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Care homes accused of being too quick to call police on children Care homes accused of being too quick to call police on children
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Vulnerable children are being criminalised over minor incidents despite guidelinesVulnerable children are being criminalised over minor incidents despite guidelines
Vulnerable children in care homes across the country are still being taken to court for damaging residential facilities or assaulting care staff, Guardian research shows – a sign the state has failed, according to one prominent MP.Vulnerable children in care homes across the country are still being taken to court for damaging residential facilities or assaulting care staff, Guardian research shows – a sign the state has failed, according to one prominent MP.
Government guidelines say police should not be used for low-level behaviour management or matters a “reasonable parent” would not call the police about. Prosecutors are not supposed to allow a case to progress unless they have consulted a 10-point checklist, which asks whether the child has apologised and requires the home to explain why it called police.Government guidelines say police should not be used for low-level behaviour management or matters a “reasonable parent” would not call the police about. Prosecutors are not supposed to allow a case to progress unless they have consulted a 10-point checklist, which asks whether the child has apologised and requires the home to explain why it called police.
But too many care homes continue to use the police as a “respite service”, with children in residential care 10 times more likely to be criminalised than other children, according to figures compiled by the Howard League for Penal Reform.But too many care homes continue to use the police as a “respite service”, with children in residential care 10 times more likely to be criminalised than other children, according to figures compiled by the Howard League for Penal Reform.
Yet that is almost certainly an underestimate, as it only counts children who have been in care for the last 12 months consecutively. When the Guardian monitored all 129 children passing through Greater Manchester youth court in August, 22 (17%) were looked after. A number of those were charged with low-level crimes committed within the care setting. Yet that is almost certainly an underestimate, as it only counts children who have been in care for the last 12 months consecutively. When the Guardian monitored all 128 children passing through Greater Manchester youth court in August, 22 (17%) were looked after. A number of those were charged with low-level crimes committed within the care setting.
John Drew, the chief executive of the Youth Justice Board for England and Wales from 2009 to 2013, said there remained too many “naysayers” in powerful positions, who wrongly insisted the criminalisation of looked-after children was “a diminishing problem”.John Drew, the chief executive of the Youth Justice Board for England and Wales from 2009 to 2013, said there remained too many “naysayers” in powerful positions, who wrongly insisted the criminalisation of looked-after children was “a diminishing problem”.
Drew – who is now a senior associate of the Prison Reform Trust, which three years ago published a report by Lord Laming on the criminalisation of looked-after children – said official statistics relating to looked-after children were “not worth the paper they are written on”. Figures from the Department for Education suggest that just 4% of looked-after children were convicted or cautioned last year.Drew – who is now a senior associate of the Prison Reform Trust, which three years ago published a report by Lord Laming on the criminalisation of looked-after children – said official statistics relating to looked-after children were “not worth the paper they are written on”. Figures from the Department for Education suggest that just 4% of looked-after children were convicted or cautioned last year.
Andrew Neilson, the director of campaigns at the Howard League, accused some care homes, particularly those that are privately run, of being too quick to call the police.Andrew Neilson, the director of campaigns at the Howard League, accused some care homes, particularly those that are privately run, of being too quick to call the police.
“Quite a lot of the children’s homes, both registered and unregistered, are privately run and it does seem particularly the very large companies that run these homes aren’t paying their staff very well, there isn’t much training being offered to them, and our contention is that this is driving this police involvement, where police are almost being used as a respite service,” he said.“Quite a lot of the children’s homes, both registered and unregistered, are privately run and it does seem particularly the very large companies that run these homes aren’t paying their staff very well, there isn’t much training being offered to them, and our contention is that this is driving this police involvement, where police are almost being used as a respite service,” he said.
David Lammy, the Labour MP who three years ago chaired a government review into the overrepresentation of BAME offenders within the criminal justice system, said: “The idea of ‘looked-after’ kids is one of the biggest oxymorons in our country. They are far from looked after too often. I happen to take the view that for those young people [who have been criminalised], the state has failed.”David Lammy, the Labour MP who three years ago chaired a government review into the overrepresentation of BAME offenders within the criminal justice system, said: “The idea of ‘looked-after’ kids is one of the biggest oxymorons in our country. They are far from looked after too often. I happen to take the view that for those young people [who have been criminalised], the state has failed.”
He suggested the criminal records of looked-after children should be immediately wiped at 18, unless they were continuing to commit crimes.He suggested the criminal records of looked-after children should be immediately wiped at 18, unless they were continuing to commit crimes.
Olivia Pinkney, the Hampshire chief constable and national policing lead for children and young people, said police needed to be “super alert” to “stop unnecessarily criminalising looked-after children in particular, who are already at higher risk of so many other things”.Olivia Pinkney, the Hampshire chief constable and national policing lead for children and young people, said police needed to be “super alert” to “stop unnecessarily criminalising looked-after children in particular, who are already at higher risk of so many other things”.
Last November, the government published a protocol designed to prevent criminalising already highly vulnerable children and young people where possible, which Pinkney said was already proving highly effective in some areas.Last November, the government published a protocol designed to prevent criminalising already highly vulnerable children and young people where possible, which Pinkney said was already proving highly effective in some areas.
Gerry Wareham, the Crown Prosecution Service lead on youth crime, insisted that before the CPS pressed the “nuclear button” of prosecution, it would make sure it had “tried everything else first”.Gerry Wareham, the Crown Prosecution Service lead on youth crime, insisted that before the CPS pressed the “nuclear button” of prosecution, it would make sure it had “tried everything else first”.
But he acknowledged that while it was one thing to “come up with a wonderful plan” to tackle the thorny issue of criminalising children in care, “it’s easy for these things to slip”.But he acknowledged that while it was one thing to “come up with a wonderful plan” to tackle the thorny issue of criminalising children in care, “it’s easy for these things to slip”.
Looked-after children are vastly overrepresented in custody. Three-quarters of the children held at the Keppel Unit at HMP Wetherby in North Yorkshire, which houses some of the most vulnerable and challenging young people in the country, have been in local authority care. Inspectors reported that one child there had experienced 46 placements in the four years before custody.Looked-after children are vastly overrepresented in custody. Three-quarters of the children held at the Keppel Unit at HMP Wetherby in North Yorkshire, which houses some of the most vulnerable and challenging young people in the country, have been in local authority care. Inspectors reported that one child there had experienced 46 placements in the four years before custody.
Darren Coyne, projects and development worker at the Care Leavers’ Association, runs a programme working with looked-after children in Keppel and other prisons.Darren Coyne, projects and development worker at the Care Leavers’ Association, runs a programme working with looked-after children in Keppel and other prisons.
He said far too many children were still being prosecuted for minor incidents and often ended up in court on multiple charges because an incident escalated: “So say someone chucks a cup and it breaks and staff call police. By the time they arrive, the child has sworn at staff and probably kicked off too. Then they might get done for resisting arrest or perhaps assaulting a police officer and by the time they are in court they have got five different charges. Magistrates don’t always look at the wider context of the charges and the care home setting.”He said far too many children were still being prosecuted for minor incidents and often ended up in court on multiple charges because an incident escalated: “So say someone chucks a cup and it breaks and staff call police. By the time they arrive, the child has sworn at staff and probably kicked off too. Then they might get done for resisting arrest or perhaps assaulting a police officer and by the time they are in court they have got five different charges. Magistrates don’t always look at the wider context of the charges and the care home setting.”
Caitriona McLaughlin, a criminal lawyer from the Stokoe Partnership in Greater Manchester, said almost all her youth clients were looked after and they were “very regularly” charged in relation to incidents at care homes.Caitriona McLaughlin, a criminal lawyer from the Stokoe Partnership in Greater Manchester, said almost all her youth clients were looked after and they were “very regularly” charged in relation to incidents at care homes.
Many of the children had been taken into care because they were victims of abuse, she said: “Police don’t properly investigate their perpetrators, yet if they do anything wrong they are straight before the courts. I represented one girl who had been abused by her father and taken into care because of it. She then allegedly assaulted a member of care home staff and was immediately arrested and put on trial. Thankfully she was acquitted but her father has still not been charged for abusing her.”Many of the children had been taken into care because they were victims of abuse, she said: “Police don’t properly investigate their perpetrators, yet if they do anything wrong they are straight before the courts. I represented one girl who had been abused by her father and taken into care because of it. She then allegedly assaulted a member of care home staff and was immediately arrested and put on trial. Thankfully she was acquitted but her father has still not been charged for abusing her.”