- New report tracks the stories of children before and during their time in youth custody and the shared disadvantages they face
- Many shared the challenges they faced long before custody – disrupted education, low English and maths skills, unmet additional needs and high levels of exclusion, compounded by poverty
- Children’s Commissioner calls for a rehaul of youth justice system, with a greater emphasis on rehabilitation over punishment, putting education at its core
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.
Children’s Commissioner Dame Rachel de Souza said:
“I firmly believe that every child, regardless of their background, has a fundamental right to a good education. Hundreds of thousands of children have told me – through surveys, research, and in person – how much they value education. Children in custody are no different. They deserve access to an excellent education, they are just as ambitions as their peers, yet for too many, a good education feels out of reach.
“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. Too often, they were labeled as ‘naughty’ rather than being given the help they needed.
“Education is one of the most powerful tools we have for changing lives, offering stability and opportunity. For children in these settings, it must be at the heart of rehabilitation, giving them a real chance to rebuild their lives and promote a future away from reoffending.”
The key findings from the Children’s Commissioner’s report includes:
- Regional disparities: Some local authorities were 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.
- History of poor attendance: 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%).
- Time out of education: 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.
- Additional needs: Children in custody were 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.
- Experience of poverty: 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.
- History of school exclusion: 25% of children in youth custody had been permanently excluded while at school. By contrast, there were eight permanent exclusions per 10,000 pupils in state-funded schools in 2021/22.
- English and maths skills: Only 20% of children in youth custody who sat an English GCSE passed, compared to 71% of their peers in schools. Similarly, 20% who sat mathematics GCSE passed, substantially behind the 72% of pupils in schools who passed.
The report finds significant challenges meant the education being delivered in youth custody is not good enough, with challenges including:
- Restricted educational choices: Children are often grouped based on their safety, rather than interest or ability, making engagement in education challenging and limited.
- Disruptive learning: Short custodial sentences and remand status for children awaiting trial make it hard to maintain continuity in education.
- Staffing shortages: Recruiting qualified teachers for children with complex needs remains a major challenge.
Dame Rachel de Souza said:
“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. 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.
“I am unapologetic about the importance of education, today’s report underlines the unique power of good attendance, positive engagement and having a child’s needs met – and how children in custody have been failed. These failings continue once in the custody settings, which are often compounding children’s disadvantages, instead of addressing them. It’s vital we see greater preventative measures in education, coupled with much needed reforms for the youth justice service to ensure that children are not leaving secure settings with limited skills and job prospects.”
The Children’s Commissioner is calling for urgent reforms including:
- Preventative measures in education before children reach youth custody: With a coordinated single child plan reviewed annually; school-based support tailored to children’s needs; and interventions following classroom exclusion to assess and address underlying issues.
- Reforms for the youth justice system: With a complete redesign for youth custody settings, prioritising rehabilitation over punishment; transferring responsibility for youth justice services to the Department for Education; and implementing a therapeutic care model in smaller, homely settings while phasing out Young Offender Institutions and Secure Training Centres.
- Interim measures to improve the experiences of children in youth custody settings: Creating Youth Councils in each setting where children’s voices are shared to create change; reforming sentencing frameworks to prioritise community-based interventions over short custodial sentences; vocational education to be expanded to align with regional job opportunities; and secure settings to have greater flexibility and authority to deliver an individualised approach to education that supports the progress of every child.
