Agenda item

Report of the Cabinet Member for Children and Young People

The Committee considered a report of the Cabinet Member for Children and Young People regarding the impact of the 2020 Covid-19 pandemic on children appearing in Criminal Courts (schedule 4 to the signed minutes).

The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012

introduced a new remand framework for 10 to 17-year olds and provided that every child or young person remanded to Youth Detention Accommodation (including either a Young Offender institute, Secure Training Centre (STC) or Local Authority Secure Children’s Home (LASCH)) automatically had ‘Child in Care’ status. A new funding formula for children on remand accompanied the Act which removed the previous 75% subsidy received by Children’s Directorates for those remanded to local authority secure accommodation.

Children aged 15 years and under were more likely to be remanded to LASCH or STCs (the most expensive types of remand establishments) owing to their vulnerability. Generally, children on remand to Crown Court were accused of very serious offences and/or had an adult co-accused. In these circumstances sentencing of offenders took place together and resulted in extended remand periods placing additional pressures on budgets.

The 2020 Covid-19 had significantly impacted on the ability of Courts to operate within their usual time limits. This particularly affected Crown Courts and children awaiting trials alongside adults. Whilst the maximum recommended time a child should spend on remand was six months, courts were applying discretion to custody time limits owing to the significant backlog caused by the pandemic. This meant that currently there were more children on remand for longer periods and therefore ‘looked after’ for longer than usual.

In Staffordshire, of the three children currently on remand two had reached their six-month custody time limit. Whilst they were found guilty at the beginning of September, sentencing (which would normally take place within three weeks of the verdict) had been delayed until mid-November 2020 placing an additional cost of approximately £19,000 on the remand budget.

Whilst the 2020/21 projected overspend in the remand budget (based on analysis of the first four months of the year) was £192,000 the Staffordshire YOS Management Board had identified underspends in other pooled budgets which would cover the costs of remands during the year. However, in the event the current situation continued beyond April 2021, the partnership had no identified funding available.

Concerns regarding the impact of the pandemic on the YOS both in terms of the effect on children’s health and welfare and budgets had been raised with relevant stakeholders including:- (i) the Youth Justice Board; (ii) Youth Custody Service; (iii) House of Commons Justice Select Committee; (iv) Her Majesty’s Courts and Tribunal Service; (v) Staffordshire Police and; (vii) Stoke-on-Trent and Staffordshire Safeguarding Board.

During his presentation of the report, the Cabinet Member highlighted that 132 children were currently awaiting sentencing in Staffordshire. Steps had already been taken by the Authority to increase capacity so that the consequences of those cases in the YOS could be dealt with once the court processes had concluded. In the meantime, requests had been made for Out of Court Discharges for minor offenses, where appropriate and support was being provided to those children and families (including the three on remand) concerned.

In the discussion which ensued Members expressed serious concern over the impact of the current situation on the health and wellbeing of young people. However, they acknowledged that the County Council were working in partnership with other agencies in an attempt to mitigate the social and financial effects of the pandemic and paid tribute to the Cabinet Member, his staff and wider YOS for their continuing efforts to safeguard vulnerable children in difficult circumstances. Whilst the number of young people currently on remand in the County was relatively small, they looked forward to a resolution of the issues which had been highlighted in the criminal justice system, as soon as possible.  

The Chairman then thanked the Cabinet Member for his attendance and opportunity to give constructive scrutiny to the above-mentioned matters for the benefit of residents of the County. 

RESOLVED – (a) That the report be received and noted.

(b) That the Committee be kept informed of any further developments relating to the impact of Covid-19 on children appearing in Criminal Courts so that further scrutiny could be given, as appropriate.