Criminal Justice and Courts Bill

Earl of Listowel Excerpts

Wednesday 23rd July 2014 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I am a patron—probably the only patron—of a secure unit in Exeter, which, when the children are there for long enough, does an extremely good job. The education there is excellent. The unit receives children under the terms of the Children Act—Section 25, I think—and, certainly in the past and probably still now, children who have offended. It is a good institution. I very much support what the noble Lord, Lord Ramsbotham, said. I am very concerned that this excellent small unit, which does a useful job in Exeter, will be completely got rid of in favour of a large secure college situated somewhere which is miles away for the children who are not from Devon and Cornwall.

[The Earl of Listowel (CB)]

My Lords, earlier today I spent some time with an academic who left a young offender institution at the age of 15 without any qualifications. He has some sympathy with what the Government are proposing. As my noble friend said, the impulse to put education at the heart of meeting the needs of these young people is absolutely right. My difficulty, I am afraid to say, is that there is so little detail in what the Minister is proposing that I can see many very poor outcomes arising from it. As parliamentarians, we need to know more about what is going to be delivered to these young people.

I visited the Orchard Lodge unit that my noble friend described and, like him, I was most impressed by the high quality of multidisciplinary services that these young people receive. There may be lessons to be learnt from the research into the educational outcomes of looked-after children. I think that Professor Sonia Jackson was the academic who first drew attention to the disparity in educational outcomes between looked-after children and the general population of children at the end of the 1990s. This is relevant because many among the population in the secure estate have come from local authority care. She wrote to me recently, updating her research and looking again at the continent. She found that the United Kingdom has the best statutory framework for looked-after children and care leavers that we know of. That is a great endorsement of what this Government and the previous Government have done in terms of the legislative framework around these vulnerable young people. However, she also found that we have poorer educational outcomes than many countries on the continent. She ascribed this to the fact that we have such low expectations in terms of the educational qualifications of those who work near these young people.

As I mentioned earlier, in Denmark 90% of staff in children’s homes have a degree-level qualification and in Germany 50%. However, only 30% do in this country. As an authority was telling me recently, less than half of the managers of children’s homes have a degree-level qualification. If we are looking carefully at the policy to improve educational outcomes for our troubling, and often very troubled, children, we must take on board what my noble friend has said and his example from Missouri, where units are staffed by people with degree-level qualifications. I am reminded of the very interesting fact that the principal indicator for a good educational outcome for any young person is the level of qualification of their parents. If a parent has a degree, it is likely that their child will get a degree. It seems to make sense to look at the level of qualifications of people who work near these young people and to ensure that, as far as possible, they are well educated, so that those young people are likely to do far better in their own education.

[Baroness Howe of Idlicote (CB)]

My Lords, for the first time I have some hope that there may be an answer to the problem of that part of the Bill that has troubled everyone on all sides of the House, and which will never work in practice no matter how well intentioned it may be. We have now had from my noble friend a very clear outline of the sort of institution that would make sense.

As we all know, so many of the children who end up in this position not only have had appalling backgrounds but often have had no education at all. One of the first things needed is a basic test of the extent to which they are able to read or write. I hope that the Minister will take this issue away and be persuaded that his proposals are absolutely no good and will not have the support—let alone the extra cost that they would involve. They would provide a solution that would be totally unsatisfactory.

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There are very many unanswered questions here. None of us wants to see the Government’s objectives of supplying education undermined in any way. We want to help the Government to achieve those objectives. However, we do not think that there is sufficient detail here or sufficient indication of how the Government will commission the provision of such an institution. We think that there is too much reliance on someone out there, one of the four selected potential contractors, to come up with a scheme of their own devising over which, as matters stand, Parliament would have no oversight whatever. It is too big a risk to take without having some element of parliamentary oversight. For those reasons, unless matters can progress—I hope they can—the Opposition would certainly support the noble Lord if he felt constrained to put these matters to the test by a vote of the House on Report.

[The Earl of Listowel]

My Lords, listening to the debate three further brief points occur to me. First, I discussed the matter of cost with an academic who currently works in the area of care leavers and has done through his career. He is a graduate who came through care and spent time in the secure estate. How much should we spend on young people while they are in care? He pointed out the immense cost of failing to intervene effectively. It could be many millions of pounds if one thinks of time in the adult secure estate, time spent in the health service, and time just not working. That is one aspect to keep in mind when thinking how much one needs to spend at this point to avoid poor outcomes later.

Another point is on gender equality. The noble and learned Baroness, Lady Scotland, and I visited the first mother and baby unit to be opened in a secure training centre. A significant number of young girls, if they are included in this college, may be pregnant or may already be mothers, so we need to think about how to manage that particular issue. There is one more point on the question of cost. It may be cheaper to employ more qualified staff. Research on the continent shows that one can have lower ratios of staff if the staff are more qualified. Indeed, this question of cost is very interesting. It should not, perhaps, discourage us hiring very well qualified people to work with these young people if the ratio can be less because of their higher qualification.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, this has been a very useful and well informed debate. It continues the debates we had on Monday. I respectfully ask those in the Chamber at the moment to read the debate on Monday in which I gave a reply—I think for more than 20 minutes—in which I dealt with a considerable number of the points raised, although I did not purport to deal with all points. Indeed, I said on that occasion that I was proposing to write to sweep up any points that on examination of Hansard I had not dealt with adequately. I adhere to what I said then and will include any further points that have arisen out of the debate today.

What has emerged—as my noble friend Lord Cormack quite rightly said—is that we all have the same concern about providing the most helpful outcomes for troubled young people. It was also common ground that the focus on education is most welcome. What there is a lack of confidence in at the moment is whether the secure colleges can provide precisely what all of us in this House would wish to achieve for young offenders. The noble Earl, Lord Listowel, is quite right, of course, that many of those who find themselves in this situation come from troubled backgrounds. Many have been in care and present particular challenges for whatever establishment is going to have them when they are serving the sentence passed by the court.

The clause which is the subject of this stand part debate is the statutory framework for the creation of secure colleges so that the Government can trial a new approach to youth custody. Clause 29 provides the Secretary of State with the power to provide secure colleges, which is a new form of youth detention accommodation in England, and replaces the current Section 43 of the Prison Act 1952 with the new section. The current section gives the Secretary of State a power to provide young offender institutions, remand centres and secure training centres. As your Lordships will know, there are no remand centres in operation. The new Section 43 will additionally give the Secretary of State the power to provide secure colleges in England and Wales. Clause 29 introduces Schedule 5, which makes a number of amendments to other legislation to reflect the fact that secure colleges are being introduced.

I remind the Committee of the context for our proposed reform of the youth custodial estate. At present, we pay around £100,000 a year for a place in youth custody, and yet almost 70% of young people go on to reoffend within 12 months of release. In the case of secure children’s homes—the advantages of which were very much emphasised by those in debate on Monday—the cost rises beyond £200,000 a place, and yet the reoffending outcomes are no different.

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Moved by

[The Earl of Listowel]

48E: After Clause 35, insert the following new Clause—
“Duties of custody officer before charge
In section 37(15) of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), for “17” substitute “18”.”

[The Earl of Listowel]

My amendment would give 17 year-olds detained by the police the right to be held in local authority accommodation rather than a police station. I draw the Committee’s attention to the “Newsnight” programme broadcast on Monday 14 July, in which parents whose children had been affected by the current arrangements spoke very movingly about their experiences. I would be glad to furnish your Lordships with a link to that. Certainly, I will make it my job to ensure that those taking part in the debate have that link.

Children under the age of 17 already have the right to be placed in local authority accommodation, and for good reason. Police custody is an unsuitable environment for children. It is a highly intimidating environment and staff are not trained to support vulnerable children, unlike in local authority accommodation. Recent cases have demonstrated the terrible consequences that can result from detaining children in such an unsuitable environment at what is a deeply frightening time for them.

Kesia Leatherbarrow was a vulnerable 17 year-old. Her inquest has not yet taken place but we know that she was discovered dead in a garden in December 2013, after being arrested and held in a police cell for three days. Kesia was arrested for possession of cannabis and criminal damage. She was kept in custody at Ashton police station over the weekend before being sent to Tameside magistrates’ court on the Monday morning. She was bailed to return the following day, when the youth court would be sitting, but died shortly afterwards. Being held in the more supportive environment of local authority accommodation might have made all the difference. She could still be with us today.

Seventeen year-olds can appear very adult, but they are not: they are children. The UN Convention on the Rights of the Child is clear on this point—children are those below the age of 18, and all are entitled to the same protections. A 17 year-old should not be treated differently from any other child. However, the Police and Criminal Evidence Act is inconsistent on this point. The police station is the only remaining part of the criminal justice system where 17 year-olds are not uniformly recognised as children. The one other part where an anomaly exists—the Criminal Justice Act 1991 in relation to cautioning—will be amended by this Bill.

In police stations, 17 year-olds have some of the protections afforded to children but not all. This is an ongoing issue and one which the Home Secretary has said she will resolve. However, I am disappointed that she has not yet done so, despite a clear ruling from the High Court. In 2013, in the case of HC v Home Secretary, Lord Justice Moses ruled that it is unlawful for 17 year-olds in the police station to be treated as adults and denied the protection of having a parent or other adult with them, which is given to younger children. The court ruled that they must not be treated as if they were adults. In particular, they must be allowed to have a parent or appropriate adult with them. After the case, the Home Office accepted the court’s ruling and gave assurances that it would conduct a full review of all laws that treated arrested 17 year-olds as adults, not just the provision of an appropriate adult. For example, in a letter to Nick Lawton, whose son Joe killed himself after being treated as an adult in police custody, the Home Secretary wrote:

“We will ensure that in future that 17 year olds will receive the appropriate assistance and support while they are in police custody”.

Then in response to a Parliamentary Question in October 2013 the Minister for policing said:

“We will consider all legislation which appears to treat 17-year-olds as adults in the criminal justice system and bring forward legislative proposals as necessary”.—[Official Report, Commons, 21/10/13; col. 65W.]

Despite these assurances, the Home Secretary has so far made only limited changes that were specified by the High Court, which means that 17 year-olds now have the right to have a parent with them, as I have mentioned.

The point of most concern is the fact that young people have no right to be transferred to local authority accommodation even if the police are concerned about them and can see that they are very vulnerable. The police still do not have the right to make such a transfer. This is the matter that my amendment addresses. The parents of Kesia Leatherbarrow, along with the parents of Joe Lawton and Eddie Thornber, two other children who died after being treated as adults in police custody, are campaigning to get the Home Secretary to make the changes necessary to ensure that 17 year-olds are always treated as children in law. A recent letter to the Home Secretary said:

“I personally am very upset and feel wronged by both your letters because you have only changed one part of the code and failed to take the steps to get Parliament to amend any other relevant legislation. Had you looked into and changed all the legislation, as you intimated in your letter to me, there was a good chance that Kesia would be with us today. You could include in the current Bill before Parliament changes to Section 38(6) of PACE about the transfer to local authority care as opposed to being kept in a police cell overnight … We are distraught that another 17 year old has died unnecessarily when you as Home Secretary were fully aware of your duty to 17 year olds. While we cannot bring back our own children, we will not stop campaigning on this issue until every piece of legislation that treats 17 year olds as adults in the criminal justice system is amended to give the most vulnerable among us the help we are entitled to under the UN Convention on the Rights of the Child and other laws”.

We owe it to these families and to 17 year-olds throughout the country to ensure that they have the protection to which they are entitled. The right to local authority accommodation is a fundamental protection that is available to all other children, and I hope that the Government will make good on their promises and accept my amendment. I recognise that they have been looking at this issue, I beg the Minister to bring something into this legislation, perhaps by the time we reach Report. We can then be confident that no more young lives will be lost in these circumstances. I beg to move.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I support this amendment. I urge the Minister, before we reach Report, to take the opportunity to contact a really wonderful NGO, Just for Kids Law, which is run by a remarkable set of lawyers led by Shauneen Lambe. The lawyers have been supporting and sometimes acting as intervenors in cases involving young people of 17 who are being kept in custody or interrogated without an accompanying adult. Anyone who is the parent of a teenager or whose children were recently teenagers knows that at that age a person is on the cusp of adulthood. They are moving out of childhood and into adulthood. It is often a very difficult stage where young people appear to be very mature and yet at the same time they are childlike and vulnerable, as the noble Earl said. I know that the Home Secretary and the Home Office have been looking at this issue—I see that the Minister is nodding his head in confirmation. For some time there has been a problem around the ages defined in different pieces of legislation. I would urge the Government to look at this amendment closely. Even if a categorical answer cannot be given to us today, I hope that the opportunity is taken to speak to the people at Just for Kids Law because they really know their stuff in this area. They have all the details about the families who suffer so terribly at the loss of their children.

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[Lord Faulks]

I stand corrected by the noble Lord. I would remind the House nevertheless that the police are under a duty, under Section 11 of the Children Act 2004, to make arrangements to safeguard and promote the welfare of children. The statutory guidance accompanying Section 11 makes clear that these arrangements include adequate training and dealing with children aged under 18.

While this is clearly an important issue and one that the Government take extremely seriously, for the reasons that I have given I am unable to commit myself to having an answer by Report. I hope that we will have, but I am afraid that I am unable to give that commitment. I can say that the review is a matter of importance and will be thoroughly undertaken. I hope that, with that reassurance, the noble Lord will withdraw his amendment.

[The Earl of Listowel]

I am grateful to the Minister for his careful and considered reply and his kind words to me. Perhaps he could write to me on whether or not he has a final date for the internal review. I am grateful to the Minister for his considered and sympathetic response to the amendment. I will take away what he says and consider it over the Recess. I thank all the noble Lords who spoke in the debate for their contribution and for their support for the amendment. I beg leave to withdraw the amendment.

Amendment 48E withdrawn.