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Social care bill breaches children's rights, commissioner claims Social care bill breaches children's rights, commissioner claims
(about 2 hours later)
Childrens' human rights are being breached by plans to transform social care in Wales, the children's commissioner claims.Childrens' human rights are being breached by plans to transform social care in Wales, the children's commissioner claims.
Keith Towler says a Welsh government bill to improve care and wellbeing for people of all ages goes against the principle that child welfare is paramount.Keith Towler says a Welsh government bill to improve care and wellbeing for people of all ages goes against the principle that child welfare is paramount.
Ministers say Mr Towler has "profoundly misunderstood" the nature of the bill.Ministers say Mr Towler has "profoundly misunderstood" the nature of the bill.
They say it will improve wellbeing for all who need care and their carers.They say it will improve wellbeing for all who need care and their carers.
The Social Services and Wellbeing Bill will also create, for the first time, a legal framework for social services in Wales, saying current laws cannot support the changes needed to deal with a growing, ageing population.The Social Services and Wellbeing Bill will also create, for the first time, a legal framework for social services in Wales, saying current laws cannot support the changes needed to deal with a growing, ageing population.
But in written evidence to an assembly committee Mr Towler said the bill goes against the United Nations Convention on the Rights of the Child - an international human rights treaty to protect children.But in written evidence to an assembly committee Mr Towler said the bill goes against the United Nations Convention on the Rights of the Child - an international human rights treaty to protect children.
He said that trying to pull together a common set of processes for adults and children in their use of social care is contrary to the treaty.
The convention states that "in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration".The convention states that "in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration".
Mr Towler argues that by outlining a common set of processes for people of all ages the bill does not put greater emphasis on the needs of children.Mr Towler argues that by outlining a common set of processes for people of all ages the bill does not put greater emphasis on the needs of children.
'Clear danger' He told BBC Radio Wales: "I don't think this bill delivers what the minister intends.
"There is clear danger that the paramountcy principle [that a child's welfare is paramount] may be diluted by the introduction of a single act and I regard this change as potentially contrary to the best interests of children in Wales," he said. "In Wales, we've got a fantastic and rich tradition in relation to children's rights. We are the only country in the UK to have legislated in favour of children's rights, through the Rights Measure.
"So, what I expected to see on the bill - which I am not seeing - is how children and young people's best interests are being protected in line with the convention."
Legal protection
Mr Towler said he felt that two aspects were missing from the draft bill.
He said an impact assessment on the effect of the legislation on children's rights had not been published.
Secondly, the commissioner claimed that the new draft bill removes the concept of 'child in need', which currently ensures those who need care and support are legally protected and receive that help.
"I don't think I've misunderstood the bill, and I don't think I've misunderstood what the deputy minister wants," he said.
"This is about delivering good outcomes for children and young people and vulnerable adults.
"I wouldn't be doing my job properly if I didn't stand up and say, as the Children's Commissioner, [the bill] as currently drafted, I'm not sure this delivers in the way in which the minister intends."
Deputy Social Services Minister Gwenda Thomas said: "The legal advice I have received on this matter confirms my view that the commissioner's position would seem to profoundly misunderstand the nature and purpose of the bill in regard to the matters he raises.Deputy Social Services Minister Gwenda Thomas said: "The legal advice I have received on this matter confirms my view that the commissioner's position would seem to profoundly misunderstand the nature and purpose of the bill in regard to the matters he raises.
"As the minister responsible for the Social Services and Well-being Bill, I am satisfied that this legislation will not bring detriment to the position of children."As the minister responsible for the Social Services and Well-being Bill, I am satisfied that this legislation will not bring detriment to the position of children.
"Indeed, the rights of individuals and children are at the heart of the improvements we intend to make. This is a bill which will enable children and young people to be better supported or cared for by encouraging social workers and social care staff to look at the family in a holistic manner."Indeed, the rights of individuals and children are at the heart of the improvements we intend to make. This is a bill which will enable children and young people to be better supported or cared for by encouraging social workers and social care staff to look at the family in a holistic manner.
"Children cannot be seen in isolation from the families and communities they are part of and the bill does much to enforce this notion.""Children cannot be seen in isolation from the families and communities they are part of and the bill does much to enforce this notion."