News

The landmark legal ruling that the Children Act 1989 applies to children under 18 held in young offenders institutions has to be welcomed because it is not only an enlightened move but also common sense. We know children held in custodial settings are vulnerable to heavy-handed treatment and feelings of isolation. We have had many reports from successive chief inspectors of prisons revealing poor conditions for young offenders, and statistics show a young prisoner commits suicide every 90 days.


But will this judgement in favour of the Howard League for Penal Reform ensure children are given the protection they deserve? The High Court ruled that local authorities have a statutory duty to ensure the provisions of the Children Act are upheld in YOIs. But YOIs are run by the prison service under the jurisdiction of the Home Office, and the judge held that the act does not impose any responsibilities on them.


So how is this going to work? Local authorities can liaise closely with the prison service to give social workers access to children in custody, but they will have no power to enact change. This sounds like a recipe for confusion and inaction, which the government must move to resolve or the Howard League's fine efforts will have been in vain.