Rewiring justice -launch-presentation
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Rewiring justice -launch-presentation
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Rewiring justice -launch-presentation
- 1. Wednesday 12 September, 2018
- 2. Background
- 3. We need a new model for delivering justice - one which balances punishment and rehabilitation and is designed to deal with the complexity of offender’s needs From a system where… ● Interventions reach offenders too late ● Punishment within the community is virtually non-existent, so prison is over-utilised ● Prisons are overcrowded and thus incapable of proper rehabilitation ● The social causes of crime and reoffending are neglected To a system which... ● sets clear boundaries and deals with transgression swiftly to prevent escalation ● provides robust punishment in the community ● allows prisons to become places of rehabilitation ● brings services together to address the root cause of offending, preventing the cycle of crime.
- 4. Context
- 5. The pressures facing the justice system are very different to a decade ago, with a changing mix in crimes and offenders Total offenders cautioned/ sentenced for indictable (more serious) offences and proportion with 15 or more previous convictions or cautions Selected ‘high harm’1 recorded crime offences: volumes and % change between year ending Sept’ 2008 & 2017 The nature of crime demand has changed: with a growth in more costly, ‘high-harm’ crimes The nature of offending has changed: as the cohort shrinks it is becoming more prolific and complex
- 6. At the same time, the fiscal squeeze on justice has tightened, and we are seeing the effects of this most visibly in our prisons NOMS departmental expenditure 2009-2020* (*estimated) Safety in custody over the past five years Reductions in staffing have contributed to record levels of violence in prisons The Ministry of Justice has been at the sharp end of austerity
- 7. Why previous reforms have failed
- 8. There has been lots of reform over the past 25 years - but most reforms have been based on flawed assumptions about how to change offenders’ behaviour Traditional models of reform Proportion of short (<6 months and 6-12 months) and long (>12 months) custodial sentence lengths (2018) Bureaucracy Markets Why this fails the CJS Theory of change Outcomes best achieved by rolling out technocratic plans from top down Outcomes achieved through greater choice and contestability Outcomes cannot be directly planned for; reoffending has multiple, non-linear causes Methods Behaviour incentivised by top-down performance targets; services are delivered ‘to’ users Services are contracted out to external providers; interaction with users is transactional Systems that are silo’d and centrally managed are not able to manage complexity; services prioritise processes over relationships Suitable problems ‘Tame’ problems, where we know what works and the challenge is to scale up/ transfer e.g. hip operations ‘Tame’ problems where providers and consumers respond to market incentives e.g. refuse collection ‘Complex’ problems where no standard strategy or market incentive can be relied upon to achieve an outcome … And the tendency of policymakers has been to address symptoms rather than causes Reforms have prioritised processes over relationships and treated offenders as a monolith...
- 9. Reforms have also been held back by a polarised debate between welfare- oriented and punitive approaches and outdated assumptions about the public Aspects of justice performance most important to the public (2017) ...But there is public support for a different approach: today’s Britain is neither vindictive nor soft on crime
- 11. Other systems are transforming to meet new challenges - the CJS can learn from NHS attempts to design a system to respond to individuals with chaotic lives/ complex needs Problem ● Rising number of patients who are older and sicker than ever before ● Majority of spending on chronically ill patients in hospitals Innovation ● Aim: simplify and reduce demand on the system ● Reconfiguring the system - integrating services around particular populations and building an NHS that is less ‘hospital-centric’ ● Solutions led locally Results ● Demand for acute beds in vanguard areas falling - nationally rising by over 3% ● Successful areas focus on those driving highest levels of demand - with multiple, serious long -term conditions using NHS most often Clear Parallels with CJS: ● Prison demand ● Prison budget and policy agenda ● Alternatives not equipped to deal with demand
- 12. No criminal justice system is perfect, but lessons can be drawn from looking at how other systems are adapting Scotland A similar system attempting to tackle many of the same issues over 5 years: ● High prison population ● Stubborn reoffending rates ● Centralised system Netherlands A very different system, but has addressed many of the same issues: ● Number of prisoners fell 52% 2006-16 ● Recorded crime fell 20% between 2012-16 Their system is more Integrated, Personalised and Evidence-based ● Community-based interventions are the norm ● Incentivisation for all agencies to collaborate on complex cases ● Offenders treated as a individuals Their system is more Localised, Preventative and Integrated: ● Continuous through care - probation officers build meaningful relationships ● A community focus - services joined up - third sector agencies able to provide vital wrap around support in community
- 13. Service user involvement has been central to policy development in areas such as health and welfare, yet it has been relatively overlooked in the CJS The underlying message that came through from our service user focus groups was the need for: personalised, holistic approaches to punishment and rehabilitation, across three key themes... 1. Meaningful and effective sentences 2. Relationships with criminal justice system staff 3. More resources for effective delivery across the CJS “It’s not just making them do the community service and then go back, because they have a reason why they’ve committed a crime. So, get that reason sorted.” “They don’t deal with us as human beings and this is where the problem lies. Probation doesn’t see anyone as a human being, the police doesn’t see anyone as a human being. The care system doesn’t see anyone as a human being.” “The problem is though, they always talk about they haven’t got resources for this. Staff are always going on leave because they can’t cope. Like waiting lists are just ridiculous. So, all of that needs to be looked at.”
- 14. We identified innovative approaches to punishment and rehabilitation - to understand how personalising interventions and integrating services work in practice Key themes that cut across all of the case studies included: ● Understanding the salience of root causes in offending behaviour ● Importance of good quality personal relationships in changing behaviour ● Continuity of through care at every stage of the offender journey ● Integrated approaches to rehabilitative aspects of sentences/interventions ● Reduced focus on ‘outcomes’ ● Addressing practical barriers to successful integration - the CJS and beyond Khulisa: Breaking the cycle of violence through behavioural change and personal development ● Targets the root causes of offending behaviour ● Builds trusting, consistent relationship ● Works at all stages of the CJS journey ● Integrated, personalised approach Tempus Novo: Offender rehabilitation through supported, sustainable employment ● Cultivates sustained, trusting one-on-one relationships ● Co-located/ embedded in prisons ● Joined-up, integrated approach ● Overcomes issues that stem from CJS design ● ‘Change points’
- 15. Principles for redesigning the system
- 16. We need a new model for delivering justice - one which balances punishment and rehabilitation and is designed to deal with the complexity of offender’s needs This model would be based on three key principles: 1. Devolving power to shift money upstream 2. Integrating services 3. Deepening relationships There is a need for more honesty in the public policy debate: we are going to need to spend more money on our justice system in order to reap longer term dividends
- 18. We have set out 14 recommendations which combine radicalism and pragmatism to forge an achievable long-term vision for reform ● PCCs and directly elected mayors given the power to co-commission offender management services locally and co-design innovative community sentences ● Piloting the establishment of locally embedded, multi-agency ‘prolific offending teams’ overseen by Local Criminal Justice Boards ● Greater discretion for probation providers in determining the shape of post-sentence supervision: ensuring more young adult (18-25 year old) offenders are assigned a dedicated lead professional to manage their rehabilitation and resettlement ● Changing the incentives for judges with a new national presumption against the use of short custodial sentences (under 6 months) and overhauling community sentences with new minimum standards on intensity, swiftness, enforcement and transparency ● A significant injection of funds into our justice system, with the creation of a new three year central government £100 million criminal justice transformation fund, and an expansion of the ability of PCCs and Mayors to raise revenue locally via a ‘crime and justice precept’ (raising up to £180 million a year)
- 19. Thank you sophie.dumont@crestadvisory.com Please get in touch!
- 20. Wednesday 12 September, 2018
Editor's Notes
- This is our attempt to set out a bold new direction for delivering justice. Our argument in this paper is that our justice system is designed to fail, and that we need a new model of punishment and rehabilitation which moves away from our current system which relies on prison for punishment and neglects the complexity of offenders needs - to when where alternatives exist in the community, prisons are places of rehabilitation for those who need to be there, and services are integrated This Criminal justice is teetering on the verge of meltdown. Successive UK governments, faced with the failure of reforms, have attempted to paper the crisis over: allocating additional funds to probation companies, for example, or for the recruitment of new prison officers. These gestures are not enough to make our system fit for purpose in the modern era.
- The prison population has grown hugely - many are now close to holding more than is operationally safe The lion’s share of the budget is locked up in prisons, reducing the resources available to tackle root causes
- Whether the attempt by last Labour gob’t to reform NOMS or TR under grayling, 2 sides of same coin, one trying to reform from above highly centralised other contract out services not sufficient We think managing offenders is a fundamentally difernt challgnege to other services, hip ops bins v straightforward linear contrcrs, nbut dealing with highly complex need to crate incentices for personlised intrentions
- Whether the attempt by last Labour gob’t to reform NOMS or TR under grayling, 2 sides of same coin, one trying to reform from above highly centralised other contract out services not sufficient We think managing offenders is a fundamentally difernt challgnege to other services, hip ops bins v straightforward linear contrcrs, nbut dealing with highly complex need to crate incentices for personlised intrentions The CJS has to stop being the poor relation to other public services - to do this - focus should be on reforming the system around wider social benefits
- Whether the attempt by last Labour gob’t to reform NOMS or TR under grayling, 2 sides of same coin, one trying to reform from above highly centralised other contract out services not sufficient We think managing offenders is a fundamentally difernt challgnege to other services, hip ops bins v straightforward linear contrcrs, nbut dealing with highly complex need to crate incentices for personlised intrentions make up the lion’s share of the MoJ budget and dominate the policy agenda Yet current alternatives are not equipped or robust enough to deal with the added strain that would arise from moving to a more preventative system which dealt with prolific offenders in the community
- Scotland, focus on community first and wrapping services around people Through-the-gate (TTG) in England and Wales is struggling as probation officers are unable to build meaningful relationships with individuals pre or post release TTG services are fragmented - third sector agencies are not able to provide vital wrap around support Netherlands there is a continuity of through care Netherlands has seen a drastic reduction in its prison population over the last decade. Going from levels similar to the UK only a decade ago to a prison rate of roughly ⅓ of England and Wales: In England and Wales there are few effective interventions taking place in the community and no incentives/requirement for local agencies from outside the criminal justice system to work together to tackle complex causes of offending Offenders are treated as a homogenous group in our current criminal justice system – with a lack of personalisation to their sentence
- While some progress is being made to narrow the gap – for example, through the work of groups like prison councils, User Voice, Revolving Doors Agency and others – attempts to involve service users in the design and delivery of the criminal justice system in England and Wales have been patchy. Overall, the participants’ responses clearly indicated their rejection of any one-size-fits-all approach when devising effective community sentences. Participants repeatedly stressed that community sentences were much more likely to be effective when they were considered ‘meaningful’ by the individual. Meaningful interventions meant different things to different participants, but common themes included: Work- or employment-based community sentences; Sentences which offered the opportunity to develop skills and experience; Sentences which were relevant to the individual’s interests; Enabling individuals to give back to the community and see who their work was impacting; and Positively-framed sentences which helped build self-confidence and self-esteem All these factors are encapsulated in a final point of consensus on how to make community sentences more effective: both groups cited the value of personalised interventions that address the root causes of offending.“It’s not just making them do the community service and then go back, because they have a reason why they’ve committed a crime. So, get that reason sorted.”
- While some progress is being made to narrow the gap – for example, through the work of groups like prison councils, User Voice, Revolving Doors Agency and others – attempts to involve service users in the design and delivery of the criminal justice system in England and Wales have been patchy. Overall, the participants’ responses clearly indicated their rejection of any one-size-fits-all approach when devising effective community sentences. Participants repeatedly stressed that community sentences were much more likely to be effective when they were considered ‘meaningful’ by the individual. Meaningful interventions meant different things to different participants, but common themes included: Work- or employment-based community sentences; Sentences which offered the opportunity to develop skills and experience; Sentences which were relevant to the individual’s interests; Enabling individuals to give back to the community and see who their work was impacting; and Positively-framed sentences which helped build self-confidence and self-esteem All these factors are encapsulated in a final point of consensus on how to make community sentences more effective: both groups cited the value of personalised interventions that address the root causes of offending.“It’s not just making them do the community service and then go back, because they have a reason why they’ve committed a crime. So, get that reason sorted.”
- Taking these principles seriously would result in some substantive policy shifts, particularly with respect to the way prolific offenders are sentenced, managed and rehabilitate
- Effective rewiring for the 21st century means deepening integration across agencies within and outside the system, so they can collaborate, communicate, and learn which interventions are appropriate in different contexts... ...But this interconnectedness has little value if not paired with the flexibility to respond, innovate, and adapt lessons at a local level. It also needs to be properly funded. We have set out a pack of 14 recommendations, which, when taken together, we believe will end up generating significant cost savings - combine radicalism and pragmatism to forge an achievable long-term vision for reform Devolution Integration Personalisation Facilitating change at the national level We do not pretend that in the short term they are cost neutral - they will be paid for by an increase in central government and locally raised revenue.
- Over centralisation is the main obstacle to greater connectivity and innovation in the criminal justice system. When it comes to punishment and rehabilitation, key decisions about funding and priorities are still largely taken in Whitehall. = 1. Silos, so no ‘whole person/ place’ apporach - not good for complex 2. Proiders ccountable to whitehall rather than commnunities -not flexible Devo l enable PCCs and directly elected mayors to pool devolved budgets across silos, reducing duplication and boosting integration across services. Hold local areas to account. Change incenstivisation These holistic interventions will be tailored to account for local drivers of demand and prolific offending. Budgetary discretion will give local authorities a tangible economic incentive to invest in upstream prevention and innovative alternatives to custody, such as electronic monitoring.