By Gillian Hunter, Claire Ely, Carmen Robin-D’Cruz and Stephen Whitehead

This report details the findings of a research project which was jointly undertaken by the Centre for Justice Innovation (CJI) and the Institute for Crime and Justice Policy Research (ICPR), Birkbeck, with funding from the Nuffield Foundation.

The project examined current practice in the youth court, including how the court was meeting the needs of vulnerable young people. Specifically, we were interested in understanding current youth court practice and exploring the potential impact of practices aligned with problem-solving justice – an evidence-based approach which seeks to hold people accountable and to help them to proactively engage with the court to address the factors driving their offending.

Background In the last 10 years, there has been a 75% decline in cases coming into the youth court, caused by both falls in youth crime and the youth justice system’s success in diverting eligible cases away from court. However, while there are currently fewer court-involved young people, they tend to have more significant welfare and other needs as well as more serious offending profiles than they did a decade ago. Having fewer court-involved young people to work with gives the youth justice system a golden opportunity to concentrate its energies on further reducing reoffending and preventing future harm. To that end, the Carlile Inquiry in 2014 (in which the current Lord Chancellor participated), the Taylor Review in 2016 and the Lammy Review in 2017 all advised that youth court practice should become more ‘problem-solving’, to better address children’s underlying welfare needs. Missed opportunities Our research follows on from these reviews. It looks specifically at current youth court practice through the lens of evidence-led problem-solving justice. It does this by focussing on the procedural fairness of youth court hearings; the specialism of youth court practitioners; how multi-agency youth offending services provide collaborative interventions and supervision to court-involved children and young people; the extent to which youth courts engage in judicial monitoring post-sentence; and the operational environment surrounding youth court practitioners. Fieldwork was conducted in three sites across England, comprising five youth courts and associated youth offending services, between February and October 2019. During our research, we came across many dedicated practitioners who were committed to improving the support for children and young people appearing in court, and we saw examples of creative and innovative practice being developed locally. One site was trialling a form of post-sentence judicial monitoring (of the type recommended in the Carlile and Taylor reviews) to provide informal, YOS-managed review hearings for young people on Youth Rehabilitation Orders (YROs). A second site was preparing to pilot a similar approach, in which magistrates, in partnership with the YOS, will hold informal, monthly reviews of YROs. However, we also observed practice which fell short of what is recommended for the youth court: long delays, especially in cases coming to court; lack of availability of professionals with the required specialisms for youth court; limited services to respond to children and young people’s speech, language and communication or mental health needs; limited engagement by children’s services (understandable given their resource constraints); and generally, a more difficult operational environment, resulting from the twin impacts of constant court modernisation (including court closures and mergers) and reductions in funding. What we found far too often was an over-burdened system in which practitioners struggled to deliver the services required of them by national government. As a result, vulnerable children and young people coming before the court are not always receiving the treatment they need – making it all the more likely they will offend again. Time to get it right What our research has shown is that youth courts need to be enhanced to change outcomes for the vulnerable young people who appear there. We are very aware that the Carlile, Taylor and Lammy review teams have been here before us. Our research has walked in their footprints and, sadly, we have seen that their calls for significant reform have remained largely unanswered. We think it is time to get it right. 1. Tackle pre-court delays and maximise diversion opportunities pre-court There is urgent need for action to address the delays between offences and the commencement of court proceedings. These delays impact on everyone, including victims, witnesses and defendants. A key problem is delayed charging decisions by the police, which were also shown to disrupt children and young people’s own rehabilitative efforts. While we found strong support for out-of-court resolution of children and young people’s cases (and strong support for victim involvement and restorative justice in these disposals), we also found evidence of cases still coming to court that should have been resolved out of court. We recommend that (i) Her Majesty’s Inspectorate of Constabulary, the National Police Chief’s Council and the Home Office develop a protocol which limits the amount of time children and young people can be kept under investigation before a charging decision is made (though there may need to be exclusions for the most complex cases); (ii) we recommend that the Youth Justice Board should publish clear national guidance on effective, evidence-based point-of-arrest diversion and out-of-court disposal practice.

Centre for Justice Innovation, 2022. 48p.

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 Jonathan Evans, Tricia Skuse, Dusty Kennedy and Jonny Matthew

The genesis of this paper has its origins in two articles: • the first article attempted to answer the question of whether trauma-informed practice and desistance theories represent competing or potentially complementary approaches to working with children in conflict with the law (Evans et al., 2020). • the second, based on empirical fieldwork conducted in a Welsh youth justice service (YJS), explored how desistance theories were being interpreted, applied and – in some cases – re-imagined by practitioners (Deering and Evans, 2021). Building upon these articles, this paper identifies some of the key ideas and evidence that could contribute to a practice agenda which supports desistance from offending processes, engages with social adversity and trauma, and helps to empower children and young people to work towards their pro-social goals.

Academic Insights 2023/08. Manchester, UK: HM Inspectorate of Probation, 2023. 20p.

by Carmen Robin-D’Cruz

The over-representation of children with Special Educational Needs and Disability (SEND) in the criminal justice system is especially concerning given the particular harms that justice system involvement can have on them. Youth diversion gives children the chance to avoid both formal criminal justice processing and a criminal record, in return for the completion of community-based interventions. However, the overrepresentation of children with SEND in the justice system suggests that the diversion processes are not working for them.

This literature review summarises the evidence around SEND and youth diversion, with a focus on access and engagement.

It will be followed, in early 2024, by a research report examining how responsive diversion schemes are to those with SEND, drawing on testimony from practitioners and children themselves.

London: Centre for Court Innovation, 2023. 17p.

By Ursula Kilkelly

Research in youth justice is vast and varied, meaning that those seeking to identify ‘good practice’ or ‘evidence’ must navigate multiple studies, large and small, from every jurisdiction and academic discipline. The scholarship has been produced using diverse methodologies and approaches, and although there is an increasing focus on policy impact and practitioner perspectives, its breadth and depth can make this vast literature difficult to access by those interested in an evidence-based approach. The aim of this paper is to identify, from the established research literature, the key messages relating to children who come into conflict with the law and their pathways into and out of the justice system. Building on previous research funded by the Irish Research Council (Kilkelly et al., 2021) and since updated in a work that seeks to align the scholarship with a children’s rights approach (Kilkelly et al., 2023), this paper identifies ten key messages that should inform an evidence-based approach to youth justice in any jurisdiction. ' Academic Insights 2023/09

Manchester,UK: HM Inspectorate of Probation, 2023. 18p.

By Heide Dix and Jen Meade

This Academic Insights paper outlines the IDEAS approach to effective practice. IDEAS is a framework that was originally developed to support practitioners in a youth justice service to evaluate their work with children and their families. It can also be used in settings such as Young Offender Institutions (YOIs) as well as the secure estate and by managers and leaders as a quality assurance tool since it outlines the skills, knowledge and personal attitudes that evidence suggests are necessary to be an effective practitioner within a youth justice context. As set out in the paper, the framework is made up of the following five elements: In addition to describing how IDEAS works as part of individual practice, this paper will briefly suggest how the framework can support a culture of effective, relational practice.

Academic Insights 2023/05. Manchester, UK: HM Inspectorate of Probation, 2023. 16p.

By Christine Humowitz

The Center for Juvenile Justice Reform, with support from the Annie E. Casey Foundation, presents “The Essential Need for Partnering with Youth and Families to Fundamentally Transform Juvenile Probation.” In this publication, CJJR’s Christine Humowitz highlights best practices, barriers, and strategies related to actively and authentically partnering with youth and families in the context of juvenile probation. The brief highlights jurisdictional examples from the 2019 cohort of the Transforming Juvenile Probation Certificate Program.

Washington, DC: Georgetown University, McCourt School of Public Policy, Center for Juvenile Justice Reform, 2022. 20p.

By Joshua Rovner

This commentary discusses the evolution of youth justice policies in the United States and offers valuable insights into the successes and failures of these approaches. The report advocates for a more enlightened approach to criminal legal reform, backed by the successes of progressive approaches taken to the juvenile legal system.

Washington, DC: The Sentencing Project, 2023. 5p.

By Chris Trotter and Phillipa Evans

A number of studies have found that when probation officers, and others who supervise young people and adults on community based orders, have good intervention skills their clients are more likely to be engaged in supervision and to have low recidivism rates. The skills include, role clarification, pro-social modelling, problem solving, cognitive and relationship skills. Little research has been done, however, on the development of these skills across whole organisations. This study aimed to examine the extent to which training and coaching of probation officers, across two state youth justice departments in Australia, improved the use of workers’ skills. Audio-tapes of worker/client interviews were provided to research staff before and after training and coaching. Analysis of the audio-tapes found a significant increase in the overall use of worker skills following the training and coaching. However, the increases in the skills applied largely to role clarification, rather than pro-social modelling, problem solving and cognitive skills.

European Journal of Probation. Volume 15, Issue 2Aug 2023Pages97-170

By Carlene Firmin, Hannah King, Molly Manister and Vanessa Bradbury

Contextual Safeguarding (CS) has developed as a safeguarding approach for practitioners to recognise contextual dynamics and children’s exposure to extra-familial harm (EFH). Within CS, practitioners (and the systems in which they work) assess neighbourhood, schools or peer groups to understand the contextual factors that are contributing to the harm and abuse of the young people who are associated with it. Interventions are then developed within the contexts where that harm has occurred, through relationships building, advocacy, training, policy and practical action, alongside support to the affected young people. Initially focused on and piloted within children’s social care, the approach has generated much interest from youth justice services (YJSs) across the country. It is evident that EFH crosses into YJS boundaries and collaborative work through the CS approach that is already underway within some local service areas across England. Safeguarding responsibilities are currently overseen by multi-agency Safeguarding Partnerships made up of three statutory partners – police, health and local authorities. These partners are free to arrange their local provision and to involve other agencies as they see fit. Probation and YJSs are frequently invited to attend and have a duty to cooperate.

Research & Analysis Bulletin 2023/02 . Manchester, UK: HM Inspectorate of Probation, 2023. 44p.