The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act.
Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties under the 1989 Act. The authorities duties continued notwithstanding the imprisonment, and therefore the Act continued to apply, in direct contradiction of the Prisons’ Handbook, but indirectly. Whether the duties were being complied with required to be assessed in the context of the treatment of a particular child. Munby J said: ‘human rights law imposes on the Prison Service enforceable obligations, that is, obligations enforceable by or on behalf of children in YOIs: (i) to have regard to the ‘welfare’ principle encapsulated in the UN Convention and the European Charter; and (ii) to take effective steps to protect children in YOIs from any ill-treatment, whether at the hands of Prison Service staff or of other inmates, of the type which engages either Arts 3 or 8 of the European Convention. ‘
Judges:
Munby J
Citations:
Times 05-Dec-2002, Gazette 16-Jan-2003, Gazette 23-Jan-2003, [2002] EWHC 2497 (Admin), [2003] 1 FLR 484
Links:
Statutes:
Children Act 1989 17 47, Prison Act 1952, Young Offender Institution Rules 2000 (2000 SI 3371), European Convention on Human Rights 8
Citing:
Cited – Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon Admn 18-Apr-1997
. .
Cited – In Re C (A Minor) (Medical Treatment: Court’s Jurisdiction); Re C (Detention: Medical Treatment) FD 21-Mar-1997
A children’s clinic is not secure accommodation, and the court may make orders for his or her treatment whilst in the clinic. The court discussed whether the state had power if necessary to detain a child using its parens patriae powers to give . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd QBD 1995
A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to . .
Cited – Payne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Cited by:
Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Cited – Secretary of State for the Home Department v SP CA 21-Dec-2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to . .
Cited – D, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under . .
Lists of cited by and citing cases may be incomplete.
Children, Prisons, Local Government, Human Rights
Updated: 06 June 2022; Ref: scu.178347
