Social services leaders campaign for law change after sentence on violent teenager revoked

Social work chiefs are to lobby the home office to close a legal
loophole preventing a court from imposing a detention and training
order on a teenage girl who head-butted and punched two staff at a
secure children’s home.

The 15-year-old, known as N, who is serving a four-year-sentence
for false imprisonment and assault, was originally sentenced to an
extra eight months for causing affray at Stamford House, West
London.

But last week district judge Justin Philips had to overturn his
own ruling after realising that a previous court of appeal case
meant that an extra detention and training order could not be
imposed.

Judge Philips said he did so under protest: ‘This court
views with abhorrence the message which will circulate to detainees
and their detainers.’

The Association of Directors of Social Services is appealing to
the Youth Justice Board, while Hammersmith and Fulham Council is to
lobby the home office to close the loophole.

Robert Lake, ADSS spokesperson on secure units, said: ‘It
sounds like the court has been disempowered from doing anything
about assaults on staff. I would be very worried for staff in my
own secure unit if there is no effective sanction by the court.
What the judge is saying is that it gives license to these young
people to do what they like.

‘Our work with young offenders on getting them to
understand the consequences of their behavior is essential –
it’s part of their treatment programme. Staff within the
secure estate are amazing people and the law should be there to
protect them.’

Geoff Alltimes, social services director at Hammersmith and
Fulham Council, said: ‘Staff at Stamford House work with some
of the country’s most challenging young people. Many come
from violent backgrounds, but we feel strongly that their previous
criminal behavior should not continue unchecked whilst in our
care.

‘We understand, but do not accept the court’s
decision to drop the original sentence, and will be lobbying the
government to ensure that the loophole is closed for
good.’

Angus MacKay, project director of London Secure Services which
runs Stamford House, warned that the ruling made it unlikely that
they would accept further placements of young people with a history
of assaulting staff.

‘Previously we would have taken them,’ he said.
‘Now people will be reluctant to take them on when they know
there’s not that support or sanction available.

‘It may mean additional funding is needed to work with
them, in terms of psychological and psychiatric support.’

Mr McKay said assaults on staff at the unit were lower than in
young offenders institutions. ‘Our work is about engagement
with young people and building a positive relationship.’

The court heard that N head-butted staff member Declan Flanagan
as she was being escorted with five other girls back from an
exercise yard in January.

When Mr Flanagan’s colleague, Michael Reilly tried to
restrain another girl, N punched him in the face. She has since
been transferred from Stamford House.

N was sent to Stamford House for the kidnap and torture of a
13-year-old girl in Scarborough.

The victim was beaten and doused with hot coffee, then had her
hair hacked off with scissors and removed with depilatory cream, in
a revenge attack for the girl giving evidence in another court
case.