Lord Carlile’s inquiry into the treatment of children in custody, including the use of restraints, separation and searches was published in February 2006. We welcomed the report, viewing it as a valuable contribution to ensuring that children and young people in custody are kept safe. We have now considered our recommendations and have written to Lord Carlile with a response.
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Summary of our response
The YJB sees custody for children and young people as a last resort, and believes that, when it is used, there is a particular responsibility to ensure that there are the highest standards of care. Many young people in custody have substantial needs, and their behaviour can be extremely challenging. They have often had chaotic lifestyles, difficult family backgrounds and long histories of challenging behaviour. This provides the context for why it is operationally necessary for there to be methods to control behaviour in the secure estate – without good order, their needs cannot even begin to be addressed effectively.
The YJB is clear, however, that, wherever possible, the emphasis should be on promoting positive behaviour, and developing good relationships between staff and young people. Of the 45 recommendations in Lord Carlile’s report, 25 were directed at the YJB. The YJB broadly agrees with the approach Lord Carlile advocates, with many of his proposals being reflected in existing YJB policies and programmes, including:
The YJB’s response sets out its continuing commitment to develop the secure estate including improving staff education and training, promoting the use of restorative justice as a means of conflict resolution, promoting opportunities for exercise and promoting access to independent advice and support.
A limited number of Lord Carlile’s recommendations have not been accepted by the YJB.
- The YJB disagrees, for instance, that there should be consistent staff ratios across the whole secure estate, as it believes that there is a need for higher staff ratios where there are more needy young people in particular establishments.
- The YJB also disagrees with the point that the use of restraint should never be premeditated, on the basis that restraint should, in general, be employed only following a risk assessment, and that there may be particular circumstances where a restraint needs to be carefully planned to resolve a dangerous situation.
- The YJB also does not believe that a single certified physical intervention technique can be used across the whole estate. Following careful consideration, over the last two years, the YJB has concluded that it is not feasible because of the variation in types of children and establishment across the estate. The YJB’s alternative approach is to establish a set of principles on how restraint is used, as opposed to a single certified method.
- In relation to the use of searches, while the YJB does not accept Lord Carlile’s recommendations, including ending the use of all full searches, it will be conducting a review to identify principles of good practice in this regard and any improvements necessary to achieve greater consistency in practice across the different sectors.
The YJB is committed to ensuring:
- there are high standards in custody
- the rights of children and young people are respected
- custody reduces the likelihood of reoffending, on release.
There are operational dilemmas in relation to the management of behaviour in custody that need to be acknowledged, but the YJB is clear that significant improvements have been, and further improvements can be, made.