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

The Child Youth and Community Tribunal (CYCT)

From Justice to Welfare

Karen Brady, Children’s Convenor, UK

http://www.cyct.org.gg/index.php?page=2

BAILIWICK OF GUERNSEYGuernsey, 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)



BAILIWICK OF GUERNSEYGuernsey, Alderney, Sark, Herm, Jethou, Lihou, Brecqhou

1.3% unemployment

Average house price £439,837

Reported crime 2094

(Guernsey Facts and Figures 2012)



History of Children’s Hearings System Scotland

Kilbrandon Report 1964Findings• 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



Kilbrandon Report 1964Recommendations

• 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



Kilbrandon Report 1964

Features of the proposed system Constitution Jurisdiction Compulsory

intervention Right to appeal

The right to prosecute

Referrals Social education

services


FROM SCOTLAND TO GUERNSEY


Bailiwick Review: Key Principles

Welfare must be paramount

Within family and community

No order unless necessary

Avoidance of delay

Voice of the child



Bailiwick Review: Conclusions

Community involvement

Involving children and families

Reducing burden on Courts

Reducing costs

Target causes of crime



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.



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”




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




Experience and Observations











KILBRANDON PHILOSOPHY



Observations

The Children’s Convenor Meeting

• Legal representation/protection of rights

• Enlightenment and understanding• Direct & effective engagement




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




Observations

Young people who commit offences• Multi agency discussion

320276

221222 204 175

2010 2011 2012

Children Referred on Offence GroundsReferrals Individual children




Observations

Young people who commit offences2012

• 50% of offences were jointly reported• 35% were retained for prosecution• 63% of jointly reported aged 16 and over




Observations

Speed of Decision Making 2012

Average time from referral to Convenor decision (working days)

Average time from referral to CYCT decision (working days)

All Referrals 36

Offence Referrals 20

All Referrals 123




Observations

Culture, systems and practice

• “Integrated social education”• Referral practice• Thresholds• Language



Has the transition to a welfare based model been achieved?

• Supportive culture

• Transformational change

• Framework of law, social policy and professional practice

• Patience and persistence!

Yes, however.....



Documents

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