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The Secure Training Centre (Amendment) Rules (SI 2007/1709, ISBN 9780110773742) which amended the Secure Taining Centre Rules 1998 (SI 1998/472, ISBN 9780110656083) came into force in July 2007 without Parliamentary debate. They amend the existing Rules to permit Secure Training Centres (STCs) to use force against detained children and young people to "ensure good order and discipline". The Amendment Rules were criticised and the Government promised a review. A judicial review of the Amendment Rules by the High Court, held that they represented a "significant change in policy" The Joint Committee on Human Rights considers in this report their compatibility with the UK's human rights obligations. Restraint allowed in STCs is known as Physical Control in Care (PCC) and comprises a range of restraint holds and so called "distraction techniques" The Minister of Justice, for the Department of Justice, states the Government does not sanction violence against children, but the Committee considers that this is the effect of current UK law. In the Committee's view the Amendment Rules have created more confusion and have widened the scope for the use of force in an unacceptable manner. It recommends new Amendment Rules to make clear that physical restraint is not permissable for the purposes of good order and discipline and recommends careful monitoring of the effect of the Amendment Rules with regular reports by Government to Parliament on the number of restraint incidents. The Committee does welcome the creation of the Youth Justice Unit along with the re-establishment of the Medical Review Panel and also welcomes the Government's suspension of two restaint techniques in December 2007. The Committee further recommends the abolition of all distraction techniques and suggests a series of measures to ensure compliance by STCs with human rights standards as well as the publication of the PCC training manual in full and disseminated to all staff who use restraint.
Ofsted today publishes the Annual Report 2010/11, drawing on over 31,000 inspection visits across the schools, early years, children's social care and learning and skills sectors in England. Launched by Her Majesty's Chief Inspector Miriam Rosen, this in-depth analysis provides an insight into the quality of those services for children and learners, what is working well and what needs to improve. The report highlights how an inadequate inspection judgement, whether for a children's home or a school, a college or a nursery, can be an important catalyst for change. For example, the total number of schools in a category of concern - that is judged to be in special measures or being given a notice to improve - reduced from 553 at the end of last year to 451 at the end of August 2011. Over a fifth of schools judged inadequate at their previous inspection were found to be good or better when inspected again this year. In addition, schools are now emerging from special measures faster than the previous year - after an average of 18 months rather than 20. In inspections of local authorities'; children's social care, where Ofsted completed the second full year of unannounced inspection of contact, referral and assessment arrangements, weaknesses identified the previous year had been addressed in the great majority of cases.
Every day children exiled to prison are exposed to abusive and neglectful treatment, yet their plight is hidden. Based on wide-ranging research and first-person interviews, this passionately argued book presents the shocking truth about the lives and deaths of children in custody. Drawing on human rights legislation and progress in the care and treatment of vulnerable children elsewhere, it outlines the harsh realities of penal child custody including hunger, denial of fresh air, cramped and dirty cells, strip-searching, segregation, the authorised infliction of severe pain, uncivilised conditions for suicidal children and ever-present violence and intimidation. The issues are explored through the lens of protection, not punishment, and the author finds there can be only one conclusion: child prisons must close. Providing a compelling manifesto for urgent and radical change, this book should be read by everyone who cares about child protection and human rights.
This text presents an overview of sentencing and punishment from penological, social policy and legal perspectives. It provides an accessible account of the changing attitudes of the public, policy makers and the judiciary regarding what constitutes 'just' punishment.
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.
In July 2007 following the findings of the coroner in the inquests in the tragic deaths of Gareth Myatt and Adam Rickwood, the Ministry of Justice and the Department for Children, Schools and Families commissioned an independent review into the use of restraint in Young Offender Institutions (YOIs); Secure Training Centres (STCs) and Secure Children's Homes (SCHs). The chairs of the review, Peter Smallridge and Andrew Williamson reported their recommendations on 20 June 2008. They made 58 recommendations including the identification of the following key issues: the need for greater clarity and consistency in the use of restraint; the need for two systems of constraint, one for YOIs and one for STCs and accreditation of the methods in use; the need for a review of legislation and guidance on the use of restraint against six principles that focus on preventing the risk of harm; that there should be a new mandatory Acceditation Scheme; that a Restraint Management Board should be established. The Government is accepting almost all of the recommendations and this report presents the Government's response to the independent review.
Underpinned by a rights-based approach, this essential text critically analyses the theory and practice of children and young people’s nursing from several perspectives - public health, acute and community based care, education and research. Chapters address the clinical, legal, ethical, political and professional issues and controversies which impact on the care delivered to children, young people and their families both nationally and internationally. This new edition continues to promote reflection and critical thinking about the practice of children’s nursing and professional development.
This book provides health and social care professionals with an authoritative reading resource on the ethics and use of restraint. It provides an overview of the different forms of restraint, the conditions under which they are used, and their implications for the health and wellbeing of older people.
A report that provides an overview of the Committee's work during the 2008-09 parliamentary session and draws attention to improvements to the human rights landscape in the UK which it has commended in reports during the year. It also mentions a number of continuing areas for concern.
Work of the Committee in 2007 and the state of human rights in the UK : Sixth report of session 2007-08, report, together with formal Minutes