GLOBAL - The United Kingdom government has launched a review into its policy of arresting and charging children in state care who assault staff or damage property, a move announced on Monday, 17th November 2025, that shifts focus towards support and counselling over automatic criminalisation. This development places a spotlight on international best practices for juvenile justice and invites a crucial examination of how Kenya manages vulnerable children within its own care system, particularly in light of recent sweeping legal reforms.

The UK review aims to tighten a 2018 protocol that discouraged police involvement for behaviours a "reasonable parent" would not report. The push for reform comes amid stark findings that children in the UK care system are ten times more likely to receive a police caution or conviction than their peers not in care. Research published by the Children's Commissioner for England, Dame Rachel de Souza, found that many children were charged with offences like common assault or minor criminal damage—behaviours that would likely be managed privately within a family setting. De Souza's office highlighted cases where traumatised children, often with complex needs stemming from prior abuse or exploitation, face a punitive justice system instead of receiving therapeutic support.

Data from the UK's Office for National Statistics further underscores the disparity: 52% of children who have been in care had a criminal conviction by age 24, compared to just 13% of those who had not. The review signals a significant philosophical shift, prioritizing trauma-informed care over punitive measures for vulnerable youth whose challenging behaviour is often a direct result of their past experiences.

Kenya's Legal Landscape and Systemic Challenges

While the UK grapples with the "over-policing" of children's homes, Kenya is navigating its own profound transformation in child welfare, guided by the landmark Children Act, 2022. This legislation fundamentally realigns Kenya's approach to child justice, notably by raising the age of criminal responsibility from 8 to 12 years. The Act stipulates that any child under 14 is presumed incapable of differentiating right from wrong, placing a higher burden of proof on the prosecution. These provisions are designed to shield children from premature exposure to the penal system, favouring diversionary programmes and alternative dispute resolution.

However, the Kenyan context differs significantly. The primary challenge is not necessarily "over-policing" but the systemic issues that lead to children entering care in the first place. According to the National Care Reform Strategy for Children in Kenya (2022-2032), an estimated 45,000 children reside in over 845 registered Charitable Children's Institutions (CCIs), with many more in unregistered homes. Key drivers for institutionalisation include poverty, orphanhood, and family breakdown. Reports have highlighted significant risks within some CCIs, including child trafficking and violence against children.

In response, the Children Act, 2022, mandates a decade-long transition away from institutionalisation towards family- and community-based care, such as foster care, guardianship, and adoption. The government's strategy is to phase out private CCIs by 2032, a move intended to ensure children grow up in family environments, which are considered fundamental to their well-being under the Kenyan Constitution.

A Global Dialogue on Child Protection

The UK's policy review and Kenya's systemic reforms are part of a broader global movement, underpinned by the UN Convention on the Rights of the Child, which advocates for detention only as a last resort. Both nations, through different approaches, are striving to create child justice systems that are less punitive and more protective.

For Kenya, the challenge lies in the implementation of its ambitious reforms. The transition from institutional care requires substantial investment in social support systems, family strengthening programmes, and the recruitment and training of alternative caregivers like foster parents. As noted by UNICEF Kenya, strengthening the social welfare workforce and ensuring adequate budget allocations at the county level are critical steps. The success of the de-institutionalisation agenda hinges on the capacity of communities to absorb and protect these vulnerable children, preventing them from falling into circumstances that could lead to conflict with the law.

While direct data on the criminalisation of children within Kenyan CCIs is not as readily available as in the UK, the underlying principle remains universally relevant. The UK's focus on whether a child's action would warrant a police call in a traditional family home provides a powerful benchmark for caregivers and authorities everywhere. As Kenya builds its new child welfare architecture, integrating this principle—treating children in care as children first, not potential offenders—will be paramount to upholding the progressive spirit of the Children Act, 2022, and ensuring a safer, more just future for its most vulnerable citizens.