ARCH is a children’s rights organisation based on human rights instruments. It has a particular focus on the effects of developments in Information Technology on children’s civil liberties and data protection rights.

The Department for Business, Innovation and Skills proposes a series of measures, to be effected via secondary legislation, that would restrict or suspend access to the Internet. We are astonished that the impact upon children has not been considered. As Childnet observed ^[1] in response to the previous consultation last year, the tone has more to do with the interests of copyright holders than with the rights of children.

It should be said at the outset that on a broadband network it is impossible to identify which particular member of a household has downloaded illegal content, or indeed whether any member at all has done so. Many families are unaware of the need to secure their network connection, particularly when they have little knowledge or experience of information technology. By introducing bandwidth restriction and account suspension, the Government will increase the vulnerability of such families to network ‘piggy-backing’ by those who deliberately seek out unsecured networks.

Parents and children can also be confused by the range of sites offering downloads, and insufficient education is provided about how to distinguish between sites offering legal and illegal content when both are equally available. Moreover, many people, especially children, have scant knowledge of copyright law and are not always aware of potential infringements.

The proposals will affect every member of a family, regardless of guilt or innocence. They are disproportionate, draconian and manifestly unjust. They also run completely counter to the Government’s policy on education and social inclusion, and we are frankly astonished that they could be supported by a former Minister for Schools. We can only assume that no discussion of the proposals has taken place with the Department for Children, Schools and Families.

Internet access is no longer a luxury item, nor an optional extra in education provision. The Internet itself provides a rich source of learning materials, and many schools place curriculum content online to give pupils access out of school hours. Some organise student support groups online to enable pupils to discuss homework assignments. The Government’s Home Access Programme, which makes available grants of up to £600 for computers and connectivity, is designed to ensure that all children have Internet Access on the basis that:

"There are still a significant number of learners who lack access to a computer and internet at home. It has been shown that home access can enhance learner achievement, increase motivation and improve parental engagement, which in turn raises their children’s attainment. Recent evidence has also suggested that having home access to a computer could help learners achieve a two grade improvement in one subject at GCSE." ^[2]

As the Schools Minister, Jim Knight MP, said in March of this year:

"It is impossible to overstate the importance of IT to today's children...It is vitally important that we close the digital divide and do not allow it to swallow children from families who may not be able to afford a computer or the internet. We will support these families to ensure that the educational and social benefits of 21st century technology are available to them."^[3]

It is disappointing that the Government, which has repeatedly underlined its commitment to education, could consider sacrificing to the demands of industry children’s access to an educational resource which it quite rightly identifies as vital.

It is not only school pupils who would be disadvantaged by lack of Internet access. Government-commissioned research into the needs of young people who are not in education, employment or training identified "lack of home access to computer and Internet" as a significant barrier to service use, recommending that this problem is solved by "Provision of technology at home along with connectivity and help in using IT".^[4] The number of young people who are classified as ‘NEET’ has remained unacceptably high and has been further aggravated by the current recession. This would not seem to be an opportune time to introduce a policy that will increase the obstacles that such young people face.

The role that availability of home access to IT plays in reducing social exclusion has also been identified by a Ministerial task-force on home access to technology:

"Strong evidence exists for the potential educational, economic and wider benefits of home access to technology." ^[5]

Indeed, it was in direct response to the task-force’s final report that the Home Access programme was established.

Those without Internet access also face other kinds of social exclusion. It is commonplace for children and young people to make arrangements for social activities via social networking sites and email. Depriving them of these facilities hinders the development of their friendships and social activities.

The effect on parents will have a significant impact upon their children. Those parents who arrange to work at home via the Internet in order to be available for their children will be faced with the problem of finding child-care; those who run small businesses will be deprived of their source of income. Both of these eventualities will inevitably increase child poverty. Lack of Internet access will also hinder the development of effective home-school partnerships by preventing parents from having access to school information online, and removing a ready means of communication with their child’s teachers.

We urge the Secretary of State to reconsider the proposals to restrict or suspend families’ Internet access. They will penalise the innocent, damage children’s educational opportunities, aggravate poverty and social exclusion and undermine a central plank of the Government’s education policy.

Terri Dowty

Director

28^th September 2009

[1] Childnet International response to BERR consultation on legislative options to address illicit Peer-to-Peer file-sharing

http://www.childnet-int.org/downloads/301008ChildnetBERR.pdf

[2]  Home Access programme website: http://schools.becta.org.uk/index.php?section=oe&catcode=ss_es_hom_02&rid=15871

[3] ‘First families receive computers under Home Access Programme’: http://news.becta.org.uk/display.cfm?resID=39686

[4] 'Digital Exclusion Profiling of Vulnerable Groups: Young People not in Education, Employment or Training.' Citizens Online and National Centre for Social Research for the Department for Communities and Local Government, October 2008

[5]  'Extending Opportunity: Final Report of the Minister’s Taskforce on Home Access to Technology', July 2008

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