Understanding the Intersections between Care Experience and Ethnicity in Criminal Justice Involvement

Lead Research Organisation: Manchester Metropolitan University
Department Name: Sociology

Abstract

Currently, the government does not know how many of its looked after children (for example, children who have lived in foster care or children's homes) become involved with the youth justice system, or how many of those children reside in youth custody (see Hunter, 2019; Laming, 2016). It does not know how many care experienced individuals fall into criminal justice involvement and imprisonment (see Fitzpatrick et al. 2019). There is no data which outlines the ethnicity of care experienced individuals who become justice involved. The new MoJ/DfE linked administrative datasets funded by ADR UK will make it possible to analyse the intersections between ethnicity, care experience, and criminal justice involvement for the first time.

This Fellowship will directly build upon my PhD research on the over-representation of looked after children and Black, Asian and Minority Ethnic (BAME) children in the youth justice system in England and Wales. The research utilised official statistics and 27 in-depth interviews with youth justice and children's services experts. Principally, the research indicated that existing inequalities in relation to ethnicity and looked after status have intensified and that BAME looked after children experience compounded disadvantage (Hunter, 2019). However, the thesis found that much is still unknown about the intersections between ethnicity and looked after status in youth justice involvement, largely as a result of insufficient official data.

The research evidence suggests that failings in the care system can both increase the risk of justice system contact and influence routes through the justice system (see Hunter, 2019). Evidence also points to frequency of incidents, as opposed to seriousness, having the greatest impact on criminal justice interventions for looked after children (see Shaw, 2014). The new linked datasets mean that it is now possible to explore when offending began and frequency of offending for care experienced individuals, as well as the role of ethnicity. Furthermore, information about care histories means that we can explore the effect of various experiences on criminal justice outcomes. Research suggests that age entering care and multiple placements may influence offending (e.g. Baskin & Sommers, 2011; Darker, Ward & Caulfield, 2008; Jonson-Reid & Barth, 2000). However, no study has considered how certain features of care experience might impact upon criminal justice outcomes for different ethnic groups.

The Laming Review estimated that 44 percent of all looked after children in custody come from an ethnic minority background (PRT, 2016: 65). The international research also suggests that there is a relationship between ethnicity and involvement in systems of care and justice, which warrants further investigation. Studies from the USA and Australia suggest that minority ethnic children in care have higher rates of youth justice involvement (see for example, Dollan et al. 2013; Goodkind et al., 2012; Ryan, Testa & Zhai, 2008; Stewart et al. 2008) and receive harsher outcomes than their white peers (Herz, Ryan & Bilchik, 2010).

The research aims to address gaps in knowledge with regards to the intersections between ethnicity and looked after status in offending and youth/adult criminal justice involvement. It will utilise new linked MoJ/DfE data to investigate the onset and frequency of offending of care experienced individuals and their ethnic group. It will explore the impact of various care system experiences (such as number of placements) on criminal justice outcomes, and whether this varies by ethnic group. In doing so, it will produce findings which will benefit professionals and policymakers and most importantly, BAME care experienced individuals.
 
Title Challenging (In)justice 
Description During National Care Leavers Week (Oct 2023), I published an animation developed with Barnardo's and created by Popla Media. The animation draws on the stories of 22 Black care-experienced young people in prison (Barnardo's Double Discrimination report) and quantitative analysis from my ADR UK policy briefing. It uses powerful imagery and a narrative to tell the story of how Black care-experienced young people may be let down by the care system, over-policed and criminalised and as result of their dual status. 
Type Of Art Film/Video/Animation 
Year Produced 2023 
Impact The animation has received over 13,000 views on twitter and 1,000 views via YouTube. It was published in the several newsletters, shared among youth justice and children's services colleagues in Greater Manchester and made available on Cambridgeshire Children's Services virtual learning space for practitioners. 
URL https://www.youtube.com/watch?si=zwClHjFrbRsYfRaU&v=x0YV2pTMAXI&feature=youtu.be
 
Description The project is the largest longitudinal analysis of ethnicity, care experience and youth justice involvement in England to date. It has used cutting-edge linked administrative data previously not available to researchers. The analysis covers 2.3 million individuals born between 1996 and 1999 who were recorded in the National Pupil Database in England at age 10. The research set out to explore the relationship between ethnicity, care experience (having been in foster care, children's homes and/or kinship care) and youth justice involvement through four research aims. The project has fulfilled all four research aims, however, only a selection of findings are currently cleared for publication. Further findings will be published in due course. The following four key findings from this project are currently in the public domain:

Key Finding 1: Care-experienced children were disproportionately likely to have youth justice involvement compared to those without care experience, with some groups of ethnic minority children being even more likely to have youth justice involvement.

Key Finding 2: The gap in youth justice involvement between care-experienced children and non-care-experienced children widened over time. This gap widened further still for some groups of ethnic minority children.

Key Finding 3: Typically, care-experienced children had much more youth justice involvement than non-care-experienced children. Some groups of ethnic minority care-experienced children had even higher levels of youth justice involvement.

Key Finding 4: A significantly higher proportion of care-experienced children received a custodial sentence compared non-care-experienced children. Custodial sentences were twice as common among Black and Mixed ethnicity care-experienced children compared to
White care-experienced children.
Exploitation Route This research has become the new benchmark for measuring the prevalence of youth justice involvement among care-experienced children in England. It is the only longitudinal dataset to also consider the intersections between ethnicity, care experience and youth justice involvement in the jurisdiction. The research has finally quantified the stark inequalities in youth justice involvement which some academics, practitioners and youth justice and children's services experts have long been aware of, and campaigned against. The scale of this research, credibility of the data source and direct links to government departments mean that policymakers may have to take notice of these issues. Moreover, the improvements to the MoJ-DfE data share which came about as a result of this project will almost certainly lead to more research and therefore greater understanding of the relationship between care histories and youth justice involvement for children in England.
Sectors Communities and Social Services/Policy

Government

Democracy and Justice

 
Description The findings from my policy briefing have become the new benchmark in measuring the extent of youth justice involvement among care-experienced children in England. The focus on understanding how system involvement differs by ethnic group has also opened up a national conversation about the intersections of criminalisation and racial discrimination. From the outset, there was a clear commitment to dissemination and engagement which was supported by excellent relationships with the data owners (ONS, MoJ and DfE) and project partner: Barnardo's. Barnardo's carried out complementary qualitative research with Black care-experienced young people in prison in England (for which I was Chair of the Board). The two projects completed at roughly the same time and dissemination efforts have been shared, through a joint launch event in Liverpool, joint animation, parliamentary roundtable event and numerous other events aimed at professionals working with care-experienced young people in criminal justice systems. Barnardo's is a large national charity with considerable influence in the sector and this relationship was pivotal to reaching policymakers and key stakeholders. As a result of these shared efforts, we are progressing the preventing unnecessary criminalisation agenda and also feeding into work to improve support for care-experienced young people in justice systems at both the regional (Greater Manchester and Cambridgeshire) and national level (MoJ, YJB and HMPPS). These conversations could lead to more robust policies (and potentially a statutory duty) which prevent care-experienced children and young people from entering justice systems wherever possible, and also better provisions for those who have already been criminalised who so desperately need support. All of this work would take account of the specific needs of care-experienced children from racially minoritized backgrounds, who have often been missing from discourses on these topics. This project has also had a more immediate impacts to the data resources made available through the Data First programme. As a direct result of feedback to the data owners, the MoJ and DfE have extended the available Children Looked After data as part of their data share. This will lead to a richer understanding of the links between children's social care involvement and a range of criminal justice outcomes.
First Year Of Impact 2023
Sector Communities and Social Services/Policy,Government, Democracy and Justice,Other
Impact Types Societal

Policy & public services

 
Description Baroness Floella Benjamin Open Letter
Geographic Reach National 
Policy Influence Type Implementation circular/rapid advice/letter to e.g. Ministry of Health
URL https://www.barnardos.org.uk/news/open-letter-baroness-floella-benjamin-vice-president-barnardos?utm...
 
Description Baroness Floella Benjamin speech in House of Lords
Geographic Reach National 
Policy Influence Type Implementation circular/rapid advice/letter to e.g. Ministry of Health
URL https://www.theyworkforyou.com/lords/?id=2023-11-08a.96.0
 
Description Cambridgeshire Children's Services Implementation of Recommendations
Geographic Reach Local/Municipal/Regional 
Policy Influence Type Contribution to new or improved professional practice
Impact Elle and Tapiwa are currently reviewing practices at Cambridgeshire Children's Services to see how they might deliver better support for Black and ethnic minority care-experienced children and their families.
 
Description Contact with youth justice policy civil servants
Geographic Reach National 
Policy Influence Type Contribution to new or improved professional practice
 
Description Development of Greater Manchester protocol
Geographic Reach Local/Municipal/Regional 
Policy Influence Type Contribution to new or improved professional practice
 
Description Expert advisory group for HMPPS updated strategy for care-experienced people
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
 
Description Extension to Ministry of Justice-Department for Education data share
Geographic Reach National 
Policy Influence Type Contribution to new or improved professional practice
 
Description Influenced care-experienced volunteer to take steps to improve support for care-experienced young people in their local area
Geographic Reach Local/Municipal/Regional 
Policy Influence Type Influenced training of practitioners or researchers
Impact In the letter, the man asked if I knew any organisations that provided support to care-experienced people. I later had a phone conversation with him and gave him contact details for the Rees Foundation. I also posted him the policy briefing and a report about care-experienced girls and women in justice system from an earlier project. The man later contacted the Rees Foundation who told him about 4 organisations in his local area that could use his help and support. He is currently decided which organisations to get involved with.
 
Description Ministry of Justice Data First programme awarded Government Collaboration Award
Geographic Reach National 
Policy Influence Type Contribution to new or improved professional practice
URL https://www.adruk.org/news-publications/news-blogs/ministry-of-justice-data-first-team-wins-award-fo...
 
Description Project Partnership 
Organisation Barnardo's
Country United Kingdom 
Sector Charity/Non Profit 
PI Contribution I had monthly project partner meetings with Rod Weston Bartholomew (Assistance Director, Barnardo's) in which we discussed emerging insights from my fellowship research. Rod was listed as a peer reviewer of cleared outputs and so was able to view my pre-publication materials. Between early 2021 and October 2023, I was Chair of the Board for Barnardo's qualitative project on Black care-experienced young people in the criminal justice system which met bi-monthly. Since the inception of the project, I used my academic expertise to shape the research aims, questions and fieldwork plan. As part of my role, I also attended monthly contract review meetings with Barnardo's and Listen Up who were commissioned to carry out the project. The partnership also involved joint dissemination activities including a launch event at Museum of Liverpool in September 2023, a parliamentary roundtable event hosted by Baroness Floella Benjamin, the production of an animation by Popla Media and several other joint presentations and events.
Collaborator Contribution Initially, Barnardo's made a contribution in-kind to the project through monthly meetings with Rod Weston-Bartholomew (Assistant Director) who is running the Care Journey's programme. Rod oversaw a qualitative project on Black care-experienced young people in the criminal justice system which was carried out by Listen Up. The monthly meetings involved sharing insights from both projects to bridge the gap between administrative data and lived experience. Barnardo's later contributed 50% costs towards dissemination outputs/activities including a joint animation, in-person launch event and parliamentary roundtable event.
Impact The outcomes of this partnership include dissemination events, a joint animation created by Popla Media as well as potential regional and national policy and practice impacts. The collaboration was interdisciplinary, spanning across areas of children's social care and youth and adult criminal justice.
Start Year 2022
 
Description ADR UK MoJ DfE Showcase Event 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Gave a presentation at an ADR UK event for the cohort of fellows working with MoJ-DfE linked data on 12 Oct 2023. I also facilitated a roundtable discussion about translating research into policy and practice change. At the event, I received an invitation to speak at Prison Reform Trust seminar and to adapt my policy briefing into a research briefing for the British Association of Social Workers (to be completed Spring 2024).
Year(s) Of Engagement Activity 2023
 
Description Animation featured in AYJ newsletter 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact The joint animation was shared in the AYJ (Alliance for Youth Justice) newsletter on 6 Nov 2023. The monthly newsletter goes out
Year(s) Of Engagement Activity 2023
 
Description Animation featured in YJBulletin 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact The YJBulletin included a news item about the joint animation on 3 Nov 2023. The YJBulletin is the main way that the Youth Justice Board provides information on practice and policy developments.
Year(s) Of Engagement Activity 2023
URL https://youthjusticeboard.newsweaver.co.uk/yots2/o5kb79512mt14o9hsek9v0?email=true&lang=en&a=11&p=63...
 
Description Challenging (In)justice: How Being Black Impacts Justice System involvement in England, Joint launch event with Barnardo's 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Third sector organisations
Results and Impact Joint launch event hosted with Barnardo's at Museum of Liverpool on 22 September 2023. The event brought together roughly 60 delegates including academics, practitioners, policymakers and the third sector. Most attendees were working within the third sector and academia in England and Wales, but there was one internationally recognised academic from New Zealand. The event included an opening address from Lynne Perry, CEO of Barnardo's, research presentations, an animation screening and roundtable discussions about using the findings to inform policy and practice. The event was compered by Paris Bartholomew, a motivational speaker and performer who reflected on her own experience of growing up in care as a Black woman.
Year(s) Of Engagement Activity 2023
 
Description Children and Young People Now news item about policy briefing 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Children and Young People Now, an online news source which specialises in children's social care, featured a story about the policy briefing based on the press release from MMU. Published on 25 Sept 2023.
Year(s) Of Engagement Activity 2023
URL https://www.cypnow.co.uk/news/article/one-in-three-children-in-care-enter-youth-justice-system-study...
 
Description Guardian news article about policy briefing 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact On 21 September 2023, the Guardian published an exclusive news story online about my policy briefing which was also published that same day. The article detailed findings from the research including the key statistic that 1 in 3 care-experienced children in the dataset had received a youth justice caution or conviction. The article also had supporting quotes from Anne Longfield, Executive Chair and Founder of the new Centre For Young Lives and former Children's Commissioner, and David Graham, Director of the Care Leavers' Association, about the significance of the research. I had been in contact with Simon Hattenstone and Danny Lavelle from the Guardian since April that year, and agreed to the exclusive because of the reputation of the journalists and the paper more broadly. The news article was widely shared on Twitter, led to a discussion item on LBC radio featuring Lord Laming (who chaired an independent review on the same topic in 2016) and was later picked up by several other news outlets. The article was also published in print the following week. In February 2024, I received a handwritten letter from a 73-year-old man who did not have a computer or access to the internet but had read the print version of the Guardian article (the letter was sent in November 2023 but only reached me several months later). The man had been in care as a child and currently volunteered with care-experienced young people in Greater Manchester. He said he was grateful that someone was bringing attention to the poor outcomes for young people in care but was saddened that so little had changed since he was a young man and asked if I knew any organisations that provided support. I later had a phone conversation with him and gave him contact details for the Rees Foundation.
Year(s) Of Engagement Activity 2023
URL https://www.theguardian.com/society/2023/sep/21/care-experienced-children-eight-times-more-likely-en...
 
Description HMPPS Insights: The Needs of Black Care-experienced Young People in the Criminal Justice System 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact One hour joint online event hosted with Barnardo's on 4 Oct 2023 as part of the HMPPS Insights series. Shared key findings from both projects and screened the animation with 29 attendees working in area. Led to Meka Beresford from National Independent Advisory Group (NIAG) getting in touch and I later joined NIAG meeting on 19 October with Barnardo's to discuss the projects.
Year(s) Of Engagement Activity 2023
 
Description Lancaster University press release about policy briefing 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Industry/Business
Results and Impact Lancaster University press release about the publication of the policy briefing published on 21 Sept 2023. The press release highlighted key findings and included a quote from Dr Claire Fitzpatrick, my co-author and an expert on the topic. It also gave details about the joint launch event with Barnardo's taking place the next day.
Year(s) Of Engagement Activity 2023
URL https://www.lancaster.ac.uk/news/one-in-three-children-whove-been-in-care-enter-youth-justice-system...
 
Description Manchester Metropolitan University press release about policy briefing 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact MMU press release about the publication of the policy briefing published on 21 Sept 2023. The press release highlighted key findings and included a quote from Dr Claire Fitzpatrick, my co-author and an expert on the topic. It also gave details about the joint launch event with Barnardo's taking place the next day.
Year(s) Of Engagement Activity 2023
URL https://www.mmu.ac.uk/news-and-events/news/story/16271/
 
Description MetCast interview 
Form Of Engagement Activity A broadcast e.g. TV/radio/film/podcast (other than news/press)
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact I was interviewed about the project by the MMU press office for MetCast, a podcast that brings together news about the university. The podcast was published on 18 Oct 2023.
Year(s) Of Engagement Activity 2023
URL https://www.mmu.ac.uk/news-and-events/news/story/?id=16311
 
Description Parliamentary roundtable hosted with Barnardo's and sponsored by Baroness Floella Benjamin 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact On 17 Oct 2023, I jointly hosted a parliamentary roundtable event with Barnardo's which was sponsored by Baroness Floella Benjamin. The event involved presentations on my project and Barnardo's Double Discrimination report, a screening of a shortened version of the animation, and contributions from Lynne Perry (Chief Executive of Barnardo's), Baroness Doreen Lawrence OBE and Mark Riddle MBE (National Implementation Adviser for Care Leavers at the Department for Education). The event was attended by 29 individuals including Members of Parliament and the House of Lords, senior civil servants working in the DfE and MoJ and senior professionals working in the third sector. The roundtable event also led to email contact with several youth justice policy advisors at the MoJ.
Year(s) Of Engagement Activity 2023
 
Description Policy Briefing discussed on Breakdown Podcast by Andi Brierley and Max Dennehy 
Form Of Engagement Activity A broadcast e.g. TV/radio/film/podcast (other than news/press)
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Key findings from the policy briefing were discussed on Breakdown Podcast by Andi Brierley and Max Dennehy on 28 Sept 2023. The podcast focuses on issues of criminal justice and caters to a broad audience.
Year(s) Of Engagement Activity 2023
URL https://www.youtube.com/watch?feature=shared&v=HvDCH_9mj-I
 
Description Policy Briefing news item in About Manchester 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact About Manchester, an online news source, featured a story about the policy briefing based on the press release from MMU. Published on 22 Sept 2023.
Year(s) Of Engagement Activity 2023
URL https://aboutmanchester.co.uk/one-in-three-children-whove-been-in-care-enter-youth-justice-system-ne...
 
Description Policy briefing featured in UKRI newsletter 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Other audiences
Results and Impact UKRI innovation newsletter featured news items about the policy briefing. The newsletter goes to a broad audience across research and government. Published on 22 Sept 2023.
Year(s) Of Engagement Activity 2023
 
Description Policy briefing featured in YJBulletin 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact The YJBulletin included a news item about the publication of the policy briefing. The YJBulletin is the main way that the Youth Justice Board provides information on practice and policy developments. Published on 22 Sept 2023.
Year(s) Of Engagement Activity 2023
URL https://youthjusticeboard.newsweaver.co.uk/yots2/a2u1rivevrh14o9hsek9v0?email=true&lang=en&a=11&p=63...
 
Description Presentation at ADR UK Conference 2023 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact Gave a presentation at the ADR UK Conference in Nov 2023. The audience was mostly academics but included some data owners, funders and professionals.
Year(s) Of Engagement Activity 2023
 
Description Presentation at British Society of Criminology Conference 2023 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other audiences
Results and Impact In July 2023, I gave a presentation on emerging findings as part of pre-planned panel on care experience and justice system involvement. The panel was attended by roughly 20 individuals from academia, including Professor Lorraine Gelsthorpe, who received the BSC Outstanding Achievement Award 2023 for her work on gender and justice systems.
Year(s) Of Engagement Activity 2023
 
Description Presentation at MoJ Data Science and Data Linking Hub meeting 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Policymakers/politicians
Results and Impact Attended the MoJ Data Science and Data Linking Hub team meeting on 21 Nov 2023 to give a presentation based on my policy briefing. The meeting also involved a presentation by Anna Leyland, another fellow using the MoJ-DfE data share. The groups brings together professionals working across the MoJ on issues relating to criminal justice data.
Year(s) Of Engagement Activity 2023
 
Description Presentation at NIAG meeting 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact Gave a short presentation based on my policy briefing and screened the animation at the National Independent Advisory Group (NIAG) meeting on 19 Oct 2023. The NIAG was established in 2014 to oversee the implementation of the recommendations from the Young Review and later the Lammy review. Members include representatives from across various governmental departments, academic institutions, and third sector partner organisations. Our purpose is to help those involved in the development and delivery of criminal justice practice and policy to create a system free from unfair outcomes for Black, Asian, and mixed heritage people.
Year(s) Of Engagement Activity 2023
 
Description Presentation for Midlands Multi-agency Care Experience Showcase Event at HMPPS Newbold Revel training college 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Professional Practitioners
Results and Impact Invited to present at launch of Care Experience Pledge created by Midlands Multi-agency Care Experience Working Group. Gave a 30 minute presentation with Barnardo's sharing key findings from both projects and screened the animation on 3 Oct 2023. Roughly 50 attendees working in probation and/or the prison service were in attendance.
Year(s) Of Engagement Activity 2023
 
Description Russell Webster blog post about policy briefing 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Russell Webster wrote a piece about the policy briefing for his popular criminology blog. Published on 25 Sept 2023.
Year(s) Of Engagement Activity 2023
URL https://www.russellwebster.com/ethnicity-care-experience-and-involvement-in-the-justice-system/