23rd June 2025
Research funded by the Nuffield Foundation and undertaken by researchers from the University of Bedfordshire and Manchester Metropolitan University between 2022 and 2025 has concluded that offences committed by minoritised children are being treated more severely. This has resulted in more intensive diversionary outcomes compared to their White peers who have committed the same offences.
Exploring racial disparity in diversion from the youth justice system - Nuffield Foundation
Details
The project set out to investigate racial disparities in diversion in the youth justice system (YJS).
The project considered numerous sources of resource including a literature review, qualitative and quantitative data surveys over a 3 year period and detailed field work with interviews with 34 children and 51 professionals.
Findings
The key findings from the project were that:
- There are ethnic disparities in outcomes of the diversion process, in that offences committed by minoritised children are treated more severely, resulting in more intensive diversionary outcomes compared to their White peers who have committed the same offences. But yet, Black boys are more than twice as likely as their White peers to receive a Community Resolution or No Further Action. However, this finding needs to be considered in the context of the fact that Black boys are proportionately more likely than White boys to be arrested in the first place and so are more likely to receive any kind of disposal;
- Domestic violence and other forms of abuse, difficult relationships with parents and siblings, bereavement, parental substance misuse, family criminality, poverty and educational problems were present in the majority of cases;
- Children’s ethnicity is not being consistently recorded by police and official police data and children’s accounts suggested that minoritised children reported multiple negative interactions with police;
- Several children in the study reported experiencing racism at school, from both teachers and peers, who in turn felt ignored or treated unfairly;
- There were often long gaps between the incident leading to police and youth justice involvement, and the actual diversionary support package offered; and,
- There was limited evidence of the monitoring and reporting of outcomes from diversionary support packages. The reasons for this are not clear from the research but require consideration at local level.
Commentary
The report has included some key recommendations to ensure that practical steps are taken by all professionals within the YJS to reduce and eliminate racial disproportionality within the system. Strengthened evaluation practices, consistency in decision making and youth justice professionals to be consulted in all custody suite decisions involving children have been put forward.
In the meantime, YJLC offer multi-disciplinary training on out of court disposals (OOCDs) and diversion to local police forces and youth justice teams. The aim is to provide a comprehensive overview of the OOCDs available to children, along with the relevant law and guidance that shapes the decision-making process to ensure better consistency and a truly child first approach. The training consistently receives outstanding feedback from attendees with increased confidence in practice. Contact [email protected] for more information. Please also download YJLC’s latest legal guide for an up to date overview of the system: Out of Court Disposals