Niacro

MARCH 2007

NIACRO’S RESPONSE TO THE PROPOSALS FOR THE JUVENILE JUSTICE CENTRE (NI) RULES 2007 AND THE JUVENILE JUSTICE CENTRE ORDER (SUPERVISION) RULES (NI) 2007

INTRODUCTION

1.1       NIACRO, the Northern Ireland Association for the Care and Resettlement of Offenders, is a voluntary organisation, working for 35 years to reduce crime and its impact on people and communities.  NIACRO provides services under the headings of: working in communities; working with children and young people who offend; working with offenders and ex-prisoners; working with prisoners, their families and children; influencing policy and practice; and applying resources effectively.

1.2NIACRO’s Vision is to be acknowledged as making a unique contribution to the development of a society in which the rights of everyone, including offenders, are equally respected.

1.3NIACRO’s Mission Statement is “working to reduce crime and its impact on people and communities.

1.4NIACRO services work with some of the most disadvantaged and socially excluded children and their families through Mentoring, Independent Representation and Advocacy, Independent Visitor Schemes, Child and Parent Support, Family Links, APAC, Base 2, Youth Employability, Reach Out and Jobtrack.

1.5NIACRO welcomes the opportunity to comment on the Proposals for the Juvenile Justice Centre (Northern Ireland) Rules 2007 and the Juvenile Justice Centre Order (Supervision) Rules (Northern Ireland) 2007.

STATEMENT OF AIMS

2.1NIACRO are concerned that the best interests of the child are not mentioned in the preamble to the legislation or indeed within the aims of the JJC and therefore the legislation does not fit with the UNCRC who have raised this issue a number of times with the UK Government.

2.2NIACRO recommends that the word “caring” is inserted into 1(a) as this sets the tone for the legislation overall and the policies and procedures that flow from the legislation.

2.3Indeed, 2 (a) states that children shall be held in a safe, secure and caring environment and this should flow directly from the same statement in 1(a) above.

2.4NIACRO are pleased to see the inclusion of specific reference to children and families being treated fairly and that they will be encouraged and enabled to contribute to decisions which affect them. 

2.5NIACRO are pleased to see that the partnership working with statutory and voluntary agencies is specifically included in the aims and believe this is an important step forward in ensuring that the integral role of the voluntary sector in supporting children and families in the centre and as part of reintegration planning is fully acknowledged.

INFORMATION TO CHILDREN

3.1NIACRO welcome the specific reference to independent representatives in 11(c).  We would suggest that independent advocate should also be referenced here in line with the recommendations of the recent inspection and Her Majesty’s Inspectorate of Prisons “Juvenile Expectations: Criteria for assessing the conditions for and treatment of children and young people in custody”.

3.2NIACRO are concerned that the Rules do not specify that children who are not fluent in English will have by right access to an interpreter as they need one.  It is impossible to expect a child who does not speak English to understand the rules of the centre or to participate in education etc., if they do not have access to an interpreter for at least the main part of the day.

3.3We would expect that the policies and procedures coming from the Rules will be a great deal more specific about how children who do not speak English as a first language will have all their needs met.

INFORMATION TO PARENTS

4.1NIACRO welcome the specific reference to timely and relevant information being provided to parents but feel that this section of the Rules could be strengthened to include reference to reintegration planning, assessments and critical incidents regarding the child’s welfare while in custody.

MENTAL HEALTH AND OTHER CONDITIONS

5.1NIACRO would recommend the inclusion of a stipulation under 30 (3) that the Director will inform the parents/ carers of a child.

FAMILY AND OTHER RELATIONSHIPS

6.1NIACRO welcomes the emphasis on maintaining relationships between a child and their family and with agencies external to the centre.

6.2We are pleased to see the specific reference to visits but regret that the new centre did not include a visitor’s centre or facilities for visits which are more appropriate for adolescents, parents and younger siblings.

6.3We believe the inclusion under 37 (2) Visits of a statement to promote and support the reintegration of a child into their family and community would further underline the importance of visits in maintaining and rebuilding family relationships.

6.4NIACRO believe the inclusion of 42 (3) is an important safeguard for children in custody and is rightly placed within a legislative framework.

LEARNING AND DEVELOPMENT

7.1NIACRO welcome the emphasis in the Rules on the education, training and employment support for children in the Centre and the emphasis on ensuring links to the reintegration plans for children.  We are particularly pleased to see 44(6) included.

7.246(1) We are pleased to see the specific reference to consultation with statutory and voluntary agencies as part of reintegration planning.

SECURITY AND SAFETY

8.1NIACRO suggest that all children subject to physical restraint and/or single separation should have access to an independent advocate as soon as possible after the incident and that it would be useful to enshrine this in the legislation.

MANAGEMENT AND STAFFING

9.1NIACRO would welcome here the inclusion of a “promoting a caring environment and mutual respect” as part of encouraging good order and discipline as this would flow directly from the Aims above.

9.2We would suggest that caring also be added in to 64(3) under the responsibilities of the director.

THE JJCO (SUPERVISION) RULES (NI) 2007-02-28

10.1NIACRO reiterate the points made above that the best interests of the child should be included in the Statement of Purpose and “with due regard to the care of the child” should be inserted into 2 (1).

10.2It would be helpful if the wording used in the JJC Rules 2007 as regards the partnership with other statutory and voluntary agencies was also used in this legislation at 4. (4) to ensure consistency and to encourage the ethos of partnership working enshrined in the JJC Rules 2007. 

10.3Again the inclusion of access to an independent advocate is an important safeguard for children and should be included under 7 Complaints and Child Protection.

CONCLUSIONS

NIACRO broadly welcome the JJC Rules 2007 and are pleased to see the inclusion of some of the suggestions made to the NIO in the discussions they facilitated while drawing up this legislation.  We are particularly pleased to see the emphasis on involving families and parents, the role of the voluntary sector in providing services both in and outside the centre and the pivotal role of education, training and employment.  We believe that enshrining these principles in law can encourage a caring and children’s rights ethos through the policies and procedures that will operate in the JJC which will be in the best interests of the children, their families and the wider community.