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The Importance of a Good Question

As part of our Talking Justice blog series, Lynne Thornhill, Community Justice Co-ordinator in Stirling, reflects on the challenges in our justice system – and how she’s actively driving improvements to make a difference at a local level.

The Justice System is undoubtedly complex.  The community justice workforce is a wide collection of organisations who provide lots of different services across Scotland. The interdependencies across the justice system are vast, but not always recognised or indeed used to best advantage. There is also much diversity amongst justice populations – adding another layer of complexity in terms of our individual and collective responses.

Despite the complexities, it is essential to hold on to the fact that amongst those wide range of services and organisations, there is clear alignment of the ultimate outcome we are all seeking to achieve: an individual has the tools and support to fulfil their potential.

Surely then, we have a collective responsibility to ensure that every point of contact counts as an opportunity towards ensuring this. We can only do that if we identify their needs, actively listen, and understand their life experiences.

Asking the right questions

The importance of a robust evidence base to inform our collective understanding cannot be underestimated.  The local Community Justice Partnership in Stirling is embarking upon an exciting new research project that will support peer-led researchers to engage with people in the justice system.

The aim is to listen to people with lived experience and start to understand some of the underlying causes of certain behaviours and whether our local services are person-centred and inclusive

These findings will be triangulated with local data analysis, local service mapping and a community justice workforce consultation.  The success and value of this evidence gathering will depend on asking the right questions, and of course, as a Partnership, how we act on the answers.

What happens when you ask the right question

The right questions allow you to drive improvement at every opportunity.  At the end of last year, we asked the question ‘are we assured that all individuals who are entitled to support after serving a short-term sentence are aware of this?’ That simple question led to the development of a stakeholder group with wide representation from statutory services and the third sector with a role or vested interest in supporting successful transitions. A collective vision for delivery was identified and laid over the current process to identify areas of focus and next steps. The result – Stirling Transitions and Re-integration Support (STARS) – a co-ordinated multi-agency approach to supporting the needs of individuals transitioning from custody to community. So, the answer to that questions now is yes we are collectively assured and working together to continually improve the quality of that support offer.

It is so much easier to ask the right question when you feel knowledgeable and empowered to do so. Fostering that continuous improvement culture and identifying collective action as a partnership undoubtedly requires professional curiosity, candid conversations, the parking of preciousness, transparency and trust. But your reward….the innovation and change that comes from this high support, high challenge.

Are you empowered to ask the right questions? 

Our Talking Justice blog series brings together reflections from across our society. We are committed to changing the conversation about justice, increasing understanding and support for what will make Scotland better for all of us. To that end, we have have created a resource that maps out the Scottish justice system. This has been developed into an interactive digital tool: Navigating Scotland’s Justice System.

Innovation or stagnation? The challenges in our justice system

As part of our Talking Justice blog series, James Maybee – Principal Officer (Criminal Justice), The Highland Council – discusses adaptability, resilience and David Bowie. 

Reflecting on the challenges in our justice system my first thought was about our readiness as a criminal justice system to change. This seems to me to be the first step crucial step in the process.

I found myself singing “Ch… ch… ch… Changes…”, David Bowie’s song! But that is probably more about artistic change. As synchronicity would have it, I came across two quotes that have more resonance in the context of change at this particular moment in time, faced as we are by a coronavirus which has literally upended our world in a way none of us could ever have imagined.

Jalāl ad-Dīn Muhammad Rūmī, or plain Rumi, a 13th century Persian poet, faqih, Islamic scholar, theologian, and Sufi mystic (I had to look him up) wrote

“Yesterday I was clever, so I wanted to change the world. Today I am wise, so I am changing myself.”

The other quote is probably more well know and was written by the late James Baldwin, a celebrated American writer and activist. He said,

“Not everything that is faced can be changed but nothing can be changed until it is faced.”

In the headlong rush to reinvent the criminal justice system and avoid returning to business as usual, we would do well to consider the wise words of Rumi and James Baldwin.

That the criminal justice system is complex and multi-faceted is a given, but the map of the Scottish Justice System developed by Community Justice Scotland (CJS) is an eye-opener. Even as a seasoned justice professional, I was struck by how overwhelming it is.

How easy to get lost in such a maze; a veritable game of snakes and ladders where too often progress is based on chance with hopes often crushed on a roll of the justice dice.

If we truly wish to change the system for the better, I suggest we need to change ourselves and, by inference, our own part of the system first and foremost. We are not short of ideas – the recent Justice System Recovery paper from CJS is stuffed full of them. But are we collectively ready and willing to cede power, control and the hard-fought victories in our own respective parts of the system to focus on what might be best for the individuals entering the truly terrifying journey mapped out in Navigating the Criminal Justice System?

Niccolo Machiavelli, an Italian renaissance diplomat, may have something of a mixed reputation, but he was surely right when he wrote in 1513, “It must be considered that there is nothing more difficult to carry out… than to initiate a new order of things. For the reformer has enemies in all those who profit by the old order, and only lukewarm defenders in all those who would profit by the new order, this lukewarmness arising partly from fear of their adversaries, who have the laws in their favour.”

Our Talking Justice blog series brings together reflections from across our society. We are committed to changing the conversation about justice, increasing understanding and support for what will make Scotland better for all of us. To that end, we have have created a resource that maps out the Scottish justice system. This has been developed into an interactive digital tool: Navigating Scotland’s Justice System.

Joined-Up Service, Joined Up Mind; The Psychological Importance of Integration in the Criminal Justice System

“In…an environment that holds the baby well enough, the baby is able to make personal development. The result is a continuity of existence that becomes a sense of existing, a sense of self, and eventually results in autonomy.”  D.W.Winnicott (1963)

We all begin our lives inside, joined up to a life giving mother. When we are born, all of this changes, and we suddenly find ourselves disconnected in a world we have little knowledge of, or control over. Donald Winnicott (1896 – 1971) was a psychoanalyst deeply concerned with the business of how we transition from this newborn state of dis-integration and total dependency, to one of relative integration and autonomy. What he, like many thinkers, theoreticians and clinicians after him is proposing, is that our sense of security, confidence and knowledge of self are intimately tied up with our developmental experiences. We can become joined-up again, through the consistent, containing experiences of some of our earliest relationships.

Connected to the concept of joined-upness is what Winnicott called the anti-social tendency. Something which he felt could develop in anyone for whom the developmental environment was significantly disturbed, ruptured or in some other way inadequate for the psychological needs of the individual. Anti-social, or criminal behaviour, was a cry for help he felt. Fuelled by a fundamental loss of integrity, and was an attempt to find that integrity, and with it a sense of security that was lacking or absent in the family or broader society.

Whatever the mechanism is, it is clear from a survey of recent literature on early childhood adversity that those with high levels of early life mistreatment are significantly over-represented in prison populations. Perhaps for many the journey into the criminal justice system is an attempt to become more integrated in mind. For many, prison itself can provide this integration through the psychological containment and security it provides by default, and may even lead some to unconsciously seek repeated returns to the containment and safety felt while incarcerated.

Contrast this with the configuration of services outside of the secure estate that can be so disintegrated as to feel both unmanageable and familiarly disturbing to those seeking integration…

Housing: Turn up at the blue building, but only between this time and this time.

The Mental Health Service: Green building, second on the left, take your place at the back of the queue and we will get to you when we can.

Substance Misuse Service: Red building, down the road, turn right, and then first on your left, down some stairs and you’re there. Remember to bring a drug diary.

Social work: Yellow building. But you might need a referral from someone else before we can give you directions.

Education: I think it’s that big brown building on the edge of town. Yes, the one with financial and administrative hurdles all around it.

It’s a multi-coloured swap-shop out there.

For those who have been fortunate enough to have had integrated, connected and containing experiences in their early years, then the negotiation of a fragmented and non-communicating set of care and support services may be relatively straightforward, but of course it is far less common that such an individual would ever find themselves needing to.

Joined-up services may well turn out to be more economic, more theoretically coherent, and more effective, but most importantly they may provide some of the coherency, continuity and connection needed by us all, and particularly those who so often have had an absence of it in their early lives. When working in the areas of trauma, neglect and adversity, services are always at risk of reflecting the complicated and disconnected interpersonal histories of the clients they are typically in relation to, and in doing so may even come to exacerbate the very difficulties they aim to relieve.

But by focusing on joining up this outside world, and by creating a common care and prevention service, we may help over time to develop a joined-up world inside the minds of those within the criminal justice system who have so often suffered the psychological consequences of disintegration. We may even, as Winnicott describes, come to facilitate a continuity of existence.

Dr. Adam Burley, Consultant Clinical Psychologist and Community Justice Scotland Board member

Our Talking Justice blog series brings together reflections from across our society. We are committed to changing the conversation about justice, increasing understanding and support for what will make Scotland better for all of us. To that end, we have have created a resource that maps out the Scottish justice system. This has been developed into an interactive digital tool: Navigating Scotland’s Justice System.

In Search of Smart Justice

As part of our Talking Justice blog series, Iain Smith, Partner at Keegan Smith Defence Lawyers, calls for a smarter justice system. 

The majority of Defence Lawyers enter the job wanting to help people, and I’m no exception to that. But, I’ll be honest with you. There’s been moments in my career where I’ve become jaded. I’ve thought everyone is “at it” and I’ve experienced flashes of resentment, especially when clients want to speak to you at 3am!

However, over the past two years or so, I’ve had something of an epiphany with my job. My first thought now isn’t processes or systems, it’s people. Yes, people (not “punters”) and what makes some people tick – or more than likely what stops them ticking.

Let me rewind. I stumbled across the science of Adverse Childhood Experiences (ACEs) back in 2018. I didn’t know anything about ACEs, or childhood trauma, at the time. But, the more I started to research it, the more things started to click. A client, who seemingly “enjoyed” heroin and alcohol, didn’t enjoy it at all. It was an action to suppress pain and trauma. Others are constantly angry and unable to self-regulate. They will tell you to “F*** off” when they really want you to listen and care.

Trauma does not touch every case, nor may it be relevant, but where it prevails it is the single biggest contributor to offending behaviours. I implore the judge, the practitioners providing support, the public, our communities, you –  to look upon the person as a person, not a criminal. The crime is what they have committed rather than who they are.

So with that in mind, take a second and think about, Brendon. Abused as a child, his ribs broken at 8 months old. He was alone, in and out of Care and disengaged for most his childhood. At 13, he was given heroin by his mum. Years later, upon entering the criminal justice system, he faced more adverse experiences.

What I saw was pure helplessness in a person who had been born a ‘write off’.

After breaching his Community Payback Order, Brendon was back in court in front of the judge. Although she appeared annoyed at Brendon’s “failure” she understood his efforts to improve his life with help from Aid & Abet, the Rock Trust and other services.

He was given only a snippet of praise by the judge, wide-eyed & hopeful at the door of court, he said: “no one has ever spoken to me like that!”

Being trauma-informed is brave. It requires a leap of faith from everyone involved. The wide range of services, such as courts, police, and social work, that work across different stages of the Scottish justice system. As well as many others across health, housing, employability and education, which may interlink with the system. It’s vital we all work together in different ways and at various stages of the justice process to tackle the underlying causes of crime by offering treatment, rehabilitation, training and support. This is smart justice.

A judge asked me how many chances someone should get, my reply – as many as it takes to fix, heal and restore a person. There is room to punish, but if that is your main goal you’ll never repair or reform a broken individual.

I believe in people and I make no apologies for how naff that may sound! You can’t see what I see every day and not be moved. I see trauma and scars close up. I can give people a voice in court and I can signpost resources.

I can’t fix them, but – just like you – I can care.

Our Talking Justice blog series brings together reflections from across our society. We are committed to changing the conversation about justice, increasing understanding and support for what will make Scotland better for all of us. To that end, we have created a resource that maps out the Scottish justice system. This has been developed into an interactive digital tool: Navigating Scotland’s Justice System.

“You’re still a human being. Even in the moment when you’ve done something wrong”

As part of our Talking Justice blog series, Connor shares his candid reflections on his journey navigating Scotland’s justice system.  

The starting point 

A couple of years ago, I had my first case in court. With drinking, bad environments and bad mental and physical understanding of myself, I was in one big downward spiral. I received a Community Payback Order, with 12 months supervision along with unpaid work.

I found the court process challenging. When I was speaking to the lawyers – or even just in the court room – it was very hard to understand which part of my case they were going on about. They’d jump back and forth. Almost as if they were trying to trip me up, so I’d make a mistake.

It felt like every figure of authority was putting words in my mouth rather than trying to let me find my own

If everyone actually understood that people sometimes go down a few minutes in the wrong direction. If that could just be caught in the moment with the right sort of connection from somebody trying to help. I think it would honestly save so much police time. And, save so many young men and women from entering the system.

It’s more efficient. It wouldn’t be like an ongoing warzone with a person having to fight themselves with what’s going on in their mind, and fight the people who are trying to help them. It’s a hard thing to do. There’s no college course or training. Nothing any human being can actually do to truly understand another human being and why they do something that they’ve done.

But, just having that recollection. A reminder ‘I’m still a human being!’ Even in that moment when you’ve done something wrong. I think this is so important. Society needs to understand this a lot more.

The turning point 

I had a supervision worker as part of my community payback order. To start with, I found it very hard to accept a lot of the support coming from them. I felt constantly under pressure. Like, I was being asked to be someone I wasn’t ready to be, or capable of being, at that time. But over time, I just realised I needed to stop looking for excuses and people to blame, and start accepting that I’m just going to take it on the chin and keep walking on.

The system has benefitted me a lot. I have to give it its dues. Even though there were a lot of mental challenges and a lot of mental scars from it. It has opened up a lot of opportunities to me that I wouldn’t have been able to access or even been capable of approaching, if I hadn’t actually been through the system and been forced to do these things.

My future 

Now, I live in the moment and I take each day as it comes. I just want to be enjoying life for what it is. I’ve got college starting up this month. I’m moving on to doing a Gateway to Trade Skills course to hopefully pick up a trade and work in my own business in the future. I also recently came into a new relationship. This is probably the most important thing which actually helped me to transform my life. Now I have responsibility for someone else’s feelings, and not just my own anymore.

I now have a wee baby boy. I just hope that he has a lot more opportunities than I did to get out and see a lot more of the world.

Writing this, I’m hoping this is enough to do something. Being able to somehow make a difference for the future folk going through the system, that’s always been an ambition of mine because of how difficult I found it.

Being able to say I’m one step closer to achieving that would be phenomenal.

Our Talking Justice blog series brings together reflections from across our society. We are committed to changing the conversation about justice, increasing understanding and support for what will make Scotland better for all of us. To that end, we have have created a resource that maps out the Scottish justice system. This has been developed into an interactive digital tool: Navigating Scotland’s Justice System.

The Justice Puzzle: Mapping the System

As part of our Talking Justice blog series, Samantha Reekie, Improvement Lead at Community Justice Scotland, discusses taking on one of her most challenging projects to date: Navigating Scotland’s Justice System

My role, here at Community Justice Scotland (CJS), is about driving change by identifying improvements and challenges in our justice system.

A question I always get asked is: how do we achieve better outcomes for people who experience our justice system? Complex, yes! Long-term, yes! Doable, absolutely.

So, in my first ever CJS blog I’m going to explore: the justice puzzle. Stick with me, and I’ll explain.

The first piece of the puzzle 

Our starting point, is understanding the system. We need to know how it works and the processes within it that are the foundation on which we deliver justice in Scotland. We must consider the whole system and strive to understand what works and what doesn’t, to identify challenges and opportunities and ultimately, hopefully, to improve the lives of people in our communities. This begins with an illustration of the justice system; a map that shows us how the system works and the journeys that people can take. Creating this map isn’t simple. When we start to look at how our justice system operates, one thing is very clear – it’s complicated!

The Scottish justice system starts with a single point of entry: ‘alleged crime’. There are so many routes that a person’s journey may take and dozens of exit points that might be reached. In simple terms, the case might be dealt with directly by Police or Procurators Fiscal. Or, it might progress through one of our courts and lead to a community or a custodial sentence. Each one of these possible stages has its own set of processes and complexities and, on top of this, there are no guaranteed routes and we can’t be certain what path a person’s journey will take.

In fact, trying to follow journeys through the system only uncovers the breadth of complexity that lies within. And seeking to understand, to gather more information, only raises more and more questions.

Piecing together our justice system is like doing a jigsaw, except there is no picture on the front of the box to show us what it should look like or how big it is – and sometimes, no matter how hard you try, some of the pieces just don’t seem to fit together. In short, it is overwhelming.

Joining the dots

However, here at CJS we like a challenge! For the last year or so, we’ve worked closely with our partners and stakeholders to put the justice system jigsaw together. We have pieced together information across various stages of the system, filling gaps between partner processes and exploring different steps that might be experienced along the way. The result, our new digital resource: Navigating Scotland’s Justice System, shows the enormity of the system that we work in. It is a holistic illustration of a system that people attempt to navigate every day, but something we struggle to understand in full. This is our opportunity to act. Let’s use this resource to create a foundation for making change and improvements. Our evidence-base to improve our communities and make Scotland a safer place to live.

And, while we take this opportunity to understand the complexities of the system, we must remember that this is about more than just the processes to be followed. It is about the people who are trying to find their way through them.

When you can see the size and scale of the system, it is no wonder that people might feel lost.

Our Talking Justice blog series brings together reflections from across our society. We are committed to changing the conversation about justice, increasing understanding and support for what will make Scotland better for all of us. To that end, we have have created a resource that maps out the Scottish justice system. This has been developed into an interactive digital tool: Navigating Scotland’s Justice System.

Reflections On My Apprenticeship, Jade Kilkenny

Two years as an Apprentice with Community Justice Scotland – a place like no other. Always there for each other, it’s a caring, genuine, place to be. I will be a better me.

Starting this job, I had a totally different perception of how it would go – I thought I was going to be working in the Police by the end or getting an SVQ 2 in Justice. This apprenticeship was not like other apprenticeships; I didn’t have to complete modules and I had mentors who supported me on a professional and personal level. I got a decent wage, which is really important as people who apply for apprenticeships don’t always have family to support them. I managed my own diary and worked with a structure; this gave me responsibility and they trusted me, without doubt. I got to pick what I wanted to achieve and what teams I wanted to learn from. This apprenticeship was not just about developing professionally, it was also developing my skills for the future. Karyn (McCluskey) says all the time, I look like a different woman – and I feel like one too. I came into this job as Jade Kilkenny, not the girl who had lived trauma.

I have more than one mentor and they support me in different ways. They help me to flourish and grow, and that makes me laugh and feel good. They guided me to the right path for my future. I have been able to discover myself and learn ways to cope with trauma, and create a new way of surviving and thriving. I have developed skills and qualities that I did not think were possible. Choosing my mentors in my own time was crucial for me, not because I don’t believe they’re all wonderful people, but because I needed to discover people for myself. This made my relationships stronger. Having mentors encouraged me and pushed me to keep going, especially having lived a chaotic lifestyle and having low self-esteem.

I feel accepted. I have a designated Line Manager, but they are more than that. Their role at Community Justice Scotland does not specify that they need to be trauma-informed, but they are. From the beginning, during my interview, I knew they were special people. I connected with everyone straight away. I interviewed them, I questioned how they would support me and I was humbled by how supportive they were.

My mentors encouraged me to improve my work and monitor my progress, but they didn’t want me to just succeed, they wanted me excel – in my own time.

I have special relationships with people in the team, and these are for life now. I really struggle with trust, but as time went on I started to believe what they thought of me. I find education hard, but I realised education is not just about academic learning -the team taught me that learning is a part of life. I am able to focus and be more self-disciplined in my work. I learned how to be a professional and have belief in myself. Although initially reluctant, I understand having a routine is essential for me and this keeps me on the right path.

I choose to get up and be passionate about what I do, whereas before it was more about getting by. I value being sharp and smart because people take you seriously.

I still have improvements to make but I believe I am more than just my experiences. I believe I have skills and worth in this cruel world. I have learned what chaos looks like and where it comes from. Moving on from the past is extremely hard, but I know now it’s not the life I want to lead. I also know that some relationships are negative and can consume you – you can only control your own behaviour and reactions. Not every relationship will be healthy.

Working in a government building with high security was a new experience for me, and at the start I didn’t feel like I belonged. Sometimes I found it hard because people were dressed up, and at that time I didn’t have the confidence to believe I was worthy enough to be there. As time went on, I realised CJS was unique from other places and professionals. I was being paid to develop my skills and give my views. I was in a room with teachers, youth workers, doctors, researchers, analysts, writers, campaigners, managers, development workers, HR workers, police officers, policy workers and residential workers. I came out of my shell as days went on, and I realised it was people who just wanted to make a difference, like me. Everyone had their own journey, just like me, and people were not afraid or ashamed to show me this.

Over time as my confidence built up, I started to see my value.

In this job, I had great and unusual opportunities. I was able to go on training courses and attend events that were new to me. I learned about new technology, like electronic monitoring, and gained lots of new expertise. I have written blogs about how important education is, and I have been able to share my views about Corporate Parenting. I filmed this vlog about my role and what I have achieved. I developed my office skills so that I could contribute to the office. Sending emails is such a presumed easy task but I found this really difficult – how to confidently send a professional email. I learned about research and the importance of having various types of research which is vital for services and the people who use them. I learned how to conduct a research paper, and to use policy to influence decision making. This made me realise how much policy can influence someone’s life and relationships within services. I had the opportunity of organising a Personality Profiling training day for the whole CJS team. I came up with this training because I wanted everyone to understand each other, and we got to learn more about each other’s dos and don’ts within the working environment.

I went on to complete a qualification: Award in Education and Training. This qualification gave me more of an understanding about the preparation it takes to do successful group facilitation as well as developing my skills and confidence.

There should be apprenticeships like this everywhere because it has allowed me to develop and learn whilst creating relationships with lots of people.

CJS has allowed me to be myself, make mistakes and choose my own development with guidance. After two years, I have grown passionate about community education. That’s why when I leave, I will be going to university to study for a degree in Community Education. Being an Apprentice at CJS helped me realise what I am good at. I enjoy making a difference, and I realised I can make a difference without relying on using my past trauma.

I can make a difference being Jade Kilkenny.  I am leaving my imprint, and I will be back!

“If someone has a conviction, it doesn’t mean they won’t be a good worker…

…Everyone has a past and deserves a second chance. If they have the right attitude, turn up for work on time and put in the hard graft then we will give anyone a chance.”

We speak to the JAD Joinery Ltd. team about our new campaign, smart justice in action: employability. The campaign is aimed at SMEs across Scotland. Our goal is to communicate the benefits of employing people with convictions and start to challenge some of the perceived barriers.

So, JAD Joinery tell us about your team…

Our Apprentices work harder than anyone else; they are first on site and last to leave. On their first day we give them a tool kit worth a decent amount of money, and we give them JAD clothing. We do have strict rules – 3 strikes and you’re out – but we give our boys purpose and trust and we get rewarded for it.

We have a good set up here, it’s hard work but we have fun. Our Apprentices have to meet our high standards and they are assessed on timekeeping, attitude, working with others and their commitment. We track that and each month our best apprentice wins a new tool for their kit. We also reward our apprentice of the year with a holiday for two to Ibiza – we know that a bit of healthy competition works! And, we pay decent money, more per hour than the government says we have to. Our boys work with us and over the years we give them all the skills they need to earn much more.

We aim to have 120 apprentices soon and a conviction is not going to get in the way of us giving them a chance. It’s up to them to take that chance and make something of themselves.

What does success look like?  

We have seen boys come right out of their shell, gain confidence and become part of our team. We create a sense of belonging and we’re father figures to a lot of them. We are strict, but a bit of discipline and boundaries are positive. We’ve had letters from mums thanking us for turning their boys into men – and thankful that they’ve found a path, earning square money and taking pride in their work.

We don’t get any funding to do our apprentice programme – we do it because it makes good business sense, but It’s not just us that benefits, or the boys – it’s their families too. We’ve had pictures drawn by wee lassies about their dads working for us. We’re a real team here.

Do you have any advice for other employers?

What advice would I give other employers who don’t recruit people because of a conviction? I would say have you never made a mistake in your life? I would also say that’s a false economy. You have to look deeper and think beyond your prejudices. If you give a person somewhere to belong and something to lose, they’ll give you loyalty and hard work – and your business will reap the benefits.

  • Find out more about our new campaign, smart justice in action: employability here.

Safety is Paramount

Last week as part of the Restorative Practice Forum Northern Ireland’s (RPFNI) 25th Anniversary Conference, I attended a workshop on whether restorative justice can be applied in cases of intimate partner violence. For my final blog of #RJWeek, I’d like to share some of the points discussed. The workshop included representation from police, probation services, restorative justice professionals, government, youth justice agencies and women’s support organisations.

From the outset it was agreed that while there were real concerns in considering whether restorative justice would ever be suitable, no agency felt they had the right to take restorative justice ‘completely off the table’. There was also consensus that any restorative justice process should only be initiated by the person harmed, and never by the perpetrator. And, that a bespoke risk assessment, with robust testing and frequent evaluation, is required. This requires multiagency information sharing and continuous input and evaluation throughout.

There were differences of opinion as to whether restorative justice could ever be used in cases of intimate partner violence, as an alternative to prosecutorial action. It was felt by some partners that, as an addition to the criminal justice process, this may support an individual harmed to achieve person-centred outcomes. A number of partners believed that it could be offered to persons harmed as an option in achieving a level of justice or resolution, where disengagement with the formal justice process was likely. This would need careful risk management.

Safety must always be the primary aim. Wrap around support was agreed to be fundamental to every potential restorative justice conference – before, during and after. The needs of all parties had to be built into that, including speech, language and communication needs, mental health and whether children are involved. The risk of exposing or perpetuating trauma was discussed at great length, and all partners felt there must be a suitable, long-term commitment from healthcare providers to work with the person harmed, the perpetrator and family members beyond addressing the harm resulting in or part of, a conference, and into the future.

There is much international debate on the use, misuse and potential veto of restorative justice in offences of intimate partner violence, and there should be in my opinion. For this to be seriously considered we must be open to taking part in often heated conversations, fuelled by incredible expertise, fear, energy, passion, mistrust and empathy. The only thing I am clear on frankly is that we should always place the safety and wishes of those we advocate for firmly at the top of our agenda. And, this means it must remain something which can be keenly explored at every opportunity.

My thanks goes to participants for their insights as part of the RPFNI 25th Anniversary Conference (2019), and in particular to Kerry Malone, Independent Social Work Consultant for hosting such a thought-provoking workshop.

A Culture of Restoration

To me, it is important to acknowledge that, as individuals, we can embody restorative values as a means to prevent harm and to address it, if it occurs. While we can formalise approaches to restorative justice, we can also ‘become more restorative’ in the way we engage with others, both personally and professionally. In addition to making us more effective restorative justice facilitators, this also has valuable benefits for people within our sector. During my work in Northern Ireland over the last eighteen months, I have been introduced to two examples of this in action. Both examples have helped me to identify the necessary values and principles needed to make this a reality.

In HMP Maghaberry in Northern Ireland, staff have been supported by restorative justice professionals to develop restorative practices. This is in response to violence and antisocial behaviour which have since reduced by 29% (April 2018).  In addition to the use of conferences between people identified as ‘enemies’, restorative circles have been introduced within a wing of the prison.  Prisoners and staff are encouraged to sit down together and discuss issues which they face personally, or which affect them within the prison.  The circles remove any perceived hierarchy and everyone is afforded the opportunity to talk honestly, including staff.  Prison Officer’s explained this had improved relationships with prisoners because they feel more able to appreciate others points of view.  Prisoners were able to see staff as human beings, finding more common ground.

In Hazelwood Integrated College in North Belfast, a restorative culture is being used to bring communities together internally and from  outside the school grounds.  Circles are used to give students, parents and communities a voice in school decision-making, and restorative approaches are used to addressing conflicts as they arise.  ‘Integration’ is no longer viewed as an attempt to blend the two sides of a conflict by Head Teacher Maire Thompson, but about achieving real equality, however this looks.

Children don’t learn from teachers they don’t like

And, Ms Thompson is clear that staff should embody restorative values as a way to draw out and encourage the talent she strongly believes every student holds.  Her inspirational, restorative practice has resulted in improved attainment, attendance and opportunity.

I know there are many examples of such approaches, including within Scotland, but the most effective will be founded in the same values and principles as these.  Promoting rights through equal participation; active listening with meaningful feedback; acting in the best interests of those harmed; taking a solution-focus; and truly valuing relationships.  We are human beings, so we won’t always get this right, and ‘owning our mistakes’ also forms a key part of any restorative culture.  This is really just treating people as we wish to be treated ourselves, to break down barriers (both real and metaphorical), and prevent conflict from taking root in our communities.