24th April 2025
Details
This briefing from the Alliance for Youth Justice explores the critical issues faced by young people in contact with the criminal justice system transitioning to adulthood, with a particular focus on the impact of the increase in young adults held in the children’s secure estate across 2023 and 2024. The report calls for a child-centred children’s estate; the development of a distinct approach to custody for young adults; and case-by-case decisions to transition young people turning 18 between the two estates.
Temporary policy change
In 2022, to relieve capacity issues in adult prisons, the Government introduced a temporary policy change whereby children would transition to adult prisons upon turning 19, rather than when they turned 18. This policy was in place until 2024. As youth custody establishments were already struggling with staffing capacity, during this period, the conditions in YOIs worsened, with children spending less time out of their cells, a reduction in access to education and increased levels of conflict and violence. The report suggests that the interests of young people were not taken into consideration when this policy change was introduced, and the repercussions on the children’s secure estate and the young adults held there were significant. Interviews with experts revealed concern that this temporary policy decision may be the start of a slippery slope towards an erosion of the hard-fought-for separation between youth and adult justice.
Drawing on information gathered from youth justice practitioners, professionals, civil servants and young people who have lived experience of youth custody, the report considers the potential benefits for over 18s remaining in youth custody until they turn 19, for example, continued access to more welfare-based and child-focussed services and support. However, the report goes on to conclude that the negative impacts far outweigh any benefit, with experts highlighting issues with safeguarding for children under 18, the influence of over 18s on younger children, lack of education, training and courses directed at over 18s and no opportunity to work. The report also reveals that professionals working with children in youth custody are inadequately trained on the processes usually handled by the adult system and do not necessarily have the right knowledge and skillset to meet the different needs and requirements of over-18s.
Conclusions and recommendations
The report concludes that, according to experts and young people, the secure estate for children should be:
- A last resort
- Child First approach
- Small and local
- Fair and equal
- Family-oriented
- Therapeutic and caring
- Staffed by youth workers
- Ambitious about education
- Active and rewarding and
- Responsive to maturity
For young adults, the secure estate should broadly follow similar principles however, there should be a focus on support for becoming an adult, taking into consideration that young adults are at a different stage of life than children. For example, education should include a focus on vocational work and practical skills like financial literacy and budgeting, employment and professional competencies. The report highlights that, currently, there is no rationale in the criminal justice system for the young adult estate, with there being no evidence that young adults are treated any differently to older adults.
The report emphasises that the decision as to when a young person transitions from youth to adult custody must be made on a case-by-case basis, with professionals applying an individualised, needs-based approach. Experts stated that it is crucial that the young person’s wishes are taken into consideration and that they are educated about what life is like in adult prisons before they are asked whether they would like to make the transition. The report also finds that young people moving into the adult estate need more support before and after the transition. Considering that maturation continues until at least the mid-twenties, the report also advocates for the fact that, whatever establishment young people are held in, there should be a dedicated provision tailored to meet their needs.
The report’s key recommendations are as follows:
- Remove the Youth Custody Service from HMPPS
- Keep children and young adults out of custody
- Case by case, supportive transitions
- Ensure the distinct character of the children’s secure estate
- Develop a comprehensive plan for young adults in custody
Commentary
This report evidences that increasing the number of young adults held in youth custody has a detrimental impact on the functioning and development of the children’s secure estate. With adult prisons struggling for capacity and a lack of structure and support for managing the transition of young adults out of youth custody, experts fear that the distinct character of the children’s secure estate is at risk. To ensure truly child-centred decision making and prevent the youth justice system from being treated as an overflow for a failing adult system, there is weight behind the view that the oversight and responsibility for youth justice in government should be moved from HMPPS.
Practitioners may wish to raise the issues highlighted by this report at the point of sentence and during bail applications for children facing potential custody. Where 18-year-olds and children due to turn 18 during their custodial sentence are concerned, practitioners may wish to highlight the report’s call for a case-by-case approach to transition when making representations to the Youth Custody Service about placement.