Links between care and offending

Dr Anne-Marie Day, lecturer in criminology, Keele University

A research study, funded by the Nuffield Foundation, has found that children in care face challenges that make them more likely to receive a custodial sentence than children who have not been in care. The additional challenges continue for children in care while they are in custody and on their release.

The research team, comprising myself, Dr Tim Bateman and Professor John Pitts, both from the University of Bedfordshire, in partnership with the South and West Yorkshire Resettlement Consortium, interviewed 48 children who were either in custody or on release in the community, conducted case file searches and interviewed 19 professionals.

Reasons for offending

The study – The Pathways of Incarcerated Children in Care – found that, prior to being sent to custody, many of the children were in residential care and described an environment and regime that acted in negative ways on how they viewed themselves. Examples included being placed away from home in unfamiliar areas; having to ask staff to unlock the kitchen and the toilet; not being able to bring their friends into the home; and being denied a mobile telephone and internet access until they complied with the rules. Black, Asian and minority ethnic children spoke about additional challenges such as being placed in “white” areas where they felt very uncomfortable and experiencing racism from other children in residential care.

In response to these challenges, the children discussed absconding from their care placement to run back “home” or onto the streets with peers, who were often viewed as family. The majority of offending was therefore linked to survival on the streets; and often involved “survival” offences to get money for food and clothes; or offences linked to protecting their lifestyle, status and identity. Some children spoke about the necessity of carrying a knife on the street as part of this survival.

Custody conditions

While in young offender institutions (YOIs), children spoke about the damaging impact of being sent hundreds of miles from their home, referred to by their surname, and their trainers being taken as part of the punishment regime. Many discussed their frustrations at being locked up for 23 hours a day with no-one to talk to. For some, this had a damaging effect on their mental health, leading to self-harm and suicidal thoughts. Looked-after children had, in addition, to deal with what they saw as the stigma of being in care; making them a target for bullying. They also experienced far fewer visits from family, limiting their interactions with the outside world and giving them the impression that no one cared. A number of children complained of being subject to pain-inducing restraints for what they perceived to be a minor issue.

The children survived custody by either fighting or “keeping your head down”. Fighting often meant they would be kept in isolation and locked up for 23 hours per day; leading to increased frustration and often triggering more challenging behaviour. Keeping their head down meant accepting things as they are; as a consequence, the frustrations experienced by children in care were often left unresolved and not brought to the attention of staff.

Resettlement

Children in care often do not know where they will live, or whether they will be able to settle in a job and training before they move again. One child described being taken to a semi-independent flat on release by his social worker, only to discover that another child was already living there. As a result, he spent one month living in a hotel, having to check in and out of his room every morning.

The study found that children in care experience more disruptions to their identity on resettlement, which was in direct contrast to children who had not been in care who were not as concerned with surviving the immediate future. By constrast, children in care find it harder to make longer-term plans.

Conclusions

The study concludes that children in care are interacting with an environment and others that challenges who they are and how they view themselves. The youth justice, care and custodial systems further compound this. As a result, many are developing an identity as a “survivor”, in which they have to find a way to make it on their own. The research team’s recommend­ations (see below) aim to reduce the risks of young people in care being criminalised and improve conditions for them in custody.

KEY RECOMMENDATIONS FROM THE RESEARCH

• Undertake a national audit of residential care considering where care placements are available matched to need.
• Ensure a residential placement is found at least two weeks prior to custody release. Where this is not the case, it should be escalated to the director of children’s services.
• Improve flexibility in sentencing and release dates. Allow early release if a suitable address or college course is found several weeks before a child’s official release date.
• Overhaul behaviour management scheme in YOIs with a child-friendly version, including ending the use of pain-inducing restraint.
• Extend face-to-face contact or phone calls with family, friends, and professionals to all children in custody from their cell or bedroom.
• Make release on temporary licence – managed by youth offending teams not custodial staff or the youth custody service – a right for all children to aid effective resettlement.

Source: The Pathways of Incarcerated Children in Care