‘Criminalising Children In The Care System’ by John Bowden (UK)

Criminalising the behaviour of working class children and feeding them into the Criminal Justice System is a practice that has existed for generations and is now responsible for Britain having the unenviable reputation of Europe’s worst jailer of children in terms of the numbers imprisoned.

“State raised convicts” form a substantial part of the adult prison population and all share a common genealogy of Children’s Homes, Approved Schools, Borstals and Young Offenders Institutions, and finally the long-term prison system. Many children who through no fault of their own enter the so-called Care System are percentage-wise seriously at risk of graduating into the Criminal Justice System and a life disfigured by institutionalisation and social exclusion.

There are currently 10,000 children in local authority care, their number doubling in the past four years, and the government’s current “Austerity” agenda with its attack on state benefit and services will so deeply impoverish an already desperately poor section of the population that the number of children from this group entering the Care System is bound to increase significantly.

A leading magistrate and member of the Magistrates’ Association Youth Courts Committee, Janis Cauthery, has openly condemned the care system for operating as a doorway into the penal system by regularly prosecuting children for behaviour such as pushing, shoving, and breaking crockery. Behaviour that in normal circumstances would simply be punished by parents is frequently being referred to the police by Children’s Homes and children are being charged with criminal offences and placed before the criminal courts. Ms Cauthery has warned that children in care who receive criminal records for what is in reality normal adolescent behaviour are being drawn into a “vicious cycle” of crime, joblessness and imprisonment, that would go on to seriously affect the lives of their own children. Ms Cauthery said: “Many of the young people we see coming to court have never been in trouble before going into care. These young people are often charged with offences that have occurred within the care home, including damage (e.g. to a door, window, or crockery) and assault (often to one of the care home staff involving pushing and shoving). This behaviour is mostly at the lower end of offending, and in a reasonable family environment would never be dealt with by the police or courts. We worry about these children being criminalised”. She added: “Surely the home has a duty to try to help the young people and find other solutions rather than resorting to the courts for minor offences which, in a normal family environment, would not be thought of as offending behaviour”. She went on to warn that the maltreatment of children in care might be the reason for the “anti-social behaviour” in the first place, which is what classically happens in total institutions when inmates resist and challenge brutal regimes.

Recent high-profile cases when neglect by social workers has seriously contributed to the deaths of children already at serious risk from abusive or drug-addicted parents has created a public mood and climate favourable to the placing into care of even more poor and disadvantaged children, and for many of them an entry route into the penal system. The massive empowerment of social workers in the wake of tragedies like the Baby P case to remove more children into care, often for contentious and contested reasons, makes it reasonable to ask the question if many of these children actually face even greater abuse and the risk of destroyed lives by being placed INTO care.

There is clearly a greater propensity on the part of staff supervising the behaviour of children in care to view any non-conformist or disruptive behaviour on the part of such children as potentially criminal and therefore requiring intervention by the police and courts at the earliest opportunity, which also absolves such staff of the responsibility of working closely and consistently with young people in dealing with such behaviour in an emotionally supportive setting. How much easier to just offload such “difficult” children onto the courts and Young Offender System, where an awful self-fulfilling prophecy then takes place along with the process of criminalisation and institutionalisation. Ultimately, the wider society reaps the cost and consequences of this abandonment of vulnerable children to the Criminal Justice System.

John Bowden
HMP Shotts
June 2012

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