Council settles judicial review over "unlawful" application of Prevent strategy

Central Bedfordshire Council has apologised after admitting racially discriminating against two young boys and having breached their human rights.

The incident arose when a school called the police after one boy told his teacher he had been given a toy gun as a present.

A statement from Doughty Street Chambers, which brought a judicial review on the boys’ behalf, said: “The brothers, aged seven and five and of mixed Indian and Middle Eastern heritage, were detained by the school, and then questioned by uniformed officers in March 2016, after the school raised concerns they might be at risk of radicalisation because they had received toy guns.

“Other students and teachers were made aware of the matter, which led to the boys having to move school. They became withdrawn and frightened as a result of the incident and its consequences.”

The judicial review claim was on grounds of racial discrimination, breach of human rights and that Central Bedfordshire’s policy on the Prevent duty was unlawful, in part because it lacked detail and required action to be taken in too wide a range of circumstances.

Doughty Street Chambers said this claim was settled after the council admitted the action taken was unlawful and changed its guidance to schools over Prevent.

It removed a mandatory instruction that schools refer any concerns over radicalisation to police, now requiring them to exercise professional judgment and consider other options.

A Central Bedfordshire statement said: “We apologise for how the two boys were treated and the way in which information was handled.

“While we can confirm that no referral was made here under Prevent, all schools receive regular training on the Prevent strategy to ensure that any potential incidents are dealt with sensitively and appropriately.”