DEVOLVED AND NON-DEVOLVED RESPONSIBILITIES
39. Some areas of responsibility, although non-devolved,
nevertheless impinge upon the care of children and young people
- for example the police and probation services, youth justice
and the prison estate. There is already close co-operation with
the Children's Commissioner for Wales in those areas for which
responsibility is retained at Westminster. The Deputy Children's
Commissioner told us in evidence that while the proposed Order
had the potential to improve the current situation and could raise
the standard of services provided,[50]
at present this relied on very close cross-border liaison based
on protocol, policy frameworks and guidance:
… if we go to our powers, we cannot use some
of our functions within those areas. We can liaise, we can negotiate,
we can mediate, we can have access where we are allowed access,
but we cannot use some of our other powers.[51]
40. The Deputy Children's Commissioner continued:
… over the last six or seven years we have come
across the most appalling treatment of children in those areas
where we have not been able to use our full functions to assist
them, and neither has the English Commissioner been able to assist
them because he is precluded from assisting individual children.
There is that gap there that children are falling down.[52]
…we know where it is not working and we know
which children are falling through the gap. To sit here and say
it objectively is one thing, but when you are meeting these children
and seeing the impact on them, you would not believe that these
things are happening in the UK and there is not an organisation
which is able or empowered to properly champion their rights.[53]
41. The Deputy Commissioner believed that the
most effective way of addressing this would be by way of an over-arching
legal framework, rather than the current reliance on liaison,
protocols, agreements and policy frameworks.[54]
However regarding the proposed Order, the Deputy Commissioner
said that she would welcome the inclusion of reference to other
bodies concerned with the well-being of children into Matter 15.5
such as the UK Border Agency and the Fire and Rescue Services.
42. We note with concern the
Deputy Children's Commissioner's evidence that the split in responsibilities
between England and Wales for safeguarding and promoting the well-being
of children and young people has resulted in vulnerable children
not receiving the services they need. We recognise that
this proposed Order would not address the gaps in provision, and
note the view of the Deputy Children's Commissioner that one way
of addressing this issue would be by way of an over-arching legal
framework for England and Wales. However, in the absence of such
a framework, we recommend that Matter 15.5 of the proposed Order
be expanded to include reference to other bodies which work with
vulnerable children such as the UK Border Agency and the Fire
and Rescue Services.
15 
