News

The police have no right to forcefully escort a child under the age of 16 home simply for being in a dispersal area, the High Court has ruled.

Backing the legal challenge to the policy by 15-year-old 'W' from Richmond, Lord Justice Brooke said the Antisocial Behaviour Act 2003 merely allowed the police to take a law-abiding under-16 home with their consent.

"It therefore confers no power on the police or a community support officer to interfere with the movements of someone under the age of 16 who is conducting himself lawfully within a dispersal area between the hours of 9pm and 6am," he concluded.

James Welch, legal director at human rights organisation Liberty, which backed the challenge, said the ruling confirmed Liberty's view that "it should never be a crime just to be a child".

However, Tony Arbour, the leader of Richmond Council, said the ruling deprived the police of a valuable tool for combating antisocial behaviour and sent out the wrong message to the community and "potential young yobs".

The Home Office said it believed the police should have "reasonable force" to take children home against their will and would be appealing against the ruling.