Criminal Justice and Courts Bill

Sarah Champion Excerpts

Monday 1st December 2014 Commons Chamber

[Dan Jarvis]

Indeed. One of the fundamental problems is that there is no credible evidence to support the proposal and no independent experts who are prepared to put their names to it.

Let me ask the Minister for a number of guarantees. If separate facilities are his solution to the issue, why are they not provided for in the Bill? Even if they were, fencing off girls and the youngest offenders is not the answer. It is likely that they would still be in the minority in the separate areas and they would also be cut off from the facilities on the main site for most of the time. There would also still be times when girls and children as young as 12 would need to be moved and escorted across the main site. That would be a recipe for intimidation and it is precisely why youth custody has moved away from accommodating different age groups on the same site. Such sites are more difficult to run and mean that children have to spend more time locked up and fenced off for their own protection, hindering any hope of rehabilitation.

Let me finish by putting it on the record that if we are elected in five months’ time, the next Labour Government will not wish to go ahead with this poorly thought through proposal. The Government have said that they want to cut the cost of youth custody, but wasting £85 million of public money on a vanity project that will do little to rehabilitate young people is no saving at all. Last week, Leicester city council refused a planning application that looks likely to delay the project. Will the Minister say when he expects construction to start and whether the final contract will be signed before the election?

Anyone and everyone who has scrutinised the secure college proposal has seen it for what it is: an ill thought through cost-cutting exercise with a veil of education draped over it. Throwing girls and the youngest children into the mix would be an accident waiting to happen. The other place has had the wisdom and common sense to say so and this House should agree with them.

[Sarah Champion (Rotherham) (Lab)]

The Minister is aware that I am strongly against the creation of his secure college. Of all the witnesses we saw in Committee, not one was in favour of creating this prison for children. Indeed, most considered it a joke as it goes against the evidence and recommendations on rehabilitating vulnerable young children. The Government’s proposal for a secure college will introduce a new and dangerous kind of child custody. The Government plan to detain girls and boys aged between 12 and 17 in a 320-bed prison.

There is no doubt in my mind that if these plans go ahead, younger children will be extremely vulnerable. It is inevitable that they will experience higher levels of intimidation by older children and that their needs will be relegated because of a focus on the majority. Evidence shows that girls and younger children are likely to withdraw by refusing to engage in educational programmes or other activities in that environment, which completely counters the professed reason for creating this prison. There has been no impact assessment, so it is impossible to comprehend the implications for those groups.

Currently, young offender institutions only hold boys over 15 because it is recognised that larger institutions are unsuitable for younger children and girls. Girls and under-15s are currently held in secure training centres or secure children’s homes, which are smaller and have a higher staff-to-child ratio. Why cannot that tried and tested model be allowed to continue?

The reality of the secure college is that girls and younger children will still be sharing the same resources. Yes, they may have segregated use, but they will still see, hear and be intimidated by older boys. The vast majority of girls in the penal system have a history of sexual abuse. Imagine what it will be like for them in a testosterone-fuelled environment of boys trying to out-macho each other for fear of appearing weak. The Minister said that he has daughters so I am sure he can imagine how it will be for those girls when they try to sleep at night. How will they move on from the horrors that plagued their earlier lives or be able to develop as individuals when they are outnumbered by 19 to one?

The idea of a giant prison for children is a bad one. We have excellent youth offending schemes that have very positive results in rehabilitating young people. However, I have been in Parliament long enough to know that once the Government have decided on something, they plough on regardless. I beg the Minister to do the right thing and allow Lords amendment 74 to stand.

[Julie Hilling]

The notion of a secure college is flawed. Nobody except Ministers thinks it is a good idea—no educationalist, nobody who works in young offender institutions, nobody who works in the criminal justice system and nobody who campaigns for improvements in the way we treat children and young people in the criminal justice system. It seems to be based on a notion that going off to boarding school is a good thing, but this is not going to be like Eton. It will bring together large numbers of young people from very disturbed backgrounds who have committed serious offences. That is not a good idea.

Let us think about many of the young people who are in custody. Many have spent time in care and are likely to have had an absent parent. They have probably experienced neglect or abuse, and the prevalence of mental illness is high. Some 86% of young people in the criminal justice system have been excluded from school, 23% have learning difficulties and 36% have borderline learning difficulties. Boys aged 15 to 17 in prison are 18 times more likely to commit suicide than children of the same age in the community, and 11% of children in prison have attempted suicide. Simply trying to put knowledge into these young people without addressing their fundamental issues is doomed to failure. Young people need to be in the right place psychologically before they can start to learn. Simply trying to shove knowledge into young people who are disturbed, who have come from bad backgrounds and whose mental health is rubbish will not work; they need to be in the right place if they are to learn.

The average length of time spent in custody is 79 days, so how are those young people really going to learn a great deal in that period? The Minister talked about young people learning to read in a short period of time. There might be some successes in basic literacy and numeracy, but I do not see how it can work for their wider education process. We will be putting them in a college many miles away from home and the other support services they will need after their time in custody. They will then, after 79 days, have to reintegrate into their old school, or into a new school, and into those support services, which will not be on the doorstep to help them with their drug problems, mental health problems or all the other issues that young people face.

In Committee it was indicated to us that the teaching staff will not necessarily be qualified teachers. We are not sure about that, because the Minister will not tell us. The Government cannot just say that they will leave it until they have had a competition for people to apply to run the institution. Surely to goodness they need to lay down some firm guidelines on the qualifications and experience that those who will be working with the young people should have.

Why on earth will the Government not look at models that actually work? They should look to Scandinavia, where learning environments are in the community, where people down the street will not even know that the house on the corner is a youth custody premises, and where young people are treated holistically so that not just their education is dealt with, but all the other problems that have lead them to offend and have messed up their lives. They need that whole range of support services. We need that sort of therapeutic community, not a place where 320 young people will, as my hon. Friend the Member for Rotherham (Sarah Champion) said, vie for attention and to prove who is the most macho.

I do not believe that a secure college is a place for 15 to 17-year-olds, but it is very definitely not a place for girls and younger children, who should be in the community. The therapeutic programmes that work for young people are those that are close to the community and that are small and specific. As my hon. Friend said, so many of the young women who end up in the penal system have suffered sexual abuse and other forms of physical abuse. The Government should rule out ever putting them in a place with 320 young boys, which would make the experience awful for them.

I do not believe that we will change reoffending by locking up 320 young people together. I do not believe that we will change educational outcomes for those young people by doing that. I really wish that the Government would accept the Lords amendment, but I also wish that they would reconsider the whole proposal. If nobody else thinks that it is going to work, why are the Government arrogant enough to believe that it will? Surely they should start listening to the professionals, to those who work with young people and understand them, and not go ahead with the college, and they should certainly never contemplate putting young children and women into that place.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 11th November 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

The introduction of fixed costs for medical reports is just one element, albeit an important one, in the Government’s whiplash reform programme. We have undertaken a detailed impact assessment of the programme, which we intend to publish very soon.

[Sarah Champion (Rotherham) (Lab)]

T4. How will the Secretary of State ensure that the new national helpline for victims is properly joined up with local information and support services provided by police and crime commissioners?

[The Minister for Policing, Criminal Justice and Victims (Mike Penning)]

A lot of work is being done in this area. It will be very joined up and we will make an announcement shortly. I think the police and crime commissioners really get this now. It is really important that chief constables and PCCs do get it and that is something we are working on very closely. I am happy to work closely with the hon. Lady if she would like to do so.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 1st July 2014 Commons Chamber

[Simon Hughes]

We are doing absolutely all we can to do that. We have consulted with the mediation industry and done publicity locally and regionally. The Government have an obligation to ensure that, whenever possible, disputes do not take place in public, as that exposes the private lives of families and children in particular. We believe that we can significantly reduce, down to 5%, the number of cases that go to court, and significantly increase—up to 30%, we hope—the number of cases resolved by mediation. We will do absolutely everything we can, and I am sure that we will see progress over the months ahead.

[Sarah Champion (Rotherham) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I wish to inform the House about the real progress that we are making on judicial diversity, and pay tribute to the work being done by the Judicial Appointments Commission on increasing the number of women in the judiciary. I am pleased that the latest statistics from the commission show that nearly half of all appointments are being taken up by women. There are now 21 women in the High Court—the highest figure ever—and following recent appointments, 26 women are being added to the circuit bench, and 29 to the district bench. A clear picture is emerging that the proportion of women in the judiciary is increasing year on year. That good work needs to continue, but I am pleased with the progress.

I am pleased that today the equal merit provision comes into force: where two or more candidates are of equal merit, selection can be based on gender or race for the purpose of increasing judicial diversity. I congratulate the commission on its work, and reiterate the commitment that I as Lord Chancellor, the Government, the Lord Chief Justice, and the chair of the Judicial Appointments Commission share in achieving a more diverse judiciary that reflects the society it serves.

[Sarah Champion]

It has come to light that Sodexo plans to bid for contracts to run 12 of the 21 probation areas. Does the Minister feel comfortable in trusting such vital work to a company that cut its staff budget so drastically that prisoners in Northumberland were able to riot?

[Chris Grayling]

First, I cannot comment on the nature of the organisations that have submitted bids. We have a good mix of organisations from a wide range of different circumstances across the country, I am pleased with the progress, and we will make further information available in due course. I have been to the prison in Northumberland since the trouble there, and I have no reason to believe that the event was connected to the public or private status of the prison—my understanding from staff is that it was started by a number of prisoners who were upset that their working day had been extended by an hour.

Criminal Justice and Courts Bill

Sarah Champion Excerpts

Tuesday 17th June 2014 Commons Chamber

In Committee I proposed an amendment to remove clause 58, as that seemed the cleanest and simplest way to keep to the status quo and retain judges’ ability to intervene. Since then, I have accepted that there may be some abusive cases where the current system does not quite work, and although judges still have such power, I accept the argument that in those rare cases something could be changed.

[Sarah Champion (Rotherham) (Lab)]

I appreciate the hon. Gentleman letting me make an intervention and therefore be an intervener. He says there may be rare cases of frivolous or exploitative interventions, yet none of the witnesses before the Committee could give examples of when they were aware of that.

[Dr Huppert]

The hon. Lady is right and I will not charge her for my costs in responding to her intervention—I am sure the Minister will not want to either. She is right, but my challenge was to the Minister to identify such cases. If there are any cases—I imagine that there are, because not being a lawyer I know that lawyers are creative at finding ways around the rules—we should try to fix that. However, I think such cases are the minority.

I withdrew my amendment in Committee because I wanted to see what the Minister could do, and he agreed to consider whether there was a way to improve the clause before Report. I had high hopes that the Minister—who comes from the wonderful county of Cambridgeshire—would have been able, with all the resources of the Ministry of Justice, to come up with something that would capture what we do. We should make it clear that we are clamping down on abusive cases, and say, “Whether or not they are happening, they can no longer happen”, and leave everything else alone. I hoped that in just under three months since the Committee proceedings the Minister might have achieved that, but it has not happened. I am disappointed, because it does not seem to be too hard.

I have done my best to provide suggestions, and I have met the Minister and sent in a number of possible ways forward. Today I wish to debate one of those possibilities, to see whether I can get a formal response from the Minister and whether he will look at it as a way forward and ensure we address the issue, even if that has to be in the other place. I turned to the Supreme Court rules as a possible approach. The Government seem happy with those rules on interveners and are not proposing to change them in any way. The rules would certainly be accepted by many legal professionals, given that they seem to work for the Supreme Court—I have heard no concerns. Article 46(3) of the Supreme Court rules state:

“Orders for costs will not normally be made either in favour of or against interveners but such orders may be made if the Court considers it just to do (in particular if an intervener has in substance acted as the sole or principal…appellant or respondent).”

That seems to capture what the Minister says he was trying to achieve, and I think we would all be relatively happy with that. There would not normally be such measures, but where somebody has acted as though they should be the person taking the case, it would be covered.

That led me to table amendment 51, which tries to capture that concept—it may not have caught it absolutely and I would be happy to hear the details, but it strikes me as a way forward. It provides a way to deal with the problems the Minister is concerned about, without stifling the interventions that I think all in this House—from the Joint Committee to many Members from all parties who I have spoken to—would want to protect.

The clause is not acceptable as it stands, and I do not think it will or could become law as currently drafted because of the problems it would cause. I hope the Minister will fix this issue promptly at an early stage in the other place, and that he will consider amendment 51 as a possible way forward.

[Sarah Champion]

I wish to speak broadly to amendments 23 to 32 to clause 55 in part 4 of the Bill, and to the “highly likely” test on judicial review. I also wish to share my thoughts on the specific proposals for judicial review, based on the recent experiences of the Liverpool City and South Yorkshire regions, which directly affects my constituents. As a precursor, I should say that I accept that the number of judicial review cases has risen in recent years, but I am not certain that the proposed revision of judicial review would give a fair outcome to those parties seeking review, or tackle the reasons why instances of judicial review have increased.

In particular, I wish to address the idea that the likely outcome would be assessed as part of the process leading to the granting of a judicial review, rather than the legality of the process leading to the said outcome. On 7 February the South Yorkshire and Liverpool regions won a joint High Court action that ruled that cuts in European funding were unlawful. Lawyers bringing that action argued that the significant reduction in funding of 65% was disproportionate compared with other areas.

Evidence presented to the Court at the time showed that Ministers allocated €150 million less to Liverpool City region, and almost €90 million less to South Yorkshire, than they had estimated their share to be. Obviously, that could not be fair. It meant that over the next seven years, funding to Liverpool City region worked out at €147 per head, compared with €380 in the previous funding round from 2007 to 2013. A judicial review case was filed in September 2013, and the process, rather than the outcome, was deemed out of order. The judge requested the High Court to order the Government to adjust their allocation of funding from Europe because of the flawed calculation method used to distribute €10 billion from the European regional development and European social funds. Had that decision not been challenged, the funding that would have been allocated to Liverpool City region and South Yorkshire would have been spread across other regions.

Under the judicial review process as it stands, South Yorkshire and Liverpool were right to file for judicial review, as they believed that the process by which the decision was made was flawed. Logic would suggest that if the process behind the decision was flawed, the likelihood is that the decision itself would be flawed. Unsurprisingly, the judge ordered the Government to reconsider the funding arrangement.

The difficulty is that we will never know what would have happened if the Government’s proposals on judicial review had been in place at the time of that specific case. I suspect that the Government, already having a series of funding arrangements in mind, would have granted the same levels of funding to South Yorkshire and Liverpool, regardless of the process under which the funding allocation was decided. If, at the application stage, it was deemed that South Yorkshire and Liverpool would have been likely to receive the same amount of funding, their application would have been taken no further. To be clear: in South Yorkshire and Liverpool, I suspect that the likely outcome would have been assessed as the same in this case, regardless of the flawed process. Therefore, at the beginning of this process, the case may have been unable to proceed—a case in which 3.6 million people living in those regions would have not been able to access €10 billion-worth of funding.

Such considerations—those predictions of likely outcomes—will now become law under the Government’s plans. I have no doubt that in some areas judicial reviews may be seen as wasteful, but at the same time I strongly believe that the case I have referred to would not have made it to court under the new proposals.

Was the process flawed? Yes. Is the outcome likely to be similar? Perhaps, yes. Does that mean that the people of the Liverpool City and South Yorkshire regions should not have been afforded the opportunity to challenge? No. On the slim chance that the outcome would change for them, taking the case to the courts would have seen the two regions immeasurably better off. It is only right that the people of those regions be allowed to challenge that decision.

A faulty process often leads to a flawed decision, and even if the outcome might be the same, we need to consider those rare cases in which the outcome is predicted to stay the same so judicial review is not granted, but the outcome is then prevented from being different. In their current form, these plans would prevent case law from forming based on the one in 100 cases in which the outcome might have been predicted to stay the same but in fact did not stay the same. We are taking the power of the formation of case law away from judges, and we are instead putting the power of decision making into the hands of people less experienced in making such decisions.

I implore the Minister to look at the case of the Liverpool City and South Yorkshire regions as an example of why judicial review should be granted not on the basis of the likely outcome, but on the basis of the process of decision-making. We must allow flawed processes to be challenged, so that for the cases in which an outcome is different, the people involved are granted that outcome, rather than having it snatched away from them before it goes to court.

[Robert Neill (Bromley and Chislehurst) (Con)]

I thank the Minister for the constructive way in which he has engaged with me and others on the planning amendments. I welcome the stance that the Government have taken on these matters and I know that welcome is shared by the legal profession and planning professionals. The Minister is right to say that these are not necessarily the most headline catching of measures in the Bill, but they are important and valuable because they are consistent with the approach that the Government have adopted—in this instance, also supported by the Opposition, I am glad to say—towards the rationalisation of the planning process and the speeding up of the process of development.

These measures are significant, because a successful and smooth planning process, including the judicial element of potential challenges, is critical, not only to the legal process but to environmental protection and the economy. One of the problems that has been encountered in the past is that some of the duplications and delays in the system were a disincentive to bringing forward the sort of development that we all want to see. This is an opportunity to rationalise the process, and I am glad that the Government have taken it.

I also thank the hon. Member for Hammersmith (Mr Slaughter) for his approach in Committee, as well as the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Grantham and Stamford (Nick Boles). I also thank officials in the Ministry of Justice and the Department for Communities and Local Government—some of whom are in earshot—who took my Lazarus-like reappearance on the scene of planning law in good grace and engaged most constructively with me. I also want to thank Richard Harwood QC and other members of the planning and environment Bar who did a lot of work in the drafting of the detail of the amendments.

My hon. Friend the Minister has given me the bulk of the cherry that I asked for in Committee, but the Government have not been able to make progress on a couple of issues. I invite him to be mindful of the need to keep a careful eye on the operation of the planning court, because some matters may be picked up through the civil procedure rules and may provide a constructive means of taking forward further reforms.

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[Sarah Champion]

Does the hon. Gentleman agree that good and honourable local authority people sometimes get it wrong and that having relatively straightforward access to judicial review is a good thing?

[Robert Neill]

I am not sure whether you would agree, Mr Speaker. I take the hon. Lady’s point, but I do not think that she follows it through logically. It comes back to this: the basic tests of Wednesbury reasonableness remain. The opportunity for judicial review remains and putting some balance or check in the process to say, “Before you intervene, you have to consider the costs” is not unreasonable.

Any decision maker can, of course, get things wrong, which is why we have judicial review. That remains. But equally, it is not unreasonable to say that when a challenge is brought, those who litigate ought to bear in mind the costs of their doing so. I understand the hon. Lady’s points, which she made eloquently in Committee. I have some sympathy with her, but the Bill does not do what she believes it does. I do not believe it undermines the scope for meritorious judicial review. It is not in the interests of anyone that the courts be clogged up with unmeritorious judicial review cases. There is no doubt that there have been a number of those.

On local government, let me suggest two instances of such cases. It is suggested that those who bring judicial review are often the aggrieved small people. That is not always so. When I was a Minister at the Department for Communities and Local Government, my right hon. Friend the Secretary of State and I suffered at the hands of CALA Homes in a very famous judicial review decision when we were attempting to carry out the will of the House and, clearly, of the electorate and remove the regional spatial strategies, which were discredited. A judicial review was brought against the Secretary of State and against the democratically elected planning authority, Winchester city council, which had gone through the process of standing up for its residents who did not wish to have a particular piece of land developed. What happened was that judicial review was used by, in effect, a predatory developer. There are many cases around the country where it is the big battalions who will use judicial review against elected local authorities. Redressing the balance is fair in that instance, too.

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[Ann Coffey (Stockport) (Lab)]

I welcome the additional support for victims and their families in the Bill, but I think it would have been improved if my new clauses 8 and 9 had been accepted.

I congratulate the National Society for the Prevention of Cruelty to Children on last week’s launch of its “Order in Court” campaign to give more support to vulnerable young witnesses in the criminal justice system. I read in Saturday’s edition of The Times that there is to be a rethink about how cross-examination of witnesses in sex abuse cases is conducted in court, to try to deal with the aggressive, hostile and prolonged questioning of witnesses, which can be very traumatic.

I recently spoke to a witness in one of the Rochdale child sexual exploitation trials, as part of the report on CSE that I am preparing for Tony Lloyd, the police and crime commissioner for Greater Manchester. She told me that one of the worst experiences of her life was the treatment she underwent in court. She said:

“There is not a word to describe how bad it was. I have never ever experienced anything like that in my life and I never want to experience anything like it again. It was like one attack after another. One of the barristers was not even asking me questions. He was just shouting at me and the judge kept having to tell him to stop shouting and move on, and he kept asking questions that he was not supposed to ask. When I could not remember things they made me feel really bad.”

I welcome the fact that in the past year, 600 judges have been on a special training programme on dealing with vulnerable witnesses so that they can enforce appropriate behaviour by advocates. I think that means they can stop them from bullying witnesses.

[Sarah Champion]

I, too, am sad that my hon. Friend did not get an opportunity to debate her new clauses, because they were very powerful. She has cited an example of one girl. I have spoken to girls and boys across the country, and the expression that keeps coming up is that they find going to court another form of abuse. A number of them withdraw; the case closes because they cannot stand the trauma.

[Ann Coffey]

I thank my hon. Friend for her support.

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[Sarah Champion]

I want to put on record my abhorrence at the idea of the giant children’s prison. Not one of the witnesses we heard from spoke favourably about it. I know that it is being packaged as an educational establishment, but there is nothing in the Bill to tell us that there will be qualified teachers and social workers or anything about the level of education that the children will be offered.

Particularly worrisome for me is that, given that only 4% of the young people and children in the prison population are between the ages of 12 and 15, the vast majority of the young people will be much older than that, and only 4% will be girls—out of 320 young people, about 12 will be girls. Those girls might have committed crimes, but there is an awful lot of evidence that when girls commit crimes, it is normally because they are coerced into it, or they are acting up because of some gross abuse that has already happened to them and it tends to be a cry for help. I find it deeply abhorrent to put them in a very testosterone-led environment, and worry for their psychological futures.

I also find the fact that there was no commitment for there to be qualified teachers extremely worrying, and it confirms to me that the college is just a holding borstal, rather than an educational establishment as it is described. I also found it troublesome that there is a lot of mention of restraint in the Bill, and some of the techniques being used are not legal according to the UN—that should not be happening, particularly to children. Again, I make a plea to the Secretary of State to please consider that matter.

[Chris Grayling]

Can the hon. Lady draw my attention to where in the Bill the word “restraint” appears?

[Sarah Champion]

Standing here now, no I cannot, but I will be happy to provide that evidence. If the Secretary of States gives me a couple of minutes I could probably dig it out of the Bill.

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[Yasmin Qureshi]

I entirely agree and can give an example to the House of a case I had when I was a prosecutor. A young man, aged about 14, was in a care home. He set light to a curtain but realised quickly what he had done and tried to put out the flames. He did, and nobody was injured. People might think that he should have been put into prison and have the key thrown away. But let me tell the House the circumstances of that young man’s life. On the day in question, the young boy had been in court to give evidence against his mother’s boyfriend, who had sexually abused his younger sister. When he arrived at court to give evidence against his mother’s boyfriend, immediately upon seeing him she punched him in the stomach. He burst out crying and ran away from the court to the care home where he did this, before realising what he had done. That is the sort of thing we do not see in the headlines. The headlines would say, “14-year-old boy let off by the courts” if he received a conditional discharge or was not dealt with severely. Young people’s circumstances cannot be mentioned in public so people do not realise that a lot more can be happening in their lives than they think.

We know that most young people who have committed crimes have been abused themselves, either sexually or physically, or have been neglected or had cruel treatment. They are often psychologically damaged and the last thing they need is to go to a borstal-type school. What they need is structure in their lives and someone to care for them who will make life better for them.

[Sarah Champion]

My hon. Friend is making good points, particularly about the secure colleges and why young people need to be in a supportive environment. I want to apologise to the Secretary of State. I used the word “restraint” but he was right; “reasonable force” is the correct terminology. However, I still do not think that “reasonable force” is appropriate in a place that is meant to be nurturing young people.

[Yasmin Qureshi]

You will be pleased to know, Madam Deputy Speaker, that I shall now move to other aspects of the Bill, as I have made my point about secure colleges.

I want to refer to judicial review and I stand by the comments that I made earlier. The argument given against judicial review is that it is costly and that too many people are vexatiously seeking judicial review. As I said, one cannot just go to the court and say, “Can I have judicial review?” One has to seek leave to apply for judicial review and that application is assessed by a judge of the High Court, who are meant to be the ablest legal minds in the country. I know that they will not say to an applicant, “Yes, you can have it and we will use the court’s time.” They will not. They will review the case and look at the papers. Then, if they think there is merit in the application, they will take it one step further, look at the case and set it aside for a hearing. The Government seem to think that there are many so-called frivolous or vexatious judicial review applications, but many of them would be sloughed away by the internal judicial process in any event. Very few cases actually get to judicial review and—

Criminal Justice and Courts Bill

Sarah Champion Excerpts

Monday 12th May 2014 Commons Chamber

[Madam Deputy Speaker (Dawn Primarolo)]

Order. This debate must end by 8.30 pm, and the Minister needs to respond to all the questions and proposals put to him. It should be possible to get every Member in, and of course the hon. Member for Shipley (Philip Davies) will get a few minutes at the end of the debate if he wishes to respond. May I ask each Member to aim to speak for about eight minutes, which will leave time for the Minister? Obviously, it is not compulsory to speak for eight minutes—it is possible to speak for less time, but I would prefer no longer so as to ensure that everybody gets in.

[Sarah Champion (Rotherham) (Lab)]

I thank the right hon. Member for South East Cambridgeshire (Sir James Paice) for his support today and on the panel, and my hon. Friend the Member for Barnsley Central (Dan Jarvis) for the support and guidance that he has given me throughout this process. This is very much an issue on which the House can come together, and it has been heartening to see that when it comes to the protection of children, people think on more a logical and protection-based basis than a political one.

New clauses 2 and 3 are the result of a cross-party inquiry into child sexual exploitation that I led with Barnardo’s. We discussed the new clauses in Committee, and I appreciate the careful consideration that the Minister gave them then as well as subsequently, and I hope that that translates into a commitment.

New clause 2 would amend the Sexual Offences Act 2003 as recommended by the inquiry so that the police are better able to prevent young people from being groomed. At present, someone is considered to have committed a grooming offence under section 15 of the Act if they contact the child twice and arrange to meet them, or travel to meet them with the intention of committing a sexual offence. My new clause would mean that the perpetrator would have to make contact only once, although the other requirements of the offence would obviously still remain. During the legal and the police oral evidence sessions, advocates and the police reported that the current legislation is too weak, and that making the grooming offence easier to use would make it a good prevention tool. As one legal professional stated,

“there is a lot to prove”

when trying to get successful prosecutions using current legislation.

In many cases, there have been multiple instances of contact between the perpetrator and the victim, but proving that can be difficult for the police. There was unanimous support for this change in the inquiry’s oral evidence sessions, specifically from senior police officers. Indeed, it seems clear that if a child is travelling across the country to meet an adult, or vice versa, and that adult has demonstrated the intent to commit a sexual offence, it is completely unnecessary to require them to make contact with the child at least twice.

Two years after the UK Sexual Offences Act 2003, the Scottish Parliament considered recommendations and adopted legislation on sexual grooming. Prior to making a decision, the Scottish Parliament heard from a number of witnesses. Several respondents questioned the need for adults to have met, or communicated with, a child on at least two earlier occasions. The Association of Directors of Social Work considered that to be prohibitive, as a meeting can be set up with just one communication. The Scottish Children’s Reporter Administration recommended revising the requirement to one prior communication to more accurately reflect the reality of some children’s vulnerability and perpetrators’ skills in exploiting it. The Law Society’s written submission questioned why there was a necessity for the accused to have met or communicated with a child on at least two earlier occasions. It recommended that the reference to two earlier occasions should be deleted from the offence provision. In oral evidence, the Law Society witnesses confirmed their belief that there needed to be only one communication.

In oral evidence, the Association of Chief Police Officers in Scotland suggested that more than one contact may often be made in the grooming of children for sexual abuse, but that

“If contact had been made on a single occasion and the circumstances and other information that was available to us suggested that the contact was illegitimate it would not be helpful if we were required to wait until another contact had been made or the person had travelled with the intention of meeting the child and for more evidence that the meeting was likely to lead to sexual abuse, before we could intervene.”

In his evidence, James Chalmers also questioned the requirement for two previous communications:

“One lengthy internet conversation could last hours or the best part of a day and could be much more significant than two short conversations. That is why I have my doubts about the limitation of requiring two previous meetings or communications. I am not sure that that provision serves any useful purpose.”

Dr Rachel O’Connell, director of research at the cyberspace research unit at the University of Central Lancashire, gave evidence to the Committee that, in her experience, grooming can take place over a period of many months, but that in at least one case in Wigan, a girl went to a meeting with a paedophile after only a few online conversations during one day. In its submission to the Committee, the National Hi-Tech Crime Unit of Scotland stated:

“There is no evidence to suggest that a paedophile will not carry out the grooming process during the first communication and arrange to meet up with a child. This is no doubt the case in many instances. The aim of the new legislation is the protection of children and this loophole may well be one that the paedophile would utilise to avoid prosecution.”

I understand that the requirement for prior communication on two occasions was probably initially put in place to demonstrate clearly the intent to commit a crime. From a police point of view, however, and especially that of the child, this is at best an unnecessary burden and at worse will lead to a child being abused before the police can act. The Scottish committee recognised this concern, but considered that it is the content and the context of communications that are key to proving the offence, rather than the number of communications. There is a clear possibility that a particularly skilled paedophile could, in one communication, arrange a meeting with a vulnerable child. Because of all this evidence, the offence of grooming a child in Scotland is just one communication. I urge the Minister to follow that lead and adopt the same policy.

On new clause 3, there is at present considerable disparity between the maximum ages at which children can be considered to have been abducted, depending on whether they are in the care system or not. This was outlined well by the right hon. Member for South East Cambridgeshire. New clause 3 would amend the Child Abduction Act 1984 to make it consistent for all children. Currently, the Children Act 1989 makes it an offence to remove a looked-after child from care without authority if they are under the age of 18. The Child Abduction Act 1984, however, which applies to children not in the care system, applies only to children under the age of 16. I went over the details of this issue in the Bill Committee and I am mindful of Madam Deputy Speaker’s warning.

In Committee, the Minister raised the case of a parent who objected to their 16-year-old running off to Gretna Green to be married and used the abduction notice to stop them. I understand his argument, but I believe that police would approach this pragmatically and make the right decision. New clause 3 would be extremely helpful in a case brought to me by a constituent. Her 16-year-old daughter keeps going out to meet her much older boyfriend. The mother is extremely concerned that the daughter is being groomed, but the police do not have enough evidence to act. As the daughter lives at home, the police cannot use an abduction warning notice on the boyfriend, which could be an effective deterrent. As she said:

“What am I meant to do? I tried locking her in her bedroom but she just climbed out of the window. Am I meant to chain her to her bed?”

If the Minister accepts new clause 3, all children under 18 will receive the same protection. My constituent’s daughter would not have to be demonstrably groomed or abused before the police could act. I urge the Minister to consider my new clauses.

[Dr Huppert]

It is a huge pleasure to follow the hon. Member for Rotherham (Sarah Champion). It has been a pleasure to work with her on amendments in Committee and on Report. I pay tribute to her work and to the style with which she has tried to ensure that change happens. Her approach has been to try to solve the problem, rather than to have a political debate that would create heat but not fix anything. I hope she gets the result she deserves from the Government.

I will not say a huge amount on the detail, as the hon. Lady has covered the issues very adequately. When we discussed new clause 2 in Committee, the Minister said:

“it is sensible for me to go away and reflect on what she has said, and to work out what we can sensibly do next.”––[Official Report, Criminal Justice and Courts Public Bill Committee, 27 March 2014; c. 498.]

I hope he will be able to enlighten us on what he has sensibly done next. I notice it is not yet in the form of an amendment that we brought to this House. I hope an amendment is about to be brought, even if it has to, disappointingly, go to another place. I think the change can be made. I accept totally that the exact wording might not be precisely right—it is always hard to write these things perfectly—but the intent of new clause 2 is clear. The Minister was supportive earlier. I hope he will be again.

On new clause 3, I think the wording is slightly further away from what can be achieved. There are genuine issues—if a 17-year-old can get married, it does seem a little strange. I understand why the hon. Lady was not able to capture every single aspect of this. Having tried bits of legislation, I know how hard it can be. I hope the Minister is able to be supportive, so that we can close some of the gaps without going too far and creating problems that we do not intend to cause. I hope we can have helpful comments. I also pay tribute to Barnardo’s, which has done a huge amount of work on this issue.

I am aware of the constraints on time, Madam Deputy Speaker, so I will not go through every single clause, even though I have strong opinions on some of them. The shadow Minister talked about assaults on members of the armed forces. He is absolutely right to say that we should take great care. People who serve in the armed forces do a huge number of things for our country and they deserve protection. They should not be treated in the ways he outlined. Some of the cases are absolutely abhorrent, but I am not persuaded that his exact proposal is the best way to tackle them. I hope he will seek to find a sensible way forward and not play party politics. He has avoided doing so in other areas. We want people to be treated properly and with respect, but I do not think it is right to single out the armed forces from other organisations. There are powers already—I hope the Minister can clarify this—for this to be taken as an aggravating offence. It is already possible to do what he seeks to do, so I do not think his amendment will move us forward.

Turning to the huge bundle of amendments tabled by the hon. Member for Shipley (Philip Davies), I am happy to take credit from him for campaigning for what actually works. I know he is less bothered about that than some of us are, but I want an approach on prisons that helps people and reduces the number of offences committed. That has to be the aim. This is not just about punishment, but about not creating future problems. There is a huge amount of research on what reduces reoffending. Open prisons result in lower reoffending rates, and that is important. He would like to talk about the victims of the original offences, and I have sympathy with that approach, but I would also like to look at the victims of offences that we want to try to prevent from ever happening. That is incredibly important, and it is why I and others are so keen on evidence-informed policy making—that we should find out what happens and listen to experts rather than deal with a gut reaction.

Offender Rehabilitation Bill [Lords]

Sarah Champion Excerpts

Tuesday 14th January 2014 Commons Chamber

[Sir Edward Garnier]

Well, I hope I have read the hon. Lady’s entry correctly. Perhaps she had better come and see me later and we can get it corrected. In any case, her party has a closer affiliation to the trade union movement than I personally have and my party has. I can therefore understand why she is advancing these arguments requesting pilots and other forms of delay mechanisms, because she does not want these measures to come to pass. I think that argument has been had and the situation now needs to be resolved, however, and I therefore urge her not to press her amendment to a Division. I am far more interested in the results we can achieve for our constituents and those offenders who desperately need the supervision they are currently not getting than I am in the political arguments.

[Sarah Champion (Rotherham) (Lab)]

Might not another reason for our pressing these amendments be accountability and wanting to see evidence?

[Sir Edward Garnier]

No doubt that might be one of the collateral reasons, but that does not undermine the point I am making, which is that we need to help these under 12-monthers as soon as possible. If we are to have further statutory brakes on the introduction of supervision, either through the national probation service or through the non-Government organisations—

--- Later in debate ---

[Sir Edward Garnier]

St Augustine. I am so glad for that correction. The Minister is multi-talented.

I do not think I need to pursue my argument. I have made the point I want to make, and I understand the points the hon. Member for Darlington has made and I disagree with them. I suggest we get on and permit the arrangements to be advanced as soon as possible. I say that not out of party political animus; I say it out of a desire to see something done, having spent five years in opposition between 2005 and just short of 2010 taking an intense interest in the way in which we ran our prison system, our criminal justice system and our rehabilitation system. I also say it as someone who has sat for 12 or so years as a Crown court recorder and who had to deal quite regularly with the results of failure, and I think the time has come to stop that.

[Sarah Champion]

May I begin by apologising as I will not be able to be present for the final winding-up speeches? I mean no disrespect, but I have an outstanding parliamentary engagement I just cannot get rid of. [Interruption.] Sorry; an engagement I cannot be excused from.

Every time I have been involved in proceedings on this Bill it is as though I have stepped into the twilight zone. I was on the Bill Committee and in the Opposition debate on this issue, and from what I am hearing today, the same thing keeps on happening and I do not understand why.

I support new clause 5 and the other new clauses to which I have added my name. We are asking for a full debate in Parliament about a major overhaul of the judicial system. The safeguard of new clause 1 was previously inserted in the Bill in the other place but was removed by the Government in Committee. I do not understand the logic for doing that.

The nub of this Bill—which is not actually included in its provisions—is that 70% of the probation service will be privatised. I do not understand the motivation for doing that. I hear the arguments and I hear a lot of myths about what Labour is saying and is not saying, but the two do not stack up and I am just not hearing the evidence for making the change.

[Gareth Johnson]

Does the hon. Lady not accept that a tendering-out process is vital if we are to assist short-term prisoners and that that cannot be achieved within existing budgets?

[Sarah Champion]

I hear that point and I have heard it made for months now, but I do not agree that that is the only way forward and I am yet to hear the evidence that tells me that it is the best way forward. I would like to develop that point.

As we are not being presented with evidence, the only conclusion I can reach is that the policy is driven by ideology rather than facts. This is not a subject we should be playing with. We need to have evidence and proof. Even a pilot would give us time—that breathing space and that evidence. That is why I support new clause 4. The proposal is being rushed through. The system is over 100 years old and it has served us well in that time; we have been debating the proposal for only the past six months.

I would like to set the record straight once again on Labour’s position. We are not in any way opposed to supporting offenders who have had sentences of under 12 months. We actually tried to bring that support through but were unable to do so. We are very supportive of that, but we question the one way that has been presented to us in which it should be done.

[Jeremy Wright]

The hon. Lady is right that the previous Labour Government set out exactly such an aspiration and she is right, too, that they came to the conclusion that they could not achieve it, but does she not accept that they came to that conclusion because they could not find a way of affording it? That is precisely why we have put forward these proposals—it is the only way we can see of affording that extra cost. So far, I have heard nothing to suggest that there is an alternative.

[Sarah Champion]

I support what the Minister says, but there are two points to make. First, we have not been presented with the costs, so we do not know whether it can be afforded. Secondly, I do not agree with the premise that that is the only way to go forward.

Although I would not choose it, we are not fundamentally opposed to commercial companies tendering for and running Government contracts, as long as they are proved to be the best provider. We are also not at any level against voluntary organisations being involved. Indeed, a number of such organisations are providing specialist services in Rotherham, and we want that to continue. I am sure that that is happening across the country. This is not an either/or situation.

I want to use this debate to challenge some of the Government’s reasons for this massive overhaul of our judicial system, in the hope that even just one person in the Chamber will listen to some of the evidence that we are putting forward and question the assumptions that are being made. The underlying assumption is that the existing system is not fit for purpose, yet the National Offender Management Service published a report in July 2012 that demonstrated that the quality of the probation service was either good or exceptional in every single probation trust. After the probation service as a whole won an award for excellence in 2011, the hon. Member for Reigate (Mr Blunt), who was Minister for prisons and probation at the time, said—

[Mr Burrowes]

The hon. Lady has attended the debates on this subject. She was here for the Opposition day debate and she served on the Bill Committee. Plainly, the focus of the Bill is the provision of rehabilitation for short-term offenders. Will she provide statistics on who is looking after those short-term offenders and on their reoffending rates? Is it really acceptable to defend the status quo?

[Sarah Champion]

I agree that it is unacceptable that those people are not getting support now. I would like to go further and start their rehabilitation in prison. I would like there to be a complete system, so that when people come out they will be able to engage much better in society and will not reoffend.

[Lorely Burt]

Will the hon. Lady give way?

[Sarah Champion]

I should just like to tell the House what the hon. Member for Reigate said. After the probation service as a whole won an award for excellence in 2011, he stated:

“This prestigious award recognises the professionalism of probation staff and the excellence of their work. This very public recognition of not just what they do but, perhaps more importantly, how well they do it, will be a source of pride for probation staff.”

The existing probation trusts are doing an excellent job, and that is being recognised. They are not broken.

[Lorely Burt]

I do not think that anyone in the House would dispute the fact that the probation service does an excellent job. However, during the last 10 years of the previous Government, the cost of running the service rose by 70%. The hon. Lady says that she does not disagree with the use of private providers or with the aims of the Bill. Can she explain how on earth it would be possible to realise those aims without taking these steps?

[Sarah Champion]

Unfortunately, I cannot explain that, because the plans have not been put before us. I am therefore unable to scrutinise them or to change them to the degree that I would like. I am supporting new clause 1 because I would like the House to be able to debate those matters, but we are not being given the opportunity to do so.

Another assumption that is being presented to us is that probation trusts are failing to reduce reoffending rates, yet reoffending rates are falling. The latest statistics published by the Ministry of Justice show that the probation service reduced reoffending by a further 5% below the target figure. This continues the downward trend in reoffending rates witnessed over recent years, and reoffending by all adult offenders in the community subject to probation supervision is now at its lowest since 2007-08. The probation service has achieved that while making the considerable budgetary savings asked of it. In South Yorkshire, the figures are even better, at 12.77% lower than the target figure.

Reoffending rates are important, but they are not the only criterion for success in this area. The probation service can also boast that victim feedback has been positive in 98% of cases; that targets for completions on domestic violence interventions, and for court report timeliness, have been met and exceeded; and that completion targets were also met or exceeded on the vast majority of probation programmes. The probation trusts are doing a superb job, and they should be allowed to continue to do so.

Another assumption that keeps being mentioned in the debate is that the only way in which supervision for people serving a sentence of under 12 months can be afforded is through privatisation. However, the proposals will necessitate the wholesale reorganisation of the probation service and a lengthy and complex national tendering and contracting process, all of which will require significant investment before we even get to the meat of doing the job. There is huge concern over the lack of information on the cost of the proposals. We have asked for that information, but it has not been presented. Despite the publication of several impact assessments, the Ministry of Justice has yet to set out the cost of the reforms and the way in which they will be funded. This is a fundamental point. If we are expected to take this leap in the dark, at least we should be chucked a lifeboat so that we can get into it.

The current budget for probation is approximately £800 million a year, suggesting a 10-year budget of £8 billion. The House of Commons Library has broadly estimated that the 10-year value of outsourced probation would be between £5 billion and £20 billion. That is in addition to the budget for the remaining public sector probation service. That suggests that a significant increase in costs is being predicted, contrary to Ministry of Justice claims that the reforms are a cost-saving initiative. In addition, there would be the unknown percentage resulting from performance-related pay.

Now it starts to get surreal—not that it was not already. The Government say that the probation service cannot tender because of the performance-related pay aspect, so why do they not just drop that element? The probation trusts have been saying all along that they would like the opportunity to support people serving short-term sentences. They are clearly the best trained and most skilled specialist people to do that work, but they are not even being allowed to tender for it. I find it incredibly challenging that the main stumbling block to retaining the status quo in that area is that the Government will not drop the performance-related pay element.

I support new clauses 5 and 11, but other people want to speak so I shall not say any more about the companies that are tendering for the work. Nor will I go into the whole data protection issue that will result from state, private and voluntary organisations sharing information. My hon. Friend the Member for Darlington (Jenny Chapman) has already mentioned the logistics of reorganisation and the risks incurred during a transition period. Those risks are enormous. We are not talking about people not getting paid for a week. We are talking about people being out in the community without the necessary supervision, and the potential for the data to collapse around them so that we would not even know where they were.

In conclusion, new clause 1 would prevent the Government from being able to sell off or restructure the probation service unless their proposals had first been laid before, and approved by, both Houses of Parliament. The Government have not given Parliament any opportunity to scrutinise their plans to privatise probation, claiming instead that they can use existing legislation to push the plans through. The only time we have debated this topic is during Opposition day debates. That cannot be democratic. The way in which this has been handled has shaken me to the core.

[Jeremy Wright]

Of course democratic accountability is important. The hon. Lady has mentioned the opportunities the House has had to debate these matters. She has mentioned the Opposition day debate, in which there was a vote and the House voted against her point of view. She has also mentioned the Second Reading debate, after which the House voted against her point of view. She was also in the Committee, where the Committee voted against her point of view. How much more democracy does she need?

[Sarah Champion]

Again, it would be nice to have the evidence; instead, we are debating in the dark. I find it shocking that we had to raise the issue in an Opposition day debate, rather than the Government presenting their findings to us.

For me, it is right and proper that this House should debate the privatisation of 70% of probation services; the fragmentation of the resulting services; the abolition of local probation trusts; the commissioning of services direct from Westminster; and the imposition of an untried, untested payment-by-results model. Instead, the Government are pushing ahead with their half-baked plans for probation privatisation by misusing existing legislation and avoiding parliamentary scrutiny. I can only assume that that decision is driven by political ideology, but this proposal will put the public at risk.

The chairs of the probation trusts of Derbyshire, Leicestershire and Warwickshire have written to the Minister to warn him of the dire consequences of rushing this reform through. Those experts say that

“performance is bound to be damaged and that public protection failures will inevitably increase”.

They go on to say that the fragmentation proposed by this Government would lead to

“more systemic risks and more preventable serious attacks and deaths”

and that the current timetable was

“unrealistic and unreasonable...with serious implications for service delivery and therefore increases the risk to public”.

I urge the Minister to listen to the people who know and understand the service best, and to support our proposal in new clause 1.

[John Pugh]

I rise to speak in support of new clause 4. The hon. Member for Rotherham (Sarah Champion) mentioned ideology. It might surprise her to learn that I am a great fan of ideology; I think that people should have clear political beliefs. There is at least one clear ideology on public services, which states that government services are best delivered not by a Government agency but by private bidders trying to satisfy the Government. There is a general view that Government agencies are necessarily incompetent, inflexible or naturally the prisoner of Government employees and unions, and that outsourcing is always the best and first option.

Oral Answers to Questions

Sarah Champion Excerpts

Tuesday 12th November 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

This is an ongoing matter, and we are looking into it. I am happy to take on any comments that the hon. Gentleman might have, and I will look into it.

[Sarah Champion (Rotherham) (Lab)]

South Yorkshire probation trust has reduced its reoffending rate by 13.4% over its target, and it attributes that in part to its use of impact teams. However, privatisation is likely to blow apart that collaborative working. Why are the Government pushing ahead with that plan?

Probation Service

Sarah Champion Excerpts

Wednesday 30th October 2013 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

Our probation service comprises 35 trusts, staffed by incredibly dedicated, hard-working probation officers, all of whom are extremely concerned about the Government’s proposals. The National Offender Management Service published a report in July this year that demonstrated that the quality of the service was either “good” or “exceptional” in every single probation trust. I am proud to say that the facilities in Rotherham won an award for excellence.

Reoffending rates are not the only criterion for measuring the successes of the probation service. Victim feedback has been positive in 98% of cases. Targets for completions on domestic violence interventions, and for court report timeliness, have been exceeded, and completion targets were also met or exceeded on the vast majority of probation programmes. Moreover, the service has managed to achieve all this while making the considerable budgetary savings expected of it. Given that record, I find it astonishing that the Secretary of State is planning to scrap the trusts in a few months and to replace them with an entirely different system, most of which will be run by the private sector. In an echo of the disastrous Work programme, the Secretary of State intends to impose an untried, untested payment-by-results model on the probation service. These reforms are flawed, rushed and ill-conceived.

I want to focus on three issues. First, the proposals will allow cherry-picking by the private sector and will lead to a downgrading of the quality of support that medium and low-risk offenders get. As the National Audit Office has put it, the proposals

“could encourage providers to concentrate their efforts on the offenders least likely to reoffend and prevent them from working with the most prolific offenders”.

Part of the success of the probation service in reducing reoffending has been its use of more targeted interventions. A good example is how interventions for women are handled. These work well because they are small, local and holistic; they look at each woman as an individual with her own problems and needs, rather than as just another offender. Under the proposals, this type of niche service is likely to be lost altogether as the links between large, prime contractors and smaller local providers either break down over time or do not emerge at all. Crucially, those tailored services are simply more expensive. The proposed changes mean that it will become the probation provider, rather than the court, that decides the activities the offender should undertake. Through commercial necessity, providers are likely to prioritise the cheapest solution, rather than the best.

Secondly, let me turn to the issue of exactly what sort of company might tender to run the new community rehabilitation companies. In July this year, the Secretary of State announced that internal findings in his Department had revealed a

“significant anomaly in the billing practices”

of Serco and G4S. That anomaly amounted to tens of millions of pounds of taxpayers’ money being mis-spent. Those practices have rightly been referred to the Serious Fraud Office, and the Department has also arranged a further, more detailed, audit of the companies’ activities. The results of the SFO investigation are not expected for several months, but I understand that those firms have not been ruled out of the bidding process, and that the pre-qualification questionnaire deadline has been delayed to give them a chance to tender.

Finally, I understand that senior staff in the probation trusts have been formally “reminded” that they have a duty to carry out the will of the Secretary of State. Nevertheless, we learned this week that the chairs of the probation trusts of Derbyshire, Leicestershire and Warwickshire had written to the Secretary of State warning of the dire consequences of rushing this reform through. We need to listen to the people who know and understand the service best. Those experts say that

“performance is bound to be damaged and that public protection failures will inevitably increase”.

They go on to say that the current timetable was

“unrealistic and unreasonable...with serious implications for service delivery and therefore increases the risk to public”.

In summary, the probation service of 35 trusts ain’t broke, and the privatisation should not be going ahead.

Child Protection

Sarah Champion Excerpts

Thursday 12th September 2013 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

I start by echoing everything my colleagues on both sides of the House have said and hope that the Government will listen to our recommendations, because there is so much agreement on the themes that have been discussed and the changes that need to be made.

I am hugely proud to be the MP for Rotherham. The town has an esteemed industrial history, a strong sense of community and many reasons to proclaim its civic pride. We have a multitude of success stories in manufacturing and small business, as well as three leading further education colleges. However, for some time a shadow has been cast across the town in the form of persistent allegations of failures by key institutions to protect our children. The allegations have been coupled with prosecutions for child sexual exploitation in the town.

The term “child sexual exploitation” is used to cover a broad range of illegal activity, from seemingly consensual relationships or informal exchanges of sex for attention, gifts or cigarettes through to very serious organised crime. Young people can be subject to physical and sexual violence and can be put at risk of unwanted pregnancy and sexually transmitted diseases. Their families can suffer threats, violence and significant psychological distress, disruption and even fragmentation.

Peer-on-peer child sexual exploitation happens too and can take various forms. For example, young people are sometimes used to “recruit” others by inviting them to parties where they will then be introduced to adults or forced to perform sexual acts on adults. Technology can also play a significant role, with young people being cajoled into using mobile technology as a way of distributing images of abuse.

It is vital to understand that both perpetrators and victims can come from a variety of ethnic and cultural backgrounds. Child sexual exploitation is not a crime restricted to British Pakistani males or white British girls, despite the media coverage of high-profile cases. Indeed, recent findings have highlighted the fact that girls of Asian origin are frequently the subjects of this heinous crime themselves.

There is also a perception that child sexual exploitation only affects children in care. Looked-after children do account for a disproportionate number of the victims of sexual exploitation and can be particularly vulnerable. An estimated 20% to 25% of victims are looked-after children, with only 1% of the child population being in care. However, the majority of children who are exploited are still living at home when it happens.

Another false perception is that it only affects young women. In truth, boys and young men are also targeted. The full extent is not known as boys, in particular, are highly reluctant to come forward. Nevertheless, one in 10 of the young people receiving support from Barnardo’s for this crime are boys, and in some services the proportion is significantly higher.

It is also important to acknowledge that women can be perpetrators of this crime. For example, in a case currently being tried in Sheffield the alleged gang leader is a woman. Although such examples are rare, it is more common that female involvement is in facilitating the abuse. The inquiry led by the Office of the Children’s Commissioner found that when women and girls were identified as perpetrators, their role was primarily, although not exclusively, to procure victims. The sad and hidden truth behind such activity is that there is often a cycle of abuse at work, with many of those women and girls having been sexually exploited themselves.

There are no reliable figures for the total number of children experiencing sexual exploitation. The collection of data is a huge issue and there is no standardised system for data collection, something on which the Home Affairs Committee has made several recommendations. However, child sexual exploitation is being unearthed wherever it is being investigated. Further work by the Government is required to determine the full extent of the problem. In addition, the importance of all agencies sharing information in the interests of child safeguarding must be addressed. Currently, children are vulnerable because information is not always shared between them. We must move away from the excuse of confidentiality when it comes to protecting children. A child’s safety must be the priority.

Much has been written in the press about how Rotherham is not doing enough to protect its young people from this horrendous crime. I can assure the House that since being elected I have worked closely with South Yorkshire police and Rotherham metropolitan borough council to find out whether our young people are getting the protection they deserve. It is totally inaccurate to say that Rotherham is doing nothing to prevent this crime and prosecute abusers. Although more can always be done, and by the council’s own admission it has not handled historical cases well, I now believe that there is a commitment and drive by the services in Rotherham to protect every child, and I welcome the fact that the council has commissioned an independent inquiry.

[Lisa Nandy]

I am grateful to my hon. Friend for giving way despite the short time available. I just want to reflect on the fact that sometimes it is the areas that have experienced these horrific crimes that are getting to grips with the problem and becoming leaders in dealing with it. Perhaps a lesson for the House and for Ministers is that we need to look closely at those areas where such awful cases have not come to light and ensure that they are doing the same things that my hon. Friend talks about in relation to her constituency.

[Sarah Champion]

I appreciate my hon. Friend making that case. As I have mentioned, wherever we look we find such crimes, but a lot of people are not looking, and that is my worry.

It is important that services are open to external scrutiny and are accountable to the people they serve. From my research, it seems clear that the only way to tackle child sexual exploitation is by services working collaboratively. The key focus must be on preventing, protecting and pursuing: preventing young people from becoming a victim; protecting those who show signs of being at risk of becoming a victim; and pursuing those who commit such horrific crimes. Realistically, local authorities, the police, the voluntary sector and health and education services all need to share their experience, data and resources if they are effectively to tackle and prevent this crime.

Rotherham works collaboratively. Its child sexual exploitation service includes specialist child abuse police officers, social workers, specialist health workers, parents, youth workers and voluntary sector representatives. Its aim is to reduce sexual exploitation through deterrence and prosecution, and it significantly enhances the effectiveness of all agencies through joint information sharing, planning of assessments and investigations. I am pleased that Rotherham has adopted that working method but extremely concerned that it is not a requirement across the country. The current situation means that whether a local area has a good support team is genuinely a postcode lottery. That is not good enough, because it means that children are being put at risk unnecessarily. I urge the Government to make multi-agency safeguarding hubs a requirement in every area.

I have spoken about data collection, collaborative working and statutory requirements, but what this debate is really about is children and young people being abused. The effect of sexual exploitation on a child or young person can be long term and highly damaging. It can lead to difficulties in making and sustaining relationships with others, feelings of worthlessness and shame, loss of confidence and low self-esteem. It is essential that we always remember the victims of these crimes and do all that we can to support them. These are young people whose childhood has been stolen from them, and their future, if handled incorrectly, could be damaged too.

We need to ensure that the process of addressing the crime does not become another form of abuse. I was horrified to find out that a Rotherham victim had been on the stand for seven weeks during the court process. That is unimaginable to me, and it should never be allowed to happen. The victims should automatically be given counselling and as much support as they require. Indeed, I would extend that to ensure that the whole family received support, as the damage caused by this crime can spread widely.

On a personal level, I am interested in determining whether existing legislation is appropriate for tackling the crime, and I will be working with Barnardo’s on this topic in the coming months. I am also supporting the campaign led by Paula Barrow and assisted by the @Mandatenow coalition calling for a “Daniel’s law”, which would make it mandatory for professionals working with children to report signs of possible abuse. As my colleagues have mentioned, four-year-old Daniel Pelka was starved and beaten over a period of months before his death. Staff, teaching assistants and others at his school observed his desperate attempts to forage for food, his severe weight loss and the numerous bruises and injuries he suffered. There is currently no legal requirement for anyone working with children in the UK to report suspected or known abuse either to the appropriate local authority officer or to the police. Without such a law in place to support staff and protect children, effective safeguarding will never be achieved. However, this is not only the responsibility of professionals. Local communities play an essential part in identifying not only those at risk but those who have the potential to commit these crimes. We all have a duty of care to be diligent and to report suspicious behaviour to the police. Unless we do so, this vile crime will continue unchecked.

Protecting Children Online

Sarah Champion Excerpts

Wednesday 12th June 2013 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

On Monday the Home Affairs Committee launched its report on child sexual exploitation and grooming. Rotherham is one of the areas that figures in that report, due to its historic failings in tackling that vile crime. Since my election six months ago, I have made it my mission to ensure that we do not let Rotherham children, and indeed all children, down like that again. Rotherham council and South Yorkshire police are now working collaboratively with the national charity Barnardo’s and local charities SAFE@LAST and GROW. Together they will implement preventive measures and investigate and prosecute abusers.

Since January there have been 34 investigations into child sexual exploitation. Seven offenders are now being prosecuted and there are four major ongoing operations. I assure you, Madam Deputy Speaker, and this House that I will be watching like a hawk to make sure that the authorities continue to protect our children. However, child sexual exploitation has been steadily increasing in the UK. Barnardo’s, which runs 24 sexual exploitation services across the country, saw a 22% increase in the numbers of sexually exploited children in 2011-12. The internet has been used in the majority of those cases.

The dramatic rise in the use of communications technology and the development of new forms of social interaction online have hugely complicated child protection in Britain. Social media have greatly increased the ability of gangs and individuals to target vulnerable children. Children naively share a great deal of information online and are often unaware of the risks in doing so, or of the security measures that are there to protect them. Abusers have always been able to identify vulnerable children, but social media and mobile phones now make it easy for them to make contact with them.

Technology has left parents with an extremely difficult task in monitoring their children’s interactions and recognising potentially dangerous situations. Children and parents must be better educated as to the risks of online communications and the safeguards that are currently available. I recognise the comments of the hon. Member for Devizes (Claire Perry), which others have echoed, but I still urge the House to support our proposal to have safe search as the default option on computers and search engines. Filters already exist to screen out harmful material, but 54% of parents whose children use the internet at home have no parental controls installed on their devices. Making filters the factory setting removes this risk, and parents have the option to opt out of the system if they see fit.

Social media have increasingly exposed ever-younger children to sexualised material. Some 24% of nine to 16-year-olds in the UK say that they have seen sexual images in the past 12 months, online or offline. A number of services have linked exposure to overtly sexual content via the internet with children displaying inappropriately sexual behaviour. Such behaviour has been highlighted as contributing to greater vulnerability of increasingly young children. I do not believe in censoring the internet, but it is important that children are protected from inappropriate content.

In the past, increased sexual behaviour among children has led to a perception that they are somehow complicit in their abuse. Regrettably, this has frequently been an obstacle to proper safeguarding measures being taken. Equally horrifyingly, the child’s sexual awareness has been successfully used in courts to enable abusers to get a lesser sentence. Work is being done to tackle this attitude among authorities and police forces, but it is imperative that proper training is provided to staff to ensure that they take all cases seriously and recognise the need to protect children, regardless of the child’s own attitude or behaviour.

Technology is, by its nature, evolving. Agencies face an extremely complex task in keeping up with developments and ensuring that procedures are adequate and that staff are well trained to meet existing and developing challenges. The complexity of these challenges has demonstrated the need for better co-ordinated operations. Agencies must ensure that there is a free flow of information between them because in the past it has proved too easy for vulnerable children to fall through the gaps due to poor communication. Levels of co-ordination vary widely throughout the country, and that should not be allowed.

While child protection must always be the primary focus, prosecution must not be allowed to become an ancillary concern. I recognise that prosecutions in these cases can be extremely difficult, but without a proper deterrent the risk of child abuse will continue to rise. We must ensure that the law is fit for purpose. New forms of abuse and grooming, especially online, might not always fall under existing laws. It is our duty to provide our police and child protection officers with the tools they require to ensure that vulnerable children are protected and offenders are prosecuted.

A number of recent cases, including in my own constituency, have highlighted the need for further action to tackle child abuse. Good work is being done to ensure that children are protected, but I stress that more needs to be done to meet the demands of a complex and fast-changing problem. We must ensure that vulnerable children are not failed.