Background

The number of girls in the youth justice system has always been a fraction of the total caseload at around 15 per cent. In the last decade and a half, the number of justice-involved children has declined by nearly 90 per cent, with girls now making up a very small number of cases (particularly within the youth custodial estate). This can make providing services to girls difficult; the European Guidelines on Child-friendly Justice recognise that girls, as a minority, can have their needs overlooked, leading the Committee to recommend that they are paid special attention through gender-sensitive provision.

Key statistics are as follows:

• in the year ending March 2023, 14 per cent of the children sentenced or cautioned were girls
• girls make up a very small portion of the youth custodial caseload; in the year ending March 2023, the average monthly population was 12 girls
• girls’ offending is usually less serious than boys, with only six per cent of girls committing offences in the most serious category (a gravity score of 5 or more) compared to 18 per cent of boys (year ending March 2023)
• of those girls sentenced in the year ending March 2020 with a completed AssetPlus assessment, there were concerns in relation to mental health in 81 per cent of cases (compared to 69 per cent for boys)
• reoffending rates for girls are consistently lower than for boys; for the year ending March 2022 cohort, the reoffending rate for girls was 24 per cent (compared to 34 per cent for boys).

Summary of the evidence

Backgrounds of justice-involved girls

The context of an individual’s life is always important, but this is particularly the case for girls in the youth justice system. Justice-involved girls have often had chaotic lives, with their backgrounds characterised by structural, institutional and familial injustices and disadvantages. Experiences of neglect, abuse, family breakdown, sexual exploitation, time in care, and other adverse childhood experiences are common. The mental health literature also indicates that girls are more likely than boys to internalise mental distress.

Find out more about adversity and trauma

There have often been frequent experiences of violent and sexual victimisation at home, on the streets, in state care, and/or in custody. Different reports have found that between 30 and 70 per cent of girls have been sexually harassed at school, with most cases being peer-on-peer, and some studies have found that girls in care are nearly four times more likely to have suffered sexual abuse than boys.

Find out more about child sexual exploitation

In a 2020 Youth Justice Board study, it was reported that girls were more likely than boys to be a child in need (22 per cent compared to 18 per cent), on a child protection plan (13 per cent compared to 8 per cent), an eligible child (18 per cent compared to 15 per cent), and to have siblings in the care system (37 per cent compared to 27 per cent). They were more likely than boys to be identified as having a high/very high level of safeguarding need (47 per cent compared to 42 per cent). Girls were also more likely than boys to have mental health concerns (81 per cent compared to 69 per cent).

Gendered thinking

In 2012, the All Party Parliamentary Group on Women in the Penal System (APPGWPS) highlighted how girls could be more harshly treated by courts because of their greater welfare needs or perceived level of reoffending. When girls commit serious offences, their lawbreaking can be seen as particularly shocking, and there was concern in the APPGWPS report that certain crimes by girls were dealt with more seriously, typically around offences that exhibited behaviour outside of gender stereotypes, such as fighting or criminal damage.

These stereotypes and their consequences can be aggravated by other intersections such as race, with Black girls sometimes seen as angry and less innocent. Research has shown that Black girls are often viewed as more mature for their age, and thus more responsible and less vulnerable. This can result in more punitive sanctions and less access to the required support. Muslim girls can also suffer from a form of religious misogyny, with transgressions not only leading to more serious sanctions as they are seen to have violated stereotypes of being ‘passive and oppressed’ but also isolating them from community resources due to heightened stigma in their community.

Effective interventions and approaches

The value of gender-responsive interventions for girls has been highlighted in a number of studies, and there is some evidence that they can produce positive results in relation to recidivism and other outcomes such as the development of positive support systems, access to employment, and increases in self-esteem and empowerment. Research suggests that gender-responsive interventions should provide an integrated approach (rather than addressing one specific problem) and should:

• address trauma and recognise the significance of mental health issues
• recognise the importance of relationships in girls’ lives and use these to construct alternative attitudes and lifestyles
• have a focus on building upon strengths and promoting resilience
• promote the constructive use of networks of support – family, professional and social.

An example of an evidence-informed approach is the ‘Getting out for Good’ (GOFG) project which combines gender-specific mentoring with sporting and cultural activities. The girls and young women (aged 14-21 years) involved in the project were found to be marginalised and increasingly vulnerable, with frequent issues of parental neglect, care experience, school exclusion, drugs and alcohol misuse, and significant mental health and emotional needs. The theory of change for the project was revised over time, encompassing a focus on improving (i) emotional skills and agency (individual level), and (ii) social skills and capital (community level). The need for a bespoke approach was fully recognised, ensuring that girls and young women are enabled and assisted in their own unique journeys, particularly at vulnerable points in their lives.

The importance of trusted and consistent relationships

Justice-involved girls have often had a ‘conveyor belt’ of professionals coming in and out of their lives. Trusted and consistent relationships are thus very important when working with girls. Maintaining these relationships can be important for effective delivery and in bridging gaps in interventions, particularly during transitions when many services will move from being provided by youth services to adult services (or such services falling away).

The need for contextual understanding

Much of the current system to protect children is designed around interacting with the child and their family, and yet much of the abuse that girls are subject to happens outside the home, within groups, often peer groups, and in places where the child protection system does not often engage such as school, parks, takeaways and other gathering spots for children. Safeguarding systems therefore need to be both contextual and holistic to account for the full spectrum of the girl’s life, working with the girl and their family but also addressing issues in their environment and social groups.

The need for more data and research

While the numbers of justice-involved girls are published, it is often difficult or impossible to find detailed statistics for the youth justice system broken down by gender. For instance, we do not know how many girls are transitioning out of the youth justice system and into the adult system. Where data is broken down by gender, it is often not then further broken down by other factors, making it very hard to tell, for example, whether Black girls have the same experience in youth justice as White girls. There is also scope for more research into justice-involved girls, with some findings predating recent changes in the youth justice system and the large drops in the youth caseloads.

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Last updated: 19 July 2024