1) Child imprisonment is highly controversial, as research shows imprisoned children often come from disadvantaged backgrounds and experience abuse, poor mental health, and lack of support. 2) Inspections of several youth prisons in recent years found that children spent extremely long periods confined to their cells, sometimes over 23 hours per day, limiting their access to education, exercise, and time out of cell. 3) The use of restraint techniques that deliberately inflict pain on imprisoned children has been condemned by multiple authorities and experts, but inspections found such techniques were still frequently used in youth prisons in the UK.

1. The Controversies of Child Imprisonment:
Messages from Research
Thursday 10th December 2015

2. Professor Philip Brown
Making Research Count
at The University of Salford

3. • National initiative across ten universities in England
• A knowledge broker
• Bringing together academics, practitioners, carers and users to
facilitate the dissemination of social care research and theory
• The University of Salford is the regional hub for MRC in Greater
Manchester
• Support the learning needs of a range of organisations in the sub-
region
Making Research Count (MRC)

4. Jameel Hadi, University of Salford
Welcome

5. Carolyne Willow
‘The rule of optimism and child prisons:
why we must decide enough is enough’

6. CAROLYNE WILLOW
THE CONTROVERSIES OF CHILD IMPRISONMENT
UNIVERSITY OF SALFORD
10 DECEMBER 2015
The rule of optimism and child
prisons: why we must decide
enough is enough

7. 10 December 1948
Childhood ‘entitled to special care
and protection’
Article 25(2), Universal Declaration
of Human Rights
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67

8. Getting it right for
children in need
‘… succumbing to that optimism bias can mean that the
children - who are always our first concern - can be left at
risk and in danger when we need to intervene to rescue
them from an abusive environment just as determinedly as
we would seek to rescue them from the scene of any natural
disaster.’
Michael Gove, NSPCC, London, 12 November 2013
THE CONTROVERSIES OF CHILD IMPRISONMENT 8

9. Rule of optimism
‘The liberal compromise, that the family will be held open
for inspection provided that the State undertakes to make
the best of what its agents find…’
Dingwall, R., Eekelaar, J. & Murray, T. (1983) The protection of
children, Basil Blackwell
THE CONTROVERSIES OF CHILD IMPRISONMENT 9

10. Rule of optimism in practice
‘A frequent lesson from the [147 serious case] reviews is that
practitioners had been affected by what is known as the ‘rule
of optimism’… In these conditions, workers focus on adults’
strengths, rationalise evidence to the contrary and interpret
data in the light of this optimistic view.’
Ofsted (2010) Learning lessons from serious case reviews 2009-2010
THE CONTROVERSIES OF CHILD IMPRISONMENT 10

11. Children who are locked up
Characteristic %
Belongs to a minority ethnic group 41
Has a disability 19
Been in local authority care 33
Emotional or mental health problems 23
Aged 14 or younger when last at school 38
Ever excluded from school 88
HM Inspectorate of Prisons & Youth Justice Board (2014) Children in custody
2013–14. An analysis of 12–18-year-olds’ perceptions of their experiences in
secure training centres and young offender institutions
THE CONTROVERSIES OF CHILD IMPRISONMENT 11

12. Children who are locked up
Characteristic Custody % All children %
Abuse in the family 39 16
Living in care 27 0.6
Ever run away 47 11
Death of parent and/or sibling 12 4
Jacobson, J., Bhardwa, B., Gyateng, T., Hunter, G. & Hough, M. (2010)
Punishing disadvantage. A profile of children in custody, Prison Reform Trust
THE CONTROVERSIES OF CHILD IMPRISONMENT 12

13. Child kicked in calf
‘Documentation did not always show justification for the
use of force, particularly in response to non-compliance. In
one incident, a boy was restrained for refusing to leave a
room after an ACCT review. Force was instigated quickly and
escalated to the infliction of pain by an officer kicking a boy
in the calf with his heel.’
HM Inspectorate of Prisons (2015) Report on an unannounced
inspection of HMYOI Cookham Wood
ACCT = Assessment, Care in Custody and Teamwork
(self-harm and suicide prevention)
THE CONTROVERSIES OF CHILD IMPRISONMENT 13

14. Child’s nose broken
‘[The boy] complained about an incident during which a
‘nose distraction technique’ had been used. This had led to
his nose being broken. [The child] said he had been
misbehaving with others during an education session and
three officers had asked him to return to his cell. The officers
accompanied him, one on either side and one behind. [The
child] alleged that one of the members of staff prodded him
in the back several times. He said that, when he turned to
protest, one officer held his nose and face, pushing his head
to the floor, while the others held his arms and legs. [The
child] described this as an extremely painful experience.’
Prisons and Probation Ombudsman (2010) Annual report
THE CONTROVERSIES OF CHILD IMPRISONMENT 14

15. Confined to cells: latest
inspections
Feltham young offender institution
180 boys at time of inspection; inspection undertaken July-August 2015
‘The average amount of time boys had out of their cell had reduced
since the last inspection and averaged just 5.5 hours on week days and
4.35 hours at weekends … CQC [Care Quality Commission] colleagues
were shocked by how little outside exercise the boys had – 30 minutes a
day or less – and the detrimental impact this was likely to have on the
health of the adolescent boys.’
‘We remained very concerned that at least eight boys said that they
were too frightened of other boys to leave their cells. They had no access
to a structured regime and remained locked in their cells for on average,
23 hours a day.’
THE CONTROVERSIES OF CHILD IMPRISONMENT 15

16. Confined to cells: latest
inspections
Cookham Wood young offender institution
135 boys at time of inspection; inspection undertaken May 2015
‘In principle, a boy who was fully occupied could experience about nine
hours out of cell a day, while those with no activity had only two hours.
The establishment reported an average of five hours out of cell, which
was low.’
‘Access to daily exercise was limited to 30 minutes and exercise was
cancelled in inclement weather. Exercise yards had seats but were
otherwise stark.’
THE CONTROVERSIES OF CHILD IMPRISONMENT 16

17. Confined to cells: latest
inspections
Wetherby young offender institution
204 boys at time of inspection; inspection undertaken January 2015
‘We calculated that most boys had just over seven hours out of cell
Monday to Friday and about six hours at the weekend.’
‘We estimated that at the time of the inspection, about a quarter of the
mainstream population were on some form of regime restriction. Some,
who had been excluded from work and education, received as little as an
hour a day unlocked from their cells.’
THE CONTROVERSIES OF CHILD IMPRISONMENT 17

18. Confined to cells: latest
inspections
Werrington young offender institution
104 boys held at time of inspection; inspection undertaken September
2014
‘Over the previous six months, the establishment had recorded an
average of 7.1 hours out of cell, significantly less than our expectations.
We estimated that most boys received about eight hours.’
‘We spoke to two boys who rarely left their cells because they were
afraid of other boys… Although we were confident that these boys were
being supported by staff they still felt unable to participate in the regime
and alternative arrangements should have been made.’
THE CONTROVERSIES OF CHILD IMPRISONMENT 18

19. Confined to cells: latest
inspections
Parc young offender institution
50 boys held at time of inspection; inspection undertaken April-May
2014
‘The amount of time all children spent out of their cells was very good
and better than we usually find. The average was 10.5 hours on
weekdays and nine hours at weekends.’
‘Although children had exercise periods every day, access to outside
areas was generally restricted to small exercise yards which were stark
and cramped.’
THE CONTROVERSIES OF CHILD IMPRISONMENT 19

20. THE CONTROVERSIES OF CHILD IMPRISONMENT 20
‘There is no place for this in
our society.’
Theresa May, 18 December 2014

21. Segregation units
‘Over a quarter of boys reported having spent a night in a
segregation unit, where conditions remained mostly poor.
Some remained in segregation for far too long – 133 days in
one case at Cookham Wood… At Feltham special
accommodation (in essence an empty cell) had been used
several times with no clear or justifiable reasons for its use
recorded.’
HM Inspectorate of Prisons (2015) Annual report
THE CONTROVERSIES OF CHILD IMPRISONMENT 21

22. Child’s account of segregation
‘It was a lot of emotions going through my head at once
really, I was upset, angry. I’ve gone from being out of my
pad all day to being isolated, well locked up really for three
days straight so there was a lot of emotions going through
my head. I didn’t really know what was going on. I was up
and down I was angry smashing up my pad and stuff like
that. I ended up tying something round my neck and
dropped to the ground.’
Associate Development Solutions (2015) Isolation and solitary
confinement of children in the English youth justice secure
estate. Office of Children’s Commissioner for England
THE CONTROVERSIES OF CHILD IMPRISONMENT 22

23. Joseph Scholes
‘I was told he was put in a safe cell, so it's again, it's this use
of language … they should've said, “Yvonne, he's in a cell,
he's stripped naked, he's got a horse blanket-like garment
on, fastened with Velcro. It's filthy and squalid, I mean, the
window's about two or three inches deep in dirt between
the pane and the bars and the outer pane. He's on a
concrete plinth with a thin plastic mat”, that would've been
the truth, but instead I was told he would come to no harm,
he's in a safe cell, he's in safe clothing.’
Willow, C. (2015) Children behind bars. Why the abuse of child
imprisonment must end, Policy Press
THE CONTROVERSIES OF CHILD IMPRISONMENT 23

24. Cruel, inhuman or degrading
treatment
‘the Special Rapporteur holds the view that the imposition
of solitary confinement, of any duration, on juveniles is
cruel, inhuman or degrading treatment and violates article
7 of the International Covenant on Civil and Political Rights
and article 16 of the Convention against Torture.’
UN Human Rights Council Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment, 5 August 2011
Solitary confinement = physical and social isolation of individuals who are confined to
their cells for 22 to 24 hours a day.
THE CONTROVERSIES OF CHILD IMPRISONMENT 24

25. Jake Hardy
‘…mum thay kepet giving me shit I told the staff and thay
did not do no think a bout the problem. So mum if you are
reading this I not alive cos I can not cope in prison people
giving me shit evan staff …’
THE CONTROVERSIES OF CHILD IMPRISONMENT 25

26. Adam Rickwood
THE CONTROVERSIES OF CHILD IMPRISONMENT 26
‘There was no right to hurt such a child in these
circumstances.’
Mr. Justice Blake, [2009] EWHC (76) Admin

27. Review of MMPR
‘Restraint policy agreed by ministers states that staff should
only use pain as a last resort to prevent an immediate risk of
serious physical harm, but we found that pain-inducing
techniques were used frequently in YOIs, and that in most
cases staff were not compliant with this requirement.’
Her Majesty’s Inspectorate of Prisons (2015) Behaviour management
and restraint of children in custody. A review of the early
implementation of MMPR by HM Inspectorate of Prisons
MMPR = Minimising and Managing Physical Restraint
THE CONTROVERSIES OF CHILD IMPRISONMENT 27

28. Infliction of pain as restraint
‘Pain compliance and the infliction of pain is not acceptable and
may be unlawful.’
Berriew, A. (2006) An independent inquiry into the use of physical restraint, solitary
confinement and forcible strip searching of children in prisons, secure training centres
and local authorities secure children's homes, Howard League for Penal Reform
‘There can be no justification for [restraint] practices which
involve the deliberate infliction of pain…and we therefore
recommend their abolition without delay.’
Joint Committee on Human Rights (2008) The use of restraint in secure training centres
‘[The UK should] discontinue the use in juvenile establishments of
manual restraint based upon pain compliant methods.’
European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (2009) Report to the government of the United Kingdom
THE CONTROVERSIES OF CHILD IMPRISONMENT 28

29. Infliction of pain as restraint
‘[The UK should] ban the use of any technique designed to inflict
pain on children.’
UN Committee Against Torture (2013) Concluding observations on the fifth periodic
report of the United Kingdom
‘[P]ain should never be deliberately inflicted in order to restrain a
child.’
UK Children’s Commissioners (2015) Report of the UK Children’s Commissioners. UN
Committee on the Rights of the Child examination of the fifth periodic report of the
United Kingdom of Great Britain and Northern Ireland
THE CONTROVERSIES OF CHILD IMPRISONMENT 29

30. Use of pain in other contexts
‘The hell started on the day I walked into the place. I had
just left home and was naturally upset. I was quiet and
tearful. Although I must have been there for a long time it
just seemed like minutes later that they got hold of me.
Accusing me of chucking out angry feelings, of hating my
mother and sisters. When I tried to explain that I missed my
mother they trapped me between their legs and dug their
fingers into my ribs and made me scream and cry out in
pain.’
Kirkwood, A. (1993) The Leicestershire Inquiry 1992. The report of an
inquiry into aspects of the management of children’s homes in
Leicestershire between 1973 and 1986, Leicestershire County Council
THE CONTROVERSIES OF CHILD IMPRISONMENT 30

31. Strip-searching under restraint
‘When they got me to the special cell they asked me to take
my clothes off. I said I would, though I did say it in an
aggressive attitude but you would [respond aggressively] as
you are not going to respond nicely to a question like that;
anyway I would have taken them off. They took me straight
to the floor, before I had a chance to do it myself. Someone
put a knee in my back, which did hurt a lot. They took my
shirt off completely, then my trousers, boxers and shoes.
They chucked a jumper on me to cover my bum.’
Her Majesty’s Inspectorate of Prisons (2015) Behaviour management
and restraint of children in custody. A review of the early
implementation of MMPR by HM Inspectorate of Prisons
THE CONTROVERSIES OF CHILD IMPRISONMENT 31

32. Strip-searching as sexual abuse
‘As well as words like rape and sexual abuse, children
reported during the YJB review that strip searching made
them feel humiliated, embarrassed, intimidated, paranoid,
dirty, strange, stressed, vulnerable, scared, violated and
weird. I heard children using very similar words when I was
a child protection social worker interviewing them about
sexual abuse. Those children also told me about threats. It is
clear that strip searching provokes the same devastating
feelings among children as other forms of sexual abuse.’
Willow, C. (2015) Children behind bars. Why the abuse of child
imprisonment must end, Policy Press
THE CONTROVERSIES OF CHILD IMPRISONMENT 32

33. 30 hours of education
‘Since April [2000] all providers of secure accommodation have
been contractually required to ensure that young people are
unlocked for a minimum of ten hours a day and engaged in
education, offending behavior management and other personal
development activity for a maximum of 30 hours per week. This
will rise to 45 hours per week over the course of 2001.’
Youth Justice Board (2001) Annual report
‘30 hours education a week for young offenders
New and improved education contracts for under-18s in 4 young
offender institutions (YOIs) awarded today will double the amount
of hours young people spend in classes.’
Ministry of Justice, 15 December 2014
THE CONTROVERSIES OF CHILD IMPRISONMENT 33

34. Gareth Myatt
THE CONTROVERSIES OF CHILD IMPRISONMENT 34
‘If you can talk then you can breathe.’

35. Children cannot breathe
‘Kids sometimes just say stuff so that you let them go, like
they can't breathe, but you know that they are having you
on.’
‘I couldn’t breathe. It felt like someone had their hands
around my throat. I was telling staff that I couldn’t breathe
but they weren’t listening. I didn’t pass out on this occasion
but I have passed out in the past.’
Her Majesty’s Inspectorate of Prisons (2015) Behaviour management
and restraint of children in custody. A review of the early
implementation of MMPR by HM Inspectorate of Prisons
THE CONTROVERSIES OF CHILD IMPRISONMENT 35

36. Published by Policy Press
THE CONTROVERSIES OF CHILD IMPRISONMENT 36
www.article39.org.uk
carolyne.willow@article39.org.uk

37. Professor Barry Goldson
University of Liverpool
‘‘Why are children imprisoned and why
do child prison populations
vary over place and time?’’

38. Refreshments
and Networking Break

39. Ian Cummins, University of Salford
‘Vulnerability and Police Custody’

40. • Confait Case
• Maxwell Confait murdered in London 1972
• Three youths ( 18, 15 and 14 ) –one had a learning
disability were convicted.
• Convictions largely on the basis of confessions
• Convictions were subsequently overturned
• Fisher Inquiry (1977) followed by a Royal Commission
The murder of Maxwell Confait

41. • Implemented 1986
• Codes of Practice
• Legal advice
• Taping of interviews
• Created the role of the Appropriate Adult - additional protections for those
groups seen as most vulnerable – all juveniles / adults with mental health
problems or a learning disability
• AA role to “facilitate” interview
• Pierpoint ( 2006) – mission creep AAs were offering welfare advice and
support
• AA – do not enjoy legal privilege
• Debates about the nature and effectiveness of the role – very few adults
interviewed with AA present
Police and Criminal Evidence
Act (1984)

42. • Custodial environment itself
• Impact of custody on an individual’s mental
health
• Suggestibility and the risk of confessions
• Being drawn into the Criminal Justice system
and mental health needs not being addressed.
Risk factors and Police custody

43. • Self-harm and custody – based on research study of 168 incidents
• Women are at greater risk in custody
• Custody suites lack the resources to meet the needs of the most vulnerable
• Most common methods of self-harm are ligatures or heading and punching
walls
• Risk factors; custody itself, alcohol and substance misuse, the nature of the
offence
• Most common police responses: increase observations or put the detained
person in a paper suit
• Police officers receive little training in mental health issues
• Police officers feel frustrated and unsupported by community based mental
health services
• Systems for sharing information about these incidents with social work
agencies or health care providers are inadequate
Vulnerable adults in police
custody

44. • E + W – one of the lowest ages of criminal responsibility
• Netherlands 12/ Germany 14 / Finland 15/ Denmark 15
• 16/17 year old confusion over how society views and treats
them
• UNCR + CA 1989 - child if u 18
• HMIC (2011) “The only place within the CJS that a 17 year old
is treated as an adult is in a police station”
• 17 year olds – not being offered the protection of an AA
• Parents / carers not being informed of their detention
Young people and the CJS

45. • Approx. 75,000 17 year olds arrested and detained in police custody each
year
• Police custody – unique social + legal context
• Adult: Child
• Subject: Authority
• Adolescent reasoning – focus on short-term rather than longer term
• Kemp ( 2011) – number of requests for legal advice dropped noticeably at
17. Parents/AAs much more likely to arrange for one
• US context – trial and imprisonment of juveniles as adults
• Danger that children regarded as adults because of the nature of the alleged
offence
17 years old and police custody

46. • Campaign following three tragic cases
• Edward Thornber (2011) – hanged himself
following arrest for a small amount of cannabis
• Joe Lawton (2012) shot himself following
arrest for drink driving
• Kesia Leatherbarrow – hanged herself after
being detained in police custody
#stillachildat17

47. • 4 weeks after his 17th birthday
• Arrested on suspicion of robbery
• Attending college
• Living with his grandmother during the week so
that he could attend college
• Asked for his mother to be informed
• Refused on the grounds that it might hinder the
search for property
H. C Case (I)

48. • His mother became aware that he was in police
custody after 4.5 hours
• Phoned the station – told he was ok but not
allowed to see him
• She arranged for a lawyer
• Interviewed
• Bailed at 04:00 – detained for 12 hours
• Bail cancelled – no charges
H. C Case (II)

49. • Code C of PACE does not prevent 17 years old being treated
as vulnerable but this is most unlikely unless they have a
mental health problem or a learning disability
• Broad consensus that 17 year olds should be regarded as
children and offered special additional protections
• Moses LJ – “ The wish of a 17 year old in trouble to seek the
support of a parent and of a parent to be available to give that
help must surely lie at the heart of family life which, quite apart
from Article 8, the government seeks to maintain and
encourage”
• ACPO issued guidance 2013
Key points in the judgement

50. • Young Minds (2014)
• 77% of NHS clinical commissioning groups (responsible for
allocating health budgets) had frozen or cut their child and
adolescent mental health services (CAMHS) between the
2013-14 and 2014-15 financial periods.
• A further 59 out of 98 (60%) of local authorities in England had
cut or frozen their CAMHS budgets since 2010/2011
• (55%) that had supplied data had cut, frozen or increased
below inflation their budgets between 2013-2014 and 2014-
2015.
Young people and mental health

51. • Section 136
• Police power
• Allows for an officer to take a person, who is in a public
place and appears to be mentally disordered to a place of
safety
• MHA code of practice emphasises should be a health
facility.
• If someone is detained under this power, they must be
assessed by a psychiatrist and an approved mental health
professional.
Section 136 MHA

52. • In 2013-14, a total of 753 children were
detained under section 136.
• 236 were detained in a police cell
Young people and section 136

53. Police force 2013-14
Devon and Cornwall 30
Lincolnshire 25
North Yorkshire 20
Hampshire 20
Sussex 20
Children detained under s136 and held in a
police cell

54. • The fact that children are still detained in police cells under
section 136 reflects a clear failure of commissioning by NHS
Clinical Commissioning Groups. The de facto use of police cells
as an alternative relieves the pressure on CCGs to commission
appropriate levels of provision for children experiencing mental-
health crisis. We support the Government's proposals for a
change in the law to ensure that children can never be held in a
police cell under section 136 of the Mental Health Act 1983,
which we recommend should be included in the next Queen's
Speech. In the interim, guidance on the detention of children in
police cells under s. 136 must be made clear—that it is
unacceptable and must stop. This guidance needs to be
distributed to those working in the police and in the health
service.
Home Affairs Select Committee

56. • Jameel Hadi, University of Salford (chair)
• Ian Cummins, University of Salford
• Professor Barry Goldson, University of Liverpool
• Professor Neal Hazel, University of Salford
• Carolyne Willow
Panel discussion

57. Jameel Hadi, University of Salford
Conference Close