Recommendations & Conclusions
45 items
1
Recommendation
12th Report: Children and Young People …
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; many are, or have been, looked-after children. The complexity of …
Government response. 1. We welcome the Committee’s recommendation as we recognise that children who offend are some of the most vulnerable in our society, often with multiple complex needs and which require a combined approach from a range of agencies to address, …
Ministry of Justice
2
Conclusion
12th Report: Children and Young People …
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 of such schemes is patchy at best, particularly for informal, …
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 disposals have the lowest reoffending rate of all disposals for …
Ministry of Justice
3
Recommendation
12th Report: Children and Young People …
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, health outcomes and education outcomes.
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 data on Community Resolutions and other informal outcomes with YOT …
Ministry of Justice
4
Recommendation
12th Report: Children and Young People …
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 and effectiveness of formal and informal out-of-court disposals.
Government response. 11. The Committee’s report highlights findings that the quality of intervention work in out-of-court disposals is generally good and effective, and we know that youth cautions have the lowest reoffending rate for children. We are concerned, however, to see some …
Ministry of Justice
5
Recommendation
12th Report: Children and Young People …
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. As suggested by the Centre for Justice Innovation, this guidance …
Government response. 16. There is already statutory guidance in place for youth out-of-court disposals,3 which we keep under review. While some variation in use of out-of-court disposals will arise from appropriate differences in local practice, it is important that there is clear …
Ministry of Justice
6
Recommendation
12th Report: Children and Young People …
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 with the Youth Justice Board to review current funding arrangements …
Government response. 18. The YJB’s funding for YOTs makes up on average just under a third of the total funding YOTs receive. This money must be spent on the delivery of youth justice services, but how it is spent within that constraint …
Ministry of Justice
7
Conclusion
12th Report: Children and Young People …
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 included in the current evaluation taking place of adult liaison …
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 young people were not included within the adult liaison and …
Ministry of Justice
8
Recommendation
12th Report: Children and Young People …
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 to mental health support for all children and young people …
Government response. 23. We recognise that children who offend are some of the most vulnerable in our society and a significant proportion who enter the youth justice system do so with concerns relating to their mental health. We are clear that addressing …
Ministry of Justice
9
Conclusion
12th Report: Children and Young People …
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 immediately increased, but given the arguments in favour of raising …
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 of the current minimum age of criminal responsibility in England …
Ministry of Justice
10
Recommendation
12th Report: Children and Young People …
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 Wales. We recommend that the Ministry report on the implications …
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 of the current minimum age of criminal responsibility in England …
Ministry of Justice
11
Recommendation
12th Report: Children and Young People …
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 BAME backgrounds continue to be disproportionately represented, with outcomes getting …
Government response. 33. We want people to have confidence in a justice system that is fair and open—one where no person suffers discrimination of any sort. We share deeply the concerns about where we are now in terms of disproportionality. We will …
Ministry of Justice
12
Conclusion
12th Report: Children and Young People …
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 picture on who is being diverted and who is not, …
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 data on Community Resolutions and other informal outcomes with YOT …
Ministry of Justice
13
Recommendation
12th Report: Children and Young People …
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. We agree with Transform Justice, that the disproportionate use of …
Government response. 46. We accept that disproportionality in the criminal justice system is a concern, and that the picture is particularly stark when it comes children on remand. 47. The Committee highlights research that the YJB has commissioned into the drivers of …
Ministry of Justice
14
Conclusion
12th Report: Children and Young People …
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 increase in serious violence; lack of credible community alternatives; and …
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, focusing on the work and challenges faced by staff delivering …
Ministry of Justice
15
Recommendation
12th Report: Children and Young People …
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 have been sent to custody pending a psychiatric report. We …
Government response. 59. The recently published MHA White Paper accepts in principle the Independent Review’s recommendation. The Government agrees with the Review that prison should not be used as a place of safety on the grounds of mental health but significant further …
Ministry of Justice
16
Recommendation
12th Report: Children and Young People …
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 a Youth Rehabilitation Order as a sentencing option for first-time …
Government response. 60. The youth justice system aims to prevent offending by children and young people and deal with children at the lowest appropriate level, emphasising diversion and community resolution for low level offending. We believe that Referral Orders (RO), where an …
Ministry of Justice
17
Recommendation
12th Report: Children and Young People …
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 options, with a view to introducing a feedback loop.
Government response. 64. We are aware that many participants in the youth justice system see value in feedback loops between Youth Courts, Youth Offending Teams and children. As outlined in the white paper, A Smarter Approach to Sentencing, we will explore problem-solving …
Ministry of Justice
18
Recommendation
12th Report: Children and Young People …
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 should include details on what the current capacity is in …
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 below. No official published statistics are available with a breakdown …
Ministry of Justice
19
Recommendation
12th Report: Children and Young People …
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 simply because of delays in bringing cases to court. Defendants …
Government response. 85. Where a child turns 18 after an offence is committed but before conviction, they will be tried in adult court and, if found guilty, the maximum sentence available will likely be higher than that which would have been available …
Ministry of Justice
20
Conclusion
12th Report: Children and Young People …
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 be able to understand and fully participate in proceedings.
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 on intermediaries for defendants as part of a review of …
Ministry of Justice
21
Recommendation
12th Report: Children and Young People …
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 to adequate support. The Ministry should also set out how …
Government response. 89. 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 on intermediaries for defendants as part of a review …
Ministry of Justice
22
Recommendation
12th Report: 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 youth justice system from the outset. We also recommend that …
Government response. 68. Direct recruitment to the youth magistracy has been considered previously, but the initiative has not been pursued to date as there is currently an insufficient caseload in the youth courts for this to be proportionate. In order to achieve …
Ministry of Justice
23
Recommendation
12th Report: Children and Young People …
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.
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 below. No official published statistics are available with a breakdown …
Ministry of Justice
24
Conclusion
12th Report: Children and Young People …
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 with numerous challenges. Delays affect all participants in court proceedings; …
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 below. No official published statistics are available with a breakdown …
Ministry of Justice
25
Recommendation
12th Report: Children and Young People …
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 what work is being done to ensure that all parties …
Government response. 77. HMCTS has put in place arrangements for social distancing and for the mitigation of the risks associated with the pandemic, in consultation with Public Health England and Public Health Wales. This includes the use of live links where the …
Ministry of Justice
1
Conclusion
16th Report - Children and young people…
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 secure estate are of long standing. We find it unacceptable …
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 Government has recognised. This is why the Information Development Project …
Ministry of Justice
2
Recommendation
16th Report - Children and young people…
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 of Justice and Youth Custody Service should set out what …
Government response. The thematic review conducted by HM Inspectorate of Prisons on the separation of boys in YOIs found a system of poor practice in the use of separation across the estate.1 Following the publication of the thematic review, the YCS took …
Ministry of Justice
3
Conclusion
16th Report - Children and young people…
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 and recommend that the Ministry of Justice and Youth Custody …
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 our youth secure estate to ensure the framework is both …
Ministry of Justice
4
Recommendation
16th Report - Children and young people…
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 health treatment beds. In cases where the mental health of …
Government response. The Ministry of Justice (MoJ) recognises the need to ensure all children and young people are placed appropriately, either in the Criminal Justice System or within other appropriate placements for children and young people. To ensure appropriate placement, the YCS …
Ministry of Justice
5
Recommendation
16th Report - Children and young people…
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 should set out what measures they have put in place …
Government response. 15. It is important that children and young people have access to support that aid them in dealing with issues of self-harm and mental health. It is well recognised that children and young people in custody have a range of …
Ministry of Justice
6
Conclusion
16th Report - Children and young people…
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 be aware, at the start of the covid-19 pandemic the …
Ministry of Justice
7
Conclusion
16th Report - Children and young people…
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 Estate and Resettlement force has been rising. While there appear …
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 complex girls within the cohort. This can be seen in …
Ministry of Justice
8
Recommendation
16th Report - Children and young people…
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 and proportionate. We recommend that the Ministry and Youth Custody …
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 complex girls within the cohort. This can be seen in …
Ministry of Justice
9
Conclusion
16th Report - Children and young people…
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, we acknowledge the views of both Peter Clarke and Charlie …
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 of the MMPR syllabus has concluded and applied focus has …
Ministry of Justice
10
Recommendation
16th Report - Children and young people…
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 when it will happen. We recommend that the Ministry of …
Government response. 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. A review of the MMPR syllabus has concluded and applied focus has increased during …
Ministry of Justice
11
Recommendation
16th Report - Children and young people…
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 the response to this Report provide a full and detailed …
Government response. Race disparity is a complex problem, and the Government is committed to building on the Lammy Review’s recommendations by considering the Review, other independent insights and our own data to better understand the issues and how they can be addressed. …
Ministry of Justice
12
Recommendation
16th Report - Children and young people…
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 is disappointing that the timetable for opening has been subject …
Government response. The MoJ and Oasis Charitable Trust (the successful applicant to run the country’s first secure school in Medway, Kent) are working closely with our cross-government partners to get the school ready to open as soon as possible. With secure schools, …
Ministry of Justice
13
Recommendation
16th Report - Children and young people…
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 secure school. We recommend that the Ministry publish a timetable …
Government response. Over the last 10 years, we have seen the number of children in custody decline to the relatively low levels seen today. However, the children who do come into custody are often very vulnerable and have a range of significant …
Ministry of Justice
14
Recommendation
16th Report - Children and young people…
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 of violence and self- harm and about staffing issues. The …
Government response. The Government remains committed to reforming the youth secure estate following the Taylor Review in 2016 and recognises the importance of having a secure estate that is fit for purpose. We have made good progress in a number of reform …
Ministry of Justice
15
Recommendation
16th Report - Children and young people…
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 running of the secure estate. The Ministry of Justice should …
Government response. Since introducing the youth justice specialist role, we have provided funding for every prison officer in the youth secure estate, both public and private, to take up a degree level qualification in youth justice. As referenced above, as of March, …
Ministry of Justice
16
Conclusion
16th Report - Children and young people…
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 should continue to work together to ensure that all children …
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 purposeful activity for all children in custody. We are also …
Ministry of Justice
17
Recommendation
16th Report - Children and young people…
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 areas, but it is sub-optimal that children may be subjected …
Government response. We acknowledge there has been duplication in resettlement work following an internal casework review conducted by the YCS that leaned on the findings of YJB’s ‘How to Make Resettlement Constructive’ report. Following the agreement of all recommendations, a Working Group …
Ministry of Justice
18
Conclusion
16th Report - Children and young people…
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 with the recommendation made by HM Inspectorate of Prisons and …
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 of the foundations of a constructive resettlement experience. Whilst the …
Ministry of Justice
19
Conclusion
16th Report - Children and young people…
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 points between youth and adult justice are necessary, we acknowledge …
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 pre-transitions planning, transitions preparation and engagement with the receiving prison …
Ministry of Justice
20
Recommendation
16th Report - Children and young people…
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 Justice mandate appropriate transition planning in the over-18 estate for …
Government response. 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 pre-transitions planning, transitions preparation and engagement with the receiving prison and …
Ministry of Justice