Urgent action is needed to tackle inadequate educational provision for children with special educational needs in custody

In August, we at the Howard League and IPSEA are pleased to publish an updated version of our joint guide Education inside penal detention for children in England. First published in 2022, this remains the only resource of its kind: a detailed explanation of the legal rights and entitlements to education for children with special educational needs (SEN) in youth custody.

The resource includes a summary of the educational landscape in youth custody and highlights the disparity between the educational entitlements for children in the community and children in custody. A separate table document sets out these differences clearly. Together, the guide and accompanying table are intended to support professionals working with children in custody or at risk of custody, helping them to understand and uphold the entitlements that children with special educational needs (SEN) have.

What’s changed since the guide was first published?

Since 2022, there have been some changes to the youth custody landscape. In 2024, the first Secure School (Oasis Restore Secure School), opened in Rochester, Kent. In the same year, Cookham Wood prison (one of four young offender institutions ‘YOIs’) was closed. This decision followed an Urgent Notification being issued by HM Inspectorate of Prisons (HMIP). HMIP raised several concerns, including children being held in solitary confinement and having very poor access to education.

However, these concerns about poor access to education and time out of cell are not unique to Cookham Wood. In a joint report published in October 2024, HMIP and Ofsted reported that there had been a decline in the quality of education across the English YOIs and that the needs of children with special educational needs and/or disabilities were not being met.

In April 2025, the Howard League reported that the Ministry of Justice’s own data showed that children in the three remaining young offender institutions in England (Wetherby, Werrington and Feltham) were typically being kept in their cells for about 20 hours a day and receiving less than the 15 hours of education they are entitled to. In January 2025, the average hours of education delivered at Feltham was only 3.3 hours.

SEN and the youth justice system

The context above is especially significant because children with SEN are disproportionately represented in the youth justice system. Reports published this year by the Michael Sieff Foundation and the Children’s Commissioner for England reinforce this point.

The Michael Sieff Foundation’s independent review found that the youth justice estate does not currently have a comprehensive approach to neurodivergent children. Meanwhile, the

Children’s Commissioner highlighted 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, with children known to have SEN (either an EHC plan or receiving SEN support) making up 40% of all children in youth custody.

The need for change

Our guide not only sets out the steps that can be taken within the existing framework to support children to access their rights, but also calls for the legal protections and frameworks around education in custody to be strengthened. The stark disparity between the legal entitlements of children with SEN in penal detention and those in the community – coupled with the fact that even the rights they do have are too often not realised – makes this urgent and necessary.

Contributions to the updated guide from:

Megan Day, Solicitor Apprentice, IPSEA

Megan is one of two solicitor apprentices in the legal team at IPSEA. Her role involves providing legal advice and casework support to parents, carers and young people on the IPSEA helplines and before the First Tier Tribunal. Megan is a recent graduate from the University of Hull after completing her Law degree and a Master’s degree in Criminal Justice and Crime Control. She is currently studying with BPP in preparation for her Solicitor’s Qualifying Exam.

Georgina Downard, Senior Solicitor, IPSEA

Georgina is a qualified solicitor. Georgina monitors and provides legal support to IPSEA volunteers, and manages IPSEA’s written resources and Upper Tribunal appeals. As a member of IPSEA’s legal team she delivers IPSEA’s training programme to volunteers and to various external audiences including parents, schools and SEN professionals. She also contributes to IPSEA’s work to improve SEN policy at local and national levels.

Anna Spencer, Solicitor, Howard League for Penal Reform

Anna is a solicitor in the legal team. Anna represents children and young adults on a variety of public and prison law cases including prison conditions and treatment cases, adjudications and parole.

Comments