An empty fridge because staff were eating the food. Watching a young girl try to take her life. A revolving door of strangers. Fights between young people. Being shrugged off as attention-seeking. Worrying about homelessness. Unable to sit exams that will help them get a job because of the trauma they experienced. The kitchen being locked at certain times. Confronted by police wearing riot shields following an argument with a carer, going into the bathroom and punching a door in frustration. Arrested for assault even though it was the staff member who assaulted them.

These are just some of the real-life examples shared by 'care-experienced' young people at a parliamentary event last week to unveil a practical guide for defence lawyers, 'Dare to Care: Representing care experienced young people'.

One person told the event, hosted by shadow attorney general Emily Thornberry MP, that his barrister encouraged him to plead guilty because, he was told, no one would believe him.

Solicitor Laura Janes, who co-authored the guide with Garden Court Chambers' Kate Aubrey-Johnson, represented a 14-year-old without a decent care plan, who was remanded in custody for more than 10 months. Janes had to remind the local authority of its legal obligations. With Janes’ help, the boy received a community sentence instead of a custodial one and was able to celebrate his 15th birthday in the community.

The event heard that care experienced young people are up to six times more likely to be criminalised than other children. In 2022, only 1% of children in England were in care, but 59% of children in custody in England and Wales were care experienced.

The guide has been designed to support defence lawyers in understanding the relevant framework and reduce unnecessary criminalisation. 

Lawyers will hear the voices of young people throughout the guide, Janes said. ‘The more you hear voices, the more you will understand. We want every lawyer in contact with a client under 25 to take the time to find out whether or not that person is care experienced. They’re not always going to tell you. They may not themselves know it’s relevant. It’s almost always going to be hugely relevant.'

Aubrey-Johnson said: 'The terrifying thing is nothing in this guide is new law. All the protections that already exist, they are just not being used.'

Guests at the event included outgoing director of public prosecutions Max Hill KC. The 17-year-old worried about becoming homeless when he turns 18 told the event: 'It is essential that people like you, with influence and power, ensure the pipeline to homelessness and unnecessary criminalisation of young people doesn’t go on any longer.'

The guide was co-produced with the Drive Forward Policy Forum and in collaboration with the Youth Justice Legal Centre.

 

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