British prisons are holding child inmates in solitary confinement in an alleged breach of UN torture rules and British law, The Independent has found. Lawyers in one case have launched legal action against the Government in the High Court.
More than a dozen examples uncovered by The Independent include a teenage prisoner with a serious mental health condition who, it is claimed, was placed in solitary confinement inside a number of different British jails during a period of six months, causing him considerable distress and psychological damage.
Prison inspection reports suggest some children have been driven to self-harm due to the severe emotional distress of solitary confinement.
MPs have called for an urgent Government investigation into the findings, which may breach the UN Convention Against Torture and the UN Convention on the Rights of the Child by amounting to “inhuman and degrading treatment”.
Tim Farron, leader of the Liberal Democrats, said: “These are incredible allegations that fly in the face of Britain’s obligations both domestically, at European level and internationally. The use of solitary confinement should be kept to a bare minimum regardless of age but is incomprehensible for juveniles.”
The High Court legal challenge is an application for a judicial review concerning a boy who, it is claimed, is currently being held in solitary confinement. The Independent has agreed not to publish further details. If the case is granted, it would lead to a case against the Government.
Article 16 of the UN Convention Against Torture states that governments must prevent any “acts of cruel, inhuman or degrading treatment or punishment” from occurring at the hands of officials.
The Special Rapporteur of the Human Rights Council on torture has previously stated that “the imposition of solitary confinement, of any duration, on juveniles” contravenes UN rules.
But an investigation by The Independent has exposed allegations of solitary confinement being used in young offenders institutions (YOIs), which house 15-18-year-olds, across the UK, despite the Government’s official stance that the practice does not take place.
The Ministry of Justice maintains that “segregation” of minors occurs for their own safety, which can involve them being isolated but not for significant periods of time. However, lawyers claim that “segregation” at some prisons meets the legal definition of solitary confinement.