Working with children in prisonJune 2015

Laura JanesConsultant Solicitor

laura.janes@howardleague.org

Overview

• Some history: designating remanded children as looked after

• Distinct needs of children in prison • Snapshot of the secure estate• Problems faced by children in prison• Role of IROs, problem solving and

avoiding the need for lawyers

Some history

• Children remanded to STCs and LASCHs previously looked after.

• Research and data indicates that looked after children enter custody at a higher rate than other children.

• LASPO 2012 was designed to reduce the number of children remanded to custody by introducing a more stringent test for remands and changing the operational arrangements making LAs responsible.

Some history

• 1,930 children were remanded to custody in 2013 - 2014, accounting for 21% of the average custodial population.

• Of these, 62% were not given a custodial sentence (25% were acquitted).

•https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/399379/youth-justice-annual-stats-13-14.pdf

Legal basis for detention

About children in prison

• May 2015: 1004 under-18s in custody (38 girls, 966 boys)

• A slight rise of 12 compared to the previous month, but still 153 fewer than at the same point last year

• 41% BME (19% of 10 – 17 year olds in the general population are BME)

– http://www.justice.gov.uk/statistics/youth-justice/custody-data

Characteristics‘[Children in custody] are, on any view, vulnerable and needy children. Disproportionately they come from chaotic backgrounds. Many have suffered abuse or neglect. Over half of the children in YOIs have been in care. Significant percentages report having suffered or experienced abuse of a violent, sexual or emotional nature. A very large percentage have run away from home at some time or another. Very significant percentages were not living with either parent prior to coming into custody and were either homeless or living in insecure accommodation. Over half were not attending school, either because they had been permanently excluded or because of long-term non-attendance. Over three-quarters had no educational qualifications. Two-thirds of those who could be employed were in fact unemployed. Many reported problems relating to drug or alcohol use. Many had a history of treatment for mental health problems. Disturbingly high percentages had considered or even attempted suicide.’•The Queen (on the Application of the Howard League) v Secretary of State for the Home Department and the Department of Health [2003] 1 FLR 484, paragraphs 10 and 11.

Characteristics (2)

• Over a decade later, Munby’s summary still rings true

• Around one third have a history of care• I can count on one hand the number of children in

full time education on entering custody• I have known only 2 children to do A levels in ten

years• Closer, more familiar to major life events

– Childbirth – Bereavement

Children in custody: 2006 - 2015

Children in custody by ethnicity

Where children live within the estate

• Far from home• Mainly in prison service establishments • Move around a lot• Over the last ten years, all of these

features have increased…

Where children live

2006

2015

Age of children in custody

Child A Child A is typical:• He is a boy• He is 17• He has a history of care (previously looked after)• Mental health problems• Serving a long term sentence• In a YOI• Not doing any education • Challenging• Over 120 extra days • Will now leave prison as an adult

Problems

• Numbers are down, but the problems are up– Less staff (reduced by one third). “Low financial reward

for a dangerous job…jobs at nearby Heathrow airport are far better paid and considerably less dangerous.”

Annual IMB report for Feltham 2014

– More violence (HMIP, 38% increase in violent assaults in adult prisons last year) including force

– More isolation – Less access to help (can’t get out of cells)

Transforming youth custody

• “Custody must do more to tackle the causes of offending and set young offenders on the path to leading productive, law-abiding lives.” Chris Grayling and Nick Clegg January 2014– Secure College and increased education

• Michael Gove aims to “make sure that prisons are places of rehabilitation as much as incarceration” May 2015

Violence

• In 2014 there were:– 16,196 assault incidents, up 10% from 14,664

incidents in 2013 – 190 assault incidents per 1,000 prisoners, up from

174 in 2013 – 2,145 serious assaults, up 35% from 1,588 in 2013

• Younger prisoners are more likely to assault and be victims than older prisoners

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/425028/safety-in-custody-dec-2014.pdf

Violence (2)

• “Feltham A continues to be a real concern to the IMB both in terms of the high levels of violence reached and the nature of the violence. The number of assaults on staff has also increased. A letter was sent to the Secretary of State for Justice expressing these concerns.” IMB (2015)

• Non-violent children become violent to survive

• Exposure to violence is abuse

Violence (3)

• Use of force continues– MMPR – minimising and managing physical

restraint (since 2012)– Serious concerns by Restraint Advisory Board

dating from 2011 about painful holds (straight arm and head hold)

– These painful holds are two of the most used: head hold alone accounts for between 19 – 25% of all restraints

– A medical review of these holds is outstanding

Violence (4)

• Restraint for good order in YOIs• There were 5,714 incidents of restraint

used in the secure estate in 2013/14. This figure represents an increase to 28.4 per 100 children (up from 23.8 in the previous year).

(MOJ, January 2015)

• Across secure estate, increase in independent adjudications from 17,500 to 21,500

• At Feltham, rise from 1,313 (2012-13) to 1,727 (2013-14)

• Children on DTOs cannot get independent adjudications and are protected from additional days

• But they cannot get representation either…• Adjudications can be a cry for help

Disciplinary measures

Isolation

• No central data on the number of children in segregation units in YOIs

• Between October 2013 and September 2014 children spent 7,979 days in segregation units in YOIs

http://www.theyworkforyou.com/wrans/?id=2014-11-04.213432.h&s=segregation+7%2C970#g213432.r0 (Shailesh Vara, HC

Deb, 7 November 2014, cW)

Isolation

• De facto solitary confinement• For a significant minority of boys (26%)

time unlocked could be an hour a day (some as little as 30 minutes) - this amounted to solitary confinement. Most boys spent about 7 hours out of their cell on weekdays. (HMIP 2015)

https://www.justiceinspectorates.gov.uk/hmiprisons/inspections/hmpyoi-feltham-feltham-a/#.VVYJzI5Viko

Isolation

• If a parent locked a child in their room all day, with no time to play, it would be a child protection issue

• Feltham Inquiry – safeguarding board following calls to our advice line

https://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2015/01/Feltham-A-CYP-web-2014.pdf

Education at the heart…• Increase in statutory school age to cover almost all

children in custody • YOI Rules require children to be educated (Rule 38)• From August, 30 hours of compulsory education • Feltham IMB for 2014: Despite education being

compulsory, too many boys are excluded – “attendance can be below 30 (sometimes much lower) when there are 75 classroom spaces available.”

http://www.imb.org.uk/reports/2014-annual-reports/page/2/

Interventions• Virtually no structured interventions (JETS

is still the only accredited course, nothing for girls)

• Lucy Faithfull Foundation decommissioned • Mental health services “patchy”: young

person in a YOI following two years under mental health section, isolated for months, now being assessed for High Secure

Leaving custody• Mobilities and ROTLs, the ripple effect of skull

cracker• Resettlement is still poor: “Too few of these

children are being provided with what they need to lead crime-free lives” Joint thematic inspection of resettlement services to children by youth offending

teams and partner agencies – (report was on YOIs and STCs)https://www.justiceinspectorates.gov.uk/hmiprobation/wp-content/uploads/sites/

5/2015/03/Youth-Resettlement_report.pdf

• Advice line calls to HL for children with resettlement problems stable at approximately 120

Daniel• Daniel was sentenced to an 8 month DTO, having been

targeted by older men to sell drugs.• He was placed in a Secure Children’s Home.• Although there were indications that he had the capacity to

engage in education and therapy, he seemed unable to control his behaviour in the secure environment.

• Although Daniel’s possible release dates were known from the date of sentence, nothing was put in place until just three days before his release which was scheduled just before Christmas.

• Once released back into the care system, concerns remained about his ability to keep himself safe and rehabilitate.

Role of IROs• “The independent reviewing officer is intended to be a

robust mechanism designed to hold a Local Authority to account in the management of a child's plan.” HHJ Venables, In the matter of Child X, 2014

• What use is it to hold the local authority to account while a child is in prison?

• The need to shine a light; the critical role of external scrutiny

• The benefit of a fresh perspective • Asking difficult questions?

Questions about the remand

• Does the child need to be detained in custody?• Why was bail refused?• Was there a package from social services on

the table?• What would be needed to put together a

feasible bail application?• What are the timeframes for trial and sentence?

And the court process…

• Does the child need additional or better legal help, advocacy or even an intermediary?

• If the child is likely to be convicted or pleads guilty, what is the likely sentence?

• If the child is acquitted, what’s the plan?• Does the child need assistance from social

services to put together a plan?

Questions for all detained children

• The child behind the crime: are there outstanding assessments that need to be undertaken that may go towards explaining the offence?

• Is the child safe in prison: is the child a child in need, are there child protection concerns? (local children’s services)

• Is the child in education, accessing therapy etc?• Does the child have any other outstanding legal needs?

– e.g. asylum application, age assessment, family contact issues, compensation claims, public law matters concerning unlawful decisions or omissions by the state or criminal appeal matters.

Children sentenced to custody• Should the child have a further looked after exit review if

that are outstanding actions? • Will the child to be transferred to another prison

establishment upon sentence and will this placement meet the child's needs?

• Will the child be transferred to an adult establishment during the course of his or her sentence? What will be the impact of the sentence on family relationships?

• Will the child be able to access education, therapy and support following sentence?

• When is release? How will release occur? What’s the plan?

Redress for children in prison

• Virtually no legal aid left for children in prison

• Children make up 1% of the prison population but make just 0.1% of all complaints

Why do women and young people in custody not make formal complaints? PPO, March 2015

Future role for the LA• If the child is sentenced to custody and is not yet 16, is

she likely to become 16 and accrue leaving care rights while in custody?

• Who is going to make sure that a social worker or personal adviser is allocated when the child becomes relevant?

• Should the local authority remain involved of its volition if it is to become involved again in the future?

• Is the child entitled to visiting as a former looked after child?

• Will the child need to be looked after again on release?

Mark: good practice

• Mark was a looked after child• He committed a serious sexual offence• He was sentenced to an extended sentence for

public protection • Five social workers• One IRO• Release by the Parole Board • Outstanding care planning > safe release to a

therapeutic setting

The end

• Any questions?