AYJ Comment: Pain-inducing restraint banned except in emergency situations

The Youth Custody Service and HMPPS have published a new policy framework on the Use of force, restraint and restrictive practices in the children and young people secure estate which sets out that staff are no longer permitted to use techniques to restrain children which deliberately cause pain.

The ban comes into effect in February 2024, however staff are still permitted to inflict pain in ‘emergencies’, where there is a risk to the child, other children, staff or visitors of a threat to life or “serious physical harm or life changing injury”.

Pain-inducing restraint is extremely harmful to children and the AYJ and many of our members have long been calling for a ban on its use. Legal action has been taken by Article 39, and high profile reports including the report of the Independent Inquiry into Child Sexual Abuse and Charlie Taylor’s independent review of the use of pain-inducing techniques have made clear the practice must end.

Commenting on the announcement, AYJ Interim Chief Executive Saqib Deshmukh said:

“Deliberately inflicting pain on vulnerable children in the care of the state should have been banned a long, long time ago. This overdue move is most welcome, however there must be rigorous scrutiny and transparency around the continued use of pain-inducing restraint in ‘emergencies’.

This ban should send a clear message that the infliction of pain on children is never okay. Yet we know the same government department is currently deciding whether to roll out harmful incapacitant sprays to the children’s secure estate. PAVA sprays cause pain – the government must not now contradict itself and give staff new tools to harm children.”