“A production line of pointlessness”: Children on custodial remand
The Children’s Commissioner has issued a significant report on children placed on custodial remand (the “Report”). It examines the impact of custodial remand on children and sets out a series of key recommendations. Central to the Report is a call for a fundamental overhaul of the secure care system, including a “clear, time-bound plan to phase out all Young Offender Institutions (YOIs) and Secure Training Centres (STCs).”
Details
The Report highlights the following key findings:
- Since 2010, the overall number of children in custody has fallen by around 68%. However, in the past decade, the proportion of children remanded in youth custody has more than doubled and last year represented 43% of the average youth custody population. This is partly attributable to the greater success in reducing the number of persons serving custodial sentences.
- Although the number of children placed on remand has decreased over the past decade, many children continue to spend lengthy periods in custodial remand, with the average duration of remand placements rising over that period. In 2021–22, the average length of custodial remand was 125 nights, which represents an 89% increase since 2013–14.
- While the use of custodial remand has decreased, the use of different types of remand placements has also changed. For example, there has been a decrease in the use of foster care placements and an increase in the proportion of children placed with parents or other guardians.
- It is common for children to be placed on custodial remand multiple times. In 2021-22, 24% of children placed on custodial remand had previously been remanded into custody.
- The use of custodial remand varies substantially between local authorities. Between 2013 and 2021, one local authority used custodial remand for 100% of all remand episodes, while another local authority used it for only 38%. In addition, 38% of local authorities used custodial remand for three-quarters or more of their remand episodes.
- Significant ethnic disparities are evident across the justice system, and remand is no exception. In 2021–22, 56% of children placed on remand were from Asian, Black, mixed, or other ethnic groups.
- According to the Report, children frequently expressed uncertainty and anxiety in relation to attending their court hearings and how long they might remain in custody. While the children acknowledged that professional support workers had attempted to explain the youth justice process to them, they still struggled to understand it. This was reported to be due to a combination of the children feeling overwhelmed and because the language and terminology used were not appropriate to their level of understanding.
Recommendations
- In the Report, the Children’s Commissioner advocates for an overhaul of the secure care system to prioritise treating children who offend, first and foremost, as children who are in need of specialised support. This includes the following key recommendations:
- The Department for Education (the “DfE”) should be responsible for the delivery of all core services, and such services should be based primarily upon a rehabilitative model of care with an improved education and engagement offering delivered in smaller groups, with support being offered in locations more proximate to the child’s home. Importantly, there should be ‘a clear, time-bound plan to phase out all Young Offender Institutions (YOI) and Secure Training Centres (STC)’.
- The DfE, Ministry of Justice (the “MoJ”) and NHS England to commission a review into the provision of secure accommodation placements for children across all social services.
- The Department of Health and Social Care, DfE and MoJ to fund Regional Care Cooperatives to deliver placements catering for children with higher level of needs (including children on remand).
- The DfE to develop an advanced plan for foster care recruitment, including in respect of remand foster care.
- The MoJ to introduce a statutory review mechanism to reassess custodial remand, as well as other checkpoints in the remand process to ensure appropriate accommodation is found.
- The MoJ to invest in targeted training for all court decision-makers involved in remand decisions. This training should be based on the Greater Manchester Remand Pilot.
- The MoJ to: (i) conduct a review into children remanded to placements with parents or guardians, and viability of Bail Intensive Supervision and Surveillance as a viable alternative, (ii) commission a review into the proportion of children held in custodial remand due to joint enterprise laws, and (iii) commission an independent review into sentencing in the youth justice system and to prohibit custodial periods less than 12 months, opting instead for community-based, multi-agency rehabilitation.
- The Report also outlined the following recommendations proposed by the Children’s Commissioner:
- A new Children’s Plan platform delivered alongside a unique ID. This should outline children’s needs, setting out the support they are entitled to receive from various agencies.
- A comprehensive national strategy to address the criminal exploitation of children alongside a comprehensive reform of the National Referral Mechanism system.
- Mandatory safeguarding referrals for any child arrested for or suspected of involvement in criminal acts.
- Clear, reliable, long-term funding streams for children’s secure care, guided by consistent measures of local need.
Commentary
The Report detailed that “in 2023-24, 441 children who were locked up in custody awaiting their hearing did not end up receiving a custodial sentence. A further 168 children (17%) had their case dismissed altogether.” This illustrates a systemic failure in the youth justice system as even a short time in custody can have a damaging effect on a child; it can disturb their education, isolate them from their family and community, and exacerbate any existing vulnerabilities.
The report summarises the latest findings on children placed on remand and offers clear, evidence-based recommendations. These recommendations can support legal practitioners by strengthening advocacy, informing case strategy, and promoting more child-centred decision-making. The report calls on the key government departments to take long overdue action. One such recommendation proposes the MOJ invests in "targeted training for all professionals involved in court decision-making on remand." YJLC delivers specialist Court Bail and Remand training for legal professionals and Youth Justice Services nationally. Our Court Bail and Remand Guide was also updated in July to reflect the Youth Remand Concordat, which encourages all agencies to work together to better support children on remand and those at risk of it.