Black and Mixed Heritage children face harsher penalties in youth justice

Black and Mixed Heritage children in England face harsher penalties than their White peers, even when they have committed the same offences, according to a new report.

Researchers from Manchester Met’s Manchester Centre for Youth Studies and the University of Bedfordshire, funded by the Nuffield Foundation, published their findings in a report examining the extent and nature of racial disproportionality when young people come into contact with the youth justice system.

Academics reviewed national and international literature, sent out a survey to all youth justice services, spoke to 34 children who had been diverted from the youth justice system, interviewed 50 youth justice practitioners, and analysed 42 case files.

Findings revealed that during the diversion process – intended to steer children away from being formally convicted and given a criminal record - the police were the primary decision-makers, and when decisions about children were made solely by the police or courts, racial disproportionality and geographical disparities increased.

In relation to education, many children had been excluded from school which was often the beginning of a child’s journey into youth justice diversion.

Many of those excluded reported experiencing racism at school, from both teachers and peers, and when they reported these incidents, they often felt ignored or treated unfairly.

The study also found that most of the children had unidentified Special Educational Needs and Disabilities (SEND) and/or neurodivergent conditions.

Dr Anne-Marie Day, Lecturer in Criminology at Manchester Met, said that more and more children are being diverted away from the formal youth justice system, but this appears to be benefiting White children more than Black and Mixed Heritage children.

“We have made a range of pragmatic, cost-effective recommendations that could reduce racial disproportionality at the gateway to the youth justice system and would urge policymakers to give them careful consideration.”

Racial disproportionality in the youth justice system has long been an issue. The landmark 2017 Lammy Review – an independent review of the treatment of, and outcomes for, people from ethnic minority backgrounds in the Criminal Justice System (CJS) – said that racial disparities in the youth justice system were the “biggest concern” and had significantly worsened over time.

Dr Isabelle Brodie, University of Bedfordshire, said the study makes an important contribution to the evidence on disproportionality and diversion.

“[The research] draws on a wide range of sources and demonstrates how race interacts with the experiences of Black and minoritised children, both before and during their experiences of the youth justice system.”

Recommendations around diversion decision-making include the need for youth justice professionals to be consulted on decisions made in police custody for all children, to better inform decisions and ensure more children are offered alternative options.

According to the report, multi-agency decision-making is needed as early as possible, and the panel should include membership from the youth justice service, police, victim liaison, education, the third sector, and the local community.

Rob Street, Director of Justice at the Nuffield Foundation, which funded the research said racial disparities in the youth justice system are a “persistent and deeply concerning issue”.

“The value of this research is in shedding new light on how it might be tackled in practical terms, by looking closely at the decision-making processes that contribute to these differences in treatment.”

Recommendations across education include youth justice practitioners attending school exclusion hearings where there is criminal justice involvement, and when children are at risk of permanent exclusion schools should assess if they have any SEND or welfare needs.