In a landmark decision, a judge ruled on Friday that Home Office claims that the 1989 Children Act did not apply to children in custody were "wrong in law".

This is a real David versus Goliath triumph

Howard League for Penal Reform

The Act places social services and other official bodies under a duty to care for the needs of under 18s held in young offender institutions (YOIs) or other prison service establishments.

Mr Justice Munby, sitting in London, had been asked by the charity the Howard League for Penal Reform to clarify the law.

The charity applied for this judicial review because of concern about what it believed to be "the consistently poor treatment of children in some prisons".

Long campaign

The Howard League claimed poor treatment of children had continued despite the introduction of the Youth Justice Board.

Director of the Howard League Frances Crook said: "This judgment puts the welfare and care of children in the criminal justice system sharply back in focus, something the Howard League has been campaigning for many years.

The Howard League says many chid inmates talk of bullying and abuse

"This court judgment is the outcome of over a year's preparation of evidence and has been funded entirely by charitable donations. This is a real David versus Goliath triumph".

Prisons Minister Hilary Benn welcomed the judgement saying it essentially upheld the Prison Service's policy on juveniles in custody.

Bullying and abuse

By the end of September there were 2,633 children in 25 jails in England and Wales or 90% more than a decade ago, according to the charity.

During a recent hearing, Ian Wise, for the Howard League, had described how 31 child inmates had committed suicide over the past decade whilst others complained of bullying and abuse.

The ruling makes it clear that local authorities should still extend help and protection to child inmates at local young offender institutions.

Removing any doubt, Mr Justice Munby said the 1989 Act applied to children in prison "subject to the necessary requirements of imprisonment".

The functions and powers conferred on local authorities, including social services, to act did not cease "merely because a child is in a young offender institution or other prison service establishment".

Human Rights 'met'

Mr Benn said the judgement asked the Prison Service to change part of the wording of a policy document to reflect that the duties of local authorities towards children.

But he added overall the ruling found the Prison Service's policy complied with domestic law, including the Children Act and more than adequately met the service's obligations under Human Rights law.

He recognised more progress needed to be made to ensure the policy was put into practice consistently throughout the Prison Service.

"I share the court's deep concern at some reports of Chief Inspectors of Prisons on particular YOIs where the implementation of Prison Service policy needs to be improved," he said.

"But in the last two or three years there have been radical improvements in the care of children in custody and a perceivable cultural change by the Service in the attitude to these young people."