Children in the Criminal Justice System

The formal Youth Justice System (YJS) begins once a child or young person (CYP) aged 10 or over (and under the age of 18) has committed an offence and received: a youth caution, a youth conditional caution, or is convicted at court. However, due to increased flexibility and the adoption of a ‘child first’ approach, an increasing number of 10-to-18-year old’s that come into contact with Police will be supported by early help services – even though they are not in the formal youth justice system. 

National research and evidence suggest that CYP in contact with the Youth Justice System (YJS) often have more severe health and wellbeing needs than peers their age. They are more likely to have mental health problems; to have more than a single mental health condition; to have neurodevelopmental and/or learning disabilities; to have issues of alcohol and substance misuse (Source: Centre for Mental Health). These CYP frequently face additional difficulties that might include; school exclusion; fragmented family relationships; bereavement; unstable living conditions; or poor or harmful parenting that might be linked to poverty, substance misuse and mental health problems. These multiple and complex risk factors generate significant social and economic costs. CYP require a new approach – to change the trajectory of their behavior and so improve outcomes for their longer-term future. 

Having lots of social connections at a younger age is vital for good physical and emotional wellbeing. Healthy social and emotional development, established from birth and throughout childhood, help to prevent mental illness and behavioural problems, whilst supporting health outcomes and possible future educational attainment. Social connection is a fundamental human need and can build resilience. 

Many of the CYP’s health and social care needs can go unrecognised or unmet. There is, therefore, a critical need for comprehensive screening and assessment throughout the YJS. The risks of unmet needs persisting into late adolescence/adulthood leads to a wide range of adverse outcomes, such as continuing or worsening mental health problems, unemployment, teenage parenthood, marital strife, suicide, self-harm, and further criminal activity. 

The National Standards (2019) for children in the YJS define the minimum expectations for all agencies that provide statutory services to ensure good outcomes for children in the YJS. The standards are determined by the Secretary of State for Justice on the advice of the Youth Justice Board (YJB).  

The standards aim to: 

• Provide a framework for youth justice practice and ensure that quality is maintained;
• Encourage and support innovation and good practice to improve outcomes for children who commit crime; · Ensure that every child lives a safe and crime-free life, and makes a positive contribution to society;
• Align with the YJB’s ‘Child first, offender second’ principle;
• Assist the YJB and inspectorates when they assess whether youth justice services are meeting statutory requirements.

Under the Crime and Disorder Act, Lincolnshire Youth Offending Service (YOS) is required to publish a strategic plan outlining its key commitments and priorities. The plan sets out how YOS will work with key partners to meet statutory obligations in respect of; reducing offending; supporting victims of crime; and safeguarding CYP. 

NHS England Health and Justice, “is responsible for commissioning services to meet a wide range of health and care needs across detained and secure settings and sexual abuse/assault services.” (Source: NHS) 

In 2019, Health Care Standards for CYP in secure settings were established, to provide a pathway and multi-professional approach, that follows the young person’s journey through their time in secure settings. The standards apply to CYP aged 10-17 (inclusive) on both welfare and justice placements in secure centres; young offender institutions; secure children’s homes; and secure training centres and their equivalents. 

The decreasing trends of offending, arrests, and convictions by young people in Lincolnshire, align with a regional and national picture of youth crime. The proportion of young people formally entering the YJS is continuing to decline as is the number of young people in youth custody. The rate of re-offending remains a focus as this has started to increase. However, the re-offending metric is subject to extreme variation, primarily due to a reduction in the overall cohort (Source: Youth Justice Statistics). 

In January 2022, 135 children and young people were subject to an open intervention with the Lincolnshire Future4Me team. This would include delivery of statutory and non-statutory interventions, therefore including those CYP who accessed the service via the Joint Diversionary Panel. 

• Currently, 22.1% of Lincolnshire’s pupils are eligible for free school meals compared to 19.7% nationally (Oct 2020). However, analysis of pupil data demonstrated 44% of the cohort assessed were eligible for free school meals, significantly higher. 
• 31% of the of the youth justice cohort have a SEND – double the rate for Lincolnshire’s overall children’s population. Lincolnshire has a higher percentage of children with SEND than nationally. 
• 28% have engaged with the Behaviour Outreach Support Services (BOSS) to reduce risk of exclusion from education. Over 70% of referrals to BOSS are for male children. 
• 52% of the cohort have had a fixed term exclusion from education; 15% are in an intervention placement – but nearly 30% have been at some point; 22% have been permanently excluded from education. Compared to their peers, this cohort has significantly more exclusions from education. 
• 35% of the cohort are classified as a ‘child in need’ compared to 3.1% of CYP in Lincolnshire.  
• 19% of the cohort are Children in Care compared to 0.7% of CYP in Lincolnshire. 
• 22% of the cohort are currently accessing support for mental health, emotional wellbeing or speech and language conditions. Approximately 40% of the cohort had previously accessed some form of support around these needs. 

Future4Me is the Lincolnshire County Council service for children with presentations of complex behaviours and who are subject to multiple risk factors. Following a robust and detailed evaluation undertaken throughout 2020/21, Future4Me was to become a permanent and core aspect of the Children’s Services offer, from March 2022. The F4Me service offers support and guidance to professionals who have a key relationship with particular CYP, offering targeted work with parents, carers, and staff, to wrap support around, and to build resilience and strengths in families. 

The goal is to ensure CYP are fully supported to change challenging and harmful behaviours, to realise their potential, and to make a positive contribution to the community. Support has included: 

• Improvements in stability and outcomes for young people 
• Delivering a consistent approach from services across the county 
• Addressing the number of late entrants into care 
• Providing the right service at the right time by the right person. 

LCC commission ‘We Are with You’ to support people in making positive behavioural changes, particularly concerning alcohol and drug misuse, and mental health. Their staff deliver mainstream substance misuse provision and incorporate specific referrals from the YOS. ‘We Are with You’ deliver sessions to young people about the risks of harmful substances and sessions for staff to enable the sector to remain abreast of developments in substance misuse.  

In April 2020 NHS England commissioned a new Liaison and Diversion (L&D) service. This is provided by the Lincolnshire Partnership Foundation Trust (LPFT) and Lincolnshire Action Trust. The L&D service seeks to identify people who have mental health, learning disability, substance misuse or other vulnerabilities, when they first encounter the criminal justice system as either suspect, defendant, or offender. Once identified, the L&D service provides support through the first stages of the criminal system pathway, refers to appropriate health or social care, or enables diversion from the criminal justice system into a more appropriate setting. All CYP in custody are deemed vulnerable and so, can access this support. 

Overarching support to the youth justice cohort is provided by the Children and Adolescent Mental Health Service (CAMHS). Dedicated CAMHS link workers support CYP with mild, moderate, acute, severe, complex and/or enduring mental health issues, and emotional well-being.  

Within a consultation clinic model, consultation and formulation are provided by a team of Clinical and Forensic Psychologists, Speech and Language Therapists, and specialist Harmful Sexual Behaviour practitioners. 

LCC has successfully secured significant funding from NHS England (Health and Justice) to develop an improved and integrated approach to supporting good mental health of CYP with complex needs. This includes adolescents who would already be eligible for Future4Me support, CYP in care, in-kinship placements, adopted children, and CYP with other complex social care or health needs, such as a learning disability or autism. 

There has been a significant increase in the disposal of sentences by use of the principles of restorative justice. A collaboration between Lincolnshire Police and the Joint Diversionary Panel (JDP) has enabled an effective resolution pathway for victims of crime. More than 80% of JDP outcomes are restorative, avoiding CYP entering the formal criminal justice system and the longer term consequences in later life. 

In 2021, an evaluation of Future4Me and the work undertaken with children in the criminal justice system was undertaken. The evaluation considered professionals’ day-to-day operational work, external partners’ level of involvement and heard the voice of CYP about their experience and the impact for them of being supported by Future4Me.   

An on-line survey was circulated to all F4Me internal staff and to staff at partner organisations, asking for feedback on what was working well, what was not working so well and for considerations for  development.  Key findings were shared as part of ‘solutions focussed’ sessions held with all stakeholders.  

High level stakeholder engagement feedback: 

Engagement with professionals 

• Use of strength based practice – 88% agree 
• A strong partnership between LCC and outside agencies – 83% agree 
• Use of relationship-based practice – 91% agree 
• Relationships with CYP and families are highly effective – 84% agree 

• The right level of working with multi-disciplinary partners – 76% agree 
• One consistent practitioner per case is appropriate – 78% agree 

In addition, 47 children and young people, who were either currently open or recently closed F4M cases, were interviewed over the phone.  

Engagement with CYP 

• The people I have seen work together to help me – 95% agree 
• Since receiving support from F4M my future looks good or better – 94% 
• The support helped me to move on in a positive, healthy and safe way – 92% 
• F4M has made a positive impact – 96% 
• I would recommend this sort of help to a friend in need – 92% 
• Professionals listen to what I have to say – 94% 

• Fully understanding the wider consequences of the pandemic,  particularly for those children who were not engaged in education, training and employment and the longer-term impact of this. 
• Recognising that the risks related to exploitation are greater for children in the YJS. Analysis of work commissioned by the PCC and LCC Public Health will enable an effective response to serious violence, exploitation, and county lines. 
• The pathway of support should extend to consider CYP with lower levels of need with sufficient adaptability and responsiveness. Circumstances for many CYP in YJS are dynamic, creating new concerns and vulnerabilities. Therefore, ensuring access to timely support is crucial to prevent an escalation of needs. 
• Future responses to CYP in YJS must capture the valuable learning and knowledge accrued throughout the pandemic. Ensuring effective engagement with children will better inform longer-term needs assessments and service provision. 

A strong focus on diversionary activity has driven a reduction in statutory youth justice work in Lincolnshire. This is driving a proportionate approach with resources directed towards CYP with the most complex needs. The Joint Diversionary Panel (JDP) has been created collaboratively with Lincolnshire Police to offer innovative opportunities for working with CYP in the YJS in the county.   

Early intervention, with appropriately targeted services will reduce further offending. Decision-making formulated on a comprehensive range of information promotes positive outcomes for CYP, families, and the victims of crime in Lincolnshire. These measures ensure that CYP enter the YJS only where necessary and only after needs are assessed, and interventions offered at the earliest opportunity. 

The future will see further development of how agencies support the mental health of CYP with complex needs, following the successful Integrated Framework of Care bid.  This will include the embedding and further development of the successful pilot of the ‘Future4Me’ health team, expanding the team to create a new Lincolnshire CYP Complex Needs Service. This service will reach out across the county to work with even more partners to deliver training and support to greater numbers of professionals, parents, and carers.