Children in STCs can be kept in cells for 22-hours-a-day under new measures

The Ministry of Justice has made amendments to the Secure Training Centre Rules using the Coronavirus Act 2020.

The changes, which campaigners say “legitimises” the use of solitary confinement for children as young as 12, apply to STCs in England and Wales. Currently, two STCs are operating - Oakhill in Milton Keynes, run by G4S and Justice Services, and MTC-managed Rainsbrook in Northamptonshire.

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Latest government figures show that as of April this year 107 children were placed across the two facilities.

The Secure Training Centre (Coronavirus) (Amendment) Rules 2020 reduce the minimum amount of time a child must be out of their cell to just 1.5 hours in each 24-hour period from 14 hours previously. 

The changes also allow Justice Secretary Robert Buckland to ban weekly visits from relatives and suspend a child’s right to send and receive letters and phone calls.

The amendments also relax duties on staff to provide 25-hours education for children at STCs, allowing them to provide lessons “as so far as reasonably practicable”.

The same caveat has been added to staff duties to provide access to fresh air and exercise for children.

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An explanatory memorandum published alongside the amendments explains that the changes will only be enforced if staffing is reduced by a quarter due to a national or localised outbreak of Covid-19.

It states: “This temporary restricted regime is designed to prevent the spread of disease and ensure the safety and security of children and staff alike when operating with a workforce reduced by 25 per cent through self-isolation.”

The changes came into force on 2 July, just 24-hours before being laid before parliament.

The memorandum states the “emergency nature” of the coronavirus crisis meant it was not practical to enforce the usual 21-day period of consultation and parliamentary scrutiny.

It states: “The instrument needs to come into force the day after laying to allow for the safety and security of the children detained and the workforce looking after them.”

The document clarifies that “a consultation exercise was not undertaken” while the amendments were drawn up and adds that they will remain in place until 22 March 2022.

Children’s rights charity Article 39 has criticised the changes saying “keeping children locked up in prison cells for up to 22.5 hours a day is child abuse”.

Carolyne Willow, director of Article 39, said: “It is psychologically and emotionally damaging for any child but especially cruel for those who have learning disabilities, mental health problems and for children who have endured earlier abuse and neglect.

“Predicting the enormous challenges which prisons would face in meeting children’s needs, shortly before lockdown began we wrote with other organisations to ministers urging them to safely release children from custody wherever possible. Government did not take this protective action and now it has found it necessary to change the law to reduce the statutory obligations of the companies who run secure training centres. Yet again, when children needed the government to take a firm stance on safeguarding their rights, they have been abandoned and providers protected.”

The changes come after Article 39 was granted a judicial review against the Department for Education over the removal and relaxation of safeguards for vulnerable children including those in care and on the edge of care as part of emergency legislation passed as part of the government response to the pandemic.

The Ministry of Justice has been contacted for comment.