By HM Inspectorate of Probation

During the course of this remote inspection in April and May 2021, we examined the quality of work delivered by YOSs in Manchester, Lewisham, Nottingham, Haringey, Hackney, Leeds, Sheffield, Liverpool and Oxfordshire. All YOSs were selected due to the volume of their caseload and an over-representation of black and/or mixed heritage boys in their services, as recorded in the Youth Justice Board (YJB) disproportionality toolkit data. We looked at the work delivered through a lens that considered the child’s ethnicity, their diversity and any experiences of discrimination. We examined 173 cases of black and mixed heritage boys (59 out-of-court cases and 114 post-court cases), which had commenced within the previous 12 months. We interviewed 99 case managers. We also interviewed senior managers from the YOSs, and held focus groups with case managers, middle managers, partnership staff, volunteers and the youth offending service strategic management boards. Our work was also informed by surveys completed by staff, parents, volunteers and magistrates. We undertook a week of meetings with representatives from national organisations, including the Youth Justice Board for England and Wales, the Home Office, the Department for Education, Ofsted, the Magistrates Association, the Chief Executive Officer for the Association of Police Crime Commissioners and the National Police Chiefs’ Council. An expert reference group contributed to this report by advising on strategic, technical and operational issues associated with the subject and services under inspection (Annexe 3). It represented the views of key stakeholders in the areas under scrutiny, and commented on emerging findings and final recommendations. We commissioned the services of ‘User Voice’, who met with 38 black or mixed heritage boys to gather their perspectives on the services that they had received from the YOSs. The boys also helped us understand some of the challenges they face in their day-to-day lives and what could be done to help. A report from User Voice is published alongside this report. Key findings and quotations have also been incorporated in this report. Inspectors spoke with a small number of parents whose children were, or had been, involved with the YOS and who requested a meeting. What we learned about the boys In all services we inspected, staff and managers told us that the large majority of black and mixed heritage boys in the youth justice system had experienced multiple adverse childhood experiences (ACEs) and had high levels of need, such as special educational needs (SEN) and mental health difficulties, which had not always been identified or properly addressed until they came into contact with the YOS. This raises questions and concerns about the support they received from mainstream services before their involvement with the youth justice system. Reports of high levels of unmet need for black and mixed heritage boys entering the youth justice system was a consistent theme of this inspection. There was a general consensus among YOSs that, had problems and difficulties been addressed earlier in the children’s lives, there could have been a different outcome for them. In the post-court cases we inspected, 60 per cent of the boys were, or had been, excluded from school, the majority permanently. Almost a third had been victims of child criminal exploitation. In half of the cases inspected there was evidence (where it had been recorded) that the child had experienced racial discrimination. A third of the boys had been subject to Child in Need or Child Protection plans. The majority were not ‘heavily convicted’ (i.e. they had only one or no previous convictions), and in over a quarter of cases (where information had been recorded) the child had a disability. They were reported to be more likely than other groups of children to have an education, health and care (EHC) plan, and equally as likely again to have special educational needs that had not been identified or addressed. The boys had grown up in the poorest areas of their towns and cities and had often been exposed to the violence and family breakdown associated with poverty. Racial discrimination was also a feature in the lives of the boys. For the most part, they accepted it as being ‘just the way it is’. This acceptance is as significant as the experience itself, when considering their development, their circumstances and their future.

Manchester, UK:: HM Inspectorate of Probation, 2021. 71p.

By Maria Jerram, and Tammie Burroughs

Based on effective practice identified during our thematic inspection of the experiences of black and mixed heritage boys in the youth justice system (2021). The guide explains why it is important to consider ethnicity in practice. We provide an overview of our standards and expectations in this area around leadership and case supervision.

Following this, we reflect on the learning from black and mixed heritage boys interviewed for the thematic inspection, including a video of the main themes.

There is also a focus on leadership and working in partnership. Examples of effectiveness are shared from the following: Haringey’s disproportionality project and systemic leadership, Hackney tackling disproportionality in stop and searches and out-of-court disposals (supported by two videos), Lewisham’s anti-racist strategy (including a video), Lewisham’s specialist services provided by the YOS family therapy team (LYFT) including videos sharing the teams insight into engagement, the importance of working with carers/parents and the systemic approach.

There is then a focus on case supervision, we share key themes practitioners should consider in their work, and interview two culturally competent practitioners to share practical tips from their work and identify key learning.

We conclude with overall key takeaways, further reading and resources for those wishing to explore this area further.

Manchester, UK: Her Majesty’s Inspectorate of Probation , 2021. 46p.

By Chris Yarrell

In the wake of the COVID-19 pandemic, approximately 55 million schoolchildren have been compelled to attend school remotely. However, despite this nationwide shift to virtual schooling, the school-based disparities that long pre-dated the pandemic have been laid bare and exacerbated. This is painfully evident in the context of the school-to-prison pipeline (STPP). Indeed, despite Congress’ historic investment in the school recovery effort through the passage of the CARES Act, recent research confirms that the majority of the states and localities have devoted scant, if any, federal recovery dollars to dismantling the STPP. Without a meaningful commitment by states and localities, our nation’s most vulnerable students will continue to be pushed out of the schoolhouse and into the criminal legal system. Therefore, a more feasible legal alternative to dismantle the STPP is needed.

Despite the treatment that the school recovery effort has received in judicial opinions and legal scholarship in response to the pandemic, neither has undertaken an exhaustive analysis of the school recovery process and its impact on the STPP. This Article aims to fill that gap. To do so, it makes two broad claims. First, the Essay provides a timely review of how states and localities have addressed the STPP with federal recovery aid. Next, it argues that the response to the pandemic fails to advance meaningful reforms that could begin dismantling the STPP. Lastly, the Essay contends that, to begin this process, prospective litigants should leverage the doctrine of stare decisis to overturn Alexander v. Sandoval under its “unworkability” analysis. By overturning Sandoval, future litigants will again be empowered to remedy disparate impact discrimination under Title VI of the 1964 Civil Rights Act. In so doing, parents and students will stand a fighting chance of remedying the disparate educational harms caused by the STPP in both the near- and long-term.

23 Berkeley J. Afr.-Am. L. & Pol'y 1 (2023)

Edited by Shafiur Rahman; Osmani Trust

One in five prisoners in the UK is Muslim, yet only 6.5% of the population identifies as Muslim. That stark figure raises huge concerns about Muslims within the criminal justice system, and the place of Muslims in wider society. It raises some urgent and significant questions about why Muslims are so egregiously overrepresented in prisons and the need to better understand what actions are required to prevent such high offending and re-offending levels. When we consider that the proportion of Muslims in prison has doubled in a decade, we rightly ask - what is going wrong within the system and our society? This report Rebuilding Lives Young Muslims from Criminal Justice System to Community Resettlement highlights a range of issues from islamophobia within the criminal justice system, to the systemic and chronic disadvantage faced by many in the Muslim community. It is impossible to divorce the rise in Muslims in prison from broader social trends: the collapse in government support for youth services, the rising levels of crime, the rise in Islamophobic attacks, racism within the police and criminal justice system, and the cost-ofliving crisis which disproportionately hammers poorer communities. Social and economic conditions play a role in the rise in crime. If our contemporary society turns its back on, and stigmatises, a generation of Muslim young people, we should not be surprised if a minority turn their back on social norms and are seduced into criminal activity. We must always tackle the causes of crime as well as crime itself and ensure policies are put in place to reduce re-offending among this group as well as others who commit crimes and end up in the prison system. As the report makes clear, once young Muslims enter the criminal justice system, they face discrimination and racism, further exacerbating feelings of alienation and disengagement from society.

London: Osmani Trust, 2023. 58p.

Jessica K. Heldman and Geoffrey A. Gaither

Racial disproportionality and disparity have long been characteristic of both the child welfare and youth justice systems. The origin of these systems continue to plague children, families, and communities. The impact of racism upon dual status youth—children who encounter both the child welfare and youth justice systems—is particularly concerning. Dual status youth tend to experience worse outcomes in a number of domains than youth involved in only one system. Dual status youth are also disproportionately Black —significantly more so than in any single system. Efforts to reform the youth justice system in recent years have included initiatives to improve outcomes for dual status youth and to interrupt the trajectory of dual system involvement—primarily the movement of youth from the child welfare system into the youth justice system. Other initiatives have sought to reduce or eliminate the racial disproportionality and disparities within both the child welfare and youth justice systems. This article suggests that each of these reform efforts must inform one another, and to make progress, both systems must acknowledge their shared history of racial discrimination and commit to transformative solutions. Part I of this article explores the phenomenon of dual status youth by reviewing existing research that identifies risk factors for dual status, including system experiences that too often contribute to dual system involvement, particularly for Black youth. Part II provides context for how racial discrimination affects Black dual status youth by exploring how both the child welfare and youth justice systems have historically interacted with Black children and families, highlighting examples of systematic discrimination in both systems. This section provides a brief synopsis of the evolution of child welfare and youth justice policy and the pervasive disenfranchisement of, disregard for, and dehumanization of Black youth and families within that policy context. Part III reviews evidence demonstrating that the disparate experiences of Black children and families are not simply a vestige of a bygone era, but persist today through multiple points of decision-making within these systems. This review highlights the policies and practices that compound the risk of Black foster youths’ initial and deepening involvement with the youth justice system. Part IV offers a starting place for the work of addressing disproportionality and disparities impacting Black dual status youth, challenging jurisdictions to commit to an anti-racist framework based on recognition, reorientation, and responsibility. This framework aims to create a foundation for crafting transformative solutions that positively impact children and families— particularly Black dual status youth.

I42 CHILD. LEGAL RTS. J. 21 (2022).

By The Annie E. Casey Foundation

The Annie E. Casey Foundation has found large and widening gaps in youth detention by race and place in its three-year analysis of the effects of the coronavirus pandemic on juvenile justice systems. When it comes to the odds of being detained, young people in the United States live in different worlds, depending on their race and the region and jurisdiction where they reside. The disproportionate use of detention for Black youth — already distressingly high before the pandemic — has increased. Also, over that three-year period, where youth lived mattered to a greater extent to their odds of being detained than it did before. The data from Casey’s monthly survey offer an unparalleled glimpse into what’s been happening in juvenile justice systems around the country over the past three years. Nationwide, youth detention fell sharply at the start of the COVID-19 pandemic; largely held at that low level for a year; and then steadily returned to its prepandemic level. After falling by as much as 30% in the first few months of the pandemic, the number of youth held in juvenile detention in survey sites on January 1, 2023 (3,436 young people), rose to almost exactly the level reported on January 1, 2020 (3,410 young people) — and was rapidly increasing. Beneath the surface of that simple story, the Foundation observed significant and concerning changes, especially for Black youth: • Black youth were almost 10 times more likely to be detained than their white peers on January 1, 2023. Prior to the pandemic, Black youth were detained at more than six times the rate of white youth. • The overall population has returned to its old level — and for Black youth surpassed it. Even though the rate of admissions to detention centers is still much lower for Black, Hispanic and white youth than it was before the pandemic, the population has rebounded — and even surpassed its prepandemic level for Black youth. Why? Because the young people in detention, especially Black youth, are staying there longer. Since the early days of the pandemic, a protracted slowdown in the pace of releasing youth from detention has kept the detained population higher than it should be — more than 70% higher as of January 1, 2023, than it would have been if releases kept pace with their pandemic-era highs. • Local differences in the use of detention across states and localities have increased dramatically. Jurisdictions that had similar patterns of detention use at the start of 2020 adopted vastly different patterns over the course of the pandemic. When comparing the third of sites with the biggest increases in detention over the past three years with the sites with the biggest decreases, the data showed one group had slashed its use of detention by almost 30% while the other had a 60% increase. • Survey jurisdictions in the Midwest, which already had higher rates of detention than those in other regions before the pandemic, have had the largest increases since then. Using the U.S. Census Bureau’s definitions of Midwest, Northeast, South and West, a comparison of trends by region shows that survey sites in the Midwest had a detention rate 60% higher than those in other regions in January 2020. Three years later, that gap had grown to 80%. Racial and ethnic disparities were highest in the Northeast before the pandemic and increased even more than other regions, mostly due to a severe slowdown in the pace of releases for Black youth.

Baltimore, MD: Annie E. Casey Foundation, 2023. 23p.

By M e g h a n R . O g l e

The Center for Juvenile Justice Reform, in partnership with Stoneleigh Foundation, presents, “Advancing Racial Equity in Pennsylvania’s Youth Legal System.” Authored by Stoneleigh Emerging Leader, Dr. Meghan Ogle, this report details the work of seven county-based teams (representing Allegheny, Chester, Lancaster, Lehigh, Montgomery, Philadelphia, and York Counties) and one state-based team in Pennsylvania who participated in CJJR’s Advancing Racial Equity and Justice in Youth Legal Systems Certificate Program in September of 2021. After engaging in the weeklong Certificate Program in Harrisburg, Pennsylvania, these multi-disciplinary teams of youth legal system officials and partners developed Capstone Projects designed to advance racial equity and reduce disparities faced by youth of color involved in the youth legal system. This report details the Capstone Projects developed by each of the teams, baseline data analyzed, implementation progress, and initial outcome measures. It also highlights lessons learned in the process, including common challenges faced by the participating sites, as well as promising strategies.

Washington, DC: Center for Juvenile Justice Reform Georgetown University, 2023. 37p.

By Allex R. Piquero, Michael T. Baglivio and Kevin T Wolff

There has long been a concern about the imposition of monetary sanctions on the risk of recidivism, but much of this work has been conducted among adults, and very little among youth. Moreover, virtually no work has considered this issue across race and ethnicity. This study uses both quantitative and qualitative data to examine this issue. Several key findings emerged from our work. First, while there were no race/ethnic differences in the proportion of youth receiving fines, when fines were administered both black and Hispanic youth were administered significantly higher fees. Second, youth residing in areas with greater concentrated disadvantage had higher amounts of fees assigned (when assigned fees). Third, after youth were matched, analyses indicated fees increased the likelihood of recidivism, as did being black or Hispanic. Fourth, when we considered the interaction between race/ethnicity and both fees and restitution, results showed two race/ethnic differences: whereas Hispanic youth with fees were less likely to recidivate, black youth with restitution had a higher risk of recidivism. Finally, the qualitative data pointed to some startling findings, namely that youth did not understand the full impact of fines on both their families and themselves and a non-significant percentage reported that they would have to resort to criminal activity in order to pay fines.

Youth Violence and Juvenile Justice, 2023.

By Richard A Mendel

Diverting youth from juvenile court involvement should be a central focus in efforts to reduce racial and ethnic disparities and improve outcomes in our nation’s youth justice systems. Clear evidence shows that getting arrested in adolescence or having a delinquency case filed in juvenile court damages young people’s futures and increases their subsequent involvement in the justice system. Compared with youth who are diverted, youth who are arrested and formally petitioned in court have far higher likelihood of subsequent arrests and school failure. Pre-arrest and pre-court diversion can avert these bad outcomes. Research shows that Black youth are far more likely to be arrested than their white peers and far less likely to be diverted from court following arrest. Other youth of color – including Latinx youth, Tribal youth, and Asian/Pacific Islander youth – are also less likely than their white peers to be diverted. The lack of diversion opportunities for youth of color is pivotal, because greater likelihood of formal processing in court means that youth of color accumulate longer court histories, leading to harsher consequences for any subsequent arrest. Expanding diversion opportunities for youth of color therefore represents a crucial, untapped opportunity to address continuing disproportionality in juvenile justice.

Washington, DC: The Sentencing Project, 2022. 38p.

By Liz Kroboth, Sukhdip Purewal Boparai and Jonathan Heller

In 2017, Los Angeles County established an Office of Youth Diversion and Development to advance a collaboratively designed pre-booking diversion initiative that prevents youth from getting formally arrested or referred to probation during encounters with law enforcement. Human Impact Partners and the Los Angeles (LA) County Office of Youth Diversion and Development (YDD) partnered to develop this evaluation framework to assess and prevent racial inequities in this program. LA County’s pre-booking diversion program is part of a broader effort to reduce mass incarceration of Black and Brown youth . In LA County and across the US, Black and Brown youth are arrested and detained by law enforcement at disproportionately greater rates compared to White youth. Organizing by local youth advocates and policy changes at the local, state, and national level have created opportunities for community-based pre-booking diversion in LA County to reduce the excessive and unfair criminalization and incarceration of Black and Brown youth and equitably improve outcomes for youth.

Oakland, CA: Human Impact Partners, 2019. 54p.

By Josh Rovner

The United States incarcerates an alarming number of children and adolescents every year. Disproportionately, they are youth of color. Given the short- and long-term damages stemming from youth out of home placement, it is vital to understand its true scope. In 2019, there were more than 240,000 instances of a young person detained, committed, or both in the juvenile justice system.1 However, youth incarceration is typically measured via a one-day count taken in late October.2 This metric vastly understates its footprint: at least 80% of incarcerated youth are excluded from the one-day count. This undercount is most prevalent for detained youth, all of whom have been arrested but have yet to face a court hearing.

Washington, DC: The Sentencing Project, 2022. 27p.

By Claire Alexander

. In scrutinizing the discourse on ‘gangs’ in media reports and speeches made by politicians, the author demonstrates that the racialization of gun and knife-enabled crime is the consequence of casual labelling. Referring to a speech by Tony Blair in February 2007, in which he uses words ‘black kids’, ‘gangs’, ‘criminal cultures’ and ‘the black community’, the author shows how it effectively ‘serves to collectivize the problem as one specific to, arising from and potentially encompassing, the black community as a whole’. …Targeting gangs and using civil injunctions will perpetuate the problem by drawing more young black people into the justice system. This is happening while the over-representation of young black people in the criminal justice system and experiences of disadvantage and discrimination in other areas remains to be addressed. … There are better ways of dealing with it: involving young people from under-privileged groups in positive activities from an early age, supporting parents with limited resources and supervising and supporting young offenders caught up in the criminal justice system

London: Runnymede Trust, 2008. 24p.