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International NOTA Conference 19th September

2019

‘A Tale of Two Cities’ or ‘not in my Backyard’:

the Challenge of Meeting the Housing Needs of Individual Sex Offenders in

Northern Ireland & the Republic of Ireland

Julie Smyth, PPANI Coordinator, Paul Thompson, PBNI Area Manager, Co-located Public Protection

Team, Gerry Duffy, NIHE Assistant Principal Officer – Homelessness &

Eithne O Donnell Senior Social Worker , Local Authorities Representative

National SORAM Office

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Property of NOTA 2019

Accommodation for Offenders in Communities

Ø  Securing stable accommodation is a recognised protective factor in assisting offenders from reoffending

Ø  E.g.Cowenetal(1999)-providingsocialhousingimprovedcommunitysafety,reducedtheriskofreoffendingandresultedinbeBermanagementofhighriskoffenders

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However

The placement of an offender in independent accommodation in the community should also minimise as far as possible the risk to others.


Whilst individuals convicted of sexual and certain violent

offences (violent offences against a child or vulnerable adult, violent offences in domestic / family circumstances & violent

offences aggravated by hostility) are subject to the Public Protection Arrangements NI it is the perceived risk posed by sexual offenders which is of greatest concern to the public.

Consequently it can be a challenge to secure independent accommodation within the community for individuals with

sexual offences

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Sex Offenders, are the most feared and loathed

category of offender in society (Petrunik 2001) &

Sex Offenders are treated unlike any other criminals

(Eisenberg 2001).

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Since the early 1980’s sexual offending

has been acknowledged as a major social issue

in Northern Ireland

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Public concerns about sex offenders living or working in the community had been heightened considerably following high profile media coverage: Ø Kincora Enquiry - 1982 Ø Martin Huston Enquiry - 1993 Ø Fr Brendan Smyth Enquiry – 1995 Ø Attracta Harron Case - 2003


Ø Communities are reluctant / hostile to have individual's convicted of sexual offences residing in their locality

Ø Media attention/identification of specific offenders

Ø Community reaction

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A number of mechanisms have been introduced to manage the risk posed: Ø 1997: (1st Sept.) Sex Offender Notification

Ø 2001: (1st Sept.) MASRAM (Multi-agency Sex-offender Risk Assessment and Management)

Ø 2008: (1st Oct.) The Criminal Justice (NI) Order put public protection on a statutory footing with the Public Protection Arrangements Northern Ireland (PPANI) replacing the existing MASRAM arrangements

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However:

Sex Offending was identified, not as a problem with a single solution,

but as a whole range of Public Safety problems of which

Child Protection was only one element

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Response to Sexual & Violent Offending

Promotion of a Public Health approach through a multi-agency Sexual Violence &

Domestic Violence Strategy addressing: 1.  Victim Issues 2.  Investigation and Prosecution 3.  Public Education 4.  Risk Assessment & Management

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Engagement Strategies

Importance of communication / relationship building with: •  Elected Representatives •  Communities •  Media

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Elected Representatives

�  2016 – 2017 PPANI Awareness Inputs delivered to 11 Local / District Councils

�  2016 – 2017 PPANI Awareness Inputs delivered to 7

Policing & Community Safety Partnerships; importance of local agency representation / knowledge

�  Invitations to deliver PPANI Awareness Inputs extended

to 108 MLAs, ‘face to face’ meetings held with 15 MLAs, including Chair NI Assembly Justice Committee

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Engagement with Media

�  Challenging for PPANI agencies to engage with media

e.g. press – focus on ‘bad’ news stories and do not want to promote ‘success’ stories.

�  Workshop held for Media – limited uptake �  However – 2011 BBC Newsline ran series of inputs re

PPANI as a ‘special interest’ feature.

�  Multi-agency response to any media requests

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Engagement with Local Communities

� Delivery of awareness raising sessions re sexual / domestic Abuse to local community groups e.g. residents associations / church & faith groups

� Meet with local community groups in response to emerging issues – however do not discuss specific cases

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PBNI APPROVED PREMISES

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Paul Thompson, PBNI Area Manager, Co-located Public Protection Team/Hostels


APPROVED PREMISES

Definition:

“Hostels which receive NIHE Supporting People funding specifically for offenders, allocate bed-spaces for criminal justice referrals and apply PBNI Standards”. Legislative basis: The Probation Board (NI) Order 1982, Paragraph 4 (2).

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Strategic Partnerships

�  PBNI is not an accommodation provider and does not own or manage accommodation for offenders. PBNI works in partnership with a range of Voluntary/Community and Statutory organisations to identify and address the accommodation needs of those subject to supervision.

�  Statutory Partners: Northern Ireland Housing Executive, Department for Communities – Promoting Social Inclusion and Northern Ireland Prison Service.

�  Voluntary Sector Partners: Approved Premises Providers, Floating Support and other temporary accommodation providers.

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Current Approved Premises Providers

AccommodationProvider/Location

Management PBNIReferrals/totalcapacity

Dismas House - Belfast

Extern 14/14

Innis Centre - Belfast

Extern 20/20

Centenary House - Belfast

Salvation Army 13/80

Thompson House - Belfast

PBSW 19/19

MUST - Cookstown

Extern 8/20 (including 3 females)

Edward St - Portadown

SCNI 15/15

Bonds Hill – L/Derry

SCNI 4/16 19


REFERRALS

�  Changing role of Approved Premises. Originally used primarily by homeless offenders, now required for released prisoners requiring additional supervision in the community.

�  Offenders subject to Community Orders (Probation, Combination Order, SOPOs and VOPOs).

�  Offenders due to be released from custody (Custody Probation Orders, Article 26 Licence, DCS, ECS and ICS Licences. CJO 2008)

�  Offenders in custody eligible for Home Leave. �  Life Sentence Prisoners prior to release on Life License. �  Offenders requiring a Bail address.

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REFERRAL PROCESS

�  Standardised Referral Form – (revised in Jan 2019 for GDPR compliance)

�  Referring Probation Officer completes referral form and forwards electronically to ‘Hostel Mailbox’.

�  Hostel Referral Panel – Meets every Tuesday, chaired by Area Manager with responsibility for accommodation and attended by all Approved Premises Managers.

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Referral Process contd.

�  Referrals discussed and referrals allocated to individual Approved Premises Managers for assessment.

�  Outcome of assessments discussed at Referral Panel. Risk Management measures agreed.

�  Minutes of Referral Panel circulated to all referring Probation Officers – decisions re. placement recorded.

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Challenges

�  Availability/Demand – currently 93 approved beds available. 305 referrals during period April 2018 to April 2019.

�  Risk Profile – 90 Offenders managed by PPANI of whom 62 were sex offenders. CAT1 25, Cat 2 48 and Cat 3 17.

�  Others, Murder 28, M/slaughter 4, GBH etc 28 �  Occupancy level 97% �  Move-on Accommodation – difficulty in securing

appropriate move-on accommodation.

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Challenges contd.

�  Of the current 93 residents in APs 39 are subject to Public Protection Arrangements NI, 34 of whom are RSO.

�  Parole Commissioners NI – releases at short notice following oral hearings.

�  Concentration of Approved bed-spaces in greater Belfast area.

�  Limited bed availability re. referrals in respect of Home Leave & Bail.

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Role of Northern Ireland Housing Executive (NIHE)

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Social Housing In N. Ireland � NIHE established in 1971 � NIHE assumed the housing responsibilities of 60 plus

separate authorities � NIHE - single comprehensive regional housing authority � NI Assembly – Stormont �  8 Governmental Departments & Executive Office � Department for Communities – Housing � NIHE own & manage approx. 85,000 dwellings � Average rent : £67 p/w � Allocate homes via Housing Selection Scheme Rules � Approx. 3000 staff

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Registered Housing Associations

�  20 Registered Housing Associations � Own & manage approx. 50,000 properties � Average rent : £78 p/w �  Employ approx. 3,000 staff � Allocate homes using Housing Selection Scheme Rules � Common Waiting List with NIHE � Access to NIHE Housing Management System � Build new social housing homes -------------------------------------------------------------------- � Average private rent : £94 p/w 27


Housing / Homeless Stats – Year 2018/19

�  18.2K presented to NIHE as homeless

�  12.5K accepted by NIHE as homeless

�  49K applicants on waiting list as at 31-3-19

https://www.communities-ni.gov.uk/topics/housing

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Role of NIHE re Offender Accommodation�  Senior Management Board (SMB): Ø  Policy & Practice Sub Group Ø  Accommodation Sub Group

�  NIHE representative attends pre-release prison LAPPP �  Process in place for housing / homeless application to be

made to local NIHE outlet closest to prison: Ø Housing / homeless assessment carried out Ø  If eligible then points awarded & Ø  Applicant placed on waiting list

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Temporary Accommodation in the Community

�  Majority of homeless offenders are placed in “Approved Premises” hostels

�  Difficult to move on as per earlier slide �  Other Temporary Accommodation

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Permanent Accommodation in the Community

�  Common waiting list for all social housing providers �  Alert on system for relevant offenders (S/O) �  Designated Risk Manager (DRM) contacted before any

proposed allocation �  Accommodation suitability assessed ( see later slide for

details) �  Offer of accommodation may be restricted under Housing

Selection Scheme Rules 62-67

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Guidance for PPANI Agencies when Assessing the Suitability of Accommodation for

Offenders in the Community

•  Need for consistent approach by DRMs from all PPANI agencies when assessing accommodation suitability

•  ‘Best Practice’ Guidelines re Accommodation

suitability devised by PPANI Accommodation Sub Group

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Factors which should be considered when Assessing Accommodation Suitability

A range of factors have been identified that should be considered when assessing accommodation suitability. However, it is essential that the assessment of suitability is specific to the offender and the risk they pose.

•  Are there children living at the address

•  Are there Children/vulnerable adults frequently visiting the address

•  Accommodation is in immediate proximity to victim/s, children and child centred locations and/or breaches existing legal requirements, e.g. licence, SOPO requirement.

•  Accommodation is in an area where there is a specific risk to the safety of the offender.

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Process re Approval of Accommodation

•  DRM will initially assess the of suitability of an address before forwarding a request to the relevant Public Protection Unit /other PPANI agencies for consideration. The DRM’s initial request will include a recommendation re appropriateness.

•  Where a PPANI agency has statutory responsibility for approving an offender’s accommodation, e.g. PBNI in respect of offenders released on supervised Licence, they will liaise with partner agencies in respect of address suitability. However, the final decision regarding address approval will remain with the agency that has statutory responsibility.

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Process re Approval of Accommodation contd.

•  Where necessary, the DRM should arrange to visit the potential address prior to any final decision. If the PPANI DRM is from an agency other than PSNI the visit should be completed in conjunction with the PPU/PPT officers where practicable.

•  Agencies should forward their views regarding the suitability of the address to the DRM within 5 working days.

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Operational Issues

§  Archived Cases §  Process for Accommodation Checks §  Private Rented Sector Access Scheme §  Sheltered Accommodation §  Chronic Homeless Cases §  Universal Credit §  GDPR §  Fundamental Review

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Eithne O Donnell Senior Social Worker

Local Authorities Representative National SORAM Office

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COMMUNITY MANAGEMENT OF SEX OFFENDERS THROUGH SORAM

(SEX OFFENDER RISK ASSESSMENT &

MANAGEMENT)

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1.  Developing consistent practice nationally among all Local Authorities.

2.  Delivering the SORAM model – to all qualifying cases - on a multi-agency basis without legislation

3.  The national accommodation crisis: �  Large waiting lists �  Lack of suitable accommodation types �  Low Housing stock �  Shortages in the private rented sector (especially for social applicants)

Challenges for SORAM & its Local Authority partner agencies:

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SEX OFFENDER RISK ASSESSMENT & MANAGEMENT (SORAM)

v Established to enhance levels of co-operation and co-ordination between key statutory organisations involved in managing the risk posed to the community by convicted sex offenders and in safeguarding the welfare of children.

v Entry requirement – Medium or above on RM2000 and

subject to Post Release Supervision by Probation Service.

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STATUTORY AGENCY INVOLVEMENT IN SORAM

SORAM is led jointly by An Garda Siochána and The Probation Service, and with the active support of the Child and Family Agency, Local Authority Housing and the Irish Prison Service.

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CONVICTED SEX OFFENDER MANAGEMENT:

o  Single agency management – An Garda Siochána (Convicted sex offenders subject to the Sex Offender Act 2001). Mostly low to medium risk.

o Multi -agency management – SORAM – Convicted sex

offenders subject to the Act and (as required by condition at their sentencing) also subject to Probation supervision. Mostly medium to high risk.

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SORAM - BACKGROUND

In 2009, the Department of Justice, Equality and Law Reform published a report of the Working Group: ‘The Management of Sex Offenders: A Discussion Document’. - It recommended a multi agency approach to the management of convicted sex offenders in the community.

- A National SORAM Steering Group was established to govern the development of the SORAM model including the development of Local SORAM Teams.

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SORAM – DEVELOPMENT: Ø  Local SORAM Teams Pilot Areas - 5 (2010); 11(2012); 12(2013) Ø  September 2010 –Tusla joined National Steering Group in an observer

capacity. Ø  October 2012- Tusla joined the original 5 Local SORAM teams. Ø  October 2013 - National SORAM Office set up Ø  April 2015 - Local authority representative joined National SORAM Office Ø  July 2015 – Regional SOLOs to be appointed Ø  Risk Assessment & Management Plan (RAMP) – amended 2015. Ø  November 2016 – Manual of Practice Introduced Ø  December 2016 – Local authority SOLOs appointed Ø  January 2017 – Oversight commencing Ø  January 2018 – Irish Prison Service joined National SORAM Office. Ø  January 2019 – Victim Representation on National SORAM Steering Group. Ø  2019 – Joint Strategy for the Development of SORAM 2020-2023(draft) Ø  2019 – Completion of Annual Report for SORAM 2017-2018

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SORAM - STRUCTURE

NaDonalSORAMSteeringGroup

§  Meetseveryquarter§  GovernstheNaDonalSORAMOffice§  IncludesrepresentaDvesfromIrishPrisonService/Cosc

NaDonalSORAMOffice

§  OpenedOctober2013§  5PartnerAgencies–AGS,ProbaDon,Tusla,Housing,IPS§  Developmentofpolicy/procedures/oversightofLSTs

LocalSORAMTeams §  4PartnerAgencies§  DevelopindividualriskassessmentmanagementplanforeachoffenderinalocalSORAMteam.

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HOUSING SITUATION IN REPUBLIC OF IRELAND

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DEVELOPMENT OF CONSISTENT LOCAL AUTHORITY PRACTICE

TOWARD SEX OFFENDERS WITH SOCIAL HOUSING/ ACCOMMODATION

NEEDS

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STRUCTURE OF LOCAL AUTHORITIES

ü The breakdown between local authorities at county, city and city and county is as follows:

ü There are 31 local authorities ü 26 county councils (of which three are in Dublin -

Fingal, Dún Laoghaire-Rathdown and South Dublin) ü 3 city councils: Cork, Dublin and Galway ü 2 city and county councils: Limerick and Waterford. ü Every local authority manages its own area … there is

no single housing authority …

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The involvement of local authorities is an objective of Government housing & homelessness policy

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SEX OFFENDER LIAISON OFFICERS (SOLOS)

Ø SOLOs are the first point of contact within each Local Authority on all housing matters relating to Sex Offenders.

Ø SOLOs are permanent members of the local SORAM Teams.

Ø SOLOs will work with Sex Offenders, both those in SORAM and those who are not.

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CURRENT SITUATION: v Step one – Irish Prison Service notify the relevant local

authority at least three months prior to release. v Step Two - offender presents to local authority on

release , a housing needs assessment is carried out. v If eligible, they are then put on the Housing List as

deemed to be in need of Social Housing Supports. v Applicant offered homeless temporary

accommodation (where available)

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THE NEED FOR LEGISLATION TO MAKE THE

SORAM ARRANGEMENTS - & LOCAL AUTHORITY INVOLVEMENT IN SORAM -

PERMANENT

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Ø LegislationwouldmoveSORAMfrompilottopermanent.

Ø Legislationwouldrequirelocalauthorityinvolvement.

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Name EmailAddress Phone Julie Smyth

PPANI Coordinator

[email protected]

028 90 259612

Paul Thompson

PBNI

[email protected]

028 90 262 413

Gerry Duffy

NIHE

[email protected]

028 95982322

Eithne O’Donnell

National SORAM Office

[email protected]

01-6663984

Contact Details


Thank you

Any Questions?

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