Section one Context
as being from a black and minority ethnic
background.70 This was the highest rate
recorded in HMI Prisons’ surveys in YOIs.
Over this year there has been a spotlight on
conditions for children in detention in various
different settings. In April 2018, the Joint
Committee on Human Rights ( JCHR) began
an inquiry on youth detention focusing on
solitary confinement and restraint. Following
evidence about the inappropriate detention
of children and young people with learning
disabilities and/or autism in mental health
hospitals, it issued a further call for evidence
specific to this issue. The Committee found
that there was excessive use of separation
and restraint in hospitals and custody and that
the rights of children in detention are often
not enforced.71 It stated that ‘the systems in
hospitals and custody do not do enough to
ensure that children are sufficiently aware
of their rights and of how to appeal if their
rights have been breached’. The Committee
also concluded that ‘the deliberate infliction
of pain in [YOIs] is unacceptable under any
circumstances under rights legislation’. The
NPM shares this view and welcomes the
unequivocal stance from the JCHR. The
report calls for the prohibition of restraint for
maintaining ‘good order and discipline’ in all
but the most exceptional of circumstances.
The Children’s Commissioner for England
raised concerns about the steadily increasing
proportion of children remanded into
custody, and the worrying implication this
trend has for children’s rights. Children on
remand accounted for 28% of the entire
youth custody population and the majority
(66%) were not subsequently given a
prison sentence.72 The Commissioner also
challenged the increase in the number of
episodes of segregation in youth custody
in England and Wales over the past four
years, despite the overall number of children
detained having fallen.
Although not applying directly to places of
detention, Scotland’s Children and Young
People’s Commissioner has examined
seclusion and restraint practices in schools
and considered whether these constitute a
deprivation of liberty.73 The Commissioner
found varying practices in recording the
use of seclusion and restraint in schools
and that in some local authorities, children
may be subject to restraint and seclusion
without any policy or guidance in place to
support lawful and rights-compliant practice.
The Commissioner recommended that
the Scottish Government should publish a
rights-based national policy and guidance on
restraint and seclusion in schools.
70
HMI Prisons and Youth Justice Board, January 2019, Children in Custody 2017–18. An analysis of 12–18-year-olds’
perceptions of their experiences in secure training centres and young offender institutions. Further data is available
from Ministry of Justice, January 2020, Youth Justice Statistics 2018 to 2019, https://www.justiceinspectorates.gov.uk/
hmiprisons/wp-content/uploads/sites/4/2019/01/6.5164_HMI_Children-in-Custody-2017-18_A4_v10_web.pdf [accessed
04/02/20] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/862078/
youth-justice-statistics-bulletin-march-2019.pdf [accessed 05/12/19]
71
Joint Committee on Human Rights, April 2019, Youth detention: solitary confinement and restraint, Nineteenth Report of
Session 2017-19, https://publications.parliament.uk/pa/jt201719/jtselect/jtrights/994/994.pdf [accessed 05/12/19].
Note that the report was published in May 2019, outside the reporting period.
72
Ministry of Justice, January 2020, Youth Justice Statistics 2018 to 2019, https://www.gov.uk/government/statistics/youthjustice-statistics-2018-to-2019 [accessed 04/02/20]
73
Children and Young People’s Commissioner Scotland, December 2018, Restraint and Seclusion in Scotland’s schools:
Commissioner publishes first investigation report, https://www.cypcs.org.uk/news/in-the-news/restraint-and-seclusion-inscotlands-schools-commissioner-publishes-first-investigation-report [accessed 13/01/20]
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