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Black Children Matter: disproportionality & other youth justice issues

11 June 2020

The large and growing proportion of detained children from Black and Minority Ethnic (BAME) families will be investigated by the House of Commons Justice Committee as part of its inquiry into the Youth Justice system.

The proportion of detained under-18s (the government's definition of children) of BAME origin in England and Wales has grown from about 20 % in 2016 (calculated for a Review led by David Lammy MP) to over half (according to latest government figures). 

By way of comparison, official statistics put the overall size of the BAME community at 14% of the population.

Race disproportionality

Justice Committee MPs are due to ask expert witnesses about the factors that contribute to this race disproportionality and how the justice system is responding to concerns about it.  In written evidence, the Ministry of Justice told the Committee:

“We know disproportionate outcomes begin before children are placed in custody and work is ongoing to understand the links between disproportionality that occur before a child enters the criminal justice system, including education, and disproportionate arrest and caution rates”.

Effects of Covid-19 on the youth justice system

The Committee will also investigate the effects of Covid-19 on the youth justice system, the overall suitability of the system and youth justice reform.

A total of 738 children are currently held in detention in England and Wales in a variety of institutions. The Covid-19 pandemic has made conditions for all of them tougher. Visits from family members, social workers and lawyers have been suspended and enforced social distancing has meant that some children have only been allowed out of their cells for 40 minutes a day. The Minister of State for Justice, Lucy Frazer, said on June 9, 2020 that this length of time had now increased following an easing of the lockdown.

The pandemic has exacerbated conditions of detention for children that were already under criticism. The Chief Inspector of Prisons, in a 2019 report, said:

“levels of violence remained high and bullying was a constant concern” in secure youth institutions.

A review of the youth justice system in 2016, led by Charlie Taylor, concluded:

“the government must reconceive youth prisons as schools”.

Education

The government response to the Taylor review stated that it would be implementing its key recommendations by putting education at the heart of youth custody. It said it would establish two new ‘secure schools' to replace some of the current provision.

The first of these secure schools, with up to 64 places for girls and boys, had been due to open in Kent in late 2020 but the opening has been delayed until 2021.

Her Majesty's Inspector of Prisons told the Committee:

“We welcome the ambition to replace the current estate with smaller institutions with a different ethos to existing provision. However, as is the case with progress in improving existing establishments, we have significant concerns about the slow pace of developing new establishments”.

Witnesses 

Tuesday 16 June 2020

Panel 1 (2.30pm – 3.30pm):

  • Peter Clarke, Chief Inspector of Prisons, HM Inspectorate of Prisons
  • Angus Mulready-Jones, Lead for children and young adults, HM Inspectorate of Prisons
  • Keith Fraser, Chair, Youth Justice Board
  • Colin Allars, CEO, Youth Justice Board 

Panel 2 (3.30pm – 4.30pm):

  • Andy Peaden, Chair, Association of Youth Offending Team Managers
  • Linda Logan, Chair of the Youth Court Committee, Magistrates' Association
  • Pippa Goodfellow, Director, Standing Committee for Youth Justice 

Further information

Image: MoJ