Children Law UK was formed in 1974 and merged with The Adolescent and Children's Trust in 2007. It is affiliated to the International Association of Youth and Family Judges and Magistrates, which holds consultative status to the United Nations.

Justice for Children¹

Children are in Need, Children who are at Risk

1.      The Child is a Whole Person

It is our intention to ensure that within all legal proceedings relating to a child these proceedings will treat the child holistically. England and Wales currently separate children who offend from those in need of care and protection of the family proceedings court by sending them to the Youth court.

All children, those troubled and the troublesome (children that offend) should be brought under the same jurisdiction as is the case in many countries in Europe.

Our system should be based on the best interests of the child, not by notions of punishment. Disposals in the youth court may not make any attempt to address crucial welfare needs and do not, therefore, prevent further offending. Families are dispersed; drug and alcohol abuse is a common factor in cases in both the youth and the family courts, poverty is a major problem for many. Despite greatly increased means of communication children, parents and families, and to some extent whole sectors of the community, are isolated, more now than ever before. All these issues are major factors which have an impact of the welfare of the child and which need to be addressed in any proceeding regarding the child prior to addressing the offence itself. Children Law UK acknowledges that children can commit serious offences. The cause of these offences needs to be addressed before punishment.

2.      The Child has a Vision

In all legal proceedings relating to a child, the child has a right to a realistic opportunity to state their views.

Article 12 of the UN Convention of the Rights of the Child refers to children's rights to express their own opinions, either personally or through a representative and have them taken into account in any judicial or administrative proceedings that affect them. A child should be given effective support to state their views. In order to achieve this and to ensure participation of children in the court and throughout the legal systems an advocate must be made available for all children in all circumstances. It is also imperative that practitioners and decision makers effectively engage with their clients (the children) and are trained and supported to follow the unified and holistic approach outlined above.

3.      A Child's Voice is Heard

Professionals working with children, judges, magistrates, lawyers, social workers and youth justice workers should effectively engage with the child. Practitioners and decision makers should be specially trained to enable them to really understand what the child is saying and to ensure that this perspective is conveyed to all who make decisions about the child.

Combined venues within the two jurisdictions, including ‘Criminal' and welfare should be created. These venues are to be child friendly, enabling the essential effective engagements with the child.

4.      The Child is treated as a Child

The age of criminal responsibility should be raised to at least 14. Currently the UK has one of the lowest ages of criminal responsibility in Europe. The UN Committee on the Rights of the Child has recommended that the United Kingdom raise the minimum age of criminal responsibility.

A higher age of criminal responsibility will enable needs based interventions and bring an appropriate preventative approach to address problems. Children in need and those at risk are a largely neglected group, so when they do get involved in minor criminal acts and anti social behaviour these problems are dealt with via the criminal justice route. Their welfare needs are often not addressed or even considered and raising the criminal age of responsibility will ensure that these children receive appropriate child welfare services to prevent further misbehaviour.

¹Children Law UK adopts all the articles in the UN Convention on the Rights of the Child and the definitions therein.