Charity takes borough to court over accommodation for arrested children

A charity is taking legal action against the London Borough of Islington for failing to provide alternative accommodation for arrested children.

Just for Kids Law claimed Islington was among councils nationally that routinely failed to comply with duties to accommodate children from police stations.

Law firm Hodge, Jones and Allen and barristers from Doughty Street Chambers are acting for the charity in its 'no child in cells' campaign, which seeks an end to what it said was a widespread practice of detaining children, some as young as eight, in adult cells. 

Just for Kids Law has also called on the new Education Secretary Justine Greening and Home Secretary Amber Rudd to use powers under the Children Act 1989 to mandate local authorities to comply with the law relating to children detained at a police station.

The charity said the Islington case related to a vulnerable 14-year old-boy who was kept in a cell overnight on multiple occasions because the council failed to provide alternative accommodation.

It said there was an absolute duty under section 21(2)(b) of the Children Act 1989 for the local authority to provide such accommodation when requested by the police.

Just for Kids Law said the Metropolitan Police had told it in response to a Freedom of Information request that last year Islington received 94 such requests but did not accommodate any of the children involved.

It pointed to a witness statement for the action by the Children's Commissioner for England Anne Longfield, who said: “Custody suites are not designed to accommodate children....very few have facilities specifically for children; the environment is accordingly an intimidating one. Cell areas lack comfort and the provision of emotional support is almost entirely absent.”

Just for Kids Law director Shauneen Lambe said: “A police cell designed for an adult is no place for a child.

“Children and young people are particularly vulnerable and need to be kept safe after arrest - yet laws designed to protect them are being ignored up and down the country, every day of the year.

“That is why we have begun action against Islington Council; we will take similar steps against other local authorities, unless they start complying with their legal duties.”

An Islington spokesperson said: “Islington Council believes the safeguarding of young people is paramount, but cannot comment further while legal proceedings are underway.”