Joint Committee On Human Rights

Joint Committee On Human Rights Written Evidence

5. Memorandum from the Children's Society

1. INTRODUCTION

1.1 As a national voluntary children's organisation, The Children's Society welcomes the Joint Committee's inquiry into the UN Committee on the Elimination of Racial Discrimination's concluding observations on the UK's compliance with the Convention on the Elimination of All Forms of Racial Discrimination. We agree with the Committee's observation about some of the positive changes that have taken place, including the Race Relations Amendment Act 2000. We also share the Committee's concerns about what more needs to be done and broadly support its recommendations.

1.2 Our submission focuses on paragraphs 13, 14, 18, 19, 23 & 24 of the Committee's Concluding Observations as they highlight discrimination faced by refugee children, black and minority ethnic children and Traveller children. Our submission is based on our practice, research and experience of working with these groups of children, young people and their families and includes their direct views and experiences obtained through various consultations and work with children and young people themselves.

1.3 The Children's Society is concerned about the welfare of all children and young people, and especially those who are at risk of exclusion from society as a result of racial discrimination, poverty, difficult personal and family circumstances or disability. The Children's Society works across England in around 80 projects. We have well developed practice in the fields of social inclusion, participation and anti-poverty work. We focus our work on young refugees, children and young people at risk on the streets, children and young people in trouble with the law, disabled children and young people.

1.4 All of our work is guided by the UN Convention on the Rights of the Child, which sets out the basic human rights that children everywhere—without discrimination should enjoy. One of the key principles underpinning our work is a child's right to be heard, as set out in Article 12 of the UN Convention, and for over a decade The Children's Society has been strongly committed to providing real and meaningful opportunities for children and young people to voice their concerns and offer solutions to the issues that affect them.

1.5 The Committee highlights the UK's position with regard to the non-inclusion of the full substance of the Convention in domestic law. This problem applies equally to the UN Convention on the Rights of the Child, to which the UK has entered specific reservations. We would urge the Government to ensure full incorporation of both Conventions into the UK law.

1.6 References to refugee children in this submission include both children and young people who have been through the asylum process and received a decision on their or their family's asylum application and those who are awaiting a determination.

2. THE CHILDREN'S SOCIETY'S COMMENTS

2.1 Paragraph 13: the Committee's Concern About the Increasing Racial Prejudice Against Ethnic Minorities, Asylum Seekers and Immigrants Reflected in the Media and the Reported Lack of Effectiveness of the Press Complaints Committee.

2.1.1 The Children's Society is concerned that the negative media portrayal of black and minority ethnic groups, people seeking asylum, immigrants and we would add, Travellers increases discrimination and prejudice. This is not just reflected in high level of prejudice against these groups. The recent study Understanding prejudice: attitudes towards minorities (2004)[77] showed that Traveller/Gypsy people top the list of groups against whom people express prejudice, followed closely by refugee/asylum seeking people. Below are some the quotes from children taken from Minority Report (2004)[78] produced by The Children's Society on the aspirations, visions and futures of Traveller young people in Dorset and Somerset and Dreams, Struggles and Survivors (2003)[79], The Children's Society's publication presenting messages from young refugees.

"I get bullied wherever I go just because I'm me, because I am different" (13 year old girl from a travelling family, Minority Report, (2004) 79)

"What have I done to get this abuse from people? You do not want to show your feelings because you worry they might get to you more. Lots of refugees don't tell people they are refugees because they get attacked" (Sophia, 15. Dreams Struggles and Survivors (2003) 80)

"Newspapers and politicians say we should go home. Do you think if our home was safe we would want to come here? No. We would be in our home. One day I hope to go home and build a place where homeless people can go" (Lindica, 14, Dreams, Struggles and Survivors(2003) 80)

The experience of young people that we work with is that service provision is shaped by racial prejudice and, when compounded with social exclusion, it has a huge impact on the emotional and physical wellbeing of children and young people. Prejudice and negative attitudes encountered on a daily basis makes children and young people and their families less trusting of service providers and thus less likely to report any incident of racial discrimination or to complain about the service that they are receiving.

2.1.2 The message from children and young people we work with is that there is a need to provide positive and trustworthy information about different cultures, traditions and beliefs directed at different age groups. The same recommendation is also made by ICAR (Information Centre about Asylum and Refugees in the UK). Their publication Media Image, Community Impact (April 2004)[80] shows that unbalanced and inaccurate images of refugees are frequent and powerful in the media. Taking into account that they do carry the potential to increase community tension one of ICAR's recommendations is that accurate, balanced and referenced information about asylum seekers and refugees should be made widely available, in a variety of formats.

2.1.3 Our consultation with children and young people on the Home Office's Strength in Diversity strategy, showed that young people also felt there was a lack of accurate and consistent information about other cultures in general and about refugees in particular. The conclusion was that availability of such information might improve racial relations.

2.2 PARAGRAPH 14: THE COMMITTEE'S CONCERNS ABOUT REPORTS OF ATTACKS AND ANTAGONISM TOWARDS ASYLUM SEEKERS

2.2.1 We support the Committee's recommendation that the UK adopt further measures and intensify its efforts to counter racial tensions generated through asylum issues. However, it is hard to see how this can be achieved in a political climate of increasing focus on asylum issues and the numerous and seemingly continuous reforms to the asylum system. A raft of legislation and policy changes have made things increasingly worse for children, young people and their families including:

— Section 36 of the Nationality, Immigration and Asylum Act 2004 provides for refugee children to be educated separately from other children.

— Refugee children are now detained with their families in circumstances other than immediately prior to removal and some children have been detained for longer than six months.

— Children are being increasingly subjected to accelerated immigration procedures, which offer them insufficient protection. Changes to the legal aid provisions and the asylum appeal process through the Asylum and Immigration (Treatment of Claimants etc . . .) Act 2004 increase the risk of a failure to detect a child's need for international protection from persecution.

— Section 9 of the 2004 Act provides for the complete withdrawal of support to families who at the end of the asylum process fail to take steps to leave the UK voluntarily—thus leaving families with no support and children at risk of being separated from their parents or carers.

Refugee children are children first and foremost should be supported to exercise all of their rights under the UN Convention on the Rights of the Child regardless of their status. We urge the Joint Committee to consider that in terms of public perception and children's experience of racial discrimination there is no clear distinction between asylum seekers and refugees. Unequal treatment of refugee children and their families in the law sends the message that discrimination towards them is officially sanctioned. As one young person said of the decision to provide segregated education to refugee children:

2.2.2 There is a contradiction in the Government's policies towards refugees and its commitment to eradicate social exclusion and combat discrimination and inequality. Refugee children and young people are not treated equally. Refugees still receive lower monetary support than people on Income Support. Unaccompanied refugee children are often placed, inappropriately, in unsupported accommodation and despite Department of Health guidance and the court case (R v Hillingdon ex p Behre) they are still often supported under section 17 of the Children Act instead of Section 20, which means that they get a lower level of care. Leaving care support also often remains patchy. (A Case for Change. How refugee children in England are missing out. (2002)[85]).

2.2.3 We noted with concern that in its new Integration matters strategy consultation on Refugee integration, the Government suggests that the benefits of the strategy will be bestowed only on those who have been granted refugee status and does not take into account that acquiring the status can be a lengthy process, particularly for children. Thus, integration into a society that first rejects asylum seekers and subsequently welcomes them as official refugees only compounds the pain and confusion of an already traumatic experience. The impact of this process on children both in families and unaccompanied, defined in the strategy as a most vulnerable group, cannot be overestimated.

It is our contention that within the current asylum system, a policy of integration that kicks in only once a determination is made is bound to fail. People seeking asylum are living side by side with their neighbours through the dispersal system, children are registered at schools and colleges, and families attend community and leisure facilities, for many months if not years before a determination are made. We would urge the Government to consider the impact on communities of an approach that can only reinforce exclusion.

2.2.4 Our projects identify discrimination against refugee children across a range of services:

— In accessing education, children are often being left out of mainstream schools for long periods of time and offered English classes (part time) instead.

"The school don't give you a place, then police stop you and accuse you of bunking school" (Meena, 17, Dreams, Struggles and Survivors (2003) 85)

"Life is better than before; but I didn't have school from the time I came here. I want to go to school." (Besnik, 15, Dreams, Struggles and Survivors (2003) 85)

— Discrimination in the form of exclusion from many specialist agencies (for example Victim Support), who do not have funds to support interpreters. In a great many agencies there is no budget or volunteer capacity for translation at all.

— GPs and other statutory services do not always benefit from the use of link-worker/interpreters (due to time and resource implications). As a result, they may not get a clear picture of young people's health problems.

— Discrimination in the number of hours of legal aid available to asylum seeking children, thus making their legal cases less likely to succeed.

"We couldn't speak English. They put us in a racist area where there were no black people—we got attacked but couldn't do anything about it. We took it for two years. Then one day we found a fire in the front garden of our house and windows had been smashed. They were shouting we don't want you in our road. We went to "housing" and got a better place but when there was no heat the landlord did nothing about it. Mum got ill and we were moved to a hotel on the other side of London. We were being moved further and further away, we couldn't go to school—we didn't even have transport money to get us there. They moved us again, but to a hotel were we had to share beds. After a year of this we moved back to the place we started in—they said to us you can stay here or take something outside London. Since January we have been living here." (Ettienne, 16 Dream, Struggles and Survivors (2003) 865)

2.2.5 We support the Committee's recommendation that the Government develop public education programmes and promote positive images of ethnic minorities, asylum seekers and immigrants as well as making the asylum process more equitable, efficient and unbiased. This is supported by the work of young refugees involved in the Dreams, Struggles and Survivors project. Their suggestions are summarised below.

Messages from young refugees[88]:

Teachers could:

— Make refugee children feel welcome, support young refugee and their parents.

— Link young refugee to support groups and set up support groups and mentoring schemes in schools.

— Promote positive images of refugees and educate all children about refugee issues and the contribution they make to the schools and society.

— Create more opportunities to let people know about refugee issues.

— Set up mentoring schemes and support groups.

Government could

— Make sure all refugees have a school place, not educate them separately.

— Explain things to refugee children and make systems as simple as possible.

— Make decisions about asylum claims quickly.

— Treat refugees with respect.

— Speak to refugees before making policies and Laws that affect them.

Newspapers and media could

— Stop lying and stop labelling refugees.

— Print more positive things.

"We need to enable wider society to see young refugees as young people—and as talented, resourceful, charming people. It's not numbers that get deported—it's human beans" (Patrick 18)

"I don't want sympathy—I want to be understood. I want people to look at me, face to face." (Florence, 13)

2.3 PARAGRAPH 18 ON HIGH INCIDENCE OF DEATHS IN CUSTODY OF MEMBERS OF ETHNIC OR RACIAL MINORITY GROUPS

2.3.1 We share the Committee's concerns about the high incidence of deaths in custody of members of ethnic or racial minority groups and would draw attention more broadly to the high numbers of children and young people in custody who are at risk. In 2003-04, 3,337 children were officially recognised as vulnerable and placed in prison service custody. Since 1990, 29 children have died in custody, and 24% report being assaulted while there.

The Children's Society is currently undertaking a three year research programme into the experiences of young black people in trouble with the law. The evidence so far highlights the overrepresentation of young black people in custody as a result of institutional racism compounded and multiplied at each stage of the youth justice system. In reviewing the work of our work with children and young people on remand, we (Moore & Peters, (2003)[89]) found that one quarter of all children on remand were black. Home Office statistics reinforce this and show that vastly disproportionate numbers of young black people are sentenced to custody when compared with the wider population.

Key messages:

1. BME young people were more likely to have remand decisions made about them (9.1 per cent black, 3.5 per cent Asian, 2.0 per cent mixed, 1.3 per cent other).

BME young people were less likely to receive unconditional bail (47.7 per cent black, 46.6 per cent mixed ethnicity compared to 55.8 per cent of Asian people and 57.7 per cent of white people).

3. BME young people were more likely to be remanded in custody (8.4 per cent black, 8.7 per cent mixed origin compared to 5.3 per cent Asian young people and 5.2 per cent white young people).

4. Disproportionate numbers of BME young people were convicted (6.5p er cent black compared to 2.9per cent Asian, 1.8 per cent mixed and 1.0 per cent other).

Source:

2.3.2. The first phase of The Children's Society's Just Justice research, "Playing the Game"—The Experiences of Young Black Men in Custody (2003)[90] involved qualitative research into the experiences of young black men and custody. Young men interviewed identified significant experiences of racism from prison officers including physical violence. They also did not have awareness of the existence of the Race Relations Officer or Race Relations Management Team and reported no confidence that any complaint they made would be dealt with.

"I was coming back from the library and saw a poster that had graffiti on it. It said: "I hate Niggers". I waited for weeks for someone to take that poster down. No one seemed to be bothered. We kept walking back and forth and pointing out what it said, and we kept asking why it was still there a month later. It was there because they either don't care or because they hate niggers too'. (Young offender, South, Wilson & Moore (2003) 89)

One of the Officers said to me: "You are a piece of shit. When I wipe my arse it looks like you". (Young offender, North, Wilson & Moore (2003) 89)

"The Race Relations Officer? What's that?" (Young offender, Midlands, Wilson & Moore (2003) 89)

2.4 PARAGRAPH 19 ABOUT A DISPROPORTIONATELY HIGH NUMBER OF "STOPS AND SEARCHES" CARRIED OUT BY THE POLICE AGAINST MEMBERS OF RACIAL MINORITIES.

2.4.1 The Children's Society shares the concerns about the high number of "stops and searches" carried out by the police against members of ethnic and racial communities, especially young people.

Research suggests that when all factors have been accounted for, being young, male and black increased a person's likelihood of being stopped (Clancy, A, and Hough, M, Aust, R and Kershaw, C(2002)[91]). Section 95 statistics[92] indicate that:

— black people were eight times more likely to be stopped and searched than white people; and Asian people were almost three times more likely to be stopped and searched than white people.

— black respondents were more likely to be subject to more than one stop during the year than other ethnic groups.

— Asian (11per cent) and black (13%) people were more likely to be arrested as a result of a stop-and-search under PACE than white people (7%).

In response to the Home Office consultation, Strength in Diversity, some young people we work with stated:[93]

2.4.2 BME young people's perception and experience of "stop and search" have a negative impact on young people, making them less trusting of police. A number of studies and reports (including MacPherson Inquiry Report, (1999)[97]) suggest that many incidents of racial harassment go unrecorded and unreported to the authorities, largely because many BME community members do not trust authorities. The Children's Society's Right Track project, was established in response to concerns raised by young members of Bristol about the unjust treatment they felt they were receiving from the criminal justice system. The project is now working with young black people who are in trouble with the police or who are at serious risk of being in trouble with the law. The feedback children and young people who use the project give is that the project is often the only place where they can get support and explanation about what is happening to them.

"It seems I have got a family to support me in the form of Right Track" (Salman, supported by the TCS Right Track project)

2.5 PARAGRAPH 23 ABOUT THE DISCRIMINATION FACED BY ROMA/GYPSIES AND TRAVELLERS

2.5.1 We share the Committee's concerns about discrimination against Roma/Gypsies/Travellers. The Children's Society has projects working with Ethnic Gypsy/Roma, Irish, and New Travellers. The Children's Society has been undertaking and facilitating research involving, and based on its work with, Ethnic Gypsy and Traveller children and young people, since this work began. The UK government has been criticised on its policies for Traveller children by the UN Committee on the Rights of the Child, which noted in its Concluding Observations (October 2002)[98]:

". . . unequal enjoyment of economic social, cultural, civil and political rights still exist, in particular for . . . Irish and Roma traveller's children . . ."

We highlight the need for Traveller children to be involved and consulted in the development of polices that will address their rights and needs. The children and young people with whom we work, and with whom we have carried out research, have repeatedly demonstrated their ability to identify what is of value to them in their way of life, and also the problems that must be tackled if the concerns of the UN Committee and others are to be addressed.

2.5.2 There is consensus, as evidenced by the information contained in the recent Office of the Deputy Prime Minister and Home Office consultations on Managing Unauthorised Camping (2003)[99] that there are insufficient authorised sites. Where there are authorised sites the needs of children for safety, security and healthy development have not underpinned the development of many over the last 30 years. Many of the authorised sites in this country have been in unsuitable locations, with few facilities and inadequate management. OFSTED noted in 2001 that sites currently provided are usually

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Lack of safe playspace for children is a major concern. Drains have also been a problem, as have electricity charges where these are at the higher rates levied for mobile homes or holiday caravan parks.

Not only the lack of authorised sites, but the unsuitability of these sites for children, are reasons why people are living on unauthorised sites. Unless these issues are addressed the situation of children could worsen: insufficient suitable authorised sites and the proposals for increased powers frequently to evict families from unauthorised sites flagged up in inter alia the consultations on Managing Unauthorised Camping. We are concerned at a risk of returning to a situation where children face frequent evictions. This may mean that they end up without a school place and without access to routine health care.

Our research and experience has shown that eviction and the lack of stable secure sites has a detrimental impact on the lives of children. We have worked with children who have experienced significant and ongoing distress and disturbances a result of police evictions and raids. They are unable to maintain school places and their access to health care is impaired. The Cornwall and Isles of Scilly Health Action Zone Evaluation Team in the University of Plymouth noted in their New Traveller Action Research Project: Evaluation Report (October 2002)[101], evaluating the work of our Cornwall Children's Participation Project with Traveller children:

". . . the effects of eviction on children in travelling communities are far-reaching. The process of eviction can place a child in a position where they potentially witness clashes between the authorities and their parents and can lead to adverse effects on education, health, both physical and mental and the child's sense of security and general well-being'

The Traveller Law Reform Coalition estimate that there are 3,500 Gypsy and Traveller caravans with no legal sites for them to stop. Children are familiar with the tension and insecurity of living under the treat of eviction as The Children's Society research shows.

"We don't really live here—we might get evicted" (Zak, aged three, Out of Site, Out of Mind (1994)[102])

2.5.3 Lack of legal places for Roma/Gypsy and Travellers to park their caravans means that children often miss on education. The Ofsted report The Education of Travelling Children (1996)[103] stated that:

"Access to the curriculum for secondary aged children remains a grave concern. There are possibly as many as 10,000 children at this stage who do not have access to education"

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2.5.4 We are also concerned that the health needs of Traveller children are unmet. The Committee has rightly stated that child mortality rate among Travellers is higher than for the rest of the population. A wide range of factors contribute to this situation, including the mobility of the community, poverty, poor environmental conditions, and lack of access to services. Higher infection rates have also been reported that are probably linked to poor sanitation, lack of water, and other site conditions. Studies of Traveller children have suggested that they experience high infant mortality and perinatal death rates as well as low birth weight and a high child accident rate (Feder G (1989)[105]). Many studies have shown that Travellers often live in extremely unhealthy conditions while at the same time using health services much less often than the rest of the population (Hawes DJ (1997)[106]).

2.5.5 Planning services for Traveller children is also difficult. A commons definition of a Gypsy or Traveller has not been established and Travellers have never been separately identified in the Census as a separate ethnic category; the Census remains the most important source of information for local service providers on the population groups for whom they are responsible. This group is also absent from other key data sources, such as the Labour Force Survey, the National Dwellings and Household Survey and the General Household Survey.

2.5.6 All of the factors above lead to the Traveller children being among the most deprived and discriminated against. They often get bullied in schools, encounter hostility from local residents and feel discrimination. Our practice and research show that there is a need for greater co-operation and co-ordination between service providers and improved funding to provide better services for Traveller children and their families.

2.5.7 We would like to highlight the distinct needs and challenges for Roma children and young people who come here from other countries, with or without their families, to seek asylum. The needs of this group of children and young people are little known and understood by professionals including the police, youth offending teams, travellers team, and health visitors. Young Roma are doubly discriminated against, firstly as asylum seekers and then as Gypsies. Our Youth at Risk project is often approached by professionals asking for information and input into awareness raising and training. The Roma community themselves tend to be self isolating, parents tend to protect their families by not encouraging integration and many professionals working with these young people feel that a holistic approach, including the whole family in inclusive events and educative courses would be enormously beneficial. However there is little provision or funding available at this time for this type of work and often help only becomes available when a young person becomes involved in the youth justice system. Much more can and needs to be done before this point is reached.

2.6 PARAGRAPH 24: THE COMMITTEE'S CONCERNS ABOUT OTHER MINORITY GROUPS' AND INDIVIDUALS' EXPERIENCES OF DISCRIMINATION

2.6.1 The lack of understanding of cultural needs of Asian young people has been highlighted by The Children's Society's Safe in the City project in Manchester which works with Asian children and young people who run away from home. Their work and research No One Asked Us Before (2002)[107] highlights that the lack of understanding among service providers of the complex and diverse cultural, religious and traditional factors of this group leaves children vulnerable to abuse and unprotected. For example, young people who are fleeing forced marriage arrangements have highlighted the "shame" they are said to bring to their family, and that they can be looked for, or "bounty hunted" to be returned to be punished. Service providers who are not aware of this dynamic can plan family reunions without consideration of whether it is safe for the young person to do so. We believe that services should be made more accessible and culturally sensitive for vulnerable and hard to reach children and young people from diverse backgrounds.

3. CONCLUSION

We hope that the views and recommendations provided in this response are informative to Committee's Inquiry. The Children's Society is keen to support the Committee's work in whatever ways we can. If any of the practice examples cited in this response are of interest to the we would be happy to provide further detail, or information or give oral evidence.

29 November 2004