Recommendations & Conclusions
9 items
2
Conclusion
12th Report: Children and Young People …
Acknowledged
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, …
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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, non-statutory diversion schemes, which make up around 40% of all out- of-court disposals. Although data is collected on formal out-of-court disposals, we have an incomplete picture of how many children are diverted from entering the criminal justice system.
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Government response AI summary
The government recognizes the importance of out-of-court disposals in preventing children from entering the criminal justice system and welcomes the Committee's attention to this area.
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Ministry of Justice
4
Recommendation
12th Report: Children and Young People …
Acknowledged
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.
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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.
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Government response AI summary
The government agrees more understanding is needed regarding out-of-court disposals, noting that the YJB's data collection work and previous evaluations will improve understanding, but it does not commit to commissioning a new national evaluation as recommended.
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Ministry of Justice
7
Recommendation
12th Report: Children and Young People …
Acknowledged
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 …
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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 and diversion schemes and recommend that the Ministry of Justice commission an evaluation into the effectiveness of Youth Liaison and Diversion schemes. This evaluation should include the number of children who have been diverted away from the criminal justice system as a result of such schemes.
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Government response AI summary
NHS England and NHS Improvement welcome the recommendation and will consider the merits of undertaking a process evaluation of Youth Liaison and Diversion schemes. They are also developing plans to establish pathfinder areas to identify and promote good practice in 2021-22.
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Ministry of Justice
11
Recommendation
12th Report: Children and Young People …
Acknowledged
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 …
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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 worse in some areas. We are particularly concerned about the disproportionate number of children held in custody who are from BAME backgrounds - 51.9% of the whole cohort as of May 2020. Race disproportionality is significant and fundamental, visible in every part of the youth justice system. We recommend that the Ministry of Justice set out what resource has been allocated to addressing disproportionality. We are not convinced that disproportionality has satisfactorily been “explained or reformed”. The Ministry should also provide the Committee with detailed research setting out why these communities are so 48 Children and Young People in Custody (Part 1): Entry into the youth justice system disproportionately represented in each part of the system, including the cause of their disproportionate imprisonment. The Ministry should set out what action is being taken and resources allocated.
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Government response AI summary
The government shares concerns about disproportionality and commits to understanding and tackling it, stating this is a mainstream responsibility with resources integrated throughout. They refer to existing data publications but do not commit to providing new detailed research or a specific breakdown of allocated resources.
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Ministry of Justice
20
Conclusion
12th Report: Children and Young People …
Acknowledged
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.
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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.
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Government response AI summary
The government recognizes the importance of supporting children in the justice system. It is considering the feasibility of Law Commission recommendations on intermediaries for defendants and highlights existing support for children provided by YOTs and YJB guidance.
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Ministry of Justice
23
Conclusion
12th Report: Children and Young People …
Acknowledged
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 AI summary
The government provides youth outstanding case data up to June 2020 but notes that official statistics post-June 2020 and 2019-2020 timeliness statistics are unavailable due to the pandemic. It details work by the Youth Justice Working Group to address backlogs, stating that youth courts have …
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Ministry of Justice
7
Conclusion
16th Report - Children and young people…
Acknowledged
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 …
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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 to be sound monitoring and governance arrangements at some establishments, such as Parc and Oakhill, this does not appear to be the case for others, as highlighted by HMIP.
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Government response AI summary
The government acknowledges the increase in restrictive physical intervention, particularly for complex girls, and outlines ongoing efforts including a forthcoming Girls Strategy, improved data capture, the planned removal of pain-inducing techniques from the MMPR syllabus, and an independent review panel to scrutinise use of force.
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Ministry of Justice
16
Recommendation
16th Report - Children and young people…
Acknowledged
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 …
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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 and young people have adequate access to education and purposeful activity while in custody and that meaningful opportunities continue through into the community.
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Government response AI summary
The government welcomes the recommendation and commits to continuing multi-agency working with the YCS and YJB, stating it is also working towards commissioning a new educational service for under-18 YOIs to improve learning outcomes.
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Ministry of Justice
18
Recommendation
16th Report - Children and young people…
Acknowledged
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 …
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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 HM Inspectorate of Probation that the Ministry of Justice must develop a national accommodation strategy for children 44 Children and Young People in Custody (part 2): The Youth Secure Estate and Resettlement released from custody. We acknowledge the commitment made by the Minister of State to return to the Committee to report on progress made in these areas.
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Government response AI summary
The government acknowledges the importance of suitable accommodation and the need for collaborative work, stating it is currently exploring policy options through stakeholder engagement to address these issues.
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Ministry of Justice