In previous blogs we have considered the Government's recent response to the IICSA recommendations on redress and limitation. In a series of further blogs we will look at the responses to the remaining recommendations.

Recommendation 5: Prohibit the use of pain compliance techniques on children in custodial institutions.

Recommendation 6: Amend the Children Act 1989 to give parity of legal protection to children in care.   

IICSA noted that children in care and custody are particularly vulnerable to sexual abuse. 

For the purpose of recommendation 5, a “pain compliance technique” was defined as any technique that deliberately induces pain.  IICSA recommended that all such techniques be prohibited based upon their conclusion that the use of force against children in custody contributes to a perception of institutional violence which could discourage reporting of abuse.

Whilst the Government recognises children may be particularly vulnerable in custody, to protect all children in custody (and staff) it is important trained staff are able to use these techniques where physical safety is at risk to bring an incident to a safe conclusion.  The Government noted this was to be considered as a last resort, in an emergency.  The Government makes assurances they will work with the Youth Custody Service to ensure staff continue to be appropriately trained and that an Independent Restraint Review Panel will oversee all uses of these techniques to prevent children from self-harming or causing physical harm to others.   

For the purposes of recommendation 6, IICSA concluded the legal position of children in care should be improved, so that they may feel able to challenge aspects of local authority decision-making on their own behalf. 

The Government acknowledged that notwithstanding the systems in place to ensure a child’s care plan is properly implemented, more should be done to ensure children’s voices are heard in decision-making and to enable children in residential care to raise concerns with trusted adults.  It was recognised that children’s rights in the Children Act 1989 must be respected with clear and timely routes to raise concerns about their care, including where they are experiencing or are at risk of experiencing serious harm.  Such concerns must be acted upon.

To implement this change, the Government will introduce new National Standards for Advocacy for Children and Young People and revised statutory guidance on Providing Effective Advocacy for Children and Young People Making a Complaint under the Children Act 1989 in 2025.  This will not require any amendment to the Children Act 1989 but it will include new standards on:  -

• The provision of specialist non-instructed advocacy for children with complex needs and learning disabilities.
• Requirements for advocacy in the safeguarding of children – being able to identify concerns, the need to make direct referrals and to escalate where necessary.