Appendix Four
Terms of reference for the Children and
Young People’s sub-group
Introduction
Since its establishment in 2009 the bodies
that make up the UK NPM have monitored
whether the UK government meets its UN
Treaty obligations regarding the treatment of
anyone held in any form of custody.
Children and young people are considered a
part of NPM’s work alongside the treatment of
adults and the NPM’s regular business meetings
have included child-centred discussions.
However, business meetings provide limited
capacity to have regular specialist discussion.
As a result the NPM membership agreed
in 2013 to establish a specialist sub-group
to focus on children and young people. This
group would provide the capacity for those
with expertise and experience of working
with children and young people to support
the wider NPM with specialist advice,
information and recommendations.
Background
Children and young people under 18 represent
a tiny minority of people in detention in the
UK. They are vulnerable both because of
their age and capacity, and because they are
detained. Many will also have faced difficult
experiences in their lives before detention.
Children in detention also have additional
rights and protections, set out in the UN
Convention on the Rights of the Child and
other international instruments, as well as in
domestic law.
Children are detained in a variety of settings
across the different jurisdictions of the UK.
This can make it hard for NPM members to
identify common challenges, share good
practice and make recommendations.
By focusing on the specific needs of children
and young people in detention, this sub-group
will support the NPM to fulfil its preventive
role51 through sharing good practice on visits
and inspections, a holistic and system-wide
analysis of the situations where children
are at risk of ill-treatment, and making
recommendations designed to improve policy
and practice for children in detention.
Chairing, reporting and membership
The NPM sub-group will be chaired by the
Deputy Children’s Commissioner for England,
with support from the OCC.
It will report to the NPM steering group, and
meet three times a year. These meetings
will be coordinated with the steering group
meetings.
The sub-group will be open to NPM members
with an interest in the rights of children and
young people in detention, across a range
of settings.
51 See guidance in Optional Protocol to the UN Convention against Torture: Implementation Manual, Chapter V - Operational
Functioning of NPMs.
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