Recently in Youth Justice Category

Custodial decisions for children should be based on safety and evidence of their efficacy, rather than costs, according to a briefing by the Howard League.

Published today, Future Insecure, follows the deaths of two children in custody and news that the Youth Justice Board is to decommission a total of 17 beds in secure children's homes.

In an open letter to YJB chair Frances Done, Howard League chief Frances Crook appealed to the board to retain the use of beds in secure children's homes.

Crook said it was "unacceptable that nearly 2,000 children are to be left languishing in young offender institutions and secure training centres".

More than 50,000 children are detained in police cells overnight every year, according to a report by the Howard League which called for an end to the "dangerous, frightening" practice.

Figures released in the report, published today, revealed at least 53,000 under-16s were detained overnight in just over half the country's police cells in 2008 and 2009. A ban would reduce the number of children detained by at least 11,500 every year, the report stated.

The charity - which is also calling for the age of criminal responsibility to be raised to 14, in line with European standards - claimed the majority of under-16s detained overnight are innocent of any crime and said detention "does more harm than good".

Frances Crook, chief executive of the Howard League, said she was "horrified" to discover how prevalent the practice was across the country. Yet she warned the figures were still an underestimation as only half of police forces responded to the charity's FOI request. 

"From conversations we have had with the police it seems some children are being held in police cells for child protection reasons, for example when a child is found out alone at night.

"The Howard League is warning that this will increase as local authorities face cuts to children's services. If parents can't be relied upon to provide a safe place for these children, it is up to the local authority. A police cell is not an appropriate place for children, and this commonplace, dangerous and frightening practice does more harm than good," Crook said.

Picture credit: Rex Features

A teenager in Lambeth has become the first young person convicted of rioting this summer to publicly apologise to a victim of the violent disturbances.

The youngster bravely agreed to meet a man whose KFC store was trashed during the riots in Brixton as part of a restorative justice programme organised by Lambeth council's youth offending service and Lambeth Met Borough police.

During the "emotionally fuelled" meeting the teenager heard how his actions had affected the man and later apologised for his behaviour. Accepting his apology, KFC store manager Roy, 42, even offered to mentor the young man through one-to-one chats in the future.

Roy said: "What happened that night was really unpleasant - the team were frightened and one of my colleagues was injured. The store was also damaged and tills taken. But meeting one of the young people involved that night has had a positive effect on us all. It's given him a better understanding of the stresses that were caused to victims and the implications.
 
"As the programme progressed I found myself becoming more and more proud of the young person for facing up to his actions. Toward the end he apologised and said he had been foolish and I could tell he was being genuine. We both got a lot out of meeting with one another and we have agreed to meet up again - possibly at KFC Brixton for another chat."
 
Lambeth Council Cabinet Member for Children and Young People's Service, Cllr Pete Robbins, said: "The young people have not been forced to take part in this process - they have volunteered to listen to the impact their actions have had on victims of the disturbances. By doing so have shown a certain degree of courage - they have apologised to their victims and considered the consequences of their actions."

The deadline for responses to the consultation on the Public Bodies Bill - which proposes the abolition of a large number of quangos, including (controversially) the Youth Justice Board - is fast approaching. (Next Tuesday, 11 October.) 

But if you were organised enough to submit your response before 20 September, you probably won't be too impressed to learn that you may need to submit it again...

Community Care understands that, due to a "technical issue", responses emailed to PBB.Consultation@justice.gsi.gov.uk before this date may have been lost in cyberspace and never received.

The Ministry of Justice has advised that any responses sent to this email address be re-submitted via the on-line questionaire to ensure they are received by the right team. And you can call them to check whether your response was received on 020-3334 6298.

Picture credit: Cara Photography

Young offenders are being released from prison without a National Insurance number, making it impossible for them to find work or claim benefits, campaigners have warned.

In a letter to Nick Hardwick, the chief inspector of prisons, Frances Crook, director of the Howard League for Penal Reform, described the problem as a "terrific, and avoidable waste", warning that it could lead to a "period of destitution" for many young people leaving custody.

Crook said the charity's lawyers had raised concerns about a number of recent instances where young people had left prison without a National Insurance (NI) number after being sentenced as children and released as adults.

"Without a NI number [young people leaving custody] cannot get a job nor can they claim benefits or crisis loans while they are seeking work or arranging education or training," Crook wrote. "Unless they are fortunate enough to have the support of their parents then a period of destitution is virtually inevitable."

Crook urged the inspectorate to remedy the problem immediately. "By the simple expedient of ensuring that young people do not leave custody without a NI number, the welfare of young people and the imperative of protecting the public will be much better served.

"I would be very grateful if you would ensure that this defect in current Prison Service practice is remedied as a matter of urgency," she wrote.

Click here to read Crook's full letter, which includes several illustrative case studies.

Picture credit: davco9200

A group of teenagers from Lambeth youth offending service have produced this short film about life after the riots in Brixton. They interviewed residents about the impact of the riots for the topical film project, which was funded by the charity Unitas and produced as part of the Lambeth Summer Arts College Scheme.

Interesting article from David Banks, a media law consultant, on why naming and shaming young rioters goes against the 'spirit of the law'.

Reacting to new Crown Prosecution Service (CPS) guidelines for prosecutors - which indicate when they should apply for the withdrawal of the automatic anonymity that protects young offenders - Banks writes:

"It ought to be noted by sections of the media baying for the naming of these child offenders that "naming and shaming" as an additional punishment - over and above the sentence - was ruled unlawful by the high court in 2001 in McKerry v Teesdale and Wear Valley Justices.

At least three looked-after children have been charged with criminal offences following the riots that broke out across England, it has been revealed.

An 11-year-old girl, who lives with foster carers in Derbyshire, was charged with criminal damage after witnesses saw her hurling stones at shop windows in Nottingham. The girl reportedly left her foster home when she heard about the riots, travelling with a friend to a McDonald's restaurant in the city centre. She was given a nine-month referral order.

Sky News reports that two looked-after children from South London were also caught up in the riots. A 17-year-old boy, from Streatham, pleaded not guilty to burglary and resisting arrest in connection with the theft of a bike worth £240. The court heard that he had been in care since he was 10 and that his mother was a drug user. He was remanded in custody until August 15. His care worker was in court.

A 14-year-old girl, from Croydon, pleaded guilty to stealing items from Argos including a camera and a games console. The court heard she was in long-term care and had been living with her current foster carers since January this year. She was given a youth referral order and released on bail. Her foster mother was in court.

Picture credit: Rex features

Council tenants found guilty of rioting over the last five nights could be evicted as local authorities across England vow to get tough on rioters and looters.

The London boroughs of Greenwich and Croydon and Manchester and Salford councils are among those clamping down on social housing tenants. It is not yet known where the tenants will be moved to or what the impact on children and families will be.

The moves are thought to be in response to an e-petition, signed by tens of thousands, calling for convicted rioters and looters to lose their benefits and be evitcted from their homes.

"No tax payer should have to contribute to those who have destroyed property, stolen from their community and shown a disregard for the country that provides for them," it states.  

So far, those charged with looting and rioting include an 11-year-old boy - the youngest rioter convicted so far - a charity worker, a primary school assistant and a millionaire's daughter.

Do you have a view on the riots? Get involved in the debate on CareSpace.

Picture credit: Rex Features 

By Rod Morgan (former Youth Justice Board chair)

There is huge uncertainty and gloom among youth justice workers at present. The axing of the Youth Justice Board (YJB) and significant budget cuts are combining with a bleak outlook for young people as the number of unemployed 16-24 year olds approaches one million.

But I would argue that scaling back criminal justice agencies combined with a lack of money for criminal justice intervention could be very positive in the long run.

Labour's record

The Labour Government 'governed through crime'. Despite many positive policies, it was 'tough on crime' and not 'the causes of crime' as it claimed.

Their punitive policies were particularly targeted at children. They removed all doubt about the criminal responsibility of 10-13 year-olds by sweeping away the doli incapax presumption.

They pressurised reluctant local authorities into using ASBOs against the young. They incentivised the criminalising of young people by setting targets for 'offences brought to justice'. The number of children criminalised and incarcerated soared.

This is despite all the research evidence that shows the likelihood of re-offending is increased rather than decreased by such actions, the UN Convention on the Rights of the Child and the enormous cost implications.

Big Society

If the Big Society is to mean anything it should mean getting away from governing through crime. This is one sphere where we genuinely need a smaller state; where the outcome of social order will be better achieved by non-criminal controls such as the family, the neighbourhood and the school.

Where decision-making and budgetary allocations are best devolved to local authorities and discretion restored to professionals such as social workers and police officers.

The transition is going to be painful and the risks are considerable.

Nine months ago the Independent Commission on youth justice, published Time for a Fresh Start outlining just such a direction of travel. It is not without its critics (see the recent Journal of Children's Services which I guest edited) but there is general agreement that it lays down a sensible way forward. Following the government's recent Legal Aid and Sentencing Bill it appears ministers are taking the recommendations seriously.

The trick which must now be pulled is to ensure that some of the savings resulting from reduced numbers of children in custody or appearing before the courts are returned, not to the Treasury to reduce the national deficit, but to local authority children's services and the voluntary sector.

Rod Morgan is Professor Emeritus at the University of Bristol and former chair of the YJB. He also edited the most recent edition of the Journal of Children's Services (June 2011) which draws together commentaries on youth justice and Time for a Fresh Start.

(picture: Rex Features)

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Also read:
Young offenders on remand to be given looked-after status

For Inform subscribers:
Guide to jointly delivering services: Youth offending teams and children's social care