PREVENTING OFFENDING BY YOUNG PEOPLE:
A FRAMEWORK FOR ACTION
PROGRESS (2008-2011) AND NEXT STEPS
1
FOREWORD
3
ACKNOWLEDGEMENTS
4
1.
5
2.
INTRODUCTION
1.1
Background and context
5
1.2
Key Themes
6
1.3
Building on Progress
6
The JOURNEY SO FAR:
8
2.1 Prevention
8
2.1
Early and Effective Intervention
9
2.2
Managing High Risk
11
2.3
Victims and Community Confidence
13
2.4
Planning and Performance Improvement
15
3. IMPACT OF YOUTH JUSTICE POLICY ON CHILDREN AND YOUNG
PEOPLE
17
4.
3.1
Key National Statistics
17
3.2
Benefits of the Whole System Approach
19
3.3
INTERFACE WITH OTHER WORK
20
Reducing Re-offending Programme (RRP)
20
4.1
Getting it right for every child (GIRFEC)
20
4.2
Early Years Framework (EYF) (pre-birth to 8 years old)
20
4.3
Curriculum for Excellence
21
4.4
Community safety including knife crime and CashBack
21
4.5
Alcohol and Drug Partnerships (ADPs)
21
4.6
Alcohol and Offenders Criminal Justice Research Programme
22
4.7
Health
22
4.8
Family work and parenting
22
5. THE NEXT STAGE OF THE JOURNEY: FUTURE PRIORITIES FOR
ACTION
23
5.1
Priorities
23
5.2
Next Steps
25
2
FOREWORD
When we launched the ‘Preventing Offending by Young People – Framework for
Action’ 1 document in 2008, we believed that the vast majority of young people in
Scotland make a positive contribution to society and are valuable and valued
members of their communities. Four years on and we still firmly believe this. We
have a shared vision of a Scotland where all children and young people pursue their
dreams and fulfil their potential in safe, strong and supportive families and
communities. Through the Framework, the Scottish Government, Convention of
Scottish Local Authorities (COSLA) and key partners have been committed to
delivering real improvements on the ground for all children and young people in
Scotland.
Much progress has been made and this report demonstrates what has been
delivered under the five key themes of the Framework. Highlights include the
implementation of a multi-agency Early and Effective Intervention in Scotland aiming
to ensure that young people who do not require compulsory measures receive better
outcomes. We have also seen the abolition of unruly certificates and an increase in
the minimum age of prosecution, through the Criminal Justice and Licensing
(Scotland) Act 2 and we have worked in partnership with the Association of Chief
Police Officers Scotland (ACPOS) to develop guidance for police officers in dealing
with young people who offend – the ‘Flexible Approach to Offending’ 3 .
There can be no doubt that this work is starting to pay dividends – with offence
referrals to the Children’s Reporter reducing year on year and a significant decrease
in the number of 16 and 17 year olds in the prison estate over the last year. The
Scottish Policing Performance Framework Annual Report, published in October
2011, shows recorded crimes and offences by children and young people (8-17
years old inclusive) are down by 18.9% between 2009-10 and 2010-11 and by
27.8% since 2008-09, with the number of children young people (8-17 years olds
inclusive) who have committed crimes and offences decreasing by 16.7% between
2009-10 and 2010-11 and by 24.1% since 2008-09.
We believe that despite pressures on resources, it is more important than ever that
we work together to improve the quality and reach of services so that each individual
has their needs met in a way that is best for them. Therefore, we must continue, in
partnership, to build on the strong foundations of the progress already made under
the Framework and continue to provide the best chances for all children and young
people in Scotland.
Kenny MacAskill
Cabinet Secretary for Justice
Councillor Isabel Hutton
COSLA Spokesperson for Education,
Children and Young People
1
http://www.scotland.gov.uk/Publications/2008/06/17093513/0
http://www.legislation.gov.uk/asp/2010/13/contents/enacted
3
http://www.acpos.police.uk/Policies.html
2
3
ACKNOWLEDGEMENTS
The Scottish Government and the Convention of Scottish Local Authorities (COSLA)
would like to thank the following key partners for their valuable contribution and
commitment to driving forward the Preventing Offending by Young People
Framework:
Association of Chief Police Officers Scotland (ACPOS)
Scottish Children’s Reporter Administration (SCRA)
Crown Office and Procurator Fiscal (COPFS)
Care Inspectorate
Association of Directors of Social Work (ADSW)
Association of Directors of Education in Scotland (ADES)
Third Sector
4
1.
INTRODUCTION
1.1
Background and context
The Government in Scotland has the overarching purpose 4 of creating a more
successful country, with opportunities for all of Scotland to flourish, through
increasing sustainable economic growth.
Young people, their families and
communities are at the heart of this vision. As a child’s early years are the most
important and have a huge impact on their future lives and life chances, we are
jointly committed to intervening early and offering the necessary support where
required. Tackling the causes and effects of offending by young people is key to
building safe and strong communities, within which Scotland’s future generation can
fulfil its enormous potential.
On 19 June 2008, the partnership framework ‘Preventing Offending by Young
People – A Framework for Action’ was formally launched by the Minister for
Community Safety and Councillor Isabel Hutton, COSLA spokesperson on
Education, Children and Young People. The Framework sets out a shared vision of
what national and local agencies working with children and young people who
offend, or are at risk of offending, should do to prevent, divert, manage and change
that behaviour. The over-arching shared commitment is to work together to deliver
real improvements on the ground.
Reducing and preventing offending by young people will make a vital contribution to
the overall aim, as identified in the National Performance Framework, of making our
communities safer and stronger. By tackling offending by young people we are
contributing, to a number of the National Outcomes, in particular National Outcomes
4, 5, 8 and 9:
4
National Outcome 4:
Our children have the
best start in life and are
ready to succeed
National Outcome 5:
Our young people are
successful
learners,
confident
individuals,
effective
contributors
and responsible citizens
National Outcome 8:
We have improved life
chances for children,
young
people
and
families at risk
National Outcome 9:
We live our lives safe
from crime, disorder
and danger
www.scotland.gov.uk/About/purposestratobjs
5
1.2
Key Themes
The Preventing Offending by Young People Framework is broad in scope covering
prevention, diversion, intervention and risk management and although the main
focus has been on young people aged between 8 and 16 years old, the Framework
recognises the need to start preventative work from an early age and the need to
consider transitions to adulthood, and in particular the vulnerable period between 16
and 21.
The key themes of the Framework are:
•
Prevention – This focuses on addressing the causes of the problem and
providing the right level of support before problems materialise.
•
Early and Effective Intervention – In line with Getting it Right for Every Child
agencies must act promptly in partnership with others, to provide a timely,
proportionate and effective response to children and young people.
•
High Risk and Transitions – There is a small but significant number of
children and young people who present a high risk to themselves and others
and who have complex needs which require careful planning and
management tailored to their needs and age and stage of development.
•
Victims and Community Confidence – Everyone has the right to feel safe in
their homes and wider community. Many young people who commit crimes
have previously been victims themselves, therefore, there is a clear need to
strengthen support for victims.
•
Planning and Performance Improvement – Local Authorities and partners
will determine through the single outcome agreements what information will
be reported to communities about achievement against outcomes, however,
there is a role for national bodies in supporting local areas.
1.3
Building on Progress
There is a wealth of good practice across Scotland in the areas highlighted above;
the challenge is embedding this as standard practice nationally. It was important to
acknowledge and build on significant progress which had been made in previous
years. There were a number of areas of work, which were already underway or
completed when the Framework was published and this work has supported the
implementation of the Framework over the past four years:
•
•
5
6
Getting it right for every child (GIRFEC) 5 provides the framework within which
all services will deliver a personalised, effective response to young people.
Early Years Framework 6 (pre-birth to 8 years old) aims to give children the
best start in life and equip them with the resilience and skills to navigate a
range of challenges that will face them in adolescence and beyond.
http://www.scotland.gov.uk/Topics/People/Young-People/gettingitright
http://scotland.gov.uk/Publications/2009/01/13095148/0
6
•
•
•
•
•
Curriculum for Excellence 7 aims to provide a seamless package of learning
activities in or out of school to enable children and young people to become
successful learners, confident individuals, effective contributors and
responsible citizens.
Looked after Children and Young People: We Can and Must Do Better 8 seeks
to better understand the educational barriers and issues that looked after
children and young people experience.
CashBack for Communities 9 is a programme of diversionary and other
activities for young people to increase the opportunities they have to develop
their interests and skills in an enjoyable, fulfilling and supported way, using
funds recovered from criminals.
Intensive Support and Monitoring 10 was introduced by the Anti-social
Behaviour (Scotland) Act 2004, as an alternative to secure accommodation.
More Choices More Chances 11 is a strategy to reduce the number of young
people not in education, employment or training in Scotland.
7
http://www.scotland.gov.uk/Topics/Education/Schools/curriculum/ACE
http://scotland.gov.uk/Publications/2007/01/15084446/0
9
http://www.scotland.gov.uk/Topics/Justice/public-safety/17141/cashback
10
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/Page/service
11
http://scotland.gov.uk/Publications/2006/06/13100205/0
8
7
2.
The JOURNEY SO FAR:
Progress against the five themes of the Framework
A vast array of work has been delivered since the publication of the Framework and
this report highlights the achievements made against the five work themes through
the commitment of key delivery agencies, inspectorates and organisations.
2.1 Prevention
Objectives:
•
•
•
•
Work together to develop and deliver the Early Years Framework, ensuring
the needs of the most vulnerable are addressed.
Building on the work of the Health Inequalities Task Force, seek to ensure
that all children and young people get the help they need to be mentally and
physically healthy.
Expand positive opportunities for young people, for example through the
Curriculum for Excellence, CashBack for Communities and the Government’s
forthcoming Youth Framework.
Develop practice on promoting positive relationships and behaviour in
schools, including dealing with serious indiscipline.
The Framework highlights the importance of providing the right level of support
before problems materialise. The earliest years of life are crucial to a child’s
development, however, evidence suggests that it is in the first years of life that
inequalities in health, housing, education and employment opportunities are passed
from one generation to another. The Early Years Framework developed jointly by
the Scottish Government and COSLA, published in 2009, identified the steps needed
to give children the best start in life, such as building parenting skills and creating
supportive communities. As the focus is on the critical early stages of life then health
services are in a key position. Schools also play an important role in developing
confidence, emotional literacy, emotional resilience and positive behaviour in
children and young people.
Progress
A preventative approach to youth justice has been clearly reflected within
Government policy such as the Early Years Framework, Equally Well, Curriculum for
Excellence, CashBack for Communities and Valuing Young People.
The Early Years Framework sets out ten elements for transformational change, to be
realised over ten years and covers the period pre-birth to age 8. Achievements can
be made in the long term by re-aligning services towards early intervention rather
than crisis management.
Equally Well addresses critical underlying causes of health inequalities such as
poverty and a lack of employment, as well as exposure to physical and social
environments that perpetuate poor health among children, young people and adults
in Scotland. In particular the report highlights the links between poverty and ill
health, including poor mental health, drug and alcohol use.
8
Curriculum for Excellence aims to ensure that all children and young people in
Scotland develop the knowledge, skills and attributes they need to flourish in life,
learning and work, now and in the future.
The prevention agenda has been adopted in the National Youth Justice Practice
Guidance 12 , launched in August 2011, which provides an introduction to youth
justice in a Scottish context for practitioners working with children and young people.
Prevention has also been emphasised more recently through the Spending Review
with the announcement of a significant investment in preventative approaches.
2.1
Early and Effective Intervention
Objectives:
•
•
•
•
Embed the principles and practice of GIRFEC across our agencies.
Ensure that all our systems are more effective in sharing information to
support identification and intervention for young people at risk.
Develop an evidence base around what works in early and effective
intervention.
Identify and disseminate good practice, including supporting local learning
partners to develop knowledge and understanding around applying the
principles and practice of GIRFEC to young people who offend.
An early and effective response will support the child or young person to engage with
services, including universal services such as education and healthcare, to address
identified needs. In this context responses will:
• Relate directly to the behaviour of the young person.
• Take account of the impact on others.
• Support parental and child responsibility.
• Be appropriate, proportionate, timely, fair and fairly applied.
This agenda is closely connected to GIRFEC. It is important that all agencies are
equipped to provide early and effective responses based on an appropriate
assessment of the individual’s circumstances not least so that children and young
people can relate their actions to the impact and consequences and learn from this
experience, and that they work in partnership to decide what action should be taken
in order to reach a positive outcome for the young person.
Progress
Initial work took place to engage with five areas that had either adopted a new
approach or were in the process of developing a new multi-agency collaborative
early and effective intervention approach. In 2008/09 an evaluation was carried out
by Consulted Limited on these five areas: Dundee, Fife, Edinburgh City,
12
http://www.cjsw.ac.uk/cjsw/6039.html?pMenuID=5&pElementID=978
9
Renfrewshire and Glasgow South. An Early and Effective Intervention Evaluation
Report, highlighting the key findings, was published in 2009 13 . At the highest level it
was concluded that the new processes had a positive impact on local delivery of
interventions to young people. Whilst the evaluation did not specifically look at the
outcomes achieved for individual children in the five areas, a number of observations
and assertions from local practitioners were made which evidenced that the
processes have assisted the local delivery of interventions. Both cash and non-cash
efficiency savings have been realised through adopting this approach. The following
are the key aspects of the improved delivery of services:
•
•
•
•
Interventions are being delivered more rapidly for a significant proportion of
young people who are being engaged on offending grounds.
Improved quality of information.
A broader range of interventions are being utilised prior to referral to the
Reporter.
There has been a significant reduction in the number of referrals being made to
the Reporter (this is highlighted further in chapter 3).
Drawing on the evidence gathered through the evaluation, multi-agency early and
effective intervention implementation guidance 14 was produced by the Scottish
Government and key delivery agencies in 2009. This guidance was produced to
assist local teams in Scotland to implement a multi-agency early and effective
intervention process in their area. Throughout 2009 and 2010 this approach was
rolled out nationally and all local authorities in Scotland are now delivering multiagency early and effective intervention in one form or another for under 16s. Since
the publication of the guidance in 2009, Early and Effective has been implemented in
29 Local Authorities.
In line with GIRFEC and the roll out of Early and Effective Intervention across
Scotland, ACPOS published a Flexible Approach to Offending Behaviour by Children
and Young People guidance document for the police 15 . This guidance aims to
improve how the police deal with children and young people, under the age of 18
years so that they receive suitable interventions and support, which is appropriate,
proportionate and timely, to meet their individual needs. Unnecessary use of formal
systems may increase the likelihood of re-offending and so by adopting a flexible
approach the police can consider diverting young people away from statutory
measures, prosecution and custody through a more streamlined and consistent
response that works across all systems and agencies and which also addresses the
needs and concerns of the wider community, providing reassurance, and reducing
the fear of crime.
13
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/young-people/EvaluationReport
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/young-people/EvaluationReport
15
http://www.acpos.police.uk/Documents/Policies/OP_ACPOSFlexibleApproachOffendingBehaviourByChildre
nAndYoungPeoplev.1.0.pdf
14
10
2.2
Managing High Risk
Objectives:
•
•
•
•
Develop integrated processes and services across children and adult
systems.
Increase opportunities for diversion from formal measures targeted at young
people.
Increase opportunities for community alternatives to custodial sentences
designed for young people.
Develop and introduce a range of evidenced based approaches and
programmes to improve reintegration from secure care,
prison and
community based orders back into the community.
The Framework highlights the need to provide high quality and effective support to a
small but significant number of children and young people who present a high risk to
themselves and others and who have complex needs, including those involved in
sexually harmful behaviour, sexual offences and violence.
Progress
The managing high risk agenda has been taken forward through the Young People
Who Offend Project, which falls under the Reducing Re-offending Programme. This
was established following the publication of Protecting Scotland’s Communities: Fair,
Fast and Flexible Justice 16 in December 2008 and aims to reduce offending and reoffending and enhance public safety. The Programme had four strands - Effective
Community Disposals; Pre-Disposal; Community Integration; and Young People
Who Offend. The aims of the programme were to reduce re-offending as well as
Scotland’s prison population.
The Young People Who Offend Project commenced in October 2009 to review the
current systems, processes and practices in place for dealing with the offending
behaviour of 16 and 17 year olds and those presenting a risk of serious harm, with
the aim of reducing the number of young people (aged under 18 years) being dealt
with in the Criminal Justice System and receiving custodial sentences. The project is
underpinned by the GIRFEC principles.
In partnership with stakeholders, work has been undertaken on sharing information;
diversions from prosecution; development of community alternatives; risk
assessment and management; young people in court and re-integration and
transitions. There have been many developments and positive progress made in
these areas:
Information Sharing – In 2010 the Scottish Children’s Reporter’s Administration
(SCRA) and police agreed a system of reporting to ensure the accurate and timely
recording of disposals by SCRA onto the Criminal History System. A facility for
16
http://scotland.gov.uk/Publications/2008/12/16132605/0
11
allowing electronic reporting of police reports to the SCRA was also rolled out
nationally in 2011. Previously these reports were hand delivered by police to SCRA
offices. Work under this agenda also included completion in 2011 of analysis and
process maps of the relevant information flows between and across organisational
boundaries, in order to allow effective information sharing.
Diversion from prosecution – In 2010 the minimum age of prosecution was increased
to 12 through the Criminal Justice and Licensing (Scotland) Act 2010. A practice
toolkit 17 was developed for the Crown Office and Procurator Fiscal Service (COPFS)
and service providers to support an increase in the use of diversion from prosecution
and community alternatives to prosecution including maintaining vulnerable young
people in the Children’s Hearing System. A child specific diversion programme has
been piloted across East, North and South Ayrshire building in robust relationships
with the Procurator Fiscal. Diversions for 16 and 17 year olds have increased from 2
in 2009/10 to 144 in the first 11 months of the pilot.
Community alternatives to secure care and custody – Progress in this area has seen
the publication of guidance in 2011 18 , which supports Local Authorities to provide a
wider range of evidence based effective community alternatives to secure care and
custody for under 18 year olds. An Intensive Fostering service has been developed
in Dumfries and Galloway as a direct alternative to secure care and custody. The
Local Authority are now looking to self-fund this service as they have evidenced that
this is a robust alternative to secure care and custody.
Risk assessment and management – National guidance for risk assessment and
management of young people was included in the Framework for Risk Assessment
and Evaluation (FRAME), which was published in 2011 19 . Further work is currently
underway in relation to research into the number and pathways of under 18 year olds
subject to MAPPA.
Young people in court – Guidance was published in 2011 20 for professionals
involved in the court process, to ensure better engagement and understanding for
under 18 year olds dealt with in the courts.
Under 18s in prison and re-integration and transitions – The Scottish Prison Service,
Secure Care providers and delivery partners have developed an agreement to
improve transitions for under 18 year olds coming into custody, moving within the
prison estate and back out to the community, which ensures improved care planning
and interventions. Re-integration and transitions guidance was published in 2011 21 .
In addition a Whole System Approach to respond to young people under the age of
18 who offend, has been piloted in Aberdeen. This approach holds young people to
account for their behaviour and aims to stop them following the wrong path into a life
of crime. This includes early intervention to divert minor offenders towards positive
activities focusing on under 18s for the first time; sharing intelligence on serious and
17
http://www.scotland.gov.uk/Publications/2011/06/21091534/0
http://www.scotland.gov.uk/Publications/2011/06/21091301/0
19
http://www.scotland.gov.uk/Publications/2011/09/28084932/0
20
http://www.scotland.gov.uk/Publications/2011/09/27155150/0
21
http://www.scotland.gov.uk/Publications/2011/09/28085123/0
18
12
persistent offenders across agencies to identify and challenge behaviour; more
effective risk assessment, ensuring resources are targeted at those at highest risk of
re-offending and greater use of community service to develop skills and encourage
safer communities.
An evaluation 22 carried out in 2011 shows improvements in systems and processes
which has resulted in more effective time-savings for all partners, quicker responses
for children and young people and significant cost savings. The number of young
people committing crimes has also gone down in Aberdeen by almost 16% in
2010/11, compared to 2009/10.
Focus is now on implementing this Whole System Approach across Scotland and the
suite of guidance produced by Scottish Government and key partners supports this.
2.3
Victims and Community Confidence
Objectives:
•
•
•
•
Develop an evidence base on the views of victims and effective interventions
in order to strengthen support to all victims of youth crime.
Continue to work as partners to demonstrate the potential benefits that can be
achieved in certain circumstances by adopting a restorative approach to youth
offending.
Address issues around media perceptions of young people through the
Government’s Youth Framework.
Promote positive messages about young people and support engagement
with
communities,
including
opportunities
for
intergenerational
communication.
The Scottish Government has a clear commitment to working towards a safer and
stronger Scotland. By working with local partners and acknowledging the positive
contributions that children and young people make we can help communities to
come together. As well as focusing on supporting young people involved in
offending behaviour or on the cusp of offending, there is also a need to support
victims of crime. There is strong evidence to show that many young people who
commit crimes have, before hand been victims themselves. Therefore supporting
this group is imperative.
Progress
Much work has been taken forward by the Victims and Community Confidence subgroup, looking at intergenerational work, promoting positive media, restorative
practice and support for young victims in line with the main objectives.
Intergenerational Practice – This practice aims to bring people together in order to
promote greater understanding and respect between generations. From January
22
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/reoffending/whole-system-evaluations
13
2010, four six-month intergenerational pilot projects were funded by the Scottish
Government, Robertson Trust and the Centre for Intergenerational Practice to
explore the impact of and relationships between intergenerational practice, the youth
work approach and community cohesion. The four projects: Inverclyde PODS
(containers), the North Edinburgh Intergenerational Project, Tullibody Families and
Dunoon Common Group Project, aimed at challenging perceptions of the causes of
crimes; improving community confidence; positive outcomes for participants and
identifying challenges and opportunities for intergenerational practice, were then
evaluated 23 .
Findings from the evaluation showed that intergenerational practice has the potential
to challenge perceptions held of young people and of older people. The pilots also
showed an increased sense of community confidence amongst young people; in
addition young people also began to take more pride in their community. When both
younger and older people were brought together to achieve a common purpose, both
age groups saw benefits such as learning new skills, increased confidence and
feeling better able to express their views.
Promoting Positive Media - At a national and local level we need to challenge and
change misrepresentation of young people and offending especially through the
media. In 2009 a media project was carried out focusing on delivering positive
media campaigns on young people. Dumfries and Galloway and Perth and Kinross
participated in the project which aimed to develop a planned, positive media
campaign over six months, to deliver positive media coverage for the multi-agency
approach to reducing offending and in order to build confidence. Both areas
developed action plans and positive media releases were published over the six
months. However, findings suggest that active engagement and involvement of
Local Authority communications departments is key to success 24 .
Restorative Practice - The Scottish Government has seen restorative justice services
as having an important role to play in addressing the harm caused by the behaviour
of a young person. When young people are involved in crime or antisocial behaviour
it is important that they understand the impact they have on others and are given the
opportunity to repair and restore where appropriate. In 2008 two guidance
documents on restorative justice were published by the Scottish Government for
those working with children and young people. In 2008/09 the Scottish Restorative
Justice Consultancy (SRJC) were commissioned by the Scottish Government to
carry out an evaluation into the effectiveness of restorative justice services across
the country. The report included 11 recommendations ranging from process to
provision to outcomes.
In 2010 the Restorative Practice Champions Group was formed to share expertise
and develop best practice in this field. Under this group a mapping exercise was
carried out to determine the level of restorative practice services across Scotland.
This exercise confirmed that the level of service varies across Scotland and that
there is no consistency.
23
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/confidence/bridginggenerationgap
24
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/confidence/communicationspilot
14
Restorative practice has been available as an alternative to prosecution for some
time. It is an important ‘direct measure’ and its use is to be encouraged, particularly
for 16 and 17 year olds in appropriate cases. In 2011, an agreement was reached
between SACRO and the Crown Office and Procurator Fiscal Service about
arrangements for the diversion from prosecution to SACRO restorative justice
services for young people between 16 and 18 years old 25 .
Support for Young Victims - Victim Support Scotland were commissioned to
undertake research into the particular needs to young victims of crime. This
research was carried out in 2011 and a report of the findings with recommendations
was published in September of that year 26 . Following a review of existing research
and literature, two approaches were adopted. First to hold focus group discussions
with a generalised cohort of young people and secondly the completion of a
questionnaire by a sample cohort of young people known to Victim Support Scotland
and youth justice services. Findings indicated that young victims of crime require a
variety of support mechanisms. These should include one-to-one, online and group
support, opportunities for young people to participate in recreational activities,
awareness raising of available support and specialist help for severely traumatised
young victims. Further work is now required with stakeholders in order to consider
how best to roll-out these recommendations across Scotland.
2.4
Planning and Performance Improvement
Objectives:
•
•
•
•
•
Developing a voluntary framework for management information to support
work to tackle offending by young people, populated by national and local
information. This will set out the kind of information that local areas might
want to consider in planning, commissioning and managing services.
Improving the quality and availability of national management information
relevant to this agenda. This includes developing police data on offending by
young people, and strengthening SCRA data.
Supporting the dissemination and analysis of comparative performance
information. This is not about league tables, but helping local areas to identify
their strengths and areas for improvement and access good practice.
Supporting the development and dissemination of the evidence base for work
to tackle offending by young people through the effective use of national
analytical resource, in consultation with stakeholders.
Ensuring that the inspection regime for relevant services reflects the
objectives set out in this framework, while minimising the bureaucratic burden
on agencies, linking to the follow-up to the Crerar Review 27 as appropriate.
25
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/reoffending/toolkit-annexes/crown-andprocfiscal
26
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/confidence/young-victims-report
http://www.scotland.gov.uk/Topics/Government/PublicServiceReform/IndependentReviewofReg/latestnews/TheCrerarReview
27
15
Progress
Following the introduction of Single Outcome Agreements (SOAs) between Scottish
Government and Local Authorities in 2008, there has been a shift in the gathering of
performance information. (SOAs are an agreement between Scottish Government
and Community Planning Partnerships (CPPs) which set out how each area will work
towards improving outcomes for local people in a way that reflects priorities and local
circumstances and which are delivered within the context of the Scottish
Government’s National Outcomes and Purpose.) The development of SOAs has
helped to drive more partnership activity at local level and more consistent use by
partners of robust and meaningful performance information. All partners will
continue to access high-quality management information which tells them about the
efficiency and effectiveness (including cost-effectiveness) of relevant activities.
From 2009, the Scottish Government and partners secured the inclusion of the
following two indicators in the Scottish Police Performance Framework. This will
provide consistent national data on levels of youth offending and re-offending:
•
•
Number of crimes and offences committed by children and young people
(aged 8 to 17 years inclusive) recorded within the period; and
Number of child and young people who offend (aged 8 to 17 years inclusive)
recorded within the period.
Building on this national data a voluntary Planning and Performance Improvement
Framework (PPIF) 28 was developed and published by the Scottish Government and
key partners in 2010. The PPIF provides a mechanism for partners to demonstrate
at a local level the impact of work being undertaken to address offending by young
people, as well as providing a tool that can be used to help manage services and
plan future activity. The PPIF relates back to the themes of the Framework but also
recognises that there are a number of other risk factors associated with children and
young people who become involved in offending.
28
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/improvement/preventingoffending/Q/EditMode/on/ForceUpdate/on
16
3.
IMPACT OF YOUTH JUSTICE POLICY ON CHILDREN AND YOUNG
PEOPLE
Over the past few years we have seen the development of interventions to help
reduce the level and seriousness of offending. The use of a multi-agency approach
to joined up working and more structured models of intervention have helped to
improve the outcomes of many children and young people and have significantly
contributed to the reduction in offending by young people.
The following statistics show reductions in recorded crimes and offences by young
people, reductions in referrals to the reporter, and reductions in the prison population
all of which current policy on youth justice has contributed to, however it should be
noted that these positive statistics are attributable to a number of different factors, for
example improved systems, parenting and education and are not just solely a
consequence of the work which has and is being undertaken on youth justice.
3.1
Key National Statistics
Recorded Crimes and Offences by Children and Young People
Table 1 below shows that the total recorded crimes and offences by children and
young people (8-17 years old inclusive) are down by 18.9% between 2009-10 and
2010-11 and by 27.8% since 2008-09 29 . This includes all crimes whether detected or
undetected.
Table 1
Year
Central
Dumfries
&
Galloway
Fife
Grampian
Lothian
Northern Strathclyde Tayside Scotland
&
Borders
20085,412
09
2,475
5,897 5,785
11,178
4,505
35,519
4,951
75,722
20094,782
10
1,894
4,828 5,126
9,815
4,128
32,757
4,044
67,374
20103,851
11
1,818
3,648 4,623
7,191
3,426
26,628
3,462
54,647
Table 2 below shows that the number of children and young people (8-17 years old
inclusive) who have committed crimes and offences has decreased by 16.7%
between 2009-10 and 2010-11 and by 24.1% since 2008-09. With the largest
decrease being reported by Lothian and Borders Police, where the reduction was
21.5%. This can only be based on those crimes and offences which have been
detected.
29
Scottish Policing Performance Framework Annual Report 2010-11
http://www.scotland.gov.uk/Publications/2011/10/25105642/0
17
Table 2
Year
Central
Dumfries
&
Galloway
Fife
Lothian
&
Northern Strathclyde Tayside Scotland
Borders
Grampian
20082,191
09
847
4,077 4,195
6,378
1,499
32,602
3,450
55,239
20092,022
10
872
3,407 3,894
5,784
1,390
30,045
2,930
50,344
20101,683
11
692
2,847 3,352
4,543
1,312
24,912
2,588
41,929
Offence Referrals to the Children’s Reporter
Offence referrals to the Children’s Reporter are reducing year on year, down by over
50% in the last 4 years and is at its lowest level since 2002/03. 30 This can be
attributed to both the drop in crime levels for this age group nationally and the
introduction of Early and Effective Intervention (under age 16 years) across 29 Local
Authorities in Scotland.
Prison Population
The number of 16 to 21 year olds in the prison estate has decreased for both
remand and direct sentenced prisoners by 14% and 17% respectively over 2010–
11 31 . The following table shows the average daily population of young people in
prison from 2001-02 until 2010-11.
200102
200203
200304
200405
200506
200607
200708
200809
200910
201011
Total Young
offenders
(remand)
262
273
256
261
285
361
355
334
305
262
Total Young
offenders (direct
sentence)
595
569
539
544
607
621
658
657
690
576
Young male
offenders (direct
sentence)
569
548
515
514
583
591
634
633
662
545
Young female
offenders (direct
sentence)
26
20
24
30
24
30
24
25
28
32
30
SCRA official Statistics
Scottish Government – Prison Statistics Scotland 2010-11
http://www.scotland.gov.uk/Publications/2011/08/19154230/5#tableone
31
18
3.2
Benefits of the Whole System Approach
The Whole System Approach piloted in Aberdeen has seen many savings. A
number of these are non-financial and allow resources to be redirected which
enables staff and organisations to work more efficiently.
Alternatives to prosecution
The data provided for the forecast period 2010/2011 indicated a 20% increase in the
diversion rate from prosecution of 16 and 17 year olds reported to the Procurator
Fiscal (i.e. diverted through Fiscal Direct Measures, including diversion from
prosecution and no proceedings). This is a 50% diversion rate compared to 30% for
2009/2010.
Diversion from SCRA
An increased number of referrals are being diverted from the Children’s Reporter.
The data provided for the period 2010/2011 indicates a 34.5% reduction in referrals
to SCRA from the previous year.
Consequently, capacity is created through a:
•
reduction in the number of referrals going to SCRA, resulting in a saving of
administrative and Children’s Reporter time;
•
reduction in police time spent writing reports – fewer police reports to be
written and less disclosure elements, will allow police more time to deliver
front line services; and a
•
reduction in the number of statutory reports which require to be written by
Social Work, Education, Health and other partners.
Non- financial benefits
A range of public sector agencies are working together co-operatively and are taking
responsibility for getting things done. This collaborative approach has resulted in
more effective practice, which allows resources to be redirected to front-line
interventions. Some examples include, improved partnership working, enhanced
information sharing, better engagement with health and education services, and
cultural change.
19
3.3
INTERFACE WITH OTHER WORK
There are a number of initiatives across the Scottish Government which complement
and contribute to the youth justice agenda and work has been carried out
collaboratively, proactively and constructively with internal and external stakeholders
to achieve better outcomes.
4.
Reducing Re-offending Programme (RRP)
Established following the publication of Protecting Scotland’s Communities: Fair,
Fast and Flexible Justice in December 2008, RRP aims to reduce reoffending as
well as Scotland’s prison population. In driving this work forward there is a focus on
effective community disposals; pre-disposal; community integration and custodial
sentence management. The work carried out under the Young People Who Offend
Project also falls under this agenda.
Much positive work has been done under this Programme of activity and
consideration is now being given to a future programme of work.
4.1
Getting it right for every child (GIRFEC)
Published in 2008, the GIRFEC framework highlights the practice model which can
be used by practitioners to achieve better outcomes for children and young people.
Much of the work which is delivered for young people who offend is founded on the
principles of GIRFEC, ensuring that children and young people receive the help they
need, when they need it, through appropriate, proportionate and timely intervention.
4.2
Early Years Framework (EYF) (pre-birth to 8 years old)
It is during our very earliest years and even pre-birth that a large part of the pattern
for our future adult life is set. The early years are, therefore, a key opportunity to
shape a Scotland of the future which is smarter, healthier, safer and stronger,
wealthier and fairer and greener. The Early Years Framework, published in
December 2008 by COSLA and the Scottish Government, sets out the key principles
which underpin all our work in this area, and highlights the importance of all national
and local agencies, the third sector and independent sector working together to
deliver improved outcomes for children.
At the heart of the Early Years Framework is a desire to see investment in early
years focussed on building successes and reducing the cost of failure. This means a
fundamental shift from intervening only when a crisis happens, to prevention and
early intervention. To support this work, an Early Years Taskforce has been
established (November 2011), alongside the Early Years Change Fund, by the
Scottish Government, in partnership with Local Government and the NHS. The
Taskforce will take forward a significant change programme to help deliver the joint
commitment to prioritising the early years of children’s lives and to early intervention.
It will provide the strategic direction and leadership for the early years agenda, and
co-ordinate policy across Government and the wider public sector to ensure that
early years spending is prioritised by the whole public sector.
20
4.3
Curriculum for Excellence
This is the curriculum for 3-18 year olds in Scotland which aims to provide a
seamless package of learning activities, in or out of school, to enable children and
young people to become successful learners, confident individuals, effective
contributors and responsible citizens. Although schools have a central role there is a
need to build strong relationships with other partners to ensure a positive learning
experience is available to all children and young people.
4.4
Community safety including knife crime and CashBack
There are very obvious links with efforts to promote community safety and reduce
crime. The preventative work on violence including No Knives Better Lives and
Medics Against Violence is targeted at young people both in a school and youth work
setting. In addition, the £43 million of the proceeds of crime reinvested throughout
Scotland has engaged with over 600,000 young people through over 30 projects. As
well as the sports based diversion, CashBack supports more targeted interventions
such as the Personal Development Partnership between Princes Trust, Venture
Trust and Venture Scotland which provides up to 2 years of structured support and
a positive destination such as employment, education or volunteering, for young
people at risk of social exclusion.
4.5
Alcohol and Drug Partnerships (ADPs)
A framework for local partnerships on alcohol and drugs implementation was
published by Ministers and CoSLA on 20 April 2009. The framework confirmed the
creation of 30 new dedicated partnerships; Alcohol and Drugs Partnerships (ADPs)
from 1 October 2009, who are anchored in Community Planning Partnerships. The
framework encourages local partners to have a strong focus on strategic decision
making and delivering outcomes.
ADPs have responsibility for developing local strategies for tackling excessive
alcohol consumption and drugs use based on an assessment of local needs
(including the needs of young people and offenders); an evidence based process for
agreeing how funds should be deployed; and a clear focus on the outcomes that the
investment will deliver.
ADPs also have a key role in the planning and commissioning of services that
support people's recovery and contribute to the delivery of relevant HEAT Targets
(Alcohol Brief Interventions and drug and alcohol treatment waiting times).
In March 2011 the Scottish Government launched a set of seven core ADP
outcomes 32 and are due to augment these (by April 2012) with a set of core
indicators which will assist ADPs and specialist treatment and support agencies in
measuring progress towards a range of outcomes relating to health, prevalence,
recovery, community safety, local environment, services and CAPSM (children and
families affected by problem substance misuse).
32
http://www.scotland.gov.uk/Topics/Health/health/Alcohol/resources/ADPCoreOutcomes
21
4.6
Alcohol and Offenders Criminal Justice Research Programme
The relationship between alcohol and crime, in particular violent crime, is
increasingly being recognised. Half of Scottish prisoners report being drunk at the
time of their offence, more so for young offenders (77%). There has been a rise in
the proportion of young offenders who consider that alcohol has contributed to their
offending, from 48% in 1979, to 58% in 1996 and 80% in 2007. Offenders are three
times more likely to have an alcohol problem (45%) when compared to the general
Scottish male population (15%) with higher rates for women offenders.
The Alcohol and Offenders Criminal Justice Research Programme (2009-2011) is a
portfolio of three studies led by NHS Health Scotland on behalf of the Scottish
Government. It was established to deliver on a key commitment within the national
alcohol framework, Changing Scotland’s Relationship with Alcohol (2009), to better
understand the extent and nature of alcohol problems in offenders, identify effective
interventions, map existing practice and promote integrated care through partnership
working.
4.7
Health
We know that children and young people with conduct disorders and behavioural
problems are more likely to end up in the justice system. The Early Years Task
Force is taking forward work on conduct disorders where there is an evidence base
and clear, well established interventions (which are not yet generally available in
Scotland). Links have been made with this work to ensure that the needs of young
people who come into contact with the criminal justice system are being met.
4.8
Family work and parenting
Supporting parents and families to respond more constructively to young people, to
use discipline less severely and more consistently and to manage conflict more
effectively is regarded as being vital to improving outcomes. We know that parenting
skills can be learnt and evidence-based interventions such as Triple P and Incredible
Years work. Links have been made with colleagues and stakeholders to ensure that
well-structured family work is available to help prevent or reverse negative
behaviours among troubled young people.
22
5.
THE NEXT STAGE OF THE JOURNEY: FUTURE PRIORITIES FOR
ACTION
The past three years have centred around key partners working together to deliver
improvements on the ground for children and young people. The work driven
forward under the Framework has laid the foundation for future support. Although a
future programme of activity comes at a time of increasing uncertainty for many
stakeholders, there is a strong commitment by partners to continue with a
programme of work which provides better outcomes for children and young people.
As highlighted in chapter 3 the current approaches being used in relation to youth
justice are delivering some encouraging trends.
However, despite these
encouraging trends it is important to further consider the impact on outcomes. The
Scottish Government will collaborate with delivery partners to evaluate and
determine the impact being made in the future.
5.1
Priorities
Whole System Approach (WSA) - The Scottish Government has prioritised work that
supports partners to take forward the development of the Whole System Approach. Aberdeen
were initially provided with £1.2m from the Scottish Government to develop this approach as
a pilot. The WSA aims to achieve positive outcomes for some of our most vulnerable young
people, ensuring that streamlined and consistent planning, assessment and decision making
processes are in place for young people who offend and ensuring they receive the right help
at the right time. The ethos of the WSA suggests that many young people could and should
be diverted from statutory measures, prosecution and custody through early intervention and
robust community alternatives. As shown in section 3.2 of this report, Aberdeen have seen a
number of benefits through adopting this approach.
With these benefits in mind, there is a commitment to support other areas across Scotland to
develop and implement the Whole System Approach. Initial discussions have taken place
with all 32 local authorities and a number of these areas have already signed up to develop
this approach. Work will continue throughout 2011/12 to support all areas across Scotland to
achieve this.
Victims and Community Confidence - Much of the focus of future work must be on
supporting young people who offend or who are on the cusp of offending, yet there is
also a need to improve community confidence and support for young victims of
crime. With support from families and the wider community, opportunities for
children and young people to make positive changes increases. By developing
positive relationships within communities, children and young people can feel a
sense of belonging. One of the biggest challenges is meeting the needs of the victim
and the person responsible together with promoting community confidence.
Legislative proposals such as the Victims Bill support the Scottish Government’s
commitment to providing a safer Scotland, whereby everyone feels safe in their own
communities.
The research carried out by Victim Support Scotland into the support required for
young victims shows that there is not a one size fits all approach and a number of
23
different support mechanisms need to be in place. This is an important area of work
for the future.
Reintegration and Transitions – providing support to those reintegrating back into
the community and more generally to aid smooth transitions from childhood to
adulthood is an important priority. Supporting reintegration from secure care and
custody will be significantly more cost effective for Local Authorities in the longer
term than if no support is offered. If young people do not successfully reintegrate
within society and continue to offend their chance of returning to secure care or
custody will be more likely, resulting in higher costs.
Guidance 33 published under the Young People Who Offend Project sets out to
provide Local Authorities, Community Planning Partners, the Scottish Prison Service
and the secure estate with a minimum standard to achieve with young people
involved in offending throughout periods of transitions and to reintegrate them back
into their communities if they have been removed. Young people within justice
systems suffer multiple disadvantages that need to be addressed to ensure that they
can become part of society and lead law abiding lives. All agencies and services
need to work together to support young people as they make the various transitions
throughout their lives and to reintegrate them back into their local communities.
To achieve this Local Authorities and Community Planning Partners need to be
committed to the young person; planning for their return the day they leave their
community, involving all partners in a co-ordinated way, appointing a Lead
Professional to maintain and up-date their GIRFEC single plan by meeting their
needs and addressing risks. By achieving this, young people's risk of being involved
in future offending will be significantly reduced and their chance of being law abiding
citizens who contribute to, and are part of, society greatly increased.
Extension of EEI to 16 and 17 year olds - The successful roll out of EEI for under
16 year olds took place under the initial phase of work carried out under the EEI
work stream of the Framework. Following its success, in partnership with Crown
Office and ACPOS we will support the extension of EEI to 16 and 17 year olds.
Other priorities are as follows:
Young Women - The youth justice agenda will also focus on support for young
women. It is recognised that what works for young men is not the same for young
women. For example young women are likely to require long term support compared
to young men. Work should be taken forward in 2012 to look at this agenda, taking
into account relevant recommendations from the Commission on Women Offenders
due to report by the end of March 2012.
Employment - Stronger links will be made to the work being taken forward by the
Scottish Government and other agencies and organisations regarding the provision
of appropriate opportunities and support for young people.
33
http://www.scotland.gov.uk/Publications/2011/09/28085123/0
24
Sexual Offences/Sexually Harmful Behaviour - The Young People Who Offend
Project developed specific guidance 34 for young people using the standards set out
in the Framework for Risk Assessment Management and Evaluation (FRAME).
Although there is a national approach supported by the Scottish Government it is not
accredited and so further work is required.
.
5.2
Next Steps
As with the initial programme of work under the Preventing Offending by Young
People Framework, any future activity will be delivered jointly by key partners.
The Scottish Government and key partners will develop a clear programme of
delivery for 2012 and beyond considering the above priorities.
Governance structures will also remain to ensure the Framework is driven forward
with consistency and accountability.
34
The Young People Who Offend Project developed specific guidance for young people using the
standards set out in the Framework for Risk Assessment Management and Evaluation (FRAME).
25