Children in youth custody ‘failed before they arrive’ as Commissioner calls for overhaul

A new report from the Children’s Commissioner has revealed children in prison have been failed by multiple services long before they arrive in custody, and their time in the justice system worsens their disadvantages and limits future opportunities.

Dame Rachel de Souza’s report examines children’s experiences before and during their time in youth custody, identifying where children last attended school before their time in prison. More than one third (36%) were most recently enrolled at registered education settings in the West Midlands, and 18% at settings in Birmingham alone. 20% of children attended just six educational settings in England.

The Commissioner’s report captures for the first time data that tells the stories of the multiple challenges children in secure settings often experience in their lives, from education, poverty, and unmet additional needs.

Like most children, those living in the secure estate recognise education can transform their future, but many struggle to access consistent high-quality education while in custody.
The Children’s Commissioner is calling for urgent reforms to the youth justice system, prioritising rehabilitation over punishment, and ensuring education plays a central role in helping children rebuild their lives.

At any given time, around 400 children are held in just 14 youth settings of differing structures and quality in England and Wales. Their experiences reveal systemic failures with many having been let down by services at every stage of their lives.
  
“Many of these children faced challenges long before custody – gaps in education, unmet additional needs, behavioural issues, and high levels of school exclusion, often compounded by poverty,” Children’s Commissioner Dame Rachel de Souza said. “Too often, they were labeled as ‘naughty’ rather than being given the help they needed.”

The report found significant regional disparities, with some local authorities more frequently named as the location of children’s last registered education settings before going to prison.

More than one third (36%) were most recently registered at settings in the West Midlands, and 18% had been registered at settings in Birmingham. The next most common local authorities included Liverpool, Manchester, Milton Keynes, Derby, Sandwell, Coventry and Wolverhampton. 20% of children attended just six educational settings in England.

More than three quarters (77%) of children in youth custody were persistently or severely absent in their most recent year at a state-funded school – three times higher than their peers in state-funded schools (24%, in 2021/22). When looking at rates of severe absences only, this was more than 20 times higher (1.7%, compared to 35%). More than half (54%) of these children were out of education for at least one academic year before moving into a secure setting, with some missing three or more academic years.

Children in custody were also five times more likely to have an Education Health and Care (EHC) Plan compared to pupils in state-funded education. Children with a known Special Educational Need (either an EHC Plan or receiving SEN support) represent 40% of all children in youth custody.

Nearly four in ten (38%) of all children in custody settings were living in the top 10% income-deprived neighbourhoods in England when they last attended school. Poverty was a key factor for the majority children in custody settings, with nearly nine in ten (87%) of children growing up in areas with above average levels of child poverty.

“I first started this research after a teenager in a secure setting told me he had last been happy or engaged with education when he was in primary school,” Dame Rachel de Souza said.

“Every child’s story is unique, but common themes emerged of how children had been failed by services at nearly every stage of their lives. These failures do not excuse criminality or attempt to ignore the challenging task of rehabilitation but emphasise the importance of getting education right.