Section 2. Background to the report
of staff, and the behaviour and competence of the children to make representations at that
moment in time.
If the governor decides that the child can be given the opportunity to make representations,
that opportunity must be given.
The governor must also consider the help that advocacy services can give to a child when
making representations.
If the governor decides that representations should not be allowed, this should be recorded
defensibly to allow for challenge at a later stage.
The child should be given the opportunity to make representations after being segregated.
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Special (unfurnished) accommodation: special accommodation is only used to hold, for the shortest
time necessary, a violent or refractory prisoner to prevent that prisoner injuring themselves or
others. Special accommodation should not be used as a punishment. Additional precautionary
measures are in place to care for prisoners at risk of suicide and self-harm who are located in special
accommodation.
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When children are located in special accommodation in the segregation unit, staff must
consider allowing them to make representations against segregation.
Establishments should make contact with the head of placements (Youth Justice Board in the
PSI, now Youth Custody Service) and the named youth offending team (YOT) whenever a
child is located in special accommodation. The establishment’s social worker should also be
contacted to visit the child.
In 2007 the ‘young people’s group’ was working with the Youth Justice Board (YJB) to develop
a central policy on ‘calm-down’ rooms. If a child is locked in accommodation for behavioural
reasons, and that accommodation has had any one of the standard accommodation furniture,
bedding and sanitation items removed in the interests of safety, then the procedures for
special accommodation must apply.
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2.6
Additional guidance to YOIs is provided in the joint Ministry of Justice, NHS England, HMPPS
and YCS policy document Building Bridges: A Positive Behaviour Framework for the Children and
Young People Secure Estate, which was published in March 2019.6 The document provides
additional guidance for the separation of children.
Building Bridges: A Positive Behaviour Framework for the Children and Young People Secure
Estate (2019)
5.20 Removing children and young people from their normal location, or separating them from their peers,
should only be used as a last resort and where this is the best approach to meeting the needs of that
young person and/or to managing risks posed to other children, young people and staff. It should:
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6
be proportionate to the child or young person’s needs and risks;
be authorised by a senior member of staff;
be reviewed frequently to ensure they are still justified;
be followed by efforts to help the young person understand why the action was taken;
be followed by a plan for reintegration, which should take place as soon as possible;
continue to provide access to regime activities, particularly education;
MOJ, NHS England, HMPPS and YCS (2019). Building Bridges: A Positive Behaviour Framework for the Children and Young
People Secure Estate. Available at
<https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789861/buildingbridges-positive-behaviour-framework.pdf> accessed 24 October 2019.
Separation of children in young offender institutions
13
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