Modern Australian
Men's Weekly

.

Does our child protection system cause young people to commit crimes? The evidence suggests so

  • Written by Tamara Walsh, Professor, The University of Queensland
Does our child protection system cause young people to commit crimes? The evidence suggests so

Removing a child from their home for their own protection should be an absolute last resort. Before we remove a child, we should be sure that we can offer them a safer, more nurturing alternative – their new home should improve their current circumstances and their life chances.

Yet, for a significant proportion of children who end up in out of home care, this is not happening. Many children are being charged with criminal offences while they are in the “care” of the state.

The Australian Institute of Health and Welfare recently reported that 50% of young people under youth justice supervision in Australia have also received child protection services.

The link is even more prevalent in Queensland – the Independent Review into Youth Detention reported in 2017 that 76% of children in the youth justice system are known to the child safety department.

The Northern Territory Royal Commission also found children on child protection orders are five times more likely to commit an offence than other children.

And my research has found the chain of causation goes in one direction in these matters: children come into the child protection system first and then commit offences, not the other way around.

Read more: Nothing to see here? The abuse and neglect of children in care is a century-old story in Australia

Does out of home care lead to offending?

If a child commits an offence while in the care of the state, questions should be asked about the quality of care and supervision being provided. Is the care environment somehow causing the criminal behaviour? Or is the association just coincidental?

It could be coincidental, in the sense that young people who interact with both the child protection and youth justice systems share certain characteristics.

Many suffer from mental health or behavioural conditions, are homeless or have experienced trauma or abuse. Indigenous children are also more likely to be known to child protection services, and more likely to appear before the criminal courts.

Yet, international research suggests the nature of a child’s placement influences their chances of offending. Research from the US has also found that children who are known to child protection services but remain at home are less likely to offend than those who are placed in out of home care.

Read more: The problem with child protection isn't the money, it's the system itself

It is all too easy to conclude these kids are just “troubled” or even “bad”. We might assume since they come from difficult homes, and they have psycho-social problems, this trajectory is inevitable.

But my research suggests there is more to this story. I interviewed 24 Brisbane-based lawyers and youth workers who deal with children who “cross over” between child protection and youth justice.

They overwhelmingly agreed the child protection system itself is leading many children to commit offences.

Charges for minor offences

The criminal charges these children receive appear to be unnecessary and avoidable. According to my interview subjects, many children who commit offences are driven by necessity.

For example, many children are charged with public transport fare evasion. Others are charged with shoplifting. These offences arise directly out of material disadvantage, but this is happening while they are supposed to be being in the care of the state. Why don’t they have transport cards? Why do they feel the need to steal food or clothing?

My participants said other charges result from the trauma or mental health conditions these children are dealing with. They described situations where their young clients had been charged with wilful damage for punching a wall, or assault for lashing out at a carer.

As one lawyer said,

This doesn’t happen in an ordinary family home – you don’t call the police because there’s a hole in the wall.

Other types of offending involved trivial incidents that really just amounted to “kids being kids”.

My participants described situations where children were charged with theft for taking food out of the fridge, assault for whacking each other with tea towels, wilful damage for knocking down a locked bathroom door to use the toilet, break and enter for “breaking into” their own house, and trespass for bringing in a friend.

Read more: How resilience can break the link between a 'bad' childhood and the youth justice system

Importantly, the lawyers and social workers I interviewed emphasised that most often, the children who are charged with offences are living in residential care settings, rather than foster care situations.

Residential care is a placement option where children live in share houses in the community that are staffed by youth workers around the clock. These units house some of Australia’s most vulnerable children. Yet, the youth workers who staff them are often young themselves, and under-skilled.

What these kids most often need is a nurturing, home-like environment, but the youth workers may lack the life experience necessary to provide this. Calling police becomes a fall-back option to deal with difficult situations.

Better environments for troubled children

These children have fallen through all the cracks of the systems that should have supported them: family, education and child protection. Often, every adult in their lives has let them down.

As the UK criminologist Claire Taylor has said, we need to be “ambitious” on behalf of these children. They need, and have a legal right to, the best possible start the community can give them.

If we remove them from an “unsafe” environment, we must ensure we are placing them into a safe one – one where they will not be vulnerable to offending or criminal charges but rather will be nurtured and supported.

As one youth worker told me,

it sounds a bit corny, but I reckon it all comes back to love – the offending and stuff is just a symptom.

Authors: Tamara Walsh, Professor, The University of Queensland

Read more http://theconversation.com/does-our-child-protection-system-cause-young-people-to-commit-crimes-the-evidence-suggests-so-127024

How Professional Cleaning Improves Indoor Air Quality

Indoor air quality (IAQ) plays a crucial role in our health, comfort, and overall wellbeing. Australians spend nearly 90% of their time indoors-at hom...

Solar and Solar Battery Systems: Powering Smarter Homes in Victoria

As energy prices continue to rise and sustainability becomes a priority for Australian homeowners, more families are investing in Solar and Solar Ba...

Plumbing Emergency Melbourne: What to Do When Every Minute Counts

A sudden plumbing issue can quickly turn into a major disaster if not handled promptly. From burst pipes and overflowing toilets to leaking gas line...

Why Older Melbourne Homes Require Detailed Building & Pest Inspections

Older homes make up a large part of Melbourne’s housing stock. Victorian terraces, Edwardian houses, Californian bungalows, and post-war brick hom...

7 Essential Tips for Choosing Reliable Moving Services in Perth

Moving to a new home or office can be exciting, but it also comes with stress, planning, and plenty of decisions. One of the most important choices yo...

How to Find the Best Real Estate Agent Near You on the Central Coast

Choosing the right real estate agent can make a major difference to your final sale price, days on market, and overall experience. The Central Coast...

Unlock Durability And Beauty With Burnt Timber Cladding Solutions

Imagine a home or commercial space that not only stands the test of time but also tells a story through its very facade. In the world of architectur...

Offroad Caravans: Built for Adventure Beyond the Beaten Track

Australia’s vast and varied landscapes invite travellers to explore far beyond sealed roads and crowded parks. Offroad caravans are purpose-built ...

The Expert's Guide to Understanding Large Bore Steel Pipe Specifications

When it comes to infrastructure, construction, and various industrial applications, the choice of materials is paramount. Among the options availabl...

Preparing for Your First Trip to San Francisco in 2026

San Francisco has long occupied a particular place in the Australian imagination. It is compact yet complex, progressive but historic, and visually st...

Modern Office Painting in Australia - It's the Real Game Changer

Walk into any modern Australian office today and you'll be struck by the fact it's a whole different beast from the ones we grew up with. Gone are t...

How to Choose the Right Suburb for Your Lifestyle

Choosing the right suburb is one of the most important decisions you’ll make when buying or renting a home. Beyond the property itself, the suburb...

Considering Cryolipolysis Fat Freezing? Here’s What You Need to Know

Body confidence can shift over time, and sometimes even good diet and training can still leave a stubborn area of fat that won’t budge. If you’r...

From Local Tradie to Digital Leader: The Strategy Behind Auto Gate Guys Sydney’s Growth

For many small trade businesses, digital marketing still feels like a buzzword, not a necessity. They rely on word-of-mouth referrals, repeat clients...

Electric Automation System: Smarter Control for Modern Electrical Infrastructure

Modern buildings and industrial facilities are increasingly dependent on intelligent control and efficiency. An electric automation system brings t...

The Damp Truth: Why Your Overflowing Gutters Are an Open Invitation for Termites

When it comes to protecting your home, most people think about visible threats — storm damage, cracked tiles, break-ins. But one of the most destruc...

Is Your Inventory a Sitting Duck? 2 Critical Upgrades to Protect Your Business Assets and Your Bottom Line

Imagine this: you finish a long day on the job, lock up your tools, materials, and work vehicle in the garage, and head home. But overnight, someone b...

Electrician in Melbourne: Reliable Electrical Solutions for Homes and Businesses

Finding a dependable electrician Melbourne is essential when safety, efficiency, and long-term performance matter. Electrical systems form the back...