Correction or care? the use of custody for children in trouble

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Author
Diane Hart
Date Published
August 2015
Summary

Summary of the Report with a Focus on Diagrama and Spain

Overview of the Report

The report, Correction or Care? The Use of Custody for Children in Trouble by Diane Hart (2015), explores how different countries—Spain, the US, and Finland—handle juvenile justice. It examines their approaches to child custody, theories of change, rehabilitation efforts, and reintegration into society. The report compares these systems with England’s, highlighting the limitations of the English system, which is often rigid and punitive.

The Spanish Youth Justice System

Spain's youth justice system is based on the Young Offenders Act (2000) and is structured around re-education rather than punishment. The system aims to prioritize the child's best interests, offering a social-educational approach rather than a punitive one.

Key features of Spain’s youth justice system:

  • The minimum age of criminal responsibility is 14 (compared to 10 in England).
  • Judges remain actively involved in a child’s progress, even after sentencing.
  • Children can be placed in open, semi-open, or closed facilities, with movement between them based on progress.
  • The goal is gradual reintegration, with children allowed weekend home visits and progressively increasing freedom.
  • No for-profit companies operate youth justice facilities in Spain, unlike the privatized English system.

Diagrama Foundation's Role

Diagrama Foundation operates several re-education centres across Spain and has developed a distinctive model based on “love and boundaries.” Key characteristics of Diagrama’s approach include:

  1. A Positive, Supportive Environment
    • Frontline staff are called "educators", not guards or officers.
    • Educators eat, play, study, and maintain the buildings with the children, fostering close relationships.
    • Units are small (around 12 children per group), allowing for individualized attention.
  2. Flexible, Progressive Sentencing
    • Sentences can be adjusted based on a child’s progress, allowing step-down transitions to less secure settings.
    • Secure placements have low levels of security compared to England—some rooms even contain ligature points.
  3. A Holistic, Educational Approach
    • Each centre specializes in a vocational skill (e.g., metalwork, woodwork, agriculture).
    • Education is integrated into daily life, and children often continue vocational training after release.
    • Psychological and social work support is embedded in the program.
  4. Strong Focus on Family Involvement
    • Parents and caregivers are engaged from day one.
    • Regular family visits and workshops are provided to help parents prepare for their child’s return.
    • Reintegration is gradual, avoiding the abrupt release seen in England.
  5. Cultural Differences in Security and Discipline
    • Low reliance on physical security measures; emphasis on relationships over restraint.
    • No segregation rooms and very little use of handcuffs or physical restraint.
    • The centres have never experienced a suicide—a stark contrast to England’s youth custody facilities.

Key Takeaways

  • Spain’s youth justice system, particularly Diagrama’s model, stands in stark contrast to England’s punitive approach.
  • Rehabilitation is prioritized over punishment, with small, home-like units, strong educational focus, and an emphasis on relationships.
  • Judges remain actively involved in a child's progress, allowing flexibility in sentencing.
  • Security is minimal—trust and relationships are key to behavior management.
  • Outcomes appear significantly better than in England, with lower reoffending rates and zero suicides in Diagrama-run facilities.

Spain’s model suggests that youth justice works best when it is based on care, education, and relationships rather than confinement and punishment.

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