Lindsay Hoyle
Main Page: Lindsay Hoyle (Speaker - Chorley)Department Debates - View all Lindsay Hoyle's debates with the Ministry of Justice
(2 months, 1 week ago)
Commons ChamberWith permission, Mr Speaker, I would like to make a statement on the youth justice system in England and Wales. I am today publishing a White Paper, with a once-in-a-generation set of reforms to build a youth justice system that intervenes early, responds more effectively and does more to turn young lives around, so that we can better protect the public. I am very grateful to the Under-Secretary of State for Justice, my hon. Friend the Member for Rother Valley (Jake Richards), and, before him, my hon. Friend the Member for Scunthorpe (Sir Nicholas Dakin), for all their hard work in getting us to this point.
Over the past two decades, the number of children entering the youth justice system and being detained in custody has fallen dramatically. This progress is the result of real cross-party consensus, with a modern youth justice system that began under Tony Blair’s Government and was continued, during his time as Prime Minister, by Lord Cameron—he famously said he would “hug a hoodie”—who, with Lord Gove, asked me to carry out the Lammy review.
But this success has brought a new challenge. Our youth justice system is now working with significantly fewer young people, but they are significantly more vulnerable and at significantly higher risk. Most begin their journey into crime long before they come to the attention of the police, their lives shaped by instability, by trauma and often by neglect—the kind of childhood that most of us in this House could barely imagine. Some grow up surrounded by violence, addiction and abuse, while others are moved endlessly around children’s homes or foster care placements, never staying in one place long enough to have the stability needed to feel safe, let alone the love and care that would enable them to really thrive. All those factors make them more likely to end up in the justice system. When we fail to intervene early enough, the consequences can be devastating—for those children, of course, but also for victims and entire communities, because around 80% of prolific adult offenders first enter the justice system as children.
The risks that children face have also changed. Today’s children are navigating online harms, criminal grooming through social media and exposure to extremist content. Too often the system has struggled to keep pace: opportunities to intervene are missed, warning signs go unnoticed and agencies do not consistently share information. This means that children can slip through the cracks between services, which risks escalation, and responsibility between agencies becomes blurred. The lessons emerging from the Southport inquiry, following the tragic murders of three young children by Axel Rudakubana, a violent 17-year-old who was known to authorities, are a terrible reminder of what can happen when systems are not sufficiently co-ordinated and not sufficiently decisive in the face of escalating concerns.
We must learn those lessons but also strike the right balance. The system must recognise that they are still developing and that most have huge capacity to change. We should not over-criminalise but, at the same time, avoiding criminalisation must never mean overlooking risk or failing to act. Benign neglect, however well intentioned, is still neglect. Where behaviour causes harm, timely, proportionate and effective intervention is essential to protect the public and to support children to change course.
That principle is reflected throughout this White Paper. First, we will intervene earlier, investing an additional £46 million over the next three years in our turnaround programme, which is already showing promising results in diverting children from crime, and by strengthening the join-up with other programmes that support children on the cusp of offending. We will also strengthen and expand the use of parenting orders, which can compel parents to address their child’s behaviour, including attending counselling or guidance sessions. If they do not act, they will face penalties. We will deliver on our manifesto commitment to introduce an offence of child criminal exploitation, building on the work carried out by others, including Baroness May, and placing the focus where it belongs: on the adults who groom, the adults who coerce and the adults who profit from exploiting children. Through new youth diversion orders, we will tackle the increasing number of young people who commit terrorism offences, allowing agencies to intervene before that risk escalates.
Where offending does happen, we will ensure that children get the right response at the right time. Diversion must be firm, fair and effective. We will fundamentally reform the youth out-of-court resolution framework, to improve consistency and public confidence so that children receive interventions that genuinely address their behaviour and cut crime. We will also pilot problem-solving youth intervention courts, laser-focused on rehabilitation and prevention. They bring together judges, youth workers and specialist support to tackle the root causes of offending, whether mental ill health, school absence, addiction or exploitation, while still demanding accountability from young offenders.
Custody will always be necessary for the most dangerous offences, but for many children even a short spell inside can deepen their problems, exposing them to more violence and criminal influence. So we are setting an ambition to cut the number of children remanded in custody by 25% over this Parliament, alongside an intention to reduce the use of short custodial sentences, which so often are ineffective, with more than two thirds of children going on to reoffend. Instead, we will invest £5 million in intensive community placements and stronger bail support, protecting the public while giving children a genuine chance to change course.
We will also reform the childhood criminal records regime, because mistakes made at 13 should not become a life sentence of closed doors and lost chances, not least where this prevents young people from getting a job, which is a crucial factor in helping offenders turn their lives around. We will carefully consider the age of criminal responsibility in this country, which currently sits at just 10 years old, to ensure that it still reflects a modern understanding of childhood, vulnerability and development. We will also strengthen local youth justice services so that they are better equipped to meet the needs of today’s children.
We will soon set out detailed proposals for a new approach to youth justice service oversight, and funding arrangements so that children receive consistently high-quality support wherever they live. That includes reforming the Youth Justice Board, sharpening its focus on continuous improvement of local services and transferring some of its key functions to the Ministry of Justice, so that Ministers are fully accountable for how the system performs.
I have been clear that custody will, where appropriate, be necessary for public safety. However, we will take further action to improve safety and education across the youth estate, while setting a clear long-term direction of travel away from large, outdated institutions and towards smaller settings that can better rehabilitate children.
The White Paper is also about fairness. Not all children in our justice system are equal. Those in care are still far more likely to be drawn into the system. Black children remain vastly over-represented—22% of the youth custodial population, compared with 6% of 10 to 17-year-olds overall. Black children are also over-represented among victims, being around six times more likely to be victims of homicide. I warned about this disproportionality when David Cameron asked me to do the Lammy review, nearly a decade ago, and the fact it persists today should shame us all. These reforms will begin to address that, building a system that is fairer and more consistent.
It is not a choice between punishment and rehabilitation; it is about what works: protecting the public, cutting reoffending, and stopping vulnerable children—so often victims themselves—becoming tomorrow’s dangerous adult offenders. This Government will do whatever it takes to give more children the chance of a better future, and to keep the British public safe. I commend this statement to the House.
Exactly—we used to have them, and the Tories abolished them. We want to bring them back and grow their numbers so that we can support these young people.
There are a range of things we can do through this White Paper, and I encourage the hon. Member for West Suffolk to read it in detail. A lot of his predecessors would agree with it. It is good work, and we need to get on with it.
I welcome the White Paper, which shines a welcome light on an often-neglected part of the criminal justice system. The remarkable drop in the number of young people in custody, from a high of 3,400 a day, is sometimes box-ticked as “job done”, but when half those young people are on remand and a majority do not go on to receive a custodial sentence, there is clearly more to be done.
The Justice Committee is conducting an inquiry into children and young adults in the secure estate. While the Government are right to look at early intervention and alternatives to custody, will the Lord Chancellor also look at the successes and failures of the current custodial system for young people and how it can better rehabilitate young people and reduce the risk of reoffending?
We will look at this and do the necessary inquiry, and I know that my hon. Friend’s Committee is doing that work at the moment. He is concerned, quite rightly, about the huge rates of both prolific crime and recidivism. Clearly, the system is not working. We have this group of young people present in the system, and sometimes over two thirds of them go on to reoffend. We can do better, and we must do better. We have put rehabilitation at the heart of this youth justice White Paper.
Jess Brown-Fuller (Chichester) (LD)
The Government’s White Paper represents a truly critical opportunity to transform the youth justice system and, importantly, reduce lifetime offending. We know that most offenders in our prisons today are repeat offenders and that persistent offending often begins early in life, with eight in 10 prolific offenders in England and Wales committing their first crime as a child. We must stop this chain of escalation, and the earlier we intervene, the better.
Nowhere is that more applicable than for children in care, those from ethnic minorities and those with special educational needs, who are disproportionately represented in the justice system. Will the Secretary of State set out how this overhaul will ensure that these children, given their specific vulnerabilities, will receive the targeted support that they desperately need?
May I take this opportunity to highlight the great work of the organisation SHiFT and encourage the Justice Secretary to engage with it? I believe that SHiFT’s model could be rolled out across the country, helping young people before they even commit their first crime?
Education for young offenders can be a crucial step in diverting them from a path to reoffending. We are pleased that the Children’s Commissioner will undertake a review of education in young offender institutions, but can the Justice Secretary ensure that it will take into account the fact that 80% of young people who are sentenced have special educational needs and make sure that the support they are getting in those institutes is fit for purpose?
The Youth Justice Board provides vital independent oversight of the youth justice system, yet the Government have chosen not to act on the report they commissioned from Steve Crocker, instead bringing a number of the board’s functions more directly within the remit of the Ministry of Justice. What is the purpose of those reforms? What benefit will the Government gain from bringing those functions in-house, and will the Justice Secretary address the concerns from across the sector that these reforms risk reducing specialist experience and weakening independent accountability?
Finally, will the Secretary of State set out how the use of parenting orders will affect the recruitment of foster parents, those being asked to take on special guardianship orders or kinship arrangements, and those considering adoption? If parenting orders will not apply to those families, how will they be supported effectively to ensure that this measure does not lead to further family breakdowns and more children ending up in the care system?
Sarah Pochin (Runcorn and Helsby) (Reform)
In my 20 years’ experience in the courts, I have watched young people’s attitude change: there is no respect for the courts when they walk into the courtroom, and no fear of the police. Prison—or young offenders institution—sentences are no longer a deterrent, because they are simply not given out. We rarely see parents in court in support, for lots of different reasons: these children are neglected because their parents are battling alcohol or drugs, have financial issues or are out of work; or they are in a care system that is letting them down. I have visited care homes that I know let under-age youngsters go out at night and prostitute themselves, because nobody can keep an eye on them or control them. The care system fails those kids too. In places such as my constituency, I witness kids going out in gangs, subject to organised crime gangs. They need opportunities, they need apprenticeships—
Order. One of us is going to give way and it is not going to be me. [Interruption.] Please, sit down immediately. I need to get everyone’s questions in. If you want to make a statement, you can apply for an Adjournment debate. I am sure there are many other ways to do that, but you cannot just hog the whole of this debate.
This is one of the few occasions—the first ever, I think—when I have agreed with the hon. Lady, specifically about the context for these young people. She brings tremendous experience to the Chamber as a magistrate working in this area, and we can agree about children in care, the adult grooming that we are seeing and parents often not being present in the criminal justice system—we have to do more to support them. She will find a lot in the White Paper that perhaps Reform can adopt as its policy for the next election.