Skip to content

All content is available under the Open Government Licence v3.0, except where otherwise stated.

To view this licence, visit:
https://nationalarchives.gov.uk/doc/open-government-licence/version/3

or write to:
Information Policy Team,
The National Archives,
Kew,
London TW9 4DU

or email: psi@nationalarchives.gov.uk.

This publication is available at:
https://layobservers.org.

© Crown copyright

Systemic failures in court custody continue to put vulnerable individuals at risk, says independent monitors

Published:

Today (10 February 2026) the Lay Observers (LOs) publish its 2024-25 annual report, drawing on evidence from 759 visits to court custody, representing almost 2000 hours of monitoring. 

While the report highlights some welcome improvements, including the introduction of dedicated accommodation for children in 20 courts, fewer unclean custody environments and a reduction in the overt poor treatment of detained people (DP), these gains are being undermined by ongoing systemic failures.

Despite years of concerns being raised, progress remains limited due to deep‑rooted and persistent challenges that place DPs at risk. In some instances, children and women are particularly affected. Ongoing issues, including unsafe transport arrangements and prolonged detention in unsuitable conditions, continue to undermine safety, dignity and wellbeing across the court custody system.

Reporting the following:

Concerns over transportation.

Lay Observers continue to report lengthy and distressing transportation arrangements, often for hearings lasting only minutes.

. For example:

  • At Swindon Magistrates’ Court, a detained person (DP) spent 10 hours in transport and court custody for a nine-minute hearing.

There has also been no progress in introducing separate transport for women and children, despite long standing commitments

  • In July 2025 LOs found that in 44% of monitored journeys where women were transported with men, one or more accompanying men had been charged with, or convicted of, sexual offences or domestic violence against women.
  • In the same month, in 38% of monitored journeys where children were transported, at least one child had been transported with an adult.

Insufficient staffing to meet the needs of those detained.

Staffing remained a central challenge, despite improvements in overall numbers at a national level. In practice, custody staff are routinely required to manage people with significant mental health needs, language barriers, disabilities and safeguarding risks. Staff are frequently overstretched and rely heavily on personal commitment to maintain standards of care. This reliance is not sustainable and increases the risk of poorer outcomes for both DPs and staff.

Detained people being held for prolonged periods in unsuitable environments.

LOs continue to report concerns about DPs being held for excessive periods in court custody cells. These cells are typically small, bare and uncomfortable, offering very little space for movement and little to occupy individuals during extended waits. Prolonged confinement in these conditions can significantly increase stress, anxiety, and feelings of isolation. This is particularly concerning given the high number of DPs with mental health needs and a heightened risk of self-harm.

Poor communication between agencies.

LOs observed DPs being transported to court despite not being listed to appear. These incidents were typically the result of prison or court listing errors and highlights weaknesses in communication between agencies. Such failures can cause significant distress to DPs and put additional strain on already stretched resources. For example:

  • At Birmingham Magistrates’ Court, a woman was produced in error from HMP Foston Hall. When she was informed of the mistake, she became extremely distressed and attempted to self-harm. During efforts to restrain her safely, staff were kicked.

David Whalley, Lay Observers National Chair said:

“Safeguarding often vulnerable people in court custody must move beyond aspiration and become embedded in everyday practice. The experiences documented in this report demonstrate that the current situation is not acceptable and underline the need for sustained and coordinated action. Improvements cannot depend on the goodwill of individual staff or isolated examples of good practice, nor can progress continue at the slow pace observed in recent years. Meaningful progress will require stronger cross-agency working, adequate resourcing, and a renewed commitment to treating detained people with decency and respect.”