The Legal Powers and Duties of Local Authorities in Relation to the Protection of Children - Essay Example

?Topic of the Table of Contents Introduction …………………………………………………………………..3 Right to Education ……………………………………………….…………..7 Enjoyment of children's nationality and civil rights …………………………9 Establishment of Local Safeguarding Board ………………………………..10 Protect children from abuses ………………………………………………..12 Authorities, Laws and Enforcement …………………………………………15 Introduction The state and its constitution vested such right and power for government agencies and authorities to legislate, implement or enforce policies to protect civil rights, including the rights of the children to be protected from all forms of political or personal harms and to safeguard their interests. This paper will explicate the power of legal powers and duties of local authorities in relation to the rights of the children to be protected. Researcher will likewise consider if there are still necessary legal amendments that should be undertaken to ensure that there is adequate protection given to children. The British government has accorded local government such powers and functions that encompassed direct, representative and consultative functions. In Northern Ireland, the councils work on policy legislation which bestowed power for local authorities and added ceremonial function that enable councils to provide a wide range of public services in areas which covered recreation, environmental health, ecological protection, tourism, economic development, and social services. Local authorities are also exercising representative functions that allowed the council to nominate representatives as members of various statutory bodies to establish and administer regional services that cover matters on education, health and social services, drainage and fire protection.1 Their consultative functions, which mandate council to represent the views of their population, on regional services operated within the district. Such power includes the power to be involved in developmental planning and for conservation.2 Their authorities are defined by statutes and agreements made in the interest of their district’s constituents.3 As leaders, performing elective or appointive functions, they lead the members of the community in safeguarding and promoting the welfare and protection of children. As such, they lead and work with statutory organisations performing functions on child rights and protection through laws, such as the duties enshrined under Section 11 of the Children Act 2004, an act that provide the establishment of a commission that mandates local authorities to provide services, legal supports, and enforce all statutes for children protection and care4. The policy described such functions, to wit: An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children’s Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children5 (Chapter 31, Children Act 2004; Legislation.gov.uk, 2013). Under this policy, the general function of the Children’s Commissioner involved (a) promotion of awareness on children’s views and interests in England; (b) encourage local authorities to conduct activities that uphold children’s right to express their views and their interests; (c) conduct research and publicize the operation of complaints procedures for children’s welfare; (d) advise the Secretary of State about children’s views; ( e ) look into the physical, mental, emotional well-being of children; protect them from neglect and harm; ensure the delivery of education and trainings for children to uphold their social and economic well-being.6 The commissioner will also work to ensure that open communication are maintained in relating with children as well as consult them, as a sector, including those organizations working for child rights and protection.7 The commissioner is also tasked to conduct investigation on child cases, with prior and informed consent of the child and its family, and formulate necessary recommendations in accordance to policies and to the generally adopted principles stipulated under the United Nations Convention on the Rights of the Child or to the Convention on the Rights of the Child adopted in 1989 and ratified by the United Kingdom These broad functions are also exercised by the Children’s Commissioner Scotland and Ireland. Annual reports will be made and be submitted to the Secretary of State, including those services rendered to children with learning disabilities.8 Social workers working for children stipulated that the City of York Local Authority has a general duty under the Children Act 1989 and Children Act 2004 to safeguard and promote the welfare of children who are in need and, so far as it is consistent with that duty, to promote the upbringing of such children by their families.9 In addition, the Local Authority is obliged to ensure that Children in Need of Protection in its area are protected from significant harm.10 Social experts, dedicated on child rights and welfare, explicated that local authorities of these agencies have the primary responsibilities to provide services to adults should always consider the safety and welfare of any children in the household or any children (including unborn) who are in contact with those adults.11 They also provide training for the staffs to endure that appropriate delivery of services are afforded to safeguard the children’s well-being.12 As local authorities mandated to dispose their functions, they formulate policies and internal procedures or interagency protocols in accordance to laws.13 Their focused and long-term programs, based on strategic policy, clearly mentioned about safeguarding children.14 They exercise these functions with accountability while at the same time ascertain that staff and volunteers are also safe in delivering their functions to maintain accurate records on decision-making, as well as, exercise sensitive and effective inter-agency collaboration to safeguard and promote the interests of children—which may have come from variant race, culture, religion or linguistic background (as there are immigrants from different states in the country).15 Moreover, part of the power that local authorities must exercise is the provision and conduct of monitoring and evaluation to ensure effective enforcement of mandatory statutes for child protection.16 They must encourage pro-active participation of children and families in decision-makings for developmental services. The local government must also encourage whistle blowing procedures and enabling culture that sustain child protection activities (Yor-ok.org.uk, 2013, p. 1). Right to Education Part of the statutory power of local officials is to ensure that children will enjoy their right to education and ascertain that no discriminatory practices are employed in the enforcement of laws. It is of no consequence if racial prejudice would be evident in schools and if they need to seek legal representation from court to obtain admission to the public schools, in communities where they are residing. Authorities, in schools, should not deny the any student to enjoy their right to education on the basis of religion, race, or ideological differences.17 The country has long ago scrapped the laws requiring or permitting segregation on the basis of race or their secondary position in the society. Those policies on education have empirically deprived equal protection of laws and courts have already debunked the doctrine of "separate but equal” clause.18 Under that unjust doctrine, equality was perceived by authorities as treatments that have accorded races substantially equal facilities, even though these facilities are separate. Local authorities must adhere to the fact that segregated schools do not actually promote equality of protection and enjoyment of right to education. Like US, the British government are fully aware of the need to adhere to multiculturalism and respect to diversity; that notwithstanding differences of race and colours, the children are human beings whose rights must not be prejudiced. Discrimination and prejudicial treatment of children must not be promoted and it’s the role of local authorities to monitor and evaluate if the schools or institutions have standardized this principle as a practice. Equality of opportunities to access education, in elementary and secondary education, must be an institutional quality that are “incapable of objective measurement but which make for greatness in a law school.19” This is in fact also extolled in McLaurin v. Oklahoma State Regents, supra, which mandate schools to admit children coming from black race to a white graduate school and be treated equally as how other learners are treated under intangible considerations, including the capacities to study and engage pro-active discourse and interaction views with other students.20 The institution must not inculcate such academic environ that subject any children on a qualification that there race is inferior and put them in a psychological or emotional prejudices. Thus, a court ruling once stipulated, Segregation of white and coloured children in public schools has a detrimental effect upon the coloured children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system [Plessy v. Ferguson, 163 U. S. 537].21 We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws [Plessy v. Ferguson, 163 U. S. 537].22 The historic class actions and wide applicability of decisions may have vary from local conditions, including the formulation of recommendations and decrees as matters are presented in court in its complexity. But the generic application of the constitutional provision of the fundamental of human rights stands – that segregation is a denial of the equal protection of the laws [Plessy v. Ferguson, 163 U. S. 537]. Enjoyment of children’s nationality and civil rights Every child has the right to nationality, identity and the enjoyment of civil rights as a naturally born citizen or an immigrant of a country without regard to any differences of race, of colour, or of nationality.23 This constitutes a larger part of the power of the state to recognize the right of the child to enjoy protection of the state: …undoubtedly intended … that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights; that all persons should be equally entitled to pursue their happiness and acquire and enjoy property; that they should have like access to the courts of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts; that no impediment should be interposed to the pursuits of any one, except as applied to the same pursuits by others under like circumstances; that no greater burdens should be laid upon one than are laid upon others in the same calling and condition [Yick Wo v. Hopkins, 118 US 356].24 Local authorities, in the performance of their duties, should appreciate the application of laws to accord every child the enjoyment of his sovereignty as a person with nationality; imbued with the civil rights that the state and its authorities are duty bound to protect. Hence, the child must be accorded respect to enjoy his/her fundamental rights to life, liberty, and the pursuit of happiness, and be secured by the maxims of constitutional law –-- the monumental foundation of national human resource toward progress and security and such blessings for civilization to enjoy life to the utmost under the reign of justice, freedom and equal protection. Establishment of Local Safeguarding Children Board In the interest of children’s protection, authorities of England established the Local Safeguarding Children Board per area composed of county council, chief officer of police for a police are, local probation board, and the secretary of state in relation to his functions under sections 2 and 3 of the Offender Management Act 2007 of England.25 These authorities functions to deal with youth offenders. They will also delve on matters pertaining to the establishment or development of Strategic Health Authority and a Primary Care Trust for all areas in partnership with the NHS trust and NHS foundation trust. As earlier deliberated, the council will also provide services in accordance to section 68 of the Education and Skills Act 2008.26 Moreover, the council or local authorities, is also tasked at establishing the Children and Family Court Advisory and Support Service; encourage the governor of institutionalizing any secure training centre in the area; and work with the governor of any prison for the interest of children declared by competent authorities as juvenile delinquents or are detained for some criminal or civil offense in their community.27 The law further mandate the local authority of England to take ‘reasonable steps to ensure that the Local Safeguarding Children Board is established (in specific areas) and be made functional with proper representations required by law and as prescribed by the Secretary of State. Authorities delegated with authority in this board must work in cooperation and collaboration with the rest of the stakeholders and board partners.28 In the institutionalization of this board, authorities must completely understand the nature and the theory of their respective governance, including the principles upon which they are supposed to function.29 They must be imbued with complete knowledge on the historical cause of their development and should be legally constrained to conclude that they are duly delegated to purely exercise personal and arbitrary power over these children.30 While sovereignty resides in them as exercising authority, they are subject to laws, administrative system, and accountability to whom and for whom they are mandated to exist and work for. The laws surrounding the circumstances of the creation of the council and of the board define and limit their power. They maybe authorities mandated to make decisions on specific cases affecting children and hence, purely administrative and political, but in case of dissatisfaction of children and their parents to some decisions, the ultimate tribunal may have the jurisdiction to make public judgment as may be necessary based on appeal. The law further require that the strategic intervention plans of the council and of the board must be published for public scrutiny and for able bodies to determine how these interventions be considered as effective and helpful for children’s wellbeing. The strategic intervention must also be evaluated and monitored in the course of its implementation to ascertain transparency and for the public or higher authorities to measure the council and board’s accomplishment. This is also affirmed in the stipulation of Joint Area Reviews where delegated evaluators are mandated to assess the children’s service.31 On matters pertaining to the administration and care for young juveniles, this researcher perceived that authorities must segregate the children or adolescents from adults adjudged as criminals to ensure that they will not be able to acquire lifelong criminal behaviours whilst undertaking reformation and rehabilitation. Horowitz, Sung, and Foster (2006) pointed that empirical information on the prevalence of drug addiction among juvenile offenders proved that while treatment were provided under correctional supervision and while benefiting counselling to improve behavioural pattern, there remains a possibility among them to become recidivists if they are reintegrated back to their families and community without proper monitoring from authorities and in the absence of support mechanism that can facilitate genuine behavioural changes.32 The possibility is high if they are integrated in a reformation facility where adult criminals are abound. Some studied also pointed that juveniles that were arrested in the past are likely to use different kinds of drugs than those juveniles that aren’t yet arrested because they are either from families with hostile family situations, or are settling in economically-challenged community with dangerous neighbours; or is dependent on alcoholism and drugs as coping mechanism for academic maladjustment; or is undergoing depression; or is enjoined and influenced by friends and peers; or, lacks moral motivation or sense of religiosity in the absence of parental or religious leaders’ counsel.33 Research also bare that juvenile offenders are involved in substance abuse are likely to be re-incarcerated and be involved in more crimes as they become adults. It is therefore important for the department of justice and for police authorities to exercise such cautionary measures by providing a segregated reformation center for children or youths declared as juvenile delinquents by court. Collaborative support from the departments of education, health, and the rest of stakeholders of children’s rights are essential. Protect children from abuses Local authorities are likewise mandated by Children Act 1989 to investigate and find reasonable cause of child abuse as well as to provide “services for children in need, their families and others.”34 Under Section 31 of the same law, that authorized NSPCC to apply directly for a court order for a child that is suffering physical and emotional harm.35 The latter is defined as ill-treatment which is inclusive of sexual abuse and impairment of physical, emotional, social, behavioural and psychological health development. The officers of the court are also duty bound to determine and decide what constitutes “significant harm” by examining the empirical facts and information of the case.36 A framework for assessment for children in need is established for this task as non-statutory guidance for systematic approach of identifying children in need and ascertaining the best way of helping those children and their families. 37 The government has likewise provided the necessary outline on what to undertake and the protection processes in case the child is abused under the Working Together and Framework for Assessment; Safeguarding Children: Working Together Under the Children Act 2004 for Children in Wales (Welsh Assembly Government, 2006); The Children Order 1995 in Northern Ireland; and the Children Act 1995 in Scotland, and the National Guidance for Child Protection in Scotland. All of these guidelines share common principles and have their own guidance for cooperation and collaboration.38 Legal luminaries have been settled that there are inherent dangers too in publicizing, showing and distributing categorically obscene materials, videos, and books that has an appeal to prurient interests.39 The State has formulated statutes designed at regulating obscene materials for adults only40 and to confine the permissible scope under regulation to limit sexual conduct and under the definition of applicable state law. Policies have been upheld to accord judicial sanction to offenses that has appeal to the prurient interest in sex and which portray sexual conduct in a patently offensive way—bereft of academic, literary, artistic, political, or scientific value. Authorities should value that the fundamental guidelines for the trier of fact where acts are measured: …whether the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest; (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. We do not adopt as a constitutional standard the "utterly without redeeming social value" test.41 Authorities, Laws and enforcement Whilst local authorities are vested with mandatory duty to investigate if they are informed that a child may be at risk, UK is yet to develop specific mandatory child abuse reporting laws to compel authorities and professional to report to authorities any person who are potentially causing abuses to children. Northern Ireland has already made it a criminal offense for persons who neglect and by omission of duty, failed to report to police officers any crime or abuses done to children.42 Some legislated laws that provide duties for local government authorities for child protection are The Sex Offenders Act 1997, Sexual Offences Act 2003 which also covers concerns on trafficking, and Sex Offenders Act 1997 that strengthen the monitoring of sex offenders.43 The latter is also replicated in Scotland as Sexual Offences Act 2009 and the Sexual Offences Order 2008 in Northern Ireland.44 Added to these are laws on Female Genital Mutilation Act 2003 that criminalize female genitalia mutilation in UK and the Domestic Violence, Crime and Victims Act 2004 that protects a child from manslaughter and against similar vulnerabilities.45 Consolidated list of offences are already identified by agencies in determining a person considered as risk and potential risk to children.46 This bolstered the policy on Serious Organised Crime and Police Act 2005 that provided the framework for the establishment of UK-wide Child Exploitation and Online Protection (CEOP) Centre and for the creation of vetting system to stop adults considered as risk for children.47 Authorities however wanted to expand and deepen the SOCA policy in June 2011 by planning to establish a National Crime Agency (NCA) in 2013.48 Safeguarding Vulnerable Groups Act 2006 was legislated as a policy which established a new centralised vetting and barring approach for persons working with children after that 2002 murder of ten-year-old Jessica Chapman and Holly Wells.49 Authorities likewise reviewed this scheme as the Protection of Freedoms Act was passed on 1 May 2012 for vulnerable groups (NSPCC, 2012). The law on Safeguarding Vulnerable Groups Act 2006 is applied only in England and Wales while the Safeguarding Vulnerable Groups Order 2007 is applied in Northern Ireland (NSPCC, 2012). Scotland adopted the Protection of Vulnerable Groups (Scotland) Act 2007 covers Scotland. The court further supported these schemes with the legislation of Forced Marriage Act (Civil Protection) 2007 which provided the victim or potential victim against forced marriage and helps them removed from that circumstance.50 The Criminal Justice and Immigration Act 2008 likewise allows the state to prosecute in the UK those people who have committed sex offenses against children outside the country notwithstanding the fact that the crime could have been considered not illegal in the foreign country where sex assaults to children was done.51 Buchanan (2013) however criticized that Britain needs to reinvigorate the state’s effort to improve its anti-trafficking policy and enforcement as significant number of trafficking cases has been observed. Figures of trafficking for slavery, though have scale up to an alarming rate, has not been categorized the percentile of victims involving children and youth. Buchanan (2013) noted that the Centre for Social Justice pointed that the problem in UK is about low priority for police enforcement albeit reports from UK Human Trafficking Center in 2012 that there are already 1,200 people that are held victim of human trafficking.52 Reports in 2011 mentioned that most of those victims are girls.53 On a positive light, the British government has also ratified international laws, covenant and conventions which mandate local authorities to be steadfast in the implementation of the child protection laws. It also held the state accountable to United Nations and to the European Union to enforce these edicts, policies and rules to improve children’s welfare. Laws have indeed been truly helpful in criminalizing offenses and in protecting the children from abuses as well as in the enjoyment of their fundamental rights as citizens. To appreciate some acts of the state, cases has been resolved in favour of the child’s welfare, the following has been considered as examples of the continuing effort of authorities to save the children from worsening vulnerabilities: a. R v Gibbins & Proctor (1918) 13 Cr App R 134, CCA – where a child was starved to death by the convicts.54 b. R v Derriviore (1969) 53 Cr App Rep 637, CA-- where a child was physically harmed and severely assaulted55 c. R v Mackie (1973) 57 Cr App R 453, CA—where a child fell downstairs, dislocated his neck, and died after being threatened by a step-father.56 d. R v Harris & Harris (1993) unreported- where a daughter was manslaughtered by her parents57 e. A v United Kingdom [1998] 2 FLR 959, Times 1/10/98, ECHR—where a father badly caned his 8-year old step-son58 Indeed, local authorities are duty bound to exercise their powers accorded to them by laws if empirical assessment proved that the children are in need of intervention, are neglected and abused, and are needing protection from their very parents’ harmful behaviours. Local authorities must provide suitable accommodation to sue abusers, put them behind bar, and help children to be reintegrating in a normal environment where they could experience genuine love and protection. They should be able to enjoy their fundamental rights of education and enjoy the fortitude of a decent life as a human being. Each child should experience responsible parenting, social support, and such freedom from harm or vulnerabilities while living in their respective community. Local authorities must realize that the protection of children is basically protecting the future human resources of the country where hope is pinned on them for a better world to live. Through international conventions and national policies, local authorities must enforce laws and enabling policies to ascertain that a child can enjoy his nationality, his identity, experience love from parents, enjoy supports from government, find leisure in life, and be protected by agencies and court to preserve his right to life, liberty and his civil rights. Authorities must pro-actively collaborate with community-based child rights advocates and social workers who are working with the vulnerable sectors to afford the necessary protection and intervention when they are helplessly confronted with the demons or the odd perils of their lives. For the law mandates, Every local authority shall provide accommodation for any child within their area who appears to them to require accommodation as a result of (a) there being no person with parental responsibility for him, or (b) his being lost or having been abandoned, or (c) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care. 59   Bibliography Buchanan, M. (2013). UK anti-trafficking efforts need overhaul , report says, UK: BBC News, p. 1. HM Government (2006). What to do if you're worried a child is being abused. London: Department for Education and Skills (DfES). https://www.education.gov.uk/publications/eOrderingDownload/6840-DfES-IFChildAbuse.pdf HM Government (2010). Working together to safeguard children: a guide to inter-agency working to safeguard and promote the welfare of children. London: Department for Children Schools and Families (DCSF). http://publications.dcsf.gov.uk/eOrderingDownload/00305-2010DOM-EN.PDF Home Office (2005). Guidance on offences against children. Home Office Circular 16/2005. London: Home Office. http://www.homeoffice.gov.uk/about-us/corporate-publications-strategy/home-officecirculars/circulars-2005/016-2005/ Horowitz, H., Sung, H.E., & Foster, S.E. (2006). Role of Substance Abuse. Juvenile Justice Systems and Populations. Journal of Corrections Compendium,  Volume:31  Issue:1, pp. 1-4,24 to 26. 4Lscb.org.uk (2013), Legislation, UK: Isle of Wight LCSB, p. 1, Retrieved: http://www.4lscb.org.uk/isleofwight/legislation_and_guidance/legislationandguidance.aspx Laweteacher.net, (2013). Children and Local Authorities, St. Brendant’s Sixth form College, Law Teacher: The Law Essay Pro, p. 1 Laming, L. (2003) The Victoria Climbie inquiry: report of an inquiry by Lord Laming Cm 5730. Norwich: The Stationery Office (TSO). http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_110711.pdf Legislation.gov.uk, (2013), Children Act 2004, UK, p. 1-5. Retrieved: http://www.legislation.gov.uk/ukpga/2004/31/introduction NSPCC (2012). An introduction to child protection legislation in the UK, UK: NSPCC Inform, pp. 1-8. Yor-ok.org.uk (2013), Agency Roles and Responsibilities, UK: City of York, p. 1 Read More