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CHILDREN ACT 2004 |
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The Children BillThe Children Bill was published on 4th March 2004. Having read the Green Paper ‘Every Child Matters’ we thought we knew what to expect, but it surpassed our worst fears. There has been so little comment in the media about the sheer scale of the mandate sought by Government that here at ARCH we’re wondering how many people have actually read it!
The Bill is asking Parliament to sign a blank cheque giving this - and any future - Government the power to set up whatever database they want, and to do whatever they want with the information on it.
The Government intends to put the details of every child on to a database and allow every agency with which a family comes into contact to share information about that family. There does not need to be any suggestion that a child is at risk of harm. All children will have their own file on the database. That is bad enough in itself. But there’s more…
No family will know what information is being shared – or even that it is happening. Clause 8(7)(23(7) for Wales) of the Bill abolishes patient or client confidentiality, overturning Common Law to do so. That is a very serious step.
What kind of database? The Government has said that databases would be created at local level. BUT Clause 8(1)(or 23(1) for Wales) of the Bill allows the Secretary of State to establish any kind of system he chooses - even one central, national database – whenever he chooses.
Who can share information ? This is the list contained in Clause 6 of the Children Bill:
Ø Local Authority Ø District Council Ø Police Authority Ø Chief Officer of Police Ø Probation Service Ø Health Authority Ø Primary Care Trust – GPs, Health Visitors etc Ø Local Education Authority Ø Teachers and other school staff Ø The Learning and Skills Council – a public/private partnership Ø The Connexions Service – which includes the careers service and other private service providers Ø Anyone else the Secretary of State “arranges to provide, secure or participate in the provision of services”
In fact, so many different classes of people that it is impossible to identify just how many we are talking about. Clause 8(4)(23(4) Wales) leaves it to the Secretary of State to decide later who else should have access to a child’s file.
Where will the information be held? The Government has said that each agency would hold their own information and only share it if two or more agencies have ‘concerns’ about a child. BUT Clause 8(4)(23(4) Wales) allows the Secretary of State to include all the information on one database if he so chooses.
What information will be shared? Anything that gives ‘cause for concern’ to someone in the information-sharing network. Not just signs of abuse. The Government has suggested that poor SATs results or low birthweight would be a ‘cause for concern’. If a parent visited the doctor because they were depressed or wanted help to get their drinking under control, this could be entered on their child’s data file. Poverty is a risk factor. So is ‘Munchausen’s Syndrome by Proxy’!
If the Government does not intend to use these powers, why are they asking Parliament for them?
Ø ARCH believes that the Government’s proposals breach children’s rights under Article 8 of the European Convention on Human Rights, which gives each person the right to ‘respect for his private and family life’.
Ø They also breach Article 16 of the UN Convention on the Rights of the Child, which says that ‘no child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence’.
Ø If information about family members is shared, that is a breach of their Article 8 rights, too.
If these proposals become law, there will be no such thing as a private family life any longer. The very essence of the right to privacy will have been extinguished.
Does any of this matter when the Bill is about Child Protection?Is it? You might like to read a bit more about that here. If you’ve ever heard of a game called ‘Mornington Crescent’ then you’ll know that the idea is that as soon as someone can say ‘Mornington Crescent’ they have won the game. ‘Child Protection’ is rather like that at the moment. It is clever to use it as a means of introducing a different agenda because objectors risk hysterical accusations of not caring about children, of colluding with child-molesters – and worse.
ARCH members are all families. We are deeply concerned about children’s rights, and hold no brief whatsoever for those who assault their children. We believe that a properly funded and staffed child protection system is essential, but we do not believe that the Government’s proposals will help abused children.
Here are just some of the Government databases that have failed or had serious problems:
Ø Individual Learning Accounts
What happens to a child who is in danger if the child database fails?
Databases are only as accurate as the person keying in the information, and errors are inevitable. For example, in 2000 an audit of Metropolitan Police records held on the Police National Computer revealed that 85% of files contained errors, four-fifths of which were considered serious; some were libellous. {http://www.computerweekly.com/Article22806.htm} What happens when errors build up on the child database?
Computers can be hacked. They can be stolen. Those with access to information can use it corruptly or pass it on to others. Not all ‘professionals’ are trustworthy, and recently the Criminal Records Bureau admitted that its checks were limited. {http://news.bbc.co.uk/1/hi/uk/3480777.stm} On the same day that the Bill was published, Humberside's Chief Constable admitted that checks cannot be relied on {http://www.ypn.co.uk/ViewArticle2.aspx?SectionID=55&ArticleID=751580} Far from protecting vulnerable children, we believe that a child database will put all of our children at risk. What happens if the wrong person gains access to information about a child?
If children and parents know that every time they ask for help, they risk attracting unwanted attention and having their privacy invaded, it is likely that they will keep their problems to themselves until they simply cannot cope, rather than seeking advice at an early stage. What are the implications for child protection if parents are too scared to seek help for depression, stress-related drinking or domestic violence before their problems are critical?
What about a child who wants help with a drug problem, or a teenaged girl who fears she is pregnant? Are they more, or less, likely to confide in a GP or youth worker if they know their confidence might be broken?
If every trivial concern is flagged, there will be constant alerts on the system. How will children in urgent need of protection be noticed in a forest of flags about truancy and SATs results?
Caseloads will inevitably increase as unnecessary cases come to the attention of social services. We already have a huge shortage of social workers and teachers. How will they cope with the extra workload? It seems more than likely that they will become very dependent on the computer system. Who is responsible when the computer system breaks down?
Ultimately, a computer cannot go round to a house and help a child who is distressed or in danger. Only a human being can do that. Rather than wasting money on computer systems that are likely to make matters worse, all our available resources should be going towards solving the staffing crisis in social work: currently we are short of thousands of social workers. Our child protection system needs proper funding and staff, not ‘radical’ gestures.
So what is really going on?
We believe that ‘child protection’ is a cover story. This Bill is not about protecting children who are in danger. It is about supervising families and getting the Government’s ID card and e-government agenda through. We think it is a disgrace that they are using child protection as an excuse, and as a means of silencing criticism.
Well, we have a message for the Government.
You won’t scare us into silence. We are part of the huge majority of parents who take their own children very seriously, and care passionately about children who are abused.
We are horrified that you intend to put our children’s details on a vulnerable computer system, and that we won’t even know who has access to it. What would social services think of a parent who published their children’s names and addresses on the Internet? You are putting all our children in danger and increasing the problems of those children who are already at risk of harm.
Our children are precious, and we are angry that you are disregarding their safety simply because you want to know where they are and control what they are doing. A lot of other people would like to do that, too, and we think that a child database will become an online catalogue for paedophiles.
We are deeply insulted by your suggestions that parents don’t care about their children, and that unless we are watched, we will inevitably abuse and neglect them. We are appalled that nearly 3% of children are on the ‘at-risk’ register, but that means 97% of children are not. Most parents love their children and do a fantastic job, even in the face of poverty, inadequate services and bad housing.
Of course, we realised what contempt you had for parents when you branded the Connexions Service as ‘the best start in life for every young person’ and spent our money on an anti-parent advertising campaign. But we have had enough of being portrayed as feckless and incompetent, and we are far from stupid.
Our children are not parts on a national production line, and families don’t lend themselves to industrial processes. Our private, family lives are off-limits unless someone is assaulting their children or making their lives hell. And when that happens, we want to know that there is a fully resourced child protection system that investigates complaints properly. There was no shortage of complaints about Victoria Climbie. There is, however, a huge shortage of social workers.
Please spend our money wisely. Not on trying to control us or spy on us, but where it is really needed – in training and staffing our social services, and in giving families the support they actually need. If someone is struggling along the street, a reasonable person asks how they can help. That’s support. Picking someone up and bundling them down the road isn’t support. It’s assault. We would like you to start doing things for us, and not to us.
It seems to us that some wires have got crossed. Just to sort out any misunderstanding, parents are responsible for bringing their children up and keeping them safe; you are our public servants – not the other way around.
Finally, we would like to remind you of the preamble to the UN Convention on the Rights of the Child. Since the UK is signed up to it, you presumably agree that you are ‘convinced of the family as the fundamental unit of society’. Well, from where we are, it doesn’t feel like it.
Some Press Links: http://society.guardian.co.uk/children/story/0,1074,1072795,00.html http://society.guardian.co.uk/comment/story/0,7884,1038720,00.html http://society.guardian.co.uk/children/comment/0,1074,1094505,00.html http://www.computerweekly.com/Article126324.htm http://www.theregister.co.uk/content/6/32733.html
Responses to the Green Paperhttp://www.womeninlondon.org.uk/download/AIMS_Every_child_matters.rtf http://www.crights.org.uk/Word%20docs/GreenpaperDPbriefing.doc http://www.askatl.org.uk/news/press_releases/021103pn.htm#TOP#TOP
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