The brutality of the shadow state: the use of force on teenagers in custody

Children have suffered from broken bones including wrists and elbows, and had teeth knocked out in Young Offenders' Institutes. But too many - abused at home too - do not know that their treatment was illegal.

At 15, Gareth Myatt was small for his age - four foot ten and six-and-a-half stone. He was three days into a six-month sentence at Rainsbrook Secure Training Centre in Northamptonshire, run by G4S, for stealing a bottle of beer and assaulting a social worker at a children’s unit when he refused to clean a sandwich toaster in the dining area.

Two members of staff followed him to his room and began removing things. One of them tried to take away a piece of paper from the shelf, which contained his mother’s mobile phone number. He lunged at the staff member. The two members of staff, now joined by a third, restrained him.

They used a technique called a seated double embrace: two of them forced the boy into a sitting position and leaned him forward, while a third held his head. What happened next was described in appalling detail at the inquest by one of the staff members and subsequently reported by the Observer:

[A staff member] looked back and said he had [...]shat himself. The struggling seemed to go on for a while and then he seemed to settle down. After a few minutes we realised something was wrong. I looked at his face and he had something coming down his nose and he looked as if his eyes were bulging. I can't remember much more. I've tried to get it out of my mind.

Gareth had choked to death on his own vomit.

At his inquest it emerged that before he died, at least four other children had complained of being unable to breathe while being held in the seated double embrace. The technique was subsequently removed from use within juvenile custody.

Four months later, Adam Rickwood, a 14-year-old boy with a history of mental health issues, was involved in an altercation with Serco staff at Hassockfield secure training centre, in County Durham, where he was on remand for an alleged wounding charge. The staff ordered him to return to his cell from the social area. When Adam refused to go back to his cell and instead sat on the floor, back-up was called and he was physically removed.

Four officers restrained him - two holding his arms, one holding his head and one holding his legs. Adam was placed in the cell face down. At the time, staff were using a technique called “Physical control in care” (PCC). It’s described as "non-pain compliant", but if it becomes necessary to gain control during the procedure the method authorises “distraction” techniques which cause pain to the young person. As a result of legal action by the Children’s Rights Alliance for England (CRAE), the “secret” PCC manual was finally disclosed in July 2010. It showed that staff were authorised to use techniques that caused pain to the thumb, ribs and nose. In Rickwood’s case, a member of staff, fearful the boy might bite his fingers, used a nasal “distraction” - deploying the outside of his hand in an upward motion on the boy’s septum, leaving his nose swollen and bruised.

A few hours later Adam’s body was found hanging in his cell. He’d left a note in which he wrote that he’d asked the staff what gave them the right to hit him in the nose. He was the youngest child to die in penal custody in the last 25 years. In January 2011, following a second inquest, a jury found that before and at the time of Adam’s death, there was a serious system failure in relation to the use of restraint at Hassockfield. The jury also found that the restraint was a contributing factor to his death.

***

There’s a reason I’ve revisited these stories from 2004 - particularly the second. In the aftermath of the Rickwood case, it was emphasised that the use of force was unlawful, because it should not simply be used to enforce “good order and discipline”. It seems that between 1998 and 2008 Serco and G4S staff in young offenders' institutions either ignored or misunderstood this rule. The problem is exacerbated by the fact that during these years the Youth Justice Board, who have overall responsibility for making sure that children in custody are properly cared for, seem to have been confused about what was allowed under the rules: they were never properly reviewed.

In response to the Rickwood case, the Labour government attempted to change the rules to try and make it lawful to use force on children simply for good order and discipline: this was rejected by the Court of Appeal in July 2008. The use of force purely to maintain order remains unlawful.

As a high court judge, Mr Justice Foskett, concluded last year, this means that many children placed in detention centres between 1998 and 2008 - and possibly later - are likely have a case for assault against the contractors who run them. The claim followed a private case brought by the CRAE, to try and compel the Ministry of Justice (MoJ) to contact potential victims of breaches of the rules so that they could exercise their right to seek redress. The judge concluded these children “were sent [to Secure Training Centres] because they had acted unlawfully and to learn to obey the law, yet many of them were subject to unlawful actions during their detention. I need, I think, say no more.”

The judge decided the MoJ had no legal obligation to contact them, but said: "It probably requires just one former detainee, looking back at his or her experience in an Secure Training Centres and having conducted the necessary preliminary inquiries, to pursue a well-publicised claim and others will be alerted to the potential of pursuing matters."

What’s interesting is that since this judgement, now a little over twelve months ago, very few claimants have come forward. It’s odd because all the evidence suggests there could be thousands of potential cases. During the hearing it was estimated that each month, force was used an average of 350 times across four Secure Training Centres, and that there may have been as many as 85 incidents of unlawful force every month. This went on for a period of 10 years.

Carolynn Gallwey is from Bhatt Murphy, the solicitors who represent Children’s Rights Alliance for England. They have been approached by just a few claimants. She tells me: “It’s sad that children haven’t come forward. I think the biggest factor is that the children to whom I’ve spoken all come from the most dysfunctional backgrounds you can imagine. Bluntly, they’re used to abuse. I suspect the main reason we’ve not heard from them is purely because they don’t suspect the treatment they’ve received is in any way illegal.”

And it’s not like the use of force is in great decline. There are around 2,000 children in custody at any one time in England and Wales – more than in any other country in Western Europe. According to the YJB there were 6,904 incidents of (reported) restraint in 2009/2010, of which 257 resulted in injury. The average proportion of young people in custody who were restrained increased from 11 per cent in 08/09 to 12 per cent in 09/10. In one child jail, G4S-run Medway, children were restrained 229 times last year: 13 complained they were unable to breathe.

And quite apart from the restraint cases, lawyers from the Howard League for Penal Reform have represented children who have suffered from broken bones including broken wrists, elbows, teeth knocked out and bruises all over their bodies. There were 142 injuries recorded as a result of restraint on boys in YOIs between April 2008 and March 2009. For the period April 2007 and March 2009, 101 injuries were sustained by children during restraint at Medway STC. The injuries included cuts, scratches, nosebleeds, bruising and sprains.

The Howard League has collated testimonies from many young children who have left YOIs and STCs. They detail the threat of violence: (“One of the officers spoke to me through my door and said that they were ‘going to make me scream later’”), and outright physical and mental assault: (“Several times while I was being restrained, they deliberately hurt me by bending my thumb down so that it touched my forearm. This was really painful. I often had bruises under my upper arms and scratches down my arms after PCC. I sometimes had panic attacks when I was in my room after a PCC”).

The evidence is clear: once the floodgates open, we’re going to hear a great deal more about the brutality of the shadow state.

A prison guard, unrelated to the cases discussed here, on duty. Photograph: Getty Images

Alan White's work has appeared in the Observer, Times, Private Eye, The National and the TLS. As John Heale, he is the author of One Blood: Inside Britain's Gang Culture.

Getty
Show Hide image

Let's turn RBS into a bank for the public interest

A tarnished symbol of global finance could be remade as a network of local banks. 

The Royal Bank of Scotland has now been losing money for nine consecutive years. Today’s announcement of a further £7bn yearly loss at the publicly-owned bank is just the latest evidence that RBS is essentially unsellable. The difference this time is that the Government seems finally to have accepted that fact.

Up until now, the government had been reluctant to intervene in the running of the business, instead insisting that it will be sold back to the private sector when the time is right. But these losses come just a week after the government announced that it is abandoning plans to sell Williams & Glynn – an RBS subsidiary which has over 300 branches and £22bn of customer deposits.

After a series of expensive delays and a lack of buyer interest, the government now plans to retain Williams & Glynn within the RBS group and instead attempt to boost competition in the business lending market by granting smaller "challenger banks" access to RBS’s branch infrastructure. It also plans to provide funding to encourage small businesses to switch their accounts away from RBS.

As a major public asset, RBS should be used to help achieve wider objectives. Improving how the banking sector serves small businesses should be the top priority, and it is good to see the government start to move in this direction. But to make the most of RBS, they should be going much further.

The public stake in RBS gives us a unique opportunity to create new banking institutions that will genuinely put the interests of the UK’s small businesses first. The New Economics Foundation has proposed turning RBS into a network of local banks with a public interest mandate to serve their local area, lend to small businesses and provide universal access to banking services. If the government is serious about rebalancing the economy and meeting the needs of those who feel left behind, this is the path they should take with RBS.

Small and medium sized enterprises are the lifeblood of the UK economy, and they depend on banking services to fund investment and provide a safe place to store money. For centuries a healthy relationship between businesses and banks has been a cornerstone of UK prosperity.

However, in recent decades this relationship has broken down. Small businesses have repeatedly fallen victim to exploitative practice by the big banks, including the the mis-selling of loans and instances of deliberate asset stripping. Affected business owners have not only lost their livelihoods due to the stress of their treatment at the hands of these banks, but have also experienced family break-ups and deteriorating physical and mental health. Others have been made homeless or bankrupt.

Meanwhile, many businesses struggle to get access to the finance they need to grow and expand. Small firms have always had trouble accessing finance, but in recent decades this problem has intensified as the UK banking sector has come to be dominated by a handful of large, universal, shareholder-owned banks.

Without a focus on specific geographical areas or social objectives, these banks choose to lend to the most profitable activities, and lending to local businesses tends to be less profitable than other activities such as mortgage lending and lending to other financial institutions.

The result is that since the mid-1980s the share of lending going to non-financial businesses has been falling rapidly. Today, lending to small and medium sized businesses accounts for just 4 per cent of bank lending.

Of the relatively small amount of business lending that does occur in the UK, most is heavily concentrated in London and surrounding areas. The UK’s homogenous and highly concentrated banking sector is therefore hampering economic development, starving communities of investment and making regional imbalances worse.

The government’s plans to encourage business customers to switch away from RBS to another bank will not do much to solve this problem. With the market dominated by a small number of large shareholder-owned banks who all behave in similar ways (and who have been hit by repeated scandals), businesses do not have any real choice.

If the government were to go further and turn RBS into a network of local banks, it would be a vital first step in regenerating disenfranchised communities, rebalancing the UK’s economy and staving off any economic downturn that may be on the horizon. Evidence shows that geographically limited stakeholder banks direct a much greater proportion of their capital towards lending in the real economy. By only investing in their local area, these banks help create and retain wealth regionally rather than making existing geographic imbalances worce.

Big, deep challenges require big, deep solutions. It’s time for the government to make banking work for small businesses once again.

Laurie Macfarlane is an economist at the New Economics Foundation