Certain Specific Changes Proposed by the Mazengarb Committee

In clause (5) on pages 60 to 63, both inclusive, of the report the

Mazengarb Committee recommended that certain specific changes be

made as soon as possible in the legislation relating to proceedings in

the Children's Court. It was our duty to examine and report upon

each of these suggestions. Our comments are as follow:

_Paragraph (a), page 61_ (creation of a new offence) and _paragraph

(b), page 61_ (the compulsory attendance of parents at a Children's

Court)

Both of these recommendations have been given effect to, and they

are provided for in the legislation enacted late in the session of 1954.

_Paragraph (c). page 61_ (power of Court to make orders against the

parents of offending or delinquent children)

We agree with this recommendation, and we understand that the necessary

provision has already been written into a new Child Welfare Bill which

is in course of preparation.

_Paragraph (d), page 62_ (notification of fact of expulsion of a

child from school)

This proposal has already been given effect to by administrative

direction. We feel that legislation on this point will not be

necessary.

_Paragraph (e), page 63_ (notification to be given to principal of

a school where child found to be delinquent)

In normal practice the Child Welfare Officer does take a head teacher

into his confidence when placing a child in his school district and

actively seeks his co-operation. There are odd cases, however, where it

may be thought that an individual head teacher should not be given, in

the words of the report, all "the circumstances which led to the

delinquency". This would be a very rare occurrence, but the statutory

obligation to tell everything he knew on every occasion might prevent

the Child Welfare Officer's taking steps he believed to be in the best

interests of all concerned. The best results, we feel, will come from

wise administrative action and from a general improvement in the mutual

understanding between teachers and Child Welfare Officers.

The Committee felt that when information of this nature was passed on

to a Headmaster it should be treated as confidential. We feel strongly

that any child should always have a full opportunity of repentance and

of re-establishing his character, and where a child showed that

definite improvement had been made by him his chances of rehabilitation

should not be prejudiced by the fact of his earlier breach.

_Paragraph (f), page 63_ (recommendation that Child Welfare Act be

completely redrafted, etc.)

A complete redraft of the Act is now in course of preparation.

Further comments on paragraph (_f_) above were made by Dr Beeby. They

are as follow:

"We think that the right of appeal from the decisions of the

Children's Courts might be usefully made explicit in the Child

Welfare Act. We agree also that it might be well to provide for the

right of appeal against the Superintendent in certain

circumstances. If the system is to be workable and not brought to a

standstill by a mass of frivolous appeals, it will be necessary to

restrict the right of appeal. If an appeal were to lie every time

the Superintendent shifted a ward of State, the proceedings would

be endless. The only appeal, we think, should be one to have a

child discharged from the care of the Superintendent. Serious

complaints of ill treatment could be aired in this way. We are not

able to suggest, off-hand, exactly what the restrictions should be,

and very full discussions between Child Welfare authorities and

legal authorities would be necessary as a preliminary to effective

legislation on the point."

Little, if anything, appeared in the Mazengarb Committee's report to

justify us in thinking that a right of appeal of the kind suggested

should be provided. The Committee express the hope that a step of this

kind should not be taken unless sound reasons were advanced for taking

it.

Report of the Juvenile Delinquency Committee · 第 11 / 16 题