Just for Kids Law argues tactic contravenes UN convention on the rights of the child

Human rights lawyers have been crowdfunding for a judicial review to challenge the government’s use of child spies, arguing that the tactic was incompatible with the UN convention on the rights of the child.

Just for Kids Law, a charity that represents, advises and supports children in legal difficulty, has issued a pre-action letter to the Home Office raising concerns over the practice, which has been condemned by politicians and human rights groups.

It needs to raise at least £6,000 to take the legal action to the next stage, where it would argue for permission to take the case to judicial review. A target of £15,000 has been identified as needed to take the challenge to further hearings.

Police and intelligence agencies have had a legal framework for the use of child spies – known officially as juvenile covert human intelligence sources (CHIS) – since 2000, but the practice only emerged in July when concerns were raised by peers after ministers sought to increase their powers to do so with secondary legislation.

UK intelligence and police using child spies in covert operations Read more

The security minister, Ben Wallace, explaining the rationale for their use, suggested they could provide “unique access to information” in cases involving gangs, terrorism or child sexual exploitation. There was no lower age limit on children who could be enlisted as spies.

Enver Solomon, the chief executive of Just for Kids Law, said he understood the challenges faced by agencies responding to 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”.

Caoilfhionn Gallagher QC, of Doughty Street Chambers, will represent Just for Kids Law in the case, which comes after parliament’s joint committee on human rights began asking questions over the practice.

Earlier this month Wallace admitted the Home Office did not know how many children had been used as spies, after a letter from Harriet Harman, the chair of the committee, said assurances he had given about the issue had served only to deepen concern.

A change in the law surrounding their use, passed through secondary legislation in July, gave authorities more time to use child spies without a need for reauthorisation, and broadened the range of appropriate adults who should be present in any meeting between those under the age of 16 and their handlers.

Just for Kids Law said the aim of the action was to force a change in the guidance surrounding the use of child spies that would ensure greater safeguards.

Solomon said: “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.”

Just for Kids has been appealing for donations for the legal challenge through the Crowd Justice website.