Children can legally be used as spies by police and security services despite the “self-evident” danger in which it places them, a UK court has ruled. A charity argued that the rules governing the use of juvenile “covert human intelligence sources” (CHIS) violate human rights and put children at risk, but the case was dismissed at the High Court. The legal action was taken after widespread condemnation of a case where a vulnerable 17-year-old girl was recruited to spy on her pimp, and later became an accessory to murder.
Mr Justice Supperstone found enhanced risk assessments and strengthened rules for under-18s meant there was no breach of child protection duties. “The very significant risk of physical and psychological harm to juveniles from being a CHIS in the context of serious crimes is self-evident,” he added. “It is for this reason that there are special rules applicable to them … I am satisfied that the scheme operated by the Secretary of State [Sajid Javid] is lawful.”
The judicial review was launched by charity Just For Kids Law, which crowdfunded more than £5,000 towards the cost of the case. CEO Enver Solomon said the charity was “considering options” on how to appeal. We remain convinced that new protections are needed to keep these children safe,” he added. “The reaction we have had shows that despite the ruling, there is widespread concern among the public about the government’s policy. “The home secretary should act urgently to ensure that when the police find a child being exploited, their primary concern is to protect the child rather than allow that exploitation to continue.”
The High Court heard that “very few” juveniles have so far been used as spies, but a 2018 government memorandum stated: “Given that young people are increasingly involved, both as perpetrators and victims, in serious crimes including terrorism, gang violence, county lines drugs offences and child sexual exploitation, there is increasing scope for juvenile CHIS to assist in both preventing and prosecuting such offences.”
The use of child spies is restricted by the Regulation of Investigatory Powers Act 2000 and related orders. Operations must be authorised by senior police officers or officials, following an enhanced risk assessment looking at the potential for physical injury and psychological distress.
