Recommendation 2

HM Government · verbatim extract Accepted

5. 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 a range of immediate actions, including introducing a national single point of contact responsible for reviewing oversight arrangements for separation. These priority actions were followed by the publication of an action plan in January 2020 addressing the concerns identified by the inspectorate and setting out steps for implementation. 2 Since this time, steady progress has been made against these actions, to help ensure more consistent processes and better outcomes for those separated. 6. In addition to the action plan, the YCS established a taskforce as a result of the separation thematic to review the model of separation. 3 Whilst the Government has been clear that separation should only be used as a last resort it is accepted that in practice this has not always been the case. 7. The findings and recommendations, published in June 2020, were accepted and included the recommendation to create a new system of separation—work is now progressing in the creation of this new framework. The Select Committee recommended: 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. 8. 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 fit for purpose and addresses the concerns raised by the inspectorate and other partners. 9. We are analysing stakeholders’ responses to ensure the policy framework provides robust guidance to sites across the estate. We understand the importance of having this framework published and implemented and expect the policy to be published by August with implementation following immediately after. The Select Committee recommended: 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 . 10. 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 has strengthened its partnership with NHS England and NHS Improvement (NHSE&I) through improved information sharing, thus helping to identify the small number of children who present a complex mix of characteristics and whose needs are more suitably met outside of youth custody. 11. Children and young people whose health needs will be more appropriately met outside youth custody are transferred to a secure hospital under the Mental Health Act 1983 Part III. Last year, on average, this amounted to 10 children or young people each year, who in most cases, are transferred within appropriate timescales. However, there are some limited instances either where the child or young person’s characteristics are more complicated or sensitive and require an extended assessment period, or they do not meet the criteria for admission to a secure hospital and/or custody. 12. We have recently seen a rise in the small number of children who identified as extremely ‘high harm high risk’. To better understand their needs, NHSE&I have commissioned a clinical review of the cohort to support future policy and commissioning work and will be reviewing the evidence and recommendations with HM Prison and Probation Service (HMPPS) to determine next steps. 13. To further improve the appropriate placement of children, a revised procedure for the transfer or re-admission of children under the Mental Health Act 1983 will be published by the NHSE&I in spring 2021. 14. In addition, the YCS continues to work collaboratively with NHSE&I to identify and appropriately support children and young people with mental health concerns in custody. The Critical Case Pathway, jointly led by a lead psychologist and NHSE&I is the current mechanism for oversight and escalation of cases where a child or young person may be awaiting assessment or accommodation in a hospital. We will continue to work closely with the Department of Health and Social Care to ensure these children and young people are accommodated appropriately so they can receive the treatment they need. The Select Committee recommended: