Judge Slams 'Intolerable' Detention of Teen in Windowless A&E Room for Over Two Months
A High Court judge has strongly condemned the case of a 13-year-old girl who was detained in a windowless room within a busy London accident and emergency ward for nearly two and a half months, labeling the situation as "intolerable" and highlighting systemic failures in mental health care for vulnerable children.
Lengthy Detention in Inappropriate Setting
Mr Justice McKendrick, in a judgment published recently, detailed that the girl, identified only as BA for legal reasons, has been held in a single room without windows on a paediatric A&E ward since January 8, 2026. The room, which includes an en-suite bathroom, is situated in a noisy and hectic emergency department environment. Despite occasional escorted visits to a garden, the judge noted that BA appears to have received no formal education during this period, whether broadly or narrowly interpreted.
The girl was originally sectioned under the Mental Health Act 1983 in May of the previous year and later detained in a mental health hospital. After a discharge in December, she returned the following month and has remained under a deprivation of liberty order, which allows local authorities to restrict children's freedom when they are at serious risk of harm from themselves or others.
Systemic Shortages and Parental Distress
At a hearing on March 3, an unnamed London borough requested an extension of the deprivation of liberty for two more weeks to secure an "appropriate placement." The authority acknowledged that the hospital setting was "very far from ideal" but argued it was the only available option to keep BA safe currently. Mr Justice McKendrick, however, emphasized that this scenario is unacceptable not only for BA and her "distraught" parents but also for the many other children detained in unsuitable settings due to well-documented shortages in proper mental health facilities.
The judge stated, "It is intolerable that a highly vulnerable child has been detained in a room without windows, in a busy and noisy accident and emergency ward, for nearly two and half months." He further criticized the situation for occupying a much-needed NHS bed that could be used for more appropriate medical cases, underscoring the broader impact on healthcare resources.
Ongoing Risks and Legal Proceedings
BA continues to exhibit very challenging behaviors, including self-harm, assaults on staff, and attempts to abscond, which necessitated the judge's decision to allow the deprivation of liberty until the end of March. This extension aims to facilitate her transfer to a children's home, where she can receive more suitable care. Mr Justice McKendrick stressed that this measure is essential to "assist her to be kept safe from serious harm."
A further hearing in the case is scheduled for next month, as authorities work to address the placement crisis. This incident sheds light on the pressing issues within London's mental health services, particularly for young individuals in crisis, and calls for urgent improvements in care provision and facility availability.
