Solitary Confinement (Children and Young People)

Debate between Seema Malhotra and Jonathan Lord

Tuesday 1st May 2018 Westminster Hall

[Seema Malhotra]

I thank my hon. Friend for making that point. I will come back to it. It is interesting to note that the use of solitary confinement was banned by former President Barack Obama in 2016. There are some lessons we can learn from what is happening in the USA.

[Mr Jonathan Lord (Woking) (Con)]

If a young person is a danger to themselves and others, what remedies, whether elsewhere in the world or in our system, is the hon. Lady recommending? Solitary confinement, as she puts it, is presumably being put in place largely for safety reasons for the young person concerned and those in the same institution as him or her.

[Seema Malhotra]

The hon. Gentleman makes an extremely valid point about the possible reasons for removal from association, in terms of safety for prison officers or the young person. However—I will make this point in my concluding remarks—I think it is incumbent on the Government to look for alternative non-solitary confinement options that can be used in the youth secure estate. Other countries do not have the same kind of youth detention estate as us, yet they still have youth crime that they need to deal with.

There is evidence that the policy of solitary confinement can be counter-productive. Rather than improving behaviour, it can fail to address the underlying causes of some of that disruptive behaviour and, as my hon. Friend the Member for Slough (Mr Dhesi) has said, create additional problems with reintegration.

During the recent roundtable in Parliament, the Howard League highlighted the case of AB, which has been covered extensively in the media. AB was a 15-year-old boy in Feltham young offenders institution in my constituency who called an advice line run by the Howard League. The adviser who answered could tell that he was miserable and fed up. He had attention deficit hyperactivity disorder and had been locked, alone, in a cell at Feltham young offenders institution for 23 hours a day, for weeks on end. He was allowed outside only to shower and exercise. Understandably, he wanted to end his solitary confinement and was appealing for help.

Cases are complex, but these are children. The Howard League stated that it

“had no option but to go for judicial review”.

AB’s case was heard last year at the royal courts of justice in London. The court found that his treatment was unlawful. It stopped short of finding it “inhuman or degrading”, but that is also being challenged. I am also very pleased that we have heard this week that the Joint Committee on Human Rights is launching an inquiry on solitary confinement and the restraint of children in the youth justice system. I hope that it will take some of these important issues further.

The Howard League received more than 40 calls last year from or about children in prison who were isolated. For those reasons and others, as my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) has pointed out, there is a growing international consensus, from groups including the United Nations Committee on the Rights of the Child, the European Committee for the Prevention of Torture, and the United Nations special rapporteur on torture, that solitary confinement should never be used on children and young people. As I have said, Barack Obama, when in office, banned the use of solitary confinement for juvenile offenders in the federal prison system. He said:

“It doesn’t make us safer. It’s an affront to our common humanity.”

With Feltham young offenders institution in my constituency, I am greatly concerned that vulnerable children are entering a justice system, elements of which could result in additional long-term harm. Solitary confinement, as defined by international law—however it is referred to and whatever terminology may be used—should be abolished and prohibited. Until it is, the health needs of those subject to it should be met, and there is an essential role for doctors and, indeed, our prison governors in ensuring that that happens.

We should be clear that any mechanism that results in a child or young person being physically or socially isolated for prolonged periods of time should have no place in a humane justice system. I should therefore be grateful if the Minister would address how he defines removal from association; what steps he is taking to get a full and accurate picture of the number of instances of it; what assessment his Department has made of the level of harm caused by it; what steps he is taking to create alternative, non-solitary confinement options in the secure estate for young people, with adequate resources and staff to meet their needs; and how he envisages us moving forward to end this practice in the United Kingdom.