By Barry Goldson

This article analytically excavates youth justice reform (in England and Wales) by situating it in historical context, critically reviewing the competing rationales that underpin it and exploring the overarching social, economic, and political conditions within which it is framed. It advances an argument that the foundations of a recognisably modern youth justice system had been laid by the opening decade of the 20th Century and that youth justice reform in the post-Second World War period has broadly been structured over four key phases. The core contention is that historical mapping facilitates an understanding of the unreconciled rationales and incoherent nature of youth justice reform to date, while also providing a speculative sense of future prospects.

Howard Journal of Criminal Justice 59(3): 317-334, 2020

By David Foster

There is currently no general statutory obligation for individuals in England to report child abuse. Government statutory guidance on safeguarding, says “anyone who has concerns about a child’s welfare should make a referral to local authority children’s social care and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so.” While this does not impose a legislative requirement to report abuse, it creates an expectation that those working with children will comply with the guidance unless there are exceptional circumstances.

In addition, some individuals are required to report child safeguarding concerns under standards or codes of conduct set by their professional regulatory body. A failure to adhere to such standards may result in misconduct or fitness to practise proceedings against them.

Mandatory reporting duty

There have been calls for a mandatory duty to report known or suspected child abuse and neglect to be introduced for specific groups, such as social workers and teachers. Proponents argue that a mandatory reporting duty would offer greater protection to children. However, others fear it could create a ‘needle in the haystack’ effect and result in a ‘tick-box approach’.

Independent Inquiry into Child Sexual Abuse

The final report of the Independent Inquiry into Child Sexual Abuse, published in October 2022, said children had suffered as a result of “a marked absence of a cohesive set of laws and procedures in England and in Wales that require individuals working with children to report child sexual abuse”.

The report recommended the UK Government and the Welsh Government introduce legislation placing certain individuals – ‘mandated reporters’ – under a statutory duty to report child sexual abuse in prescribed circumstances (for example, where they observe recognised indicators of sexual abuse).

The report recommended it should be a criminal offence for mandated reporters to not report child sexual abuse when a child or perpetrator discloses it to them, or they witness a child being sexually abused.

Government commits to introducing mandatory reporting duty

In April 2023, the UK Government committed to introduce, subject to consultation, a mandatory reporting duty for those working or volunteering with children to report child sexual abuse.

Following on from an earlier call for evidence, on 2 November 2023, the Government launched a consultation setting out proposals for a mandatory reporting duty and seeking views on “a small but significant set of undecided policy questions.” The consultation closes on 30 November.

Following a previous consultation in 2016, the Government decided against introducing a mandatory reporting duty.

Research Briefing. London: UK Parliament, House of Commons Library, 2023. 23p.

By Kara Apland, Hannah Lawrence, Jeff Mesie and Elizabeth Yarrow

This paper reports the findings from an evidence review ofthe views, perspectives and experiences of children in involved in gangs, on matters related to their subjective wellbeing. The report forms part of a series of studies examining the subjective wellbeing of vulnerable groups of children in England. This series was produced as part of a larger project focused on improving evidence about childhood vulnerability. Objectives of the review The main objectives of the review were:  to identify, appraise and synthesize published qualitative evidence on the subjective wellbeing of children in detention in England  to draw out key findings and conclusions from the evidence, as well as identifying any important gaps.

London: Children’s Commissioner for England, 2017. 39p.

By Rosemary Barberet, Benjamin Bowling, Josine Junger-Tas, Cristina Rechea-Alberola, John van Kesteren, Andrew Zuruwan.

In 1990 a group of mainly European criminologists embarked on a large comparative study of juvenile delinquency through the use of the self-report method. This methods consists of surveying youths in the general population and asking them directly – in private and in a non-stigmatising manner – about their possible involvement in antisocial and delinquent behaviour. For comparative criminological purposes, it can be seen as superior to other measurements of youth offending, largely because of the common definitions used. Although the self-report method has been used since the 1940s and is judged to be reliable and valid overall by the criminological scientific community, until 1990 no large scale comparative study had ever taken place. This report represents a more intensive analysis of the same data but for three selected European countries: England and Wales, The Netherlands and Spain. These countries represent different regions of Europe and also obtained the support of their respective Ministries of Justice in the funding of fieldwork with relatively large national samples. The authors of the report are the original participants in the self-report study, including its instigator, Josine Junger-Tas. This report received DG XX II funding in 1997-1999 under Action E.II of the ‘Youth for Europe’ programme, and represents a first step in the establishment of a European research agenda on youth offending and deviant behavior. Findings from the analyses reveal broadly similar patterns and correlates in juvenile offending in the three European countries examined, set against different reactions to the same on the part of legal institutions. Social control theory, the core theory used in the study, suggests that the social bonding of youth to prosocial others, commitments, activities and beliefs can be an important way of explaining and preventing youth offending. In a similar fashion, structuring the opportunities available to youth which facilitate offending can also reduce delinquent behavior and its harmful results. The report highlights a number of intriguing differences among the three countries which only substantiates the fact that in terms of juvenile justice policy, European countries have a great deal to learn from each other. The report is divided into ten chapters, each of which details a different aspect of the self-report questionnaire, which appears in the Appendix. The tenth chapter consists of conclusions and research and policy recommendations. An effort was made to use clear and simple language to enable the layperson to grasp the essence of the research, without sacrificing methodological rigour in the analyses, in the tradition of good applied criminological research. It is the hope of the authors that this report will lay the foundation to the establishment, on a European level, of research-based policies aimed at preventing and intervening in the area of juvenile offending.

Helsinki: European Institute for Crime Prevention and Control, 2004. 181p.