Learning and Innovation Workshop
Families in the Criminal Justice System: Walking the Talk
Newbattle Abbey College, Dalkeith, Midlothian
21 May 2015, 10am-1pm
This Workshop focused on families affected by the criminal justice system, a priority for Lothian and
Borders CJA. The workshop marked the formal launch of the CJA’s Framework for the support of
families affected by the Criminal Justice System, which has been in development for 18 months.
The workshop was chaired by Giuseppe Maglione, Lecturer in Criminology at Edinburgh Napier
University, who introduced the speakers: Professor Nancy Loucks, academic and chief executive of
Families Outside; Adelle Gardiner, independent researcher on young people; and Nick Hopkin,
manager at HMP Addiewell.
Why are we so interested in families affected by imprisonment?
The first speaker was Professor Nancy Loucks, who as well as being chief executive of Families
Outside (the Scottish third sector organisation that works with families affected by imprisonment), is
also a member of the Scottish Government Early Years Task Force, the Scottish Prison Service
Women in Custody group and Visiting Professor at the Centre for Law, Crime and Justice, University
of Strathclyde.
Nancy spoke today in her capacity as Chair of LBCJA’s Family Outcomes Group, the only one of the
CJA’s groups to survive from its earliest days. The Family Outcomes Group was a strategic level
practitioners’ group which fostered discussion on how families are supported within the system. It
had links into other parts of the system such as criminal justice social work reports, local authority
need assessments and Getting it Right for Every Child (GIRFEC).
Nancy spoke about why there should be
a family focus in the CJA framework and
the importance of families in reducing
reoffending. People who maintain
family contact while in custody are up
to six times less likely to reoffend on
release; family contact can bring
“practical connections” like places to
stay as well as general social and
psychological support. Although some
family relationships can be difficult or
problematic, it is overall worth engaging
with them, in relation to custody as well
as community penalties. As Nancy’s
diagram shows, there are a range of
The ‘nanopus’ diagram (Nancy Loucks/Families Outside)
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criminal justice impacts on families, “all of which are dealt with in their own separate bubbles”, but
in the Framework model the CJA aims to ‘encircle’ these and provide a coordinated response
through the Framework.
Rather than making assumptions about people simply knowing what to do, the Framework aims to
trigger a more responsive process by highlighting what each organisation could be doing at each
stage. It was developed from a CJA consultation event a year and a half ago, which included inputs
from the Judicial Institute and the police among others. The Workshop today will consider the detail
of the Framework. Ultimately the hope is for the Framework to be implemented more widely,
beyond Lothian and Borders CJA, particularly as the community justice transition takes effect. The
introduction complete, Giuseppe introduced the next speaker.
Introduction to the Framework
Adelle Gardiner is an independent researcher on children and young people who began her career
in the Office of the Inspector of Custodial Services (Western Australia), and holds an MSc in
Criminology and Criminal Justice from the University of Edinburgh. Adelle has been involved in the
Framework since its inception, and gave an overview of its features, development and possible
usage.
At the start of its development the Framework was strongly influenced by a number of other
documents, particularly Reducing Reoffending: Supporting Families, Creating Better Futures (2009) a
joint project between the Department for Children, Schools and Families and the Ministry of Justice,
which set out what different agencies could do and how they could cooperate. It was this approach
which the LBCJA Family Outcomes Group sought to emulate.
Other documents considered in the development of the Framework included Not Seen, Not Heard,
Not Guilty: The Rights and Status of the Children of Prisoners in Scotland, a 2008 report by Scotland’s
Commissioner for Children and Young People, and work by the Quaker United Nations Office that
made recommendations around the UN Convention on the Rights of the Child.
An iterative consultation process was used to develop the Framework further, and in 2013 a draft
was launched for public consultation. Feedback came from a range of agencies, including the
judiciary (see page 6 of the Framework for a full list). There was also a focus group in which people
with family members involved in the criminal justice system could discuss their issues and concerns,
and this was also very important in developing the Framework.
Despite frequent references to imprisonment, the Framework is intended to apply to people in all
parts of criminal justice, and at all stages of the process from arrest to post-release. It also defines
‘family’ very broadly to include close friends as well (see page 7 of the Framework), recognising that
the people most affected and most in need of support will vary on a case-by-case basis.
The Framework sets out an ideal standard of support – 11 broad outcomes with recommendations
and suggestions for what agencies can do to achieve these (although much of this work is already
being done). Some of these are “intentionally aspirational” – unlikely to be achieved in the short
term but still worth bearing in mind as long-term goals.
“Ultimately, how you use
the framework is going to
be up to you.”
For ease of use, the Framework includes colour-coded tables
of outcomes and suggestions; a ‘supporting document’ is also
being developed to assist partners in using the Framework. It
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can be used in a range of ways – for service improvement, training, or for everyday practice.
Crucially, it’s intended not to be prescriptive but to recognise differences in support needs,
situations and the capacity of the agencies involved to contribute. Organisations are encouraged to
read through the recommendations and work out whether and how to contribute, with a view to
“weaving” the Framework into everyday practice – one aim of this Workshop was for participants to
discuss how it can work within their own organisations.
Before handing over to the next speaker, Giuseppe reflected that a distinctive aspect of the
Framework is its focus not just on supporting families but on impacting reoffending through families.
How the Framework is Being Used: A Case Study from Prison
Nick Hopkin began his career in HM Prison Service in 1990s and has worked in a range of YOIs and
prisons, becoming a manager in 1996 and joining Sodexo Justice Services at HMP Addiewell in 2006,
where he now manages a working group within the prison concerned with families and criminal
justice.
Nick said the team at Addiewell found the Framework very comprehensive and, after some
consideration, decided to use it as a benchmark document to test many aspects of performance (see
graphic below). The process involved bringing a wide variety of people across and outside the prison,
with Families Outside running a focus group which included representatives of the Wise Group,
managers from a local academy and managers from the visiting areas of the prison. This group
looked at the gaps in their current analysis and into how Sodexo Justice Services, and HMP Addiewell
specifically, could improve delivery for families.
Nick went on to explain the process of
using the document itself. This began by
‘stripping out’ the custodial elements of
the Framework to create a ‘working
document’ specific to HMP Addiewell
(still around 15-20 pages). Nick then set
up a meeting with managers from ICM,
Residential, Operations and Training
divisions, as well as Families Outside.
The meeting began with discussion
about the Framework and responsibility
for benchmarking different areas, and
then passed out work to different
departments. These departments then
began returning comments which were
embedded in the working document,
turning it from a simple list into a more
comprehensive audit tool. Two months
later, the team had arrived at a good
picture of the prison’s performance and
achievement across a range of
indicators.
OBJECTIVES:
1. To benchmark what we were doing as an
establishment currently.
2. To establish a team from a cross section of
departments.
3. Establish gaps in our current practices.
4. To enhance our delivery of services to families.
(Nick Hopkin/Sodexo Justice Services)
The “living local document” was
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accompanied by a spreadsheet-based ‘action tracker’ which benchmarked not just what was being
achieved, but also whether or not this was evidenced. The tracker, which Nick displayed for the
Workshop participants, includes page/section references to the Framework, current task “owners”
within the prison team and updates on progress. A ‘traffic light’ colour code system is used to
denote aspects that were being achieved and evidenced (green), almost achieved and evidenced
(yellow), or not yet achieved or evidenced (red). This embedded an onus on being able to deliver in a
way that was well-evidenced, such as through impact assessments. Green-coded elements were
taken out, focusing attention on where delivery could be improved.
“By breaking it down it
made the document really
manageable.”
HMP Addiewell now holds monthly meetings to discuss
parts of the Framework, and this will be revisited if and
when it is rolled out nationally. The adaptability of the
Framework means different organisations can set different
timeframes and targets for different areas of it.
Round Table Discussions
Giuseppe passed back to Nancy, who introduced four simultaneous round-table discussions each
focused on a different aspect of the justice process. Members of the Family Outcomes Group were
facilitating and scribing at each table, while participants were encouraged to move around in order
to maximise the diversity of organisations at each table. Participants were also given postcards to
send to themselves with thoughts for their future practice. Feedback was noted by designated
scribes and has been passed on to Lothian and Borders CJA.
The round-table talks were followed by a brief plenary discussion led by Fiona Allan, Helpline
Manager, Support & Development Manager and Regional Coordinator (Lanarkshire/Lothian and
Borders) for Families Outside, who also contributes to the Family Outcomes Group and the families
agenda at HMP Edinburgh and HMP Shotts. In this plenary, each table explained two or three key
points from their discussion to do with recommendations or comments around the use of the
framework:
Table 4: Non-Custodial Measures
Facilitator: Dot Fraser, Social Work Manager, HMP Edinburgh
-
-
-
A number of measures which had been characterised in the Framework as non-custodial
measures – such as voluntary throughcare, resettlement and reintegration and preparing
families for release – were actually custodial, or concerned with the period after custody.
In order for training to be effective, the Framework might need to be more specific about
which staff members it’s referring to.
It’s necessary to bear in mind issues around data protection for offenders. It’s relatively
easy for an offender to hide a non-custodial sentence from their family, and prisoners also
have the right not to tell their families everything. In using the Framework we should
avoid revealing more information than necessary as this is likely to be upsetting for
families.
It’s encouraging that the Framework brings in Child Protection in its emphasis on
interagency working, but there’s not much consideration of adult protection.
Conceptualising people as carers is good, and users should bear in mind practical issues
around family functioning, such as the cost of childcare.
The Criminal Justice Social Work report template doesn’t currently contain an assessment
of the impact on families, and this should perhaps be changed.
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Table 2: Court and Sentencing
Facilitator: Sabina MacDonald, NHS Lothian
-
The Framework is really useful but there could perhaps be a couple of tweaks.
“Significant family” could perhaps have a clearer definition developed.
The title could be tweaked to be more about recognising families as potential assets
rather than just as something that is “affected by the Criminal Justice System”.
It might be useful to focus the Framework more – it might perhaps be most profitable to
focus it on offenders on short-term prison sentences.
There isn’t always enough of a crossover between family support and offender support
organisations, and the Framework can be used to address this.
Table 3: Custodial Measures
Facilitator: Pete White, Positive Prisons Positive Future
-
-
The opportunity for a national roll-out should be “followed with great vigour” to develop
a consistency of approach to these issues across Scotland. This would be really valuable
because offenders are often transferred between prisons.
A national roll-out would also make it possible to integrate the Framework with the new
independent monitoring system for prisons.
The Framework should be passed on to the Scottish Government as soon as possible – it’s
essential to integrate it into the transition to the new community justice framework.
Starting with a focus on short-term prisoners is a good idea, as it “saves them doing life
sentences by instalment”.
The Framework is a “living document” and as such should be kept online and regularly
updated with the possibility of online-based feedback.
It’s possible that some people in SPS will see the Framework as adding to their workload –
it may be necessary to remind them that the Framework could be useful for the new
Throughcare Support Officers.
Table 1: Arrest and Charge and All Stages
Facilitator: Adelle Gardiner, Framework researcher
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-
-
Given the new responsibilities of Community Planning Partnerships (CPPs) under the new
community justice system, they will likely be vitally important in carrying out the aims of
the Framework, and as such should be included “much more obviously” within the
document itself. CPPs were key to all of this group’s discussion.
Although there may be some issues around getting Police Scotland engaged with the
Framework, including in terms of the dynamic of arrests, integrating it within the CPP
framework should help to address gaps like this.
Local authority information sharing protocol agreements should be considered when
developing the Framework – again making stronger links with CPPs should help with this.
By integrating the Framework with the CPP model, it should be possible to make it a
“living part” of supporting families through the community justice transition.
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Concluding Remarks
Fiona Young, Chief Officer of LBCJA, made some final remarks around taking off the Lothian and
Borders “stamp” to make the Framework more widely applicable, with a view to national
developments. Fiona also talked briefly about the need to ensure colleagues in CJAs and Criminal
Justice Boards are aware of their responsibilities and expectations, and to talk to colleagues in other
regions and discuss the work with the project lead on the National Strategy. Fiona suggested to
Nancy that the two of them should report back to the CJA Board in August about progress with the
Framework. Finally, Fiona thanked the group for all their work, and the participants for their help in
implementing and improving the Framework.
The next Learning and Innovation Workshop will take place on 20 August 2015.
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