Updated legal guide highlights urgent need to improve education for children with special educational needs in custody

The Howard League for Penal Reform and Independent Provider of Special Education Advice (IPSEA) have today (Tuesday 20 August) published an updated version of their joint guide, Education inside penal detention for children in England – the only resource of its kind that explains the legal rights and entitlements of children with special educational needs (SEN) in custody.

Originally published in 2022, the guide has been updated to reflect changes in the youth justice landscape. It provides an overview of the current education provision available for children with SEN in custody, and outlines the stark disparities between the legal entitlements of children in detention and those of their peers in the community.

Children with SEN are disproportionately represented in the youth justice system. A 2025 report from the Children’s Commissioner found that children in custody are five times more likely to have an Education, Health and Care (EHC) plan compared to pupils in state-funded education. In total, 40% of children in custody are known to have SEN – yet many of their needs are unidentified, unsupported, or unmet.

The updated guide aims to equip professionals working in youth custody with the knowledge they need to uphold children’s rights, and also highlights the work that must be done to ensure that children have the same educational entitlements and provision in custody as they do in the community.

Gemma Abbott, Legal Director at the Howard League for Penal Reform, said: “This guide has been updated at a critical time for education provision for children in custodial settings.

“Earlier this year, the Howard League obtained figures which showed that children in young offender institutions in England were typically being kept in their cells for about 20 hours per day and receiving less than 15 hours of education per week.

“While the state fails routinely to provide what it should, we are determined and proud to join IPSEA once again in explaining the legal rights of children with SEN in custody and what must be done to ensure they are upheld.”

Georgina Downard, Senior Solicitor at IPSEA, said: “Three years on from the original publication of this guide, the situation for children with SEN in custody remains deeply concerning. Children in penal detention have fewer legal rights than their peers in the community, and even the limited rights they do have are often not upheld. This is unacceptable, especially given how many children in custody have special educational needs.

“This updated guide is intended to help professionals understand and apply the law as it stands – but it also makes clear that stronger legal protections are urgently needed to ensure children in custody receive an education that meets their needs.”

Notes to editors

1. The Howard League for Penal Reform is the oldest penal reform charity in the world. It is a national charity working for less crime, safer communities and fewer people in prison. The charity’s specialist legal team provides free and confidential legal advice and representation to children and young adults aged 21 and under in custody on a wide range of issues.

2. Independent Provider of Special Education Advice (known as IPSEA) is the leading charitable organisation providing free legal information, advice and casework support to help get the right education for children and young people with special educational needs and/or disabilities (SEND). It delivers its services across England, providing free one-off telephone advice and ongoing casework support to parents, carers and young people appealing to the SEND Tribunal.

3. Education inside penal detention for children in England can be read here.

Contact

Rob Preece
Communications Manager
The Howard League for Penal Reform
Tel: +44 (0)7714 604955
Email: [email protected]

Emma Brock
Communications and Marketing Manager
IPSEA
Email: [email protected]