Complaints from young people in custody are relatively few, but
can touch on important issues such as segregation and the use of
force, said Prisons and Probation Ombudsman (PPO) Nigel Newcomen.
Today he published a bulletin on lessons that can be learned from
his investigations.
The bulletin draws on recommendations from investigations into
complaints from young people (aged under 21) in custody, whether
a secure training centre (STC) or a young offender institution
(YOI). It identifies eight lessons from past investigations and
focuses on three aspects of the management of young people in
custody: adjudications, use of force and segregation.
The PPO receives a disproportionately small number of complaints
from those under 21. In June 2016, there were 5,349 young people
under 21 years old in custody, 6% of the population. But between
April 2011 and September 2016, only 278 complaints were made by
this group, accounting for just 1% of all complaints to the PPO.
A number of cases examined were submitted on behalf of young
people by third parties such as Barnardo’s and the Howard League.
Complaints about property make up the largest category of
complaints to the PPO from both those over and under 21. However,
complaints from young people include a higher proportion of
complaints about staff behaviour, home detention curfew and
adjudications.
Adjudications are the internal disciplinary hearings conducted in
YOIs when a young person is charged with breaking the YOI rules.
They are essentially designed for adult prisoners and can be
confusing and intimidating for young people. If a young person is
found guilty at an adjudication hearing, various punishments may
be imposed. The PPO considers complaints to ensure the
adjudicator followed the proper procedures, conducted a fair
hearing and imposed a proportionate punishment. It is important
that young people have support if they need it to understand the
process and charge against them.
Young people in custody can be extremely challenging to manage.
There has been an increase in the number of assaults on staff in
young people’s establishments and the 18-21 prison population has
also seen a rise in recorded violence. The National Offender
Management Service (NOMS) developed a new behaviour management
and restraint system, Minimising and Managing Physical Restraint
(MMPR), which aims to encourage de-escalation and minimise the
use of restraint. Use of force on young people must always be a
last resort. There are no completely safe restraint methods and
even approved techniques can be applied incorrectly. Between
April 2011 and October 2016, the PPO upheld seven complaints
about the use of force and recommended disciplinary action
against staff in two cases.
Staff have to manage occasionally challenging behaviour by young
people but sometimes a range of separating and segregating
procedures are used, the combined effect of which can be
unnecessarily oppressive. Those under 18 may not be segregated as
a punishment, but may receive a punishment of removal from unit
(RFU). While subject to RFU, the young person must take part in
normal compulsory regime activities, including work, education,
PE and training with other young people but will be held
separately for the remaining time. Adjudicators must ensure that
RFU does not become segregation under another name.
The bulletin highlights the following lessons to be
learned:
- young people facing an adjudication should be encouraged to
seek advice from an advocate, and this should be recorded in the
Record of Hearing;
- when force is used, staff must use the correct techniques and
camera footage should be used to review incidents and identify
concerns;
- where body-worn video cameras are available, they should be
used to record spontaneous incidents where force is used;
- any use of force is likely to be distressing for young people
and it is essential that a face to face de-brief takes place
afterwards;
- local investigations into the use of force should focus on
whether it was reasonable, necessary and proportionate;
- the segregation of a young person must always be accompanied
by a strategy of intervention to support the young person;
- local policies on segregation, incentives and earned
privileges and behaviour management must be clear and consistent;
and
- when young people are subject to regime restrictions as a
result of challenging behaviour, time out of cell, association,
privileges and access to purposeful activities should be recorded
in a single document to ensure that young people are not
effectively segregated without due process.
Nigel Newcomen said:
“My office receives a disproportionately small number of
complaints from those aged under 21. Despite their small number,
complaints from young people include some serious allegations
about their treatment. As a result, these investigations have
identified some important lessons which, if implemented, could
ensure safer and fairer treatment, and the appropriate tailoring
of some adult custodial procedures so that they are more suitable
for young people.”
- ENDS -
NOTES TO EDITORS
- A copy of the report can be found on our website from 21
February 2017. Visit www.ppo.gov.uk.
- The PPO investigates all deaths in prison, to examine
the circumstances surrounding the death and establish whether
anything can be done to help prevent avoidable deaths in the
future. The PPO investigates complaints made by prisoners to
understand what happened and correct injustices when found.
- A previous publication by the PPO, Learning From PPO
Investigations: Why Do Women and Young People In Custody Not Make
Formal Complaints? published in 2015, can be
found here.
