Young Offenders

David Lammy Excerpts

Tuesday 8th March 2011 Westminster Hall

[Paul Maynard]

My hon. Friend anticipates much of my speech. We certainly lack a fundamental ability to assess the needs of young offenders when they enter the youth justice system and determine how best to address those needs. They therefore end up in the secure estate without having been assessed properly, because the tools are not present in the system, which is a great worry that I shall discuss later. The conveyor belt appears to be constructed almost to minimise effective exit points before reaching the secure estate. That should be of great concern, because disadvantaged children face particular problems in both the courts and custody.

It goes without saying that reoffending by juvenile offenders is extremely high. Some 75% of those released from custody and 68% of those given community sentences or other disposals in the community reoffend within a year. Why is that? Undoubtedly, some of them commit crimes and are bad people, but for a significant number, the ineffective screening process and lack of appropriate tools for identifying behavioural and communication difficulties almost set them up to fail.

I welcome, for example, the Minister’s proposed amendments to the Bail Act 1976, which would remove the option of remand for young people who were unlikely to receive a custodial sentence, but I would also welcome an assurance from him that the alternatives will adequately protect vulnerable children. When I visited Barton Moss secure children’s home, I was struck by the fact that many children are remanded there on bail for their own protection and welfare, even though they might not end up receiving a custodial sentence. There must be no presumption against a custodial remand.

Equally, when offenders reach the youth court, they find disadvantage once again. Little is done to screen young offenders for mental illness, learning disability or speech, language and communication difficulties. It is no use imposing a disposal of any sort if the young person cannot comprehend the punishment or interpret what is occurring to them in what can be a very off-putting setting. I admit that I have never visited a youth court, but I can imagine the feelings of a nervous child entering that formal situation, uncertain of the process and of what is occurring.

I welcome the previous Government’s introduction of a witness intermediary scheme to help witnesses with speech and language problems or communication difficulties better to present their case in court, but I must ask why such assistance is not also afforded to defendants suffering from similar problems. Does a child’s impairment increase the possibility of custody, because it makes it more likely that they will fail to comply with a youth rehabilitation order, or because there is a lack of an appropriate youth justice programme that might enable compliance? If so, it is a damning indictment of the system. Is it really the aim of our society that eloquent children should be more able to plead for one last chance?

When children get to custody, they have what is called the Asset form, which is the primary document for interpreting children’s needs. Those forms are critical to the development of appropriate care and sentence plans, but they are structurally flawed, because they fail to identify speech, language and communication difficulties. They impair identification of individual problems and make it harder to address those difficulties during the time in custody, however short or long it may be. The inadequacy of Asset means under-reporting of those problems, and I believe that they are taken insufficiently seriously within public policy circles.

We should recognise that, thanks to Lord Bradley’s report, improvements have been made to the way in which mental health is addressed, but the situation is by no means perfect. Indeed, it is a success only relative to the absolute failure in terms of other needs. The consequences of that failure in screening and appropriate identification are severe. As I have said, we are setting young offenders up to fail, which manifests itself in the rapid increase in the numbers of young offenders who are returned to remand for breach of conditions. For example, someone might be given what is still called an ASBO—an antisocial behaviour order—and told that they cannot enter a particular road. However, their grandmother might live on the other side of that road and, if they cross it to see her and somebody spots them and reports them for it, that is a breach. It might get them sent back to a young offenders institution, but it seems to me to be a technical breach. It might even be that the young person cannot comprehend that to get to their grandmother’s house, they would be breaching an ASBO in the first place. If they do not receive appropriate care and an appropriate sentence plan, and if they have a basic lack of understanding of the process in which they are engaged and are incapable of engaging with the interventions provided for them, we are setting them up to fail.

The story is the same when they get to custody. Nick Hardwick, the chief inspector of prisons, has said:

“Prisons can offer a short window of opportunity for the majority of young people who end up in custody…That is an opportunity that must not be wasted.”

I am concerned that it is being wasted in some instances. For example, it is critical that children who might have dropped out of the education system and have not acquired the basic skills of literacy and numeracy are re-equipped with them, if they are to fulfil a purposeful life once they are released. However, it is clear from written answers provided to me by the Minister that the number of such young people achieving literacy qualifications dropped from 2,104 in 2006-07 to just 1,350 in 2009-10. Similarly, the number completing numeracy courses dropped from 2,680 in 2006-07 to 1,813 in 2009-10. I doubt that that is simply because of a decrease in the numbers in those institutions. There is clearly something more structural going on, and I would welcome some more information on why it might be occurring.

[Mr David Lammy (Tottenham) (Lab)]

The hon. Gentleman is making a good contribution. On his last point, does he recognise—I say this as a former Minister with responsibility for skills and training in prisons—that, although many young people are making progress in our prisons, we were not able to introduce schemes such as Building Schools for the Future in prison greatly to improve facilities? Does he also agree that it is important for young people on short sentences that their integration back into, usually, further education in the community happens in a real way?

[Paul Maynard]

I thank the right hon. Gentleman for that contribution, which raises a wider point about who owns the child when they progress through the criminal justice system. One of my concerns is that when someone transfers from their home local authority to the secure estate, their home council effectively washes its hands of them. When they have gone through pupil referral units—or educational diversity, as we call it in Blackpool—and then find themselves in a young offenders institution, it is almost like starting again. They are then released and, yet again, they start again when they are returned to their local authority. Again, there is a lack of cohesion.

I should also like to deal with the issue of the prison escort records of young offenders at young offenders institutions. I have been informed in a letter from the Ministry of Justice that the initial assessment of a prisoner’s language skills is made by the custody manager who completes the escort record, but there has been no national review of the quality or accuracy of those reception language assessments. There is no obvious evidence of the use of a tool that is approved by the professional bodies.

I do not believe that in custodial settings we have enough speech and language therapists. Speech and language intervention at Red Bank secure children’s home reduces the need for physical restraints from two to three times a day to just two times a week, but only 15% of youth offending teams have access to speech and language therapy. I am particularly concerned that the changes to prison health care and the re-assignment to the Department of Health risk worsening prison health care. I am concerned that a primary care trust in which a young offenders institution is located now has to take responsibility for all the young offenders in that institution. It is causing problems in relation to securing funding for the health care within that institution. Will the Minister comment on that and explain why the change has occurred and how he hopes to protect those in young offenders institutions who are in need of specialist health provision that PCTs now appear reluctant to fund?

We need to provide more exits in the community from the so-called conveyor belt. As I have said, I welcome the fact that we are trying to avoid the use of remand. I support the concept of local authorities bearing more of the burden of responsibility for the cost of youth justice in their community—a child from Blackpool does not cease to be a child from Blackpool when he is in Hindley young offenders institution—which was an idea raised by the recent Green Paper. Payment by results is another frequently cited intervention, but I am not sure that it is fully understood yet. I would welcome some reassurance that the schemes on offer are not merely a case of helping the low-hanging fruit first to demonstrate that the process works, but are focusing on those who are hardest to help.

Lord Bradley’s review, which I mentioned earlier, recommended that all youth offending teams have a suitable, qualified mental health worker with responsibility for making appropriate referrals. Child and adolescent mental health services are a particularly malfunctioning part of our health care system. The likelihood of CAMHS taking on a 15 to 17-year-old who presents for the first time with mental health problems is, I am afraid, pretty close to zero. Their view is that they will have to wait to be dealt with by the adult mental health care system. Structurally, that cannot be what is intended by any Government of any political persuasion. A child and adolescent mental health service has the word “adolescent” in it, which surely applies to the 15 to 17 age group.

I should also like to focus on the issue of transitional services for children entering adulthood, a period for which, in my view, there is no real age limit, because young people develop into adults at different ages. The issue will be covered in the forthcoming special educational needs Green Paper, but I hope that, just as early intervention was the public policy fad—if I may call it that—of the past decade, the transition phase will become the fad of the coming decade. It has been sorely neglected, which has had a damaging impact on the quality of public policy in this country.

We also have to consider the impact of arrangements for the release of young offenders. It is not acceptable to just hand them a travel warrant and £46.75 upon their release. I have suggested to the Minister that we increase that sum, because it is not enough. When I market-tested that with the professionals I met, it was not supported as much as I thought it might be. The point was made that, if we give them more money, cash in hand, we cannot control what they spend it on. Those professionals would far rather focus on handing out vouchers to meet the specific needs that those young offenders will face in their first 48 hours or so, rather than a cash payout.

--- Later in debate ---

[Mr David Lammy (Tottenham) (Lab)]

I am grateful, Mr Streeter, for the opportunity to contribute to the debate. I congratulate the hon. Member for Blackpool North and Cleveleys (Paul Maynard) on a very good and effective summary of the state of youth justice.

I would like to associate myself with a number of the hon. Gentleman’s remarks, particularly in relation to the important role that now has to be played by local authorities on this issue. I, too, visited a young offenders institution just a few weeks ago: Feltham in west London. It was my fourth visit to Feltham in the 10 years that I have been the Member of Parliament for Tottenham. I visit constituents there from time to time. That keeps me in touch with them and in touch with some of the most challenging youngsters in my community. Reflecting with prison officers and chaplains, some of whom I have got to know, it is clear that the cohort of young offenders from Tottenham and other areas of north London are now in Feltham for more serious crimes than they were on my previous visit a few years ago, and on my visits before that. The nature of violent crime in particular, and what young people are being sentenced for, is deeply worrying, and is reflected in newspaper headlines about knife crime and other crimes.

The hon. Gentleman touched on some concerns that are really important if we are to address this issue. What happens when a young person leaves an institution such as Feltham? Reflecting on my experience as the Minister with responsibility for skills—and, therefore, offender learning in prison—for two years in the previous Labour Government, I am clear that we were able to improve education in prisons. If serving a sentence of more than six months in our prisons, a prisoner will now take not just level 1 and level 2 numeracy and literacy, but training, hopefully, in a trade that can be taken beyond prison. That is the case now. Lots of young men, in particular, are leaving prison and graduating with certificates to show the skills that they have acquired.

I would like to stress two points. We have not been able to renew and improve education facilities in our prison stock in the way that must be expected in the 21st century. There are jobs and opportunities out there, but if prisons, in partnership with industry, cannot provide the latest technology and training for those young people, whether in respect of construction or cabling for the information technology industry, the skills that they come out with will be virtually worthless when they compete with young people who have not been held at Her Majesty’s pleasure. That is something that we need to address.

A drive to ensure that industry works in partnership with our prisons to renew facilities and to support the provision of facilities in young offenders institutions is necessary. We did not see the kind of private finance initiatives or public-private partnerships that might assist in improving the situation in prisons in the last period. I hope that it is something that we can get to, so that young people receive the kind of training that I saw in Sweden and Finland, which, frankly, have far better results with their young offenders than we do.

Just a few years ago, my Government were able to begin pilots in what we called test bed regions, and I hope that the Minister might be able to comment on their success or progress. They were meant in part to deal with the other problem that is manifest in the system. I feel sorry for the Minister. I worked closely with justice and prisons Ministers in my period, and I know that many of the issues that the hon. Member for Blackpool North and Cleveleys raised lie beyond the door of the justice system, and beyond the door of a skills Minister dealing with education in prisons. If a young person exits but does not quickly get suitable housing, which is very much in the domain of the local authority, that is a disaster, because he will probably end up with the same crew that he was hanging out with before he went inside. If he exits and has to wait two or three weeks to access benefits, that is a bigger disaster. Guess what he will do to find money and resources in the interim period because, frankly, colleagues in the Department for Work and Pensions have not been able sufficiently to integrate their systems so that he can quickly get the support that he needs, get on to jobseeker’s allowance and move forward.

Integration with further education and the role of the probation service are also fundamental. It is clear that the public imagination of what probation and probation services should mean is nothing akin to what is happening. A great deal needs to happen to ensure that a responsible adult is alongside the young person when they exit the young offenders institution. That is clearly the role of the probation service, which needs proper resources but also must be subject to proper expectations and accountable to the public. It must work alongside young offenders to ensure that they can continue to develop the skills they acquired in prison when they exit, particularly if they had a short sentence. There must be integration of the course that they were doing in prison with courses at the local further education college. In Britain, there are still too many young people falling through the cracks. They are not able to continue their education or training and access the necessary job.

We need a step change in the attitudes of industry and business to young people who, if they do not succeed in work, will cost the state millions in recidivism. I am afraid that the attitude of employers to employing young people who have a criminal record is still less than positive or wholesome. It is our civic duty to ensure that if someone makes a mistake, they are able to correct it.

I end with the story of a young man who came to see me in my surgery on Friday last week. He saw me in 2003, having committed some crimes in 2001. He had changed his life and wanted to join the Territorial Army. I contacted the TA at that point, but it said, “Sorry. We want to see more sustained progress in this young man’s life before we will take him on.” It is now 2011, and he has come back with his Criminal Records Bureau record showing no criminal activity, and with references from some of his employers over the last period. He has turned his life around and still wants to join the TA, and it is my sincere hope that it will look favourably on him. We need both public and private sector employers to take that kind of attitude to young people.

I am deeply concerned that the kind of cuts that we are seeing in provision for young people could lead to a serious explosion in crime among this important cohort. I say that fully cognisant of the importance of Tottenham and constituencies such as mine in respect of such issues in the past. Cuts to youth services and to provision such as after-school clubs for young people can have a detrimental effect down the road. I represent a constituency where many young people do not have access to gardens. They may live on the 15th floor of a tall tower block and share a bedroom with four, five or six brothers and sisters. They need youth services. They need the state in loco parentis after school and at the weekends. Without that, they are literally on the streets, in front of the television or on the internet.

Working women in my constituency do not get home at 3 o’clock to pick up their children. They are often single mums who need activities after school and at the weekend to keep their kids occupied until they can pick them up after they finish work at half-past 5 or 6 o’clock. Cuts in this area can have a huge and detrimental effect, so I hope that when we speak about youth justice, we recognise that it cuts across nearly every policy area, and that we must do better in Britain in the coming period.

[Tom Brake (Carshalton and Wallington) (LD)]

I congratulate the hon. Member for Blackpool North and Cleveleys (Paul Maynard) on securing this debate. As I said in an intervention, he has made a thoughtful and meticulously researched contribution—indeed, possibly even a liberal with a small l contribution. His emphasis on early intervention and ensuring that there is proper assessment of learning and communication difficulties among young offenders was a strong point.

I also congratulate the right hon. Member for Tottenham (Mr Lammy), who made a strong contribution based on his experience as a Minister. I did not disagree with anything that he said, including his last point about the impact of cuts on youth services. We must be cautious about that, because of the potential for significant negative knock-on effects.

I apologise to you, Mr Streeter, and to others, because I must leave early to sit on a Statutory Instrument Committee that is looking at licensing hours in relation to the royal wedding. Clearly, we hope that more people will not join the criminal justice system as a result of extended licensing hours and their drinking longer and harder than they might otherwise have done.

The backdrop to what we are discussing must surely be, to some extent, public perceptions of young people. Members may be familiar with a YouGov poll commissioned by Barnardo’s that was conducted at the end of 2008. It found that nearly half the adults regarded children as increasingly dangerous to each other and to their elders, while 43% feel that

“something has to be done”

to protect society from children and young people. It is a sad indictment against not young people but adults, society and, perhaps, the media that we have arrived at a point where the perception of young people is as negative as that.

The poll goes on to state:

“The British public overestimates, by a factor of four, the amount of crime committed by young people.”

I wonder to what extent that perception affects sentencing policy. If people think that young people are committing four times as much crime as they actually commit, that may be reflected in the sentences that are handed out.

That is the perception, but, interestingly, the number of children in custody has fallen by one third since 2002, from 3,175 to just more than 2,000. That goes against the perceptions that that poll revealed, and may explain to some extent the fall to which the hon. Member for Blackpool North and Cleveleys referred in terms of young people accessing services. Fewer children are going into the custody system.

That is the backdrop, and I shall now address the issue. A couple of months ago, I organised a sentencing round table. I invited many of the organisations involved in youth justice to come and suggest how to enhance the proposals in the Green Paper and to propose additional measures. They stressed the importance of the emphasis on diversion, discretion and judgment in what happens with children who go into the youth custody system. As an aside to the hon. Member for Blackpool North and Cleveleys, I hope that he will stick to his humanitarian instincts and consider why an age of criminal responsibility of 14 might be the appropriate course of action. Indeed, at the Liberal Democrats’ spring conference on Saturday, I shall open a debate on a motion that proposes precisely that.

The organisations had concerns about whether the Green Paper focused enough on custody of young people, and there was a lot of enthusiasm about what is happening to youth custody in Northern Ireland. Perhaps the Minister will respond to that, and confirm whether the Government are considering that as a way forward. Northern Ireland has far fewer children in the prison estate.

The organisations also focused on the need to address learning difficulties and mental disorders, as the hon. Member for Blackpool North and Cleveleys said. He rightly drew on the briefing of the Royal College of Speech and Language Therapists—at least, I am drawing on it—and referred to the asset system, which is the tool designed to assess young people. The concern, as the hon. Gentleman has said, is that it is not designed to identify learning difficulties or communication disabilities. I have a specific question for the Minister. Can that system be looked at to ensure that it is adjusted so that it can do precisely that? As he has said, it is a significant issue. Current evidence shows that 60% of young offenders have such severe communication disabilities that they cannot access prison education programmes. I agree with the right hon. Member for Tottenham that good, strong educational programmes in prisons are key, but they could go further in allowing offenders to obtain qualifications.

When I visited the prison in the Minister’s constituency, the point was made that it is all very well an offender achieving an NVQ level 1, but they need to go further if they are to be competitive in the job market when they come out. Appropriate courses must be available. That prison—Highdown—has a gym, where prisoners like to go, and perhaps they should be able to achieve some qualifications in gym work that they could use when they come out.

The right hon. Member for Tottenham was right to say that employers need to do more, and I am sure that he will be familiar with National Grid’s scheme, which is fantastically successful. It trains prisoners, and its experience is that on release, because they take up a guaranteed job at the end of the training, they are less likely than the general population to offend. That is a real success story, and I wish other employers would emulate it.

[Mr Lammy]

The hon. Gentleman will recognise that National Grid’s scheme works because the young offenders have often had day release or been out on tagging. Some of the public storm in the tabloids about young people leaving institutions must stop if such schemes are to work.

[Tom Brake]

That is a significant point, but unfortunately, there is an element of risk. The right hon. Gentleman was a Minister, so he will know that there may be occasions when something happens on day release, but overall the impact is positive. The Government must be willing to accept that there will be some risk, and that there may be some negative publicity if something regrettable happens, but the overall contribution of such schemes is positive, which is what must be borne in mind.

Other matters that were raised at the round table include transition, which is significant. When young people go from the youth estate into the adult estate, it is a huge leap, and that transition must be much smoother. That applies not just to 17-year-olds going into the prison estate, but to 18 to 21-year-olds, because many of them are not able to go into the normal adult estate without additional support.

An issue concerning young adults to which the Minister may wish to respond is that the law is being disregarded and they are mixed up in adult prisons. The law is clear, but I understand that it is not being applied. Another significant point that was made at the round table is the need for early intervention and early investment.

I have some additional proposals that I hope the Minister will consider. The police should be allowed discretion in how they tackle youth offending, perhaps adopting a problem-solving approach rather than unnecessarily arresting young people when they admit responsibility. It should be recognised that the criminal courts are not necessarily the most effective environment in which to deal with children, particularly those under 14 when, as the hon. Member for Blackpool North and Cleveleys has said, they often do not have the slightest idea what they are going through in the court system, because it is too complex and completely opaque to them.

We must decriminalise children when they should be treated as victims, such as child prostitutes, and we should protect young people who are criminalised for victimless crimes. I am thinking specifically of consensual sexual acts between those under 16. On restorative justice, I hope that the Minister will respond on the Northern Ireland proposals.

As hon. Members have stressed, it is important to give local authorities responsibility for custody costs, so that there is a clear and strong incentive for them to invest in youth services, as the right hon. Member for Tottenham has said, if they can see a clear correlation, which I am sure that there is, between investment in youth services and a reduction in the number of young offenders going into custody with all the charges and costs associated with that.

This debate has been positive with well thought-through contributions, and I hope that the Minister will respond in kind; I am sure that he will.