My Lords, Amendments 18, 26 and 29 set out to remove the presumption that a child will be named publicly when they are involved in youth court proceedings relating to the new anti-social behaviour orders. I am very grateful to the Children’s Society, the Standing Committee on Youth Justice and others for concentrating my thoughts on this issue.
The Bill as it is currently written suspends Section 49 of the Children and Young Persons Act 1933 for children subject to the new orders and breach proceedings. For 80 years, Section 49 has provided a presumption against revealing details of a child’s identity. This Bill means that children will be named publicly as a default unless the court makes an active choice not to name them. My amendments do not prevent the court from naming a child if it thinks it appropriate to do so. They simply mean that a child will not be named by default.
The issue of publicly naming children is an important one. It raises a number of concerns regarding rehabilitation and safeguarding and is contrary to the usual presumption of anonymity that is granted to children in criminal proceedings. The presumption to name children has significant implications for the safeguarding of children. Naming a child publicly could mean that they are subsequently targeted by individuals or gangs wishing to exploit their vulnerability. Identifying a child as having been involved in anti-social behaviour could indicate that the child may be tempted to engage in risk-taking behaviour or that they will be more susceptible to being groomed. Children with special educational needs are also more likely to be involved in ASB, making them particularly vulnerable to exploitation.
Naming, thereby shaming, children can hinder the successful rehabilitation of those who wish to make a fresh start. It can be counterproductive by prolonging the problems that children have in re-engaging positively with their community. It can also make it extremely difficult for professionals to obtain services instrumental in a child's rehabilitation. There is little evidence that identifying a child is effective as a deterrent.
In our debates yesterday we were concerned with the Government’s very positive response to the need for education, health and care plans for children in trouble. I believe that this element of this Bill works in the opposite direction. In the age of the internet and social media, details of a child's identity are indelible once they are revealed. Children should not have this stamp on them from such a young age because it can affect their future ability to get a job, obtain housing and contribute to society. Naming and shaming through ASBOs has criminalised, stigmatised and negatively labelled young people and has in some cases perpetuated problems rather than helping to resolve them.
The Joint Committee on Human Rights has expressed concern about the impact of reporting on a child’s right to privacy in its pre-legislative scrutiny report. Naming and shaming contravenes the anonymity usually granted to children in criminal proceedings and denies the right to privacy in the UN Convention on the Rights of the Child. The Local Government Association has also expressed concern, especially about a child who receives or breaches an IPNA but who has not actually committed a criminal offence.
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Magistrates and district judges sitting in the youth court are not accustomed to considering whether to impose reporting restrictions. That is because the youth court operates under a general presumption of anonymity. Section 39 of the Children and Young Persons Act will allow a court to impose anonymity on the new ASB proceedings. However, because the court is not used to having to consider whether anonymity should apply, it is likely that children will be named without the court even considering whether a Section 39 application should be made.
I therefore want to press the Minister for some guidance. Will he consider discussing with magistrates and district judges sitting in the youth court the need to consider a Section 39 order in each case where ASB proceedings are taking place? How will they ensure
that the youth court considers whether to impose a Section 39 order in every case of a child involved in ASB proceedings? The guidance for front-line professionals accompanying the Bill should advise them to make a Section 39 application to the court when they believe that a child’s details should remain anonymous. Privacy for a child affects him or her not just at that moment but for the rest of their lives. It is something that we ought to take great care about removing. I beg to move.