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LETTER SECRETARY OF STATE FOR HEALTH
CONCERNING CHILDREN'S RIGHTS COMMISSIONER

17 April 2000

The Rt Hon Alan Milburn MP,
Secretary of State,
Department of Health,
Richmond House,
Whitehall,
LONDON SW1A 2NS

Dear Secretary of State,

I write on behalf of Social Services North West to urge you to appoint a fully fledged Children's Rights Commissioner for England, rather than a Director of Children's Rights with the limited role you outlined in response to the Waterhouse Report.

Social Services North West (NWASSA: the North West Association of Social Services Authorities) is the member-level body which represents the local authorities in the North West of England which have responsibility for the personal social services. It works with its members and others to promote high quality local authority services by

-considering issues relating to the personal social services which are of regional or sub-regional significance, and making recommendations to member authorities.
-promoting good practice in the personal social services amongst member authorities.
-making representations to Government on behalf of member authorities on the implications for the North West of Government policies for the personal social services and related matters.
-working with other regional and national bodies on behalf of member authorities to promote high quality public services.

The North West Association of Social Services Authorities has for some years been urging Government to establish an Office of Children's Rights Commissioner, with separate but linked Commissioners in Scotland, England and Northern Ireland. It would be an independent statutory office to promote the rights and interests of children and young people, in accordance with the principles and standards of the UN Convention on the Rights of the Child. The Commissioner's functions would include:

· promoting the awareness of the rights of children and highlighting the ways that current law, policy and practice fail to respect those rights;
· ensuring that they have an effective means of redress when their rights are disregarded;
· conducting formal investigations where breaches are considered to have occurred;
· analysing and commenting on proposed new legislation or policy;
· undertaking, commissioning and/or publishing research and information relevant to the pursuit of children's rights and interests.


The Commissioner's powers could include:

· investigation of breaches of rights and undertaking public enquiries;
· taking legal action as appropriate should a child not be able to do so on their own behalf:
· issuing regular reports on their work and the state of children's rights;
· requiring that the office is consulted by Government and other bodies, with Child Impact Statements accompanying proposed changes in policy and legislation.


NWASSA considered that creating Children's Rights Commissioners would demonstrate the Government's commitment to children, and its preparedness to be held to account on that commitment, whilst at the same time helping to fulfil the UK's obligations under the UN Convention on the Rights of the Child.

At its meeting on 17 March 2000, Social Services North West reaffirmed its support for the appointment of a Children's Rights Commissioner for England, with the remit set out above, and we urge that course upon you.

We have also noted the debate in the House of Commons on the same day as our meeting, particularly the fact that MPs of all parties were supporting the notion of a Commissioner for England with a full brief, in accordance with the aspirations of the Welsh Assembly. Your colleague John Hutton indicated that the Government is still considering the precise remit of the role in both England and Wales, and will bring in an amendment to the Care Standards Bill.

My Association urges you to satisfy the aspirations of so many Members of Parliament, voluntary bodies and thousands of others who have the best interests of children at heart, by ensuring that the remit of the Children's Commissioner / Director for England, as well as Wales, will be sufficiently wide to ensure that the wishes and best interests of all children can be safeguarded and promoted.

Yours sincerely,


Councillor Paul Cummins
Chair, Social Services North West

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