Page 75 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

consider that these restrictions should be lifted with YORPs available for
young adults.

Enhancing children’s voices

3.43 Throughout the YJS, children often feel that they understand neither what is
happening to them nor the consequences of their actions. This can usually be
remedied through supportive parents or good legal representatives taking the
time to explain the procedure to the child. However, with BAME children this
safety net cannot always be relied upon.

3.44 The diversity of BAME communities and the greater likelihood that they are
economically deprived can mean that parents struggle to represent their child’s
interests. In large part, this is because they themselves do not fully understand
youth justice processes, how to raise concerns, or trust that the best is being
done for their child. Poorly paid or insecure employment can make it hard to
be available to advocate on behalf of a child. Inadequate provision for non-
English speakers can compound this. We have heard that in a Romanian
community in Manchester, the children can speak English but the parents
cannot. Due to a lack of available interpreters, children are required to translate
complex legal matters to their parents, which can mean they leave out,
downplay, or misunderstand important pieces of information. Conversely,
parents may urge a child to go to trial or plead guilty as they become frustrated
waiting for interpreters to become available. Although legal representatives try
their best, their limited resources and relationship with the child’s family can
make it difficult to explain the process as fully and carefully as is necessary.

3.45 This lack of parental voice is something that is beginning to be understood
within the context of school exclusions. JUSTICE’s report, Challenging
School Exclusions, 215 highlighted how BAME children suffer exclusion at a
disproportionately higher rate than White children, with GRT and Black
children being particularly badly affected. Exclusions can be profoundly
damaging to a child, sometimes resulting in subsequent involvement in gang
activities. As such, organisations such as Hackney CVS have understood the
importance of ensuring children are not excluded in the first place. In order to
prevent exclusions, Hackney CVS supports children at exclusion hearings, and
engages with parents throughout the process. This has led to successful

215 JUSTICE, Challenging School Exclusions, (November 2019).

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