‘Just another policy document?’ Can a protocol end the criminalisation of kids in care?

McFarlane, Katherine; Colvin, Emma; McGrath, Andrew; Gerard, Alison

doi:10.1177/1037969x18795498

Cited by 4 publications

(6 citation statements)

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“…Such an approach also presents problems for the application of local protocols. As McFarlane et al (2019: 41) point out, the child-centred approach to local protocols ‘still presents the child as a nuisance and their behaviour as something that needs an intervention’ rather than focussing on structural factors, such as poor quality or inappropriate placements, which can create challenging behaviour in the first place. The recently published All Wales Protocol on Reducing the Criminalisation of Care Experienced Children and Young Adults (MoJ et al, 2022) offers an alternative approach, focussing on children’s rights and recognising duties under the United Nations Convention on the Rights of the Child.…”

Section: Discussionmentioning

confidence: 99%

“…This is disappointing but also unsurprising given there is no statutory duty to prevent unnecessary criminalisation. As McFarlane et al (2019) note, protocols not only require effective leadership but also must be embedded and re-embedded in practice due to the high turnover in staff. Therefore, adequate resources are vital in ensuring that all partners receive ongoing training and support.…”

Section: Discussionmentioning

confidence: 99%

“…Without any legal requirement to implement a local protocol, or indeed uphold one, local authorities who are already struggling with workloads and straitened resources may be unable to engage with the National Protocol at all (Fitzpatrick et al, 2022). As McFarlane et al (2019: 44) highlight in relation to the New South Wales Protocol (in Australia), unless these documents are adequately communicated and resourced, they have the ‘potential to be just another failed initiative’. However, there are some promising signs of a reduction in the unnecessary criminalisation of children in care.…”

Section: Background and Contextmentioning

confidence: 99%

“…Others do not offer any information about what 'restorative approaches' entail. It is vital that staff understand exactly how to employ restorative justice and ongoing training is essential if protocols are to avoid becoming 'just another policy document ' (McFarlane et al, 2019).…”

Section: Approaches To Reducing Criminalisationmentioning

confidence: 99%

See 3 more Smart Citations

A Difficult Balance: Challenges and Possibilities for Local Protocols to Reduce Unnecessary Criminalisation of Children in Care and Care Leavers

Hunter¹,

Fitzpatrick²,

Staines³

et al. 2023

Youth Justice

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In 2018, the National Protocol on Reducing Unnecessary Criminalisation of Looked-after Children and Care Leavers was published in England. The protocol represented national recognition of the issue and called for local authorities to implement their own agreements. However, the protocol was given no statutory status, which immediately raised questions about its potential impact. Drawing on analysis of 36 local protocols from across England and Wales, this article explores the challenges and possibilities of using local agreements to divert children in care and care leavers away from formal justice systems contact.

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Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

Section: Background and Contextmentioning

confidence: 99%

Section: Approaches To Reducing Criminalisationmentioning

confidence: 99%

See 2 more Smart Citations

A Difficult Balance: Challenges and Possibilities for Local Protocols to Reduce Unnecessary Criminalisation of Children in Care and Care Leavers

Hunter¹,

Fitzpatrick²,

Staines³

et al. 2023

Youth Justice

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show abstract

“…Although several jurisdictions in Australia and the United Kingdom have introduced protocols and practices aiming to reduce the criminalization of children in residential care (Department of Health and Human Services, 2020; Littlechild & Sender, 2010; Queensland Family and Child Commission, 2018), evidence of the efficacy of these approaches to date is limited (McFarlane et al, 2019). The literature examining the systemic factors influencing the criminalization of children in residential care is disparate, and largely focuses on the acts and omissions of residential care providers and police, and to a lesser extent the child protection system itself.…”

Section: Introductionmentioning

confidence: 99%

Multi‐system factors impacting youth justice involvement of children in residential out‐of‐home care

Baidawi

Ball

2022

Child & Family Social Work

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Children placed in residential care are significantly over-represented in youth justice systems. Drawing on interviews and focus groups with service providers, this exploratory study examines practice factors that impact on the criminalization of this group of children across multiple services and systems, including in the residential care environment, police, lawyers, courts and youth justice systems, as well as multi-systems practice with this group in one Australian state. Positive outcomes were observed for children in residential care where well-functioning care teams existed, as well as for children in therapeutic residential care settings. However, clear limitations were identified across all phases of children's youth justice system involvement, including placement with offending peers, the criminalization of behaviours of concern, greater use of remand and detention, limited support to navigate legal and youth justice processes, challenges to service collaboration, and limited applicability of sentencing considerations. The findings indicate a pervasive level of systemic disadvantage for this group of children, and imply that a holistic strategy underpinned by affirmative action across several systems will be necessary to address the ongoing criminalization of children in residential care.

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Approaches for supporting youth dually involved in child protection and youth justice systems: An international policy analysis

Ball,

Baidawi,

FitzGerald

2024

Journal of Criminology

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The high representation of children involved across both child protection and youth justice systems remains a pressing concern. Contributing factors include unnecessary police intervention for behavioural difficulties in residential care, and deficient systems integration particularly between child protection and youth justice. Policy reforms in the past 15–20 years have aimed to prevent and address this concern across jurisdictions such as Australia, New Zealand, Canada, the United Kingdom, and the United States. The study offers an updated review and analysis of these policies, targeting researchers, policymakers, and practitioners in the field. Examination of selected available policies identified four main strategies utilised: joint practice protocols, policies aimed at reducing the criminalisation of children in out-of-home care, crossover court lists, and specialised practice models like the Crossover Youth Practice Model (CYPM). There is promising evidence for some approaches, notably the CYPM, however, most suffer from a lack of implementation and outcomes evaluation, insufficient diversity considerations, and minimal inclusion of lived experience in design and implementation. Findings suggest future policy reforms should prioritise the development of whole-of-government strategies, involve children's perspectives, emphasise prevention, restorative and diversionary responses, multi-agency collaboration, ongoing support for implementation, and rigorous evaluation.

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‘Just another policy document?’ Can a protocol end the criminalisation of kids in care?

Cited by 4 publications

References 0 publications

A Difficult Balance: Challenges and Possibilities for Local Protocols to Reduce Unnecessary Criminalisation of Children in Care and Care Leavers

A Difficult Balance: Challenges and Possibilities for Local Protocols to Reduce Unnecessary Criminalisation of Children in Care and Care Leavers

Multi‐system factors impacting youth justice involvement of children in residential out‐of‐home care

Approaches for supporting youth dually involved in child protection and youth justice systems: An international policy analysis

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