Question to the Ministry of Justice:

To ask His Majesty's Government what steps they are taking to ensure that businesses that wish to establish secure transportation services for children and young people have in place behavioural management policies that set out (1) how children and young people’s human rights can be protected; (2) the conditions for the use of restraint during transportation; and (3) the official reporting procedures that are in place in case of restraint being used.

The most recent Prisoner Escort and Custody Services (PECS) procurement process, which covers securely moving both adults and children, commenced in August 2020 and runs for ten years. This contract covers a range of services including secure transportation between prisons, police stations and other named places of detention and courts as well as transportation of prisoners between prison establishments and includes transition moves from the youth to adult estate.

The Criminal Justice Act 1991 (as amended) and section 12 and Schedule 2 of the Criminal Justice and Public Order Act 1994 as amended by the 2007 offender management act, covers staffing requirements for moving children. All suppliers must demonstrate their technical and professional ability to deliver services, including compliance with the Equality Act 2010, as well as a sound economic and financial standing during any procurement process.

Requirements for the supplier to implement behavioural management policies are included within the PECS contract outlines and cover Human rights, where use of restraint may be applicable and a requirement that any use is reported. There is an expectation that mechanical restraints would not be routinely used for children unless a risk assessment confirms they are necessary.

The PECS suppliers are required to adhere to Prison Service Instructions covering the use of restraint, and their Standard Operating Procedures, training and supervision will be structured around these policy documents. Further to this the PECS contract requires suppliers to have a programme of development and refresher training for their staff which includes training for dealing with young people. Suppliers are also required to review any use of force and ensure that any appropriate lessons are learned, shared and implemented.