Practice and Procedure

R (on the application of C) (A CHILD BY HIS LITIGATION FRIEND MS) v SECRETARY OF STATE FOR JUSTICE (2008)

PUBLISHED February 8, 2008
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[2008] EWHC 171 (Admin)

Amendments made by the Secretary of State for Justice to the Secure Training Centre Rules 1998 allowing for a wider use of physical force to restrain minors in secure training centres amounted to a significant change in policy and the secretary of state had breached his duty to consult with the Children's Commissioner and to carry out a race equality impact assessment before the amendments were effected. However it was inappropriate to quash the amendments as the whole issue was to receive active reconsideration in good faith within a reasonable timescale and would enable the legal deficits to be remedied.

DC (Maurice Kay LJ, Burton J)

08/02/2008

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