Question to the Department for Education:

To ask the Secretary of State for Education, whether she has made an assessment of the potential implications for her policies of the report by Barnardo's entitled Double discrimination: Black care-experienced young adults navigating the criminal justice system, published in September 2023.

The department recognises that children in care are more likely than their peers in the general population to have contact with the criminal justice system. In 2018, the department published a joint national protocol with the Home Office and the Ministry of Justice (MoJ) on reducing the unnecessary criminalisation of looked after children and care leavers, which is available here: https://www.gov.uk/government/publications/national-protocol-on-reducing-criminalisation-of-looked-after-children. Since the publication of the protocol, the proportion of children in care aged 10 to 17 who are charged with an offence or receive a caution has reduced from 3% in 2019 to 2% in 2023. The latest data for the year ending in March 2023 also shows that 3% of care leavers age 19 to 21 were in custody. This figure has remained the same for the last 5 years.

The department is also taking action on risk factors that can lead to criminal behaviour, including through its work to improve school attendance.

Through the care leaver Ministerial Board, the department is working closely with MoJ to improve the support for and outcomes of care-experienced people in the criminal justice system.

MoJ is currently updating its strategy for people with care experience in the criminal justice system, to ensure that their time in the criminal justice system is used to support them to lead crime-free lives. The strategy will include a focus on race and its role in shaping the experiences and outcomes of those with care experience and will link to wider departmental efforts to address racial disproportionality in the criminal justice system. The MoJ are aiming to publish this strategy in 2024.