National Preventive Mechanism Eleventh Annual Report 2019–20 Reviews into secure care for children and young people in England and Wales The JCHR concluded its inquiry, Youth Detention: Solitary confinement and restraint, in April 2019.71 The Committee considered the use of restraint and separation in a range of settings in England and Wales where children are detained, including for care, treatment or welfare reasons, or because of criminal offences. The inquiry found that restraint and separation of children is occurring too often, with rates even higher for black and minority ethnic children. The JCHR concluded that: the use of restraint for the purposes of ‘discipline and good order’ in young offender institutions (YOIs) must be prohibited in all but the most exceptional of circumstances; the use of prone (face-down) restraint as anything but a last resort is not compliant with human rights standards for children; and the use of separation from normal human contact is harmful to children if used for more than a few hours at a time, and beyond that can amount to inhumane or degrading treatment. The JCHR also found that incidents of separation can lead to children ending up in what amounts to solitary confinement, and that it is within the power of the government to prevent such unlawful conditions. The UK NPM and CCE provided joint evidence to the JCHR’s inquiry, which was cited in the final report. 71 72 73 74 75 76 77 28 The government responded to the inquiry in July 2019 and was broadly supportive of the recommendations, highlighting a number of policy plans and further reviews.72 These included the review on the use of pain-inducing restraint techniques in the youth secure estate in England and Wales by former Chair of the Youth Justice Board, Charlie Taylor, published on 18 June 2020.73 The review followed legal action and public pressure by children’s rights organisation Article 39 and other supporters of a ban of the practice.74 UNCAT’s latest review of the UK noted an increase in the use of restraints in the youth custodial estate, and reiterated that (in accordance with rules 63 and 64 of the UN Rules for the Protection of Juveniles Deprived of their Liberty) instruments of restraint and force can only be used in exceptional cases, where all other control methods have been exhausted and failed.75 CQC published its final report on its review on the use of restraint, seclusion and segregation in October 2020.76 The interim report, published in May 2019, examined the experiences of those people cared for in segregation on a mental health ward for children and young people or on a ward for people with a learning disability or autism.77 The findings of the interim report are referred to in 'Mental health and social care', p.15. Joint Committee on Human Rights, Youth Detention: Solitary confinement and restraint inquiry, https://publications. parliament.uk/pa/jt201719/jtselect/jtrights/994/99402.htm [accessed 11/10/2020] Joint Committee on Human Rights, July 2019, Youth detention: solitary confinement and restraint: Government Response to the Committee’s Nineteenth Report of Session 2017-19, https://publications.parliament.uk/pa/jt201719/jtselect/ jtrights/2547/2547.pdf [accessed 24/08/2020] UK Government, June 2020, Independent review of the use of pain-inducing techniques in the youth secure estate, https://www.gov.uk/government/publications/independent-review-of-the-use-of-pain-inducing-techniques-in-the-youthsecure-estate [accessed 30/10/2020] Article 39, March 2020, Article 39 challenges Ministry of Justice over pain-inducing restraint, https://article39.org. uk/2020/03/07/article-39-challenges-ministry-of-justice-over-pain-inducing-restraint/ [accessed 24/08/2020] UNCAT, June 2019, Concluding observations on the sixth periodic report of the United Kingdom of Great Britain and Northern Ireland, page 5. CQC, October 2020, Out of sight – who cares? A review of restraint, seclusion and segregation for autistic people and people with a learning disability and/or mental health condition, https://www.cqc.org.uk/sites/default/files/20201023_ rssreview_report.pdf [accessed 01/12/2020] CQC, May 2019, Interim report: Review of restraint, prolonged seclusion and segregation for people with a mental health problem, a learning disability and or autism, https://www.cqc.org.uk/publications/themed-work/interim-report-reviewrestraint-prolonged-seclusion-segregation-people [accessed 24/08/2020]