Children’s rights legal digest – May 2020

We look at the ‘public sector equality duty’ by referencing two recent cases where failure to adequately consider and monitor the impact of policies was challenges as discriminatory against people with protected characteristics. We also zoom in on a case which drew attention to the nationwide shortage of secure accommodation for children and young people. High Court judgment shines … Read more

No reduction in use of prison custody for children

Statistics released by the Ministry of Justice and the Youth Justice Board over the Easter break show 9 out of 10 children in custody continue to be held in prison environments. Data for 2016/17 shows 89% of children remanded or held in custody after sentencing were placed in either young offender institutions (YOIs) or secure … Read more

MPs urged to challenge changes to secure accommodation

Article 39 continues to challenge changes pushed through House of Commons Committee stage, which will allow looked after children from England to be detained in secure accommodation in Scotland on welfare grounds. The changes to the Children Act 1989 were tabled by Children’s Minister Edward Timpson MP in December 2016, as amendments to the Children … Read more

Sad day for children’s rights

Members of Parliament on the Committee scrutinising the Children and Social Work Bill have voted to allow the exemption clauses back in. These will allow individual councils to be excused from any number of legal duties towards vulnerable children and young people for up to six years. The Children’s Minister repeated today that the purpose … Read more

Two-year limit urged on legal change to secure accommodation

Article 39 is supporting an amendment to the Children and Social Work Bill, which would force a review of expected changes to the law on placing looked after children in secure accommodation in Scotland. Since the introduction of secure units more than 30 years ago, the law has required that looked after children only be … Read more