Young Offenders

Lee Scott Excerpts

Tuesday 8th March 2011 Westminster Hall

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

It is a pleasure to serve under your chairmanship, Mr Streeter, and it is a great honour to speak about this important issue. This debate is informed by my visit during recess week to Barton Moss secure children’s home and Hindley young offenders institution. I pay full tribute to their work and to the obvious dedication and humanity of all the staff whom I met in both institutions. The Prison Reform Trust has also been invaluable in helping me think through what I intend to say.

It is fair to say that in few areas of public policy is the research more voluminous, more detailed or more comprehensive than in youth justice. There is always one more report to be read, one more document to be studied in detail or one more set of figures. I welcome the fact that the coalition Government and the Opposition have stressed their commitment to the principle of early intervention during the foundation years from nought to five, but I am concerned that a cohort of young people out there are already on the conveyor belt to crime, as it has been termed.

In preparing for this debate, I was pleased to reread the pamphlet issued in 2002 by my right hon. Friend the Member for West Dorset (Mr Letwin) that first set out the idea of a conveyor belt to crime. I was working in the Conservative research department when it was published, and it is a useful reminder that those were not the wilderness years we often felt them to be at the time. The pamphlet indicated to me that the conveyor belt does not stop at age five but runs right through to age 17.

Although much good work is being done on early intervention and preventing children from stepping on to the conveyor belt to crime, we must recognise that there is a significant policy challenge in what is almost a lost generation—those aged between four and 17 who may already be on that conveyor belt and who have already missed the benefits of Sure Start, family nurse partnerships and other initiatives. It was stressed to me at Barton Moss secure children’s home that the four to 10 age group is particularly important for policy makers to grapple with. We concentrate on the foundation years and the 15 to 18 age group, but a great deal does not always happen in between. I urge Government and think tanks to address the four to 10 age group.

Whenever we discuss criminal justice, we must ask big questions. What is the criminal justice system for? What is the relative balance between punishment and rehabilitation? Crucially, where is the victim in all this? Although it is tempting to embark on a great philosophical exploration of criminal justice, I will focus on a slightly narrower field of play, starting from shorter sentences.

I was struck when one of the professionals whom I met the week before last said to me, “Well, if they are in for eight weeks, at least we can sort out their teeth.” That might seem a slightly odd thing to say—surely the purpose of incarceration is not to address issues of oral hygiene—but the point is much more fundamental. Many of the people who enter the youth justice system have had chaotic lifestyles; many have never seen a dentist or engaged with health services; and many have dropped out of the education system. Even a short sentence can offer a brief opportunity to address some of those underlying problems.

It might be argued that many in the youth justice system have experienced a perfect storm. According to the Prison Reform Trust, 76% of those in the criminal justice system have an absent father, 51% come from deprived households, 39% have appeared on the child protection register, 28% have witnessed domestic violence, 14% have a parent with a physical, mental health or learning disability, 48% have been excluded from school, 31% engage in substance use, 20% engage in self-harm, 17% have a formal mental health diagnosis and 11% have attempted suicide.

I read out that litany not merely to emphasise the relative disadvantage faced by those in the youth justice system but to make a more fundamental and frightening point. The structure of our youth justice system seems to make it more likely that the most troubled in our society will be given custodial sentences, because their needs are thought to be far too complex to be dealt with in the community.

[Mr Lee Scott (Ilford North) (Con)]

I congratulate my hon. Friend on securing this important debate. Does he share my concern that some young people suffering from Asperger’s syndrome do not necessarily get the treatment and diagnosis that they need, but are simply put down as mischievous, badly behaved troublemakers?

[Paul Maynard]

My hon. Friend anticipates much of my speech. We certainly lack a fundamental ability to assess the needs of young offenders when they enter the youth justice system and determine how best to address those needs. They therefore end up in the secure estate without having been assessed properly, because the tools are not present in the system, which is a great worry that I shall discuss later. The conveyor belt appears to be constructed almost to minimise effective exit points before reaching the secure estate. That should be of great concern, because disadvantaged children face particular problems in both the courts and custody.

It goes without saying that reoffending by juvenile offenders is extremely high. Some 75% of those released from custody and 68% of those given community sentences or other disposals in the community reoffend within a year. Why is that? Undoubtedly, some of them commit crimes and are bad people, but for a significant number, the ineffective screening process and lack of appropriate tools for identifying behavioural and communication difficulties almost set them up to fail.

I welcome, for example, the Minister’s proposed amendments to the Bail Act 1976, which would remove the option of remand for young people who were unlikely to receive a custodial sentence, but I would also welcome an assurance from him that the alternatives will adequately protect vulnerable children. When I visited Barton Moss secure children’s home, I was struck by the fact that many children are remanded there on bail for their own protection and welfare, even though they might not end up receiving a custodial sentence. There must be no presumption against a custodial remand.

Equally, when offenders reach the youth court, they find disadvantage once again. Little is done to screen young offenders for mental illness, learning disability or speech, language and communication difficulties. It is no use imposing a disposal of any sort if the young person cannot comprehend the punishment or interpret what is occurring to them in what can be a very off-putting setting. I admit that I have never visited a youth court, but I can imagine the feelings of a nervous child entering that formal situation, uncertain of the process and of what is occurring.

I welcome the previous Government’s introduction of a witness intermediary scheme to help witnesses with speech and language problems or communication difficulties better to present their case in court, but I must ask why such assistance is not also afforded to defendants suffering from similar problems. Does a child’s impairment increase the possibility of custody, because it makes it more likely that they will fail to comply with a youth rehabilitation order, or because there is a lack of an appropriate youth justice programme that might enable compliance? If so, it is a damning indictment of the system. Is it really the aim of our society that eloquent children should be more able to plead for one last chance?

When children get to custody, they have what is called the Asset form, which is the primary document for interpreting children’s needs. Those forms are critical to the development of appropriate care and sentence plans, but they are structurally flawed, because they fail to identify speech, language and communication difficulties. They impair identification of individual problems and make it harder to address those difficulties during the time in custody, however short or long it may be. The inadequacy of Asset means under-reporting of those problems, and I believe that they are taken insufficiently seriously within public policy circles.

We should recognise that, thanks to Lord Bradley’s report, improvements have been made to the way in which mental health is addressed, but the situation is by no means perfect. Indeed, it is a success only relative to the absolute failure in terms of other needs. The consequences of that failure in screening and appropriate identification are severe. As I have said, we are setting young offenders up to fail, which manifests itself in the rapid increase in the numbers of young offenders who are returned to remand for breach of conditions. For example, someone might be given what is still called an ASBO—an antisocial behaviour order—and told that they cannot enter a particular road. However, their grandmother might live on the other side of that road and, if they cross it to see her and somebody spots them and reports them for it, that is a breach. It might get them sent back to a young offenders institution, but it seems to me to be a technical breach. It might even be that the young person cannot comprehend that to get to their grandmother’s house, they would be breaching an ASBO in the first place. If they do not receive appropriate care and an appropriate sentence plan, and if they have a basic lack of understanding of the process in which they are engaged and are incapable of engaging with the interventions provided for them, we are setting them up to fail.

The story is the same when they get to custody. Nick Hardwick, the chief inspector of prisons, has said:

“Prisons can offer a short window of opportunity for the majority of young people who end up in custody…That is an opportunity that must not be wasted.”

I am concerned that it is being wasted in some instances. For example, it is critical that children who might have dropped out of the education system and have not acquired the basic skills of literacy and numeracy are re-equipped with them, if they are to fulfil a purposeful life once they are released. However, it is clear from written answers provided to me by the Minister that the number of such young people achieving literacy qualifications dropped from 2,104 in 2006-07 to just 1,350 in 2009-10. Similarly, the number completing numeracy courses dropped from 2,680 in 2006-07 to 1,813 in 2009-10. I doubt that that is simply because of a decrease in the numbers in those institutions. There is clearly something more structural going on, and I would welcome some more information on why it might be occurring.