Tag: Children’s rights

End child imprisonment

A joint campaign to end child imprisonment – run by a steering group of Article 39, the Centre for Crime and Justice Studies, Howard League for Penal Reform, INQUEST, Just for Kids Law, the National Association for Youth Justice and the Standing Committee for Youth Justice with leading independent experts – launches a week of action today.

We begin with a new mini-documentary produced by The Open University and will launch a joint publication at the end of the week.

The week of action is timed to mark the 15th anniversary of the death of Gareth Myatt. It follows February’s report from the Independent Inquiry into Child Sexual Abuse. The inquiry’s Chair Alexis Jay said she is “deeply disturbed by the continuing problem of child sexual abuse in these institutions over the last decade. It is clear these children, who are some of the most vulnerable in society, are still at risk of sexual abuse.

Gareth Myatt loved riding his bike and watching South Park and the Simpsons. He was academically very able and his favourite game was chess.


Fifteen years ago, on 19 April 2004, Gareth Myatt was fatally restrained by three officers in Rainsbrook secure training centre in Northamptonshire. Gareth was aged 15; he weighed just 6½ stone and stood less than five feet tall.


Medway child prison will be site of experimental secure school, despite history of failure to protect children

Last month, Article 39 and 35 others wrote jointly to the Ministers responsible for child protection and child prisons urging them to abandon plans to open an experimental secure school on the site of Medway secure training centre.

A serious case review showed substantial failure both within the institution, and among local and national agencies, to keep children safe. This was followed by an inspection report, published on 29 January 2019, which revealed children had been recently unlawfully inflicted with pain as a form of restraint. The secure training centre transferred from G4S to Ministry of Justice management in July 2016.

We received a letter this week – see below – from Edward Argar MP, responsible for child prisons. He said he was also replying on behalf of Nadhim Zahawi MP, whose Ministerial portfolio includes child protection and safeguarding vulnerable children.

Given our joint letter was wholly about the safety and welfare of very vulnerable children, many of them in the care system, it is very disappointing that Minister Zahawi did not, at the very least, countersign the letter.

But the most astonishing part of the response is the Government’s explanation for using Medway secure training centre as its first experimental secure school:

“Medway STC stood out for several reasons – including location, our ownership of the site and the absence of any need to go through a potentially protracted and expensive planning application.”

Edward Argar MP, Youth Justice Minister

On location, official data published by the Ministry of Justice shows 58 children from the South East region of England were detained in December 2018. However, 228 children were detained within the region – meaning that 170 children were from outside the area. Over a quarter (27%) of children in custody are sent to the South East region. The Government’s own data therefore shows that extra provision is not required in this location.

Moreover, one of the documents produced by the Ministry of Justice to encourage companies to apply to run the first experimental secure school notes that there are no secure settings in England’s Eastern region – yet 77 children from that area are detained, according to latest figures.

That the Ministry of Justice owns the prison site has no credibility as a reason for choosing it as the place to pilot an institution meant to be completely different from existing child prisons.

There is a very long history of the prison service’s ownership of land, as opposed to children’s needs, determining where institutions are built. The location of Medway secure training centre itself was selected in the late 1990s because the prison service ran the nearby Cookham Wood young offender institution and Rochester prison.

Prior to its opening in 1998, Medway secure training centre was known as Cookham Wood secure training centre – showing its links to the adjacent prison. Its other neighbouring prison, Rochester, was once called Borstal prison, and was the site of the first ever experimental child prison – which opened in 1902.

Similarly, the Government’s avoidance of having to “go through a potentially protracted and expensive planning application” makes no sense if Ministers genuinely want to abandon penal institutions for children. Whenever a local authority or health body wishes to open a new residential service, for children or adults, they must go through the planning process.

Article 39’s Director, Carolyne Willow, said:

“The Minister’s response signals his department continues to be trapped in a cycle of failure with the perpetual remodelling of child prisons. The first experiment in child prisons started in the same geographical location as the planned secure school. That was 117 years ago.

“If Ministers are truly behind replacing young offender institutions and secure training centres, they must surrender their dependence on prison land and prison property.

“And if they genuinely want secure schools to be secure children’s homes, as their promotional literature says, then why not build upon and develop the best of existing provision run by local authorities as part of their wider services to children and families?”

The Minister’s letter can be read here.
Our joint letter to the minister can be read here.

In December 2016, the Government announced it shares the long-term vision of Charlie Taylor (Chair of Youth Justice Board) to replace juvenile young offender institutions and secure training centres with secure schools.

Pain-inducing restraint of vulnerable children: legal challenge on hold

Adam Rickwood photograph
Adam Rickwood hanged himself in 2004, aged 14, after Serco officers unlawfully restrained him – including by striking him in the nose. The ‘nose distraction’ was then an authorised restraint technique.

Article 39’s application for permission to apply for judicial review of the authorisation of pain-inducing restraint on children has been stayed pending the Charlie Taylor Review and the report of the Parliamentary Joint Committee on Human Rights.

This means we can return to court should children’s human rights continue to be breached after both investigations have concluded.

With financial backing from 196 donors, we have been challenging the Ministry of Justice’s authorisation of pain-inducing restraint during detained children’s journeys to and from secure children’s homes. GEOAmey holds the contract for prisoner and secure escorts. 

We have argued that the Government’s policy breaches children’s rights to protection from inhuman and degrading treatment or punishment, and to protection from discrimination, under Articles 3 and 14 of the European Convention on Human Rights. Pain-inducing restraint within secure children’s homes is banned. 

We are also pressing for clear and public rules setting out when children may be restrained during their journeys to and from places of detention. 

Our challenge led the Ministry of Justice to review its policy on pain-inducing restraint during children’s journeys to and from custody. It then committed to a much wider review of pain-inducing restraint across young offender institutions, secure training centres and secure children’s homes – as well as the escorting process. This is being undertaken by Charlie Taylor and is expected to report no later than Summer 2019.

Parliament’s Joint Committee on Human Rights is also conducting an inquiry into the solitary confinement and restraint of children in custody. The Committee recommended the abolition of pain-inducing restraint techniques in children’s custodial institutions in 2008 and 2009. Since then the European Committee for the Prevention of Torture, the UN Committee on the Rights of the Child and the UN Committee Against Torture have all urged the withdrawal of these harmful techniques.

Article 39’s Director, Carolyne Willow, said:

“With the Charlie Taylor Review, this is the first time Ministers have commissioned a stand-alone investigation of the deliberate infliction of pain on vulnerable children. This has only happened because of our legal challenge, and we are extremely grateful to all those who donated funds and to our excellent legal team.  

“This year is the fifteenth anniversary of the death of Adam Rickwood, a 14-year-old boy who hanged himself after officers deliberately assaulted him in the nose – which was then an authorised method of restraint. A second inquest into his death found he had been unlawfully restrained. 

“It’s been a very long wait to get this basic child protection, where members of staff are not allowed to strike a child in the name of restraint, but we are now the closest we have ever been.

“There is no question that we will return to court should the Charlie Taylor and Joint Committee on Human Rights’ reviews not result in children receiving the protection to which they are entitled.”

Article 39 is represented by Mark Scott, Partner at Bhatt Murphy Solicitors, and Dan Squires QC and Tamara Jaber from Matrix Chambers.

Article 39 to set up national advocates network

In July 2018, Article 39 conducted an online survey of independent advocates in England. The findings give insight into their experiences, their workload and challenges, the groups of children they work with and what would help advocates give the best help to children and young people.

Article 39’s Assistant Director, Helen Donohoe, said:

“This survey reinforces our previous concerns that the provision of independent advocacy for vulnerable children and young people in England is inconsistent and disjointed. The results also show unequivocal support for a form of training from Article 39 and greater peer-to-peer connection and support. In response to that we will launch a nationwide advocates network in early 2019.”

Read the survey report here: Article 39 The 2018 survey of independent advocates.

Article 39 and The Care Leavers’ Association join forces to defend child protection rights in the Supreme Court

13 July 2018
Article 39 and The Care Leavers’ Association have been granted permission to intervene in a case (CN v Poole), which will be heard in the Supreme Court on 16/17 July.

We jointly applied to intervene because we are extremely concerned about justice being denied to the children, young people and adults we serve. We believe the wrong decision in this case could prevent those who have experienced abuse in care and custodial settings from being able to seek legal redress and compensation.

In December 2017 the Court of Appeal dismissed an appeal made on behalf of two individuals who, as young children, were subject to serious harassment and abuse from a family that lived close to their home.

The children were cared for by their mother. Their accommodation had been arranged by Poole housing authority, which was aware of their neighbours’ persistent anti-social behaviour.

CN has severe physical and learning difficulties. When he was aged 9, he tried to take his own life because of the serious abuse he suffered from the nearby family.

The Court of Appeal rejected arguments that Poole Borough Council should have used its Children Act 1989 powers to protect the young brothers from harm, perhaps even by temporarily moving them from their mother’s care.

But the court went much further. It decided that local authorities can no longer be held liable for negligence when a child has suffered harm due to their failure to act. Such claims had been possible since 2003.

Article 39 has longstanding concerns about the difficulties children in institutional settings face in reporting abuse, being believed and receiving care and support to help them recover from mistreatment.

We asked all English local authorities to provide us with information about allegations against staff working in institutional settings. Of those that provided detailed data – 34 councils – we found that only 24% of 1,389 allegations resulted in an official child protection investigation.[i]

When councils undertake child protection investigations they are under a duty to listen to the child. They must consider taking action to safeguard or promote the child’s welfare. A child who has been abused or suffered some other trauma may need counselling, extra help with their education and/or changes within their living environment and daily care. If councils fail to act to protect a child from institutional abuse, this can have devastating and long-lasting consequences.

The Care Leavers Association has numerous first-hand accounts from adult care leavers of abuse they have experienced as children in the care system. Over recent decades there have been many enquiries focusing on such abuse of looked after children. Such abuse – whether physical, sexual, emotional or through neglect – can have severe effects on a person, both at the time and throughout their later adult life.

If the Court of Appeal’s decision is upheld by the Supreme Court it could, at its worst, remove the duty of care from local authorities in respect of all child protection functions. This would have a disproportionate effect on looked after children, and on adults who were in care or custody as children. We need to revert to the 2003 position to ensure accountability where professionals and organisations failed to take appropriate action to prevent or stop abuse. Being able to pursue a claim for negligence can achieve a real sense of justice and provide a route to some financial compensation that helps to address the long-term consequences of abuse in childhood.

Carolyne Willow, Article 39’s Director, said:

“We are delighted to have been given permission to intervene in this very significant case. With The Care Leavers’ Association, we want to help the court consider local authorities’ obligations under the Convention on the Rights of the Child and to understand the terrible impact that abuse can have on children, especially when they have tried to seek help but are ignored and left to cope alone with profound psychological pain, isolation and confusion. We appreciate that local authorities are under great financial strain but children’s rights to safety and recovery must be robustly defended.”

David Graham, National Director of The Care Leavers’ Association, said:

It is incomprehensible that a local authority would not face the legal consequences for not doing enough to prevent abuse and neglect to young people in care. But the important thing to remember is this is not just about blame, or legal outcomes. It is about the lives of many young people and adults affected by abuse and neglect experienced as children. It is essential that they have legal recourse to challenge the decisions and omissions that facilitated those damaging experiences. We are determined to work with Article 39 and our legal team to right this wrong.”

[i] Undertaken under Section 47 the Children Act 1989. Section 47 requires local authorities who have reasonable cause to suspect that a child in their area is suffering, or is likely to suffer, significant harm, to make enquiries to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. Article 39’s freedom of information request was made in 2015 and local authorities were asked to provide data for the preceding three years.

Article 39 and The Care Leavers’ Association are represented by Oliver Studdert and Peter Garsden from Simpson Millar Solicitors and Aswini Weereratne QC, Caoilfhionn Gallagher QC and Nicholas Brown from Doughty Street Chambers.

PLEASE NOTE: If you have been abused in care or custody, or anywhere else, the criminal law has not changed and your right to bring a claim under the Human Rights Act 1998 is also not affected by this case.