Definition

Effective communication in the youth justice system entails practitioners using clear, simple language and adapting their approach to the child's age and understanding, while actively listening to and respecting their voice. Effective communication builds trust through respectful, non-hierarchical relationships, with practitioners working to ensure the child understands the process and is meaningfully involved in decisions that affect them. Communication tools (e.g. communication passports and Talking Mats in the good practice examples section) can support this.

Police focus on and have responsibility for effective communication is crucial as, due to their young age and (im)maturity, children may struggle with the communication skills needed for meaningful participation in the justice system, even one ostensibly tailored to them. This is even more the case given the prevalence of speech, language and communication needs among the youth justice cohort (see research summary). As the NPCC’s child-centred policing strategy stresses, police “need to be professionally curious and conscious of differing communication needs.” Effective communication is essential to procedural fairness, a model which emphasises the importance of feeling fairly treated in determining future trust in and compliance with the law and from which the principles of child-centred policing are drawn.

Research summary

Research highlights the communication demands participation in the youth justice system places on children, with “considerable proficiency in language” required and children having to “navigate a succession of challenging verbal interactions”.1  A lack of understanding on the part of children was a key theme in our research on both diversion (e.g. “Not sure what I got.”; “I don’t know how long I have left.”)2 and youth courts (e.g. “I didn’t have a clue.”; “they use words that I don’t understand, posh words”; “I’m trying not to give a bad impression, so I keep quiet.”).3 Such struggles are likely to be especially pronounced for those with communication needs and, as the statistics outlined below show, these needs are prevalent among the youth justice cohort. The Royal College of Speech and Language Therapists lists articulation, perception, listening skills, recall, expression, and interaction – all important in navigating the criminal justice system – as key competencies children with communication difficulties may need support around.4 

According to the national statistics published by the Ministry of Justice and the Youth Justice Board, 71% of children sentenced in the year to March 2020 had identified speech, language and communication needs.5 Given the prevalence of communication needs in the youth justice cohort, the Communication Trust, the Dyslexia SpLD Trust and the Autism Education Trust advise practitioners to “assume that any young person you are working with has communication needs until it is proven otherwise.” 6 

Research suggests that, in the absence of professional curiosity, communication difficulties may be misinterpreted by practitioners as attitudinal or behavioural issues, affecting criminal justice outcomes. Snow & Powell note that such difficulties may result in “monosyllabic, poorly elaborated and non-specific responses” together with “poor eye-contact and occasional shrugs of the shoulders.”7 They suggest that “[s]uch responses are likely to have a confirmatory effect on the biased impressions that many authority figures already hold about marginalised young people”, with attempts at engagement misconstrued as “deliberate rudeness and wilful non-compliance”.8   

Effective communication overcomes what Case et al criticise as the “adult-centric practitioner bias”, which can unhelpfully frame children’s communication difficulties or attitudes as the main factors driving disengagement.9 Effective communication strategies on the part of practitioners ensure that, rather than children being made solely responsible for engaging, the impetus is placed on practitioners to work thoughtfully and effectively with them to foster engagement and meet them where they are. 

The literature points to some effective practice in communicating with children in the justice system. For example, in ‘Sentence Trouble’, the Communication Trust, the Dyslexia SpLD Trust and the Autism Education Trust outline a number of effective communication practices for criminal justice practitioners to support children with communication needs. These include:  

  • using simple language;  
  • speaking a little slower than you would normally;  
  • asking the child to repeat back in their own words what you have said;  
  • giving an overview first; giving extra time for the child to listen and process; using visual aids to support understanding;  
  • giving reminders of appointments; asking them what would help them; and  
  • making written materials simple and clear.10  

Considering the prevalence of communication needs among the youth justice cohort, practitioners are also advised to ‘assume that any young person you are working with has communication needs until it is proven otherwise.’11 

Top tips for achieving effective child-centred communication

  • Use child and developmentally-friendly language: Remove jargon from written and visual text in order to ensure information that is being shared is clear and concise. Often youth justice services will have any documents that are to be shared with children reviewed by a speech and language therapist to promote understanding. Where possible, tap into the resources available through your youth justice services and local authority or, where resources allow, create your own. The Youth Justice Charter provides several resources explaining a child’s contact with the youth justice system and their rights, this can be a useful starting point. 

  • Acknowledge the impact of the environment on meaningful engagement: Research suggests that being in police custody and/or attending a police station can be quite traumatic for children, with some children resorting to passive police interviews in order to reduce the amount of time spent at the station. To remedy this, we suggest that custody be used as a last resort unless the investigation requires it and the location/environment for police interviews or police contact should be adapted to achieve best evidence and reduce traumatic experiences.

  • Engage with services (Education, Health and Children’s Social Care) at the earliest opportunity: Children make a up a very small percentage of the justice system, which means that frontline officers do not often have contact with children nor is the system built with these children in mind. Consider which agencies are best suited to engage and support a child. If the child and their family have support from other agencies, allow for a coordinated response from the police and relevant agency, with the other agency taking the lead. 

  • Support the role of the Appropriate Adult: Appropriate Adults should safeguard a child’s interests, ensure their fair treatment, participation, understanding of rights, and the ability to exercise them. Most importantly, they should support and assist with communication.  Since the appropriate adults can be trained volunteers or a familiar person to the child, it is important that they receive adequate information about how to support the child’s communication needs. The National Appropriate Adult Network provide guides and videos on how to give children the best possible support. 

  • Recognise the impact of SLCN on how a child interacts with the police: Contact with the police can be scary and traumatic for a child and they might not always present in a way you expect, particularly if they have speech, language and communication needs (SLCN). As such, professional curiosity should be employed, and police should facilitate engagement by, for example, allowing for short breaks, repeating or clarifying questions, allowing them more time to process and respond, and asking the child to explain what they understood. 

  • Amplify the voices of children and their families: Before making a decision about a child, the child and their family should (where appropriate) be given an opportunity to discuss the child, their background what they might need to support with. Police should endeavor to engage with parents/carers, appropriate adults and the YJS about the child before final decisions are made. This can give a more holistic view of the child’s needs and provide insight into how to effectively engage with the child. 

  • Provide training for sergeants and inspectors with a particular focus on maturity, brain development and remorse: Decision makers play a vital role in ensuring that children have access to the right information at the right time and they can advise and instruct their team on the best course of action when engaging with a child. Children differ significantly from adults in terms of their thinking, socializing, behaviour, and physical development. The research tells us that as brain maturation can continue into the mid-twenties, a child might not fully comprehend the consequences of their actions, be able to resist impulses, or demonstrate restraint. Regular training on the communication needs of children in the justice system and effective communication strategies to respond to these needs will help embed a child-centred and child first approach to communication.

Centre for Justice Innovation publications

Exploring the Responsiveness of Youth Diversion to Children with SEND– In this literature review, as well flagging the high rate of communication needs among the youth justice cohort, we highlight communication and (mis)interpretation as a potential bar to diversion access. 

These discussions are furthered in our full research report, How is youth diversion working for children with special educational needs and disabilities? . Which recommended, for example, co-location of speech and language therapists in youth justice services.

Young people’s voices on youth court- a prelude to our main report linked below, this briefing centres on the experiences of children and young people in their own words. The briefing is framed around the components of procedural fairness, each of which relies on effective communication, but especially voice and understanding.

Time to get it right: Enhancing problem-solving practice in the Youth Court- in this report, co-authored by the Institute of Crime & Justice Policy Research, we make recommendations to enable effective communication in youth courts, including developing magistrates’ communication skills. 

Useful reading

Voice of the Child Practice Briefing- This NPCC Vulnerability Knowledge & Practice Programme briefing provides the police with strategies and tools to build confidence and support them in engaging with children appropriately. 

The role of communication in developing relationships and encouraging disclosure- While not specific to children, this College of Policing resource contains useful tips on building rapport and active listening. 

Talking to young children- what I’ve learned- This College of Policing article contains useful tips for talking to children who have witnessed a crime. 

YourPolice.UK- Digital Youth Engagement is an NPCC programme which runs the YourPolice.UK Instagram channel for children and young people.  Among its aims are to: provide children and young people with an opportunity to voice concerns about the police; build trust and confidence; provide specialist advice and support to policing on delivering effective communications strategies for children and young people; and offer access to a repository of information to support local, regional and national engagement with children and young people

60% - Giving them a voice: Speech, language and communication needs in the youth justice system- This report was published in 2023 by the Welsh Parliament’s Equality and Social Justice Committee. Its section on policing highlights the importance of police co-location with other services, and of the benefits of speech and language therapists working alongside officers in custody suites.

Big up the Bill- This report from the Children’s Society is part of the young people-led Big Up The Bill campaign, which aims to highlight good examples of police work and encourage police staff to develop the skills, knowledge and behaviours that will make them better at working with children, especially those who are vulnerable. One of the top tips from the young people to police is to “communicate well”.

Mind Your Words Training- This RCSLT training improves your understanding of children and young people with social, emotional and mental health needs and speech, language and communication needs.

Video resources

Webinar: Supporting people with speech, language and communication needs in the justice system This webinar is delivered by Royal College of Speech and Language Therapists, in association with the Association of YOY Managers.

Sentence Trouble: Better communication in the youth justice system - This video from The Communication Trust aims to improve the skills and confidence of practitioners including police so they can better recognise SLCN and reflect on their own communication skills.

Good practice examples

‘No Comment’ Pathway 

The ‘No Comment’ Pathway is a collaborative initiative between Merseyside’s’ Police, Youth Justice Services (YJSs) and Violence Reduction Partnership (VRP). The purpose is to afford children another opportunity to be diverted from court and engage with YJSs across Merseyside. Additional consideration is given to children disproportionality represented in the youth justice system, including those with special educational needs. Removing the necessity of an admission of guilt or acceptance of responsibility for an offence means that children who might give no comment at interview, or who struggle during police interview, can have an opportunity to receive support and intervention. 

Communication passports

Several youth justice services have developed communication passports. These are short, child-centred documents explaining how a child communicates, what they need to effectively express themselves, and how they can be supported. It brings together key information in the child’s own words or with their input, enabling practitioners to engage with consistency and respect. 

Talking Mats 

A Talking Mat is a visual communication framework which supports people with communication difficulties to express their feelings and views. Talking Mats can be carried out physically or in a digital space e.g. on a tablet or laptop. A tailored youth justice resource was developed with Greater Manchester Youth Justice Service to help enable conversations with children in the youth justice system.  

Templates

Communication passport- this is a short, child-centred document explaining how a child communicates, what they need to effectively express themselves, and how they can be supported. It brings together key information in the child’s own words or with their input, enabling practitioners to engage with consistency and respect. The YJB Resource Hub hosts a number of templates from different youth justice services.

Communication friendly environments checklist- This simple checklist from I Can (a children’s communication charity) and The Communication Trust can be used to reflect on how your environment supports children’s communication.

References

 

  1.  Sowerbutts, A., Eaton-Rosen, E., Bryan, K. and Beeke, S. (2019) Supporting Young Offenders to Communicate in the Youth Justice System: A Scoping Review Protocol. Social Science Protocols, vol. 2, pp. 1-10.
  2. Ofori, O., Robin-D’Cruz, C., Jolaoso, B. and Whitehead, S. (2022). Children and young people’s voices on youth diversion and disparity, Centre for Justice Innovation.
  3. Hunter, G., Ely, E., Robin-D’Cruz, C. and Whitehead, S. (2020). Time to get it right: Enhancing problem-solving practice in the Youth Court. Centre for Justice Innovation
  4. Royal College of Speech and Language Therapists (2006) Speaking Out: Young offenders with communication difficulties, as referred to in YJB Guidance (2015). Practice advice: speech, language and communication needs (SLCN) in the youth justice system
  5. Youth Justice Board/Ministry of Justice (2021). Assessing the needs of sentenced children in the youth justice system 2019/20
  6. The Communication Trust, The Dyslexia SpLD Trust and the Autism Education Trust (2020). Sentence Trouble.
  7. Snow, P. and Powell, M. (2012). Youth (in)justice: Oral language competence in early life and risk for engagement in antisocial behaviour in adolescence. Trends & issues in crime and criminal justice no. 435. Canberra: Australian Institute of Criminology
  8. Snow, P. and Powell, M. (2004) ‘Contemporary comments interviewing juvenile offenders: the importance of oral language competence’ Current Issues in Criminal Justice vol 16:2 pp.220-225
  9. Case, S., Lorenzo-Dus, N. and Morton, R. (2021). YOT Talk: Examining the communicative influences on children’s engagement with youth justice assessment processes, European Journal of Criminology (1–20)
  10. The Communication Trust, The Dyslexia SpLD Trust and the Autism Education Trust (2020). Sentence Trouble.
  11. The Communication Trust, The Dyslexia SpLD Trust and the Autism Education Trust (2020). Sentence Trouble.

Get in touch

We plan to keep this toolkit up to date. Please get in touch if you have any resources to add or want to give us feedback by emailing info@justiceinnovation.org