The Court of Appeal has quashed government rules extending the
use of physical restraint on young offenders in secure training
centres.
Judges threw out the rules - passed last year - which allowed
restraint, including painful techniques such as pulling back
thumbs, to be used to maintain "good order and discipline".
This means restraint will once again only be lawful to prevent
trainees escaping, damaging property or harming themselves or
others.
MoJ to appeal
The Ministry of Justice immediately announced it would consider
appealing the decision.
The judgement came in a judicial review brought by a young
person, known as AC, who was remanded to an STC. In a previous
hearing in February, the High Court ruled that the MoJ breached its
legal duties to consult children's commissioner for England Al
Aynsley-Green and carry out a race equality impact assessment on
the rule change.
Unlike the High Court, the Court of Appeal ruled that this was
sufficient to quash the rules. It also found that they breached
articles three and eight of the European Convention on Human Rights
- the rights to be protected against torture or inhuman treatment
and to a private life.
Myatt and Rickwood inquests
Last year's rule change followed inquests into the deaths of
Gareth Myatt and Adam Rickwood in Rainsbrook and Hassockfield STCs,
both of which raised serious concerns over the use of restraint.
Gareth died in 2004 while being restrained by three staff and Adam
killed himself in the same year after being restrained when he
refused to go to his room.
Howard League for Penal Reform director Frances Crook welcomed
this week's ruling, adding: "Allowing staff to use violence and
inflict pain to restrain children merely to ensure 'good order and
discipline' gives carte blanche for dangerous techniques to be used
at any opportunity."
An MoJ spokesperson said: "Maintaining good order and discipline
at a secure establishment is essential if those who live and work
there are to be kept safe."
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Expert guide to youth justice and the Youth Justice Board
More information
Youth Justice Board - information on secure training
centres