PCA submission to the Review of Veterans within the Criminal Justice System

Transcription

1 PCA submission to the Review of Veterans within the Criminal Justice System This submission has been prepared by the Probation Chiefs Association (PCA), representing the senior management of probation service organisations across England and Wales. In compiling this submission, the PCA has consulted with staff and managers from a number of Probation Trusts with experience of working with the veteran probation cohort. Our main areas of recommendation to the Review of Veterans in the Criminal Justice System: Engage with the Probation Institute over building and disseminating an evidence base for effective practice working with ex-service personnel under probation (section 3) Explore ways to facilitate earlier identification of ex-service personnel entering the criminal justice system (section 4) Improve and standardise the recording of information on the assessment and services delivered to ex-service personnel across criminal justice and public service agencies (section 4) Take steps to ensure Veteran Support Officer Schemes in probation organisations will be sustainable in the medium-long term, and will be able to operate across the interface of the new Transforming Rehabilitation operating model (section 5) Government should consider including in the CRC contract and the NPS service level agreement a stated requirement that the organisations work together to address properly the needs of Veterans (section 5) Support the establishment of regional forums that bring together prison and probation staff working with veterans, to build effective communication channels and sharing of effective practice (section 5) Encourage and sustain the future training for probation practitioners on working with and understanding the specific needs of veterans (section 6) Provide assurance, resources and a supportive environment for probation organisations to explore innovations and pilots for new practices working with the veteran cohort (section 7)

2 Assessment of the current situation Q1. What are the rehabilitative needs of ex-service personnel in the CJS? Q2. What, if anything, sets ex-service personnel apart from other offenders? 1.1 There have only been a limited number of studies on the profile and rehabilitative needs of ex-service personnel under probation supervision, and therefore there is still much unknown. One of our core recommendations for this Government review is to look at ways to facilitate more research and evaluation to build a better evidence base on what makes for effective probation practice for this veteran cohort (see section 3). 1.2 A recent localised study detailing the profile of the veteran cohort of Durham Tees Valley Probation Trust, carried out by Andrea MacDonald, may provide a useful illustration for this Government review to consider. You can find the link here: Some general features commonly observed of the veteran cohort under probation include: High levels of violent and sexual offending Length of service may play a role in type of crime committed (violent offending especially prevalent with early service leavers, whilst sexual offences more common for those who had served in the forces for longer periods) Mental health and emotional wellbeing issues are common, which include but are not exclusive to PTSD Ex-service personnel may experience complex issues over adjustment from a military to a civilian identity some indications that those who feel disconnected from both their previous military identity and normal civilian society are at risk of developing psychological issues that hinder resettlement and rehabilitation. The growing body of desistance literature influencing probation highlights the importance of an individual s sense of identity, social capital and social bonds when choosing to turn away from a path of crime. Linked to the above, some ex service personnel under probation report feeling misunderstood by civilian society and lacking a stake in their local community. Some report difficulties in socialising with civilians once leaving the military. Q3. What rehabilitation support is currently available for ex-service personnel who offend? Is it fit for purpose, and why or why not? 2.1 One of the recommendations which emerged out of the Howard League for Penal Reform s inquiry into former armed service personnel in prison (2011) was for the probation service to consider rolling out Veteran Support Officer Schemes across England and Wales. 2.2 Although no national programme has been implemented, Veteran Support Officer Schemes are now operational in a number of Probation Trust areas across the country (e.g. Cheshire, Durham Tees Valley, Lancashire etc). These schemes differ in their local format and set-up, but fundamental components incorporate a process for identification of ex-

3 service personnel entering the probation service, and then referring them and staff to the advice of a trained Veteran Support Officer who understands veteran cohort issues and can signpost to targeted support services available in the local community. 2.3 The following points provide an example of how a Veteran Support Officer Scheme operates across Durham Tees Valley Probation Trust: Within each Local Delivery Unit of the Probation Trust, there is a Veterans Champion who advises staff and who will see the veteran under probation within 10 days of their identification. To ensure that the process is followed, staff are required to record such contacts with veterans on the NDelius ICT system. Any contact with Veterans in Custody Officers also needs to be recorded, and there is a requirement that the Veterans in Custody Officers to provide probation Offender Managers with information on what services have been accessed whilst in custody. There is also a Veterans Champion in the Probation Trust s court team, who has enhanced training to assist staff and the judiciary. The diversion teams (mental health) have also received veterans training and assist with assessments. All Veteran Champions, CSS staff and some volunteers have been trained as professional caseworkers by The Royal British Legion to assist in getting support to the veteran as quickly as possible. Staff also attend the North East Veterans Network and feedback any updates to the other champions. Within the local prisons there are also Veterans in Custody Officers (VICS). These dedicated prison staff are delivering services in their own time and without training. The Veterans Champions and the Veterans in Custody Officers, along with a designated lead director, meet together as a specialist team on a regular basis to develop the Probation Trust s response to this cohort. This facilitates the sharing of best practice. 2.4 Wider functions of Veteran Support Officers can often be to act as a Specific Point of Contact for the Probation Trust in liaising and coordinating with voluntary support services, other Criminal Justice System partners and local awareness over the issues. It has also been reported that Veteran Support Officers might be able to use expert understanding of exservice personnel to help prevent any gaming of the system ; for instance if a probation service user was to falsely claim they were a veteran, out of a belief they would somehow get access to additional support services or special consideration over their criminal behaviour. 2.5 For those probation areas which run Veteran Support Officer Schemes, the general feedback from their implementation appears very positive, and we would recommend that this Government Review looks at ways it could support such schemes being rolled out and developed in other probation areas across the country.

4 2.6 Improvements and further steps which could be taken to strengthen such Veteran Support Schemes in probation are discussed in the section 5, along with the potential implications of the Government s Transforming Rehabilitation reforms for these schemes. Future ideas Q5. What more could be done to reduce offending and reoffending amongst veterans? Q7. What measures could be introduced by the CJS to reduce reoffending? In particular around the point of arrest, probation or in prison? Q10. What other approaches might be introduced through Government or society as a whole? Building an evidence base over what is effective practice at working with veterans 3.1 There are currently few research studies which offer an insight or assessment over how probation and other community rehabilitation services are working with ex-service personnel. The PCA believes that this current weakness in the evidence and research base is one key area which this Government review could lead to recommendations on. 3.2 A stronger evidence base and more comprehensive evaluation of the impact of new projects and interventions targeted at ex-service personnel, will help probation and community rehabilitation providers identify where they should invest resources and what changes to practice will lead to improvements. New providers of probation services under the Transforming Rehabilitation reforms are likely to be incentivised by evidence which demonstrates how changes to practice and services can lead to achieving the outcome of reducing reoffending, as linked to the Payment by Results payment mechanism. Reversely, if the evidence base is left underdeveloped, new private-sector providers of probation are unlikely to invest extra resources into services working with the veteran cohort when there is uncertainty over the impact on their company profit margins. 3.3 Dissemination of evidence and research on the effectiveness of veteran practice and projects is equally important. Mechanisms should be developed which help collate an overview of evaluations and evidence on working with veterans in the Criminal Justice System, and then channels the information to the wide range of service providers, commissioners, policy makers and the public. These distribution mechanisms need to be able to get around commercial sensitivity and barriers to information flow, an issue which could become more complex under the Government s Transforming Rehabilitation reforms to create a more pluralised probation service delivery environment. 3.4 The PCA also believes that involving practitioners in the evaluation of practice and projects working with ex-service personnel should be encouraged and strengthened. Practitioner input can add first-hand experience and such involvement has the potential to

5 strengthen the authenticity and narrative of an evaluation in the eyes on other practitioners, service providers, policy makers and wider stakeholders. One good example of such practitioner involvement is a recent study on the veteran cohort in Durham Tees Valley Probation Trust published by Andrea MacDonald, a probation officer and designated veteran champion within her Trust area, who won a scholarship from the Sir Graham Smith Award to finance her time to undertake the research. 3.5 We recommend that as an action following this review, that the Government and stakeholders engage directly with the Probation Institute over building and disseminating an evidence base for working with ex-service personnel under probation. The Probation Institute was established in March 2014 as an independent body, seeking to promote the professional identity, skills and quality of the probation workforce, and become a credible centre of excellence for effective probation practice. It aims to facilitate stronger links between the research community with practitioners, service providers, commissioners and policy makers. As a centre for excellence it is seeking to commission evidence based overviews, disseminate knowledge on effective practice, and involving practitioners in evaluation. To contact the Probation Institute, please get in touch with admin@probationinstitute.org Identification and recording data on veterans entering the criminal justice system 4.1 Identifying ex-service personnel when they enter the Criminal Justice System can help probation better target services to veteran needs, and as explored above is the first step for a Veteran Support Service Scheme to operate. 4.2 There are however balancing considerations over whether ex-service personnel would want to be seen to be specially singled out for being a veteran, and sensitivity does need to be taken by probation staff to avoid perceptions that they are giving special treatment only for this cohort. Indeed probation should be seen to be assessing the individual needs of all cases under their supervision, and it should therefore be understood that identifying information on case specific characteristics such as whether they have previously served in the forces can contribute to making that assessment. 4.3 The PCA recommends that this Government Review looks at ways to facilitate earlier identification of ex-service personnel entering the criminal justice system. We are aware that there are a number of localised pilots where identification of ex-service personnel is taking place at the police custody stage. Having this information from the point of arrest could be particularly useful for probation officers when drafting Pre-Sentence Reports, which highlight the specific case needs and available services for the court to consider before sentencing. 4.4 Probation services should also ensure identification and ongoing information recording on services provided to veterans takes place whilst the case is under their supervision. The basic question, have you ever served in the forces? could easily be asked during the probation induction process, and indeed many Probation Trusts have begun to implement

6 this. There is also the potential to introduce relevant questions about veterans to the new risk of serious harm (RoSH) screening tool (e.g. taking account of what a veteran's role was in the armed services e.g. exposure/experience of armed combat/tours of duty and reason for discharge), to be deployed by the National Probation Service during the case allocation process under the proposed Transforming Rehabilitation operating model. 4.5 There are issues over where this information is then recorded and how it is flagged up to the Offender Manager. NDelius, the current ICT system used to manage probation cases, does not automatically flag up ex-service personnel as a key category of case information for the Offender Manager to see; instead any information regarding veteran status needs to be manually input under Personal Circumstances and then selecting Army, Navy or Air Force from a drop down box. We have heard that this can lead to information on ex-service personnel being missed, particularly if the case s Offender Manger changes during the course of the supervision period. 4.6 As a wider recommendation, the PCA sees the need for a standardised method, across agencies, for recording the details and work undertaken with veterans in the CJS. This would minimise the risk of data loss when a veteran case transfers from one agency to the next, and avoid the need for manual input and interpretation error between agencies. Such a standardised method of recording would help improve the ease and accuracy of undertaking future research on the veteran cohort, improve accountability, allow the government to provide proof of the ongoing work with this cohort and in simple terms allow a head count to occur of veterans in the CJS. 4.7 The need for a standardised recording method for the veteran cohort is especially important in light of the Government s Transforming Rehabilitation reforms, which will entail probation cases routinely transferring across a complex new interface between the National Probation Service and Community Rehabilitation Companies (e.g. following case allocation, breach, recall, risk escalation, partnership working etc). Data and information loss is a particularly high risk across such a complex interface between agencies. We recommend that the new Transforming Rehabilitation operating processes, ICT systems, service level agreements, and contract specifications factor in the need to create standardised data recording methods across the interface, which factor in common considerations and data recording of working with specific cohorts such as veterans. 4.8 Another important source of relevant information for CJS agencies to access and utilise are records held within the Service Police Crime Bureau. We understand that the Service Police Crime Bureau are implementing a new database (crime statistics and analysis cell - CSAC) this year, which may prove a useful source of information for probation officers to access, store and record within Pre-Sentence Reports and the Offender Assessment System (OASys). The PCA recommends that this Government review considers a national agreement for the Service Police Crime Bureau to provide relevant information to CJS agencies within a set timescale and using an agreed format.

7 Improving the coordination of support services targeting the needs of veterans under probation 5.1 Probation Trusts play a lead partnership role in their local regions in helping to coordinate the array of services and agencies which can contribute to rehabilitation and safer communities. The PCA in our response to the Government s Transforming Rehabilitation consultation, raised significant concerns that the fragmentation and upheaval which the reform proposals entail put at risk to successful local partnership arrangements built up by Probation Trusts. 5.2 Veteran Support Officer Schemes which are currently operated by various Probation Trusts (see section 2), are an example of such local partnership work which may be put at risk by Transforming Rehabilitation. We recommend that this Government Review considers positive steps to ensure Veteran Support Officer Schemes will be sustainable in the medium-long term, and will be able to operate across the interface of the new operating model which the Transforming Rehabilitation Programme plans to implement. 5.3 Under the new Transforming Rehabilitation operating model, probation cases involving ex-service personnel will change management between the National Probation Service (NPS) and the Community Rehabilitation Companies (CRCs) at frequent intervals. This is likely to make the operation of a Veteran Support Officer Scheme and coordinating partnership arrangements over this new interface more complex than under the single roof of a Probation Trust. For instance, coordinated veteran support and information sharing would need to operate over the following interfaces between the NPS and CRCs: The CRCs will need to provide the NPS with information on all the rehabilitation services and programmes they can deliver, some of which may be targeted at veterans, to inform the NPS when preparing Pre-Sentence Reports The NPS will be responsible for case allocation, including carrying out risk screening and creating the case file on NDelius. It is likely that the majority of probation cases involving ex-service personnel will be assessed as a medium risk and allocated to the CRCs to manage If risk escalates over the course of the sentence, the CRCs then must refer the case back to the NPS for further risk screening and a decision over ongoing management. Given the high levels of violent and sexual offending among the veteran cohort, and the dynamic nature of risk particularly for this profile, there are some indications that risk escalation between the CRCs and NPS for the veteran cohort will be more common. If breach is suspected then the CRC must refer the case up to the NPS to make an enforcement decision on. CRCs will also be contracted to deliver some interventions and accredited programmes to those cases under the NPS management

8 Community support services, CJS agencies, and other stakeholders will need to coordinate activity and enter partnership arrangements with both the NPS and CRCs at different points of this new interface 5.4 It is clear that future Veteran Support Officer Schemes and other partnership arrangements would need to find ways to work effectively and efficiently across the interfaces of the new Transforming Rehabilitation operating model, given that case management of veterans on probation will switch hands between the NPS and CRC organisations routinely. 5.5 Trained veteran support officers would need to be in place in both the NPS and CRCs, and possibly installed in each probation department (e.g. courts team, supervision, community payback, drugs and alcohol etc). 5.6 There would then need to be a structured regional forum for joining up the veteran support officers between the NPS and CRCs, so that there are effective communication channels and a mechanism for coordinating and exchanging effective practice. Establishing a further link between these regional groups of veteran support officers and the Probation Institute could be an effective way of building a national professional network which disseminates knowledge on emerging effective practice of working with veterans on probation. 5.8 To incentivise the commitment for both the CRCs and NPS to engage with practices supporting the rehabilitation of the veteran cohort, the Government should consider including in the CRC contract and the NPS service level agreement a stated requirement that the organisations work together to address properly the needs of Veterans. 5.7 Alongside veteran support schemes in probation, the PCA recognises the value of developing veteran support in other criminal justice agencies, particularly prison services. Given that prison staff are often the first point of contact for ex-service personnel entering the criminal justice system, it is vital that time and money is invested into schemes targeting veteran needs at this earlier stage before probation. Having more standardised and comprehensive veteran support schemes operating across prisons, and building strong links with the transition to offender management and support arrangements on probation, could help ensure a more seamless resettlement process. We would recommend that regional forums are established that bring together prison and probation staff working with veterans, to build effective communication channels and exchange of effective practice. 5.8 More widely still, establishing a regional central point of contact for all criminal justice and third sector agencies working with veterans could be a successful model for improving coordination. This could follow the model already utilised in the North, which is facilitated by Finchale College. The college was set up in 1943 to provide support for ex servicemen returning home from active service during the Second World War. It has since become a leading provider of specialist employment programmes for veterans and has one of the highest progression rates in Britain. The college plays host to the North East Veterans Network which collates services for veterans within the region. Regular meetings are held at the college with presentations being given by all sectors of the CJS, health, and service

9 charities, with MPs attending on occasion. Importantly there are always representatives from Catterick Garrison, who give updates on how they are dealing with vulnerable groups such as the early service leavers. As the network is multi agency, it enables staff to learn from each other thus improving support in the region. It is also an opportunity for crosspollination of ideas about what works with veterans. Training for practitioners working with veterans in the criminal justice system 6.1 Providing high quality training for probation practitioners, raising their awareness of the common needs, sensitivities and issues of working with veterans in their caseload, is an essential component of driving improvement in practice. 6.2 A number of veteran awareness training courses are currently available, some of which are specifically targeted at criminal justice professionals. Live at Ease for example provides training courses for working with veterans to the police, prisons, probation and medical professionals in the North West, whilst the Royal British Legion has a wide awareness training programme across the country. Activity and awareness days are also organised at some Army Barracks, which invite practitioners from partner agencies such as probation to gain a firsthand insight of their local brigade. Particular topics which have been highlighted as important for veteran training courses to include information on are issues over identity transition, disconnection from civilian society and mental health issues. 6.3 It remains uncertain under the Transforming Rehabilitation reforms whether the new Community Rehabilitation Companies, as well as the National Probation Service, will invest in the extra training for their staff on veteran issues. Under the current policy framework for Transforming Rehabilitation, there is no obligation or specifications for the Community Rehabilitation Companies to commit to any particular training programmes. This presents risks that training on working with veterans will decrease as an unintended consequence of the reforms. 6.4 The PCA would recommend that this Government Review considers how to encourage and sustain the future training of probation practitioners on working with veterans. Writing in expectations to the contract specifications for the Community Rehabilitation Companies for them to provide training to front-line practitioners on working with veterans is one step which the Ministry of Justice could take. The Probation Institute, overtime, also has the potential to play a positive role in promoting continuous professional development of practitioners and independently advising on standards for qualifications and training of the profession. The PCA would encourage veteran awareness training providers to establish links with the Probation Institute at an early stage in its development.

10 6.5 Alongside training, having good quality guidance and instruction documents ready at hand for criminal justice practitioners to refer to when working with veterans can be a useful complement. For example, we are aware that Veteran Support Officers in north eastern Probation Trusts use and refer to a practical guide for working with military veterans - Life Force published by the NHS Mental Health Development Unit. A copy of this guide can be found here: Similar guidance documents could be mirrored and targeted for practitioners working with veterans in different regions of the country. Being able to download guidance and training material online is also an important consideration for widening access to practitioners. 6.6 Some Probation Trust areas have developed their own Professional Practice Directions for practitioners and managers to refer to. A good example is the Working with Ex Forces Direction issued by Wales Probation Trust to all operational staff and managers, which covers Targeted operational guidance to staff working with ex forces offenders. Provides a background to ex forces service users. Provides a definition as to what is meant by ex forces/veterans Involvement with people subject to a court martial Signposting to people, organisations and facilities for ex forces offenders Helps staff understand some of the specific issues that need to be considered when working with ex forces service users Ensure there is a consistent approach across providers of probation services in Wales For more information on Wales Practice Direction, please contact Jackie Leggett, Business Development Manager, at Jackie.Leggett@wales.probation.gsi.gov.uk Innovative Practice working with veterans in the criminal justice system 7.1 The PCA supports an evidence-based approach to the piloting and development of new and innovative practice, which has the potential to improve the effectiveness of services. Particular areas of new practice targeted at the veteran probation cohort which could be promising include: Mentoring schemes, specifically targeted at matching the needs of ex-service personnel Integrating veterans needs into the shape and format of intervention and treatment programmes delivered by probation and other partners. The South West of England for example is currently establishing the Veterans Change Partnership scheme as an alternative to custody rehabilitation programme targeted at ex-service personnel. For more information please contact Simon Perkins at Devon & Cornwall Probation Trust, Simon.Perkins@devon-cornwall.probation.gsi.gov.uk Developing programmes designed to address issues of disassociation and identity, linking with the emerging practice surrounding the desistance literature

11 Through the gate resettlement services aimed specifically at the needs of ex-service personnel Early preventative measures for those discharged from the armed forces where there are concerns that they are at risk of offending probation could have a role in assessing, analysing and proposing early interventions, and delivering joint resettlement programmes with the armed forces/veteran support services 7.2 Improving service user involvement in the design and delivery of probation services is an agenda which is increasingly being championed across Probation Trust areas. Service user forums, for example, are bringing together groups of probation service users with practitioners and managers to discuss the experience of probation services and identify areas which can lead to improvements. Practitioners listening to the personal experience and needs of the veteran cohort could also help inform their understanding and attitudes towards working with this group. One idea that could be explored further is for probation areas to establish a service user forum event targeted at ex-service personnel who are/have been under their supervision. 7.3 The environment of uncertainty and upheaval being created by Transforming Rehabilitation does put at risk the ongoing development of innovative practice when working with veterans which many Probation Trusts were exploring with partners before the reform programme. We would recommend that this Government Review looks at ways it could provide assurance, resources and a more supportive environment for probation organisations to explore innovations and pilots for new practices working with the veteran cohort. For more information on the PCA response to this Government Review, please contact Ben Ritchie, PCA Policy Officer, at ben.ritchie@probationchiefs.org