The Children's Rights Alliance for England (CRAE) is taking its battle for justice for children abused in secure training centres (STCs) to the High Court. In the face of numerous revelations of unlawful and abusive restraint in these privately run child prisons, the charity says Government officials must go through restraint records to identify children who have suffered rights violations. Carolyne Willow, CRAE’s national co-ordinator, says:

We have tried everything possible to persuade Ministers that former child detainees who were unlawfully restrained in STCs should be given the opportunity to challenge their abusive treatment. These children were held in regimes where unlawful restraint and the brutal nose, rib and thumb “distractions” were common practice. Even the managers and the Youth Justice Board claimed to be confused about the law. It’s a disgrace that no attempt has been made to find these child victims. We are talking about hundreds, if not thousands, of children.

CRAE has filed papers with the High Court seeking a judicial review of the Justice Secretary’s refusal to identify and make contact with children who may have been unlawfully restrained, falling into the following categories:

• Children who were subjected to “distractions” or other deliberately painful compliance techniques in an STC. The “distractions” involve a severe blow to the nose or ribs, and forcefully pulling back a child’s thumb;
• Children injured during restraint in an STC;
• Children who complained of difficulty breathing and/or were provided with oxygen as a result of restraint in an STC;
• Children who made any restraint related complaints whilst held in an STC;
• Children restrained by a member of STC staff who was subsequently disciplined, suspended or dismissed following a restraint incident.

The second inquest into the death of 14 year-old Adam Rickwood concluded two weeks ago and found there was serious system failure giving rise to an unlawful regime at Hassockfield STC. Adam was subject to the violent nose “distraction” hours before he hanged himself; his swollen nose bled for an hour afterwards. He left a note in his room asking 'What gives them the right to hit a child in the nose?’

The inquest into the death following restraint of 15 year-old Gareth Myatt at Rainsbrook STC revealed a deeply violent culture. Staff gave each other nicknames such as “crusher”, “clubber” and “mauler”; and children subject to the most restraints were labelled “winners”. The jury also found the lack of monitoring by both the YJB and Rebound (part of G4S, formerly Group 4 Securicor) caused or contributed to Gareth’s death.

Past reviews commissioned by the YJB uncovered widespread unlawful practice. A 2004 review undertaken by the former Head of the Juvenile Panel of the Prison Service, David Waplington, found children were routinely subject to restraint to gain compliance, in contravention of the legal rules governing STCs. Questions in parliament last year revealed that 28 members of staff in STCs were disciplined, suspended or dismissed following a restraint incident between 2006 and 2010 (though the records were incomplete for one of those years). The review of restraint established by the former Government in 2007 found instances of unauthorised restraint in STCs – three years after the deaths of Gareth Myatt and Adam Rickwood. Yet no attempts have been made to alert victims to their rights under domestic and international law.
 
CRAE itself obtained information in 2005 showing endemic use of the violent nose, rib and thumb “distractions” – severe techniques that can only ever be justified in law in extreme situations, such as when a child or member of staff’s life is endangered.  In 2009, a report from the European Committee for the Prevention of Torture urged the UK Government to ban all child restraint methods that deliberately set out to inflict pain. The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, says he is not aware of any other member state that sanctions the use of deliberate pain as a method of restraining a child.

Carolyne Willow adds:

Children have been systematically abused under the watch of the YJB and others who should have protected them. The very least the authorities can now do is check through their records and identify children who were unlawfully restrained and help them seek redress. We drafted a letter ourselves to children but the STC Directors, the YJB and Ministers refused to pass it on. The continuing attempt to cover up what has been happening in these so-called purpose built centres is an injustice to all the children who were unlawfully and abusively restrained. The lack of transparency, accountability and willingness to face up to the full extent of abuse are obstacles to making sure children’s rights are properly protected in future.