Article 39 welcomes the publication of A Rapid Review of Safeguarding in Youth Custody and the government’s commitment to accept all 34 recommendations.
We particularly welcome the recommendation that all children in custody should have looked after status. Children in custody are living in closed institutions, often far from home, where there are heightened risks of abuse, isolation and unmet education, health and wellbeing needs. They should have the additional rights, safeguards and independent oversight that looked after status can bring.
We also welcome recommendations to strengthen safeguarding oversight, including ensuring LADOs are always notified of counter-corruption allegations involving children, and enabling trusted adults to raise formal complaints on children’s behalf, with children’s full involvement. These changes should help make children in custody more visible, better protected and better able to challenge harm. This should also help make the complaints process less intimidating and more accessible.
But the review misses a vital opportunity to confront one of the most serious safeguarding issues in youth custody: the continued use of pain-inducing restraint. The review states that it does not comment on “the appropriateness of restraint more generally or indeed the ethical concerns about pain-inducing techniques”. For Article 39, this cannot be separated from safeguarding.
Article 39 has always strongly opposed pain-inducing restraint. It is dangerous and an abuse of children’s rights. The Independent Inquiry into Child Sexual Abuse warned that these techniques can retraumatise children, make them more susceptible to further abuse, and create cultures of violence. It recommended that the government prohibit any technique that deliberately induces pain in custodial institutions where children are detained.
The review itself records that physical abuse was the most common category of harm in safeguarding referrals, with over half of those cases relating to restraint. Safeguarding reform in youth custody must face this. Ending pain-inducing restraint is not separate from safeguarding children; it is central to it.
Article 39 urges the government to implement the review’s recommendations and to commit to ending the use of pain-inducing restraint on children once and for all.

