UNITED KINGDOM: Judicial review of use of restraint in child detention facilities approved

Summary: Children’s rights campaigners given go-ahead for judicial review of the state’s obligations to child restraint victims in custody.

[5 September 2011] - The High Court has today granted permission to the Children’s Rights Alliance for England (CRAE) to bring judicial review proceedings challenging the Justice Secretary’s refusal to notify child victims of abusive restraint in custody of their rights. 

The charity's concerns include children held in secure training centres being subject to violent swipes to the nose and ribs; having their thumbs yanked back; ...oxygen [deprivation]; and suffering fractures and concussion. In addition, there are potentially thousands of children who were subject to restraint to maintain order in the privately-run child prisons, in clear contravention of the law. 

This is the first time such a case has been brought to court and, if successful, could have major ramifications for the state’s and private contractors’ obligations towards vulnerable children in their care. 

Carolyne Willow, CRAE national co-ordinator, said: 

"We are absolutely delighted with the court’s decision. Inquests into the restraint-related deaths of two children and other related legal cases, as well as parliamentary questions and our own Freedom of Information applications, have exposed a catalogue of grave abuses of children's rights in the privately run secure training centres over many years. Yet the Government has to date not taken any action to systematically notify those who were likely to have been subject to unlawful and abusive treatment. Children in custody are extremely vulnerable and are often held hundreds of miles away from their parents and families." 

CRAE's Legal Director, Rupinder Binning, adds: 

"In challenging CRAE’s application, the Justice Secretary was effectively denying potential victims of unlawful and abusive restraint vital information about their rights and how to seek redress."  

The hearing took place today and was decided by Mr Justice Collins. 

Extensive reference was made to the state's obligations towards children in custody under the Convention on the Rights of the Child. 

There are four privately-run secure training centres (STCs) run by two private companies – Serco and Rebound ECD which is part of G4S – on contract to the Youth Justice Board. 

The first STC opened in April 1998. The full hearing will take place by the end of December 2011. 

CRAE is represented by Mark Scott of Bhatt Murphy solicitors and Richard Hermer QC, Alex Gask and Stephen Broach of Doughty Street Chambers. 

 

Further Information: 

pdf: http://www.crae.org.uk/news-and-events/news/childrens-rights-campaigners...

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