28 July 2008
The Equality and Human Rights Commission today demanded that the Ministry of Justice overhaul its child restraint rules after the Court of Appeal agreed they could lead to “inhuman or degrading treatment.”
The Commission’s demand comes after it intervened in the case of Child C – brought to challenge the use of restraint in secure training centres following the deaths of two young people, Adam Rickwood and Gareth Myatt, in separate centres in 2004.
The court agreed with the Commission’s argument that the restraint rules violated Article 3 of the Human Rights Act, prohibiting “inhuman or degrading treatment or punishment,” and that the MoJ failed to determine the impact of the rule change for ethnic minority STC residents via an equality impact assessment.
The inquests into the deaths of Adam Rickwood and Gareth Myatt revealed that staff at the STCs employed restraint as a way of maintaining order. This breached guidelines permitting the use of restraint in specific circumstances such as when an individual might be a danger to themselves or those around them. Despite grave concerns about the two deaths raised at the boys’ inquests, the MoJ subsequently extended the use of restraint in July 2007 so it could be used to maintain “good order and discipline”. The Court of Appeal agreed that restraint should not be used for such ill-defined purposes.
Adam Rickwood, aged 14, was in Hassockfield Secure Training Centre in Co. Durham when he became the youngest child in Britain to die in custody. He hanged himself shortly after being restrained for the first time. Gareth Myatt, a six and half stone 15 year old, was asphyxiated whilst being restrained by three members of staff. He was three days into six month sentence at Rainsbrook Secure Training Centre in Northhamptonshire.
John Wadham, Group Director, Legal, for the Equality and Human Rights Commission said:
'The tragic cases of Adam and Gareth show the grave risks the use of restraint techniques bring. It is time for these rules to be changed and the Court of Appeal agrees.'
'As the case reveals, the Ministry of Justice has failed young people on two counts. It has allowed staff at secure centres to use unlawful force – in violation of one of our most fundamental rights - and failed to consider the effect of these new rules on young people from ethnic minorities.'
'Restraint should only be used as a last resort in cases where the young person might do harm to themselves or others – it is never to be used a way of ensuring young people in custody behave. Using pain as a means of creating order and discipline is entirely unacceptable.'
'The Ministry of Justice attempted to change the rules to fit the circumstances, rather than assess the needs of the young people in their care.'
'We look forward to seeing the recommendations of the Independent Review in October and we expect to see that provisions have been made to ensure the welfare of young people in custody.'
ENDS
Links to relevant media stories.
The Guardian - Court bans physical restraint methods used on children in custody
Adam Rickwood
The Guardian - 'What gives them the right to hit a child in the nose?'
Independent - 'No risk of self-harm': the official verdict on the youngest child to die in penal custody
Daily Mail - 'Punching' children in custody needs urgent review, says boy's death inquiry
BBC - 'Punching' children in custody needs urgent review, says boy's death inquiry
Gareth Myatt
Guardian: - 'Nobody can hurt him now'
BBC- Criticism over youth jail death
Channel 4 News - Inquest attacks restraint system
For further background and information please call the press office on: 02031170251 / 02031170242
The Equality and Human Rights Commission
The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of the Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.
The Equality and Human Rights Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.