Children in detention in the UK are extremely
vulnerable – by virtue of their age and
capacity; their detained status; and in
many cases, individual characteristics such
as mental illness, neurodisability,18 prior
estrangement from parents/carers (for
example, as a result of care proceedings or
unaccompanied/separated migration to the
UK) or experiencing abuse or neglect. They
are detained in a variety of settings including
youth justice custody, police detention,
secure forensic mental health facilities,
secure care, and, in the immigration context,
at port, in short-term holding facilities and
in immigration removal. Even within some
of the individual categories there is much
variation in the type of setting – with some
being designed specifically for children (or,
in immigration removal, families) and others
adapted from an adult model.
It is a complex picture and the NPM must
meet the challenge of ensuring that
cruel, inhuman and degrading treatment
and punishment is prevented in all these
settings. International law recognises the
particular status, needs and vulnerabilities of
detained children by specific guarantees that
operate in addition to the UN Convention
Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (UNCAT)
and its Optional Protocol, and other general
human rights treaties.
NPM oversight for these settings is led
by a number of different NPM members
responsible for their inspection: in England
alone, this includes HMIP and IMBs for
young offender institutions, immigration
detention and court custody; Her Majesty’s
Inspectorate of Constabulary (HMIC) and
HMIP jointly for police custody; Ofsted and
HMIP jointly for secure training centres;
Ofsted for secure children’s homes; the CQC
for secure forensic mental health facilities
and other child and adolescent mental
health services19. The different lay visiting
organisations again have responsibility for
different institutions. Other NPM members,
including the OCC, have a function that
includes visits to different settings – but may
not replicate the inspectorates’ functions.
18 Office of the Children’s Commissioner (2012) Nobody made the connection: The prevalence of neurodisability in young
people who offend. London: Office of the Children’s Commissioner. At: http://www.childrenscommissioner.gov.uk/content/
publications/content_633
19 Ofsted and CQC have a role in inspecting education and health provision, respectively, in settings where another NPM
member is the primary inspectorate.
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