The high court has granted a judicial review into the alleged failure of the Home Office to implement the provisions of the Children Act 1989 in young offenders' institutions.
The Howard League for Penal Reform lodged a claim for the judicial review last month after they produced research showing that children in custody are not being protected from bullying, assault and self-harm.
Four 16-year-olds have committed suicide in prison since January 2000 and there were 554 recorded incidents of self-harm by young people in prisons between April 2000 and November 2001.
Since the claim was lodged, the high court has received a supported statement from former chief inspector of prisons Sir David Ramsbotham, and a damning report on Onley Young Offenders' Institution by the current chief inspector of prisons, Anne Owers.
"Overall, we felt that Onley was a long way from providing a safe environment for all its young people; indeed for some vulnerable children we did not believe that it would have met the requirements of the Children Act," Owers said in the inspection report of Onley YOI.
"There were also no proper child protection procedures in place," she added.
Mr Justice Silber granted permission after considering the papers from the Home Office and the Howard League.
The next step is a full oral hearing of the arguments, expected in July.
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