New law will back children

Saturday 30th October 2004, 12:00AM BST.

THE rights and responsibilities of young people are at the centre of the newly approved children’s law. Former Children Board president Deputy Jean Pritchard, who spearheaded the move to update legislation that had been in place since the 1930s, was delighted the States approved the wide-ranging act.

‘I wanted to make children’s lives better and deal with some of the anti-social problems in an effective manner,’ she said.

‘A major thrust of this was to take some of the hurt out of young peoples’ lives.’

NSPCC children’s services manager Mick Dunbar also welcomed the change.

‘It offers the opportunity to really think about children’s welfare in a much more community-focused way,’ he said. ‘It will strengthen families and support children.’

One of the most radical aspects will be the way young people in difficulty or at risk will be dealt with. Except in the most serious circumstances, youngsters will appear before a panel who will decide the best course of action.

‘It will be a very different approach,’ she said.

The hearing system is adapted from the Scottish one which has been in place for 30 years. The panel can include the child’s parents, teachers, advocates and specially trained people from all walks of life.

It will take into account the reasons why children get into trouble and look at the whole picture, not just the offence.

Mr Dunbar said children and young people were more likely to benefit, because the system actively involves them. Youngsters were also involved in the consultation process.

‘A lot of young people want to be involved and want to know why things are happening to them, particularly decisions that affect them.’

Both said that the hearing system was not a soft option and said it was more likely to work than the ‘short sharp shock’ method.

‘Facing up to your behaviour is not a soft option,’ said Mr Dunbar.

The rights of unmarried fathers in cases where parents have split were also addressed in the legislation.

The proposal sparked controversy because it acknowledged that mothers were more likely to be given custody because they normally undertake the bulk of care.

Health and Social Services said in its policy letter that it was important to maintain the status quo in the child’s life.

‘There was significant debate on this aspect, but what wasn’t said was we only had letters from two people about father’s rights, which puts it in perspective.’

Deputy Pritchard said it was important to recognise that mediation was an important part of the new process.

n Vale deputy Dave Jones will keep a careful eye on how the law is implemented.

He said he was extremely disappointed that the States did not approve the six additional principles contained in an amendment by Deputy Ron Le Moignan.

‘I fully understand that some of the amendment was more prescriptive than was ideal,’ he said.

‘However, I feel the debate that we had on that it was useful in bringing to light the plight of many fathers who find themselves distanced from their children by events that overtake them when a marriage fails.

‘I will be keeping a close eye on the courts in the next year or 18 months and monitor cases to try and ensure that the law does deliver fairness and equality to both partners while always remembering that the children are the most important issue.’


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