Crime and Policing Bill

Baroness Jones of Moulsecoomb Excerpts

Wednesday 25th February 2026 Lords Chamber

Moved by

[Baroness Jones of Moulsecoomb]

195: Clause 58, page 74, line 15, after “(A)” insert “, who is aged 18 or over,”
Member's explanatory statement
This amendment, and others in the name of Baroness Jones of Moulsecoomb, seeks to ensure children are not held criminally responsible for cuckooing or coerced internal concealment offences.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, like other noble Lords here this evening, I am quite keen to get home, especially as I will have to stay up all night tomorrow night reacting to the Gorton and Denton by-election, which is going to be very exciting. I hope the Minister expresses the same sort of support for these amendments—well, obviously he will not, but perhaps somebody else will—because I am concerned that Labour has promised something that these clauses will not actually deliver. Perhaps I can explain.

I want to thank the noble Lords, Lord Hampton and Lord Randall of Uxbridge, both of whom signed these amendments, although the former’s name is not on them. Amendment 195 and the related amendments seek to ensure that children are not held criminally responsible for the offences of cuckooing or coerced internal concealment where those acts arise from exploitation. These amendments come from joint work by the Children’s Society, Action for Children, ECPAT UK, Catch 22, the Alliance for Youth Justice, the NSPCC, Barnardo’s and other academics.

The Government’s decision to introduce the offence of CCE, alongside new offences addressing cuckooing and coerced internal concealment, demonstrates a genuine commitment to closing gaps, increasing justice and ensuring that those who exploit children are held to account. Taken together with the new preventive orders and the strengthened safeguarding orders elsewhere in the Bill, this represents real progress.

However, there is a troubling inconsistency at the heart of the legislation as drafted. Children being exploited by adults, whether forced to take over another person’s home or to facilitate internal concealment, could be criminalised. While the offence of child criminal exploitation applies only to adults, Clauses 58, 61 and 62 bring children under the age of 18 within the scope of the new offences of cuckooing and coerced internal concealment. That means children who are themselves being exploited by adults could, in law, be treated as perpetrators rather than victims. This directly contradicts the Government’s stated intention to address the imbalance of power exercised by adults who use children to commit crime. It also risks undermining the very purpose of the new offences by re-criminalising children through the backdoor.

We know from the National Crime Agency that child exploitation is a defining feature of cuckooing linked to county lines activity. Police forces report children as young as 14 being found in properties that have been taken over for criminal purposes. This clearly is a legal point, and I am not a lawyer; I very much hope the Government’s lawyers can look at this and see that I am right and perhaps tighten up the Bill as drafted. Children subjected to violence, grooming, intimidation and control cannot meaningfully refuse adults who demand their help. They cannot consent and they should not be punished for crimes that arise directly from their exploitation. This Bill really has the potential to mark a genuine shift in how we respond to child exploitation, and these amendments could help ensure that children are victims and not offenders, and that the law reflects that without any sort of ambiguity.

Amendment 198 concerns Clause 62 and the provision of statutory guidance for agencies responding to child criminal exploitation. Again, it comes from the same child action networks I mentioned before. As I have said, the creation of new offences and preventive orders in this Bill is welcome, but legislation on its own is a blunt instrument and its success will depend entirely on how it is implemented on the ground by the wide range of statutory agencies that come into contact with children at risk of exploitation. Child criminal exploitation is complex, hidden and constantly evolving. It cuts across policing, social work, education, health, youth justice, housing and safeguarding partnerships. We have to have a joined-up, consistent, well-informed response; otherwise, it is pointless putting any of this into the Bill. Support and guidance must extend to all public authorities with statutory responsibilities to safeguard and promote the welfare of children, because without comprehensive multi-agency guidance we will continue to see uneven responses, confusion over roles and responsibilities, and children falling through the cracks.

Elsewhere in the Bill, in Clause 99 in Part 6, the Secretary of State is rightly given powers to issue multiagency statutory guidance on the new stalking offence. That recognises that identifying victims, managing perpetrators and preventing harm requires co-ordinated action across multiple agencies. Child criminal exploitation is no less complex and, in many cases, far more so, and the same approach should apply here. Amendment 198 would ensure that statutory guidance is issued to all agencies operating under Section 16E of the Children Act 2004, reflecting their safeguarding activities and duties.

I realise it is very difficult for the Government to react to all the amendments that we put in. I am feeling a bit lonely on these Benches, actually—I do not know if everybody else has gone home already; I am quite jealous. My ambition is to ensure that the provisions in this Bill are supported by the clear, authoritative, multiagency guidance necessary to make them work in practice, and to make sure that we can see they are working in practice. I beg to move.

[Baroness Brinton (LD)]

My Lords, the noble Baroness, Lady Jones, has outlined the amendments and their importance in detail. I want to echo her last point about the need for proper guidance to set out exactly what the many agencies that should be involved need to do. The group of charities that have written to us propose that this should

“Provide clear advice on the complex and evolving nature of CCE”,

including cuckooing;

“Clarify the roles and responsibilities of all relevant partners”

and “Emphasise transitional safeguarding”, ensuring that young people do not suddenly get pulled out of somewhere and have absolutely no resource to face a new life. They add that it is important that this is not just the obvious agencies; it needs to include those concerned with slavery and trafficking and the police specialists working in child abduction, and it needs to extend to care orders, secure accommodation and deprivation of liberty orders.

--- Later in debate ---

[Lord Katz (Lab)]

I will not speculate. I suspect that would be the case, but I had probably best undertake to write to the noble Baroness to confirm that detail.

[Baroness Jones of Moulsecoomb (GP)]

I thank the noble Lord for his answers. I recognise the points he made, and those made by the noble Lord, Lord Davies, but quite honestly, when you have so many children’s organisations saying that the Government have got something wrong, the Government ought to listen. Although I am not going to push this to a vote, I feel like tackling the various Ministers in the corridor sometime and making sure they understand the depth of my care and passion about this. We all want to protect children, and the Government will be responsible if there are gaps. I beg leave to withdraw the amendment.

Amendment 195 withdrawn.