Draconian Isle of Man Contact Point

[Mayfly]

The Isle of Man has launched a public consultation on a new Children Bill which includes a proposal for an 'Information database' on all children ordinarily resident in the Island:

http://www.gov.im/lib/news/education...entofeduc6.xml

The are proposing a new principle of the 'overriding objective' as follows:

The Bill introduces the principle of the “overriding objective” which means the objective for improving the wellbeing of children and young people in respect of:



• Their physical and mental health;
•  Their protection from harm and neglect;
•  Their education, training and recreation;
•  Their contribution to society; and
•  Their social and economic situation.

To achieve this they propose setting up an 'Information Database; which will have the following information on it:

11 Information database

(1) The Department may maintain an information database for the purposes of achieving the overriding objective.
(2) The only information which may be recorded on the database in relation to a child or young person who is ordinarily resident in the Island (such a child or young person being referred to in this subsection as "C") is the following —
(a) C’s name, address, gender and date of birth;
(b) a number identifying C;
(c) the name and contact details of any person with parental responsibility for C or who has care of C at any time;
(d) details of any education being received by C (including the name and contact details of any educational institution attended by C);
(e) the name and contact details of any person providing primary medical services in relation to C under Part 2 of the National Health Service Act 20016;
(f) the name and contact details of any person providing C with services of such description as the Department may specify in regulations;
(g) information as to the existence of any cause for concern in relation to C; and
(h) information of such other description, not including medical records or other personal records, as the Department may specify in regulations.

This goes a lot further than the UK Contact as it proposes to record subject information as highlighted. It also looks to me like an assault on Home Ed.

If anyone versed in campaigning against the UK Contact Point would like to offer any tips as to how to lobby against this type of intrusive nonsense then please post here!

Thanks.

[Elaine Kirk]

Are there a few of you who could start a group aimed at fighting it?
And if there are enough to start putting together a battle plan - start of with Just Say No continue with Just Say No and bring it to a death by Just Saying No

[Sheila Struthers]

Don't know if it helps or not but this is what they have planned for Scotland - being rolled out as I type...

[Elaine Kirk]

Gosh Sheila that is frightening stuff !

[Mayfly]

Thanks Sheila that's most interesting. I have followed GIRFEC but never realised it was that intruding.

The worst aspect of the Manx proposal is the inclusion of subjective information. The degree to which 'everybody knows everybody' in the Isle of Man is amazing. It's a thoroughly gossipy (but friendly) island community. The potential for the database to be populated with hearsay is enormous - with obvious implications for erosion of trust and loss of privacy.

[Elaine Kirk]

What a way to spend Saturday morning !.
The consultation

Children Bill 2010
10
A BILL to provide for the establishment of a Department of Education and Children; to provide for the establishment of a Children’s Commissioner; to provide for the establishment of a Children’s Committee and a Safeguarding Children Board; and for connected purposes—

Why are they consulting on matters that will impact on Children and Families without recognising the need to consult Children and Families?

Bodies to Consult
Tynwald Members
Education Council Members
Schools, School Governing Bodies
Teacher Unions and Trade Associations
CEOs of Government Departments
Data Protection Office
Law Society
Local Authorities and Parish Councils
Service Providers for Children and Young People
Isle of Man Churches

Is that maybe worth a challenge ? it doesn't meet their own guidelines
CONSULTATION CODE OF PRACTICE
This consultation follows the Code of Practice on Consultation the criteria for which is set out below.

The Six Consultation Criteria
1. Consult widely throughout the process, allowing a minimum of 6 weeks for a minimum of one written consultation at least once during the development of the legislation or policy.
2. Be clear about what your proposals are, who may be affected, what questions are being asked and the timescale for responses.
3. Ensure your consultation is clear, concise and widely accessible.
4. Give feedback regarding the responses received and how the consultation process influenced the policy.
5. Monitor your Department’s effectiveness at consultation.
6. Ensure your consultation follows best practice, including carrying out an Impact Assessment if appropriate.
The full Code of Practice is available at www.gov.im/cso

[Sheila Struthers]

The Bill introduces the principle of the “overriding objective”

Still not quite sure what to make of this - any lawyers out there!

[Elaine Kirk]

Also although the setting up of a database is in the Bill it isn't made clear

[Mayfly]

Elaine and Sheila, thanks very much for these comments which are actually very useful.

I have been following the development of this children's plan in the Isle of Man for several years. It is being created in response to the murder of two teenage children in care a few years ago. It's basically an uplift of the Every Child Matters Agenda complete with CAF form and Integrated Children's Services software. However, they have consistently denied that they intended to mirror Contact Point so it's a real surprise to see it in the actual legislation.

Essentially the Bill can be modified by secondary legislation. So, at this stage, it's not possible to see how the database will actually work. However, unlike the UK Contact Point the clear intention is to log subjective information which comes to the attention of the Safeguarding Board. What is interesting is the concept of the 'overriding principle' That strikes me as a highly dubious legal definition drawn so wide as to be impossible to justify. There is nothing 'reasonable and proportionate' about such a definition.

One thing is certain, in this small community, if families cannot approach the system in confidence then they are a lot less likely to seek help for their children in the first place.

As regards Home Ed, well they had a go at enforcing intrusive monitoring a couple of years ago. The offending clause was removed from the legislation after well orchestrated pressure from the Home Ed community. It looks like they are having another try.

Yes, what a way to spend a Saturday!

[Sheila Struthers]

Originally Posted by Mayfly

It is being created in response to the murder of two teenage children in care a few years ago.

How handy dead children come in

Victoria Climbie (ECM) Danielle Reid (Girfec)