Improving outcomes for Black and

minority ethnic users of London Probation

IARS - London Probation conference 15th November 2012

Prof. Dr. Theo Gavrielides,

Founder & Director IARS

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Starting from the end The criminal justice system – including its agencies – is a

reflection of society.

All recent reviews (e.g. Equalities Review 2007, EHRC

Human Rights Inquiry 2009, EHRC Human Rights

Review 2012), Public Inquiries (e.g. St. Lawrence Inquiry,

Scarman Inquiry) and Government Surveys (e.g. British

Crime Survey, NOMS stats) conclude that there are

persistent inequalities within society and hence the CJS.

Race always comes first as a driving factor.

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Starting from the end If we are honest about our intentions to tackle persistent

race inequalities within the criminal justice system and

beyond, then we have to accept the evidence, and focus

on improving public services.

This project is about reviewing current practice

within London probation, and the building of an

evidence base that will help the Trust achieve better

and measurable outcomes for its BME service users.

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A quick snapshot • Population in England & Wales: 54,809,100. BME groups account for

6,620,200 i.e.12.07% (ONS 2009).

• Prison population in England & Wales: 85,002. BME groups account for

23,801 i.e. 28% (MoJ, 2012). (36% of young people in custody were

BME).

• London’s population: 7,753,600. BME groups account for 2,347,600 i.e.

30.28% (Office for national statistics, mid 2009).

• In London, 49.1% of prisoners are BME (MoJ, 2012).

• In London Probation, 43% are BME users (MoJ, 2012).

• 90% of prisoners have one or more mental health issue (Bradley Report,

2009). The 2007 ‘Count me in’ survey showed 40% of BME groups

access mental healthcare through CJS.

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Improving service provision: Developing an

understanding

Are there any government studies on the matter?

Are there any academic publications?

What has been the role of the community sector?

Do we know enough to start

tacking the issue?

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“Working Bibliography” Ashby, J. (2011) ‘Delivering the Alcohol Treatment Requirement: Assessing the outcomes and impact of coercive treatment for alcohol

misuse’ in Probation Journal March 2011 58: 52-67, http://prb.sagepub.com/content/58/1/52.refs (Academic login required)

Calverley, A. et al. (2006). Black and Asian Probationers: Implications of the Home Office study, London: Napo. (Academic login required)

SB

Calverly, A et al. (2004) Home Office Research Study 277: Black and Asian Offenders on Probation cited at

http://jastoy.plus.com/pdf/african_and_asian_offenders_on_probation.pdf RC (Impact of probation services on preventing

reoffending / changing behaviour)

Carman, G. W. and Harutunian, T. (2004) Fairness at the Time of Sentencing: The Accuracy of the Presentence Report. St. John's Law

Review: Vol. 78(1), Article 1. AC (PSRs)

Criminal Justice Act 2003, Sections 156, 158 and 159 AC (Pre-sentence reports)

Crutchfield, R., A. Fernandes and J. Martinez (2010). Racial and Ethnic Disparity and Criminal Justice: How much is too much?, Chicago:

Journal of Criminal Law and Criminology.

Durrance, P. and P. Williams (2003). Broadening the agenda around what works for black and Asian offenders, London: Probation Journal

(Academic login required)

England, J., J. Deakin, and J. Spencer (2007). Investigating the community networks of Black and Minority-Ethnic ex-prisoners: An

exploratory study, Manchester: University of Manchester SB (Reintegration)

Felizer, M. and R. Hood (2004). Differences or Discrimination? Minority Ethnic People in the Youth Justice System, London: Youth Justice

Board. RC (different treatment of young BME people in YOTS (plus some discussion of PSRs)

Hankinson, I. and P. Priestly (2010). Diversity and effectiveness in probation: The

One-to-One programme in West Mercia, London: Probation Journal

Home Office Research, Development and Statistics Directorate (2002). Programmes for Black and Asian Offenders on Probation: Lessons

for developing practice, London: Home Office SB (Tailored services)

Home Office Research, Development and Statistics Directorate (2004). Black and Asian offenders on probation, London: Home Office. SB

(Criminogenic needs, BME experiences)

Hood, R., S. Shute, F. Seemungal (2003). Ethnic minorities in the criminal courts: Perceptions of fairness and equality of treatment, London:

Lord Chancellor’s Department. SB (Discrimination in court?)

House of Commons Home Affairs Committee (2007). Young Black People and the Criminal Justice System, London: House of Commons

http://www.publications.parliament.uk/pa/cm200607/cmselect/cmhaff/181/181i.pdf . SB and RC (Race and crime - background)

Hudson, B. and G. Bramhall (2005). Assessing the ‘Other’ Constructions of ‘Asianness’ in Risk Assessments by Probation Officers, Oxford:

British Journal of Criminology. (Academic login required)

IMPACT (2008). The Impact of IMPACT: Overcoming Barriers to Employment for Ex-offenders, London: HMPS. SB (Resettlement

tailored service, case study)

Jacobson, J., C. Phillips and K. Edgar (2010), ‘Double Trouble’? Black, Asian and minority ethnic offender’s experiences of resettlement,

London: Clinks and the Prison Reform Trust. SB (Post-release and rehabilitation)

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“Working Bibliography” Mason, D. (2004) Explaining Ethnic Differences: Changing patterns of disadvantage in Britain

Ministry of Justice (2012) Getting it Right for Victims and Witnesses: Equality Impact Assessment https://consult.justice.gov.uk/digital-

communications/victims-witnesses RC (Experiences of BME victims and witnesses in the CJS)

Ministry of Justice (2012). Punishment and Reform: Effective Probation Services (consultation paper), London: Ministry of Justice. SB

(Improving probation services)

Ministry of Justice (2012). Punishment and Reform: Effective Community Sentences (consultation paper), London: Ministry of Justice. SB

(Improving community sentences)

Ministry of Justice (2011). National Standards for the Management of Offenders:

http://www.justice.gov.uk/downloads/publications/corporate-reports/MoJ/national-standards-management-offenders-2011.pdf.

Accessed 17/10/12.

Ministry of Justice (2010). Statistics on Race and the Criminal Justice System 2010, London: Ministry of Justice.

Ministry of Justice (2007). The Government’s Response to the House of Commons Home Affairs Select Committee Report: Young Black

People and the Criminal Justice System, London: Ministry of Justice.

Nacro (2007). Black Communities, Mental Health and the Criminal Justice System, London: Nacro. RC (Mental health)

Nacro (2005). Integrated resettlement: Putting the pieces together, London: Nacro. SB (Resettlement)

Nacro (2004). Barriers to Equality: Challenges in tracking black and minority ethnic people through the criminal justice system, London:

Nacro.

NOMS Alcohol Interventions Guidance including revised guidance on Managing the Alcohol Treatment Requirement (ATR) - Update of

Annex B to Probation Circular 57/2005 P.188 RC (Alcohol, drugs, mental health issues amongst BME offenders / Staff

sensitivities towards BME service users).

Powis B. and Walmsley R. (2002) Home Office Research Study 250: Programmes for black and Asian offenders on probation: Lessons for

developing practice RC (Reducing reoffending / issue of separated service provision)

Phillips, C. (2011). Lessons for Resettlement, London: Clinks. SB (Resettlement)

Phillips, C. and Bowling, B. (2004) Racism, ethnicity and criminology: Developing minority perspectives, LSE Research online cited at

http://eprints.lse.ac.uk/17939/1/Racism,_race_and_ethnicity_(LSERO).pdf RC (Minority perspective in criminology)

Prison Reform Trust (2012) Prison Reform Trust response to the Ministry of Justice consultation, Punishment and reform: effective

community sentences RC (BME and mental health needs / implications for probation services)

Prison Reform Trust (2006). Forgotten Prisoners: The plight of foreign national prisoners in England and Wales, London: Prison Reform

Trust.

Rollock, N. (2009). The Stephen Lawrence Inquiry 10 Years On: An Analysis of the Literature, London: Runnymede. RC (Race and

policing / Experiences of BME victims)

Samota, N. (2011). Family engagement in the resettlement process, London: CRJ and Nacro. SB (Resettlement)

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“Working Bibliography” Samota , N. (2011). Beyond Prison: Engaging and resettling offenders, York: Clinks.

Seymour, L. and Rutherford, M. (2008) The Community Order and the Mental Health Treatment Requirement, The Sainsbury Centre for

Mental Health RC ( Mental health needs of BME community)

Sharp, D., S. Atherton, K. Williams (2006). Everyone’s Business: Investigating the resettlement needs of Black and minority ethnic

ex-offenders in the West Midlands, Birmingham: Government Office for the West Midlands. SB (Resettlement)

Smith, E., I. Haslewood-Pócsik, and J. Spencer (2006). Barriers to the employment of BME ex-offenders, Manchester: University of

Manchester. SB (Resettlement)

Lewis, S., P. Raynor, D. Smith and A. Wardak (2006). Race and Probation, Devon: Willan Publishing.

London Probation Trust (2012). Equalities Annual Report 2011-2012, London: London Probation Trust.

London Probation Trust (2012). Equalities Monitoring Report October 2011- March 2012, London: London Probation Trust.

London Probation Trust (2011). Equalities Monitoring Report April- October 2011, London: London Probation Trust.

London Probation Trust (2011). Our Approach to Equality and Diversity: Single Equality Scheme 2011-14, London: London Probation Trust.

Sveinsson, K. (2012). Criminal Justice v. Racial Justice: Minority ethnic overrepresentation in the criminal justice system, London:

Runnymede.

Ministry of Justice (2012) The effectiveness of difference community order requirements for offenders who received OASys assessment

cited at http://www.justice.gov.uk/downloads/publications/research-and-analysis/moj-research/niesr-report.pdf RC ( Relationship

between different community orders and reoffending rates)

Victim Support (2006). Crime and Prejudice: The Support Needs of Victims of Hate Crime: A Research Report -

http://www.victimsupport.org.uk/About-us/Publications/~/media/Files/Publications/ResearchReports/crime-prejudice

Youth Justice Board (2010). Exploring the needs of young Black and Minority Ethnic offender and the provision of targeted interventions,

London: YJB.

Case Studies

http://www.airfootball.co.uk/case-studies/michael-18 - RC Air Football (reducing reoffending)

http://www.wdp-drugs.org.uk/pages/criminal-justice-services.html - RC (community based criminal justice services)

http://www.victimsupport.org/About-us/Policy-and-

research/~/media/Files/Publications/ResearchReports/VSA%20reports/Listening%20and%20learning%20-%20Northumbria%20v2 –

RC (support for BME victims)

http://www.victimsupport.org.uk/~/media/Files/Publications/ResearchReports/investigating-practical-needs.ashx - RC (reluctance amongst

BME victims to seek support)

http://queens-

belfast.org/schools/SchoolofLaw/Research/ResearchProjects/ChildhoodTransitionandSocialJusticeInitiative/FileStore/Filetoupload,190

399,en.pdf#page=17 ? – Irish probation services working with women from Roma backgrounds

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Time for “doing” - but, why now? 1. Living in a competitive world! The need for a “business case” for

probation services.

• Are services fit for purpose?

• Are services responding to users’ needs and circumstances?

• How do they compare to other services?

• Do services give value for money?

2. Communities are speaking up! They have to be heard.

3. Economic and social benefits that are to be gained for: London

Probation – the criminal justice system – society.

4. The system can no longer cope. In particular:

• Full & stretched capacity (e.g. see prison population)

• Effectiveness (e.g. see re-offending rates)

• Costs (e.g. see average cost of one prisoner per year).

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Time for “doing” - but, why now? 5. Changes in legislation & policy. The need to comply, e.g.

• Ministry of Justice (2012). Punishment and Reform: Effective

Probation Services (consultation paper)

• Ministry of Justice (2012). Punishment and Reform: Effective

Community Sentences (consultation paper)

• NOMS Commissioning Intentions document 2012.

• Equality Act 2010

• Payment by results

6. Moving away from process driven practices to outcome focused

monitoring, e.g. see Race Relations (Amendment) Act vs. Equality

Act 2010

7. The “Locality Agenda” and the “Big Society”

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The IARS project in brief! Phase 1: Review of the literature (academia, policy, legislation,

voluntary sector, think-tanks, national & international)

Phase 2: Talking to you! 15th November event.

Phase 3: Reviewing best practice case studies

Phase 4: Analysis – advice

Phase 5: Publication & Public Event (February 2013)

Project Objective

To review existing practice and create an evidence-

base that will allow London Probation to achieve

better outcomes for its BME service users

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Who is IARS and why us?

IARS is a community born, independent think

tank with a charitable mission to give everyone

a chance to forge a safer, fairer and more

inclusive society.

We believe in evidence based approaches that

are community led, moving the individual from

the margins into the heart of problem solving.

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The IARS project team Dr. Theo Gavrielides, IARS Director

Lewis Parle, IARS Programme Director

Dr. Margaret Greenfields, IARS Research Associate

Rachel Cass, IARS Research & Policy Coordinator

Alice Christian, IARS Research Assistant

Sophia Blake, IARS Research & Policy Analyst

Autumn Nailes, IARS Research & Policy intern

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Offender pathways & the role of probation

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Emerging themes/ indicators from the

review 1. The need for individualised and culturally specific services.

• Small, locally-based specialist services

• Multiple identities

• Language barriers & confidence.

2. The role of communities:

• Informal support services – reconciling with the issue of

commissioning and “usual suspects”

• The voluntary & community sector.

3. The role of the BME and faith sectors.

4. User focused services – the case of user empowerment:

• Dealing with offenders’ feeling of community isolation

• Encouraging responsibility-taking.

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Emerging themes/ indicators from the

review 5. Mainstreaming restorative justice as a community-led response

to harm and the restoration of victims and communities:

• The role of victims and existing safeguards

• Keeping restorative justice community-led

• Empowering professionals.

6. Workforce and diversity within.

7. The role of offenders and victims’ families and friends.

• Resettlement: Housing and support

• Family engagement

• “Not one size fits all”: BME family structures

• Faith in the system and probation

• The issue of foreign nationals offenders

• Considering motherhood and fatherhood.

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Emerging themes/ indicators from the

review 7. The issue of mental health:

• Issues of treatment and therapy

• Issues of bias, cultural understanding and difference

• Training of professionals.

8. Matters of compliance and legal action:

• Equality Act 2010

• Offender Management Act 2007

• Human Rights Act 1998

• LPT Business Plan, Vision & Mission, code of practice.

9. The role of human rights

• Building the right culture within probation

• Away from “compensation culture” and towards HR principles

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Measurable outcomes

1. Customer (service user) satisfaction

2. User involvement

3. Community proofed practice (community standard)

4. Legal compliance

5. Procurement & service agreements

6. Workforce development & employee satisfaction

7. Value for money & competition

8. Changes in public confidence

9. Human rights indicators – a corporate approach

10.Celebrate & Reward (beacon practice)

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Dr. Theo Gavrielides

Founder & Director, IARS

159 Clapham Road,

London SW9 0PU, UK

T.Gavrielides@iars.org.uk

020 7820 0945

www.iars.org.uk

Dr. Gavrielides is also a Visiting Professor at Buckinghamshire New University

(UK), a Visiting Professorial Research Fellow at Panteion University (Greece),

and a Visiting Senior Research Fellow at Open University (UK).

Questions & Contact details