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.
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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]
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