Became Member: 19th April 2000
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These initiatives were driven by Lord Ponsonby of Shulbrede, and are more likely to reflect personal policy preferences.
Lord Ponsonby of Shulbrede has not introduced any legislation before Parliament
Lord Ponsonby of Shulbrede has not co-sponsored any Bills in the current parliamentary sitting
The department welcomes the Nuffield Family Justice Observatory’s report ‘What do we know about children and young people deprived of their liberty in England and Wales’, and recognises the growing concerns regarding deprivation of liberty (DoL) cases. Children and young people deprived of their liberty are some of the most vulnerable children in society.
The newly launched National DoLs Court has helped the judiciary and the government gain more robust data and a greater understanding of this cohort of children who are often the subject of DoL proceedings, which requires a cross-system response.
The department accepts that there is a need for more robust data and will be meeting with the Ministry of Justice, HM Courts and Tribunals Services, and Nuffield to discuss their recommendations. Officials are meeting with Nuffield on 19 April. As data collection continues, we will be able to better understand the number of children placed in different settings, their characteristics, experiences and outcomes.
The department does not collect information from the National Deprivation of Liberty Court on the number or characteristics of children subject to a Deprivation of Liberty Order.
The Nuffield Family Justice Observatory are collecting data from the national court over a pilot period and publishing monthly to improve our understanding of the cases that are being heard by the court. Further information can be accessed here: https://www.nuffieldfjo.org.uk/news/nuffield-family-justice-observatory-to-monitor-data-from-new-national-dols-deprivation-of-liberty-court.
It is important to note that a setting that provides care and accommodation is subject to regulation and must be registered as a children’s home. Where a deprivation of liberty order involves a setting that is not registered as a children's home, guidance issued by the President of the Family Division is clear that an application to register the provision with Ofsted must be made within seven working days from the date of the deprivation of liberty order. Further information can be accessed here: https://www.judiciary.uk/guidance-and-resources/addendum-to-practice-guidance-placements-in-unregistered-childrens-homes-in-england-or-unregistered-care-home-services-in-wales/.
In England, the statutory responsibility for ensuring a looked-after child or young person is in the appropriate placement rests with local authorities, as they are best placed to understand the specific needs of individual children in their care. Local authorities have a duty to ensure sufficient appropriate provision for all the children they look after.
The department recognises that some local authorities sometimes find it difficult accessing the most appropriate accommodation, particularly for children with the most complex needs, and that children are sometimes placed in locations away from home, when they may be better served by a placement in their local area, if available.
The department is taking significant steps to support local authorities to fulfil their statutory duties. Between now and 2025, £259 million will be made available to develop and expand the provision of both secure and open homes, to reduce out of area placements, to provide for children with complex needs, and to promote innovative practice to maintain placement stability.
Furthermore, Ofsted has recently taken steps to make the process of registration more straightforward to support local authorities in increasing the placement options available to them. Ofsted has also issued guidance on registering a multi-building children's home, enabling a home to accommodate up to six children in up to four buildings, within one single registration.
As a matter of long-standing Government policy, we do not comment on whether an extradition request has been made or received.
However, I can confirm that the UK makes every attempt to respond as fully as possible to requests for assurances in relation to matters such as those referenced by the Noble Lord when such requests are received in relation to extradition requests made to other countries.
The Home Office has had no discussions with the Northern Ireland Executive on the creation of a statutory defence for victims of modern slavery or trafficking who have committed an offence.
The published impact assessment outlines the cost and impact on prison places of these reforms. The £32 million refers to the average annual cost of the reforms over the next 10 years (excluding transition costs). The bulk of this cost (£28.7 million) is attributed to the additional prison places required – the actual increase in costs to the Parole Board is expected to average £0.7 million over the next 10 years. However, it is important to note that these figures are averages and will not be this high immediately as the number of additional prison places required will increase gradually until the reforms reach ‘’steady state’’, which is expected to be more than 10 years away. No further funding has been allocated in this spending review period; any further funding expenditure will be determined at future spending reviews.
The impact assessment can be accessed here: https://publications.parliament.uk/pa/bills/cbill/58-03/0286/VictimsandPrisonersBillParoleImpact_Assessment_March23.pdf.
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
HM Courts and Tribunals Service (HMCTS) are committed to making changes to internal case management systems to enable the routine publishing of data relating to applications to deprive children of their liberty under the inherent jurisdiction of the court, taking consideration of the data-related recommendations made within the Nuffield Family Justice Observatory report.
HMCTS are working with the Department of Education and the Nuffield Family Justice Observatory on how the current data can continue to be made available whilst the necessary changes are made to the case management systems.
Information regarding legal representation of parents whose children were subject to applications to deprive them of their liberty under the inherent jurisdiction of the High Court is held by the government as unstructured information within the family court administrative system and the information requested could only be obtained at disproportionate cost.
Information regarding the number of respondents that were legally represented in cases where children were subject to applications to deprive them of their liberty under a secure accommodation order is provided in the table below (this does not include the children themselves who are always entitled to legal representation).
Applications for secure accommodation orders for children can, and often are, made as standalone applications following the conclusion of proceedings which may have taken place to remove the child from the care of their parents, meaning their involvement in the new proceedings may be limited which in turn may limit the requirement for legal representation. In other instances, proceedings may be made at the request of the parents themselves and they therefore work alongside the local authority without separate legal representation.
Cases / Respondents with Application for Secure Accommodation Order | ||||
Issued January 2018 to September 2022 |
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Management Information |
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Year of Issue of Application | Cases* | Respondents** | Represented Respondents† | % Represented |
2018 | 499 | 886 | 185 | 21% |
2019 | 483 | 856 | 152 | 18% |
2020 | 379 | 682 | 141 | 21% |
2021 | 389 | 714 | 133 | 19% |
To end September 2022 | 222 | 406 | 60 | 15% |
| 1,972 | 3,544 | 671 | 19% |
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* Cases with at least one application in the period for a secure accommodation order **Respondents include, but are not limited to, parents of the child. | ||||
† Representative is recorded on case management system as acting for the party | ||||
This is Management Information, the data is taken from a live management information system and can change over time and may differ from previously published data. In July 2022 the President of the Family Division launched a national deprivation of liberty (DOL) court at the Royal Courts of Justice for a pilot period of 12 months. This pilot is being monitored by the Nuffield Family Justice Observatory who have full access to the data. The Government will consider carefully the results of this pilot when they are available. |
On appointment as Parliamentary Under Secretary of State in the Ministry of Justice on 7 June 2022, Lord Bellamy followed the process on declaration of interests as set out in the Ministerial Code, which includes taking account of advice received from the Independent Adviser. In light of his previous role as Chair of the Independent Review of Criminal Legal Aid and the advice received, he recused himself from any role in implementing the Review or deliberations regarding its consequences. Ministerial responsibility rests with Minister Dines. Provision will be made for other Ministers to answer for these matters in this House so that the recusal is properly observed.
The Ministry of Justice recognises the pivotal role that organisations such as Support Through Court play in assisting litigants in person. The Ministry has agreed extensions to ensure continuity of funding, taking both the Litigants in Person Support Strategy and Legal Support for Litigants in Person grants to 30 September 2022. All organisations have been notified, including Support Through Court.
There will be new grant funding available soon for legal support for litigants in person throughout England and Wales. The details on the level of funding and how it will be administered are close to being finalised. There will be a competed process for determining which charities are awarded funding. I will write to the Noble Lord confirming the process shortly.
The safety and wellbeing of children in custody is paramount. While the number of children in custody is at historically low levels, those in custody are a cohort with complex needs. We are committed to improving the safety and life chances for children in our care, investing in staff, education, psychology services and mental health support.
This is underpinned by SECURE STAIRS – the integrated framework of care led by the National Health Service (NHS) and Youth Custody Service (YCS) – which provides the foundations on working with children. We are also continuing to roll out the youth justice specialist role, and have provided funding for every prison officer in the youth secure estate to take up a degree level qualification to provide them with the skills and confidence to work with children in custody. As of March, there were 201 youth justice specialist officers already in post, with a further 319 staff signed up or undertaking the learning.
Following the Urgent Notification at Rainsbrook STC last December, the YCS ordered MTC (the provider) to take immediate action to address the unacceptable failings. This included ensuring all children in the Reverse Cohorting Unit had suitable access to services and more time out of their room. Whilst this has been achieved, significant issues around staffing, safety and on-site operational grip remain. These concerns have been further highlighted by a recently concluded Ofsted inspection, resulting in Urgent Notification being invoked on 18 June. As a result, work has begun to remove all children from Rainsbrook, transferring them to alternative appropriate accommodation within the youth secure estate. Separate to this, we are considering the future of the centre, with a further announcement to be made on this position in due course.
Access to in person Domestic Abuse Perpetrator Programmes (DAPPs) has been adversely affected during the pandemic due to the necessary face-to-face delivery model. We are aware that some providers are continuing to provide a full service, but that others have had to reduce their offer due to social distancing restrictions.
The Government is therefore working with the Children and Family Court Advisory and Support Service (Cafcass) and the judiciary to process cases as quickly and efficiently as possible in order to minimise the impact that the on-going restrictions to this service may have on families using the family courts, and vulnerable children in particular.