An inspection led by HM Inspectorate of Probation with HM Inspectorate of Prisons and Ofsted has found some children could be better cared for in the community rather than youth detention.

The report, published on 23 November – A joint thematic inspection of work with children subject to remand in youth detention – looked at a sample of children on remand in England and Wales.

At any given time, there are around 200 to 250 children remanded in youth detention. Some of these children are extremely vulnerable and a minority have been charged with very serious offences that resulted in life-changing injuries or loss of life.

This inspection found:

• a quarter of the children were released on bail before being sentenced, and inspectors judged that more of them could have been safely managed in the community.
• nearly half of the children in the cases reviewed had no previous convictions and some of the remands were long, lasting more than a year
• in many cases children made no comment at the police interview but this was not always to the child’s benefit as admitting the offence at that stage might have made bail more likely
• in just under three-quarters of cases the Youth Justice Service did not offer a bail programme at the child’s first remand hearing

Interim Chief Inspector of Probation Sue McAllister said: “While we acknowledge that for some children remand into youth detention is necessary due to the severity of an alleged crime, we found that more could be safely managed in the community. Where effective and wide-ranging support is in place, Youth Justice Services can properly care for a child, monitor their risk of serious harm, and place them in suitable accommodation. Unfortunately, this isn’t the case for many services and results in children being placed in youth detention or secure children’s homes, often for long periods of time.

“Generally, we want to see a more streamlined approach to managing children from the very start, in the hope that they can be properly assessed, and that remand does not become the default option. We have also called for an urgent review of the numbers of Black and mixed heritage children on remand, given the concerning over-representation we found during this inspection. I look forward to seeing our wide-ranging recommendations put into practice in the near future.”

Chief Inspector of HM Inspectorate of Prisons, Charlie Taylor said: “Children are spending longer on remand, and this has led to the largest proportion of children in custody being on remand in ten years. This is very concerning, especially when many children were remanded far from home. The distances involved make it much harder for families and friends to visit, providing vital support to children, and we found that the cost of keeping in touch by telephone calls was prohibitive for some children. We are asking that children on remand should not have to pay to speak to their families or social workers, helping to preserve those vital ties.”

Yvette Stanley, Ofsted’s National Director for Social Care said: “Secure children’s homes are generally delivering good quality care, but we are very concerned by the poor experiences of children in secure training centres and young offender institutions. The report also highlights, once again, the disproportionality of black and minority ethnic children in the secure estate, and the disparities they face.

“Local authority children’s services are working under increasing pressures to deliver the best outcomes they can for children. However, better collaboration is needed with youth justice services to ensure looked-after children receive the services they are entitled to, and the right support at the right time.”

Children on remand

Most children fell into one of two backgrounds. Some children had a significant history of escalating social care involvement, including receiving support through child protection planning, or they were already in care at the time of the initial remand. Others had little contact with services prior to the remand. For many of these children there were missed opportunities to intervene earlier in their lives.

We found children on remand because suitable accommodation was not available or YJS staff were not confident that they could manage the risks posed by the child in the community.

The quality of care at the secure children’s homes is good, and the secure estate and community-based services work together effectively for those children. The experience of children in young offender institutions (YOIs) is different and the quality and impact of care planning are not good enough. They become children in care when remanded but the benefits of this status are not being realised. Basic needs such as clothing or pocket money to be able to pay for phone calls to their families was not always met.

Access to education in custody is limited and the uncertainty about the duration of the remand means children do not have access to the breadth of programmes available in YOIs.

Black and mixed heritage children

Children from Black and minority ethnic backgrounds are over-represented in the remand population, and that over-representation is increasing.

Throughout the remand decision-making process, practitioners across all agencies must be vigilant for racial disparities in their perceptions of children and subsequent decision-making.

We saw instances of potential adultification, where children from Black and mixed heritage backgrounds were treated as if they were older than their actual age at key points in the remand system.

Returning to the community

Uncertainty about the length of the remand makes planning difficult. Children can be released on bail unexpectedly, or the child may be acquitted, sometimes after a lengthy period in youth detention.

We saw good contingency planning in the secure children’s homes, where they often had parallel plans for the child being released imminently and for remaining in custody, but this was not the case for YOIs. In some cases, neither the YJS nor children’s services were successful in engaging the child in post-acquittal support.

Ends.

Notes to editor

1. This report is available at justiceinspectorates.gov.uk/hmiprobation on 23 November 2023 00.01.
2. For an explanation of what remand means, please visit https://www.gov.uk/charged-crime/remand
3. HM Inspectorate of Probation is the independent inspector of youth offending and probation services across England and Wales.
4. For media enquiries, please contact media@hmiprobation.gov.uk (E-mail address)