Explain and reform racial disparities
The AYJ is working alongside its members and children and young people to make sure unjust racial disproportionality in the criminalisation, sentencing and imprisonment of children is evidenced, acknowledged, and action is taken to address it. We want to ensure experiences and outcomes for children across the youth justice system are more equitable.
What’s the problem?
Black and racially minoritised children are marginalised, overpoliced, more likely to be arrested, less likely to be diverted, and are therefore disproportionately likely to end up in the criminal justice system. Racially minoritised children are more likely to be given custodial remand, and in ‘almost all cases’ are more likely to receive harsher sentences, and less likely to receive out of court disposals. Black children specifically face more severe court sentences. Racial discrimination has been widely reported by children and young people as shaping their entry to, and experiences of, the justice system.
Black and racially minoritised children now represent over half of children in prison, compared with only 18% of the child population. During their time in custody, they consistently report worse experiences and treatment than White children. Significant deficits have been identified in YOT work, as well as in the availability of suitable services for racially minoritised children. The criminal records system further perpetuates racial inequalities in the justice system, creating additional barriers for Black and minoritised children and young people by impacting access to education, employment and housing.
It’s over five years since the Lammy Review highlighted racial inequality in the youth justice system as its ‘biggest concern’ and called for a new requirement across the justice system to ‘explain or reform’ racial disparities. At every stage of the justice system there is a critical need to employ this rule.
However, since the Lammy Review’s publication, racial disparity in the youth justice system has worsened. The flawed Commission on Race and Ethnic Disparities report, and its resultant Inclusive Britain action plan, contained no focus on youth justice. The government has recently pursued policy changes such as increasing stop and search and measures in the Police, Crime, Sentencing and Courts Act that it acknowledges will exacerbate existing inequalities. It remains unclear where accountability and oversight sit for addressing racial injustice in the youth justice system, and responsibility is shifted around by departments claiming the problem lies elsewhere along the child’s pathway into and through the justice system.
What needs to change?
Cumulative discrimination before, during and after children’s involvement with the youth justice system must be addressed. The explain or reform rule - that ‘if agencies cannot provide an evidence-based explanation for apparent disparities between ethnic groups then reforms should be introduced to address those disparities’ – must be actively embedded across the public sector. Agencies at each stage must be held accountable for their role in contributing to disparities, and take action to address it.
Why now?
Disparities are increasing yet the government continues to sidestep the issue and push aggravating policies. The pandemic’s impacts have been felt disproportionately by raciallyminoritised communities, increasing inequalities, and action is needed now to ensure heightened vulnerabilities and unmet needs, increased policing presence, new duties and changes to custodial sentencing in particular
Why the AYJ?
The interests and expertise of AYJ’s members, including specialist voluntary sector organisations led by and for Black and racially minoritised communities, span from before the youth justice system when systemic inequalities begin to impact children’s trajectories, to within different parts of the youth justice system and beyond. Our reach and perspective across the system gives us oversight of the cumulative nature of discrimination and its impacts, and our networks will allow us to develop a fuller picture of this and challenge those in power to make change.
AYJ is deeply concerned by the Government’s decision to extend the use of PAVA incapacitant spray in children’s custody until August 2027. We are calling for an end to PAVA use and urgent reform of the youth custody estate, with investment in smaller, child-centred and trauma-informed settings.
Read about how the feedback of our members, Young Advocates alumni, partners and key stakeholders has informed our new strategic approach. This strategy wasn't built in a vacuum; it is the result of deep listening, honest challenge, and a shared commitment to the children and young people we serve.
AYJ Response: College of Policing consultation on updated Authorised Preofessional Practice guidance on Stop and Search.
To ensure consistency across all published materials, this guide sets out clear communication standards for our team. Grounded in our core values, this guide aims to ensure that the language we use is rights based, child centred and challenges systemic inequality. We are sharing this resource in the hope that it proves useful for members own communications.
Read our response to the Government’s youth justice white paper.
AYJ CEO, Jess Mullen, writes to update our members and partners — reflecting on what we’ve been working on together so far this year and looking ahead to what’s coming up next.
This briefing calls on the government to protect and promote a child centred children’s secure estate, with custody only ever a last resort. It also calls for developing a distinct approach to custody for young adults.
AYJ CEO Jess Mullen reflects on the importance of this year’s Black History Month theme ‘Reclaiming Narratives’ for Black and racially minoritised children in, or at risk of involvement in, the youth justice system
Our new briefing, Setting the youth justice agenda, urges the government to take bold action to reform the youth justice system. We set out changes new Ministers must prioritise to ensure a safeguarding response to vulnerable children, end racial injustice, and ensure that custody is a last resort.
This briefing urges the government to take bold action to reimagine youth justice. We set out changes new Ministers must prioritise to ensure a safeguarding response to vulnerable children, end racial injustice, and guarantee that custody is a last resort.
Our statement following racist riots across the UK and subsequent arrests, including of a significant number of children
This second report from the Young Advocates Project presents findings from engagement with 90 children and young people across England and Wales, and focuses on the three priority topics of criminalisation, policing, and intervention and diversion. The aim was to explore the routes into the justice system for young people, as compared to pathways out and away from it.
On 8th February we held a launch event for our report on supporting racially minoritised young people transitioning to adulthood, bringing together policymakers, voluntary and community sector organisations, and young people.
This briefing, part of a project funded by Barrow Cadbury Trust, explores how racially minoritised young people experience particularly destabilising transitions to adulthood due to deficits in support before and after turning 18. It highlights the crucial role the ‘by and for’ voluntary and community sector plays in addressing these shortfalls.
The AYJ has published a report calling for reforms to ensure that as racially minoritised young people in the criminal justice system turn 18, the ‘by and for’ voluntary and community sector is there to support them.
AYJ Policy Manager Millie Harris reflects on the UN Committee on the Rights of the Child (UNCRC)’s report on the UK’s performance on it’s international obligations on children’s rights, which calls out the Government for a lack of progress on youth justice.
The UN Committee on the Rights of the Child has published its Concluding Observations on the UK, setting out its concerns and recommendations regarding children’s rights
We’ve published an Evidence Review providing a comprehensive overview of the policy context and existing literature surrounding the experiences of young people in transition in the criminal justice system, as part of our research project funded by the Barrow Cadbury Trust.
This evidence review, part of a three-year project on transition into adulthood funded by Barrow Cadbury Trust, summarises the policy context and existing evidence on young people turning 18 in the criminal justice system.
The AYJ’s Interim CEO Saqib Deshmukh reflects on the findings of Baroness Casey’s independent review into the standards of behaviour and internal culture of the Metropolitan Police Service.
As part of the AYJ’s project in which we work to understand the experiences of children transitioning into the adult justice system, we speak with Leroy Logan MBE about the significance of research, discussion and policy focus in this area.
Today, the final civil society report to the UN Committee on the Rights of the Child, as part of its examination of the UK, has been published. 97 children’s charities from across England have warned that critical children’s rights issues must be urgently addressed by the UK Government to prevent worsening impacts on the most vulnerable children.
As Black History Month draws to a close, our Policy and Communications Officer Mia Edwards reflects on the historic roots and present-day manifestations of racial disparity in the youth justice system.
The AYJ has responded to the Children’s Rights Alliance for England’s (CRAE) call for written evidence to inform the Civil Society Alternative Report to the UN Committee on the Rights of the Child 2022.
This first report from the Young Advocates Project presents findings from engagement with over 120 young people across England and Wales, and focuses on the three priority topics of stereotypes, education and warning signs, and jail (custody). The aim was to identify patterns that run through society, and the education and justice systems overall, to find out what young people feel increases the chance of entering the justice system.
This literature review aims to provide a comprehensive overview of the existing policy, practice and research literature about the impacts of COVID-19 on the youth justice system. The review considers the impacts of the pandemic across each stage of the youth justice system, bringing together findings from community-based responses, the courts, and the secure estate.
The Police, Crime, Sentencing and Courts (PCSC) Bill, currently at Committee Stage in the House of Commons, introduces a whole host of provisions with a range of impacts across the youth justice system. Our Committee Stage briefing examines the proposals.
AYJ comments on the report of the Commission on Race and Ethnic Disparities and summarises our recent work to address racial injustice in the youth justice system.