A new YEF report has found that children are being diverted from the criminal justice system with worrying inconsistency – and recommends stronger support for those arrested to prevent violence. 

When a child has committed a minor offence, an offence for the first time, or is at low risk of reoffending, they can be diverted away from the criminal justice system. Rather than going to court, diversion offers children an alternative path. Deciding which outcome a child should receive is complex, with the severity of the offence and the views of victims all to consider. However, there is increasing evidence that diverting children away from the criminal justice system can reduce the likelihood of reoffending.  

A new report from the Youth Endowment Fund (YEF) adds to this, showing that, after controlling for individual and offence level factors, the rate of reoffending after six months for children who are diverted is nearly halved (falling from 8.2% to 4.5%). The report also finds that the reduction in reoffending is greater for children involved in violent offending, falling by 59.8% after six months (from 10.6% to 4.2%). For knife offending, the reduction was 70% after six months (from 13.3% to 3.9%). 

These results do not demonstrate conclusively that being diverted causes a reduction in reoffending; there might be other factors that the analysis couldn’t account for to explain this apparent relationship. But this nonetheless adds to the growing body of evidence about the likely effectiveness of diversion as a way of preventing violence. 

Funded by the YEF and produced by the Behavioural Insights Team (BIT) in collaboration with the London Metropolitan Police, the report draws on seven years (2015-2022) of data on reported crimes, stop and searches, and arrests involving children and young people across London. The total dataset includes records of nearly 265,000 children and young people who interacted with the police in London in that time.  

There are inconsistencies in how diversion is used across London  

Previous YEF research has shown that diversion practice can vary from officer to officer and force to force. Depending on where a child lives and who they come into contact with, they are likely to experience different consequences and opportunities for support.  

YEF’s new report confirms this by revealing significant racial disproportionality in how young people come into contact with policing and youth justice across the capital city. Black children faced disproportionately higher rates of police contact than children from other ethnic groups (making up 44.3% of all cases, despite only representing 24.7% of the local population over the study period). Once involved with the police, Black children were 14.8% less likely to be diverted than White children (accounting for 59.5% of outcomes for White children that came into contact with the police, compared to 50.7% for Black children), even after controlling for factors such as the type and severity of the offence and their prior arrest history. 

The report also highlighted other inconsistencies in the way diversion is implemented: 

• Seriousness of offence: Generally, diversion is being used for less serious offending (making up 48% of diversion), but a minority of those involved in high-harm offences (17%) are also being diverted. 

• First time offending: Children who offended for the first time are more likely to be diverted, with 51% of children with no prior arrests receiving diversion. However, 35% with five or more prior arrests are also diverted. 

• Geography: Diversion is used differently by police across London. Outer London boroughs like Bromley and Kingston Upon Thames have the highest diversion rates (66% and 65%), and inner London boroughs like Brent and Lambeth show some of the lowest (47% and 42%). These differences are not fully explained by the nature or profile of offending locally.  

Dr Stevie-Jade Hardy, Assistant Director – Policing and Youth Justice at YEF said: “When done well and in the appropriate circumstance, diverting children away from the criminal justice system can reduce reoffending. But huge variations in the way it is implemented mean not every young person is given the opportunity to benefit from this approach. We need to ensure it is delivered effectively, consistently and equitably to protect children from violence.”  

Case study: United Borders 

United Borders is charity that works within communities in and around Brent focused on supporting young people who are at risk of being involved in violence.  

They use music mentoring and studio production as pathways to engage young people and introduce other methods of support to divert them away from violence. 

Justin Finlayson, CEO of United Borders said: “This latest report from the YEF really aligns with what we’re seeing on the ground at United Borders. We know that programmes like ours – that bring in a trusted mentor to the life of a young person at risk of offending – work to change their mind about carrying a weapon.  In the moment that a young person is caught offending for the first time, police officers have a huge opportunity to help them make a change. If, instead of escalating their case, police officers offer young people another path, they can really build trust with that young person and within the wider community.” 

Case study: The DIVERT Youth Programme 

Delivered by Brixton-based charity Juvenis, The DIVERT Youth Programme aims to divert 10-14 year olds away from crime and future offending.   

12 weeks of mentoring are offered to young people following their arrest, delivered by specialist youth practitioners. In addition, holistic wrap-around support is offered including support for the wider family from a family practitioner and physical and mental health support from a physical health worker or therapist.  

Winston Goode, Founder and CEO of Juvenis, said: “We know that Black young men disproportionately face intersecting issues like mental health, substance abuse, family dysfunction, socio-economic disadvantage and more. Our programme is holistic, and healing-centred, bringing in access to mentors, personal development, sport and other creative outlets.  At DIVERT Youth, we exist to change that narrative, giving young people real alternatives to violence, criminalisation, and exclusion. Our work is about justice, but it’s also about love, belonging, and building pathways that honour the potential of every child; especially those the system too often overlooks.” 

Improvements need to be made to how diversion is implemented 

The YEF’s recently released Diversion Practice Guidance provides guidance for police forces on how to deliver diversion effectively for children and young people. It proposes seven changes for improving support for arrested children.  

Recommendations include: 

• Develop clear eligibility criteria and ensure equitable access to diversion. Unclear, narrow or inconsistent eligibility criteria can impede access to and engagement with diversion. 

• Reduce the use of police custody for children. Police custody is experienced by children as harsh and punitive, fostering resentment and undermining trust 

• Ensure swift access to evidence-based support. Providing support quickly following the original offence is likely to mean it is more effective. 

Explore the full recommendations here.