Ombudsman calls for more support in youth custody disciplinary process

A review of complaints made by young people in custody since April 2011 found a high proportion of complaints about the adjudication process, the disciplinary processes for alleged offences in custody.

The ombudsman, Nigel Newcomen, said adjudications, which are presided over by district judges - so-called "independent adjudicators" - and can result in sanctions such as additional days in custody being added to existing sentences, are essentially designed for adult prisoners and can be confusing and intimidating for young people.

"Most of the concerns we identify in complaints about adjudications from young people are the same as those in complaints from adults," a learning lessons bulletin issued by the PPO said.

"However, it is particularly important that young people, who may lack experience of adjudications, have support if they need it to ensure they understand the adjudication process and the charge against them.

The bulletin suggests that support may be provided by legal advisers (solicitors who provide advice but do not attend the hearing), legal representatives (solicitors who attend the hearing to present the case on the young person's behalf), or a McKenzie friend (someone, usually an advocate, who attends to support the young person).

The PPO found that, since April 2011 there has been a disproportionately small number of complaints from young people under the age of 21.

In June 2016, there were 5,349 young people under 21 years old in custody, representing six per cent of the entire prison population. But between April 2011 and September 2016, only 278 complaints were made by this group, accounting for just 1 per cent of all complaints.

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 adjudications, staff behaviour, and home detention curfew.

In 2013 the Prisons and Probation Ombudsman raised concerns about the adjudication process itself in relation to how charges are proved beyond reasonable doubt, and the nature of punishments handed out.

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."