Youth Justice – Additional Support for Young People

Policy

This policy sets out key actions to deliver additional educational support for young people within Victoria’s youth justice system.

This policy recognises that:

• additional support is needed to enable young people within the youth justice system to overcome the often-complex barriers to engagement in education and histories of trauma
• positive relationships between educators and young people are central to empowering young people within the youth justice system to reach their potential.

Details

Many young people within the youth justice system (both in custody and in the community) have complex histories of trauma and face significant barriers to engagement in education.

As a result, schools/settings are required to provide additional support to ensure these young people are engaged in education and supported to reach their potential

Key actions for schools are set out in the Guidance tab and summarised in 2 checklists:

• Supporting young people in community youth justice (PPTX)
• Supporting young people in custody (PPTX)

In summary, to support young people within the youth justice system to engage in education, schools/settings will:

• appoint a learning mentor
• establish a Student Support Group
• develop and review an Individual Education Plan
• ensure learning environments are positive, culturally safe and free from any stigma
• monitor engagement and triage for support
• provide support for a student who is in custody (in partnership with Parkville College).

These actions are to be taken to support young people:

• in custody who are sentenced or on remand for an alleged offence
• in community, who are
  • attending a government school or funded flexible learning option
  • have been sentenced on a criminal matter and/or diverted from custody on Intensive Bail/Youth Control Orders and Community-Based Orders.

Given the high numbers of young people in youth justice who are in Out of Home Care and/or who are Aboriginal, these actions align as far as possible with the requirements set out in Out-of-Home-Care Education Commitment: A Partnering Agreement 2018 and Marrung Aboriginal Education Plan 2016-2026.

Additionally, young people in youth justice are also identified through a state-wide monitoring process, supporting the department’s regional teams to monitor enrolment and attendance and prioritise support. Regional teams may reach out to schools in the event that attendance rates are falling, to arrange an enrolment for an unenrolled young person, and/or to offer support to address complex barriers to engagement.

Other initiatives

Other initiatives to support the educational engagement of young people in youth justice include:

• Education Justice Initiative
• LOOKOUT
• Parkville College
• Navigator
• Team Around the Learner (TAL)

Related policies

• Behaviour – Students
• Individual Education Plans
• Koorie Education
• Navigator Program
• School Wide Positive Behaviour Support
• Student Engagement
• Student Support Groups
• Supporting Students in Out-of-Home Care

Relevant legislation

• Charter of Human Rights and Responsibilities Act 2006 (Vic)
• Children, Youth and Families Act 2005 (Vic)
• Education Training and Reform Act 2006 (Vic)
• Equal Opportunity Act 2010 (Vic)

This guidance contains the following chapters:

1. About young people in youth justice
2. Guiding principles for supporting a young person in youth justice
3. Appointing a learning mentor
4. Establishing a Student Support Group
5. Developing and reviewing an Individual Education Plan
6. Ensuring that learning environments are positive, culturally safe and inclusive, and free from stigma
7. Monitor engagement and alert the area team if a young person is at risk, despite local interventions
8. Supporting young people in custody

1. About young people in youth justice

Victorian young people in youth justice are among the State’s most vulnerable. Research shows that engagement in education is the most important protective factor for this group. Once in contact with the justice system, educational initiatives are a vital means of forging positive community links and establishing purposeful, structured activities for young people and to strengthen a key protective factor that will divert children and young people away from offending.

Additional education support is needed to:

• redress the currently high rates of educational disengagement for young people in youth justice and empower young people to reach their potential.
• uphold young people’s right to education, as is enshrined in the Universal Declaration of Human Rights and re-enforced through the Education Training and Reform Act 2006 (Vic).

Young people in Victoria’s youth justice system are among the State’s MOST vulnerable

Young people within Victoria’s youth justice system are some of the State’s most vulnerable. There is a significant over-representation of some communities and vulnerable groups, where:

• 53% were a victim of abuse, trauma or neglect as a child
• 41% either have a current child protection case (or were previously subject to a child protection order)
• 49% present with mental health issues
• 42% have been witness to family violence
• 52% have a history of alcohol and drug use
• 21% live in unsafe or unstable housing
• 31% present with cognitive difficulties that impact on daily functioning (and 4% are NDIS participants).

Source: Victoria’s Youth Justice Strategy 2020-2030.

Experiences of trauma create complex barriers to engagement in education. Trauma can significantly disrupt development, and impact on behaviours and relationships. Exposure to multiple traumas can lead to even higher rates of learning and behavioural problems.

Reflecting patterns of intergenerational trauma associated with dispossession, marginalisation, racism and the stolen generations, Aboriginal¹ young people are significantly over represented in youth justice. 18 per cent of young people in youth justice identify as Aboriginal, despite making up 1.6 percent of the general Victorian population of young people.

Additionally, culturally and linguistically diverse young people are overrepresented in youth justice and make up 39 per cent of young people in youth justice, with notable populations of young people from African and Pasifika backgrounds.

About Victoria’s Youth Justice system (community and custody)

In Victoria, most young people who appear before the Children’s Courts on a criminal matter are diverted from custody on Intensive Bail/Youth Control Orders and Community-Based Orders. Children under 10 do not enter youth justice as they fall below the age of 'criminal responsibility'. Victoria’s dual-track system enables young people between 18 and 20 to be sentenced to a youth justice facility rather than an adult prison.

Young people appearing before Victoria’s Children’s Courts and in any of Victoria’s Koorie Children’s Courts can access Education Justice Initiative (PDF) workers who provide information, referral and advocacy services.

On any given day, there are approximately:

• 590 young people under 18 in community youth justice (each young person is assigned a Youth Justice Case Managers, who works to identify risks and coordinate support).
• 128 young people under 18 in custody (they are sentenced or remanded within Victoria's youth justice facilities).

Source: Victoria's Youth Justice Strategy 2020-2030.

With well-established programs designed to support and divert young people from future offending, Victoria has a relatively low rate of young people in custody. For those who are held in custody, onsite education is provided 6 days a week, 52 weeks a year through Parkville College. Parkville College is a government school that delivers as appropriate the Victorian Curriculum F-10 and the Victorian Certificate of Education (VCE), including the

• VCE Vocational Major
• Victoria Pathways Certificate
• Vocational Education and Training (VET).

Youth Justice Case Management

Young people in youth justice are assigned a Youth Justice Case Manager, who:

• work with the young person to identify criminogenic risks and needs and coordinate support
• chair Care Team meetings (in most cases), working with key service providers to plan, review and coordinate tasks, actions and services needed to ensure that a young person’s criminogenic and non-criminogenic needs are met.

Educators may be asked to attend Care Team meetings, or may request to attend where this is supportive of a young person’s positive engagement in education.

¹ Throughout this document the term Aboriginal is used to refer to both Aboriginal and Torres Strait Islander peoples.

2 Guiding principles for supporting a young person in youth justice

For young people in youth justice, engagement in education is the most important protective factor. Every Victorian young person must be afforded the right to education, which includes being supported to overcome barriers to engagement.

Schools/settings and educators can support a young person in youth justice to change their trajectory and facilitate lasting change in their life by applying the following principles.

Building positive relationships and trust between educators and young people

Relationships with educators who demonstrate empathy, warmth, encouragement and genuine care are central to building a young person’s positive self-image and to building trust. They are particularly critical for young people in youth justice, many of whom have experienced trauma and fractured relationships with educators and their own parents or carers. Learning mentors can lead and promote the establishment of these relationships in a school setting.

Understanding a young person’s strengths and needs

Taking time to understand a young person and their strengths and needs, is key to building positive outcomes for all learners. This is particularly critical for young people in youth justice, many of who have had complex histories of trauma and have complex risk factors and barriers to engagement. Learning mentors are key to building this understanding and helping to translate this within the Student Support Group.

Supporting young people to plan for a bright future

Self-determination is key. When young people are supported and empowered to set their own longer-term educational goals, they are in the best position to achieve them. For young people in youth justice, many of whom have experienced education disadvantage and disruption, future planning is best nurtured through ongoing conversations and strong relationships and documented within an Individual Education Plan.

Engaging with families, carers and communities

Families, carers and communities play a fundamental role in empowering young people to reach their potential. Thoughtful and purposeful engagement with the families and carers of young people in youth justice is critical to redressing the systemic disadvantage faced by many young people and their families in youth justice.

Drawing on the strengths of our rich and diverse communities is key ensuring that schools/settings are culturally inclusive and safe spaces for the high proportion of young people in youth justice who are Aboriginal¹ or from culturally and racially diverse backgrounds.

Relentlessly following-up and 'never giving up'

As a result of systemic disadvantage, histories of trauma and complex barriers to engagement in education faced by many young people in youth justice, positive engagement with learning, educators and peers may be challenging.

A young person’s ongoing engagement in education, can hinge on educators maintaining a positive regard for a young person, and 'never giving up' despite setbacks and challenges. Professional learning is available to support educators.

To ensure that no young person in youth justice falls between the gaps, Regional teams work in close partnership with schools, settings and youth justice. Guaranteed support is provided by working together and doing the following.

Being accountable for every young person

• Young people in youth justice can be highly transient, with many experiencing insecure living arrangements and those in custody must make the difficult transition to and from their custodial setting.
• Schools are accountable for young people who are enrolled, even when they are in custody. Schools have a critical responsibility to act and escalate for further support if a young person is at risk of disengaging. The actions for schools and settings have been designed to support schools to fulfil their accountability.
• Accountability for young people who are unenrolled is triggered through a state-wide tracking and monitoring process. This process enables Regional teams to prioritise support for disengaged young people in youth justice.

Sharing information and planning

Mobilising supports for young people in youth justice with complex barriers to engagement in education often requires shared planning. This may include:

• engaging with Care Team meetings (convened by Youth Justice or Child Protection case managers)
• escalating to area teams and regions who operate a range of forums and panels designed to coordinate support for complex cases.
• escalating further to Multi Agency Panels, combining expertise from schools, community organisations, police and government departments.

¹ Throughout this document the term Aboriginal is used to refer to both Aboriginal and Torres Strait Islander peoples.

3. Appointing a learning mentor

Learning mentors will be appointed by schools and settings to support all young people in youth justice (this is also a requirement for students in Out-of-Home Care).

Learning mentors will focus on understanding a young person, demonstrating empathy and unconditional positive regard, building the young person’s positive self-image and aspirations and supporting their learning and wellbeing within the educational environment. Learning mentors will also play a key role in checking in with the young person and gently monitoring their wellbeing engagement.

3.1 Selecting a learning mentor

The school leadership team must seek to engage with the young person to identify a learning mentor as soon as possible after the school has been made aware that the student is in youth justice (schools may be alerted to a student’s engagement in youth justice by the Regional team, the student or the parents/carers or the youth justice case manager).

The learning mentor should not be directly involved in the teaching of the student but should ideally be a trusted staff member who:

• has capacity and is willing to take on the role voluntarily, outside of regular classroom commitments
• has the capability of demonstrating warmth, empathy and genuine care for the student, and may already have a connection with the student
• is familiar with the Child Safe Standards, and in particular the school’s child safety code of conduct, which identifies strategies for maintaining appropriate professional boundaries
• is the most suited to the individual student (considering experience, gender and existing relationship with the student).

3.2 Key roles and actions

The learning mentor plays a crucial role in supporting young people youth justice, many of whom have experienced childhood trauma and fractured relationships and face complex barriers to engaging in education and with their educators and peers.

The aim of the learning mentor role is to help the student stay connected to their education and to address barriers that may impact their learning. This might include:

• getting to know the young person and taking an interest in their life and learning
• identifying any challenges that they may be facing and developing strategies that could assist in addressing these challenges
• acting as a role model and guide for the young person
• advocating for the young person (for example, ensuring that other teaching staff are made aware of their learning needs, interests, passions, or strengths or struggles)
• meeting with the young person at a regular time and facilitating regular check-ins
• participating in meetings and providing advice about additional supports that they may require
• facilitating the young person’s input into the Individual Education Plan and ensuring that they are able to set their own aspirational education goals
• supporting young people who are in custodial care, and laying foundations for a successful transition (see Chapter 9).

The learning mentor is not responsible for supports that can undermine the learning mentor relationship. In particular they are not responsible for:

• providing counselling
• supervising the young person if they have been removed from the classroom.

3.3 Supports for learning mentors

It is important that learning mentors receive ongoing support from the school’s leadership team. This should include:

• ensuring that an appropriate time and space is made available for the student to meet with their learning mentor
• ensuring that they feel supported and are able to discuss their approach to their role as a learning mentor
• providing formal avenues for professional support to the learning mentor (such as access to a wellbeing coordinator, student support services, employee assistance program).

4. Establishing a Student Support Group

School principals must establish a Student Support Group (SSG) for every young person in Youth Justice. This is also a requirement for young people in out-of-home care, who are Aboriginal¹ and/or supported by the Program for Students with Disabilities).

4.1 Aims of the Student Support Group

The SSG should be utilised to develop an Individual Education Plan (IEP) with a young person and their parents/carers and monitor and review its implementation. By working together, the group can devise strategies to optimise student wellbeing and achievement and to address potential barriers and challenges to engagement

Key aims of the SSG are to:

• ensure that those with the most knowledge of, and responsibility for, the student work together to establish shared goals for the student's educational future
• plan reasonable adjustments for the student to access the curriculum
• provide educational planning that is ongoing throughout the student's life
• monitor the progress of the student.

A school must hold meetings on a termly basis, with extra meetings held at the request of the youth justice case manager and the parent or carer.

4.2 Members of the Student Support Group for students in youth justice

The following is a list of relevant people that may attend SSGs:

• a teacher, year level coordinator, the learning mentor and Principal or Assistant Principal
• student wellbeing staff member and/or student support services officer
• the young person and their parents or carer
• other relevant support services
• the youth justice case manager*.

*Young people in youth justice are assigned a case manager. This case manager will convene a care team and develop a case plan that responds to a young person’s criminogenic risks and needs. Members of the SSG may be asked or request to attend a care team meeting. This is useful if additional support is needed to ensure a young person is engaged in education and supported to reach their potential.

4.3 Running a Student Support Group for students in youth justice

Empowering young people

Where a young person attends the SSG, it is critical to ensure that they feel supported and listened to, and that other attendees hold them in positive regard and support the young person to be aspirational in their planning. Conversations should be strengths-based, where the young person’s strengths are praised, and deficits are framed as areas for growth and development.

The learning mentor can advocate for the young person, and/or ensure that they are involved in the discussions. Research shows that when young people set their own educational goals they are in the best position to achieve them.

Respectfully engaging families

Care should also be taken to respectfully engage with parents and carers, who will likely have the greatest understanding of their child. This is particularly critical for families who may have experienced racism or faced other systemic barriers to engaging with schools.

Strategies to support the meaningful participation of families, include:

• being respectful and non-judgemental
• arranging interpreters where needed
• scheduling the SSG at a time and place suited to the family
• being respectful of a family’s culture and traditions (refer to advice on cross-cultural communication below)
• opening SSG meetings by:
  • acknowledging the traditional owners of the land on which the meeting is held
  • providing a brief explanation of the proposed aims of the meeting and emphasising that you value their input.

Best practice

It is best practice for the school to:

• prepare the agendas and facilitate meetings
• ensure that the meeting follows the agenda within the allocated time
• take minutes and document/disseminate key actions among participants in a timely manner
• encourage members to respect each other’s views, knowledge and expertise, and collaborate as a team to meet the best interests of the student
• be aware that carers are likely to have the greatest understanding of the child and young person, and it is integral that their meaningful participation is supported
• encourage members to consider the language and terminology used during meetings to ensure that all members (particularly carers and students), are informed, comfortable and have the capacity to equally participate in the group
• schedule meetings in advance to ensure the availability of all members
• hold additional meetings on an as-needed basis, if requested by group members
• encourage reflection and creative problem-solving.

4.4 Cross Cultural Communication

Consider the following approaches to support respectful engagement with students and families who are Aboriginal and/or Torres Strait islander, Pasifika of African heritage or from other culturally and racially diverse groups:

• Introductory protocols are important. Be open and respectful and establish rapport by spending time sharing personal background information about yourself and the purpose of your activity.
• Be patient and use open-ended questions where possible. Look, listen and learn, as it may take time for some community people to become involved. Some people may work towards giving their opinions by initially talking about other issues or stories.
• Use reflective listening skills (repeating or paraphrasing what you heard allows the person you are communicating with to clarify what they said and provides them with the opportunity to correct misinterpretations).
• Avoid talking from your personal perspective and use language that respects the integrity and beliefs of the person or group with whom you are meeting.
• Do not expect every student or their parents/carers to know about or want to talk publicly about their cultures, families, histories or issues.
• Some people might not openly express an opinion. They may choose to talk indirectly about an issue if they do not agree with the previous speaker or where it impinges on racialised experiences. Not all people will share the same opinions and feelings. All opinions should be acknowledged and valued.
• The use of silence should not be misunderstood. It is important that this silence is respected and not interrupted unnecessarily.
• There are different types of knowledge systems – for example, spiritual knowledge and scientific knowledge – and these may conflict. Be sensitive to these differences and do not force a point of view.
  (Source: Adapted and expanded from Drama Australia).

For further information, refer to the Department's policy and guidance on Student Support Groups.

¹ Throughout this document the term Aboriginal is used to refer to both Aboriginal and Torres Strait Islander peoples.

5. Developing and reviewing an Individual Education Plan

The Student Support Group (SSG) develops the Individual Education Plan (IEP).

The purpose of an IEP is to describe a set of strategies to address the particular educational needs of the young person. Developing an IEP is an opportunity to recognise a young person’s strengths and aspirations and to discuss barriers to engagement in education and concerns that the young person may have.

For further information on IEP’s and templates refer to Individual Education Plan.

6. Ensuring that learning environments are positive, culturally safe and inclusive, and free from stigma

Young people in youth justice face complex barriers to engagement in education. These barriers are often a complex interplay between personal trauma and inter-generational and systemic disadvantage. Ensuring that learning environments are positive, culturally safe and inclusive and free from stigma is key to supporting young people to overcome these barriers.

6.1 Addressing stigma associated with being in youth justice

Young people in youth justice can face stigma associated with being charged with an offence and/or being held in custody. This stigma can detrimentally impact on a young person’s relationships with peers and educators and with their own sense of self-worth.

Care should be taken to avoid labelling a young person as an offender. Static labels are detrimental to supporting a young person to build a positive sense of self.

Displaying empathy and taking time to understand a young person and focusing on their strengths and needs is critical. A young person and/or their parents/carers may choose not to discuss details of any offences or court outcomes, and they should not be pressed to share this information.

6.2 Addressing racism and creating culturally safe and inclusive learning environments

Given the significant proportion of young people in youth justice who are Aboriginal¹ or who are from culturally and racially diverse communities, ensuring schools are culturally safe and inclusive and free from racism is critical to supporting young people’s engagement.

Resources are available to support schools in standing up to racism, including:

• addressing racist bullying
• Racism. No way!
• Let’s talk race: a guide on how to conduct a conversation about racism (Australian Human Rights Commission)
• Racism. It Stops With Me

6.3 Creating trauma sensitive learning environments

Key elements of implementing a trauma informed approach within a school or setting, is building the capability of all staff at the school to:

• provide predictable and calm environments and foster strong relationships
• apply a non-judgemental lens to behaviours, and take a child centred approach to understanding the behaviour
• consider that some behaviours maybe triggered by trauma and the activation of the neurological fight, flight, freeze systems, and attempt to reduce actions that may re- traumatise a student
• support students to be able to identify, understand and better regulate their emotions.

School-Wide Positive Behaviour Support provides a framework that brings together school communities to develop positive, safe, supportive learning cultures and can support in the establishment of trauma sensitive learning environments.

¹ Throughout this document the term Aboriginal is used to refer to both Aboriginal and Torres Strait Islander peoples.

7. Monitor engagement and alert the area team if a young person is at risk, despite local interventions

In some circumstances, despite every effort to positively engage a young person at the school or setting, they may still disengage and/or show signs of disengaging.

Many young people in youth justice face highly complex barriers to engagement in education and if local interventions and supports have been exhausted, it is critical that schools and settings reach out for additional support.

Engage with the young person, their parents/carers and the Student Support Group (SSG), and consider:

• if there are any new barriers to engagement, or unmet needs and review available supports (where helpful utilise the:
  • tiered map of available wellbeing supports (PDF)
  • Students at Risk Planning Tool (staff login required) designed to identify students who may be vulnerable and support schools to link to additional supports)
• seeking case management support for a young person through the Navigator Program (this can be done by contacting your local Navigator Coordinator to discuss eligibility and/or make an online referral)
• engaging with the LOOKOUT Education Support Centre to build the capability of educators to engage with the young person
• contacting your local area team, to discuss next steps (noting that area teams may escalate complex cases to a range of planning forums)
• engaging with Youth Justice Case Managers and working in partnership to mobilise supports (noting that Youth Justice Case Managers lead case planning and convene a Care Team).

Area teams are closely monitoring the attendance and engagement of all young people in youth justice as part of a state-wide model. If a young person exits or disengages and your school is unable to engage with them or their parents/carers you must alert your area team as soon as possible. They will also likely contact schools to discuss supports in the event that there has been a drop in attendance.

8. Supporting young people in custody

Victorian young people in youth custody, often face the most complex barriers to engagement in education and may have significant history of trauma and offending behaviour.

For these young people, time in custody must be used as an opportunity to change trajectories, to establish a positive plan for the future. Positive transitions are underpinned by strong and caring relationships with educators (both in custody and in the return school or setting) and strong partnerships with parents/carers and community.

The action list (PPTX) sets out practical and deliberate steps that must be taken to support young people in custody to make successful transitions. This action list sets out the roles and responsibilities of:

• Parkville College
• schools and settings who hold or accept an enrolment for a young person.

By providing in-reach, and appointing a learning mentor to build and maintain meaningful relationships, return schools and settings can make a significant difference in the trajectory of a young person’s life and in the likelihood that they will make a successful transition from custody.

Drastic differences in transition outcomes have been recorded where schools have taken simple steps to stay in touch and ensure the young person and their parents/carers feel connected.

Resources

The following resources complement the Guidance by summarising key actions and providing materials to support schools and settings in communicating with young people in youth justice and their families and carers.

Checklists – Summarising key actions

• Actions for schools and settings – supporting young people in community youth justice (PDF)
• Actions for schools and settings – supporting young people in custody (PDF)

Additional locked material for regions and area teams

Actions for regions and area teams – State-wide tracking monitoring and support for young people in youth justice (PDF) (staff login required)

Training pack for learning mentors

Becoming a Learning Mentor and making a difference for a young person in youth justice (PDF)

Online conversation series

A series of online conversations have been developed to support schools and teachers to build their understanding of the youth justice system and experiences of young people.

Featuring representatives from across Youth Justice, the Children’s Court Youth Diversion Service, Victoria Police, the Department of Education and Training’s Parkville College, the Grange P-12, the Education Justice Initiative and Youth Justice Pathway Coordinators, the Online Conversation Series outlines successful strategies and programs to support youth justice involved young people.

The videos can be accessed at:

• Department of Education and Training’s Parkville College
• Education Justice Initiative and Youth Justice Pathway Coordinators
• The Grange P-12
• Victoria Police
• Youth Justice and the Children’s Court Youth Diversion Service