Girls in care more likely to be in criminal justice system than boys, report finds

Care-experienced girls are at a higher risk of caution or conviction than boys in care, according to a recent study by Dr Anne Leyland from Manchester Metropolitan University.

Although boys are more likely to be in the criminal justice system than girls, the study reveals that girls in the care system are 5.7 times more likely than their peers to have a caution or conviction, whilst boys in care are 3.5 times more likely to be convicted for a crime than boys outside of care.

A report by the Alliance for Women and Girls at Risk shows that the higher concentration of care experienced girls in English prisons is primarily due to a care system and a criminal justice system which are designed to address the needs of men and boys. Both ignore the complex, interdependent disadvantages and adversity faced by women.

Like many children in care, girls entering the care system often suffer significant trauma from the abuse they experienced within their own homes. The intervention of social services can perpetuate further trauma for girls and young women, who are often victims of sexual exploitation, early sexual intercourse and early motherhood in care.

Studies suggest that care placements, such as mixed-gendered accommodation, expose young girls to a greater risk of sexual exploitation, and the constant transition between placements makes it challenging for them to find any sense of stability in their day-to-day life.

Social care research shows that girls in care tend to suffer from severe mental health issues and substance abuse, which makes them more vulnerable to transitioning from the care system into the criminal justice system.

Care criminalisation has also been noted as a concern by researchers. Rather than being recognised as vulnerable individuals in need of support, young women with care experience are often treated by the justice system as individuals posing a risk to others. Care-experienced women have reported police involvement in managing behavioural incidents in children’s homes.

At the same time, they are more likely to be blamed for their adverse circumstances which precede their offending, such as criminal and sexual exploitation.

In particular, care-experienced women with intersecting, marginalised identities are vulnerable to compounding disadvantages due to structural racism and policy which fails to address their specific needs.

The Young Women’s Justice Report has previously condemned these “gender-blind” responses to the needs of vulnerable young women in care and in the criminal justice system.

Their report has emphasised the need for “gender-sensitive” solutions for women who have faced multiple adversities, such as support services that provide safe, women-only environments and non-punitive responses to their vulnerabilities, instead of criminalisation.