The disproportionate levels of criminalisation of care experienced people are reflected in both the child and adult prison populations. Recent data collected by HM Inspectorate of Prisons found that over half of the children in child prisons in England and Wales who responded to their surveys had experienced local authority care. Care experienced are, a recent study from the University of Bedfordshire (2021) estimated, seven times more likely to be imprisoned than their peers who are not in care. A study of nearly 4,000 adult prisoners published by the Ministry of Justice (2013), recorded that around a quarter reported care experience. Data on this characteristic of the adult prison population is not systematically collected, however, and organisations such as the Care Leavers Association believe that this is likely to be a significant under-representation of the number of adults in prison who have experienced care.
In order to ensure care experienced children and young adults receive the support they need and are entitled to, it is essential that there are frameworks in place in all prisons to identify and respond to care experience status.
Local authorities must meet their statutory obligations with regard to looked-after children and care leavers who are in prison, including transitional arrangements when children turn 18. Details of these legal obligations are set down in the Social Services and Well-being (Wales) Act 2014, Part 11 Code of Practice (Miscellaneous and General).
The criminal justice outcomes for all children leaving custody are bleak, with re-offending rates of around 70 per cent. Issues with resettlement are widespread, but they especially affect care experienced children and young adults who are less likely to have families to return to. Careful thought needs to be given to resettlement options for this group with a view to providing the right placement, an individualised support package, stability and a chance to move forwards.
The resources below provide guidance and access to further help.
This guide from HM Prison & Probation Service has been produced to assist operational staff working with care experienced children and young adults in the prison system. It provides guidance to enable practitioners to appropriately identify and support care leavers, information about issues that may be affecting this group of young people and practical details about entitlements and working with local authorities. There are resources to encourage practitioners to facilitate conversations around care experiences and lots of practical information regarding law, useful contacts, instructions on how to record care status on prison systems and guidance on accessing social care files.
Read the guide
The Howard League for Penal Reform provides the only specialist legal helpline for children and young people in custody. Its free and confidential advice line is available on the ‘pin’ of every person under the age of 21 in prison. It provides casework on a wide range of issues from parole, recall and criminal appeals, to help with resettlement back into the community and treatment while in prison.
The Howard League
The below Surviving Incarceration (2021) study by University of Bedfordshire and Nuffield Foundation provides insights into the experiences before, during and after custody of children who have been in care. It will be of use to practitioners who want to better understand the issues facing care experienced children who have been prison and the impact of custody on them. The report also provides recommendations for good practice for supporting this group of children.
Surviving Incarceration report
Resettlement on leaving prison is a vital part of the process for helping children get back on their feet and desist from further contact with the criminal justice system. It is particularly important that care experienced children, who may lack family support, get the early help, planning and on-going support they need to make a successful transition. Whilst the below guide covers the law in England, and there are some differences in Wales, the principles and much of the guidance is of relevance to Welsh children and practitioners.
Resettlement toolkit
Beyond Youth Custody was an English project but its website provides a wealth of relevant materials for anyone supporting a care-experienced child or young adult leaving custody.
Beyond Youth Custody
Guidance from the on planning for custody and resettlement for children can be accessed below.
Read the guidance
This document, produced by HM Prison and Probation Service, provides contact details for all the Welsh local authority Leaving Care Teams and Local Housing Associations.
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