Children & Young People Resources
It is important to remember that unless expressly stated otherwise, all laws, rights and ethical guidance applies to children as well as to adults.
When referring to children, in keeping with the United Nations Convention on the Rights of the Child (UNCRC) we include young people up to the age of 18 years old. This page is where you will find resources which apply just to children.
The information and links to third party resources on this page are provided for training and education purposes only. Advice from a suitably qualified and experienced lawyer should be sought in relation to individual cases.
United Nations Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty which sets out the minimal rights all party states should provide to everyone under the age of 18 years. The UNCRC has 54 article that cover every aspect of a child’s life. It is the mostly widely ratified human rights treaty in the world, meaning more countries have agreed to be bound by it than any other human rights treaty. All UN member states with the exception of the USA are parties to the treaty.
The UK has been bound by the UNCRC since 1992. The main way the UNCRC has effect in the UK is through a system of periodic reports to the UNCRC Committee, a committee of experts in children’s rights, drawn from around the globe. Approximately every four years (usually longer due to the backlog) each member state government sends a report to the UNCRC committee explaining how the state has met their duties under the treaty. Civil society (NGOs, professionals groups who work with children, academics, voluntary groups, not-for-profits, businesses, children) also file a parallel report.
In the UK each government of England, Scotland, Wales and Northern Ireland produce a report which is consolidated into a single UK government report. Likewise civil society in each of the four nations, co-ordinated by the civil society umbrella organisations list below, compile national civil society reports which are consolidated into a single UK civil society report.
The UNCRC Committee review the reports, then hold a day or more of hearings where evidence from governments and civil society is heard. Visits can also be made to the state under review. Having done all this, the UNCRC then produces a document called ‘Concluding Observations’, setting out their findings. All the documents can be read on the website of the United Nations Human Rights Office of the High Commissioner.
The UNCRC also produce guidance in the form of ‘General Comments’, these expand on individual Articles (clauses of the treaty) giving more detail of the steps signatory states and others to ensure children’s rights are fulfilled. All the General Comments can be read on the United Nations Human Rights Office of the High Commissioner, but the following are of particular relevance to children’s health:
UNCRC General Comment: Best Interests
UNCRC General Comment: Disabled Child
UNCRC General Comment: Health
UNCRC General Comment: Right of the child to be heard
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill was introduced to the Scottish Parliament in September 2020 and passed unanimously by Members of the Scottish Parliament on 16th March 2021. The Bill will commence six months after it receives Royal Assent.
Once law, the Act will make it unlawful for public authorities in Scotland to act incompatibly with the UNCRC and children and young people or their representatives will be able to bring actions in the Scottish Courts to enforce their UNCRC rights.
Scottish Government will be required to report annually on how they are meeting their UNCRC obligations and duties and other Scottish public authorities must do so every three years.
UK Children’s Commissioners
Each UK nation has a children’s commissioner, a public office to which an independent expert, supported by an office, is appointed to promote, champion and safeguard children’s rights under the UNCRC and other legislation such as the Human Rights Act 1998. In England the role was created by the Children’s Act 2004; the current holder Dame Rachel DeSouza was appointed in 2021 and will hold the post for 5 years. The post was created in Scotland by the Commissioner for Children and Young People (Scotland) Act 2003. The current Scottish Children’s Commissioner is Bruce Adamson, who was appointed in 2017 for a six year term. The Welsh post was established by the Children’s Commissioner for Wales Act 2001. The current post holder Sally Holland, has held the post since 2015. The post in Northern Ireland was established by the Commissioner for Children and Young People (Northern Ireland) Order 2003, the current Commissioner is Koulla Yiasouma was appointed in 2015. Click on the links below to access the website for each of the four children’s commissioners’ offices, where you will find more information about their work and a lots of useful resources on children’s rights.
England
Northern Ireland
Scotland
Wales
UK Civil Society Organisations
Each nation also has an umbrella organisation of children’s rights organisations, professionals working with children, children and young people and academic child rights experts. They work closely with the children’s commissioner in their nation to promote children’s rights and play a key role in collecting information on the state of children’s rights in their nation.
Children’s Rights Alliance for England
Children in Northern Ireland
Together : Scottish Alliance for Children’s Rights
Children in Wales
Adam made a short training film about Children’s Rights for a Together: Scottish Alliance for Children’s Rights training event. Adam talks about his experiences of having his Article 12 UNCRC right to be listened to recognised in healthcare and education. The film has since been used widely in healthcare education and by child rights organisations. (Click on the blue paragraph heading to access the film)
Child specific ethical and clinical guidance
General Medical Council (Regulators of UK medical doctors) 0-18 guidance for all doctors The guidance applies to all medical doctors working with children, not just to paediatricians.
Child Death Review: statutory and operational guidance (England)
This guidance for all professionals working with children, sets out the processes which should be followed in England following the death of a child. The guidance was published in 2018, one of its aims was to improve the experience of bereaved families.*
The Department of Health and Social Care introduced new forms for the reporting on child deaths on 1st April 2021.
Royal College of Paediatrics and Child Health ‘ Making decisions to limit treatment in life-limiting and life-threatening conditions in children: A framework for practice.
Guidance published by the Royal College of Paediatrics and Child Health’s Law and Ethics Advisory committee on make end-of-life decisions for children.
NICE Guidance on the management and care of children from birth to 18 years living with life limiting conditions
This guidance deals not just with the care, treatment and support children and their families should have in the last days and weeks of their life, but the care, treatment and support they should have from the point of diagnosis, which depending on the child’s condition, may be may years prior to their death.*1
You will note that NICE dedicated this guidance to Adam and another boy Calum.
This link takes you to all NICE resources specific to children and young people. This includes guidance, advice, NICE pathways and quality standards.
This link takes you to all Scottish Intercollegiate Guideline Network (SIGN) paediatric resources.
Aged 13, Adam wrote a blog describing what makes ‘good care’. His blog is now widely used in healthcare education:
The Thoughts of Adsthepoet
I am 13 years old and I have spent more than half my life in hospital.
I’ve seen the best and the worst of the NHS and stayed in five regional Children’s Hospitals; Southampton General; Edinburgh Children’s; Yorkhill (Glasgow); GOSH and Leeds General. The care I have received in all these hospitals but one has been outstanding. In that one, some of the care has been wonderful but some has sadly been awful.
I think everybody should have good care, so to help, I thought I would let you know what, from my experience I think makes good care.
In the good hospitals:-
1) Staff talk to me and involve me in decisions about my care. They ask me about what I want and don’t want;
2) Staff talk to mum and dad and ask them about me;
3) Staff talk to each other and pass on important information about me;
4) If staff don’t know something they are not afraid to say and ask someone who does know, sometimes that might even be me or mum and dad;
5) Staff treat me as an individual and recognise the things I can do, they don’t jump to negative stereotypes and prejudices about me, because I am physically impaired;
6) Staff have time for me, they are friendly and chatty and make me feel as if I matter;
7) Staff are friendly and chatty to mum and dad, they work with them, they treat us all as if we matter;
8)I’m never left alone when I’m seriously ill and never in a room with the door closed so staff can’t see me;
9) When I’m really ill doctors come quick and do everything necessary to make me better, I’m not left critically ill for hours without care;
10) I always feel that I am getting the best care possible, I’m never made to feel like a second class citizen for whom it doesn’t matter if I live or die.
In the bad hospital they do the opposite and worse, but want to send a big THANK YOU to all the staff at that hospital who have given me good care and to all the staff at the other hospitals- You are the best!”
Adam Bojelian
26th April, 2013
Additional support for health, education and care
Health, education and social services are all devolved matters meaning that in England their are decided upon by the Westminster government and by the Scottish and Welsh governments in those parts of the United Kingdom.
England
Health and Education plans were introduced in England by Part 3 the Children and Families Act 2014. This created a duty for local authorities to conduct statutory education, health and care (EHC) needs assessments. These assessments determine whether individual children and young people in their area have special educational needs which require additional support or provision. When a local authority deems that a statutory EHC plan is needed, it must secure for the child or young person the special educational provision specified in the plan. The local authority also has a duty to maintain the plan.
The Council for Disabled Children provide excellent resources explaining Education and Health Care Plans, their implementation and advice for families.
The Westminster government also provide information on Education for families on Education and Health Care Plans.
Appealing an Education and Health Care Plan (or lack of plan)
An appeal can be made to the Special Educational Needs and Disability Tribunal if you disagree with a decision a local authority has made about a child or young person’s education, health and care needs or plan.
Appeals can be made if a local authority:
- refuses to conduct an EHC assessment or reassessment;
- refuses to create a EHC plan following an assessment or reassessment;
- refuses to change the parts of the plan (sections B, F & I) which relate to education;
- decide a EHC plan is no longer needed
This guidance from the Westminster government explains the appeal process, including who can appeal and how to appeal.
In September 2019 the Westminster government announced a review of Special Educational Needs support. The Westminster government published its response on 22nd July 2021.
Northern Ireland
Information on the system of assessment and support for children and young people in Northern Ireland can be found on the Northern Ireland Education Authority website.
Help and advice is also available from the Northern Ireland Special Educational Needs Advice Centre.
Scotland
In Scotland children and young people are described as having additional support needs, rather than special educational needs. The Education (Additional Support for Learning) (Scotland) Act 2004 as amended, sets out the duties placed on Scottish local authorities and children and young people and their families’ rights.
The Scottish Government has published statutory guidance (2017) which explains the 2004 Act and outlines how it should be implemented.
In Scotland appeals are made to the Additional Support Needs Tribunal.
Enquire provides advice and support relating to additional support needs in Scotland.
Wales
In Wales, as this useful guide from Contact (formally Contact A Family) explains, local authorities in Wales have a duty to assess children with special educational needs, provide a Statement (a legal document) of those needs and to meet those needs.
In Wales, parents, children and young people can appeal to the Special Educational Needs Tribunal for Wales established by the Education Act 1996. The Tribunal hears both appeals relating to special education needs provision brought against Welsh local authorities and claims of disability discrimination in Welsh schools.
Additional Reading
House of Commons Library Research Briefing – Support for children and young people’s mental health 11 June 2021
* AdsFoundation director Dr Zoe Picton-Howell was a co-author of this guidance.
*1 AdsFoundation director Dr Zoe Picton-Howell served on the NICE guidance committee which wrote this guidance.
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