The Child Youth and Community Tribunal (CYCT) From Justice to Welfare

1. The Child Youth and Community Tribunal (CYCT) From Justice to Welfare Karen Brady, Children’s Convenor, UK

2. BAILIWICK OF GUERNSEY Guernsey, Alderney, Sark, Herm, Jethou, Lihou, Brecqhou • 30 miles from France • 70 miles from England • 24 square miles • Population of 62,915 • 13,168 under 20 years • 8,831 children in education (Guernsey Facts and Figures 2012)

3. BAILIWICK OF GUERNSEY Guernsey, Alderney, Sark, Herm, Jethou, Lihou, Brecqhou • 1.3% unemployment • Average house price £439,837 • Reported crime 2094 • (Guernsey Facts and Figures 2012)

4. History of Children’s Hearings System Scotland Kilbrandon Report 1964 Findings • Similarity between children who commit offences and those in need of care and protection • Most powerful and direct influences lie within the family and the home • Juvenile court not suitable for dealing with children’s wider problems • A process of social education is required to support and further the natural familial instincts

5. History of Children’s Hearings System Scotland Kilbrandon Report 1964 Recommendations • A new decision making forum required to deal with all children in need • Disputed factual matters would remain with the court • The offence would have significance only as a pointer to the need for intervention • Overriding and paramount principle is the needs of the child

6. History of Children’s Hearings System Scotland Kilbrandon Report 1964Features of the proposed system • Constitution • Jurisdiction • Compulsory intervention • Right to appeal • The right to prosecute • Referrals • Social education services

7. FROM SCOTLAND TO GUERNSEY

8. Bailiwick Review: Key Principles • Welfare must be paramount • Within family and community • No order unless necessary • Avoidance of delay • Voice of the child

9. Bailiwick Review: Conclusions • Community involvement • Involving children and families • Reducing burden on Courts • Reducing costs • Target causes of crime

10. THE CHILD YOUTH AND COMMUNITY TRIBUNAL BASIC PRINCIPLES • Children’s needs and deeds must be addressed together, • Children who offend often have the same needs and background as children in need of care and protection, • Local community is best placed to decide what should happen to its children, • Children and their families should be active participants in finding solutions to their problems.

11. THE CHILD YOUTH AND COMMUNITY TRIBUNAL KEY FEATURES • Decision making by trained volunteers from local community • Deals with most child protection and child offending • Legal process but less formal procedure • Children’s Convenor – “gatekeeper” • Active participation of all parties • Multiagency approach to assessment and intervention • Voluntary intervention tried and failed or unlikely to succeed • Single order = “care requirement”

12. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Key Differences from Scottish Children’s Hearings System • Explicit welfare principles • Entry age limit = 18 • Children’s Convenor Meeting • Standard of proof - balance of probabilities • Age of criminal responsibility = 12 • No criminal consequences • Secure accommodation • Long term or permanent removal from family reserved to the Court

13. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Experience and Observations

14. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Experience and Observations

15. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Experience and Observations

16. KILBRANDON PHILOSOPHY

17. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Observations The Children’s Convenor Meeting • Legal representation/protection of rights • Enlightenment and understanding • Direct & effective engagement

18. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Observations Young people who commit offences • 2 key adaptations • 4 key facts (McAra & McVie, 2010) • Persistent serious offending is associated with victimisation and social adversity • Early identification of ‘at risk’ children is not an exact science • Critical moments in early teenage years are key to pathways out of offending • Diversionary strategies facilitate the desistance process

19. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Observations Young people who commit offences • Multi agency discussion

20. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Observations Young people who commit offences 2012 • 50%of offences were jointly reported • 35% were retained for prosecution • 63% of jointly reported aged 16 and over

21. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Observations Speed of Decision Making 2012 Average time from referral to Convenor decision (working days) Average time from referral to CYCT decision (working days)

22. THE CHILD YOUTH AND COMMUNITY TRIBUNAL Observations Culture, systems and practice • “Integrated social education” • Referral practice • Thresholds • Language

23. Has the transition to awelfare based model been achieved? • Yes, however..... • Supportive culture • Transformational change • Framework of law, social policy and professional practice • Patience and persistence!