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    Restraining Young People in Custody for the Purposes of “Discipline” is Dangerous and illegal

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    Earlier this year the Justice Secretary, Chris Grayling unveiled plans for an £85 million secure young offender unit in Leicestershire which will open in 2017. The unit will hold 320 boys and girls between the ages of 12 and 17 and its intention is to put “education at the heart of custody” and reduce re-offending. There has been mass condemnation of the “secure college” from various member organizations of the Standing Committee of Youth Justice including the Howard League for Penal Reform who described the government’s plan as “flawed, dangerous and a recipe for child abuse.”

    20031016-liss-mw08-008-910To add further controversy to the plans, Chris Grayling has called for the re-introduction of restraint techniques to be used on the young people held in the unit. The details enclosed in Part 2 of the Criminal Justice and Courts Bill, permit custody officers to use force on children in custody in order to maintain good order and discipline (GOAD). Use of force is currently permitted in youth custody as a last resort for preventing harm to other young people.

    However, in 2008 a judgement by the Court of Appeal ruled that use of force must only be used where absolutely necessary. Applying use of force on children as a means of disciplining them does not comply with the criteria of ‘absolutely necessary’ and is therefore incompatible with Articles 3 and 8 of the European Convention on Human Rights (ECHR).

    The use of force on children in custody is both ineffective in reducing re-offending rates and dangerous. Lord Carlile QC undertook an independent review of the use of force on children in custody and found that violence often became the norm by custody officers.

    The tragic death of Gareth Myatt in 2004 was a valuable and costly lesson for the Youth Justice Board and demonstrates the unpredictable consequences of restraint techniques.

    On April 19th 2004, Gareth, aged 14 and weighing under seven stone, was put in to the seated double embrace position by three adults after refusing to clean a toaster in the communal dining area. Gareth protested that he could not breathe but his pleas were ignored until he finally choked on his own vomit.

    Photo Credit: Courtesy of Open Society Foundation

    From 1990 to 2011, 31 children died in custody. Whilst 29 of those deaths were self-inflicted, the figure highlights the already desperate situation of children who end up in custodial settings.

    These young people are often the most vulnerable, neglected and socially isolated in society. Many have grown up experiencing severe physical and sexual abuse. Their unfair and troubled childhood is often the main factor leading them to prison. To add further violence for the purposes of GOAD in YOIs will only further reinforce the lesson that many of these children already know; that life is a cruel and violent place. The lessons they have never learned are how to feel safe, loved and respected.

    If our aim as a society is to rehabilitate young people and reduce crime we must take an evidence-led approach. Virginie Despentes astutely said: “What does prison create? It is no solution, just the face of inhumanity, the dirty mirror reflecting how poorly we live together, how we only know how to respond to violence by unleashing more violence.”

    Chris Grayling’s insistence on re-introducing restraint techniques to maintain order is a clear backwards step in prison reform.

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    Rebecca Joy Novell is a Qualified Social Worker working with gangs in central London. She graduated from The University of Sheffield in 2012 with a Masters in Social Work. Rebecca has been involved with Youth Justice since 2008 in a variety of voluntary and paid roles and is currently undertaking a Professional Doctorate in Criminal Justice. She was elected to the Professional Assembly for The College of Social Work, is part of the Criminal Justice Reference Group for the British Association of Social Workers and regularly blogs for The Guardian’s Social Care Network. She is also the author of Starting Social Work: Reflections of a Newly Qualified Social Worker. Her blog can be found at www.charitynovelll.wordpress.com.

    5 Comments

    5 Comments

    1. Don Don

      Don Don

      December 19, 2014 at 4:49 am

      Ya this is not good for us

    2. Samantha JL

      December 18, 2014 at 2:37 pm

      Had to do a year at a Group Home for kids… Restraints occurred VERY regularly. It was traumatising not only for the kids but for us staff as well. I burnt out after less than a year and finally left. It was heartbreaking in every sense of the term.

    3. Ona Raza

      Ona Raza

      December 18, 2014 at 2:08 am

      Awful

    4. Daisy Mae

      December 18, 2014 at 12:39 am

      Reminds me one of your classes I took Michelle Van Natta

    5. Sandra Fryrear

      December 17, 2014 at 8:24 pm

      Sick!

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    Leave a Reply

    Disability

    Unpacking the Historical Relationship of Racism and Ableism

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    A key part of anti-racist social work practice is engaging in the art of reflection as we consider the person in the environment. This also involves being aware of the larger social context in which we live and practice. The social context can, for some people, include experiences of racism and ableism. Recently, I wrote about the symbiotic relationship between racism and ableism and why social workers should care about it. Now, I want to take a step back and look at the historical context that leads us to where we are today with the relationship for disabled people of color. Through the consideration of history, we can understand how to better move forward with integrity as anti-racist social work practitioners.

    As the poet Maya Angelou said “History, despite its wrenching pain, cannot be unlived, but if faced with courage, need not be lived again.” So what are the historical roots of this relationship between racism and ableism? Let’s explore.

    Historical Roots of Ableism and Racism

    We began to see the interaction between ableism and racism way back in our nation’s history. Let’s look at four examples to make this relationship clear. During slavery times, slaveowners conjured up the idea of drapetomania, the alleged psychosis that was experienced by runaway slaves which in retrospect was emblematic of the interaction of ableism and racism. This is an example of how race is pathologized to create racism. In other words, people of color were treated in specific oppressive ways in order to create barriers and conditions that resulted in the origination of disability categories. In reflecting on drapetomania, Isabella Kres-Nash points out that “the concept of disability has been used to justify discrimination against other groups by attributing disability to them.” Of drapetomania specifically, Kres-Nash says this is an example of a “disability being created by people in power in order to preserve social order” all of which occurred in a racialized context during slavery.

    Moving into the 19th century, we can point to the popularity of phrenology, a pseudoscientific technique originally developed in the late 1700s which purports to determine an individual’s character and abilities (and therefore, alleged superiority). This could be deduced from the size and shape of various bumps on a person’s head. Phrenology, among other things, was used to justify the practice of slavery, as was depicted in the film Django, Unchained. Although this pseudoscience has long been discredited, this technique is considered a precursor to modern neuropsychology and rears its ugly head once in a while in current-day conversations about the use of technology and facial recognition (which is known to be much less accurate for people of color).

    Scientific Racism

    If we look to more recent times, such as the turn of the 20th century, we can see connections between racism and the ableist Eugenics movement which sought to breed a perfect human race through a form of “scientific racism.” This movement often targeted what were known as “feebleminded” people (now known as intellectually and developmentally disabled people), among others, for sterilization, many of whom were people of color. In his discussion on the treatment of African American and Black “feebleminded” people, historian Gregory Dorr says “African Americans had become the targets of extra-institutional and extra-legal sterilizations, reflective of a more general southern racist view that it was necessary to further protect the white race itself from black folks.” Thus, scientific racism is a prime example of the relationship between racism and ableism.

    An Unusual Island in Maine

    In the early 1900s, what transpired with the inhabitants of Malaga Island in Maine is also emblematic of the relationship between racism and ableism. This small coastal island was a multiracial fishing community originally founded by an ex-slave. While inter-racial marriage was illegal, the community apparently allowed people to live and let live in this regard. It is said that many of the inhabitants of the island were “feebleminded” or intellectually and developmentally disabled, as we would now say. Whether this is accurate is unknown. As the Eugenics movement gained popularity and as the value of Maine’s coastal islands became more clear as potential tourist destinations, state government officials issued an eviction order to all of the Malaga residents – of all races and ethnicities. All residents who had no place to go were to be placed in the Maine School for the Feebleminded, where some were eventually sterilized and lived out the rest of their lives. The price of miscegenation was banishment from a happy community due in large part to ableism and racism.

    An Inextricable Link

    These four historical lessons give us some important context for what we may see in social work practice today. So, to put it all together, when we look at how structural racism works, we see the ways in which it has pathologized Black and Brown bodies for the purpose of keeping the White status quo in place. We can see how a society that benefits from structural racism is simultaneously responsible for facilitating environments that promote the development or highlighting of disability. These historical situations set the foundations for present day scenarios in which racism and ableism interact regularly – in our criminal justice system, in our education system, in our health care system, in our child welfare system and beyond.

    Action Steps

    How can you learn from this history and move on in a positive direction? Your job is to reflect on the ways in which the past plays out in the present day, and to identify the ways in which you can disrupt the powerful relationship between ableism and racism in your social work practice. Here are five steps you can consider taking today as an equity-minded social work practitioner:

    1. Become aware of all of your client’s social identities, think about disability as an identity, not just race.
    2. Use data to identify inequitable processes and outcomes based on both race and disability.
    3. Reflect on the differential consequences of social work practices on people and communities based on race and disability.
    4. Exercise agency to produce equity across racial and disability groups.
    5. View the practice context as a potentially oppressive and marginalizing space and self-monitor interactions with clients/patients/constituents of different racial and disability social identities.
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    Justice

    Understanding DACA & the Role Social Workers Play in Advancing Immigration Justice

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    Written by Christeen Badie & Karina Velasco

    There are approximately 10.5 million undocumented individuals in the United States according to Pew Research. Immigrants often leave their home countries seeking better opportunities and a brighter future. Refugees, asylum seekers, and migrants are escaping poverty, political conflict, natural disasters, and violence. To provide limited relief to some undocumented immigrants, on June 15, 2012, former President Barack Obama used his executive power to create the Deferred Action for Childhood Arrivals (DACA) program. DACA provides approved individuals with work authorization and a social security
    number, allowing recipients to apply for driver licenses and identification cards. DACA is a deferred action, meaning that it is discretionary and available only for certain undocumented people who came to the U.S. as children. To qualify for DACA, individuals must meet strict eligibility criteria, which include: arriving in the U.S. before the age of 16, meeting certain educational requirements, being under the age of 31 as of June 15, 2012, never being convicted of a felony, and never posing a threat to national
    security or public safety. In the following, we’ll explore this program further and the role social workers can play in regards to immigration justice.

    DACA in Action

    When DACA was first introduced, it brought a sense of relief to the hundreds of thousands of individuals who could benefit from this executive action. One DACA recipient, who was interviewed for this article, discussed in-depth what DACA meant to her and her family. Nataly*, a 32-year-old Mexican woman, was brought to the United States by a coyote at the young age of six. Before DACA, Nataly expressed living in constant fear of deportation and arrest. She stated, “As a kid without documentation, I was embarrassed to talk about my status. When other students talked about going to college, I felt like there was no future for me and I couldn’t move forward.” DACA provided hope to hundreds of thousands of young people like Nataly. After gaining DACA, Nataly described feeling relieved and excited. “I felt hope, happiness, and security about my future. I felt like I could become whoever I wanted; although I faced racism as a DACA recipient trying to enroll in college, I didn’t give up.” DACA recipients must pay out-of-state tuition at most universities, regardless of how long they have been in that State, and in most States they do not qualify for financial student aid.

    A Deeper Look at DACA

    To fully understand DACA, it is critical to know that DACA does not lead to a path to citizenship or permanent residency and it can be revoked at any time. Although approximately 643,560 people have benefitted from this action, DACA has received wide criticism and opposition from citizens and political figures according to the Center for American Progress. Despite being upheld by the Supreme Court, DACA’s critics cast it as an unlawful solution to deal with undocumented immigrants residing in the United States. As we continue to witness the legal battles unfold in the courts in attempts to rescind the program, Nataly cries and expresses being scared because the U.S. government has access to all of her information and can easily locate her now. Just like Nataly, many DACA recipients, often referred to as Dreamers, are experiencing fears, anxiety, and sometimes depression. They constantly worry about what the court will decide and whether the decision will affect their ability to continue attending school, working, staying in the country, and pursuing their dreams. In addition, they face the persistent fear of deportation and the inability to support their families emotionally and financially. The lives of hundreds of thousands of Dreamers continue to be in turmoil due to the lack of comprehensive immigration reform.

    Today, the DACA program is 9 years old and as we look into the future, we need to recognize that Dreamers have demonstrated that they belong in the United States. They are our colleagues, neighbors, friends, and essential workers. They pay $613.8 million in mortgage payments and $2.3 billion in rental payments annually. They also pay $5.7 billion in federal taxes and $3.1 billion in state and local taxes every year. They are part of the fabric of this country. They make tremendous economic contributions to our society, and many of them are on the frontlines treating patients suffering from physical illness and mental health issues caused by the global Coronavirus pandemic.

    The Responsibility of Social Workers

    As social workers, we are tasked with fighting for social justice for all people. Whether we are allies or are directly affected by this issue, it is imminent that we support and raise our voice on behalf of all the Dreamers. Undocumented immigrants are a vulnerable population and social workers should challenge how Congress, organizations, universities, and all other institutions see and treat Dreamers. Nataly is now a dental hygienist, a small business owner, and a mother of two. This is the only home she knows and remembers. You can help Nataly and hundreds of thousands of Dreamers like her by calling your representatives in Congress, signing petitions, attending calls to action, and educating the public. For more information about how you can get involved, check out immigrant rights organizations such as United We Dream, the UndocuBlack Network, and join the Social Workers United for Immigration network (SWUFI).

    *A pseudonym was used to protect the identity of the interviewee.

     

    SWUFI is a network committed to the well-being and advancement of immigrants,
    asylum seekers, refugees, and fighting for their rights. Together, we envision access to
    resources for immigrants, an immigration movement where social workers stand strong
    alongside immigrants and allies at the local, state, and federal levels, and collaboration
    among social workers that includes peer support, and educational opportunities. To join,
    send an email to socialworkersforimmigration@gmail.com.

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    Employment

    Cultivating an Equitable and Anti-Racist Workplace

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    2020 was filled with unprecedented events in all facets of life, and, as many have noted across the globe, the year became a landmark for the call to action against racism.

    From the incident in Central Park, where a white woman called the police on a black bird watcher, to the murder of George Floyd by police officers, and when the police officers who murdered Breonna Taylor in her home were not indicted for their involvement in her murder, it is clear that racism is still very prevalent and pervasive. It reaches far and wide, including at home and in the workplace, where power dynamics and structural racism can be multiplied. 

    Through his talk, “Social Work’s Role in Black Lives Matter,” Wayne Reid discussed racism’s reach into social workers’ professional lives. In the workplace, there are certain barriers that people of color face that white people do not. To address these barriers and inequities, equality, diversity, and inclusion advisory groups are often created. Too often, the burden of creating these groups and addressing racism in the workplace falls solely on people of color, when it is a fight that requires everyone’s involvement, especially those in positions of power. This is part of the push for people to go beyond being non-racist and to become anti-racist– actively fighting against racism and advocating for changes against racist policies and practices. It is an active, ongoing process, not only in one’s personal life but in professional environments as well.

    Creating an Anti-Racist Workplace

    Wayne works for the British Association of Social Workers (BASW), which currently has a goal to create a universal anti-racist framework that is applicable to all aspects of the social work field. This includes creating an anti-racist workplace, and Wayne and the BASW have an idea for how that would look. As Wayne described, an anti-racist workplace would have a very specific anti-racist mission statement, making sure to interview people of color, to integrate an anti-racism mentality into policies and procedures, to provide adequate anti-racism training to all staff, and to conduct annual pay reviews for employees of color to ensure they are being paid fairly relative to their white colleagues. With these steps, workplaces would have to take active steps to ensure they were discussing race within the workplace and enforcing anti-racist policies.

    On top of these ideas for an anti-racist workplace, including mandatory professional development courses aimed at educating people on how to be anti-racist, anti-discriminatory, and anti-oppressive would be beneficial. There are already experts in the world of anti-racism who have done the groundwork, and their expertise can be utilized to help implement anti-racist practices within workplaces. For example, Stanford University has created an “Anti-Racism Toolkit” for managers to better equip themselves to address racism in the workplace and move towards a more inclusive environment, and the W.K Kellogg Foundation has created a Racial Equity Resource Guide full of training methods and workshops to provide structure for anti-racist professional development.

    Leadership Inequality

    Wayne also discussed the importance of leadership programs for people of color within their workplaces. In the US, black people only make up 3.2% of senior leadership roles, and only 0.8% of Fortune 500 CEO positions. Employers need to sufficiently invest in leadership training programs and provide the resources to ensure the success of people of color within them. Leadership programs for people of color would help address the lack of people of color in leadership positions within the social work field and beyond. For social work specifically, in conjunction with these leadership programs, employers should create programs allowing social workers of color to mentor senior staff members as well, providing insight for them regarding the challenges people of color face in the workplace. That said, while the benefits of this type of program are important, boundary setting and confidentiality are just as vital and would need to be well thought out prior to implementation.

    Addressing Education

    In order to assist in diversifying leadership, higher education must also be addressed. Despite the increase in people of color attending college, there is still a large imbalance in representation compared to the general US population.

    For the social work field, it is important to address the accessibility of social work education programs. Because they are often expensive and have numerous requirements for entry, entry into the field is inaccessible for many. They also need to include a more deliberately anti-racist curriculum, which can be guided by people of color through their lived experiences, as well as experts in the field. The field of social work has long been dominated by white women, and that imbalance has impacted the curriculum that we use today.

    Moving Forward

    As long as people continue to ignore racism and the effects it continues to have, nothing will change. Wayne and the BASW’s work to integrate anti-racist education and policies into the workplace and social work schools is crucial to the future of social work and the progress of anti-racist work. Social work needs to play a large role in the changing of policies and practices to ensure that the future is more equitable for all.

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