Charity brings legal action against Home Office over use of children as spies

Just for Kids Law, which is crowdfunding the action, will argue that the government’s position is incompatible with international law, in particular the United Nations Convention on the Rights of the Child.

It said it was concerned that there were “no clear safeguards for children despite the clear risks to mental and physical health posed by their involvement in investigations.

“This is particularly acute for 16 and 17 year olds, who don’t even have access to an Appropriate Adult when speaking to intelligence agencies – despite being at an age where they would have such support if charged with a criminal offence.”

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Just for Kids Law issued a pre-action letter on 30 August, with the government replying on 17 September defending its position.

The charity said its ultimate aim was to force the Home Office to change its guidance on the use of children as spies in covert investigations. “We want the guidance to make clear that the child’s welfare is considered when they are recruited; that proper risk assessments are carried out, and that children are only used in the most exceptional of circumstances with appropriate safeguards.”

Enver Solomon, CEO of Just for Kids Law, said: “We recognise that intelligence and law enforcement agencies face difficult challenges in tackling new threats, but it is deeply worrying that children are being asked to participate in covert activity associated with serious criminals without fully considering their welfare and best interests.

“Not only are the authorities using children – some of them under the age of 16 – in covert investigations, but oversight in this area is so inadequate that the government isn’t even aware how many children are affected. The Home Office must change the guidance to ensure that children are only used in the most exceptional circumstances and with proper safeguards in place for all under-18s.”

Jennifer Twite, head of strategic litigation at Just for Kids Law, is leading the case. She has instructed Caoilfhionn Gallagher QC and Sam Jacobs of Doughty Street Chambers.