Recommendations & Conclusions
21 items
1
Recommendation
12th Report: Children and Young People …
Accepted
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 …
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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 the issues that these children have faced, as shown in the graph above, highlights the need for a whole-system approach involving a range of public agencies beyond those of the criminal justice system, and we recommend that much greater priority be given to this in the development of future policy and practice. (Paragraph 24) Diversion from formal criminal justice processing
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Government response AI 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.
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Ministry of Justice
3
Recommendation
12th Report: Children and Young People …
Accepted
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.
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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.
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Government response AI 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, …
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Ministry of Justice
5
Recommendation
12th Report: Children and Young People …
Accepted
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 …
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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 should include an evidence base for out-of-court disposals, examples of good practice and a framework for data recording.
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Government response AI 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.
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Ministry of Justice
8
Recommendation
12th Report: Children and Young People …
Accepted
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 …
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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 who need it. The Ministry should set out how this will be achieved and resourced. (Paragraph 54) Minimum age of criminal responsibility
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Government response AI 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 …
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Ministry of Justice
12
Recommendation
12th Report: Children and Young People …
Accepted
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, …
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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, and it is therefore difficult to understand whether diversion schemes are being disproportionately used. In adopting our previous recommendation that the Ministry of Justice and Youth Justice Board work together to collect data on informal diversion schemes, the two bodies should include demographic information in that data.
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Government response AI 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.
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Ministry of Justice
14
Recommendation
12th Report: Children and Young People …
Accepted
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 …
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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 limited amount of time available to put together an alternative bail package may all be contributing factors. We welcome the MOJ’s current review of youth remand, but request more detail on what that review is covering. The Ministry should also set out the timeframe in which they intend to complete the review and publish its results and any action plan.
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Government response AI 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.
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Ministry of Justice
24
Recommendation
12th Report: Children and Young People …
Accepted
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; …
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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; defendants awaiting trial will spend longer in custody on remand or on bail in the community, and victims will wait longer for justice. We invite the Ministry of Justice to set out the number of outstanding cases in the youth courts and what steps are being taken to ensure that cases are dealt with expeditiously.
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Government response AI 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 …
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Ministry of Justice
25
Recommendation
12th Report: Children and Young People …
Accepted
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 …
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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 to a proceeding are adequately supported during remote hearings. We reiterate our previous recommendation, that the Ministry should urgently commission a review that evaluates the effect of Covid-19 measures in the magistrates’ courts and the Crown Court. This review should also consider the specific effect Covid-19 measures have had on access to justice and fairness of outcomes for children and young people. (Paragraph 139) Children and Young People in Custody (Part 1): Entry into the youth justice system 51
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Government response AI 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 …
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Ministry of Justice
2
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 is being done to ensure coherent and consistent practice across the estate.
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Government response AI summary
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.
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Ministry of Justice
3
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 Service set out when this piece of work will be completed and when the new framework will be implemented.
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Government response AI summary
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.
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Ministry of Justice
4
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 offenders is a substantial factor in their self-harm or their level of risk to staff or fellow offenders, we recommend that the Ministry work with the Department of Health and Social Care to identify mechanisms to ensure appropriate placement for individuals who require treatment and to make sure that young offenders are in the right place to receive the treatment they need.
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Government response AI summary
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.
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Ministry of Justice
5
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 specifically to address self-harm.
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Government response AI summary
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.
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Ministry of Justice
6
Recommendation
16th Report - Children and young people…
Accepted
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 AI summary
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.
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Ministry of Justice
8
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 Service conduct a light-touch review of monitoring and governance processes in place for use of force involving children and young people in all the institutions that hold them to establish that those processes are sufficiently robust.
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Government response AI summary
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 …
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Ministry of Justice
9
Conclusion
16th Report - Children and young people…
Accepted
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 …
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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 Taylor that in the real- life circumstances of a Youth Offender Institution or a Secure Training Centre, the safety of staff and of of offenders themselves may on rare occasion require direct and immediate physical force that may inflict pain.
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Government response AI summary
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.
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Ministry of Justice
10
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 Justice and Youth Custody Service remove pain-inducing techniques from the MMPR syllabus without further delay. The Ministry and Youth Custody Service should also set out a timeframe for conclusion of the review, redesign and delivery of the new syllabus. (Paragraph 68) Disproportionality in custody
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Government response AI summary
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.
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Ministry of Justice
14
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 Ministry of Justice should set out specifically what reforms to the existing estate have taken place since the Taylor Review and what reforms are in progress or due to commence and complete over the next two years, before the new secure school opens.
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Government response AI summary
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.
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Ministry of Justice
15
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 set out its workforce strategy, specifically relating to staff in the youth custodial estate. We further recommend that the Ministry commission research into the reasons why staff turnover has been high. (Paragraph 99) Resettlement and Reoffending
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Government response AI summary
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.
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Ministry of Justice
17
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 to a number of different, uncoordinated resettlement plans. The Ministry of Justice and Youth Custody Service should set out what work is being done to reduce duplication and ensure that children have a single coordinated resettlement plan.
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Government response AI summary
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.
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Ministry of Justice
19
Conclusion
16th Report - Children and young people…
Accepted
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 …
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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 concerns, not least from Young Advisers with practical experience, that the simple change from being 17 to 18 may not denote full maturity in some young people who are in custody, and that the transition may prove to be what the Chief Inspector of Probation calls a ‘cliff edge’ for those individuals.
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Government response AI summary
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 …
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Ministry of Justice
20
Recommendation
16th Report - Children and young people…
Accepted
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 …
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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 those coming from youth estate to ensure that those who do so do not find themselves on a ‘cliff edge’. We recommend that the Ministry of Justice set out when the ‘transition from youth to adult custody’ policy framework will be published and how it will be implemented across the youth and the adult estates. The Ministry should also update us on the practical steps being taken in the interim to ensure that those young people who do make that transition receive the support they need and avoid any drop-off in service provision and support. (Paragraph 134) Children and Young People in Custody (part 2): The Youth Secure Estate and Resettlement 45
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Government response AI summary
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 …
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Ministry of Justice