Page 84 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

consider that the police could create hubs, from which workers could attend a
number of stations in an area.

4.10 This programme would ensure a greater level of welfare protection than
currently provided. At the moment, the responsibility for ensuring the welfare
of children in custody rests on volunteer Appropriate Adults (AA) 233 who carry
out a statutorily defined role limited to supporting children in custody and
during an interview. Although many are excellent, they may not be
immediately available, meaning a child has to wait for a long time without
support. The majority of AAs are people with a socio-economic background
that allows them to volunteer. As a consequence, most are White. Although
matching people’s background to children in custody is not essential, it can be
immensely helpful where the AA has sufficient cultural competence to form a
positive connection with the child. Parents can fulfil the role of AAs. However,
although they may know more than a volunteer about their child, they are
unlikely to be legal experts and may not know what rights their child has or be
able to digest information provided to them by police in the short time given.

Specialist Legal Advice

4.11 The failure of the YJS to meet BAME children’s expectations has led to worse
outcomes for them. This is most apparent where they refuse legal advice at the
police station, due to the perception that duty solicitors work for the police.
This means that children may not realise they have a defence, or respond ‘no
comment’ when providing information may be beneficial to their case. We
understand that distrust may emanate from a lack of understanding about what
a duty solicitor is, as well as misperceptions that they are ‘pally’ with police
officers.

4.12 A lack of understanding of the role of duty solicitors is typical of the lack of
information children are provided with throughout the YJS, and the form in
which it is provided. In order for children to understand what is happening,
all information provided to them should be child friendly and culturally

233 The role of an AA is to safeguard the interests, rights, entitlements and welfare of children and
vulnerable people who are suspected of a criminal offence. They do this through ensuring they are
treated in a fair and just manner and are able to participate effectively. Local authorities are required to
ensure AA provision in their areas and this is done through the recruitment of volunteers – See the
National Appropriate Adult Network, ‘What is an appropriate adult?’ see also Section 38, Crime and
Disorder Act 1998.

77