In July last year the Ministry of Justice changed the rules governing the use of restraint in privately run STCs, which hold vulnerable juvenile offenders, to bring them into line with Prison Service young offender institutions (YOIs).
The amendment allowed restraint to be used to ensure 'good order and discipline' in both types of establishment, not just YOIs.
A judicial review has now found that the decision making prior to the change was unlawful. But the rule change will not be quashed because of a review being carried out on the issue of restraint.
Deborah Coles, co-director of pressure group Inquest, said: "Despite the protestations of the Youth Justice Board and the Ministry of Justice that the rule change was merely to clarify the law, the court has found it to be a significant change to policy, as we argued from the outset."
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