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A high court case to secure more protection for children in prison has been delayed to allow national and local social services bodies the chance to make submissions, writes Clare Jerrom.

The Howard League for Penal Reform hoped to begin the case on Monday to challenge the home office refusal to apply the Children Act 1989 to prisons. The charity believes children in prisons are routinely treated in ways that in other circumstances would trigger a child protection investigation for abuse.

But Mr Justice Crane decided that the case should be put back to allow national and local social services authorities, including the department of health, to have their input in a matter that he said would have a "profound effect" on their function and resources.

The case, which is backed by six national children’s charities and the former chief inspector of prisons Sir David Ramsbotham, is unlikely to be heard before October.

Meanwhile, The Children’s Society, which is one of the charities backing the case, has raised concerns over the introduction of section 130 of the Criminal Justice and Police Act 2001, which is due to be implemented nationwide on September 16.

The charity claims the new law allows courts to remand in custody younger children for less serious offences, if they are considered to be ‘persistent’ offenders.

The Children’s Society says the number of children on remand in prison has increased since the law was implemented in April and piloted in 10 areas.

The charity's research has shown that of children on remand, half will eventually have their cases dismissed, or discontinued, be found not guilty or be given a non-custodial sentence at the end of their time on remand.