Youth Inmates: Solitary Confinement

Emma Hardy Excerpts

Tuesday 2nd April 2019 Westminster Hall

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I beg to move,

That this House has considered youth inmates in solitary confinement.

It is a pleasure to serve under your chairmanship, Mr Hollobone. I am pleased to lead this extremely important debate. Much of the focus in our criminal justice system is rightly on our failing probation system following privatisation and the rising violence in our prisons, but worryingly little attention is paid to what is going on in our youth estate—particularly to the children and young people detained there—and to the concerning use of solitary confinement.

It may come as a surprise to some people listening to our debate who know me well that I became interested in this issue, but it links closely to work we have been doing in the Education Committee on exclusions, children with special needs and disabilities, and the link between children who have undiagnosed special needs, disabilities and emotional problems being excluded and then ending up in our prison system.

What is happening to those children and young people is extremely worrying. Just before the debate started, I was saying to a colleague who sits on the Government Benches that the issue forms part of a wider picture. Although it is one for the Justice team, I hope the Minister talks closely to the Education team, as well as to social services and local government teams, about how money can be invested in our vulnerable children as early as possible to give them the best possible chance in life so that they do not end up in the criminal justice system.

No one wants to see a child sent to prison. That is a failure on the part of our societal infrastructure. Everyone would agree that, for any young child to go to prison, there must have been a failure somewhere in the support given to that child—at school or on the part of society or social services. We have failed a young person who ends up in our criminal justice system.

Young offenders institutions must balance punishing a child for committing a crime—there should of course be consequences for criminal behaviour—with the need for rehabilitation and the need to assist the child to go on to become a productive member of society who will not offend again. Having been a teacher for 11 years, I know that we should never give up on children, even when our patience has been tested to the absolute limit. I am sure that parents agree—we do not give up. If we have a child who has reached the point of being involved in criminal activity and is being rightly punished for it, youth offenders institutions should be the opportunity to turn that around and to start again.

Getting the correct balance between those goals should be the guiding principle of youth justice. Falling too far towards punishment and not addressing the problems that caused a child to offend in the first place—perhaps undiagnosed special needs or disabilities, or social and emotional problems—means that the child will reoffend immediately on release. All that we would have created is an older criminal. Falling too far towards rehabilitation means that the victims of the crime will feel let down by the system. The use of segregation in young offenders institutions does not create the right balance between those goals—between giving young people a consequence for their actions and an opportunity to set themselves on the right path for the future.

Let me be clear about what I mean by segregation. I do not mean time out as an immediate response to violent or disruptive behaviour, or situations in which children must be physically isolated for their own protection or the protection of others. Solitary confinement—segregation, isolation or whatever else we might call it—is the deliberate removal of an individual from association with others. It was defined by the prison and probation ombudsman in a 2015 “Learning lessons bulletin” as

“an extreme and isolating form of custody”.

Whatever the Minister might say in his remarks about solitary confinement and segregation—that children are not subject to solitary confinement—the Children’s Commissioner has been clear, as have the current and the previous chief inspector of prisons, that the conditions to which children are exposed fit the definition of solitary confinement.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Lady on securing the debate. On the important point about a precise definition, or otherwise, does she agree that we need to get it fully and fairly established in the public mind so that we can determine year on year whether the problem is getting worse or improving? It does not help things if the goalposts change slightly, depending on the administration in place and how it does isolation or segregation.

[Emma Hardy]

I completely agree. That seems to be a sensible way to go forward with the problem. If we are to look at whether the use of solitary confinement is increasing, it makes sense to have a clear definition that everyone understands.

Most adult prisons have a dedicated segregation wing or unit, sometimes known as a care and separation unit, which allows prisoners to be moved off the main residential wings. That is mirrored in young offenders institutions, despite the fact that they hold much younger people. The conditions and rules for secure training centres, which hold even younger children, are a little better—children there are isolated in their own rooms or cells, or in empty classrooms or spaces, for shorter spans of time. We cannot escape the fact, however, that some children and young people are being held in conditions of isolation that are comparable to those for adults.

When assessing whether our existing segregation rules are fit for purpose, it makes sense to look first at the international rules setting out standards for the use of solitary confinement. The UN standard minimum rules for the treatment of prisoners, also known as the Mandela rules, state that given the devastating effect of solitary confinement on physical and mental health, it should be used only in exceptional cases, as a last resort, for as short a time as possible, after authorisation by a competent authority and subject to independent review.

The Mandela rules prohibit entirely the use of indefinite and prolonged solitary confinement—lasting more than 15 days—alongside its use for particularly vulnerable groups. Rule 45 explicitly states:

“The imposition of solitary confinement should be prohibited in the case of prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures.”

Given that prohibition of solitary confinement for more than 15 days and for those with mental health disabilities whose conditions would be exacerbated by solitary, among whom we could reasonably include children, the UK clearly and worryingly appears to be straying into territory that might violate the Mandela rules.

[Victoria Prentis (Banbury) (Con)]

Does the hon. Lady agree not only that children of themselves are obviously vulnerable, but that the children she is talking about are particularly vulnerable? A disproportionate number of children with autistic spectrum disorder are in prison, as are many children with mental health issues and many who have been in care.

[Emma Hardy]

I absolutely agree with the hon. Lady. We know that from overwhelming evidence. So many children in our prison system have undiagnosed special educational needs and disabilities. As I said, what motivated my interest in this issue was all the work we are doing on children with special needs and disabilities, as well as the desperate need for early intervention and early support. When these children finally get to the point at which we as a society have failed them—when they are in prison—we should be pouring in money and resources, because how else will they ever have a chance to have some sort of effective life?

There are concerns right across the board about how segregation is used in the youth estate. Last October, after investigating those concerns, the Children’s Commissioner published her report on the use of segregation in youth custody. In it, she found excessive use of segregation in the youth estate, with children locked up and isolated in greater numbers, despite the overall numbers of those in custody falling at the same time—we are sending fewer children to prison, but those we are sending are more likely to end up in solitary confinement.

The Children’s Commissioner also found that the average length of segregation had doubled, with about 70% of episodes of segregation believed to have lasted more than a week, and many of those episodes involving the repeated segregation of the same children and young people. Again coming at that from an education point of view, I would say that any behaviour consequence that just results in the same behaviour over and over again is failing—it is not working, and it is time to try something else.

While the Children’s Commissioner notes that some children choose to self-isolate for a variety of reasons, which may be behind some rise in the figures, that does not account for all of it. If individuals self-isolate on a regular basis, surely that is an indication of serious problems with that young person. By self-isolating, they choose not to be part of the collective society of the institution, which is bad for their wellbeing, increases loneliness and isolation, and hampers their safety and mental wellness.

The Children’s Commissioner is not the only one who has raised concerns; many others have done so for a considerable time. The Howard League for Penal Reform, the Prison Reform Trust, the British Medical Association, the Royal College of Psychiatrists and the Royal College of Paediatricians and Child Health all condemn the use of segregation and its impact on young people. They criticise the Ministry of Justice’s continued use of the practice. The Royal College of Psychiatrists recently argued that punishment for punishment’s sake brings out the worst in some young people, and does nothing to help them become positive members of society.

Rather than improving behaviour, solitary confinement fails to address the underlying causes, and creates problems with reintegration. I return to my previous point: what is the purpose of putting people in prison? Surely, it is twofold: it is punishment and consequence for their behaviour, and it is a chance for them to rehabilitate to become productive members of society. If we make that behaviour even worse by putting them in solitary, we are failing, because all they will do is leave prison, return to society, reoffend and cause grief and hassle for the people living in their areas.

The Howard League for Penal Reform, which does some excellent work in this area and provides legal advice and support to children in custody, reported more requests for assistance in respect of isolation than use of force. More people go to it upset about their child being isolated than about force, despite the fact that the media tend to cover the use of force more than they do isolation. In the written evidence submitted to the Joint Committee on Human Rights during its inquiry, a number of cases were highlighted, all of which make worrying reading and show that the numbers highlighted by the Children’s Commissioner are not just statistics but represent real children being harmed by segregation, who will go on to commit crimes again in their local area.

The evidence included a 16-year-old white British boy who was placed in isolation, locked in his cell for 23 hours a day for days on end and allowed out only for 30 minutes of solitary exercise. A 16-year-old black British boy was placed in a segregation unit, locked in his cell all day for 37 days and allowed out only with three members of staff. A 15-year-old Asian boy with attention deficit hyperactivity disorder was segregated while his mental health deteriorated. A 17-year-old black British girl with a history of trauma was forced on to a behavioural management plan that was reportedly not compliant with the Secure Training Centre Rules 1998, and was threatened with segregation if she did not comply. The mother of a 17-year-old black British boy said he spent over a month in segregation, and reported significant mental confusion in her son afterwards. Just as worryingly, the Howard League has reported that young people who experience solitary confinement often have their access to legal advice and support denied or restricted. Will the Minister look into this issue urgently?

Some might say, “It may be slightly excessive, but these children committed crimes and deserve to be punished.” They may say, “If the prison needs to segregate them to keep order, it should be allowed to.” But we have to look back to our guiding principle of balancing punishment and rehabilitation. It is undoubtable from the evidence I mentioned that the balance is wrong; if we had struck the right balance, incidents of segregation would be going down, not up. It is vital that we design our system to address the underlying issues that led to the young person being sent to prison in the first place if we want to prevent future crime.

The biggest effect that segregation has on young people is on their mental health, contributing to what is already a severe and dangerous mental health epidemic right across our prison system. According to a survey by Her Majesty’s inspectorate of prisons, more than 30,000 people in the whole prison system are reported to have a mental health or wellbeing issue at any one time. That is around one in three of the average monthly prison population, which is a higher rate than in the general population, where one in four people are believed to have a mental health issue. However, given the poor screening and under-resourcing in relation to prisoner mental health, the widely held belief is that the rate is much higher.

The Howard League’s work on segregation—particularly its legal work to represent offenders who are subject to segregation—found that many prisoners who are removed from association are disturbed or damaged individuals who have behaved in a particular way as a result of their vulnerabilities, and who present no risk to security. Research published by the Prison Reform Trust into segregation units found that segregation was harmful to health and wellbeing, as over half of segregated prisoners said they had problems with three or more of the following: anger, anxiety, insomnia, depression, concentration and self-harm.

I keep making the same point: the problems will not go away by isolating children and young people—they will only get worse, which means these people will go out and reoffend. The Prison Reform Trust’s “Deep Custody” report found that more than two thirds of the 49 officers interviewed in segregation units said that most or the vast majority of segregated prisoners had mental health needs. Many offenders said they believed their mental health was a factor in the decision to segregate them.

Not only is the Ministry of Justice segregating people excessively, but it is doing it to those who are already dangerously at risk. The reason why that is so unhealthy and why we should be so appalled at the segregation of vulnerable young people is that a wealth of evidence shows that segregation has an adverse effect on anyone, let alone someone already with a mental health condition. The keys aspects of segregation noted by the Prison Reform Trust—social isolation, limited sensory stimulation, enforced idleness and increased, continuous control—are known factors in damaging an individual’s health and wellbeing.

[Victoria Prentis]

I do not know the answer to this question and I wonder if the hon. Lady does: is there a proven link between segregation and suicide risk?

[Emma Hardy]

I would not want to say so without having the facts in front of me, but that is an interesting question, and I hope the Minister will pick it up in his remarks. There is certainly a link through the effect on children’s mental health problems. We will have to see what the evidence says, but it would suggest there is a link.

Symptoms found in children who have been segregated include anxiety, depression, unprovoked anger, lack of impulse control, cognitive disturbances, hypersensitivity, paranoia and full-blown psychosis—to name just a handful. Those are not just minor issues. Indeed, the Prison Service’s own guidance on segregation shows that it recognises the potentially damaging effect of segregation on mental health and on those who may be at risk of suicide and self-harm. Prison Service Order 1700 states:

“research into the mental health of prisoners held in solitary confinement indicates that for most prisoners, there is a negative effect on their mental well-being and that in some cases the effect can be serious.”

Not only does solitary confinement have a detrimental impact on the mental health of the children, but it increases their chances of harm to themselves and others and makes them much more vulnerable to reoffending when they are released.

Those reports and findings relate to investigations and studies in the adult estate, but considering the widespread problems in the youth estate, it is more than reasonable to assume that the same issues are present in the youth estate too. It is certainly reasonable to accept that the proven negative impact on adults applies more so to children and young people, particularly when it is a widely accepted medical opinion that mental development, during which individuals are more susceptible to mental harm, does not cease until around the age of 25. Children who are more susceptible and more likely to be influenced are at risk of greatest harm.

The impact of segregation on children and young people goes beyond just the medical, because of its widespread use to restrict the ability of a child or young person to be part of purposeful activity in the institution holding them. That restricts their ability to take part in classes, studies, workshops or training that helps them increase their chances of not reoffending and of achieving a better life on the outside after their release, compared with when they went in. The Minister will know how desperately low literacy and numeracy levels are among children in prison, and how that limits their ability and chances when they are released. Surely, taking them away from study would have a further negative effect when they are released.

In theory, removal from free association, through segregation, should not prohibit access to education, but in many cases children are in their cells all day and allowed out for only 30 minutes. They do not always have access to education packs while in their cells. That has a negative mental impact. If they had something to do, and something to keep them occupied and busy in a constructive way, it would help to stave off the damaging effects of isolation on their mental health.

When the child comes out, they are further behind their peers, have even lower prospects and become vulnerable to reoffending. These children will not leave prison to go on to become productive members of society; they will leave and reoffend. That is failing children, it is failing victims of crime and it is failing society. The only thing that is changing is that young offenders are becoming adult offenders, so it is time for the Ministry of Justice to think again.

[Mr Philip Hollobone (in the Chair)]

The debate can last until 4 pm. We have time for Back-Bench speeches until 3.37 pm, when we will go on to the Front-Bench spokespeople. The guideline limits are 10 minutes for Her Majesty’s Opposition, 10 minutes for the Minister and the three minutes at the end for Emma Hardy to sum up the debate.

--- Later in debate ---

[Emma Hardy]

I thank the hon. Member for Henley (John Howell), the shadow Minister, my hon. Friend the Member for Bradford East (Imran Hussain), and the Minister for their contributions. I echo the point made by the hon. Member for Henley about the need to look at the risk assessments for isolation, ensure that they are routine and enforced, and to keep monitoring that closely.

I welcome many of the points that the Minister made, including his reluctance about the idea of having children in prison. He said it was a sign that society had failed. I totally accept his point about the concentrated cohort with extremely complex needs. I welcome his offer to talk to me on the education side and to look again at investing money further upstream, because the figures that the hon. Member for Henley highlighted relating to children with communication difficulties, children with ADHD and children who are autistic ending up in our prison service are shocking.

As my hon. Friend mentioned, we need to look at staff experience and staff ratios to see why so many more children are being isolated, because only so much can be explained by their having special needs and disabilities, or undiagnosed needs. Perhaps we need to look at having more staff trained in mental health in our youth service, or specialists who know how to address and work with these young people. We also need a more joined-up approach with education and social services to prevent children from ending up in prison.

I thank the hon. Member for Henley for contributing, as well as the shadow Minister and the Minister. I hope that we will continue to have this conversation as we do not give up on any child. I hope that they can eventually become productive members of society again.

Question put and agreed to.

Resolved,

That this House has considered youth inmates in solitary confinement.

[Mr Philip Hollobone (in the Chair)]

Order. The sitting will be suspended until 4 o’clock. If a Division is called during that time, we will meet back here as soon after the vote as the mover of the motion and the Minister can make it.