Criminal Justice and Courts Bill

Earl of Listowel Excerpts

Monday 21st July 2014 Lords Chamber

[Lord Carlile of Berriew (LD)]

My Lords, I want to speak in favour of all the amendments that have been spoken to and have my name on them—the amendment proposed by my noble friend Lord Marks and the noble Lord, Lord Beecham, from the Labour Front Bench, as well as the noble Lord, Lord Ramsbotham, who has remarkable experience of these matters. I shall not repeat everything that has been said; I want to focus on only one aspect, which was mentioned briefly by my noble friend Lord Marks—the provision of outdoor and sporting facilities for the children in this proposed Titan institution.

I have a feeling in the back of my mind that there is a Minister somewhere who has a whimsical memory of the public school that he attended and how possibly one might be able to recover these young men by putting them in the equivalent of Wellington College, which I know that the Minister attended, or Epsom College, which I attended. The difference is that at Wellington College or Epsom College the beautiful estates of those schools were created in a way that enabled every single boy to take part in sport at the same time every day. For example, in my school, more than 500 boys in those days—now 700 boys and girls—can take part in active sport and other physical activity at the same time. If what was being offered was a Titan college that had those sorts of facilities, I might begin to look on it as at least having one of the elements that would provide something particularly useful for the boys and possibly girls in it.

I think that we were all really grateful for the opportunity given to your Lordships to meet Ministers and to discuss what was proposed, because it gave us a real insight into those proposals. The Minister who was present from the Commons, Jeremy Wright, who is now the Attorney-General, as has been said, was pressed on this matter, and it was absolutely clear that there was one reason and one reason only for having this proposed secure college on the site where it is to take place—and that is that the Government already had the site and had to do something with it. There was no question of looking for a suitable site with perhaps 50 acres on which to build a secure college—and no question of selling the site that they have, possibly for housing development, to meet the Government’s other policies. They took the site—and what were we told was the provision for sporting facilities? I will be corrected if I am wrong, but my clear recollection was that we were told that there was a five-a-side football pitch, a gym and possibly another outdoor facility.

For the number of children expected to be at this proposed secure college, one five-a-side football pitch, which I take to be rather smaller than a full-sized football pitch, and one other outdoor facility is a ludicrously inadequate provision. So it fails even the site test. I have no doubt that I will be told—because instructions are being obtained as we speak, of course—that there may be a little more sporting provision. But I say to the Minister that he will have to do an awful lot better than two, or even three, five-a-side football pitches for more than 300 children at a secure college.

The only other thing I wanted to say without repeating what has been said by other noble Lords is in the form of a question, which relates to subsection (3) of the new clause proposed in Amendment 43C, tabled in my name and those of my noble friends Lord Marks, Lady Linklater and Lord Dholakia. I invite the Minister to look at that subsection, which contains paragraphs (a) to (l) as requirements or aims for the secure college. In order to shorten my noble friend’s speech, I do not ask him to tell us which of those criteria he agrees with; I ask him to tell us which he disagrees with. I would be very surprised if he disagreed with a single one. If he agrees with most of them, or even with only paragraphs (a) to (d), the result is clear that the provision that the Government are asserting is just inadequate and they ought to go back to the drawing board, sell the site and give us a meaningful plan for a secure college.

My final point is that I have listened to all the NGOs in this area, and I doubt whether there is any area of human endeavour that contains more expertise than youth justice. I have yet to find a single, sane representative—indeed, I have yet to find a representative, never mind whether they are sane or not—of one of those NGOs who approves of this proposal. Somewhere, down between the floor-boards of government, we may find the odd official—though I doubt it; it is more likely a Minister—who really believes that this proposal makes any sense at all in the reform and education of young offenders so that they can lead normal lives when they reach the age of 18. If the Minister can cite any British independent source that supports these proposals, then we really would like to hear it. I urge on my noble friend, who is a very good analyst of evidence, that when one analyses the evidence on this issue it leaves the Government with a very threadbare case.

[The Earl of Listowel (CB)]

My Lords, one of the most respected organisations in this area is the Prison Reform Trust. Its director, Juliet Lyon, was formerly a head teacher, I believe, of a school for those with emotional and behavioural difficulties. She is therefore someone who speaks with authority in this area. Listening to the noble Lord, Lord Carlile, I am reminded again how all authorities in this area seem to be very concerned about the Government’s proposals. I share the concerns that have been raised across the Committee about the Government’s proposal.

However, perhaps I may apologise to the Minister, first for being absent, due to pressing business, from the two helpful briefings that he provided for Peers. Also, earlier this afternoon, I pressed him on an earlier matter that he was not in a position to answer. I had not fully appreciated that what happened in the other place put him in a position whereby he was unable to answer my question. I apologise to him for that.

What encouraged me in principle about the Government’s proposal was that a college for the education of these vulnerable young people might be a real centre for highly qualified staff, teachers, mental health professionals and social workers. My greatest concern over the years in which I have followed these issues about residential care for vulnerable young people is that, in this country in particular, I am afraid that we place the least qualified, least experienced staff to care for our most vulnerable children with the most complex needs. I hope that the new institution will feature highly qualified teachers working hand in hand with mental health professionals. However, from what I have heard so far, there is no assurance of that.

I highlight the principle of continuity of care, which from my experience is so important for so many of these young people. My noble friend Lord Ramsbotham talked movingly about it. It is about young people having the opportunity to have an adult take an interest in them and to develop a relationship with them over time. That is key for their recovery when, in my experience of young people in care, they have been let down by the people they love most. As a result, they find it difficult to make trusting relationships. The key job of the care system—probably of this new institution—is to enable young people who have lost their ability to trust other people to make and keep relationships. That is above even the importance of education. It is very important that these young people learn to read and write, but if they cannot form relationships with other human beings their prospects are very bleak. A couple of weeks ago I spoke to an academic who had been in care. He graduated from a young offender institution with no qualifications. He now works on policy around young people in care. He said to me, as a highly qualified care leaver, that the most important thing is to meet young people’s emotional needs.

The briefing states that three-quarters of young people will have grown up without the involvement of their father. Perhaps it is worth mentioning, as an aside, that more than a fifth of children in this country are growing up without one or other parent in their family. The OECD expects that figure to grow considerably: it will move to a third of young people growing up without one or other parent in the family—probably a father—within the next 10 to 20 years. At the moment, that figure stands at over a quarter in the United States. However, according to the OECD we are going to overtake the United States in the next 10 to 20 years. This is a matter to which we should give serious consideration.

I am very concerned that these young people should have continuity of relationships and of care. For instance, it is very important that they have a key worker within the setting who can develop a relationship with them over time. The issue of ratios was raised by my noble friend Lord Ramsbotham. In young offender institutions it is very hard for a prison officer to have that kind of relationship because he is responsible for so many young people. Although it is required, it is not worth the paper it is written on.

I return to my experience of the care system. I was involved, in a small way, with a report that was produced by the MP Ann Coffey, the chair of the all-party group for missing persons. The report was on children missing from care, particularly in the context of young women being groomed by outsiders. The Government gave a very positive response to it and produced three working groups. As a result of that we now have much stronger checks on local authorities placing their young people out of authority care. We found that far too many children in local authority care were being placed many miles away from their local authorities. The Government recognised in principle that it is best to keep them as near as home as possible, although there may be exceptional circumstances. It therefore concerns me that we will have one institution covering a third of the children in the custodial estate in Leicestershire. Many of them will be so far away from their families and the possible communities they return to that it will be very hard for them to resettle.

Visiting a secure training centre a while back, I was very impressed by the quality of teaching provided to the young people. I watched a class and spoke to the teacher, who said, “We really can give a good service here, but when they walk out of here it is as if they’re walking off a cliff edge”. Therefore, I share the concern expressed by many that this new institution risks producing a very severe cliff edge of services. The previous chair of the Youth Justice Board, Frances Done, who was very well respected, did great work towards the end of her tenure in developing regional consortia with chief executives and directors of local services to ensure that there was a seamless move back into the community at the end of custody.

--- Later in debate ---

[Baroness Stern (CB)]

My Lords, I will not add to the Minister’s misery for too long and will speak briefly in support of these amendments.

In 2011-12, according to figures from the Justice Select Committee, there were 8,419 incidents of “restrictive physical intervention”, which I know means force, on children and young people under 18 in custody. This figure was a 17% increase on the figure for the preceding year. Two hundred and fifty-four of these incidents led to injury, 236 of those were minor injuries and 18 children were seriously injured. We know about these children. Nearly all of them grew up seeing violence between men and women, by men and women on children, by children on each other and on their streets—violence is all around them. Then they progress to the care of the state, when they are classified as offenders or remanded in custody en route to becoming offenders, and we subject them to more violence. We should restrict as far as is humanly possible the amount of violence in institutions run by the state, not open the door to its greater use. Therefore, will the Minister explain why, since these are to be secure colleges and places of education where children will presumably be helped to build self-esteem and confidence, the Government are opening a discussion on widening the circumstances in which the use of violence is permitted?

Furthermore, I understand that in the current system to which the noble Lord, Lord Ramsbotham, has just referred, two pain infliction techniques are still allowed. One involves bending the thumb backwards until the pain is so severe that the restraint is successful and the other involves applying pressure to the child’s neck. The argument for these techniques is that, in a life or death or serious danger situation, inflicting pain is a quick way of stopping the dangerous behaviour. Will the Minister tell the House whether it is envisaged that pain distraction techniques will be available to the teachers and other staff in secure colleges to deal with threats to good order and discipline? I mention teachers specifically because it is hard to see how a person helping a child to learn can also inflict painful violence on that child. I would also like to ask the Minister how he, as an extremely eminent lawyer, views the compatibility of the Government’s proposed regime for the use of force in a secure college with the United Kingdom’s obligations under the Convention on the Rights of the Child.

[The Earl of Listowel]

My Lords, experienced practitioners in residential settings, particularly local authority secure children’s homes, always tell me that the key to behaviour management and to avoiding escalation into using force is building relationships with the staff.

I was grateful for the Minister’s careful and considered response to earlier concerns. However, I go back to the staffing because in this country there seems to be such an underestimation of the level of qualification, understanding and support and development that staff need to work with vulnerable children, certainly those in our children’s homes, which I frequently visit. Ninety per cent of staff in children’s homes in Denmark have a degree-level qualification. In Germany, the figure is 50%, whereas in this country it is 30%. That was the situation about five years ago. Yet in Denmark and Germany half of children in care are kept in residential settings, so they have a far lower level of complex needs. We have far less qualified staff working with more vulnerable children. I am afraid that is a common experience across our children’s services in this country. We underestimate the skill involved in working with children who have been deeply damaged and the need to have really well qualified, reflective practitioners.

I visited Rainsbrook Secure Training Centre shortly after the death of Gareth Myatt while he had been restrained. My sense from that visit was that there was great regret but that it was okay: procedure had been followed. That generally sums up the culture in this country. We train staff up to be competent and follow procedure. In certain circumstances that is exactly right. What those on the continent have done is to recruit and select people who can think and who are deeply reflective, and who are trained to understand child development. They work hand in hand with mental health professionals to reflect on their relationships with young people and get the best from them.

If the Minister is successful in getting contracts for qualified staff who understand child development and, because they do that, work with mental health professionals to reflect constantly on their relationships with young people, we will be able to avoid the use of force as far as possible. In a large institution, however, it may be more problematic. There have been 16 deaths of children in custody since 2000; all of those have been in the larger institutions, the YOIs and the STCs, and not one in a local authority secure unit. Obviously they have had more children go through them, and that is important to bear in mind. I look forward to the Minister’s response.

[Baroness Howe of Idlicote]

My Lords, I shall share just a brief word, because I was unaware that we were going to be dealing with this clause. If we had been told that there are already minimum rules for restraint in existence, and bearing in mind strongly what has been said about the damage that would almost certainly have been done to these children over a number of years, as the noble Baroness, Lady Stern, stressed, then I think that it would be a really dangerous scenario to assume that what was described as two pain infliction methods would be the expected way of dealing with severely damaged children. They would be likely to be far more dangerously infected with these sorts of policies going into adulthood.

I hope that the Minister will be able to reassure us that an extremely careful look will be taken at whatever forms of restraint are to be used. The point made about properly trained staff, who know what they are doing, is crucial too.