FURTHER damning criticism has been levelled at the government’s treatment of young people after it emerged that a child is being held at La Moye Prison.
Children’s commissioner Deborah McMillan has written to ministers arguing that the move is in breach of human rights and against Jersey law.
The decision was made earlier this month by a ‘placement panel’ to hold the young Islander, who is aged under 18, at the prison in the young offenders’ wing.
The use of La Moye follows a damning recent report by the Jersey Care Commission over Greenfields, the Island’s secure unit for young people.
After reading minutes of the placement panel’s meeting, the children’s commissioner described the minutes as ‘lacking any substance or detail’.
In a written submission to Children’s and Education Minister Scott Wickenden and Home Affairs Minister Gregory Guida, which has been seen by the JEP, Mrs McMillan stated: ‘My strong advice to both ministers was that moving the child to HMP La Moye would be a breach of their human rights and a violation of obligations arising in respect of Jersey from the United Nations Convention on the Rights of the Child.
‘The minutes do not demonstrate that the panel have taken into account both the best interests of the child to be detained in the adult facility, and the best interests of any other child/young person also detained at the appropriate placement.
‘In my assessment, should the child indeed be moved to HMP La Moye, then Jersey, as the state party to the UNCRC, will not be protecting, fulfilling or respecting the rights of this child.’
In response, Minister for Justice and Home Affairs Gregory Guida said: ‘We are unable to comment on individual cases and must ensure that the privacy and identification of any young person, under the age of 18, is respected at all times. We aim to secure people on custodial pathways in the institutions that provide the best protection to themselves, staff, and the public.’
It is understood that responsibility for the child’s education while in custody lies with the Children’s and Education Minister but the decision to hold the child at La Moye rests with the Home Affairs Minister.
Mrs McMillan said that prior to issuing her advice to ministers, she had visited the wing at La Moye that had been earmarked for holding the teenager.
An inspection of the prison in 2012 was referenced by Mrs McMillan, who highlighted criticism about holding juveniles at La Moye. This was the reason, she added, behind the closure of the young offenders institute and the building of Greenfields.
‘The current situation, therefore, would indicate that we, as an Island, are in fact going backwards in this regard, and directly against inspectors’ advice,’ she said.
The children’s commissioner referred to Jersey’s Young Offenders Law, which requires the provision of an ‘appropriate place of custody’ when a child has to be deprived of their liberty.
Mrs McMillan also drew ministers’ attention to the relevant article of the UNCRC, particularly a clause stating that ‘every child deprived of liberty shall be separated from adults’ and that ‘a child deprived of his/her liberty shall not be placed in an adult prison or other facility for adults’.
‘In the absence of a dedicated youth facility at HMP La Moye, it seemed to be felt that the only available options were to hold the child in segregation at La Moye or within the current adult population – both of these options would present serious risk of harm to the child, in terms of mental health, and would be a breach of their rights,’ she said.
Following a recent inspection of Greenfields, the care commission identified seven regulation breaches due to shortcomings in several areas, including the health and safety of residents and facilities made available to them.
Issues around staffing levels, employee training, quality of leadership, the condition of the building and the ‘statement of purpose’, which outlines the objectives of the organisation, were also raised in the commission’s report.
Mrs McMillan said at the time that such failings would ‘undoubtedly’ have led to the closure of a similar UK-based facility.
