Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

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. ‘


Munby J


Times 05-Dec-2002, Gazette 16-Jan-2003, Gazette 23-Jan-2003, [2002] EWHC 2497 (Admin), [2003] 1 FLR 484




Children Act 1989 17 47, Prison Act 1952, Young Offender Institution Rules 2000 (2000 SI 3371), European Convention on Human Rights 8


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. .
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Cited by:

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CitedD, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
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Lists of cited by and citing cases may be incomplete.

Children, Prisons, Local Government, Human Rights

Updated: 06 June 2022; Ref: scu.178347