Children’s rights legal digest – August 2021

In late July, the Supreme Court ruled on the use of the inherent jurisdiction of the High Court in cases where a local authority seeks authorisation to deprive a child of their liberty in accommodation that has not been approved for this purpose. The case was brought by T, a young woman whose deprivation of … Read more

Children’s rights legal digest – April 2021

Article 5 of the European Convention on Human Rights, which has been incorporated into English law under the Human Rights Act 1998, states that everyone has the right to liberty and can only be deprived of this in limited circumstances and subject to strict legal procedures. Not having arbitrary restrictions placed on your movement is … Read more

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