House of Lords dismisses Government appeal on child restraint in custody
The House of Lords has refused the Government permission to appeal
against the Court of Appeal's judgment in July 2008 which quashed new
rules introduced by the Government allowing the restraint of children
in secure training centres for the purpose of ensuring good order and
discipline.
Dismissing the Government's application, the Lords commented that it did not 'raise
any arguable point of law of general public importance which ought to
be considered by the House at this time, bearing in mind that the cause
has already been the subject of judicial decision and reviewed on
appeal.'
The House of Lords' decision
confirms that potentially hundreds of children have been treated
unlawfully and will be eligible for compensation. CRAE has previously
tried to get human rights information directly to children in secure
training centres. The centre directors, in discussion with the Youth
Justice Board and supported by Ministers, have refused to pass on our
letters to children.
Carolyne Willow said:
'It was shameful of the Government to try to appeal against this judgment and we are delighted with the House of Lords' decision. We now expect Ministers to stand up to the private companies running these child prisons and hold them accountable for their unlawful actions against children.'
The case was brought by a child, AC,
represented by Mark Scott of Bhatt Murphy solicitors. CRAE has
supported the case throughout, working closely with the NSPCC, INQUEST,
the Howard League for Penal Reform and Liberty.
The Government is expected to publish a major report on the restraint of children in custody on 11 December.

