Secure training centre inspections

Ofsted and Her Majesty’s Inspectorate of Prisons (HMIP) have published proposals for a joint framework of inspection of secure training centres (STCs) – purpose-built centres for young offenders aged from 10 to 17 years. The proposals are currently open for consultation. Children’s rights organisations have long expressed concern about the treatment of young people in STCs and, in particular, about the use of restraint techniques. It is hoped that the proposed joint inspection regime would result in a reduction in the use of restraint.

The use of restraint in STCs
The joint inspection framework for STCs was developed following the independent review of restraint in juvenile secure settings carried out by Smallridge and Williamson in 2008. It examined the policy and practice on the use of restraint in STCs and other custodial institutions for young offenders, and was prompted by the deaths of Gareth Myatt, who died while being restrained, and Adam Rickwood, who committed suicide following restraint, in STCs. 

The most controversial restraint technique in the secure estate is “physical control in care”, which authorises the use of “distraction” techniques that cause pain to young people. They can include bending the upper joint of the thumb down towards the palm of the hand; a hit to the child’s lower rib using knuckles; or an upward hit to a young person’s nose. The Court of Appeal, in 2008, found that the use of these restraint techniques in STCs amounted to inhuman and degrading treatment. 

Concerningly, it appears that the use of restraint in STCs, as in other custodial institutions, is increasing. Despite a drop in the average number of young people in custody by 17 per cent from 2009/10 to 2010/11, there was a rise in the use of restraint techniques in STCs and other institutions. Incidents went up from 6,922 in 2009/10 to 7,191 in 2010/11.

New proposals for joint inspections
Since 2007, Ofsted has been conducting regular inspections of STCs, following a common inspection framework specifically amended to take into account the contribution made to the five outcomes of Every Child Matters. The Smallridge and Williamson report found that, while this was valued, the specialist inspectors at Ofsted were felt to be less experienced in knowing what they were looking for in relation to restraint. It recommended that Ofsted and HMIP consider establishing a joint unit to specialise in the inspection of restraint regimes and practices.

Under the proposed inspection framework, the focus will be on “what makes the greatest contribution to improving outcomes for young people”. Among other measures, inspectors will assess the safety and wellbeing of young people and how well behaviour is managed. Particular attention will be paid to the use of restraint. The minimum requirement will be that restraint is only ever used as a last resort, to protect the young person themselves or other people from serious harm, for the minimum amount of time necessary, and by trained staff, using approved techniques. To be judged as good or outstanding, the standards will need to be higher. In making assessments, there will be a strong focus on seeking young people’s views.

The joint inspection framework should be a positive development in ensuring that the rights and wellbeing of young people in detention are protected and promoted. According to international human rights law, children in detention have a right to be treated with dignity and not subjected to inhuman or degrading treatment or punishment. The focus should be on creating a rehabilitative environment and on ensuring that children are able to assume a constructive role in society on release. The new inspection framework should help to ensure greater compliance with these fundamental standards and principles, by encouraging the use of strategies of behaviour management that promote positive behaviour and do not rely on painful restraint techniques, which cause harm and humiliation to young people in conflict with the law.