Court of Appeal quashes Ministry of Justice Rules on use of restraints on children in Secure Training Centres as in violation of human rights

Monday 28 July 2008

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In a significant test case ruling, R (C) -v- Secretary of State for Justice CI/2008/0698, handed down on 28 July 2008, the Court of Appeal allowed the claimant's appeal from the decision of the Divisional Court and quashed the Secure Training Centre (Amendment) Rules 2007. The Amendment Rules, introduced in July 2007, as a response to the inquests into the deaths in custody of Gareth Myatt and Adam Rickwood, expanded the circumstances in which the powers to use physical restraints and removal from association are triggered, permitting their use in order to ensure "good order and discipline".

In a Judgment strongly critical of the Government's approach to this anxious area of public policy, the Court of Appeal held that the rule of law and proper administration of race relations law required that the Rules are quashed on the basis that the Government had failed to consult the Children's Commissioner, or to carry out a race equality impact assessment under the Race Relations Act prior to bringing in the Rules. The Court of Appeal also found that the new Rules were in violation of Articles 3 and 8 ECHR.

Duran Seddon was junior counsel for C. Duran was led by Patrick O'Connor QC of Doughty Street Chambers

Click Here to read the full judgment, Click Here to read a summary of the judgment

Click Here to read the press release from Bhatt Murphy Solicitors



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