Yesterday, Green MP Caroline Lucas asked the Justice Secretary whether there should be a ban on corporal punishment in privately-run child prisons and young offender institutions, following the release of the Physical Control in Care Manual to CRAE. She also probed whether Ministers plan to establish a public inquiry to investigate the extent to which children's rights under Article 3 of the European Convention on Human Rights have been upheld:

Caroline Lucas (Brighton, Pavilion) (Green): Following the revelations at the weekend that some quite shocking restraint methods are authorised in the “Physical Control in Care” manual for use by staff in secure training centres for children, will the Secretary of State introduce an explicit ban on corporal punishment in secure training centres and other youth offender institutions? Will he establish a public inquiry, chaired by a member of the judiciary, to establish the compatibility of practices in secure training centres with article 3 of the European convention on human rights?

Mr Kenneth Clarke: Of course, we keep under review the very careful guidance about the use of restraint techniques in those circumstances, and it is a matter of regret that such guidance has to be issued. However, the hon. Lady should bear it in mind that we are talking about children and young people, some of whom are much bigger than I am and who probably have a problem with drug abuse and a history of violent crime. The completely unarmed staff have to be given some instructions in how to control those young people when they are getting out of control and it is not always easy or possible to use totally restrained methods.

The PCC Manual relates to children held in secure training centres. The Youth Justice Board, which is in charge of placing children, continues to state on its website that:

STCs house vulnerable young people who are sentenced to custody or remanded to secure accommodation.  They provide a secure environment where they can be educated and rehabilitated.  They differ from young offender institutions (YOIs) in that they have a higher staff to young offender ratio and are smaller in size, which means that individuals' needs can be met more easily…

In May 2010, the YJB released figures on the numbers and reasons of children admitted to custody in 2008/09. Of 6,720 children sentenced to custody in 2008/09:

• A quarter were convicted of violence against the person
• Less than a quarter were convicted of robbery 
• 13% were incarcerated because of breach of statutory orders 
• 12% were incarcerated following domestic burglary

Under international law, children must only ever be imprisoned as a very last resort and for the shortest possible period. Carolyne Willow, CRAE's national co-ordinator, says:

'I suppose we have to see it as a small improvement that the Justice Secretary says children "probably" have drug problems and histories of violent crime. Former Ministers presented this kind of information as if it was complete fact. It is certainly something the directors of the privately-run child prisons emphasise. There is an alternative picture, based on official statistics and research - that a high proportion of children in custody have endured child abuse, have very low literacy and numeracy skills, mental health disorders and are often coping with bereavement and loss. Also, that when they are interviewed about the use of restraint and force they communicate fear, distress, anger, physical pain and deep feelings of humiliation. Furthermore, there is growing evidence, from inquests into the circumstances surrounding the restraint-related deaths of two children in two of the four privately-run child prisons, as well as associated court cases, that unlawful force has been used frequently.'