Under the Children Act 1989, councils have a legal duty to accommodate children aged between 10 and 16 who need to be detained after being charged.
But in a damning letter to lead members for children’s services, Home Secretary Theresa May and Education Secretary Nicky Morgan say that “evidence suggests that the legal requirements are not being followed”.
Both May and Morgan are concerned there is confusion around the legal duty and not enough secure and non-secure accommodation being made available by councils.
As a result police are being left with no alternative but to keep children in police cells.
The letter says: “Police custody can be a distressing experience and this is particularly so for children and young people in trouble. It is for this reason that the legislation is designed to keep their stay in police custody to a minimum.”
Councils are being urged to work together with neighbouring local authorities as well as the police to ensure sufficient secure and non-secure accommodation is made available.
Penelope Gibbs, chair of the Standing Committee for Youth Justice, said she was pleased that the secretaries of state had intervened on the issue.
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