Children: Restraint Techniques

(asked on 16th January 2020) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will take steps to ensure that children who have been subjected to unlawful restraint in Medway Secure Training Centre are informed of their right to seek legal advice and redress.


Answered by
Wendy Morton Portrait
Wendy Morton
This question was answered on 21st January 2020

The safety and welfare of young people held in custody is our highest priority, and we take seriously any incident of restraint of children in the youth secure estate, including at Medway Secure Training Centre . There are already processes and mechanisms in place at Medway STC to support Children and Young People following incidents of restraint that facilitate them to seek legal advice and redress. Every incident of restraint, including those involving personal safety techniques, is reviewed by the local Minimising and Managing Physical Restraint (MMPR) co-ordinator. Any serious injury or warning sign (SIWS) is also appraised by the national team, with any issue of concern leading to a child protection referral and, potentially, the local authority and police for investigation.

Furthermore, the Independent Children’s Rights and Advocacy Services (ICRAS) at Medway Secure Training Centre is commissioned to follow and adhere to the legal frameworks of the United Nations Convention on the Rights of the Child and the European Convention on Human Rights to promote the rights of Children and Young People (CYP). These services support CYP in helping them understand and exercise their rights throughout their time in custody.

ICRAS has local protocols in place so that the establishment notifies them as soon as possible following the first restraint incident. The child will be proactively supported by an advocate, including discussing whether the child or young person has any concerns about how or why they were restrained, and whether they wish to make a complaint or safeguarding referral.

Restraint is only ever to be used in accordance with the Secure Training Centre Rules 1998 and as a last resort, where there is a risk of harm, and no other form of intervention is possible or appropriate.

Charlie Taylor, Chair of the Youth Justice Board but acting in an independent capacity, has reviewed our policy in relation to pain-inducing techniques. The Government will respond to his review in the coming weeks.

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