More young adults are being held in youth prisons due to overcrowding in adult jails, according to the chief inspector of prisons.
A record 88,225 people are currently in prison in England and Wales, with two-thirds of prisons officially overcrowded.
The chief inspector of prisons, Charlie Taylor, told TNM “population pressures” in adult prisons is having an impact on prisons holding children.
He said: “Due to national population pressures in the adult estate, an increasing number of young adults continue to be held in young offender institutions after their 18th birthday.
“We have commented frequently in recent inspections on the challenge for Young Offender Institutions, many of which are already struggling to deliver appropriate levels of purposeful activity, to develop and deliver an additional programme of education, training and employment programme that is suitable for this cohort.”
A recent HMIP report into conditions at the Werrington Young Offender Institution, located in Staffordshire, England, found 35% of the population to be over the age of 18. Werrington YOI is designed to hold boys between the ages of 15-18.
The report also found serious disorder had increased by 76% since the last inspection in 2022.
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The Inspectorate of Prisons clarified there have always been small numbers of over 18s in children’s custody due to delays in transfers or the individual may have a small amount of their sentence left to serve.
The Chief Inspector explained: “While it is less disruptive if someone is near the end of their sentence for them to complete it in a familiar environment, for those with more than a few months left to serve in custody then this creates new challenges.”
Rob Preece from the charity The Howard League for Penal Reform said there is “enormous tension” within the prisons system.
He said “We have 121 prisons across England and Wales and two thirds of them are holding more people than they're designed to hold.
“What that has meant is that there is enormous tension within the system, a real shortfall of available places for people coming through the system from the courts.
“What that has led to is a decision being made that we need to keep 18 year olds in the youth estate for as long as we can, in order to ensure that there's enough room for older prisoners coming through from the system.”
Rob Preece said the Howard League for Penal Reform has previously advocated for some young adults to stay within the youth estate, even after their 18th birthday, if it is the “best option” for them.
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He said: “We have been in favour, in the past, of governors using their discretion, and recognising that if a certain young person lacks maturity, keeping them where they are in a stable setting…that is sometimes the best option. But we aren't seeing that now.
“What we're actually seeing is necessity, because of the overcrowding in the adult estate, leading to more 18-year-olds being in the children's estate…that can have a destabilising effect as well.”
A spokesperson for the Ministry of Justice told TNM: “It has always been possible for young people to remain in the youth estate after their 18th birthday if this is the most appropriate location for them, particularly for those who are vulnerable or where it supports their rehabilitation.”
The department said ministers made the interim decision to extend the detention of young people aged 18 years in the youth estate on a case-by-case basis in November last year.
The department added it will continue to monitor the impact of the interim policy and have not yet found any serious or significant concerns.
The government said the number of children in custody has fallen by 79% since 2010 “as a result of early intervention work and the wider use of robust community sentences.”