Thousands of vulnerable children could be needlessly criminalised each year for offences as minor as breaking a cup, according to a report by a prison reform charity.

Kent Police have been called to children’s homes more than 2,600 times in the last three years.

A report released today by the Howard League for Penal Reform reveals about 4% of children aged 10 to 12 who live in children’s homes have been criminalised, rising to more than 19% among children aged 13 to 15.

This means 13 to 15-year-olds living in children’s homes are almost six times as likely to be criminalised as their peers in other placements – and almost 20 times more likely to be criminalised than a non-looked after child of a similar age.

As an example, the charity said that in 2013 the House of Commons Justice Committee heard one example of officers being asked to attend a children’s home to investigate a broken cup.

In Kent the number of police visits to children's homes has risen over the last three years from 796 in 2012/13 to 974 in 2014/15.

The charity suggests the national figures reveal a systemic problem across England and Wales that leads staff to resort to the police, often over minor incidents that would never come to officers’ attention if they happened in family homes.

The report states: “Levels of criminalisation of children in children’s homes increase dramatically between the ages of 13 and 15.

"Private companies, charities and local authorities that are paid a fortune by the taxpayer should give these children what they need and deserve" -
Frances Crook

“The children who are being criminalised whilst teenagers are the same children who, when younger, were sympathetically viewed as vulnerable, innocent and highly deserving of society's help and protection.

“There appears to be a ‘tipping point’ around the age of 13, at which time these children lose society’s sympathy and, rather than being helped, they are pushed into the criminal justice system.”

Police have raised a number of issues with the Howard League that may explain why the rate of criminalisation of children in children’s homes is so high.

Forces told the charity that private contractors running children’s homes had used police "to cover staff shortages and because staff were not trained and competent to deal with children’s behaviour."

However, Kent Police says it does not unnecessarily criminalise children in care, and said the majority of call-outs were missing person cases.

A spokesman said: "Children in Kent Care Homes are not being unnecessarily criminalised by police.

"The force takes a balanced view in each and every case. Officers apply proportionate justice considering the seriousness of the offence together with the views of the victims and witnesses.

"Scrutiny of the data identifies that over 1,600 of the reports relate to missing people enquiries being carried out by officers.

"A further 119 attendances regard concern for the welfare of children in care.

"A number of the incidents are abandoned 999 calls where officers have attended to check that all was in order, several more relate to alarm activations which transpired to be user error."

Moreover, police say they always consider the 'public interest' in deciding to prosecute.

A spokesman added: "Public interest is a key consideration before any decision to prosecute.

"When considering a young person’s offending behaviour Kent Police work closely with partner agencies to consider appropriate methods of dealing, which include community resolutions as well as referrals to appropriate authorities to enable any offending behaviour and the root causes to be addressed."

Kent County Council said it was aware of the problem, and was taking steps to avoid necessarily criminalising children in its care.

A spokesman said: “The vast majority of Kent children in care are placed in foster families and a very small number live in children’s homes.

"Most of the children placed in residential homes in Kent are from other local authorities, and we are concerned that placing them so far from home makes it harder for those authorities to keep them safe.

"We recognise that the criminalisation of young people in these homes is an issue and we are committed to reducing the prosecution of children in care.

"We have agreed a protocol with our partners at Medway Council and the Kent Criminal Justice Board to find alternative solutions so that calling the police is a last resort, as it would be in a family home.

"We are working with the owners of children’s homes to promote restorative justice which takes into account the needs of both the victim and the offender.”

Some police forces told the Howard League they were picking up the pieces of a “social care deficit”, and children were being pushed into the criminal justice process rather than receiving the support they needed from local authorities and children’s homes.

The charity heard there was a lack of confidence in the standard of children’s homes and a perception by police that vulnerable children would be better cared for in the cells.

Frances Crook, Chief Executive of the Howard League for Penal Reform, said: “These children have been taken into care because they are in dire need and their parents cannot, or will not, look after them.

“They are wonderful young people who have had a really bad start in life. They deserve every chance to flourish.

“Private companies, charities and local authorities that are paid a fortune by the taxpayer should give these children what they need and deserve."

In 2014, there were 5,220 children living in children’s homes. The number of children going into care is at its highest point in 30 years.