Passing judgment on a legal challenge brought by the Children’s Rights Alliance for England (Crae) last November, High Court Judge Mr Justice Foskett said it is highly likely that large numbers of children were unlawfully restrained in STCs between 1998 and 2008.
But he said he feared ordering the Ministry of Justice to take action could have a "springboard" effect, resulting in similar future claims on behalf of children in local authority care or hospitals.
Such a culture change should emerge in a "more considered way" than "piecemeal development of the common law", he added.
He did, however, state that government should consider contacting those who were unlawfully restrained.
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