Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to paragraph 211 of the IICSA report Sexual Abuse of Children in Custodial Institutions: 2009–2017, published February 2019, what the terms of reference are of the safeguarding review being carried out on the children’s secure estate; what date the review was established; and what the timetable is for the report from that review to be published.
Answered by Edward Argar
The Youth Custody Service’s internal safeguarding review was established in April 2018, under the following Terms of Reference:
The YCS safeguarding report is in the process of being finalised and I will write to you when the report has been submitted to me.
Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking in response to the findings and recommendations of the Independent Inquiry into Child Sexual Abuse’s investigation into child custodial institutions.
Answered by Edward Argar
The findings in the Inquiry’s report are shocking. The safety and welfare of children across all aspects of the youth justice system is a priority for government. We are already conducting an urgent review into safeguarding in the youth custodial estate and we have commissioned an independent review of pain inducing restraint techniques. We are also rolling out new specialist training and a specific qualification for staff working in the secure estate as part of a wide programme of reform, but we recognise further action is needed. We will carefully consider all the report’s recommendations and respond in due course.
Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the timetable is for the launch of the consultation on the review of the Criminal Injuries Compensation Scheme to ensure the right compensation for victims of violent crime.
Answered by Edward Argar
The Criminal Injuries Compensation Scheme review was announced in September 2018. Work on the review is currently ongoing and we are committed to consulting this year on proposals.
Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the timeline is for tabling an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which would grant legal aid to unaccompanied and separated children.
Answered by Lucy Frazer
We have committed to lay legislation to bring non-asylum immigration matters into the scope of legal aid for separated migrant children. Subject to parliamentary time allowing we will be laying this legislation in the coming months.
Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether a record is kept of restraint for good order and discipline during detained children’s escort to and from (a) young offender institutions, (b) secure training centres and (c) secure children’s homes.
Answered by Lucy Frazer
We do not hold or collect specific data on whether restraint was used for good order and discipline on detained children during escort to and from Young Offender Institutions (YOIs).
Prior to July 2016, data in relation to the reasons for the use of restraint during escorts to and from Secure Training Centres (STCs) and Secure Children Homes (SCHs) was not collected. Data that is held and which has been collected since then is not broken down between STCs and SCHs and there have been no recorded incidents after this period.
The safety and welfare of young people held in custody is our highest priority. Restraint is only ever used as a last resort, where there is a risk of harm, and no other form of intervention is possible or appropriate. Every incident of restraint is reviewed individually by Her Majesty’s Prison and Probation Service (HMPPS) staff, this includes the review of any incident forms and in-vehicle CCTV footage to consider whether any lessons can be learned for the future.
In addition, Charlie Taylor has been asked to review the Department’s policy on the use of pain-inducing techniques in the restraint of young people in the secure estate, including when they are under escort, to ensure that our approach remains appropriate for the youth estate and in line with the latest research. He is due to report back to Ministers with his findings in Summer.
Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the highest level of Minimising and Managing Physical Restraint (MMPR) technique, low, medium, high or pain-inducing, was for each MMPR use of force incident during the escort of detained children to and from (a) young offender institutions, (b) secure training centres and (c) secure children’s homes in each of the last five years.
Answered by Edward Argar
We do not hold the data as requested. Minimising and Managing Physical Restraint (MMPR) has been specifically developed for use by staff working with young people in custody. It was introduced in May 2016 and provides a greater emphasis on managing challenging behaviour without resorting to restraint and also stresses the importance of accurate reporting to enable the ongoing analysis of its effectiveness. It also includes restraint techniques which have, for the first time, been assessed by an independent panel of medical and behaviour management experts (the Restraint Advisory Board).
I have, however, provided below a table which sets out incidents requiring restraint techniques for escorts to and from Secure Training Centres (STCs), Secure Children’s Homes (SCHs) and Young Offender Institutions (YOIs) from 2016 to 2018
| SCH and STC [1] | YOIs [2] |
2014 | Not held | 85 |
2015 | Not held | 105 |
2016 | Jan to Jun = Not held Jul to Dec = 6 | 112 |
2017 | 19 | 131 |
2018 | 12 | 126 |
More specific data in relation to the level of restraint used on children during journeys to and from STCs and SCHs is not held or collected. However, such scenarios are rare with only 12 incidents taking place in 2018. HMPPS review each of these incidents individually, considering any incident forms and in-vehicle CCTV footage to consider whether any lessons can be learned.
The safety and welfare of young people held in custody is our highest priority. Restraint is only ever used as a last resort, where there is a risk of harm, and no other form of intervention is possible or appropriate. Every incident of restraint is reviewed by the establishment, this includes looking at whether any lessons can be learned for the future.
In addition, Charlie Taylor has been asked to review the Department’s policy on the use of pain-inducing techniques in the restraint of young people in the secure estate, including when they are under escort, to ensure that our approach remains appropriate for the youth estate and in line with the latest research. He is due to report back to Ministers with his findings in Summer.
[1] Data for Use of Force on journeys to and from STCs and SCHs broken down by sector is not collected or held. Data on Use of Force in escort journeys to and from STCs and SCHs broken down between MMPR and non-MMPR techniques is not collected or held.
[2] MMPR does not currently apply to YOI journeys
Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many use of force incidents occurred during the escorting of detained children to and from (a) young offender institutions, (b) secure training centres and (c) secure children’s homes in each of the last five years; and what proportion of these involved the use of (i) Minimising and Managing Physical Restraint (MMPR) and (ii) non-MMPR techniques.
Answered by Edward Argar
We do not hold the data as requested. Minimising and Managing Physical Restraint (MMPR) has been specifically developed for use by staff working with young people in custody. It was introduced in May 2016 and provides a greater emphasis on managing challenging behaviour without resorting to restraint and also stresses the importance of accurate reporting to enable the ongoing analysis of its effectiveness. It also includes restraint techniques which have, for the first time, been assessed by an independent panel of medical and behaviour management experts (the Restraint Advisory Board).
I have, however, provided below a table which sets out incidents requiring restraint techniques for escorts to and from Secure Training Centres (STCs), Secure Children’s Homes (SCHs) and Young Offender Institutions (YOIs) from 2016 to 2018
| SCH and STC [1] | YOIs [2] |
2014 | Not held | 85 |
2015 | Not held | 105 |
2016 | Jan to Jun = Not held Jul to Dec = 6 | 112 |
2017 | 19 | 131 |
2018 | 12 | 126 |
More specific data in relation to the level of restraint used on children during journeys to and from STCs and SCHs is not held or collected. However, such scenarios are rare with only 12 incidents taking place in 2018. HMPPS review each of these incidents individually, considering any incident forms and in-vehicle CCTV footage to consider whether any lessons can be learned.
The safety and welfare of young people held in custody is our highest priority. Restraint is only ever used as a last resort, where there is a risk of harm, and no other form of intervention is possible or appropriate. Every incident of restraint is reviewed by the establishment, this includes looking at whether any lessons can be learned for the future.
In addition, Charlie Taylor has been asked to review the Department’s policy on the use of pain-inducing techniques in the restraint of young people in the secure estate, including when they are under escort, to ensure that our approach remains appropriate for the youth estate and in line with the latest research. He is due to report back to Ministers with his findings in Summer.
[1] Data for Use of Force on journeys to and from STCs and SCHs broken down by sector is not collected or held. Data on Use of Force in escort journeys to and from STCs and SCHs broken down between MMPR and non-MMPR techniques is not collected or held.
[2] MMPR does not currently apply to YOI journeys
Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many warning signs and injuries occurred during the restraint of detained children being escorted to and from (a) young offender institutions, (b) secure training centres and (c) secure children’s homes in each of the last five years.
Answered by Edward Argar
Information in relation to complaints on the Use of Force by custody escort staff for young people escorted to and from Young Offender Institutions (YOIs) is not held or collected.
Since July 2016, there have been no complaints on the Use of Force by custody escort staff for young people escorted to and from Secure Training Centres (STCs) and Secure Children’s Homes (SCHs). Prior to July 2016, whilst complaints from young people escorted to and from STCs and SCHs were recorded, the data was not broken down to indicate whether such complaints were specifically in relation to Use of Force.
Asked by: Emma Lewell (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many complaints on the use of force by custody escort staff have been made by, or on behalf of, detained children escorted to and from (a) young offender institutions, (b) secure training centres and (c) secure children’s homes in each of the last five years.
Answered by Edward Argar
Information in relation to complaints on the Use of Force by custody escort staff for young people escorted to and from Young Offender Institutions (YOIs) is not held or collected.
Since July 2016, there have been no complaints on the Use of Force by custody escort staff for young people escorted to and from Secure Training Centres (STCs) and Secure Children’s Homes (SCHs). Prior to July 2016, whilst complaints from young people escorted to and from STCs and SCHs were recorded, the data was not broken down to indicate whether such complaints were specifically in relation to Use of Force.