Court quashes the extension of restraint in secure centres

Last July, the Ministry of Justice changed the law on how restraint in STCs could be used, broadening it to include "good order and discipline". Prior to then, it could only be used to stop escapes, assaults or damage. Campaigners argued the change increased the potential for restraint to be used in STCs.

But the Court of Appeal ruled on Monday (28 July) that the changes violated the European Convention on Human Rights. It also said the children's commissioner should have been consulted prior to the changes and ordered the government to reverse them immediately.

STCs are privately run prisons that hold young offenders who are too vulnerable to be held in Prison Service-run institutions. The decision could also affect restraint usage in other settings, such as schools.

Julia Thomas, head of legal services at the Children's Legal Centre, said the ruling had potentially opened a can of worms. "All interested parties are going to need to assess the impact of the judgment in more detail," she said. "We will be looking at other cases to see how it impacts them, such as cases where children are restrained in schools, to see what effect this judgment has had."

Sir Al Aynsley-Green, children's commissioner for England, said: "Now that the regulation to extend the use of restraint has been quashed, we hope to see a reduction in its use on vulnerable young people in these settings and improved practice by all members of staff in secure institutions."

A spokeswoman for the Ministry of Justice said: "Maintaining good order and discipline at a secure establishment is essential if those who live and work there are to be kept safe. We are examining the court's judgment and considering an appeal."

She added that force was used only as a last resort and that the Youth Justice Board was advising STCs on the implications of the court's ruling.