Page 17 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

The Working Party

1.9 The focus of our work has been the experiences of BAME children in the YJS,
as this represents an area where racial disparities are most severe and
impactful. For many, childhood experiences represent the start of a life-long
series of negative interactions. It is this cycle of criminalisation that we wish
to interrupt.

1.10 Previous attempts to address discrimination have focussed predominantly on
the failings of individuals, with improved training seen as a panacea. This may
have contributed to a lack of joined up thinking, with no overarching
ownership of the issue. Instead, we consider that focus must shift to addressing
institutional failings. If individuals are making biased decisions, it is because
there are inadequate structures and processes in place. As such, institutional
responsibility for preventing racial biases must be a priority.

1.11 A further driver for the shift in focus is the nature of biased decision-making.
It is often discretionary decisions that drive poor outcomes for BAME people.
Such biases often manifest in the YJS at junctures where discretionary
decisions determine outcomes for children. For instance, in the belief that
certain behaviour is suspicious, or in the labelling of a group of friends,
whether or not caught up in violence, as a gang. It is difficult, at a granular
level, to pinpoint the reasons for discretionary decisions, where so many
factors are at play and where there is no explicit evidence of racism. Rather,
we must turn to look at the wider context in which such decisions are made,
how racism and racial disparity are detected, and what steps can be taken by
institutions to prevent discriminatory practices. This report will make
recommendations that focus on achieving that change.

1.12 The Working Party considers its role as acting to identify and shine a light on
the good practice that exists within the YJS, as well as to interrogate the
reasons for its inconsistent application. In order to do this, we sought to
investigate three broad themes within the YJS: (a) policing; (b) biased
perceptions and (c) post-charge processes. We selected these themes as we
considered that addressing interactions and processes prior to conviction would
be the most effective way to reduce racial disparity. We conducted our
investigations predominantly by taking evidence from various experts, as well
as those with lived experience. Through this evidence, combined with our

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