Is care a stepping stone to custody?

December 2011

What I’ve heard from different police officers when I’ve been arrested, it’s like, ‘you’re a kid in care, you’re never [going to] get out of this way of life. You’re in care, kids in care are always on drugs, kids in care always make themselves unsafe, kids in care always self-harm’. So they sort of put a title on kids in care like they’re something bad.” 16 year old girl with a conviction   

New research from the Prison Reform Trust and National Children’s Bureau (NCB), indicates that 'looked after' may be a misnomer when it comes to some children in care. Most children are taken into care because they have been abused, neglected or experienced family breakdown. The state is supposed to look after them and protect them from further harm. Yet looked after children are far more likely to be convicted of a crime and end up in custody than other children.  

•    Fewer than 1% of all children in England were looked after at 31st March 2011.
•    The 2010-11 annual survey of 15-18 year olds in prison found that more than a quarter of boys (27%), and over half of girls (55%), had been in care at some point before being sentenced to custody.

Drawing on interviews with looked after children, the report, Care – a stepping stone to custody? The views of children in care on the links between care, offending and custody, considers whether any aspects of the care system increase the likelihood of, or help prevent, offending.  The children say very basic things would make a difference – feeling that at least one adult cares what happens to them, having a stable home placement and having a say in the decisions which affect their lives.  The report makes clear that it is the care system, rather than the justice system, which could really make a difference to offending by looked after children. By consistently treating children in care as individuals who need love, respect and hope, we could reduce their offending and help to give them the best possible start to life beyond the care system.  

The research project was guided by an advisory group of young people in care and care leavers convened by Voice. The report’s recommendations, which draw on the children’s views on ways in which the care system can better support them, include:

•    Making sure local authorities fulfil their statutory obligations to looked after children wherever they are placed.
•    Allowing children to stay in placements where they are happy and involving them in the decisions which affect their lives.
•    Protecting children from regular changes in social work staff by ensuring every child in care has one consistent adult in their life who will respect and support them.
•    Making sure that local authorities treat children in care who get into trouble as any other parent would.
•    Maintaining contact with looked after children who end up in custody through regular visits and putting plans for their release in place at the earliest opportunity.

The National Children’s Bureau’s Dr Di Hart, an author of the report, said:
These interviews serve to remind us that there is no quick fix to reducing the involvement of looked after children in the criminal justice system.  Each child has their own unique strengths and vulnerabilities and the adults working with them must provide a care experience that reflects these. When it comes to the risk of offending, quality really does protect.”

In his foreword to the report, Lord Laming said:
It is a huge step for the state to assume the parenting of a child or young person. With that comes the responsibility to provide stability, security and hope for the future. Sadly, the failure to secure   proper care and support at this time, so critical in the development of the child, results in the continuation of the downward spiral towards imprisonment. We must not stand by and allow wasted opportunities to result in wasted later lives.”

Juliet Lyon, Director of the Prison Reform Trust, said:
Let down by families and local authorities alike, far too many children find themselves on the dreary, damaging route from care to custody. Too often the state proves to be a poor parent as the tiny minority of children in care become the substantial number behind bars.”
 
Astrid Bonfield, Chief Executive of The Diana, Princess of Wales Memorial Fund, said:
Children in care are some of the most vulnerable young people in our society. Many have experienced abuse and neglect, others the death of a parent or sibling. Most experience a disrupted education and move home many times during the most formative period of their lives. This important report provides recommendations for policy-makers and practitioners on how aspects of the care system could be enhanced to reduce the risk of children and young people entering the criminal justice system. Coming as this does from those who have first-hand experience of the care system – looked-after children themselves - we would all do well to give it our special attention.”