News Item

April 2022

'A breakdown across the whole system' - new research into how we fail children who offend and what to do about it

This important research released this week is essential reading for those who wish to see urgent systematic change to help our young people. The research team was lead by Professor Ian Lambie and the report is entitled How we fail children who offend and what to do about it: ‘A breakdown across the whole system’. It provides comprehensive research and recommendations. Let this be a call for action.

Re report’s preface states:

“This report is about children. More specifically, it is about children, aged 10 to 13 years, who have offended, as well as those at risk of offending. Often labelled ‘child offenders’, many of these children go on to become ‘youth offenders’ when they turn 14 (through to age 17), and some eventually enter the adult criminal justice system at aged 18 and beyond.

“As the research makes clear, they are children who have often endured physical, sexual, or emotional abuse, constant transience, or intergenerational disconnection from their whanau, whenua, and culture. Often known to social service agencies, many children will have experienced some sort of state intervention – that, according to our research, often failed to adequately help. The consequences for tamariki Maori of generations of Te Tiriti breaches are evident in the overrepresentation of Maori in the justice system. Pasifika are also overrepresented.

“While the personal, social, and economic harm these children have caused by their offending should not be minimised, it is critical to remember that these children were victims first. In the words of one of the lawyers interviewed in this research, ‘Offending does not occur in a vacuum’. Indeed, most would have never escalated to engage in offending behaviour if they and their families had not experienced significant harm themselves – all too often, intergenerationally – or had received timely, effective help that addressed their needs.

“This report provides up-to-date information on the characteristics, backgrounds, and trajectories of children who have offended. In addition, it considers how it is possible that, in a developed country often heralded for its ‘world-class’ youth justice system, children grow up to commit crime despite their concerning experiences and circumstances being well-known to state services – sometimes for years before offending starts.

“Opportunities for improvement in current child welfare and Family Court practices in relation to children at risk of (re)offending are explored. This report does not presume to speak from a Te Ao Maori worldview; clearly enacting real future change should adhere to a ‘by Maori for Maori’ approach. Nevertheless, it is hoped that this work will contribute to improved outcomes for children, whanau, and communities across Aotearoa NZ.”

The full research report (pdf 196pp) can be downloaded here.

The Law Foundation and the Michael & Suzanne Borrin Foundation co-funded $126,302 for this research and publication.