AYJ Comment: Commission on Race and Ethnic Disparities
The lack of focus on racial discrimination in the youth justice system is a glaring omission from the report of the Commission on Race and Ethnic Disparities – the cumulative impact of racism and structural inequalities on children who come into conflict with the law must not be ignored.
The Lammy Review in 2017 highlighted racial disparity in youth justice as its ‘biggest concern’. Children from ethnic minorities are overpoliced, more likely to be stopped, searched and arrested, less likely to be diverted, and are therefore disproportionately likely to end up in the criminal justice system. In January this year, the Youth Justice Board published research examining Ethnic disproportionality in remand and sentencing in the youth justice system, which found that minority ethnic children were more likely to be given custodial remand, and in ‘almost all cases’ Black, Asian and mixed ethnicity children were more likely to receive harsher sentences, and less likely to receive out of court disposals. Black children specifically face more severe court sentences, with differences in practitioner assessments of Black children appearing to contribute to harsher outcomes.
Black and minority ethnic children now represent 52% of children in prison, compared with only 18% of the child population. During their time in youth custody, Black and minority ethnic children consistently report worse experiences and treatment than white children. The criminal records system further perpetuates racial inequalities in the justice system, creating additional barriers for Black and minoritised children and young people by impacting access to education, employment and housing - preventing them moving on from past mistakes.
The Sewell Report neglects to engage with many of these critical issues or call for the meaningful action that is necessary to address them. The AYJ has joined a total of 21,882 signatories to support a joint letter to the Prime Minister, coordinated by the Runnymede Trust, calling for him to reject the report and to take immediate steps to combat racism based on the findings of multiple rigorous investigations conducted over the last 20 years.
Commenting on the report, Pippa Goodfellow, Director of the Alliance for Youth Justice, said:
“Black and minoritised children face cumulative discrimination before, during and after their involvement with the youth justice system. Racial disparity becomes more acute throughout the system, in line with the intensity of intervention. This report has failed to acknowledge these experiences, let alone seek to address them with the urgent call to action that is required.”
The government claims that addressing racial disparity in the justice system is a priority, but progress in implementing the Lammy Review recommendations has been woefully inadequate and racial inequality continues to worsen. Measures proposed in the Police, Crime, Sentencing and Courts (PCSC) Bill come with an explicit acknowledgement that they will exacerbate the existing inequalities. Last month, the AYJ joined a coalition of criminal justice and race equality organisations and wrote to the Prime Minster warning that the government’s plans for policing and sentencing will further entrench racial inequality in the criminal justice system. Read AYJ’s briefing in response to the Bill and see our responses on Reducing the number of children remanded to custody and Reform of childhood criminal records for a detailed analysis of how some of the proposals could be strengthened to help address racial disparity.
Tackling Racial Injustice: Children and the Youth Justice System was published in February 2021 by a working party convened by JUSTICE, with significant contributions from the AYJ and many of our members. Work was undertaken over 18 months to address deep concerns over racial disparity in the youth justice system, and the final report makes 45 positive, practical recommendations for change. As underlined in the JUSTICE report:
“Racial discrimination thrives because structural disadvantage exists. While individuals have an important role to play, their individual contributions, to either perpetuating or combating discrimination, are dwarfed by the impact of the institutions that make up the criminal justice system. It is the responsibility of the system, and not the children, to change.”
The AYJ, alongside our members and partners, will continue to push for the implementation of these recommendations and support the continued efforts of communities seeking equal justice.