Children and young people in custody

Justice Committee Closed Inquiry
Opened: 2 Jun 2020 Closed: 29 Apr 2021 Parliament page
Read an interactive summary of the key points of our first report on entry into the youth justice system. Read an interactive summary of the key points of our second report on the youth secure estate and resettlement.
30 Recommendations
15 Conclusions
2 Reports
13 Letters
4 Events
Activity timeline 21 events
8 Sep
2021
Correspondence
28 Apr
2021
Correspondence
19 Apr
2021
Report published
10 Feb
2021
Report published
10 Feb
2021
Report published
12 Nov
2020
Report published
9 Sep
2020
Correspondence
23 Jul
2020
Correspondence
21 Jul
2020
Correspondence
21 Jul
2020
Correspondence
21 Jul
2020
Correspondence
21 Jul
2020
Correspondence
Recommendations & Conclusions
45 results
1 Recommendation
12th Report: Children and Young Pe…
Although fewer children enter the youth justice system than used to be the case, those...
Although fewer children enter the youth justice system than used to be the case, those who do are more complex individuals. The cohort includes children who have mental health or substance misuse issues. Some have previously been excluded from school; … Read more
Ministry of Justice
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2 Conclusion
12th Report: Children and Young Pe…
We recognise the important role that out-of-court disposals, both formal and informal, play in diverting...
We recognise the important role that out-of-court disposals, both formal and informal, play in diverting children from formal criminal justice processes and consider them an integral part of the youth justice system. We note that data collection on the effectiveness … Read more
Government Response
8. We recognise the importance of preventing children from entering the criminal justice system and intervening early to stop minor offences from leading to repeat or severe reoffending. Some out-of-court … Read more
Ministry of Justice
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3 Recommendation
12th Report: Children and Young Pe…
We recommend that the Ministry of Justice and Youth Justice Board work together to start...
We recommend that the Ministry of Justice and Youth Justice Board work together to start collecting data centrally on non-statutory, informal diversion schemes, including (but not limited to) data on how many complete a diversion scheme, the impact on reoffending, … Read more
Ministry of Justice
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4 Recommendation
12th Report: Children and Young Pe…
We agree with the Chief Inspector of Probation’s recommendation that a national evaluation of the...
We agree with the Chief Inspector of Probation’s recommendation that a national evaluation of the impact and effectiveness of out-of-court disposals be carried out. We recommend that the Ministry of Justice commission such an evaluation, which should consider the impact … Read more
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5 Recommendation
12th Report: Children and Young Pe…
We note that there are inconsistencies in the provision and practice of diversion schemes across...
We note that there are inconsistencies in the provision and practice of diversion schemes across England and Wales. We recommend that the Ministry of Justice and Youth Justice Board work together to set out national guidance on out-of-court disposal work. … Read more
Ministry of Justice
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6 Recommendation
12th Report: Children and Young Pe…
There is significant support for diversion and demand for informal, non-statutory services.
There is significant support for diversion and demand for informal, non-statutory services. For diversion schemes to function well, they need to be sufficiently funded. Investment in upstream service provision should be prioritised. We recommend that the Ministry of Justice work … Read more
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7 Conclusion
12th Report: Children and Young Pe…
We agree with the Ministry of Justice’s priority of diverting children away from the criminal...
We agree with the Ministry of Justice’s priority of diverting children away from the criminal justice system and support early intervention work such as Liaison and Diversion schemes. We are aware that Youth Liaison and Diversion schemes may not be … Read more
Government Response
13. NHS England and NHS Improvement (NHSE&I) lead on youth liaison and diversion schemes and welcome this recommendation. Whilst NHSE&I have had a clear rationale as to why children and … Read more
Ministry of Justice
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8 Recommendation
12th Report: Children and Young Pe…
We are aware that children coming into contact with the criminal justice system may not...
We are aware that children coming into contact with the criminal justice system may not meet the criteria for generic child and adolescent mental health services, despite presenting with multiple needs. We recommend that the Ministry of Justice increase access … Read more
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9 Conclusion
12th Report: Children and Young Pe…
The age of criminal responsibility in England and Wales is a contentious issue with substantial...
The age of criminal responsibility in England and Wales is a contentious issue with substantial arguments in favour both of the status quo age of 10 and an increase in that age. We are not persuaded that it should be … Read more
Government Response
30. The Government does not have any current plans to either review or change the age of criminal responsibility. The Committee acknowledged that there are substantial arguments for the retention … Read more
Ministry of Justice
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10 Recommendation
12th Report: Children and Young Pe…
We recommend that the Ministry review the age of criminal responsibility, considering the data available...
We recommend that the Ministry review the age of criminal responsibility, considering the data available from Scotland and from broadly comparable European and other jurisdictions in which the age is higher than 10 at which it stands in England and … Read more
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11 Recommendation
12th Report: Children and Young Pe…
We are aware of the work the Ministry of Justice and Youth Custody Service have...
We are aware of the work the Ministry of Justice and Youth Custody Service have done since publication of the Lammy Review to address disproportionality. The youth justice population has changed considerably in the past 10 years, but children from … Read more
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12 Conclusion
12th Report: Children and Young Pe…
It is not clear whether diversion schemes disproportionately benefit White children compared with their BAME...
It is not clear whether diversion schemes disproportionately benefit White children compared with their BAME counterparts, nonetheless, the figures on first- time entrants to the system are concerning. Without centrally collected data on diversion rates, we cannot gain an accurate … Read more
Government Response
9. We agree that more can be done to collect data on diversion schemes, and work is already underway to do so. Since April 2020, the YJB has been collecting … Read more
Ministry of Justice
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13 Recommendation
12th Report: Children and Young Pe…
BAME children are disproportionately remanded to custody and some of the children remanded to custody,...
BAME children are disproportionately remanded to custody and some of the children remanded to custody, will not then go on to receive a custodial sentence. The Youth Justice Board should update the Committee on the findings of their commissioned research. … Read more
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14 Conclusion
12th Report: Children and Young Pe…
We note that the number of children on remand is high and that two thirds...
We note that the number of children on remand is high and that two thirds of children given a remand to youth detention accommodation did not subsequently receive a custodial sentence. Multiple factors appear to contribute to these numbers: an … Read more
Government Response
56. The review into the use of custodial remand for children completed its first phase of engagement with a wide range of CJS partners and stakeholders earlier in the year, … Read more
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15 Recommendation
12th Report: Children and Young Pe…
We were concerned to hear reports of children being remanded to custody pending psychiatric reports.
We were concerned to hear reports of children being remanded to custody pending psychiatric reports. Evidence received suggested that this is unnecessary and potentially damaging for a child. We ask the Ministry of Justice to set out how many children … Read more
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16 Recommendation
12th Report: Children and Young Pe…
Referral Orders may be appropriate in some circumstances, but there appears to be consensus that...
Referral Orders may be appropriate in some circumstances, but there appears to be consensus that more flexible sentencing options would be beneficial. We recommend that the Ministry of Justice review current sentencing options for children with a view to introducing … Read more
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17 Recommendation
12th Report: Children and Young Pe…
We agree that the introduction of a feedback loop between the Youth Court (magistrates and...
We agree that the introduction of a feedback loop between the Youth Court (magistrates and district judges) and Youth Offending Teams and the young person may help improve transparency and support rehabilitation. The Ministry of Justice should review current sentencing … Read more
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18 Recommendation
12th Report: Children and Young Pe…
Delays have a fundamental impact on all those involved in proceedings.
Delays have a fundamental impact on all those involved in proceedings. The Ministry of Justice and HMCTS should set out what is being done to specifically address delays in the youth justice system and manage any existing backlogs. The Ministry … Read more
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19 Recommendation
12th Report: Children and Young Pe…
Under the principle that punishments should fit crimes, we are concerned that children who turn...
Under the principle that punishments should fit crimes, we are concerned that children who turn 18 while waiting for proceedings against them to begin are then dealt with and sentenced as adults. In particular, this is alarming when it happens … Read more
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20 Conclusion
12th Report: Children and Young Pe…
Children and young people going through the court system have very distinct needs, many having...
Children and young people going through the court system have very distinct needs, many having neurodevelopmental and communication needs. They may not fully understand proceedings. Every opportunity must be made to ensure that children are not unfairly disadvantaged; everyone should … Read more
Government Response
The Ministry of Justice recognises the importance of ensuring that children are fully supported throughout the criminal justice process. We are currently considering the feasibility of the Law Commission’s recommendations … Read more
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21 Recommendation
12th Report: Children and Young Pe…
We agree with the Royal Colleges’ recommendation that the Registered Intermediary Scheme be made available...
We agree with the Royal Colleges’ recommendation that the Registered Intermediary Scheme be made available to vulnerable child defendants. We recommend that the Ministry of Justice set out how it will extend this scheme to ensure that children have access … Read more
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22 Recommendation
12th Report: Children and Young Pe…
The youth criminal justice system can be complex to navigate for children and young people,...
The youth criminal justice system can be complex to navigate for children and young people, particularly as children reach court proceedings. We recommend that direct recruitment to the youth magistracy be introduced, which would allow magistrates to specialise in the … Read more
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23 Recommendation
12th Report: Children and Young Pe…
We reiterate the importance of data collection here; backlogs have a knock-on effect on the...
We reiterate the importance of data collection here; backlogs have a knock-on effect on the system, and it is imperative that we understand what the current situation looks like if we are to address it going forward.
Ministry of Justice
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24 Conclusion
12th Report: Children and Young Pe…
The Covid-19 pandemic has affected every area of the criminal justice system, including youth justice.
The Covid-19 pandemic has affected every area of the criminal justice system, including youth justice. The Committee appreciate that Covid-19 has presented 50 Children and Young People in Custody (Part 1): Entry into the youth justice system the youth courts … Read more
Government Response
72. A table detailing the volumes of youth outstanding cases in both the magistrates’ courts and the Crown Court in England and Wales between January 2020 to June 2020 is … Read more
Ministry of Justice
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25 Recommendation
12th Report: Children and Young Pe…
Covid-19 has necessitated a shift to remote hearings, but we have heard concerns from witnesses...
Covid-19 has necessitated a shift to remote hearings, but we have heard concerns from witnesses about their use. We accept that this is a necessary interim measure in response to the pandemic, but the Ministry of Justice should set out … Read more
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1 Conclusion
16th Report - Children and young p…
Throughout this inquiry, we have heard of significant concerns about the use of separation across...
Throughout this inquiry, we have heard of significant concerns about the use of separation across the youth estate - the effect it has on the individual and on the institution itself. Concerns around the use of separation in the youth … Read more
Government Response
The issue underlying the Committee’s recommendation is the gap in the central collection of separation data for Young Offender Institutions (YOIs), and the publication of these figures is one the … Read more
Ministry of Justice
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2 Recommendation
16th Report - Children and young p…
The findings of HM Inspectorate of Prisons’ report on separation are serious and echo much...
The findings of HM Inspectorate of Prisons’ report on separation are serious and echo much of what has been reported in evidence to us and in other publications. We are concerned about differences in practice across the estate. The Ministry … Read more
Ministry of Justice
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3 Conclusion
16th Report - Children and young p…
We note the frustration of HM Inspectorate of Prisons about the extent to which its...
We note the frustration of HM Inspectorate of Prisons about the extent to which its recommendations for action are implemented, and the pace of implementation. That said, we welcome the Government’s commitment to develop a new policy framework on separation … Read more
Government Response
We recognise the importance of having a consistent policy framework for separation across the youth secure estate and the benefit of clear direction and scrutiny. We have engaged stakeholders and … Read more
Ministry of Justice
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4 Recommendation
16th Report - Children and young p…
A significant proportion of children in custody have a mental health need.
A significant proportion of children in custody have a mental health need. The Secure Stairs model is a welcome development, but we are disappointed to hear that children are sometimes held in custody because of an absence of appropriate mental … Read more
Ministry of Justice
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5 Recommendation
16th Report - Children and young p…
Self-harm across the youth secure estate is alarmingly high.
Self-harm across the youth secure estate is alarmingly high. There has been a welcome reduction in consecutive months since January, but self-harm is at the highest level in the last five years. The Ministry of Justice and Youth Custody Service … Read more
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6 Conclusion
16th Report - Children and young p…
The Ministry of Justice and Youth Custody Service must also seek to understand why self-harm...
The Ministry of Justice and Youth Custody Service must also seek to understand why self-harm appears to have reduced during the Covid-19 pandemic, and what can be learned from that.
Government Response
20. We welcome the decline in the rates of self-harm during the covid-19 pandemic and agree we must seek to understand the reasons for the decline. As the Committee will … Read more
Ministry of Justice
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7 Conclusion
16th Report - Children and young p…
Substantial concern has been expressed to us about use of force against children and young...
Substantial concern has been expressed to us about use of force against children and young people across the youth custodial estate, and we note that sanctioned use of 42 Children and Young People in Custody (part 2): The Youth Secure … Read more
Government Response
24. Published Youth Justice Statistics highlighted a 19% increase in Restrictive Physical Intervention between 2018/194 and 2019/20.5 Of this increase, almost 50% is attributed to a small number of very … Read more
Ministry of Justice
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8 Recommendation
16th Report - Children and young p…
We recommend that the Ministry of Justice and the Youth Custody Service set out the...
We recommend that the Ministry of Justice and the Youth Custody Service set out the reasons why use of force is rising in youth custodial institutions and what steps are being taken to ensure that any such use is necessary … Read more
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9 Conclusion
16th Report - Children and young p…
Techniques specifically designed to cause pain to children should never be used as routine methods...
Techniques specifically designed to cause pain to children should never be used as routine methods of managing offenders. Any use of such techniques should always be a last resort in the interests of safety from physical harm. None the less, … Read more
Government Response
30. In June 2020, following Charlie Taylor’s review of the use of pain-inducing techniques, we committed to removing the use of the techniques from the MMPR syllabus.6 31. A review … Read more
Ministry of Justice
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10 Recommendation
16th Report - Children and young p…
We welcome the Government’s commitment to remove pain-inducing techniques from the MMPR training manual and...
We welcome the Government’s commitment to remove pain-inducing techniques from the MMPR training manual and to focus it on behaviour management and restraint. We are disappointed that, six months after Charlie Taylor recommended this change, there is no indication of … Read more
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11 Recommendation
16th Report - Children and young p…
We welcome the Ministry of Justice’s commitment to implement in full the remainder of David...
We welcome the Ministry of Justice’s commitment to implement in full the remainder of David Lammy’s recommendations within the next 12 months. The Ministry should set out what resource has been allocated to this piece of work. We recommend that … Read more
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12 Recommendation
16th Report - Children and young p…
We welcome development of the secure school model and agree with the Minister for Justice,...
We welcome development of the secure school model and agree with the Minister for Justice, Lucy Frazer QC MP, that this offers an opportunity to reform the existing estate to better meet the needs of the children it holds. It … Read more
Ministry of Justice
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13 Recommendation
16th Report - Children and young p…
We welcome the Government’s long-term ambition to replace YOIs and STCs with secure schools, but...
We welcome the Government’s long-term ambition to replace YOIs and STCs with secure schools, but we are concerned about the level of commitment demonstrated in achieving this aim, given the length of time it has taken to develop a single … Read more
Ministry of Justice
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14 Recommendation
16th Report - Children and young p…
We welcome the Government’s commitment to reform the rest of the estate, but we are...
We welcome the Government’s commitment to reform the rest of the estate, but we are concerned that the youth estate in its current form is not meeting the needs of the children being held. We have heard about high levels … Read more
Ministry of Justice
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15 Recommendation
16th Report - Children and young p…
We welcome the recent announcement that officers working in youth custody will become Youth Justice...
We welcome the recent announcement that officers working in youth custody will become Youth Justice Specialists after completing degree-level training, but we remain concerned about staff turnover in the youth estate, and the effect that staffing difficulties have on day-to-day … Read more
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16 Conclusion
16th Report - Children and young p…
It is essential that children have access to appropriate Employment, Training and Education services when...
It is essential that children have access to appropriate Employment, Training and Education services when they leave custody, not least to reduce the risk and the rate of reoffending. The Ministry of Justice, Youth Custody Service and Youth Justice Board … Read more
Government Response
We welcome the committee’s recommendation and will continue our multi-agency working with the YCS and the Youth Justice Board (YJB). We remain committed to improving educational outcomes and access to … Read more
Ministry of Justice
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17 Recommendation
16th Report - Children and young p…
Collaboration between agencies is imperative if children’s resettlement needs are to be met during their...
Collaboration between agencies is imperative if children’s resettlement needs are to be met during their time in custody and followed through to the community. We recognise that the quality and ease of collaboration between agencies may vary between establishments and … Read more
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18 Conclusion
16th Report - Children and young p…
It is apparent that accommodation is a significant problem for some children being release from...
It is apparent that accommodation is a significant problem for some children being release from custody. It is unacceptable that a child should not know until the day of their release where they will live the day after. We agree … Read more
Government Response
The MoJ acknowledges the importance of suitable and stable accommodation, and accommodation secured sufficiently in advance prior to release for children and young people leaving custody. Suitable accommodation is one … Read more
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19 Conclusion
16th Report - Children and young p…
We welcome the work being done to improve transition planning, and we note that work...
We welcome the work being done to improve transition planning, and we note that work is under way in the Ministry of Justice on how best to manage transition into adult custodial settings for those who turn 18. While cut-off … Read more
Government Response
60. The YCS are producing a ‘Transitions of young people from youth to adult custody’ Policy Framework’. The framework will set out the key principles for safe and successful early … Read more
Ministry of Justice
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20 Recommendation
16th Report - Children and young p…
While some transition planning may take place before a young person leaves the youth estate,...
While some transition planning may take place before a young person leaves the youth estate, we are not convinced that the adult estate is sufficiently equipped to support all those who make that move. We recommend that the Ministry of … Read more
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Correspondence 13 letters
8 Sep 2021 To committee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 31 August 2021, regarding update on Report on Children and Young people in custody
Parliament page
28 Apr 2021 To committee Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 26 April 2021, regarding Children and Young People in Custody (part 2)
Parliament page
9 Sep 2020 Written evidence from Magistrates Association
Parliament page
23 Jul 2020 Written evidence from The Association of Youth Offending Team Managers
Parliament page
21 Jul 2020 Written evidence from EQUAL
Parliament page
21 Jul 2020 Written evidence from Youth Justice Board
Parliament page
21 Jul 2020 Written evidence from UK National Preventive Mechanism
Parliament page
21 Jul 2020 Written evidence from JUSTICE
Parliament page
21 Jul 2020 Written evidence from Royal College of Psychiatrists
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15 Jul 2020 Written evidence from the Children's Commissioner
Parliament page
8 Jul 2020 Written evidence from Royal College of Psychiatrists
Parliament page
24 Jun 2020 To committee Letter from Lucy Frazer QC MP, Minister of State for Justice, dated 17 June 2020 on Secure Schools Programme
Parliament page
23 Jun 2020 To committee Letter from Lucy Frazer QC MP, Minister of State for Justice, dated 17 June 2020, on Youth Custody Reports
Parliament page