04/07/2022
Police Oracle
Work with offenders on a new publication from the Howard League
Educational provision in prisons and secure training centres is woefully inadequate for children in both quantity and quality, according to a new guide “Education inside penal detention for children in England: An overview”, published jointly by the Howard League for Penal Reform and Independent Provider of Special Education Advice (IPSEA), outlines key steps that practitioners can take to improve the situation.
The problem
The guide reveals that more than two-thirds (71%) of children in custody have special educational needs (SEN). What’s more, it says that these needs – which can include learning difficulties, speech, language and communication difficulties, and social, emotional and mental health problems – are often mislabelled, unrecognised and unmet.
The guide, which relies in part from the Howard League’s direct work with children in prison, reveals that resourcing issues mean that children regularly did not receive their educational entitlements even before the Covid-19 pandemic when educational provision stopped completely for a period.
The guide concludes that the quality of education that children experience in custody is often poor, especially in prisons and secure training centres with the education provision in secure children’s homes regarded as being of much higher quality.
The national curriculum is not followed and children rarely get to complete formal qualifications to a high level. It also points out that children are generally transferred to the adult prison estate soon after they turn 18 without any regard to their educational needs or where they are with their studies.
The solutions
The guide says that the key to helping children with SEN in custody get a proper education is to get them assesses for an Education, Health and Care Plan. The law requires local authorities to put in place additional support for children and young people with special educational needs in the community and those in custody. Professionals supporting children are encouraged to refer them for as assessment. Unfortunately, Education, Health and Care plans for children in custody are often poor-quality and the support specified in them is often not provided. There is a tendency to focus on children’s post-detention needs rather than on ensuring that their educational needs are met while in custody. Again helping professionals are urged to challenge care plans which are either not completely to a good standard or where the recommendations for additional support have not been fulfilled. The Howard League encourages professionals to use legal remedies to do this and is also advocating that the legal protections and frameworks in this area should be strengthened.
Next steps
The Howard League says that the rights and entitlements of children in custody to a proper education are rarely adhered to. It has found that, despite the high levels of educational need among children in custody, it is rare to see children with up to date Education, Health and Care plans either when they arrive in custody or in preparation for release.
The charity has found that it is virtually unheard of for parents, young people or secure establishments to request assessments for such a plan or, if they do, to challenge decisions not to complete them.
The guide recommends that if a local authority fails to comply with the legal obligations set out in the briefing, it might be appropriate to make an application to the High Court for judicial review.