Solitary Confinement (Children and Young People)

John Howell Excerpts

Tuesday 1st May 2018 Westminster Hall

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I beg to move,

That this House has considered use of solitary confinement for children and young people in the justice system.

It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank the Speaker’s Office for granting this debate. I thank the Minister for coming to respond and all Members who have joined me for this discussion. May I also put on record my appreciation for the British Medical Association, the Howard League for Penal Reform, the Royal College of Psychiatrists and the Royal College of Paediatrics and Child Health for their tireless campaigning on human rights in the context of healthcare?

Two weeks ago I hosted a roundtable in Parliament with the BMA, the Royal College of Psychiatrists and the Royal College of Paediatrics and Child Health. They have issued a joint call for solitary confinement to be banned for children who are locked up in the UK. That call is based on evidence of harm, and they have urged the Government to act. Importantly, they have also produced guidance to help improve care for those segregated by prison officers until any ban is in place. The roundtable was attended by peers and MPs, including my hon. Friends the Members for Brentford and Isleworth (Ruth Cadbury), for Liverpool, Wavertree (Luciana Berger) and for Stretford and Urmston (Kate Green).

In response to a written parliamentary question that I tabled in January, the Government said:

“We do not use solitary confinement. Young people can be removed from association under careful control where they will not be permitted to associate with other young people.”

The Minister repeated last Friday that the UK does not use solitary confinement. Solitary confinement is defined under international human rights law as

“the confinement of prisoners for 22 hours or more a day without meaningful human contact.”

Many I have talked to have said they are not clear on the distinction between solitary confinement and removal from association. Indeed, YoungMinds says that regardless of the term,

“we consider any individual who is physically isolated and deprived of meaningful contact with others for a prolonged period of time to be in solitary confinement.”

[John Howell (Henley) (Con)]

Given what the hon. Lady has said about the definitions of solitary confinement, it would be helpful to know how many people she thinks are trapped in the solitary confinement system, so that we can get a feel for how big the problem is.

[Seema Malhotra]

I will come on to that point. One point I will make is about the inadequate collection of data. What information we receive comes partly through the lens of healthcare providers and charities that are taking calls from prisoners in distress.

To continue the point I was making, I should be grateful if the Minister would clarify the substantive difference between the international definition of solitary confinement and the Government’s definition of removal from association.

Let me outline the current situation. Under rule 49 of the young offender institution rules, a prison governor can authorise removal from association for up to 42 days. That can be extended further after application to the Secretary of State. I understand that, as we have just discussed, national data on the use of solitary confinement within the youth secure estate are not currently collected. That is concerning, as it means that no accurate data exists as to how many children and young people are being held in isolation and for what period of time. However, anecdotal evidence from the Equality and Human Rights Commission and others suggests that it is on the increase. Will the Minister clarify the situation on data collection? What steps can be taken to change it?

According to the recent BMA guidance, “The medical role in solitary confinement”, the use of solitary confinement in the UK youth justice system is much more widespread than we might realise. According to studies that the guidance flags, almost four in 10 boys in detention spend some time in solitary confinement—some for periods of almost three months. Some estimates suggest the duration of confinement can range anywhere from an average of eight days up to 60 or even 80 days. Children and young people are also increasingly being kept in conditions of solitary confinement—in cells or rooms for up to 22 hours a day—amid reports of staff shortages and increased violence. There is also evidence referred to by the Children’s Commissioner that certain groups may be more likely to experience isolation.