Learning lessons on transition
The Alliance for Youth Justice (AYJ) yesterday (January 29, 2025) launched a new policy briefing, Adultifying Youth Custody: Learning Lessons on Transition to Adulthood from the Use of Youth Custody for Young Adults. The report urges the government to protect the distinct, child-centred nature of the children’s secure estate and to develop tailored approaches to custody for young adults.
The briefing—informed by consultations with young people, practitioners, and sector experts—analyses the destabilising impact of the government’s 2022 decision to temporarily raise the transition age from the children’s secure estate to the adult estate from 18 to 19. This policy, introduced as a response to overcrowding in adult prisons, led to a 253% increase in the number of over-18s held in the children’s estate, placing immense strain on an already fragile system. The AYJ warns of long-term risks to children’s welfare and the distinct identity of the youth justice system if boundaries between youth and adult justice systems continue to blur.
Context
When the policy was introduced, the change in presumed transition date led to a rapid and significant increase in the number of young people aged 18 and over in youth custody. From November 2022 to July 2023, the number of over 18s shot up from 49 to 173. An increase of 253% in just eight months, while in the same period the number of children held in custody only changed from 429 to 443.
The more than tripling of the number of over 18s in youth custody while the number of children remained relatively stable meant the proportion of the children’s estate that were not children increased from 10% to 28% in eight months. This peak continued until December 2023, when the number and proportion of over 18s began to decrease, but remained significantly higher than prior to the policy change (the latest available data shows 125 over 18s held alongside 400 children, or 24% of the children’s secure estate
Key findings
A Children’s Estate Stretched Thin
The children’s secure estate has faced years of systemic crises. Already struggling to meet the needs of children in its care, a significant growth in population has placed undue pressure on children, young adults, and staff.
Deteriorating Conditions Harming Children and Young Adults
Pre-existing issues with volatile establishments and failing regimes were exacerbated. Limited education, reduced support, and prolonged periods of cell confinement worsened mental health outcomes and reduced opportunities for rehabilitation.
Young Adults Left in Limbo
Over-18s held in the children’s estate faced uncertainty about their futures, with inadequate education and activities tailored to their developmental stage. Staff and services struggled to support a wider range of needs, while young adults in the adult estate continued to suffer from poor outcomes due to the lack of dedicated provision.
Adultifying the Children’s System
The government’s use of the children’s secure estate as a backup for adult prisons resulted in over one-third of the children’s YOI population being over 18. This policy risks eroding the critical distinction between youth and adult justice systems, with long-term consequences for safeguarding children.
Missed Opportunities for Reform
Despite low numbers of children in custody, opportunities to reform youth custody into a welfare-based, rights-respecting system were missed. Instead, the government continued to rely on failing Youth Offender Institutions.
Key recommendations
The report makes five critical recommendations:
Custody as a Last Resort
The Ministry of Justice must act on evidence highlighting the immaturity, vulnerability, and victimisation of children who come into contact with the law. Custody must only ever be used as a last resort and for the shortest possible time. When custody is deemed necessary Secure Children’s Homes should be utlised to offer small, welfare-based settings, near children’s homes.
Remove the Youth Custody Service from HMPPS and Create a Department for Children
To ensure youth justice prioritises children’s welfare, the Youth Custody Service should be removed from HMPPS and integrated into a newly created Department for Children . This would bring responsibility for the care of all vulnerable children under one department, ensuring child-first policies guide all decisions.
Ensure the Distinct Character of the Children’s Secure Estate
Policies impacting the children’s secure estate must prioritise the needs and rights of children. The children’s estate’s primary duty of care must be to children, with rare exceptions on a case-by-case basis to those young adults legally old enough to transfer to the adult estate. Upholding a child-centred approach and preventing its misuse as an overflow for adult prisons must be a priority.
Develop a Comprehensive Plan for Young Adults in Custody
Building on lessons from the temporary transitions policy, the Ministry of Justice must create a forward-looking strategy to address the distinct needs, entitlements, and maturity of young adults. This should include a review of domestic and international models to determine the best approach.
Supportive Transitions on a Case-by-Case Basis
Transitioning from youth to adult custody should be based on the individual’s needs and circumstances. Young people must receive accurate information about adult prisons, along with continuity in education, youth work, and other support services during the transition.
Conclusion
Jess Mullen, Chief Executive of the AYJ, summed up the concerns:
“We are at a critical juncture in the youth justice system. Over three-quarters of children and young people are housed in YOIs that are not fit for purpose. Our research shows that the increase in over-18s held in these institutions, between 2022 and 2024, through a temporary transition policy only exacerbated the issues on the ground. Volatile and failing regimes struggled to meet the needs of children and young adults in their care.
“This policy was made, not with the needs of children in mind, but to alleviate overcrowding in the adult estate. It represents a slippery slope towards adultifying youth custody. This must be guarded against, and the rights and needs of children must be the foremost consideration in any decisions affecting them.
“The cruel irony is that the number of children in custody was declining prior to 2022, providing a perfect opportunity to address the challenges faced by the children’s secure estate. The Ministry of Justice must now ensure custody is only used as a last resort and that children are held in small, welfare-based, and rights-respecting units such as Secure Children’s Homes. The last remaining Secure Training Centre must also be closed.”
Thanks to Andy Aitchison for kind permission to use the header image in this post. You can see Andy’s work here