Criminal Justice and Courts Bill

Baroness Howarth of Breckland Excerpts

Wednesday 22nd October 2014 Lords Chamber

[Baroness Howarth of Breckland (CB)]

My Lords, I had not intended to speak in this debate, which is unusual bearing in mind the subject matter. I am on my feet for two reasons. I have sat in at consultations and I do not think that we will get a change from the Government: the Minister has already had it made it clear to him that this is the way in which the Government wish to move forward. I am on my feet because, despite the difficulties that I recognise he has, I should like him to do all in his power to take the messages back to the Government on behalf of the young people who will face this regime.

I understand the good intentions of the Ministers who have visited some pretty appalling institutions. We have heard from others about the kind of regimes where young people are incarcerated. That does not make this right. We could do even better with £89 million, particularly for this group of children. I find it difficult to disagree with the right reverend Prelate, for whom I have a particular affection. As I have said in many speeches, education cannot always be the centre of a unit for young people who are so highly disturbed. Those working in the field have made it absolutely clear in all that they have said that it would take those six months to settle someone with serious mental health difficulties who has never known consistent care, probably has a brain injury that has not been diagnosed and probably has a series of physical illnesses that will have to be addressed.

I do not doubt for a moment that we need to change the regime and that it is possible to do it. I simply do not think that the answer to the problem is a huge building of 300-plus children. At the moment it will include girls and young children but I deeply hope that when we get to that debate we can at least make some movement on that. The Minister will have access to all the research and advice about small units near facilities where parents, however difficult, can visit. I am not naive. I have run places like this in my time and I have been a director of social services. I have seen these young people and worked with their families. These young people make improvement if they are not anxious about what is going on at home. However much bravado difficult young men show, they are usually very anxious about what is happening at home and in their local community.

Therefore, I ask the Minister to think about giving time. Some of us are not totally against an alternative that might have a number of high-quality facilities in one place in which some of these youngsters might respond. It is simply that this is too fast, as many noble Lords have said. We need much more thought. People have visited really poor, barred institutions; the noble Earl, Lord Listowel, talked about going through bars. In the consultation, the Minister said that he wanted a centre to be light and airy, and a good place to be, with play facilities and health facilities. We all would applaud that. But this would be too big and the culture would be difficult. If the Government have not thought through the staffing and the leadership, the proposal is doomed to failure before it starts. This Government have talked time and again about leadership, about skills and about good, thought-through approaches. We have to have and understand those before this can go through.

I am disappointed that there are so few noble Lords present. I do not doubt that, if there is a vote with a Whip, the amendment will be lost. It would be a travesty for children and young people were that to be so. All we need is time to get this right for the future. We will repent at leisure if we act in haste on this.

--- Later in debate ---

[Baroness Finlay of Llandaff]

My Lords, the hour is getting late and I am aware that we are hoping to divide the House on another amendment. I have spoken about the antecedents and health problems related to some of these young people’s behaviour. However, I remind the House that there are big differences between the girls and boys. More than half the girls have witnessed domestic violence, compared to about a quarter of the boys; 35% of the girls have substance-abusing mothers, compared to about 9% of the boys; and 18% of the girls have substance-abusing fathers, compared to 5% of the boys. When you take the very small number of girls who are extremely disturbed into an environment and confine them near a large number of boys who are also very disturbed, it is almost like putting them in a pressure cooker. I hope that the importance of not having a minority of girls on this site has been taken on board by the Government.

I cannot stress enough the importance of having high-quality clinical staff available, too. This is not just about staffing the posts but having very highly trained people who want to live in that area, be there with a sufficient support infrastructure and have ongoing training and education—as well as succession planning so that one is not left with low staffing levels that could create a crisis.

[Baroness Howarth of Breckland]

My Lords, most of the arguments about girls on this site have been clearly made, so I want to make a quite different point rather than repeat the ones that have been made.

I have looked carefully at both sets of plans for this site. Were one not to accommodate girls and young boys at the far end of the site, the flexibility one would have—maybe for the pathfinder to succeed—would be far greater than one would have with the complication, described by my colleagues throughout this debate, of confining girls who will be claustrophobic, adding to their difficulties. The young boys will simply learn from being on that site all the bravado that comes with it. If one wanted this proposal to succeed at all, one could instead have more space and better capacity provision. The Minister knows I am not in favour of this proposal but I know that it is the wish of those who have visited some of the other establishments to do something better. As I said, one could do even better by using that part of the site to make sure that the pathfinder succeeds.

[Lord Faulks]

My Lords, I am grateful to all noble Lords who have contributed to the debate on these amendments, which are important, although they focus on two narrow but, I understand, critical aspects of these proposed secure colleges.

Dealing first with girls and those aged under 15, Amendments 109 and 117A seek to exclude girls and under-15s from secure colleges, or to prevent girls being accommodated on the same site as boys. I entirely recognise that there is understandable caution about the risks involved in allowing girls and under-15s to be placed in a new type of secure establishment, where the majority of young people will be boys between the ages of 15 and 17. I also recognise the importance of secure colleges being able to address the particular educational, health and emotional needs of these undoubtedly very vulnerable young people.

Let me assure noble Lords that we have gone to considerable lengths in our designs for the secure college to ensure that the younger and more vulnerable groups could be accommodated in separate small units. As my noble friend Lord Carlile told the House, following a meeting in July we made changes to the plans to enlarge the site by two acres, and to ensure that the younger and more vulnerable people have their own sports and recreational facilities. This is not merely tunnels—as he describes it—but separate facilities and separate access routes to the main education and healthcare building. In this way, it will be possible to deliver a distinct regime that caters to these more vulnerable boys and girls. In our consultation on our plans, we have also proposed a rule requiring girls to be accommodated separately from boys. I referred to that consultation earlier this afternoon.

However, I should make clear to the House that no final decisions have been taken on who will be accommodated in the secure college pathfinder. This will be determined in light of the analysis of the make-up of the youth custodial population ahead of the pathfinder opening in 2017. I also gave a commitment in Committee that girls and under-15s will not be placed in the pathfinder from its opening, and that any decision to introduce them would be carefully phased. While I entirely recognise the concerns that lie behind these amendments, I believe that the risks can be sensitively and safely managed. This already happens in secure training centres and secure children’s homes, where boys and girls of different ages are accommodated on the same site.

There have been references to the numbers in the youth custodial estate. I can assist the House by saying that at the moment there are 16 girls in secure children’s homes, and 20 girls in secure training centres. That is a total of 36. There are 25 under-15s in secure children’s homes, and 13 in secure training centres, giving a total of 38. In one of the secure children’s homes there are 24 boys and one girl, so we are not talking about a large number.

We are anxious not to preclude, as a matter of strict law, the possibility of admitting to the secure college girls or those aged under 15. However, the House will know that the Youth Justice Board takes the decisions on where young people who are sentenced or remanded into custody are to be placed. These decisions are taken by specially trained staff and informed by detailed advice from the youth offending teams who have been working with the young people. The Youth Justice Board’s placement decisions are based on the individual needs of a young person. They take into account the whole range of factors that you would expect, such as age, gender, vulnerability, location, offence and any previous history. There is a very nuanced assessment before children are even considered appropriate for the secure college. However, the amendment would absolutely prevent it.