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.
38 Recommendations
7 Conclusions
2 Reports
13 Letters
4 Events
Activity timeline 17 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
21 results
Clear
1 Recommendation Accepted
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
Government Response
The government welcomes the recommendation, stating a whole-system approach for vulnerable children is already embedded in the youth justice system through multi-agency working and frameworks like SECURE STAIRS. The Ministry of Justice and YJB will continue to work with partners to build on this system.
Ministry of Justice
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3 Recommendation Accepted
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
Government Response
The government agrees more data collection is needed and states the YJB has been collecting data on Community Resolutions and other informal outcomes with YOT intervention since April 2020. They will explore publishing this data once a full year of quality data has been collated, though they note limitations in the data's scope.
Ministry of Justice
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5 Recommendation Accepted
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
Government Response
The government states that statutory guidance for youth out-of-court disposals already exists and is kept under review. The YJB has also published additional guidance, which is currently undergoing revision, and hosts a resource hub with best practice examples.
Ministry of Justice
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8 Recommendation Accepted
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
Government Response
The government recognizes the importance of this issue and references the NHS Long Term Plan, which aims to expand mental health services to an additional 345,000 children and young people by 2023/24. The Ministry of Justice will work with partners to ensure children have access to needed support.
Ministry of Justice
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12 Recommendation Accepted
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
The government agrees more data collection is needed and states the YJB has been collecting data on Community Resolutions and informal outcomes, including age, sex, and ethnicity, since April 2020. They will explore publishing this data once a full year of quality data is collated.
Ministry of Justice
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14 Recommendation Accepted
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
The government provides details on its ongoing review into the use of custodial remand for children, outlining an initial suite of recommendations focusing on data, practice, community provision, and disproportionality. Publication of the final report is planned for spring 2021.
Ministry of Justice
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24 Recommendation Accepted
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
The government provided a table of outstanding youth cases in magistrates’ and Crown Courts from January to June 2020. They also detailed steps being taken, including a Youth Justice Working Group and recovery plans, which have led to youth courts concluding more cases than received since July 2020.
Ministry of Justice
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25 Recommendation Accepted
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
Government Response
The government highlights existing guidance and arrangements for remote hearings to support parties. It confirms that the Ministry of Justice and HMCTS are conducting an evaluation of remote hearing impacts, with findings due in spring 2021, and are working to address COVID-19 backlogs in youth courts.
Ministry of Justice
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2 Recommendation Accepted
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
Government Response
The government details immediate actions already taken by the YCS, including introducing a national single point of contact and publishing an action plan in January 2020, and states that a taskforce was established to review the separation model, with work progressing on a new framework.
Ministry of Justice
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3 Recommendation Accepted
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
The government expects the new consistent policy framework for separation across the youth secure estate to be published by August, with immediate implementation to follow.
Ministry of Justice
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4 Recommendation Accepted
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
Government Response
The government outlines existing partnerships and mechanisms with NHSE&I to ensure appropriate placement and states that a revised procedure for transfers under the Mental Health Act will be published by NHSE&I in spring 2021, while committing to continued collaborative work.
Ministry of Justice
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5 Recommendation Accepted
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
Government Response
The government describes its existing multi-disciplinary approach within the Framework for Integrated Care, ongoing efforts to build staff skills, and monthly review of self-harm data using central management information to understand trends and prevent self-harm.
Ministry of Justice
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6 Recommendation Accepted
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
The government agrees to understand why self-harm reduced and states it has commissioned a Covid-19 Research and Evaluation Programme, with the final report due in late spring 2021, to better understand these lessons.
Ministry of Justice
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8 Recommendation Accepted
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
Government Response
The government explains the rise in use of force is partly due to complex girls and outlines steps including developing a Girls Strategy, improving data capture for different levels of force, planning the removal of pain-inducing techniques, and establishing an independent review panel for monthly scrutiny.
Ministry of Justice
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9 Conclusion Accepted
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
The government states it committed to removing pain-inducing techniques from the MMPR syllabus and aims to achieve this by the summer, supported by staff training for full implementation across all sites.
Ministry of Justice
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10 Recommendation Accepted
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
Government Response
The government commits to removing pain-inducing techniques from the MMPR syllabus by the summer, stating that a review has concluded and mandatory refresher training has been updated to focus on de-escalation and behaviour management.
Ministry of Justice
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14 Recommendation Accepted
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
Government Response
The government details reforms since the Taylor Review, including the introduction of Youth Justice Specialist roles with 201 officers qualified, ongoing refurbishments with in-room showers and technology, and £7m secured for youth secure estate maintenance in 2021/22.
Ministry of Justice
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15 Recommendation Accepted
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
Government Response
The government outlines its workforce strategy, highlighting the Youth Justice Specialist role with 201 qualified officers, and confirms an ongoing internal review into staff turnover in the youth secure estate, with a provisional reporting date of June 30, 2021.
Ministry of Justice
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17 Recommendation Accepted
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
Government Response
The government acknowledges duplication and states they will foster multi-agency working and co-produce single, coordinated resettlement plans with children and young people following their Formulation, which is currently in the development stage.
Ministry of Justice
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19 Conclusion Accepted
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
The government confirms the Youth Custody Service is producing a 'Transitions of young people from youth to adult custody' Policy Framework, aiming to publish it later this year, and HMPPS is collaborating to improve the national transition process, with an ongoing pilot and interim oversight model in place.
Ministry of Justice
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20 Recommendation Accepted
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
Government Response
The government is producing a ‘Transitions of young people from youth to adult custody’ Policy Framework, aiming to publish it later this year with implementation details. It also details ongoing work with HMPPS, including a pilot program, and interim central oversight to support young people during transitions.
Ministry of Justice
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Government Response AI assessment · 45 of 38 classified
Accepted 21
Accepted in Part 4
Acknowledged 9
Deferred 6
Rejected 5
Total 38 recs + 7 conclusions
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)
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9 Sep 2020 Written evidence from Magistrates Association
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23 Jul 2020 Written evidence from The Association of Youth Offending Team Managers
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21 Jul 2020 Written evidence from JUSTICE
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21 Jul 2020 Written evidence from Youth Justice Board
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21 Jul 2020 Written evidence from UK National Preventive Mechanism
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21 Jul 2020 Written evidence from Royal College of Psychiatrists
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21 Jul 2020 Written evidence from EQUAL
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15 Jul 2020 Written evidence from the Children's Commissioner
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8 Jul 2020 Written evidence from Royal College of Psychiatrists
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24 Jun 2020 To committee Letter from Lucy Frazer QC MP, Minister of State for Justice, dated 17 June 2020 on Secure Schools Programme
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23 Jun 2020 To committee Letter from Lucy Frazer QC MP, Minister of State for Justice, dated 17 June 2020, on Youth Custody Reports
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