Youth Justice System: Gypsies and Travellers

Phillip Lee Excerpts

Wednesday 1st February 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

It is a pleasure to serve under your chairmanship, Ms Dorries. I congratulate the hon. Member for Stretford and Urmston (Kate Green) on securing the debate. She has a long history of engagement in these issues, both before coming into Parliament and since.

Young people are some of the most vulnerable in the secure estate. We are determined to improve standards in youth justice so that we not only punish crime but intervene earlier to prevent crime and reform offenders to prevent further crimes from being committed.

There has been a significant and welcome reduction in the number of young people entering the youth justice system in recent years. However, we are concerned about the levels of disparity that exist in the justice system. Last August, the Prime Minister announced an audit of public services to reveal racial disparities, and the review, headed by the right hon. Member for Tottenham (Mr Lammy), has been established to provide an independent assessment of the treatment of and outcomes for black and minority ethnic individuals in the criminal justice system. Gypsies and Travellers fall within the scope of the review. In November last year, the right hon. Gentleman wrote to the Prime Minister setting out some of his emerging findings. The final report is due to be published in the summer, and we will give its findings careful consideration.

We also welcome the Women and Equalities Committee inquiry launched in November last year, which will look at the effectiveness of Government policy in improving outcomes for Gypsy, Romany or Traveller communities across education, health and employment as well as the criminal justice system. We will monitor the outcome of that inquiry.

I note the recent report by the Traveller Movement on Gypsies, Romany and Travellers in the youth justice system, for which the hon. Member for Stretford and Urmston drafted the foreword. I commend its work to promote increased race equality, inclusion and community cohesion.

The Youth Justice Board does not currently require local authorities to collect data specific to the identification of Gypsy, Romany and Traveller children and young people. However, the YJB and Her Majesty’s inspectorate of prisons publish an annual report, “Children in Custody”, which monitors the number of GRT children in young offenders institutions and secure training centres. The latest report, published last November, found that of the young people surveyed in STCs, 12% identified as GRT in 2015-16, which was up from 11% in 2014-15. For young offenders institutions, 7% considered themselves to be GRT, which was down from 8% in 2014-15.

The report showed that in young offenders institutions there was no difference between GRT children and the rest of the cohort in understanding spoken and written English. It also showed that participation in education, work or vocational skills training in custody is higher for those identifying as GRT than among the rest of the cohort.

[Mr David Lammy (Tottenham) (Lab)]

As I think the Minister is indicating, surveys show that Gypsy and Traveller young people’s experience of education in youth custody is positive; to the extent that they are in vocational training, they want to do it and their perceptions of being in education are positive.

[Mr Lammy]

I have seen that as I have been around prisons. That is something that the youth justice system can build on. I hope the Minister might indicate how that might happen.

[Dr Lee]

I know that the right hon. Gentleman is very interested in expanding the evidence base on the experience of GRT children in the youth justice system, in particular. As the hon. Member for Stretford and Urmston indicated, the genesis of a lot the problems encountered in the justice system predates their appearance in the system. A lot of them relate to the fact that those children do not attend school, so their first opportunity to receive education is in the system. We are conscious of that, and we are pleased that some of the indicators show that, when those services are offered, children engage with them. We want that to continue.

As I said, the youth justice system is of great importance to the Government. We have made it clear that outcomes are not good enough for children in custody. Reoffending rates remain stubbornly high, and not enough is done to support young offenders. That is evident for all young offenders, including those who identify as GRT. We also remain concerned about the level of violence in the youth secure estate. Recent figures demonstrate that levels of assault, self-harm and restraint remain too high.

In December, we set out our response to Charlie Taylor’s review of the youth justice system and how we will improve outcomes for young offenders and safety across the youth custodial estate. We will develop a new pre-apprenticeship pathway to ensure that all children and young people are in education, training or employment on their release. We have committed to boosting the number of frontline staff in young offenders institutions, and we will develop two secure schools with a particular focus on education and health. They will look to attract a wide range of specialist providers and allow them the freedom to decide how best to deliver services. I look forward to updating the House on the progress of those reforms as the work develops.

It is important that ethnicity classifications for young people are robust and accurate, so any potential disparities must be identified and suitably addressed. In 2011, the National Offender Management Service adopted the 18+1 ethnicity monitoring system on the centralised database used in prisons and young offenders institutions for the management of offenders, following the change of ethnicity classifications within the national census. The 18+1 system included as additional categories “Arab” and “Gypsy or Irish Traveller”, but the new classification is not consistently used by secure children’s homes, secure training centres and youth offending teams.

The YJB uses a number of different IT systems to monitor performance across the youth justice system. The two largest systems are eAsset, the custody booking system, and the youth justice application framework, which is used to record the ethnicity of young people and draws on data from individual youth offending team case management systems. Both of those systems currently use criteria from the 2001 census categories, which means that they do not capture GRT as a distinct category.

I am pleased to say that the Youth Justice Board has confirmed it is keen to move to the 18+1 system. However, although we support working towards consistency in the data that are recorded, further work is required to assess the feasibility and costs associated with such a move.

[Kate Green]

I am very encouraged by what the Minister is saying. Can he indicate how quickly that feasibility work can start?

[Dr Lee]

No, but I will write to the hon. Lady with a guide to how long it will take. There are some issues around the implementation, as she will understand, not least because the national census criteria may change again. It is work in progress, but I am happy to write to her.

Not only would the YJB have to make changes to its central systems, but it is likely that the youth offending teams would have to amend their individual case management systems too.

[Andy Slaughter]

I am very glad about what the Minister has said, but to clarify that point, is he saying that that will happen and he is just going to give us a date, or that it might happen depending on the cost?

[Dr Lee]

No, I am not committing to it happening. I am committing to coming back to Members with the approach we are taking. There are potential issues not only with the costs, but with how the work is going to be implemented across a diverse set of institutions, which are run by different organisations. I am committed to coming back with a schedule setting out the timing and how we are approaching this issue.

Work has begun on looking into the implications of the changes. In October 2016, the Youth Justice Board informed the four case management system suppliers, which cover 158 youth offending teams in England and Wales, of its intention to move towards the revised classification system. It is formalising its business requirements prior to initiating a preliminary impact assessment, which will set out the dependencies with existing IT systems and identify the feasibility and indicative costs of moving to the revised classification system.

On an issue raised by the hon. Member for Stretford and Urmston, the Government agree in principle with the use of the 18+1 system. We opposed the amendments that Baroness Brinton tabled to the Policing and Crime Bill for two main reasons: first, because further work was required to consider the cost and feasibility; and, secondly, because enshrining its use in legislation would create issues in the event that the Office for National Statistics decided to change the 18+1 system and introduce a new system of ethnicity classification in the future.

Although there is much work to do, the Government are committed to accurate monitoring of ethnicity across the youth justice system.

Question put and agreed to.