Rights of Children (Police Custody)

Debate between Marsha De Cordova and Philip Hollobone

Tuesday 28th June 2022 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

I begin by congratulating my hon. Friend the Member for Lewisham East (Janet Daby) on securing this important and timely debate. I thank the many organisations that have worked really hard to raise awareness of the issue, including the Howard League for Penal Reform, Just for Kids Law and many experts.

My hon. Friend the Member for Lewisham East highlighted that she had an Adjournment debate on the subject recently, and I went back to it for reference. I thank her for sharing her constituents’ experiences, and I thank her constituents for their bravery in sharing those horrific experiences. I recently had a similar case in my own constituency, where a young child in their school uniform was kept in police custody for just under 24 hours—it was 23 hours and some odd minutes. That child was found to have suffered some serious failings in relation to their safeguarding while in custody. Worse still, the child was not charged with anything; they went through that horrific experience and there was no charge.

I recognise that custody is a core element of our policing. It is crucial to ensuring justice and to keeping the public safe. However, it must be balanced with the safeguarding of children, as the safety and welfare of children is paramount. Public bodies have a responsibility to protect minors. The Children Act 2004 places a statutory duty on the police in relation to children. Article 37 of the United Nations convention on the rights of the child makes it clear that children should be detained only as a last resort, and for the shortest appropriate period possible, as we have heard from my hon. Friends the Members for Lewisham East and for Erith and Thamesmead (Abena Oppong-Asare).

It was therefore deeply worrying to read the Just for Kids Law report, which found through a freedom of information request that 21,369 children were detained overnight in police custody, either pre or post charge, in 2019. That statistic should worry us all. Those children have potentially been scarred for life. That statistic is still a significant underestimate, because it only includes the responses of 34 police forces, which tells us the number could be higher. Black children are disproportionately detained in police custody overnight, according to the responses from 31 of those 34 police forces. As an MP representing a London constituency, I am particularly concerned that more than 44% of children detained overnight in police custody in 2019 were black children.

It is not right that there is such a huge racial disparity, and it points to the institutional and structural racism in the policing of our black children. The Government can no longer deny or dismiss that, because the data and the evidence are quite clear. For a child, spending a night in police custody is an extremely traumatic and frightening experience. Spending a long time in such an environment has serious consequences for a child’s mental health and wellbeing. My hon. Friend the Member for Lewisham East has already spoken about that, and that is why she is right when she says that reform is desperately needed.

It is quite clear that legislation written 50 years ago—be that PACE or other pieces of legislation—is outdated. We need to look at reforming the current system. That is why I agree with the recommendations in the Just for Kids Law report. We need a reduced time limit on how long children can be detained in police custody, because the current 24-hour limit is the same for adults and children. That cannot be right, because we know that children and adults are not the same, so it must be reduced to 12 hours or less.

The issue about appropriate adults is key, because we have already heard that children have to wait for hours in police custody without an appropriate adult. That system has to be overhauled. If it is about safeguarding the child, I am not sure what can be done if we cannot overhaul that aspect of the process.

I cannot stress enough the importance of data. Data and evidence are crucial to this process, because they really help to illustrate and paint a picture of the crisis in our policing of children. We also need a review of the collation of data so that we know what is being collated, and we need consistency across the country over what is collated.

Publication of this data will be important, because it helps with scrutiny and it helps to give robust oversight of what is actually going on. That is why publication should be mandatory. No police force in this country should decide on a voluntary basis to record data. I am not sure how that can be acceptable. Just for Kids Law was unable to access all the data in relation to its freedom of information request; it only got data from 34 police forces, when 43 could have responded.

I recently asked an oral question at Home Office questions—I think it was just over a week ago. I am calling for mandatory recording and publication of the data on children who are strip-searched. Everybody was horrified at the case of child Q, but we know now that that was not an isolated incident and that many children—including young girls, whether they are on their menstruation cycle or not—are being strip-searched. These are people’s children, and we all have a responsibility and a duty to protect them. Will the Minister commit to looking into the mandatory publication of data in relation to police interactions with young people? As I have highlighted, at the moment the police are required to record and publish such data only if an arrest has been made. However, as was the case with child Q, who was not arrested—

[Mr Philip Hollobone (in the Chair)]

Order. I said right at the start of the debate that no reference should be made to any cases where there are ongoing legal proceedings. [Interruption.] The hon. Lady made a glancing reference, which is fine, but she should not repeat the reference to child Q any further in the debate.

[Marsha De Cordova]

I apologise for that, Mr Hollobone, and I will not refer to that case in the rest of my speech.

Finally, I believe we need a review into the policing of black children. They are being over-policed and treated with less care and protection. That perception of maturity —a term that is used is the adultification of our young black children—is another form of racism.

I have seen many examples of that when I have seen young children being detained by multiple officers, and the police say afterwards, “Based on the evidence before us, nothing is wrong here.” If that is the case, something is wrong with the way our young children are being treated. I really hope that when the Minister responds to the debate, she will refer to that. The disparity in the treatment of black children across policing is bound to lead to a breakdown in community relations, and a lack of trust and confidence in the police force. All I try to do, as an elected representative, is to help the police to build trust and confidence in our communities.

I do not believe that the solution can simply be boosting diversity in recruitment; although diversity is important, there are other elements to consider. The solution is not just about providing cultural changes, either. We need an urgent root-and-branch review that investigates the policing of our black children and sets out clear recommendations about how the police can reduce disproportionality and build and restore trust.

I hope that when the Minister responds to the debate, she will agree with me that we need a review, and if she does not agree, that she will explain why, so that I can understand. No one can be against a proposal that will help to reduce the racial disparities facing our children. We all know that our children are our future. It is on us to create that fair, better future for them.