Vox Pop: Should commissioners be able to seek judicial review?

YES
Bill Badham, co-director, Practical Participation
For 10 years, campaigners sought an independent commissioner in England to hold government to account for the full implementation of the UN Convention on the Rights of the Child.
 
The draft Bill proposed a toothless tiger, held in check by the Secretary of State. Despite some successful lobbying, the Children Act 2004 established an office falling far short of the Paris Principles.

Powers to initiate legal proceedings and intervene in court cases where there is a wider matter of principle are crucial to unleash the tiger so that children and young people have the free and independent champion long fought for.


NO
Tim Loughton MP, former children’s minister
The Children and Families Bill will rightly strengthen the ability of the commissioner to promote and focus on the rights of children in line with the UN Convention and make the office more independent of government as well as more transparent and relevant.

In 2004, it was never envisaged that the Office of the Children’s Commissioner should get involved in legal cases brought by individuals. This could rapidly consume the bulk of its resources as the Joint Committee on Human Rights has acknowledged, and risk detracting from the important strategic role the office has.

That reasoning is no less relevant today, particularly if we are to ensure the commissioner takes up her enhanced role across a wider range of issues in the interests of achieving fairer outcomes for all children across England.


YES
Candice, 19, User Voice
These new powers would allow the children’s commiss­ioner to have a greater chance of getting things changed based on what young people say – which doesn’t always happen.

I was recently involved in an Office of the Children’s Commissioner (OCC) inquiry into young people’s experiences of the complaints process in the youth justice system, so I have first-hand experience of the commissioner listening to young people.

Giving commissioners these powers would mean young people’s concerns were taken forward by someone they actually trust, because lots of young people have had contact with commissioners. It would make young people feel more confident in legal proceedings, because they understand that the OCC has young people’s interests at heart.


YES
Keith Towler, Children’s Commissioner for Wales
To effectively operate as an independent human rights institution for children and young people, children’s commissioners must have at their disposal adequate resources and appropriate statutory powers – that includes the option of undertaking a judicial review.

I would expect any children’s commissioner to be able to initiate any action they deem necessary, including a judicial review, in order to effectively uphold children’s rights. Having a varied box of statutory powers enables the commissioner to initiate independent actions in emerging areas as children and young people’s lives, and society, evolves.