Youth Inmates: Solitary Confinement

Philip Hollobone Excerpts

Tuesday 2nd April 2019 Westminster Hall

[Emma Hardy]

I would not want to say so without having the facts in front of me, but that is an interesting question, and I hope the Minister will pick it up in his remarks. There is certainly a link through the effect on children’s mental health problems. We will have to see what the evidence says, but it would suggest there is a link.

Symptoms found in children who have been segregated include anxiety, depression, unprovoked anger, lack of impulse control, cognitive disturbances, hypersensitivity, paranoia and full-blown psychosis—to name just a handful. Those are not just minor issues. Indeed, the Prison Service’s own guidance on segregation shows that it recognises the potentially damaging effect of segregation on mental health and on those who may be at risk of suicide and self-harm. Prison Service Order 1700 states:

“research into the mental health of prisoners held in solitary confinement indicates that for most prisoners, there is a negative effect on their mental well-being and that in some cases the effect can be serious.”

Not only does solitary confinement have a detrimental impact on the mental health of the children, but it increases their chances of harm to themselves and others and makes them much more vulnerable to reoffending when they are released.

Those reports and findings relate to investigations and studies in the adult estate, but considering the widespread problems in the youth estate, it is more than reasonable to assume that the same issues are present in the youth estate too. It is certainly reasonable to accept that the proven negative impact on adults applies more so to children and young people, particularly when it is a widely accepted medical opinion that mental development, during which individuals are more susceptible to mental harm, does not cease until around the age of 25. Children who are more susceptible and more likely to be influenced are at risk of greatest harm.

The impact of segregation on children and young people goes beyond just the medical, because of its widespread use to restrict the ability of a child or young person to be part of purposeful activity in the institution holding them. That restricts their ability to take part in classes, studies, workshops or training that helps them increase their chances of not reoffending and of achieving a better life on the outside after their release, compared with when they went in. The Minister will know how desperately low literacy and numeracy levels are among children in prison, and how that limits their ability and chances when they are released. Surely, taking them away from study would have a further negative effect when they are released.

In theory, removal from free association, through segregation, should not prohibit access to education, but in many cases children are in their cells all day and allowed out for only 30 minutes. They do not always have access to education packs while in their cells. That has a negative mental impact. If they had something to do, and something to keep them occupied and busy in a constructive way, it would help to stave off the damaging effects of isolation on their mental health.

When the child comes out, they are further behind their peers, have even lower prospects and become vulnerable to reoffending. These children will not leave prison to go on to become productive members of society; they will leave and reoffend. That is failing children, it is failing victims of crime and it is failing society. The only thing that is changing is that young offenders are becoming adult offenders, so it is time for the Ministry of Justice to think again.

[Mr Philip Hollobone (in the Chair)]

The debate can last until 4 pm. We have time for Back-Bench speeches until 3.37 pm, when we will go on to the Front-Bench spokespeople. The guideline limits are 10 minutes for Her Majesty’s Opposition, 10 minutes for the Minister and the three minutes at the end for Emma Hardy to sum up the debate.

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[Imran Hussain (Bradford East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank my hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) for securing this important debate. She was absolutely right to do so, as the issue is covered much less than other wide-ranging problems in our criminal justice system. Even within the youth custodial estate as a whole, it sometimes does not get the airtime that it perhaps should. None the less, it is very important. I also congratulate her on making such powerful and substantial points. I will come on to some of the issues she raised, but she comprehensively covered a very difficult area and made particular reference to some of the international rules and laws that we are subject to and that we probably fall short of in terms of our compliance. She mentioned the Mandela rules, which I will come on to later in my speech.

The hon. Member for Henley (John Howell) spoke eloquently and drew on his previous work in this important area. He also spoke well on some of the broader issues and challenges in our criminal justice system. He highlighted some of the disparities around mental health issues—another area that perhaps does not get so much airtime in this place, but that should be of concern not least to the Minister and the Justice team, as well as more broadly across other Departments.

Hon. Members have already mentioned the report published by the Children’s Commissioner’s late last year, which should be a final wake-up call for the Government, as its verdict was so damning. It highlighted excessive use of segregation, solitary confinement or isolation—whatever we want to call it—by institutions holding children and young people, with a rise in the number of episodes of segregation taking place at the same time as we have seen an overall fall in the number of children and young people held in custody and a rise in the length of those episodes of segregation, with many instances going on for many weeks and sometimes months. Although that should be the final wake-up call for the Government, it is far from the first alarm that has gone off, with serious concerns repeatedly raised in recent years by a range of organisations involved in inmate and child health.

The picture painted by the Children’s Commissioner and others might not be the full one; tragically, the situation could be far worse. Hampering the ability of organisations to report effectively on the issue is the lack of data being collected by the Government. The Children’s Commissioner herself stated that the lack of transparency in the recording of segregation is an issue that needs to be corrected. Her report states:

“the number and average length of periods of segregations are not published at all for YOIs...Figures for all segregations of young people should be collected centrally and included in the Youth Justice Statistics.”

On such an important issue as the wellbeing of children and young people, we need better reporting and better data from the MOJ. Frankly, I am alarmed that the data is not sufficiently recorded at present.

What the data and reports do agree on, however, is that segregation has an extremely damaging effect on the mental health of all those subjected to it, and particularly children in the crucial stages of development. The World Health Organisation has identified a range of typical mental health symptoms that are presented among those who have been segregated in custody. Medical associations here in the UK, including the British Medical Association, the Royal College of Psychiatrists and the Royal College of Paediatrics and Child Health corroborate those findings. That contributes to what is now an unequivocal body of evidence on the hugely damaging effect that segregation has on health and wellbeing.

Segregation poses huge risks of psychiatric and developmental harm, and various studies show that there is also an increased risk of suicide and self-harm among those in segregation. The hon. Member for Banbury (Victoria Prentis), who is no longer in her place, asked about that, and I think there is certainly a link between suicide and segregation. Our prisons are already in a severe mental health crisis, with more than one in three offenders across the whole custody estate reporting mental health issues, and many more likely to be experiencing them. We should not be adding to those worrying figures by segregating children and young people.

We cannot look at the issue in isolation, and there are other issues within the broader custodial estate that will have an impact on it. The Children’s Commissioner noted that poor child-to-staff ratios are making it harder for children to be moved around the prison. That difficulty is compounded by the overall shortage of experienced prison officers, as those who have gained vital skills and understanding, having worked with children for years, have left the prison service, and by the specific shortage of mental health-trained officers, who were forced out by Government cuts that left staff undervalued when they were being put through increasingly difficult and trying conditions.

The shortage of mental health beds across the country following underfunding and under-resourcing is also forcing many institutions to keep children and young people in segregation for long periods while they wait for mental health beds to become available. That abhorrent practice is damning of the crisis in our NHS. A report by NHS England last year that looked at the characteristics, needs and pathways in terms of the care of young people in secure settings found that 41% of young people placed in the youth justice estate had mental health or neurodevelopmental difficulties, as the hon. Member for Henley pointed out. We must ask whether we should be sending young people with such difficult challenges to custody in the first place, and whether they would be better placed in secure medical institutions that are better equipped. It is clear to me that, with the cuts to NHS services, many mental health services are being reduced in comparison with the need for them. The justice system is being used as a dumping ground for individuals when there is no capacity elsewhere.

We cannot ignore, either, the lack of procedural safeguards that allows institutions to place young people in extended segregation. The Howard League has stated that, when it requests paperwork on isolation—even when it is the subject of a legal challenge—it faces difficulties in obtaining it. It also states that children are denied clear targets to help them move out of segregation. Particularly critical, however, are cases where institutions were unaware that external professionals such as youth offending teams and social workers should be invited to segregation reviews. Coupled with the length and nature of segregation, that all amounts to a wilful violation of the internationally recognised Mandela rules.

It must also be noted that segregation is just one aspect of the many problems with our youth custodial estate that show how unfit for purpose it is—another point highlighted by other hon. Members. One of the biggest issues is violence. The chief inspector of prisons declared in his 2017 annual report that there is not a single establishment in the youth secure estate where it is safe to hold children and young people. That was followed up by his annual report last year, in which he declared that children continue to feel unsafe in young offender institutions, and that rates of violence against both staff and young people are higher than in previous years.

The youth custodial estate also shows how great the disparity between BME and non-BME offenders has become. According to the prisons inspectorate more than half of young people in YOIs are from a black and minority ethnic backgrounds. That is a massive disparity when compared with the general population, and we should be asking deep and serious questions about why our youth justice system and custodial institutions are locking up so many young people from black and minority ethnic backgrounds.

Staff in the youth custodial estate must be able to maintain order in their institutions, but it must not be through painful restraint techniques or extreme segregation measures. That view is shared by the UN Committee on the Rights of the Child, the European Committee for the Prevention of Torture and the UN special rapporteur on torture, who all agree that segregation should never be used on children and young people. The Children’s Commissioner, among others, warns about segregation practices in the youth estate, and the Minister must commit today to an immediate, independent review that has the power to make recommendations not only on the use of segregation in the youth estate, but on every facet of youth custody, with a view to rebuilding the broken system that is failing to keep children safe.

[Mr Philip Hollobone (in the Chair)]

Minister, you have 42 minutes.

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[Emma Hardy]

I thank the hon. Member for Henley (John Howell), the shadow Minister, my hon. Friend the Member for Bradford East (Imran Hussain), and the Minister for their contributions. I echo the point made by the hon. Member for Henley about the need to look at the risk assessments for isolation, ensure that they are routine and enforced, and to keep monitoring that closely.

I welcome many of the points that the Minister made, including his reluctance about the idea of having children in prison. He said it was a sign that society had failed. I totally accept his point about the concentrated cohort with extremely complex needs. I welcome his offer to talk to me on the education side and to look again at investing money further upstream, because the figures that the hon. Member for Henley highlighted relating to children with communication difficulties, children with ADHD and children who are autistic ending up in our prison service are shocking.

As my hon. Friend mentioned, we need to look at staff experience and staff ratios to see why so many more children are being isolated, because only so much can be explained by their having special needs and disabilities, or undiagnosed needs. Perhaps we need to look at having more staff trained in mental health in our youth service, or specialists who know how to address and work with these young people. We also need a more joined-up approach with education and social services to prevent children from ending up in prison.

I thank the hon. Member for Henley for contributing, as well as the shadow Minister and the Minister. I hope that we will continue to have this conversation as we do not give up on any child. I hope that they can eventually become productive members of society again.

Question put and agreed to.

Resolved,

That this House has considered youth inmates in solitary confinement.

[Mr Philip Hollobone (in the Chair)]

Order. The sitting will be suspended until 4 o’clock. If a Division is called during that time, we will meet back here as soon after the vote as the mover of the motion and the Minister can make it.