Children & Young People

Article 2 issues may arise when the life of child or young person in a mental health setting is known to be at immediate risk such as if they are at risk of taking their life.

Alexander Tekle died by suicide a few months after turning 18. He arrived in the UK from Eritrea to seek asylum but the local council disputed his age and placed him in inappropriate adult accommodation. Because Alexander was looked after by the council, an Article 2 inquest was carried out into his death. It was found that his immigration status was a “constant concern” for him and his mental health caused him real risk which the council failed to recognise. Social workers involved in his case were found to be extremely overworked so unable to provide the focused attention and support he needed.

Article 3 issues may arise when children are subjected to serious abuse or neglect in a way that causes mental or physical harm or humiliates them.

Kirsten is a single parent of an autistic son who has been held in mental health hospitals and subjected to restrictive practices. He was put in seclusion, restrained by several members of staff and stripped naked. He couldn’t see his family and was watched 24 hours a day. While the staff had powers under the Mental Health Act, it was inhuman and degrading to interpret them in this way. Kirsten used our Human Rights Act to challenge decisions about her son’s care and make meaningful change. Her son was discharged just before his 18th birthday with a bespoke package of care and he is now living happily and independently and attending college.

Article 8 issues may arise when children have limited or restricted contact with their family members such as when they are inpatient units.

Nina is a young woman who was living in an adolescent unit close to her family home where her mum, grandma and brothers lived. When she turned 18, she was moved to an adult facility 200 miles away from home. Nina’s family had to use public transport to visit her which is very long and expensive and Nina’s brothers are too young to make the journey to visit her. This made Nina very distressed, and she began self-harming. Nina’s Independent Mental Health Advocate attended training by BIHR and together with her Social Worker wrote to the Commissioners to explain that Nina’s right to private and family life was at risk. Nina was then assessed and moved to a unit closer to home. (Example from BIHR’s Care and Support project).

Article 14 issues may arise when children and young people are prevented from accessing services because of a particular characteristic or status.

Lucas has autism, Pathological Demand Avoidance and learning disabilities. He was excluded from school for hitting a teaching assistant. Although the Equality Act 2010 protects schools from discriminating against people with disabilities, it doesn’t cover disabilities that mean people have “a tendency to physical abuse”. Lucas’ school said this meant they could exclude Lucas, but Lucas’ advocate used Article 14 of the Human Rights Act to argue that it would be discriminatory to interpret the Equality Act this way and would disproportionately interfere with Lucas’ right to education (Article 2, Protocol 1). The school decided to let Lucas return with additional support.