Home » Criminal justice
Category Archives: Criminal justice
“These children are in our care; we, the state, are their parents- and what are we setting them up for…the dole, the streets, an early grave? I tell you: this shames our country and we will put it right.”
David Cameron MP, Prime Minister October 2015 at the Conservative Party Conference.
Well, I think it would be fair to say that politicians’ minds have not been exercised unduly over the fate of care leavers since David Cameron made the above promise in 2015. I worked with children in care and care leavers involved in the youth justice system for over thirty years and although his analysis of the outcomes for care leavers was simplistic and crude, tragically Cameron’s statement rings true for many of those leaving care.
With regard to the criminal justice system, Lord Laming’s independent review “In Care, Out of Trouble” http://www.prisonreformtrust.org.uk/Portals/0/Documents/In%20care%20out%20of%20trouble%20summary.pdf, notes that there is no reliable data on the numbers of looked after children in custody. However, based on data from a number of sources, the review came to the conclusion that around 400 looked after children are in custody at any one time. The total number of children in custody for July 2019 is 817. So, slightly less than half of those children in custody are looked after children according to the best estimates available, drawn from different sources. http://youthjusticeboard.newsweaver.co.uk/yots2/1g2x6m3h9q315chudc9elc?email=trueYJBulletin
Moving the spotlight, a huge 40% of care leavers are not engaged in Education, Training or Employment and only 6% of care leavers gain entry to university https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/464756/SFR34_2015_Text.pdf . This at a time when around 50% of children now have access to Higher Education and the opportunities that this can provide. Also, 20% of young people who are homeless have previously been in care.
Naturally, we have to be careful to provide a level of balance to the above rather desperate and shocking figures. Lord Laming’s review found that 94% of children in care did not get in trouble with the law. However, children in care are six times more likely to be cautioned, or convicted of an offence than children in the wider population. Furthermore, children in care who come to police attention are more likely to be prosecuted and convicted than cautioned when compared to the wider child population.
So, what has happened since 2015 when David Cameron declared his intention to “put it right”? In truth, there have been some steps forward and these need to be celebrated and built upon. The Care Leaver Covenant, a promise made by private, public or voluntary organisations to provide support for care leavers aged 16-25 has meant the availability of employment opportunities for young care leavers in the Civil Service, local authorities and a range of private sector organisations. Closer to home, here at the University of Northampton, we have launched a new package of support for care leavers who want to study with us. The package offers the possibility, from 2020, of a fully funded place in our Halls of Residence for the first academic year, a contract which extends their accommodation lease to include the summer vacation. A block for many care leavers entering Higher Education is the very real issue of where to live at the end of the academic year, so this tries to address this issue. Another block experienced is financial hardship; the offer provides a non-means tested financial award of up to £1,500 per year to help with course and living costs, and this alongside the local authority’s statutory responsibility to support access to higher education may also help. We also have a designated member of support staff to provide advice and guidance. All these demonstrate our commitment to widening participation and encouraging ambition.
Of course, this is only part of the picture. Arguably, our engagement with young people in care needs to start shortly after their transition to secondary school. The wider social structures which perpetuate disadvantage and poverty will continue to challenge those who are children in care and leaving care. The “adverse childhood experiences” – a rather unedifying term for physical, sexual, and emotional abuse perpetrated by carers or parents-will still have an impact for this group and potentially impair their ability or commitment to study.
If however, I learnt anything from my years working with children in care and children leaving care, it is that you should not underestimate their ability to overcome the obstacles placed in their way. With the right support and a child centred approach, education can provide the right framework for opportunities. Victor Hugo famously said that if you open a school door, you close a prison. Let’s kick open the door of Higher Education a little wider and increase the life chances of these children in OUR care.
As a footnote, I should say that my mum was in care from the age of four until she was fifteen when she was adopted. I would therefore be happy to acknowledge that this has some influence on my perspective and my interest in this group of young people.
Dave Palmer Lecturer in Criminal Justice Services
In the midst of the marking mountain (currently at Everest base camp), it is nice to reflect on another aspect of my role as a lecturer in criminology – teaching. In between marking I was thinking about putting together a seminar to focus on the meaning of justice and how this relates to broader structural inequalities, human rights and the need for reform. This is to contribute to my new module on ‘community justice’, as it is a place where I want to examine these terms as separate concepts, and also as a term which encompasses punishment delivered outside the prison walls, in spaces where people live, work and interact with others.
I always think it is important for students to critically examine accepted definitions and in this case, the many social constructions of justice. The article I came across, ‘Discussing Alternatives to Justice’ (edited by Allison and McMahon, 2015) very nicely presents a series of debates, discussions and poses important questions which require us to re-examine the criminal justice system and our society. It is presented as a series academics presenting radical changes they would make to shift us away from a punitive, ineffective and socially harmful system.
Professor Steve Tombs starts off the debates asking for an ‘alternative to the corporation’ – describing is as an ‘amoral, essentially destructive entity which causes far more physical, social and economic harm than the incivilities upon which criminal justice systems overwhelmingly concentrate’ (Tombs, 2015: 3). There is a clear need to reconsider our notion of what is criminal when we examine those events which lead to extensive social harms, but also the social structures and policies which enable these harms to occur and accept a muted response from our justice system. One theme of Tomb’s article is the need to shift the ownership and governance of services from the private sector to the public sector, to improve compliance and adherence to regulations and safety concerns. He also demands a need to challenge claims of efficiency and effectiveness – anyone seeing recent developments in probation and the consequences of the Transforming Rehabilitation agenda should also be asking some pertinent questions about such claims. This requires a radical shift from our acceptance of remaining a consumerist society, and placing trust in corporations to understand there are many other ways to structure economics and the distribution of capital, such as social and employee owned enterprises and co-operatives. Bell (2015) continues this theme with a rallying call to shift from neoliberal politics which have ‘fuelled the current penal crisis, characterised by mass incarceration and the criminalisation of social problems’ (p.4). For me, these two articles already present different ideas, debates and reinforce the need for students to consider crime and justice in the context of social, political and economic systems. This would then also enable a more critical examination of justice – especially a criminal justice system which is harmful, punitive and ineffective. Bell (ibid) aptly critiques neoliberalist claim of freedom of choice as misrepresentations which actually enable corporations to use the Earth’s resources without consideration for the harms caused to consumers, who accept this risk in favour of cheap goods and services and the promise of more to come. She advocates a participatory democracy in all forms of life, including penology, to allow offenders to be part of the discussion on ways they can redress harms and shift the notion of justice from being predominantly punitive, to restorative and reparative.
Pike, (2015) then provides a more focused policy idea change – to build more schools and fewer prisons. This echoes the theme of this edited collection, to pose radical changes, and reinforces the need to understand crime as a reflection of an unequal society. There is a clear focus on prevention, not punishment, a need to rethink justice as a reactive force, to a more stabilising force (Rawls, 1971). Education is presented as vital to creating a more fair society and to stop the discrimination against the disadvantaged who are disproportionately present in our victimisation figures and our justice system.
In a discussion close to my own interests, Drake and Samota (2014) discuss the need for collective capacity in policy making, to understand the impact of the apathy which has allowed a rhetoric of being tough on crime to dominate, and indeed to be overtaken by the language of war and conflict as the only adequate response. This collective needs to comprise academic criminologists, practitioners, volunteers – those understanding crime and justice from a range of perspectives to come together and share expertise, engage the public in these debates and stimulate discussion on viable alternatives. This would be a firmer foundation for policy making, compared to the knee jerk reactions of ministers attempt to appease public outrage, fuelled by media misrepresentations. Drake and Samota (ibid) also refer to the misunderstanding of justice among the public and the need for collective hubs to counteract the misleading news and spin which feeds populist punitiveness and the assumptions that justice must be retributive and deterrent, and little else.
It may seem at first glance these are complex ideas for undergraduates to grapple with, but with guided discussion, debate and using examples to illustrate what is meant by social harms, injustices, ineffectiveness, I think they could form an important foundation for learning about the criminal justice system, and what we understand as criminal. It is with these ideas in mind, that students can then perhaps understand the need to critically examine what they then learn in their studies, and they also chime with younger generations broader concerns about inequalities, social justice and social harms. It may well be the case with the rising engagement in politics, concerns about the environment and the impact of consumerist lifestyles, that these ideas are not so complex or radical as they might at first seem.
Allison, C and McMahon, W. (2015) Discussing Alternatives to Criminal Justice, Centre for Crime and Justice Studies, London.
Rawls, J. (1971) A Theory of Justice, Harvard University.