Just for Kids Law, the organisation bringing the legal challenge, claims the child was subject to “unlawful detention” after Waltham Forest Council was “unable to provide him with suitable accommodation”.
The council expects to hear a judges ruling over whether Waltham Forest has a "reasonable system in place" to meet the need for providing secure accommodation and avoid detention in police cells within three weeks, a spokesman said.
The case comes as part of a series of legal challenges brought against different councils by Just for Kids Law since 2016.
The Home Office’s concordat on the use of police custody for children states: “A night in a cell is an intimidating experience. Police custody facilities are designed to detain adults suspected of criminal activity, and they offer little in the way of comfort or emotional reassurance. For a child – especially one deprived of familial support – a prolonged stay in this environment can be harmful.”
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