The criminalisation of children in care in England/Wales, New South Wales and Victoria

Description

The criminalisation of children in Out-of-Home Care (OOHC), particularly residential care, is well-established both in Australia and internationally. While there is a significant body of research identifying the characteristics of and risk factors which lead to children in care becoming involved with youth justice systems, less attention has been devoted to understanding sentencing determinations when those children and young people (once they have reached the age of 18) appear before criminal courts. The original aim of this study was to explore the degree to which a child or young person’s history of childhood trauma is factored into sentencing. As the study evolved, its focus has broadened to encompass an exploration of a) the processes of criminalisation within OOHC/post-care and b) the responses from various actors across the child protection and criminal-legal system. In-depth interviews were undertaken with 28 professionals (n=11 in England/Wales and n=17 in NSW and Victoria), including youth justice practitioners, child protection and youth crime lawyers, magistrates, judges, and children’s advocates. The results of a thematic analysis identified a range of complex interactions across multiple systems that not only influence the criminalisation of children in OOHC, but which importantly influence how those systems then respond to these children. In this presentation, we will discuss our findings in relation to the interaction between the criminal-legal system (police, youth justice, courts), child protection and the OOHC sectors. We explain how these interactions reflect an overarching absence of system-wide trauma-informed approaches, and the impacts of the latter on dual-system involved children. Examples of innovative approaches across both jurisdictions and possible areas for reform will be discussed.

Period	6 Mar 2024
Event title	Australian Childhood Foundation / Foundation and Centre for Excellence in Therapeutic Care (CETC)
Event type	Seminar
Location	AustraliaShow on map
Degree of Recognition	International