PARLIAMENTARY DEBATE
Youth Justice - 18 May 2026 (Commons/Commons Chamber)
Debate Detail
Over the past two decades, the number of children entering the youth justice system and being detained in custody has fallen dramatically. This progress is the result of real cross-party consensus, with a modern youth justice system that began under Tony Blair’s Government and was continued, during his time as Prime Minister, by Lord Cameron—he famously said he would “hug a hoodie”—who, with Lord Gove, asked me to carry out the Lammy review.
But this success has brought a new challenge. Our youth justice system is now working with significantly fewer young people, but they are significantly more vulnerable and at significantly higher risk. Most begin their journey into crime long before they come to the attention of the police, their lives shaped by instability, by trauma and often by neglect—the kind of childhood that most of us in this House could barely imagine. Some grow up surrounded by violence, addiction and abuse, while others are moved endlessly around children’s homes or foster care placements, never staying in one place long enough to have the stability needed to feel safe, let alone the love and care that would enable them to really thrive. All those factors make them more likely to end up in the justice system. When we fail to intervene early enough, the consequences can be devastating—for those children, of course, but also for victims and entire communities, because around 80% of prolific adult offenders first enter the justice system as children.
The risks that children face have also changed. Today’s children are navigating online harms, criminal grooming through social media and exposure to extremist content. Too often the system has struggled to keep pace: opportunities to intervene are missed, warning signs go unnoticed and agencies do not consistently share information. This means that children can slip through the cracks between services, which risks escalation, and responsibility between agencies becomes blurred. The lessons emerging from the Southport inquiry, following the tragic murders of three young children by Axel Rudakubana, a violent 17-year-old who was known to authorities, are a terrible reminder of what can happen when systems are not sufficiently co-ordinated and not sufficiently decisive in the face of escalating concerns.
We must learn those lessons but also strike the right balance. The system must recognise that they are still developing and that most have huge capacity to change. We should not over-criminalise but, at the same time, avoiding criminalisation must never mean overlooking risk or failing to act. Benign neglect, however well intentioned, is still neglect. Where behaviour causes harm, timely, proportionate and effective intervention is essential to protect the public and to support children to change course.
That principle is reflected throughout this White Paper. First, we will intervene earlier, investing an additional £46 million over the next three years in our turnaround programme, which is already showing promising results in diverting children from crime, and by strengthening the join-up with other programmes that support children on the cusp of offending. We will also strengthen and expand the use of parenting orders, which can compel parents to address their child’s behaviour, including attending counselling or guidance sessions. If they do not act, they will face penalties. We will deliver on our manifesto commitment to introduce an offence of child criminal exploitation, building on the work carried out by others, including Baroness May, and placing the focus where it belongs: on the adults who groom, the adults who coerce and the adults who profit from exploiting children. Through new youth diversion orders, we will tackle the increasing number of young people who commit terrorism offences, allowing agencies to intervene before that risk escalates.
Where offending does happen, we will ensure that children get the right response at the right time. Diversion must be firm, fair and effective. We will fundamentally reform the youth out-of-court resolution framework, to improve consistency and public confidence so that children receive interventions that genuinely address their behaviour and cut crime. We will also pilot problem-solving youth intervention courts, laser-focused on rehabilitation and prevention. They bring together judges, youth workers and specialist support to tackle the root causes of offending, whether mental ill health, school absence, addiction or exploitation, while still demanding accountability from young offenders.
Custody will always be necessary for the most dangerous offences, but for many children even a short spell inside can deepen their problems, exposing them to more violence and criminal influence. So we are setting an ambition to cut the number of children remanded in custody by 25% over this Parliament, alongside an intention to reduce the use of short custodial sentences, which so often are ineffective, with more than two thirds of children going on to reoffend. Instead, we will invest £5 million in intensive community placements and stronger bail support, protecting the public while giving children a genuine chance to change course.
We will also reform the childhood criminal records regime, because mistakes made at 13 should not become a life sentence of closed doors and lost chances, not least where this prevents young people from getting a job, which is a crucial factor in helping offenders turn their lives around. We will carefully consider the age of criminal responsibility in this country, which currently sits at just 10 years old, to ensure that it still reflects a modern understanding of childhood, vulnerability and development. We will also strengthen local youth justice services so that they are better equipped to meet the needs of today’s children.
We will soon set out detailed proposals for a new approach to youth justice service oversight, and funding arrangements so that children receive consistently high-quality support wherever they live. That includes reforming the Youth Justice Board, sharpening its focus on continuous improvement of local services and transferring some of its key functions to the Ministry of Justice, so that Ministers are fully accountable for how the system performs.
I have been clear that custody will, where appropriate, be necessary for public safety. However, we will take further action to improve safety and education across the youth estate, while setting a clear long-term direction of travel away from large, outdated institutions and towards smaller settings that can better rehabilitate children.
The White Paper is also about fairness. Not all children in our justice system are equal. Those in care are still far more likely to be drawn into the system. Black children remain vastly over-represented—22% of the youth custodial population, compared with 6% of 10 to 17-year-olds overall. Black children are also over-represented among victims, being around six times more likely to be victims of homicide. I warned about this disproportionality when David Cameron asked me to do the Lammy review, nearly a decade ago, and the fact it persists today should shame us all. These reforms will begin to address that, building a system that is fairer and more consistent.
It is not a choice between punishment and rehabilitation; it is about what works: protecting the public, cutting reoffending, and stopping vulnerable children—so often victims themselves—becoming tomorrow’s dangerous adult offenders. This Government will do whatever it takes to give more children the chance of a better future, and to keep the British public safe. I commend this statement to the House.
Today’s announcement, however, is a fitting tribute to the Justice Secretary and his predecessor, the right hon. Member for Birmingham Ladywood (Shabana Mahmood). So desperate are they to find the causes of crime that they sometimes forget that their job is to prevent and punish crime itself. The truth is that Labour just does not have it in its DNA to be tough on crime. The Government have let 60,000 criminals out of jail early, they are abolishing short-term sentences—so that almost all shoplifters and the majority of knife criminals will no longer be sent to prison—and they are pretending that they are doing these things because they have to, but they are doing them because they want to.
The Prisons Minister says that only a third of prisoners should be locked up. The Minister for Sentencing, the hon. Member for Rother Valley (Jake Richards), says that a pretty big chunk of the overall population should not be in prison, and today’s announcement is more of the same. So I have some specific questions for the Justice Secretary. He wants to increase the age of criminal responsibility to reflect a
“modern understanding of childhood, vulnerability and development”.
From smoking bans to voting rights, this Government have a confused view of childhood, so what should be the age of criminal responsibility?
With a wave of sexual and violent crime committed by illegal immigrants, many of whom pretend to be children, can the Justice Secretary guarantee that those people will not escape justice a second time by giving a fake age to the police? The Government say they will review the function and purpose of criminal courts for child defendants, but the purpose of a criminal court is obvious: to try criminals. Can the Justice Secretary rule out abolishing criminal trials for under-18s?
The Government also say that they want to end lifelong disclosure requirements for the under-18s. Can the Justice Secretary guarantee that those requirements will still apply to people guilty of violent crimes and to prolific offenders?
The Government say they will slash custodial remand for young offenders by a quarter, but remand should be used in response to need, not arbitrary targets. What is the Justice Secretary’s alternative? Will he just send criminals home? Will he stick to that target regardless of the level of violent crime and repeat offending?
The Government want more parenting orders, but this morning the Justice Secretary said that they are not used much at the moment because all judges can do to enforce them is issue a fine. He was unclear on this question. So will Ministers—[Interruption.] The right hon. Gentleman was asked on the radio this morning whether parents who do not comply will face custodial sentences. He fudged that question, so I am asking him to answer it now.
The figures show that young repeat offenders often start with theft and move on to drug offences and violence, yet the Government’s big idea is to stop punishing swathes of crimes committed by under-18s. The gangs who swarm shops to steal goods in places like Oxford Street, Ilford and Clapham do not need to be put on a course; instead, they need clear punishment, which can include prison.
The results of soft-touch liberalism are visible in towns and cities up and down the country, yet the changes that the Justice Secretary is announcing today risk amounting to more of the same. This is a big call. If youth crime goes up as a result, it will be on this Government.
As the hon. Member for West Suffolk (Nick Timothy) will know—he was at the driving wheel—the Tories also cut 20,000 police officers and 7,000 police community support officers, leading to a collapse in visible neighbourhood policing. On their watch—[Interruption.] Conservative Members really should listen to this. On their watch, more than 1,000 Sure Start centres closed. Early intervention was demolished on their watch.
I said it was a mixed record because there was a fall in the number of first-time entrants into the youth justice system. Figures peaked at around 110,000 back in 2007, but fell to just 7,500 while the Tories were in office in 2023. When they entered government, there were around 2,000 children in youth custody; by the end of their tenure, that had fallen to just over 1,000. Those were great achievements. It is interesting that the hon. Gentleman does not want to celebrate those achievements, which began under David Cameron and Michael Gove.
The hon. Gentleman asks about the age of criminal responsibility. As he will know, the Bar Council is consulting on this issue, and I look forward to receiving the conclusions of its work. He also asks about foreign national offenders. We are absolutely clear in this consultation that we will look at the 16 and 17-year-olds who arrive in our country from somewhere else and commit a violent crime; if they do so, I am afraid that they will be deported. We are really clear about that. We have driven up deportation in our country.
The hon. Gentleman asks whether we are abolishing the youth court and the criminal standard. Of course we are not. However, we are consulting on youth intervention courts because, just as we have seen in our family drug and alcohol courts, problem-solving approaches —gripping the young person, their parents and those who work with them; looking at the addiction and mental health issues and giving them support; holding the multidisciplinary teams to account—can really make a difference. We stand by that.
The hon. Member asked about young people on remand. We want to recruit a new generation of specialist foster carers, because it is much better to have a responsible, loving adult—
There are a range of things we can do through this White Paper, and I encourage the hon. Member for West Suffolk to read it in detail. A lot of his predecessors would agree with it. It is good work, and we need to get on with it.
The Justice Committee is conducting an inquiry into children and young adults in the secure estate. While the Government are right to look at early intervention and alternatives to custody, will the Lord Chancellor also look at the successes and failures of the current custodial system for young people and how it can better rehabilitate young people and reduce the risk of reoffending?
Nowhere is that more applicable than for children in care, those from ethnic minorities and those with special educational needs, who are disproportionately represented in the justice system. Will the Secretary of State set out how this overhaul will ensure that these children, given their specific vulnerabilities, will receive the targeted support that they desperately need?
May I take this opportunity to highlight the great work of the organisation SHiFT and encourage the Justice Secretary to engage with it? I believe that SHiFT’s model could be rolled out across the country, helping young people before they even commit their first crime?
Education for young offenders can be a crucial step in diverting them from a path to reoffending. We are pleased that the Children’s Commissioner will undertake a review of education in young offender institutions, but can the Justice Secretary ensure that it will take into account the fact that 80% of young people who are sentenced have special educational needs and make sure that the support they are getting in those institutes is fit for purpose?
The Youth Justice Board provides vital independent oversight of the youth justice system, yet the Government have chosen not to act on the report they commissioned from Steve Crocker, instead bringing a number of the board’s functions more directly within the remit of the Ministry of Justice. What is the purpose of those reforms? What benefit will the Government gain from bringing those functions in-house, and will the Justice Secretary address the concerns from across the sector that these reforms risk reducing specialist experience and weakening independent accountability?
Finally, will the Secretary of State set out how the use of parenting orders will affect the recruitment of foster parents, those being asked to take on special guardianship orders or kinship arrangements, and those considering adoption? If parenting orders will not apply to those families, how will they be supported effectively to ensure that this measure does not lead to further family breakdowns and more children ending up in the care system?
I thank her for mentioning the cohort of young people —way too many—who are within the care system. I am very grateful that the Minister responsible for children in care, my hon. Friend the Member for Whitehaven and Workington (Josh MacAlister), is on the Front Bench today alongside me. He takes a huge interest in the work that our Departments do together to deal with this area.
The hon. Lady mentioned young people who are adopted. She knows that I am a parent of an adopted child, and I take these issues extremely seriously. She is right, and we are looking in totality at the way in which parenting orders have worked. There must be something going wrong if the number of parenting orders issued has fallen over the last decade from more than 1,000 to just 33 last year. We have to look at it in the round and ensure that judges have the right tools to support parents and guardians over this next period.
The hon. Lady raises the reforms we are making to the Youth Justice Board. It is still the case, if we look across the country, that there is a postcode lottery. We have to eliminate that postcode lottery, which also exists because of online harms, because of grooming, because of mental health and because of neurodiversity. I was in Feltham recently and I saw the good work that it is doing with young people who are neurodiverse. It is important that the Department, working with our colleagues in the Department for Education and the Department of Health and Social Care, bring some of these powers back to the centre so that we can get coherence across the country and end that postcode lottery.
Secondly, in relation to advocacy on behalf of young people within the youth justice system, the Secretary of State will recognise that, with a smaller number of young people going through the system, it is more and more difficult to maintain a specialist advocacy profession and to ensure that advocates are properly rewarded for the very specific skills they need to develop. Will he look at the fee structure for advocates and ensure that we continue to encourage the right balance of skills, attention to conferences and that they get to know the client, which is particularly important for young people in the youth justice system?
I welcome the work that the Secretary of State has asked the Children’s Commissioner to do on the quality of education in young offender institutions, but we already know that the quality of that education is abysmally poor and that action is urgently needed. Will he set a timescale for that work, so that we know when we will see the positive change that is so urgently needed?
“custody will always be necessary for the most dangerous offences”,
but went on to say that there will be
“an intention to reduce the use of short custodial sentences.”
Will he add some more detail around the length of sentence that he considers to be a “short” custodial sentence? In relation to knife crime, he will know that the minimum sentence for threatening with a knife can be as little as six months. Young people already do not have much fear about being searched for a knife or facing the criminal justice system. If they know that they will not receive a custodial sentence at the end of the process, what deterrent will there be to their carrying or using a knife?
May I thank the Deputy Prime Minister for his really important statement and the non-partisan way in which he gave it? I welcome the fact that he is sitting next to the Minister responsible for children, families and wellbeing, my hon. Friend the Member for Whitehaven and Workington (Josh MacAlister). I have listened to Members across the Chamber, and it strikes me that to really make a difference to young people in my constituency and across the UK, we have to ensure that Government Departments do not work in silos. What work is the Secretary of State doing with the DFE, the Department for Work and Pensions and the Department of Health and Social Care to ensure that we do not let any young people in my constituency and beyond be left behind?
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