12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system

Select Committee
Justice Committee HC 306 12 November 2020
Report Status Government responded
Conclusions & Recommendations 25 items (21 recs)
Source View on Parliament website
Government Response (AI assessment · 25 of 25 classified)
Accepted 8
Accepted in Part 2
Acknowledged 6
Deferred 4
Rejected 5
Government response
9th Special Report - Children and Young People in Custody (Part 1): Entry into the youth justice system: Government Response to Committee’s Twelfth Report of Session 2019–21 · published 10 Feb 2021
Read the government response ↗ Response on the tracker
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Recommendations & Conclusions

8 results
1 Recommendation Accepted
Although fewer children enter the youth justice system than used to be the case, those...
Recommendation
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 Summary
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
Para 37
We recommend that the Ministry of Justice and Youth Justice Board work together to start...
Recommendation
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 Summary
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
Para 42
We note that there are inconsistencies in the provision and practice of diversion schemes across...
Recommendation
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 Summary
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
We are aware that children coming into contact with the criminal justice system may not...
Recommendation
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 Summary
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
Para 78
It is not clear whether diversion schemes disproportionately benefit White children compared with their BAME...
Recommendation
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 Summary
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
Para 98
We note that the number of children on remand is high and that two thirds...
Recommendation
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 Summary
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
Para 138
The Covid-19 pandemic has affected every area of the criminal justice system, including youth justice.
Recommendation
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 Summary
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
Covid-19 has necessitated a shift to remote hearings, but we have heard concerns from witnesses...
Recommendation
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 Summary
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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