Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

Public law and Regulation

Case reports and guidance on public law and professional regulation issues

02 MAR 2012

No positive duty to tell unlawfully restrained children of their rights

When a child may have been unlawfully restrained in detention, there was no duty to inform the child of this in order to allow the child to challenge his restraint.

The physical restraint of children in detention is not permitted to ensure good order and discipline. However, after investigations into the deaths of two children in detention it became apparent that in practise restraint to ensure good order and discipline occurred. The Children’s Rights Alliance for England (CRAE) wanted to establish which former child detainees had been subject to unlawful restraint. However, the Secretary of State for Justice refused to provide these details. CRAE argued that there was a positive duty to inform those who might have been subject to unlawful restraint. Mr Justice Foskett disagreed.

To read the full opinion and news piece, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).

To request a free trial click here and select Jordans Public Law online from the drop down menu.

Education Law Reports

Education Law Reports

Comprehensive and reliable reporting service.

More Info from £155.00
Available in Education Law Online
Licensing Law Reports

Licensing Law Reports

Full text reports of cases on all aspects of licensing law and practice.

More Info from £155.00
Available in Public Law and Regulation Online
Subscribe to our newsletters