Safety in Youth Custody

John Howell Excerpts

Wednesday 20th January 2016 Westminster Hall

[Judith Cummins (Bradford South) (Lab)]

I beg to move,

That this House has considered safety in youth custody.

Thank you, Mr Wilson, for allowing time for this most important of debates. I am most grateful. The safety of our children and young people is of great and continuing interest to many Members of this House, and has been for many years. The question of safety has been discussed in numerous debates here and in the other place. In addition, it has been explored in numerous Select Committee inquiries—most recently by the Select Committee on Justice in 2013—and has been the subject of a tide of media attention, often following shocking revelations arising from the dedicated work of journalists. It is worth reflecting for a moment and asking ourselves why so many Members, people in our society, charities and third-sector bodies, and those in the media, are so tireless in their determination to protect the safety of our children and young people.

[John Howell (Henley) (Con)]

I thank the hon. Lady for giving way so early in her speech, which I am listening to very carefully. Has she considered the situation of young adults? The Justice Committee is doing an inquiry about that at the moment, and we have learned that the development of the brain means that many young adults are still effectively children when they are sent into prison.

[Judith Cummins]

I thank the hon. Gentleman for raising that interesting point, which I hope to cover later.

My belief is that, no matter what someone’s upbringing is, and whatever their political affiliation and perspective on law and order, there is a shared and enduring view that the safety of children and young people is of paramount concern. Each and every one of us believes that we must ensure that each and every child and young person is able to feel safe, wherever in the country they live. As we all know instinctively, each child and young person deserves to grow up in a nurturing, encouraging and, most importantly, safe environment. That is true in all settings—in the home, in schools or, as we are debating today, in our custodial institutions. The setting does not matter because whatever the circumstances, and whatever children and young people may have done in their short lives, regardless of whether they have been found to have acted criminally, they remain children.

We have always quite rightly held children and young people to be different from adults. Children and young people with their whole lives ahead of them are still finding their way in life and learning what it is to make their way in the world. As we sorely know, too many children and young people, especially those who find themselves in custody and in the care system, far too often find their way in life in the most desperate of circumstances. Too many live in unsafe homes or go hungry. Too many see horrific things that no person, never mind a child, should ever see. Too many suffer from mental illness that is often unrecognised and untreated, or have not received the help and support that might, in better circumstances, have lifted them away from criminal behaviour and supported them into becoming successful, loving and humane children and young people.

At this point, I pause and acknowledge that we could very easily spend all day debating the desperate circumstances that so many children find themselves in, but that is not the topic today. Today, I wish to discuss just one very important element of the safety of, without doubt, our most vulnerable children—those who are held in our custodial institutions. In leading the debate, we cannot ignore the scandalous revelations of the past weeks, broken by BBC’s “Panorama”, concerning Medway secure training centre, an institution managed by G4S. I am sure we all recoiled with revulsion at the scenes that played out on our screens during the programme: young people subjected to the most horrific maltreatment and children struggling to breathe as they were restrained by apparent professionals. Such scenes in a documentary about prisons in developing nations would have sent a shiver up our backs, but those scenes took place in a UK establishment that exists to care for children while they are held in custody.

I do not propose to discuss the “Panorama” allegations in any great deal as they are subject to an ongoing police investigation but, as we debate this important matter, the scenes that we saw on our television screens should remain vividly in our minds because they confirm one thing: complacency is never an option. The safety of our most vulnerable children—those held in custody in establishments throughout the country—is forever fragile and under threat. We must be forever vigilant. Further incidents are only a hair’s breadth of complacency away.

With those thoughts clear in our mind, it is worth reminding ourselves of what this House passed into law in 1998. The Crime and Disorder Act 1998 did two important things. First, it stated that the youth justice system’s principal aim was to prevent reoffending by our children and young people. Secondly, it established the Youth Justice Board, which was given the job of making that noble aim a reality. The Youth Justice Board, in setting its strategic objectives for 2014 to 2017, recognised that an undeniable cornerstone of successfully helping children back into society is

“to promote the safety and welfare of children and young people in the criminal justice system”.

In recognising that safety and wellbeing is a fundamental cornerstone of the successful rehabilitation of children and young people, the Youth Justice Board acknowledged in clear and unambiguous terms what we all know instinctively as parents, as brothers and sisters, as aunties and uncles and as other family members: where children and young people feel unsafe, insecure, intimidated and under threat of violence, everything else becomes background noise. Efforts to help children to socialise, learn and become confident in themselves stop and begin to regress, as do efforts to teach children the values and principles of choosing to live respectfully, humanely and in a law-abiding manner in society and communities.

If the principal aim of the Youth Justice Board is to prevent reoffending, safety in custodial institutions is not only key, but imperative. Without it, helping children and young people to become respectful, humane and law-abiding adults is an empty hope. Everything else is simply background noise. The question is: what success is our youth justice system having in ensuring that children and young people are being held in a safe environment while they are custody? Sadly, from the statistics provided by the House of Commons Library, the picture is depressing and worrying. That remains the case for the use of restrictive physical intervention—in layman’s terms, when staff restrain children—incidents of self-harm by children, assault on children and young people in custody or, most damningly and depressingly, deaths in custody.

Thankfully, the number of children who have been committed to custody in recent years has steadily fallen. All hon. Members would surely welcome this improving position but, although the number of each type of incident has dropped over recent years, the number of each type of incident per hundred children and young people in custody—the most accurate measure—has steadily increased. Whichever way we look at it, those in custody are becoming proportionately more likely to find themselves in an unsafe environment. With the “Panorama” revelations of the past weeks in mind and the erosion of safety in our custodial establishment only serving to bring the issue into sharper focus, it prompts the question: what are this Conservative Government doing to improve the safety of children and young people, and to help them to re-enter society, equipping them to become law-abiding, respectful and humane members of our communities?

In recent years, there have been a number of expert reports that have explored the safety of children and young people in custody. Inquest, alongside the Prison Reform Trust, released a report in 2012 raising important questions about the number of self-inflicted deaths in our custodial institutions. More recently, in 2015, Inquest released another report raising unsettling questions about deaths in our institutions. The Howard League for Penal Reform released a report in 2011 exploring the questions of restraint in our institutions—that work has become especially resonant following the “Panorama” revelations of the last week. I pay tribute to each of those organisations alongside so many others that I have not been able to mention which, through their continuing and valiant efforts, are successfully keeping the question of safety so firmly on both the parliamentary and public agendas.

--- Later in debate ---

[John Howell (Henley) (Con)]

It is a great pleasure to follow the hon. Member for Bradford South (Judith Cummins), and I am glad that she has secured this debate. As I mentioned in my intervention, the Select Committee on Justice, including the hon. Member for St Helens South and Whiston (Marie Rimmer), has been investigating the experience of young adults in custody. A key point raised in that inquiry is that the distinction we make between young adults and youths is meaningless. The development of the brain is such that, at times, there are many people who are much more mature for their age and many people who are less mature for their age. Although those people will be treated as young adults in the prison system, they should be treated as if they were much younger. That is an important point that the hon. Member for Bradford South needs to take into account.

Yesterday we held an important informal seminar that was attended by a number of parents of people who were under 18 when they first committed their offences, some of whom have died in custody. It was very sad and moving to listen to their testimony. There were also young people who had been in custody, and it was clear that some of them should really have been treated as youths during that period.

One of the key points to come out was the issue of mental illness. I do not think that the prison system understands mental illness in its complexities or recognises it in individuals when they present with it. We even heard examples of where people had presented with some form of mental illness to start with and their records had been flagged up, but where nobody had had the time to check what the flag meant. If someone had checked that, they would have seen that there was some mental illness attached to that person and would have taken different action while they were in custody.

As I am sure the hon. Member for St Helens South and Whiston would agree, it was a very moving experience to listen to those testimonies from individuals and to hear the real experience of people who had been through the loss of a son or a daughter—in many cases they were sons rather than daughters—and the reasons for that. The point the hon. Lady made about mental health is a very good one, and it is one that we need our prison system to be more flexible in identifying, picking up and dealing with.

With that, I will leave my remarks there.

[Jo Stevens (Cardiff Central) (Lab)]

rose—

[John Howell]

Sorry, I will happily give way.

[Jo Stevens]

I am grateful to the hon. Gentleman for letting me in at the last minute. I am glad that he has raised the issue of the mental health of prisoners, because the prison ombudsman’s report, which I think came out today or yesterday, has highlighted that very issue—in relation, obviously, not only to children in prison, but to adults as well—and the lack of mental health services for prisoners. Does the hon. Gentleman agree that it should be a priority for the current Government to address what are clearly failings in the current system?

[John Howell]

I thank the hon. Lady for her comments. I do not want to make this a party political piece; it is a duty of all Governments to identify the need for mental health services and to take that issue forward. She makes a valid point.

We also met some people who were dealing with this issue—for example, an organisation called A Band of Brothers—by taking young people in, giving them a role in life and helping them to overcome some of the difficulties they had experienced, including some of the mental health difficulties. I am therefore not saying that it is a forlorn hope that mental health will be dealt with: there are many different ways of dealing with it, and we saw some of those yesterday. I hope that the report we produce will be able to address some of them in the future.

--- Later in debate ---

[Kelly Tolhurst]

Absolutely. We must value the work that people in these centres do; in fact, it can be one of the most rewarding things that anyone can do.

As someone who had worked in commerce, my experience of working with young people who had such terrible backgrounds and were facing such severe challenges was one of the best things I have ever done. The staff do go through a training programme, but again there are things that perhaps cannot be learned quickly, and things come up along the way. Every single child—young person, I should say—is different. Every single young person has a completely different set of circumstances that has led to their being in the system. I absolutely agree that this should all be about outcomes.

[John Howell]

Does my hon. Friend have a view on whether institutions for young people are a valid option or whether greater integration of young and adult institutions is a better option?

[Kelly Tolhurst]

Speaking from experience, I absolutely believe that institutions are the right place for some young people. For example, it may not necessarily be easy for them to be in a family. It is absolutely right that we have institutions where adults can be mentors, there to look after those young people on a daily basis and to work with them to rehabilitate them. My personal view is that young people should not be integrated with the adult prison service. They have different requirements, and sometimes the offences are different for particular reasons.

My biggest concern is that all these young people will eventually become adults. Whether they are looked-after children who have had a difficult background in different institutions, or whether they are unfortunate enough—maybe through fault of their own—to end up in a secure training centre, for me there is nothing more important than ensuring that we are doing all we can to ensure that the outcomes for those young people as adults are improved. The Government’s aim is to achieve that. I welcome Charlie Taylor’s review of the system. I would like to see a review in particular of the Medway centre and some of the safeguarding. I point out that I definitely have not seen all the footage and I have not been privy to the information that “Panorama” picked up during recording, but the centre is broken up into different units, and I believe that we are only looking at one element. I would like to hear some of the better stories that have come out of that centre, which I am sure exist.

Fundamentally, I welcome the debate and the review that is taking place. From a local council perspective, I was impressed as a local Member of Parliament by the immediate response that my local authority made to deal with the allegations. The local authority is carrying out due diligence in following through on the investigations in the local authority-designated officer review and in co-operating completely with the police.

--- Later in debate ---

[Andrew Selous]

The hon. Lady asks the central question of the whole debate. I can tell her that I have thought long and hard about it since the “Panorama” revelations. I do not know whether she was in the House for the urgent question when my right hon. Friend the Lord Chancellor and Secretary of State for Justice set out in some detail the considerable monitoring arrangements we have. Yet the fact is that they did not detect mistreatment and prevent it from happening. As the Minister responsible for youth justice, I have absolutely fully taken that on board and can assure her we will continue to review seriously how we monitor to ensure we do not find out that terrible things are happening from an investigatory television programme. I will elaborate further during the course of my speech.

My hon. Friend the Member for Henley (John Howell), who is a valued member of the Justice Committee, rightly drew attention to the issue of mental health. I can tell him and other Members who properly drew attention to that issue that a comprehensive health assessment is completed for every young person on arrival in custody. This includes an immediate assessment of needs during the first day or night, followed by a more comprehensive assessment as part of their induction programme. If an alternative placement is deemed appropriate, this will be referred back to the youth justice board placement team for consideration in consultation with healthcare professionals.

I can also tell the House that each site has healthcare teams and in-reach teams that provide appropriate treatment for young people with mental health issues. I get the seriousness and importance of this issue and will continue to work with colleagues in the Department of Health to ensure we keep a relentless focus on mental health.

[John Howell]

When he gets back to the office, will the Minister look at the transfer of people and how often the transfer of the information about their mental health does not actually follow them on time?

[Andrew Selous]

My hon. Friend raises an important and serious point. Yes, of course I will look into that matter. We have to have a joined-up system as far as health needs are concerned. He makes a valuable point.

My hon. Friend also made points about young adult provision. I know the Select Committee is looking at that at the moment, but I can tell him that a Government consultation on the management of young adults was paused while the Harris review was completed. This is now being reconsidered as part of our wider prison reform strategy work and alongside the youth justice review, about which I will say more in a few moments.

The hon. Member for St Helens South and Whiston (Marie Rimmer), who is also an extremely diligent and engaged member of the Justice Committee, asked a general point about the threshold for custody for children. The threshold is high and the courts must state in open court why a youth community sentence with high-intensity supervision and surveillance is not appropriate. I will point out, as have others during this debate, that the under-18 youth custody population has halved in the past five years.

I thank my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) for her contribution to the debate. She is not only the local Member of Parliament who represents Medway, but a ward councillor in that area, so she has detailed local knowledge that we all respect. I have had frequent dealings with her since the revelations came to light. I also thank her for praising the vast majority of decent staff who work very hard in a challenging environment. She was right to put that on the record, and I do so as the Minister as well. We will be relentless in dealing with staff who fall below the very high standards that we rightly expect of them and will continue to demand.

I thank the hon. Member for Lanark and Hamilton East (Angela Crawley) for her contribution. She pointed out that my domain as the Minister extends to England and Wales, and not to Scotland, but generally we take a serious interest in what happens in criminal justice matters and in the youth estate north of our border with Scotland. I have spent time with Scottish academics and others trying to learn what we can from the Scottish prison system, so I thank her for her contribution this afternoon.

The hon. Member for Neath, who speaks for the official Opposition, asked me a large number of questions, which I will do my best to answer this afternoon. I will write to her if I do not answer them all—she posed her questions just before my own contribution, so I will not manage to answer all of them. In general, I repeat what the Secretary of State for Justice said during the urgent question:

“the care and supervision of young offenders in custody is not good enough.”—[Official Report, 11 January 2016; Vol. 604, c. 573.]

We recognise that. That is why the Secretary of State has commissioned the youth justice review. There will be an interim report in due course and a final report in the summer. It is the right thing to do.

The hon. Member for Cardiff Central (Jo Stevens) asked her hon. Friend the Member for Neath to ask me how many of Lord Harris’s recommendations had been implemented. The answer is more than half, but I would ask the hon. Member for Cardiff Central to look at our wider prison reform strategy, more of which will be unveiled over the coming months. She and others will see much in that that speaks to the important points that she and others have raised this afternoon.

The allegations made by the BBC in the “Panorama” programme on 11 January were profoundly disturbing and have quite rightly generated concern about the safety of young people detained at Medway. Let me put on the record, as the Justice Secretary did, my thanks to the BBC for the work it has undertaken to bring the serious allegations to light, although it should not have taken an investigatory television programme to do so.

We take all allegations about mistreatment of children in custody extremely seriously and make sure that they are swiftly referred to the local area designated child protection officer for immediate action. Although it would be inappropriate for me to comment on specific allegations while the investigation by Kent police and Medway Council is under way, I can assure Members that we place the highest priority on the safety of the children and young people committed to our care in custody.

It may be helpful for me to outline in further detail the action taken since the contents of the “Panorama” investigation were first reported. First, G4S suspended all seven staff members named by the BBC on 30 December 2015 and referred the allegations to Medway Council’s local authority designated officer, who is responsible for overseeing safeguarding concerns about children across the local authority, and to Kent police. G4S has subsequently dismissed five staff members, and three more are suspended.

Kent police and Medway Council’s child protection team have launched an investigation that will determine whether there is any evidence to justify criminal proceedings against anyone involved. Five members of staff have been arrested and bailed while police inquiries continue. It is important that the police are now able to complete a full and thorough investigation into each incident and to pursue all necessary lines of inquiry. I can assure Members that the Ministry of Justice and the Youth Justice Board will support and co-operate with their inquiries to the fullest possible extent.

Our immediate priority has been the safety of the young people in custody at Medway. As the Secretary of State indicated in his statement to the House on 11 January, we are meeting Lin Hinnigan, the chief executive of the Youth Justice Board, regularly to make sure that all necessary action to ensure the wellbeing of young people at Medway is being taken. Her Majesty’s Inspectorate of Prisons and Ofsted also visited Medway on 11 January to meet representatives of G4S, Medway Council and the Youth Justice Board, as well as the children detained there. The findings of HMIP’s report are being considered carefully by the Secretary of State and me.

The YJB, which is responsible for commissioning the youth secure estate, has also taken immediate steps to safeguard the children and young people placed in Medway. It might be helpful for me to outline those steps to the House. The YJB has, with immediate effect, ceased new placements of young people to Medway until further notice—that addresses one of the shadow Minister’s questions. The YJB sought urgent assurance from the G4S director of Medway that the centre had safe staffing levels following the suspension and dismissal of staff. That assurance was received on 31 December and is being kept under review. The YJB has increased both its monitoring activity at the centre and the presence of other of its staff members, including senior managers.

I am concerned that the allegations were not readily identified by the checks and systems that we already have in place. It is clear that my Department and the YJB need to work together to make sure that monitoring in the youth secure estate is more effective and robust. We expect the highest standards from all the providers who operate the youth secure estate. We expect staff to want to work with children, to have the skills and training to engage with children positively, and to act with professionalism and integrity throughout. We expect our providers’ management teams to rigorously supervise their staff and drive a positive culture throughout their organisations.