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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The Youth Justice Legal Centre (YJLC) recently published a new guide setting out what to bear in mind when representing a young person who is care experienced.
The guide explores many of the themes that have been discussed in two blogs we have written previously (The impact and future of violence reduction units, and Does anyone care about us?, an examination of experiences of the care system for victims and perpetrators of youth violence). It notes that care-experienced children are more than 10-times more likely to have received a custodial sentence than children who have not been in care. According to another quoted statistic, in 2022, 1% of children in England and Wales were in care, but 59% of children in custody in England and Wales were care experienced. Meanwhile, in its article reporting on the guide and wider care-related issues, The Guardian highlighted the staggering numbers of care-experienced people between the ages of 16 and 24 who were convicted of a crime. The article notes that, according to data obtained from the Ministry of Justice, 33% of care-experienced young people had received a caution or a youth conditional caution, as opposed to 4% of their counterparts who were not care experienced.
The Government appears to be aware of the issues that the system currently faces. In November 2018, the Department for Education launched a National Protocol on Reducing the Unnecessary criminalisation of looked after Children and Care Leavers, which explains that a “strong corporate parenting ethos” should promote recovery, resilience and wellbeing, as well as simply keeping children safe (paragraph 2.2), before setting out a number of overarching key principles on which “corporate parents” should base their arrangements. These include making every effort “to avoid unnecessary criminalisation of looked-after children and care leavers” through measures such as prevention activity.
The YJLC guide lists questions that lawyers should ask themselves and the police when representing a care-experienced child, including:
The guide is clear that the police, Crown Prosecution Service, courts and defence lawyers should all be examining how and why any care experienced suspect has come to be criminalised and use this information to decide how to deal with the case and influence any outcomes.
While these are very good questions to ask as a starting point, it may be worth exploring some further questions such as:
The guide also touches on some of the additional questions posed above and notes that care experienced children are known to:
What can lawyers do to help?
Noting the key qualities that are required for lawyers representing children and young people who have been care experienced, the guide explains that a client will be the best source of information as to finding out whether they are care experienced or not. It contains a non-exhaustive list of questions for a lawyer to ask their client, essentially about their living arrangements. The guide suggests:
The guide additionally suggests four ways in which defence lawyers can assist when representing those with care experience.
Moving forward
It is clear that the system is at crisis point. Many will point to the lack of intervention and effectiveness of the corporate parent (the relevant Local Authority) and whether this leaves the young person vulnerable to police intervention as an easy target statistically. In producing their new document, the YJLC has provide some useful and valuable guidance for those representing care-experienced children and young people. The guide may also serve other purposes: to raise awareness of the serious issues facing these people, and to provide them with the encouragement of knowing there are people on their side who truly care.
Applying the law to children and young people is a specialist area of law. Our experienced youth crime lawyers are committed to understanding their clients and finding solutions that protect their reputation.
For more information on the issues raised in this blog post or how Kingsley Napley can assist young people caught up in the criminal justice system, please contact a member of our criminal litigation team.
Sandra Paul is a Partner in our Criminal Litigation team. She has a wealth of experience in criminal and related litigation. The majority of her work concerns defending allegations of sexual misconduct. She works with clients in the UK and abroad, including allegations following the #MeToo campaign.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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