Children live in a clean and decent environment and are aware of the rules and routines of the establishment. They are provided with essential basic services, are consulted regularly and can apply for additional services and assistance. The complaints and redress processes are efficient and fair.

Living conditions

28. Children live in a safe, clean and decent environment which is in a good state of repair and suitable for adolescents.

The following indicators describe evidence that may show this
expectation being met, but do not exclude other ways of achieving it.

  • Cells and communal areas are light, well decorated and suitable for adolescents.
  • Children have their own bed, chair and lockable cupboard and provision for the storage of personal belongings is adequate.
  • Children are allowed to personalise their cells.
  • Children have access to drinking water, a toilet and washing facilities at all times.
  • All in-cell toilets have lids and are screened. Washing facilities are screened.
  • Residential units are as calm and quiet as possible to avoid incidents and to enable rest and sleep.
  • Children can operate the lights in their cells.
  • Children have access to telephones in their cells.
  • Notices are displayed in accessible and suitable ways for the establishment population.
  • Children have the use of properly equipped areas for association and outdoor areas for daily physical activity. Children can organise their own activities.

Cross reference with: equality and diversity – protected characteristics.

29. Children feel and are safe in their cells and communal areas.

The following indicators describe evidence that may show this
expectation being met, but do not exclude other ways of achieving it.

  • Effective safeguards are in place to ensure all children are kept and feel safe, and the design and size of the residential units supports this.
  • Staff are aware of any areas which are potentially unsafe and of times when children may need additional supervision, for example, during mealtimes and the distribution of items bought by children.
  • Children are not required to share accommodation.
  • Children who choose to share a cell are subject to a risk assessment. Risk assessments are monitored and reviewed. Children are allowed to share a cell only if they have requested it and it is in their best interests.
  • Communal areas meet the needs of the population and are supervised effectively by staff.
  • All children can raise the alarm in the case of an emergency. Staff respond promptly when the alarm is raised.
  • Children have privacy keys to their cells/rooms.
  • Observation panels in cell doors remain free from obstruction.
  • Staff undertake regular, unobtrusive supervision of sleeping areas to ensure children’s safety.

Cross reference with: bullying and violence reduction; equality and diversity; safeguarding of children; suicide and self-harm prevention.

30. Children are encouraged, enabled and expected to keep themselves, their cells and communal areas clean.

The following indicators describe evidence that may show this
expectation being met, but do not exclude other ways of achieving it.

  • Children have access to necessary supplies of their own personal hygiene items. Basic hygiene items are provided free of charge.
  • Children can shower or bath daily, and immediately following physical exercise or work, before court appearances and before visits.
  • Freshly laundered bedding and towels are provided for each new child on arrival and then on at least a weekly basis. Replacement bedding in the event of bedwetting is provided discreetly and sensitively. A system for the replacement of mattresses is in operation.
  • Children have access to sufficient cleaning materials to keep their cells and communal areas clean and are encouraged to use them.

Cross reference with: early days in custody; equality and diversity – protected characteristics.

31. Children have enough clean clothing of the right kind, size and quality to meet individual needs.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Children can wear their own clothes.
  • Children have at least weekly access to laundry facilities to wash and iron their clothing.
  • Children are provided with enough clean underwear and socks to change them daily.
  • Children are issued with enough warm, weatherproof clothing and shoes to go out in all weather conditions.
  • Establishment issue clothing is suitable, fits and is in good repair.

32. Children’s property held in storage is secure, and they can access their stored property on request.

The following indicators describe evidence that may show this
expectation being met, but do not exclude other ways of achieving it.

  • The amount of property children are allowed to keep in their possession and in storage takes account of individual needs.
  • Children can receive parcels. Any unauthorised articles received are held in secure storage and returned to the child on release.
  • A standard list details the possessions that children can keep. The list of authorised possessions is adequate to meet the needs of children.
  • Children’s valuable property is routinely security marked before it is issued.
  • Children can access their stored property by application and on release.
  • Children are fairly compensated for clothing and possessions lost or damaged in storage.

Cross reference with: daily life – consultation, application and redress; equality and diversity.

Residential services

33. Children have a varied, healthy and balanced diet which meets their individual needs, including religious, cultural or other special dietary requirements.

The following indicators describe evidence that may show this
expectation being met, but do not exclude other ways of achieving it.

  • All meals are served at reasonable times and children can eat communally.
  • Children have a choice of meals and can make lifestyle choices about diet.
  • Catering staff provide meals that meet medical dietary requirements.
  • Children’s meals are healthy and reflect the needs of adolescents.
  • Children on transfer or at court do not miss out on their main meal.
  • Catering arrangements and menus take into account the need to promote healthy eating as part of a healthy lifestyle.
  • Children have access to drinking water (including at night) and the means of making a hot drink after evening lock up.
  • Children have access to healthy snacks in between main meals.
  • Children are consulted about the menu and can make comments about the food.
  • Children are given the opportunity to cater for themselves.

Cross reference with: equality and diversity; residential services; daily life – consultation, application and redress.

34. Children’s food and meals are stored, prepared and served in line with religious, cultural and other special dietary requirements and prevailing safety and hygiene regulations.

The following indicators describe evidence that may show this
expectation being met, but do not exclude other ways of achieving it.

  • All areas where food is stored, prepared or served conform to the relevant food and safety hygiene regulations.
  • All areas where food is stored, prepared or served are properly equipped and well managed.
  • Religious, cultural or other special dietary requirements relating to all aspects of food preparation and storage are fully observed and communicated to children.
  • Children and staff who work with food are trained and wear proper clothing. Children can gain relevant qualifications.
  • Staff supervise the serving of food to prevent tampering with food and other forms of bullying.

Cross reference with: equality and diversity; health services; education, skills and work activities.

35. Children can purchase a suitable range of goods at reasonable prices and can do so safely.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Children are given advice and support on how to manage their money.
  • Children are able to buy and receive items within 24 hours of arrival.
  • Children have access to a wide range of all products on offer, and the range and cost of items are comparable to what is available in the community.
  • The list of goods available to children is publicised prominently on every residential wing, in a range of formats and languages that are easy to understand.
  • Children arriving at reception without private money are offered an advance to use for purchases, with repayment staged over a period of time.
  • Children without private money are not disadvantaged.
  • Children can place and receive orders at least once a week and receive their items promptly.
  • Children can access accurate and up-to-date records of their finances, and can do so free of charge.
  • Children can order items from catalogues, and are not charged an administration fee if they do so.
  • Children can access a newspaper every day if they wish to, and can buy all approved magazines within one week of the publication date.
  • A wide range of hobby materials is available, and children can purchase approved hobby materials from external sources. Systems are in place to ensure children are protected from bullying and theft.

Cross reference with: equality and diversity; health services; early days in custody; bullying and violence reduction; residential services.

Consultation, application and redress

36. Children can take an active role in influencing decisions about services, routines and facilities in the prison and in managing their own day-to-day life. There is evidence of change in policy and practice arising from the views and experiences of children.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
  • All children are given the opportunity to have their voice heard and inform decision-making.
  • Children are regularly consulted and given the opportunity to present their views, ideas, any areas of grievance or dissatisfaction directly to managers. Consultation methods are co-created by children and staff.
  • Children can raise issues or concerns for discussion.
  • Children can challenge decisions appropriately and are confident that their views are taken seriously.
  • Children can challenge information contained in their records.
  • The selection of children to take part in more formal consultation events or to represent others is fair and transparent.
  • Children are informed of the outcome of consultation and provided with justifiable reasons for any decision made.
  • Ongoing feedback mechanisms, for example food comments books, are readily available, regularly checked and responded to appropriately.

37. Staff and children are encouraged to resolve requests informally. When this is not possible children understand how to apply for available services, and are able to do so easily.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
  • Staff and children are encouraged to resolve requests informally, before making a formal, written application or complaint.
  • Children know how to make applications and can do so confidentially.
  • Staff help children to make applications, as requested.
  • Children do not have to make repeated applications for services they access or receive on a regular basis.
  • Children receive timely responses to their applications which are respectful, easy to understand and address the issues raised.
  • There are effective and thorough quality assurance arrangements in place.

38. Children have confidence in complaints procedures, which are effective, timely and well understood.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Staff make efforts to resolve complaints promptly without requiring children to go through formal procedures unnecessarily.
  • Children can access and submit complaint forms easily, in confidence and without fear of punishment or recrimination.
  • All complaints, whether formal or informal, are dealt with fairly and promptly, considering individual circumstances.
  • Children can be heard in person at all stages of the complaint process if they so choose.
  • Children are encouraged to state what they would like the outcome of their complaint to be and, if that outcome is not possible, staff explain why.
  • Children receive responses to their complaints that are respectful, easy to understand, address the issues raised and, where appropriate, contain an apology.
  • Children can ask for help in completing their complaint and in copying relevant documentation.
  • Children can ask their legal advisor or family member/carer to make a complaint on their behalf.
  • An effective monitoring system is in place to analyse complaints so that patterns can be identified and appropriate changes made.
  • Children are consulted regularly about the internal complaints system to monitor and maintain confidence in the system.
  • Information about complaints, including how to access the Independent Monitoring Board (IMB), the Prisons and Probation Ombudsman (PPO) and advocates, is reinforced through notices and posters displayed prominently across the establishment in a range of formats and languages.
  • There is an effective and thorough quality assurance system in place.
Cross reference with: equality and diversity; relationships between staff and children; daily life – residential services.

39. Children feel safe from repercussions when using complaints procedures and are aware of appeal procedures.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Children are offered an informal resolution to their complaint when it is appropriate to do so and are not deterred from making a formal complaint if that is their preferred action.
  • Complaints against staff are reviewed by trained staff for child protection implications.
  • Children and visitors who make a complaint are protected from recrimination.
  • Children know how to appeal against decisions and are helped to do so. Appeals are dealt with fairly and responded to promptly.
  • Children receive help to pursue complaints and grievances beyond the establishment if they need to do so.

Cross reference with: safeguarding of children; daily life – residential services.

40. Children are informed of their legal rights and are supported by establishment staff to understand and freely exercise those rights.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Children are informed of their legal rights verbally and in writing, in a way they understand.
  • Parents/carers are informed of children’s legal rights at the request of the child.
  • Staff are proactive in enabling children to pursue their legal rights, and no formal or informal sanctions operate to deter children from doing so.
  • Children can easily and confidentially communicate with their legal advisors free of charge.
  • Letters from legal advisors to children remain confidential and are not opened by establishment staff.
  • Children requiring help with reading or writing legal correspondence are offered help, including the option of accessing help from outside the establishment.
  • Children receive help in contacting legal advisors or making direct applications to the courts.
  • Children who choose to represent themselves in court are given stamps and writing materials free of charge as needed to pursue their case. They have access to a computer and printer to type court correspondence and documents.
  • Private and confidential legal visits are supported and accommodated without delay in suitable facilities.
  • Secure facilities are provided to allow children to keep documents relating to their legal proceedings in their cells. Children may request that legal documents are held securely and confidentially on their behalf.

Cross reference with: education, skills and work activities; daily life – residential services.

41. Children are informed of and understand their sentence or remand in custody.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
  • Children can readily access effective legal advice and are referred to specialist practitioners if necessary. Available advice or referral schemes include, but are not limited to:
    – bail for unsentenced children
    – criminal case review commission
    – immigration advice for foreign nationals.
  • Recalled children are quickly identified and promptly receive documented explanation about the reason for recall, their right to make representations or appeal and the possibility of an oral hearing.
  • Children are provided with verbal and written information about childcare proceedings and how to access advice services in relation to their parental rights and children’s welfare.
  • Children subject to licence conditions on release have the requirements of the licence explained to them and can discuss their rights and responsibilities prior to release.
  • Children have access to independent advocacy services.

Cross reference with: education, skills and work activities; equality and diversity; training planning and remand management.

Human rights standards

Living conditions
In relation to expectations 28–32: Human rights standards require that children be housed in accommodation that respects their human dignity and privacy. Accommodation should be clean, adequately ventilated and lit (by both natural and artificial light) and provide sufficient living space. Children should be provided with adequate bedding and with materials to keep their cells clean, and instructions in how to use them. Children should have daily access to showers. See CRC 27, 37(c); ERJO 53, 63, 65, 66; HR 31–34; CPT 104–105; EPR 18, 19, 21; SMR 12–21. Places of detention must have an alarm system that allows children to contact staff without delay and there must be sufficient unobtrusive supervision by staff during the night to ensure children are kept safe. See ERJO 64; HR 33; EPR 18.2; SMR 12.

Children should be allowed to wear their own clothing. Suitable clothing must be provided to those children who do not have their own. See ERJO 66; HR 36; CPT 106; EPR 20; SMR 19–20. In addition, standards recognise that children should be able to keep property in their possession and require that property should be kept safely when not in their possession. See ERJO 62.2; HR 35; EPR 31; SMR 67.

Poor living conditions, in and of themselves, can and have been found to violate ICCPR 10 and ECHR 3. A lack of resources does not justify detention conditions that infringe a detainee’s human rights. See ERJO 19; EPR 4.

Residential services
In relation to expectations 33–35: Human rights standards require that children be provided with nutritious food that takes into account their personal needs (such as religion, age, health and culture) and that they are given the opportunity to cater for themselves. Children should also be able to purchase goods for themselves. See ERJO 68; HR 37, 62; EPR 22, 31.5; SMR 22.

See also standards relating to equality and diversity.

Consultation, application and redress
In relation to expectations 36–41: The ability to make requests or complaints without repercussions and the requirement that these receive a prompt response is clearly set out in human rights standards, as is the ability to make complaints to external bodies and to access confidential legal advice. See CRC 3, 12, 13, 37(d); ERJO 50.3, 105, 120–124; HR 18, 24, 25, 60, 75–78; CPT 130–131; SMR 56, 57, 61; EPR 23, 70; BOP 17, 18, 33; BRPL 1, 5, 6, 8.