• The principle that custody should only ever be used as a last resort for children is enshrined in domestic law and international human rights conventions, but is not currently applied as such.
• As the number of children in custody has declined over the past decade, the overrepresentation of Black, Asian and Minority Ethnic (BAME) children has worsened, such that 2019 saw more BAME children in custody than white children for the first time.
• This paper sets out proposals for new legislation to ensure that custody for children is only ever used as a genuine last resort.
• Distinct and tightened legal restrictions would apply more equitably to all children and minimise the influence of a range of biases, that can see disproportionately negative outcomes for BAME children and those in local authority care.
• The suggested legislative criteria would ensure that custody is only available for the most serious crimes, where the child poses a serious and continuing risk to the public, and where there is genuinely no way of managing that risk in the community.

These proposals would be a vital tool in stemming the flow of children who are sentenced and remanded to custody. The report has been submitted to the Justice Select Committee as part of its inquiries into youth justice.

Read the report here.

Our response covers a range of topics including custody as a last resort; Black Asian and Minority Ethnic (BAME) children in custody; the harm of the secure estate; staffing; restraint; placements; and resettlement.

Read our full response here.

“The Chief Inspector of Prisons’ finding that not a single prison is safe to hold children is a damning indictment of the current system. The appalling conditions in Young Offender Institutions (YOIs) and Secure Training Centres (STCs) are a national scandal. The Chief Inspector has said that the situation will end in tragedy if nothing is done; we urge the Government to take urgent action to tackle this crisis before it is too late.

Today’s report confirms that YOIs and STCs are unsafe for children. As a matter of urgency, the government must implement its plans to increase resources in YOIs. Alongside, we urge the government to keep true to its endorsement of the Taylor Review’s vision of abolishing YOIs and STCs and publish its timetable for doing so immediately. A comprehensive plan for secure schools must now also be outlined, which learns the lessons from reports of existing institutions, particularly that YOIs and STCs are simply too large to hold children safely.”