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26 J. Soc. Welfare & Fam. L. iii (2004)

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Journal of Social Welfare  and Family  Law
26(1) 2004:  iii-vi                                         R   td


Editorial




This edition of the Journal comes at a time when  children's issues have
returned to the legislative agenda in the wake of the Climbi6 inquiry (Lord
Laming,  2003) and  the UK   government's  subsequent Green  Paper  on
children at risk (Department for Education and Skills, 2003). The Climbi6
inquiry, as most readers will be aware, followed the death in February 2000,
at the age of eight, of Victoria Climbi6. In 1998, Victoria had been sent away
from the Ivory Coast by her parents, to be cared for by her Great Aunt,
Marie Therese Kauo. She lived first in Paris and then in London. Her subse-
quent death in London at the hands of her Great Aunt and her aunt's partner,
Carl Manning,  was  facilitated by a long catalogue of errors by various
professionals. These errors - by the police, doctors and social workers - were
at the centre of the Laming Inquiry. That inquiry and last autumn's Green
Paper, 'Every Child Matters' (Department for Education and Skills, 2003),
promised  significant change to both child protection processes and to
children's services more generally.
   The result of that promise, in March 2004, is the Children Bill. There are
a number  of notable features of the Bill, which in most respects follows on
from the Green Paper. The most high-profile feature is the plan to introduce
a Children's Commissioner for England. This follows the earlier establish-
ment  of commissioners in Scotland, Wales and Northern Ireland and has
been broadly welcomed  by those commissioners and by other child welfare
organisations. However, the Welsh Commissioner  expressed early misgiv-
ings about the potential for confusion over areas of responsibility in some
areas of his work and a large number of relevant charities view the proposed
powers and role of the English Commissioner as somewhat weaker than those
of commissioners  elsewhere in the UK. The  Commissioner  will not, for
example, be able to take up individual cases (although Charles Clarke, the
relevant minister, has already tried to reassure critics that the government is
willing to expand the Commissioner's powers where necessary).
   Some organisations have also been critical of the Bill for failing to address
the existing 'reasonable chastisement' defence of physical punishment by
parents. A bizarre omission, some would say, given the Bill's origins in the
Climbi6 case, but one which reflects long-standing government nervousness
whenever  the abolition of physical punishment is proposed. Nevertheless,
media coverage of the Bill suggests that the government will be willing to use
this opportunity to abolish the 'reasonable chastisement' defence so long as it
does not lead to a complete ban on physical punishment. David Hinchcliffe,
a senior Labour backbench  M.P. with a long-term interest in this area, is
already planning an amendment  to the Bill on precisely those lines.
   Other measures in the Bill, such as the introduction of Children's Directors
in local authorities, responsible for both education and children's services,

                   Journal of Social Welfare and Family Law
      ISSN 0141-8033 print/ISSN 1469-9621 online © 2004 Taylor & Francis Ltd
                       http://www.tandf.co.uk/journals
                    D0I: 10.1080/01418030410001694369

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