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The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
It is an absolute pleasure to serve under your chairmanship, Mrs Brooke. I congratulate my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on securing this debate and bringing this important matter to the House. I congratulate the members of his all-party group, of which you are an esteemed member, Mrs Brooke, as is the noble Baroness Massey, among others. The report “It’s all about trust” is a comprehensive, extensive and thorough piece of work that shows what all-party groups can achieve when their members get together to do incredibly detailed and thorough work.
My right hon. Friend the Member for Lewes (Norman Baker), then Minister for Crime Prevention, attended the launch of the report. His successor, my right hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone), gave the Government’s response to the noble Baroness Massey on 14 November last year.
Young people may come into contact with the police for various reasons and it is crucial that, when they do, police treat them in a way that is appropriate to their age and status as children. The police have a statutory duty to safeguard and promote the welfare of children and they must take it very seriously. My hon. Friend made interesting points about early familiarity and getting to know the police, and about not being fearful and there not being a “them and us” situation. He makes exactly the right points. The report is informative about such ideas, and I will mention my thoughts about how those can be achieved.
My hon. Friend also said that children are often treated as mini-adults. We are in a strange world for children and young people. They grow up so quickly: the age of sexual maturity is being reached at an ever younger age, but the age of emotional maturity is not coming down. There are children who are sexually mature, but not emotionally mature. There is a temptation to treat children as adults.
As a mum, I often want to treat my children as mini-adults and expect them to behave as mini-adults, but I have to remember that they are children. Children behave in ways that adults would not, and they do things that an adult simply would not do. A child’s relationship with certain individuals can mean that those people appear almost parental. Those in authority—particularly the police—have to remember that their relationship with a child is a distorted one compared with their relationship with adults.
My hon. Friend talked about the use of stop-and-search on under-18s, as did the hon. Member for Birmingham, Erdington (Jack Dromey). I am proud of the steps taken by the Home Secretary with regard to stop-and-search across the board. The Government are clear that powers of stop-and-search, when used correctly, are vital in the fight against crime. Regardless of age, the powers must be applied fairly and only when needed. No one should be stopped on the basis of their race, ethnicity or age.
My hon. Friend mentioned different outcomes in various forces, some of which are clearly better than others. He also talked about the police and crime commissioner in his constituency, Katy Bourne, who was the first evidence giver in the report’s evidence sessions. Clearly, good work is being done in Sussex. He is right: we should all learn from that and ensure that all forces take on board such good work. All forces can learn. There is always more that can be learned, even for those that are exemplary at the moment.
In summer 2013, the Government launched a broad public consultation on the use of stop-and-search powers, following which the Home Secretary announced a comprehensive package of reforms. The measures are designed to ensure that the powers are used lawfully and proportionately and in a targeted and intelligence-led way.
An important announcement was the best use of stop-and-search scheme, to which all 43 forces in England and Wales and the British Transport police have voluntarily signed up. The scheme introduces public scrutiny and ensures that the police collect and publish thorough data on the outcomes of stop-and-searches. Additionally, the Government have revised Police and Criminal Evidence Act 1984 code of practice A to provide clarity to police officers on what “reasonable grounds for suspicion” means.
There is no doubt that the Government’s reforms will impact positively on all sections of society, including children. To support all that work, the Government commissioned the College of Policing to review the national training on stop-and-search for all officer ranks. It is undertaking that review with the Equality and Human Rights Commission, and we have specifically asked that the college consider children as part of it.
On young people in custody, children who come into contact with the police are afforded important safeguards by virtue of section 11 of the Children Act 2004. It places the police under an obligation to make arrangements to safeguard and promote the welfare of children when exercising their functions. Additionally, the 1984 Act provides a clear legal framework for all interactions in police custody, and there are special provisions for children and young people.
In the past 18 months, two significant legal changes to the PACE codes of practice have impacted specifically on children and young people. The first was an amendment to code G to ensure that police officers ascertain whether when adults are arrested it is also necessary to arrest a child and bring them into custody. The second change was that, following the Hughes Cousins-Chang judicial review in April 2013, the Government amended PACE codes of practice C and H to give 17-year-olds the same safeguards in police custody as children aged 10 to 16. Specifically, that concerned the provision of an appropriate adult and the provision for the police to inform the child’s parent or legal guardian of their detention.
I feel particularly strongly about that because of the work we are doing with the modern slavery strategy and the Modern Slavery Bill. We have seen significant evidence that child victims of trafficking need additional support. We are trialling child trafficking advocates with the assistance of Barnado’s. I hope the evidence from that trial will enable us to introduce those advocates across the country in the near future specifically for child victims of trafficking. Obviously, the learning and evidence we receive from that trial will assist in all children-in-custody issues.
My hon. Friend the Member for East Worthing and Shoreham talked about the identification of victims, an issue that appears across the board in so many areas of safeguarding and vulnerable people. Often, the first time the authorities will find out that someone is a victim, whether that is of slavery, child sexual abuse or other forms of abuse, is when they come into contact with the police through a custody sergeant. They often will have been arrested for committing crimes that they were forced to do as a result of their circumstances. We need to make it a matter of course that the police and in particular those first points of contact identify victims, spot the signs and do not treat them as criminals. By getting in at the earliest possible opportunity, we will ensure that children are not criminalised when they should not be and be able to give them the support they need and find the genuine criminals. I feel strongly that we need to ensure that all police officers are trained in victim identification.
My hon. Friend talked about 17-year-olds. We discussed that issue in the Modern Slavery Bill, which refers to those “under 18”, and the Serious Crime Act 2015, where we looked at how various provisions affected 16 and 17-year-olds. The Government have recognised that there continue to be some ways in which 17-year-olds are treated as adults in the 1984 Act. For that reason, the Government launched a review of the provisions, and it reported to the Home Secretary in October. It recommended that all provisions in the legislation that treat 17-year-olds as adults should be amended. The Government are clearly committed to making that change.
Another recent change we made was in the Serious Crime Bill, which I am pleased to say became an Act this month. That change was to remove the term “child prostitution” from legislation, which was an incredibly important step. It could be called symbolic, but it is more than that, because it says that children cannot choose to enter into a life of prostitution. Children never choose to be prostitutes; they are always the victims. I am pleased that we could make that change through the 2015 Act.
The most significant provision of PACE concerning the overnight detention in police custody of 17-year-olds has been amended. The Government seized an opportunity in the Criminal Justice and Courts Act 2015 to ensure that the requirement to transfer children to local authority accommodation will now also apply to 17-year-olds who have been charged and denied bail. In addition, just this week Her Majesty’s inspectorate of constabulary published its thematic inspection of the treatment by the police of vulnerable people in custody. The report covers the treatment of children and some of its findings are extremely concerning. It is hard-hitting in its call for improvements, particularly on the unnecessary overnight detention of children in police custody. The Government welcome the report and are carefully considering its findings.
The police play a crucial role in safeguarding children and young people from abuse. As well as their duty to investigate criminal offences, the police have emergency powers, for example, to enter premises and ensure they can provide immediate protection for children believed to be suffering, or likely to suffer, significant harm. Officers work with a number of partners in protecting children, including community safety partnerships, drug action teams, the multi-agency risk assessment conference and the multi-agency public protection arrangements. They have a duty to share information with other organisations, if that is necessary to protect children. Shared offices and such models as the multi-agency safeguarding hub are designed to encourage partnership working and the exchange of information needed to protect children and the public.
The police have an important role in protecting missing children. Children and young people make up approximately two thirds of missing reports in the UK. Although the vast majority of people who go missing return or are quickly found, many vulnerable children and adults suffer harm and exploitation while missing. Some never return. Identifying and ensuring the safest return possible for those vulnerable children and adults is a key part of the police service’s child protection and wider safeguarding roles. Protecting those at risk of abuse and exploitation is a key priority for the Government, and we work closely with the police to deliver the aims of the cross-Government missing children and adults strategy. The strategy highlights the issue’s importance and provides a core framework for local areas to consider whether they can and should do more to protect children and vulnerable adults who go missing. It requires a range of local and national partners, including the Government, to contribute to the prevention, protection and provision of support for missing persons and their families.
Every effort must be made to prevent looked-after children from being drawn unnecessarily into the youth justice system. Where the police come into contact with looked-after children who may have committed an offence, they have a range of powers that enable them to exercise discretion on the necessary response. Such approaches as community resolution may allow them to resolve the situation without children being charged over relatively trivial incidents.
I was struck by Members’ contributions on antisocial behaviour. My father is a pub landlord, and he was the chair of the local pubwatch. They had problems with kids playing football in one of the car parks, and all the residents were complaining. My dad said, “Why do the police not pick a ball up and play football with them? Why are they trying to arrest them? These are kids. They are not doing anything wrong. They are playing.”
I visited a slavery safe house recently that backs on to a primary school. I asked, “Do you have a problem with the school? Is the school nervous about the fact that you have people in here who have been through some of the most horrendous experiences?” They said, “No, the school is very understanding. There is nothing more wonderful for those victims than hearing the laughter of schoolchildren playing at lunch time. To hear those children out at break time, kicking a football, playing and laughing—those joyous noises make such a difference for those victims.” I will suggest the Midnight Football idea to my local police.
I want to mention the street pastors. I am sure many of us have them in our constituencies. I went to join the Leek street pastors a while ago, on the night the Christmas lights were being switched on. Lots of young people were around. The street pastors were fantastic. They have many weapons in their arsenal, but my favourite were the lollipops. They would go around near the bus station and places where young people might be hanging around—possibly looking like they were about to cause trouble, if one wanted to see it that way—and hand out lollipops. It turns out that, particularly when any sort of tension or aggression starts, the lollipops act like dummies. People suck away on them and the sugar rush gets a bit of sobriety into their bloodstreams, should they be slightly older and therefore allowed to drink, and they all calm down. They suck away like a child sucking on a dummy, and all the aggression goes. It was fantastic, so I recommend lollipops as a very good approach.
The Government take domestic violence and abuse extremely seriously and recognise that young people can be victims in both the home and their relationships. We are continuing to work with victims groups and other Government Departments to raise awareness and signpost where to seek help, which is why, in March 2013, we extended the definition of domestic violence and abuse to include 16 and 17-year-olds, with additional wording to capture coercive control.
The Government deplore the sexual abuse and exploitation of children and will not tolerate at any level failure to prevent harm, support victims and bring offenders to justice. We must protect children from sexual exploitation so that we never again have another case like those in Oxford, Rochdale or Rotherham, where local authorities and the police failed the children whom they had a duty to safeguard. The police have already taken action. For example, all chief constables have committed to a policing action plan that aims to raise the standards in tackling child sexual exploitation. Police and crime commissioners also have a clear role in holding chief constables to account. Nevertheless, the Government are clear that more can and should be done to protect children from sexual abuse.
There are three key challenges for the police. First, to improve the quality of their child sexual abuse investigations in order to bring offenders to justice. Secondly, to improve the identification of victims and survivors, including victims of organised offending, which we discussed earlier, so that they can better target offenders and protect those at risk of further abuse. Finally, the police must improve the support that they provide to victims during investigations. That means that they must focus on the credibility of the allegation, not the victim and their behaviour; they must work together with local agencies, particularly social services, and better share information to ensure that victims and offenders do not slip through the net; and they must work together with the National Crime Agency and other police forces to better identify organised child sexual abuse.
On 3 March, in our report on tackling child sexual exploitation, the Government set out a number of actions to support the police and local agencies to address the challenges that they face. Those actions include: giving child sexual abuse the status of a national threat in the strategic policing requirement; funding a new network of regional police co-ordinators, located in regional organised crime units, who will help to better identify organised child sexual abuse across police force boundaries and ensure that cases are tasked appropriately; and setting up a new centre of expertise to combat child sexual exploitation. All that will help the police and other agencies to understand national data and evidence and the front-line practice and models of integrated working that work best.
Preventing and disrupting offending must be a priority for the police. That is why, on 8 March, the Government commenced new powers, including sexual harm prevention orders and sexual risk orders, which the police can apply for where an individual poses a risk of sexual harm in the UK or abroad, and powers to close an establishment that might be used for sexual activity with a child. Finally, the National Crime Agency has a key role to play in tackling these disgusting crimes. Through the national tasking process, it leads work to identify those individuals and organised groups of offenders who pose the greatest risk to children, and agree a comprehensive, targeted response.
Clearly, this is not a simple matter; if it was, we would have dealt with it years ago. The report from my hon. Friend the Member for East Worthing and Shoreham and the all-party group makes for compelling reading and sets out some excellent recommendations. He has worked so hard, both with the all-party group and when he was a Minister, to raise awareness of this incredibly important issue. I pay tribute to my hon. Friend and his all-party group, and I pay tribute to this debate.