Section Four National Preventive Mechanism member profiles
and it recommended that detention be
ended and alternatives developed. The OCC
also expressed concern about the care and
treatment received by children in detention,
including:
• the process of arrest and conditions during
transportation to the detention facility,
which the majority of children found
upsetting and frightening
• evidence from children that control and
restraint were sometimes used on them
• the need for improved emotional support
or counselling
• the need to ensure health care received
within the facility is of the same standard
as that received in the community
• the need for improved services for
pregnant and nursing women.
The report made multiple recommendations
and these were followed up in another
visit to Yarl’s Wood, a report of which
was published in February 2010.31 While
welcoming significant changes to policy
and practice and an improvement in the
physical environment of the facility, the
OCC nonetheless reiterated the view that
detention is never likely to be in children’s
best interests and cited growing evidence
that detention has a profound and negative
impact on them.
As well as publishing reports of visits, the
OCC has commented on law and policy
affecting children in detention, in line with
Article 19(c) of OPCAT. For example, in 2009,
the OCC commented on statutory guidance
which would supplement a new duty on the
government agency responsible for enforcing
immigration law to safeguard and promote
the welfare of children.
In 2009–10, the OCC also undertook work
into the conditions of young offenders
detained in custody. It visited a number of
secure establishments to interview young
people about the conditions and treatment
they experienced. More detailed work has
begun on examining the provision of mental
health services to ensure the needs of very
vulnerable young people in custody are
addressed.
Looking forward
Following an announcement by the
government that it intends to end the
detention of children and young people for
immigration purposes, the OCC will work to
ensure that this commitment is realised and
that the immigration system better reflects
human rights standards.
The treatment of those young people
detained in the youth justice system will
continue to be a priority over the coming
year as the OCC visits establishments. It will
complete a detailed review of the mental
health needs of young people in custody
and how these are being addressed. The
complaints processes available for young
people in custody will also be monitored.
31 Children’s Commissioner, The Children’s Commissioner for England’s follow up report to the arrest and detention of children
subject to immigration control (2010).
37
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