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Education: Young People in Custody

asked Her Majesty’s Government what plans they have to develop the education of young people in custody. The noble Baroness said: My Lords, I am happy to have secured this debate and such a distinguished array of speakers. I am particularly looking forward to the maiden speech of the noble Baroness, Lady Coussins, whose expertise will contribute greatly to this House. The education of young people in custody is an issue that troubles me, and I want to share some of my concerns and pose some questions to the Minister. A good touchstone for how we deal with young people is the Every Child Matters agenda, with its outcomes of the right of the child to economic well-being, health, safety, enjoyment, achievement and making a positive contribution. The UN Convention on the Rights of the Child states that the welfare of the child is paramount. The same conditions set out in Every Child Matters and the UNCRC should apply to children in custody but often do not. I know that those young people have sometimes done terrible things; I am not saying that there should not be punishment. But for many young people, punishment simply does not work; punishment is just more of the same. Some 80 per cent of those leaving custody reoffend. Many of those young people have suffered cruelty, abuse, deprivation, lack of stimulus and rejection, and they are left with no aspirations. They are damaged children, and it does not help society or them to impose further damage. This morning, I spoke with the Children’s Commissioner for England, who expressed his disquiet at the criminalisation of children. He told me that Canada has achieved a reduction of 60 per cent of children in custody since 2003 and a 6 per cent decrease in youth crime. Maybe we should look for examples of good practice further afield. The education that these children need is not just about literacy and numeracy, important though they are, but about social skills, health education and skills for life, including the ability to get a job or further education. We need to be visionary about this. Of course, custody should be the last resort, but once in custody, gaining education and skills is important. I welcome the first edition of the National Children’s Bureau Healthier Inside magazine, which gives news and examples of good practice taking place across secure settings and themed around Every Child Matters. I highly recommend it to your Lordships. The Learning and Skills Council, which has responsibility for education provision in young offender institutions, states: "““The majority of 15 year olds in juvenile establishments have had little or no formal education or training. As well as low levels of basic skills, many of them will have particular learning difficulties that need additional support””." I have a few statistics. The Youth Justice Board reports that around 150,000 children and young people under the age of 18 enter the youth justice system each year, and about 70,000 of those are of compulsory school age. About half are underachievers, a third need help with literacy and numeracy, and 15 per cent have a special educational needs statement, in comparison to 3 per cent of the general population. Some 60 per cent have difficulties with communication, 83 per cent of boys had been excluded from school and 41 per cent were aged 14 or under when they were last in school. That set of facts presents a challenge for any system of education, and I am aware that there are dedicated people who are attempting to better the lot of young people in custody, but those damaged youngsters need intensive efforts and urgent help. The Youth Justice Board has prioritised the provision of education and training, health and mental healthcare and support in finding accommodation after release from custody. But the way in which the secure regime works makes it difficult to provide consistent and relevant education. Sentences tend to be short—on average four months—and transfers between institutions are frequent. It appears that educational establishments are reluctant to admit young people who have recently served a custodial sentence. Indeed, Section 562 of the Education Act 1996 exempts local education authorities from having to provide education to children who are detained under a court order. The UN Committee on the Rights of the Child has expressed particular concern about the lack of a statutory right to education for young people in custody. The DfES has identified many of the problems through responses to its consultation paper Reducing Re-offending through Skills and Employment. Those problems include negative experiences of learning; lack of continuity between school and offender provision; exclusion from school; transfer between agencies, which disrupts learning; the need for records of achievement; and the need for vocational options. What has happened to those recommendations? A recent Youth Justice Board Report published research findings on the barriers faced by young people in the youth justice system when trying to access education, training and employment. The issues identified included low attainment, detachment from school—sometimes due to bullying—pupil/teacher relations, size of class, and disruption of education by being in custody. Youth justice practitioners see complex rules on benefits and allowances, lack of continuity of education between custody and the community, lack of support for special educational needs, and inability to access education because of being in the youth justice system. Strategic barriers included educationalists’ lack of knowledge of the youth justice system, confused responsibilities and lines of accountability—such as whether the YOT worker, the school, college or Connexions adviser is responsible for the young person—and so on. I am aware that the DfES published a consultation paper on education and training for young peoplein the youth justice system in April. It looks at four areas: transition from custody to community, the delivery of a personalised curriculum, workforce development, and clarifying accountability for the education of young offenders. What will happen to this consultation and in what timescale? The problem is urgent. Young offenders should be a priority for LEAs, schools, FE colleges and training providers, otherwise we risk a cycle of deprivation, disengagement with society and ensuing reoffending. Guidance is urgently needed for LEAs, as well as training for staff in how the youth justice system works, designated staff in schools and colleges with responsibility for these young people, appropriate education delivered in a consistent way, local schools admissions policies for young people in the criminal justice system, and access to special educational needs co-ordinators for secure training centres and youth offender institutions. An educational plan should be tailored to individual young offenders and should follow the young person. Resettlement planning should have a specific education and training element, agreed with all partners. What joint work is there on young offenders between the Minister’s department and other relevant government departments, particularly those with some responsibility for offender management and communities? Partnership and collaboration is essential at both government and local level to secure a better future for young offenders and for society. I would not wish to see Every Child Matters become simple rhetoric. I am delighted that the Minister for Education is responding to this debate, stressing education as opposed to criminality. I know that he has a broad view of the importance of education and is genuinely concerned about this issue. I hope that he will be able to tell us that young people in custody will have a better future than they now do.