Lothian and Borders Community Justice Authority

Contents

Convenor’s Foreword 5

Section 1: Partnership and Collaboration 6

Section 2: Achievements against Our Shared Priorities 9

Section 3: Managing Our Resources to Deliver Better Outcomes 18

Section 4: Learning and Developing 19

Section 5: What next? 21

Appendix 1: The CJA: Who We Are 22

Final Annual Report 2016-2017 3 4 Lothian and Borders Community Justice Authority Convenor’s Foreword

Under the Community Justice (Scotland) Act 2016, a The CJA Area Plan 2014-2017 sets out five shared priorities new model for community justice is being introduced for Lothian and Borders that were identified following and will come fully into being on the 1st of April, 2017. assessment of performance and consultation with and feedback from partners. These priorities were - to focus on Under this new model, the eight Community Justice women, young people, families affected by the justice system Authorities will be disestablished. This is therefore and those with complex needs, public protection and prolific the last report from Lothian and Borders Community offenders. A range of services and initiatives have been Justice Authority. It describes delivery during this developed and implemented during this period including cross financial year from April to December 2016 with some cutting initiatives relating to housing and employment. This reference to achievements during the longer period of report highlights work undertaken in relation to these priorities using statistics, narrative and case studies. Full reports for the current CJA Area Plan 2014-2017. each of our five areas on progress to date against the Annual Plan for 2016-2017 can be found on the LBCJA website. The changes to community justice follow a 2014 consultation about the future model, that itself responded to a previous Community Justice Authorities (CJAs) were set up across consultation, “Redesigning the community justice system: Scotland in 2006 with a remit to co-ordinate the delivery of A consultation on proposals”. That consultation followed services by Local Authorities, voluntary organisations and the publication of reports by the Commission on Women other partners for those with a history of offending, and to Offenders and by Audit Scotland on reducing re-offending. ensure close cooperation between community and prison based services to support rehabilitation. The key features of the new model include: • Establishing local strategic planning, delivery and In the ten years since CJAs were established there has been a accountability for community justice services; strong focus on working where possible in the community with • Placing duties on a defined set of statutory community people who have offended rather than sending them to prison. justice partners to engage in local strategic planning and We know from considerable research that community based delivery, and to be accountable; options, as well as costing less than prison, are much more likely to reduce future offending. Community Payback Orders • Creating a new national body, Community Justice were introduced in 2011 and their use has greatly increased Scotland, to provide leadership for the sector; enhanced over the last 5 years. As a result, we have seen a decrease in opportunities for innovation, learning and development; the numbers of people in custody, especially women and young improvement support where needed; and independent people. On the 1st of January 2017, there were 32 women, professional assurance to Scottish Ministers on the none from Scottish Borders, in custody compared to 41 on the collective achievement of community justice outcomes same day in 2014. In January 2017, there were 9 under 18s, across Scotland; no young women, in custody from Lothian and Borders. The • Publishing a national strategy to provide a vision for reconviction rate in this region has fallen since the CJAs were community justice in Scotland. established and remains below the Scottish average.

Working to reduce re-offending and make communities safer is complex and challenging. Nevertheless, a great deal has A range of services and been achieved over the last ten years by CJA partners from “ which we can learn and build for the future. initiatives have been I commend this report to you and thank our CJA staff team developed and implemented and all of our partners for their contributions and commitment. during this period...”

Councillor Catherine Johnstone Convenor, Lothian and Borders Community Justice Authority January 2017

Final Annual Report 2016-2017 5 01 Partnership and Collaboration

The CJA is a partnership body. We bring together agencies with a role and interest in reducing re- offending who work together to plan, deliver, review Lothian and Borders CJA and improve services, participate in learning and “ brings together a large development, and share resources including knowledge and expertise. Our overall role is to number of agencies with a reduce re-offending and to make our communities safer. This work is complex and challenging and role and interest in reducing can only be carried out by working effectively in re-offending... partnership. ”

The Lothian & Borders Community Justice Authority comprises the five constituent local authorities of East Lothian, Midlothian, West Lothian, City of Edinburgh and Scottish Borders, who provide the political and strategic oversight for the Community Justice Authority.

With Scotland’s capital city, towns, villages and rural expanses, Lothians and Borders covers an area of approximately 2,400 square miles with a population of around 894,360, 17% of the Scottish population.

Lothian and Borders CJA is one of eight CJAs in Scotland. We are devolved public bodies whose duties are set out in the Management of Offenders etc. (Scotland) Act 2005. These are to: • Prepare an Area Plan, in partnership, to reduce re- offending; • Monitor performance; • Promote good practice in reducing re-offending; • Allocate Section 27 Grant funding in Lothian and Borders to tackle re-offending; and • Report annually on our agreed actions and performance.

6 Lothian and Borders Community Justice Authority The prevention pyramid illustrated was used in the CJA Area As the transition to the new model has progressed Plan published in 2014 to show how efforts could be focused consideration is being given by the new community justice depending on needs and risks and highlights the links between partnerships to the best way to harness the opportunities the work of the CJA and the community planning partnerships. within the community planning sphere to reduce re-offending.

Using the language of prevention to explain the current statutory, regulatory and partnership relationship between CJA and CPP’s in Lothian and Borders...

Task: prevent harm to communities and reduce Tertiary prevention led by the CJA area plan. Funded victims of crime in L&B through criminal mass of High risk by CJA ‘non core’/reducing reoffending budget (circa prolific offenders, specialist integration, rehabilitation in place bespoke £4.5m) and other partners (NHS/SPS/Police) high risk sex to the needs and risks of these offensers. offenders and high Strategic plan: CJA Area Plan risk violent offenders

Tertiary prevention led by CJA/CPP area Circa 2100 offenders in L&B per year who Task: prevent the circa 2100 people in L&B who plan. Funded by CJA ‘non core’/reducing re-offend, 50 women and 90 young people reoffend from building a pattern of reoffending. reoffending budget (circa £4.5m) and other who are in prison at any one time (based Strategic plan: CJA Area Plan and local partners (NHS/SPS/Police) on current performance levels). Community Plan/SOA

Secondary prevention led by CPP (CJSW/ Task: prevent the circa 7000 people in WSA). Funded by CJA core/justice service Circa 7000 offenders in L&B per year L&B who offended from reoffending. budget (circa £10.2m) Strategic plan: Community Plan/SOA

Task: prevent people in L&B engaging in an Primary prevention led by CPP. 960,000 people in Lothian and Borders offending lifestyle. Strategic plan: Community Plan/SOA

Recorded crime in Scotland Scottish Prison Service

From 2014/15 to 2015/16: The average daily prison population in 2015/16 was 7675; with 7271 being male and 404 female. 1494 Crimes recorded by the police in Scotland decreased of these were remand prisoners. by 4% from 256,350 to 246,243 from 2014/15 to 2015/16. This is the lowest level of recorded crime The average daily population for Lothian & Borders is 891. since 1974. In Lothian & Borders there was an 858 of which are men and 33 women. This accounts for 12% of the national prison population. overall 5% drop in recorded crime. (Source: Scottish Prison Service)

Crimes of dishonesty decreased by 9%, non-sexual crimes of violence increased by 7%, although this is still the second lowest level of these crimes since 1974. There has also been a 4% increase in fire-raising, vandalism etc. These crimes are also at their second lowest level since they peaked in 2006/7. (Source: Police Scotland)

Change over time What makes up Recorded Crime? Non-sexual Other crimes crimes of 4% 41% (24%) violence. (3%) Almost half of all recorded crime is Sexual made up of Crimes crimes. (4%) of dishonesty Fire-raising, Crimes of Since Since vandalism etc. dishonesty. 2014-15 2006-07 (22%) (47%)

Final Annual Report 2016-2017 10000 7 National 8000 8000 Lothian & Borders 6000 6000

4000 4000

2000 2000

0 0 Reconviction Rates

Lothian & Borders CJA area as a whole is consistently below the national average for 1 year reconviction rates.

40 40 Lothian & Borders National 35 35

30 30

25 25

20 8 9 0 11 3 4 1/12 2006/07 2007/0 2008/0 2009/1 2010/ 201 2012/1 2013/1 Edinburgh Sheriff Court interior.

The table below shows reconviction rates over ten years The CJA Board monitors performance quarterly against for Scotland, Lothian and Borders and with a breakdown by key indicators. The high level performance report prepared each of our local authority areas. for the final CJA Board meeting in February 2017 can be 40 found here. This incorporates reporting on our equalities indicators.

35 One year Reconviction Rates - Lothian & Borders CJA

All Scotland 3530 30 LBCJA F 25 East Lothian 25 E Edinburgh and Midlothian 20 20 Scottish Borders D

Percentage 15 West Lothian C 10 B 5 A 0 5 6 7 9 0 11 4 2004-0 2005-0 2006-0 2007-08 2008-0 2009-1 2010- 2011-12 2012-13 2013-1 Cohort Year

35 F 30 E 25 D 8 20 Lothian and Borders Community Justice Authority C 15 B 10 A 5 0 2004-052005-062006-072007-082008-02009-109 2010-112011-122012-132013-14 Achievements against Our 02 Shared Priorities

Women Survive and Thrive in Midlothian

In 2015, The Midlothian Criminal Justice Team Many women in the criminal supported the secondment of a female member “ of staff to the Willow Centre in Edinburgh. On justice system are frequent return from this secondment we met with staff from Psychological Services in Midlothian to consider reoffenders with complex developing the pathways for clients involved in the needs that relate to their social criminal justice system to access appropriate support and as a way of further embedding integrated circumstances, previous working across Health and Social Care. Further to this we provided a member of staff to co-facilitate histories of abuse and mental the ‘Survive and Thrive’(S&T) programme for clients health and addiction problems. across East and Midlothian. ‘Survive and Thrive’ is a psycho-educational course which is designed It has been widely recognised for clients/service users who are experiencing the psychological and emotional difficulties which can that there is an urgent need for result from life experiences often described as complex trauma. This includes all forms of childhood action to reduce the number abuse, domestic abuse and other forms of prolonged of women reoffending and or repeated, interpersonal trauma. The course delivers information on the range of effects of abuse going to prison.” and trauma and provides an opportunity to learn Commission on Women Offenders (2012) effective strategies to cope with these.

To date we have co-facilitated two closed S&T programmes which have been delivered to women in East and Midlothian; The service user experiences and service descriptions in this it is our intention to continue co-delivery with staff from section provide examples of the support being provided to psychological services. The benefits from this integrated women by services in Lothian and Borders. Those included approach have been threefold: have benefitted from the additional funding for services for women made available through the CJA. • supporting development of skills and knowledge in working with clients who have experienced trauma; “I was sent to Willow by the court. At first I felt I was being • building on current understanding of utilising strengths sent there as a punishment. When based approaches with clients to support positive changes I began, it made me realise I had to their lifestyles and to aid recovery problems. I used to think I was a victim, when I was offending. I • helping staff working with perpetrators to keep the ‘victim have since realised that I was the in the room’ in a more tangible way. The latter benefit had person responsible for my actions been strengthened through the team’s ongoing work as and others were being hurt; my part of the Caledonian System. The role of the Caledonian family and society. Without Willow I Women’s worker brings the historical and ongoing impact would not have realised. of domestic abuse to the fore and shapes our work with perpetrators of domestic abuse, in a way that is not as I have learnt a lot since I’ve come here. I straightforward when working with perpetrators of other am just getting through my problems now. types of violent and sexual harm. I wish Willow had been here years ago.” JM The worker involved has been able to share her skills (service user, Willow, Edinburgh) and knowledge with the team in terms of assessing and

Final Annual Report 2016-2017 9 supporting clients subject to statutory supervision in the The funded ReConnect project co-ordinator continues to be community, who may benefit from appropriate interventions utilised to organise the day to day management of referrals, available through Psychological Services. In addition to organising the Connection group, facilitating sessions along this, working alongside colleagues in Psychological Services with a social worker funded by Criminal Justice, liaising with has enabled us to inform and develop our responses to partner agencies and has provided the project with continuity clients who have experienced trauma. As noted above this and stability. integrated approach has provided workers with increased understanding of the impact of abuse on direct and indirect In July 2016 a senior social worker was recruited into the victims This increased understanding informs practice with Criminal Justice Social Work Team, with part of the role being perpetrators, by ensuring victims are ‘kept in the room’. the oversight and development of ReConnect. Thus far the work has involved increasing the referral pool by attending team meetings of local services. In the review period the ReConnect in the Scottish Borders worker attended the children and young people’s managers meeting and Borders Addiction Service. This service continues to strive towards the Commission on Women’s Offenders While data is being collected on the women attending ReConnect this data has not been analysed and processes recommendations, prioritising access for women need to be put in place to address this. However a snap shot who are at risk of offending. It is known from of women attending was taken on 6th September 2016. The research that these women often have multiple and four women who attended on this day all had experienced a complex needs requiring input from many agencies. form of trauma. Three had diagnosed mental health issues with the fourth woman feeling she had issues with low mood ReConnect currently has two group work programmes but had not sought support for this. None of the women available for women to access. “Connections” is a rolling 12 were currently open to a community mental health team week group work programme which is broken into morning referral however one was seeking further support for her and afternoon sessions with a healthy lunch provided in mental health through Borders Addictions Service. All of the between. The morning sessions have a CBT focus, including women had issues with difficult relationships and two had sessions on recognising expressions and emotions, emotion issues with alcohol misuse as a coping strategy. All of the regulation, distress tolerance, communication skills, thinking women are mothers with one having no current relationship about offending and preparing for the future. The afternoon with her adult children and the Children and Young People sessions involve a range of partner agencies delivering Department had had some form of involvement with the sessions. Within the review period to October 2016, other 3 women. The age range of the women attending was afternoon sessions have included inputs from: Addaction, between 21 and 59. Antisocial Behaviour Unit, Venture Trust, Borders Addiction Service, welfare benefits, rape crisis, domestic abuse outreach and sexual health. There have also been inputs Support for Women in West Lothian - on fire safety and survive and thrive. The women attending have also had the chance of a keep well health check. It is Case Study highly likely that the women would not have accessed the services or been aware of the support available had they not Ms G is a 53 year old female, in full time employment attended ReConnect. with no previous criminal record. She reported she had been in a relationship with the victim, Mr W for Due to continued funding the group has been able to move approximately 4 years. She said that Mr W had to alternative premises offering more appropriate space been repeatedly abusive to her and had assaulted for group work and a kitchen to allow the development of her daughter in February. She stated that this had cooking skills with Healthy Living Network. been the catalyst to her ending the relationship and moving immediately out of the shared home into emergency accommodation. Ms G stated that Mr W It is highly likely that the had changed the locks to her previous home of 24 years and refused to return any of her belongings. “women would not have Four months following the separation, Ms G admitted that she had committed the act of vandalism, which accessed the services or led to her referral for diversion.

been aware of the support Following consultation with the team manager four areas of support were identified, listed below with their outcomes available had they not following 4 meetings over a 3 month period: attended ReConnect” • 1 to 1 work on anger management – Ms G engaged well with cognitive behavioural work completed on anger

10 Lothian and Borders Community Justice Authority management. She was able to demonstrate her ability working to support young people both in Polmont to use the techniques from worksheets in subsequent and after their release. meetings when discussing her ongoing civil case. • Encourage engagement with GP for mental health The process of managing this initiative was conducted support: Ms G provided evidence that she had attended through quarterly operational and partners’ meetings and her GP and was in receipt of a low dose anti-depressant. supported by the LBCJA. During diversion she acknowledged that her low mood had impacted upon her decision making at the time of the Strengthening engagement between all organisations offence. Information on the practice of mindfulness was involved in the protocol has been critical. An important also provided during diversion. aspect of this development has been integrating new services as they were introduced. This has included the New • Referral to Almond Project - Ms G was provided with information about the Almond Project and referral details. Routes mentoring service and the Edinburgh and Midlothian Ms G stated that through diversion she felt she had Offender Recovery Service (EMORS). In 2015, the Scottish addressed her experience as a victim of domestic abuse Fire Rescue Service became Protocol partners, delivering and her related negative behaviour, so she did not require a Fireskills Employability Programme (FEP) in HMYOI further support at this time. Ms G stated she was aware Polmont, recognised by the Scottish Credit and Qualifications she could utilise this support at any time in the future. Framework (SCQF). An external evaluation of the protocol was commissioned by LBCJA in 2014 that focused primarily on partner and service Young People user perspectives and considered the development and operation of the Protocol. In parallel, LBCJA implemented “Where children are involved in or at risk of a monitoring template and training was given to partners offending, evidence and experience tells us that we on how to use it for collecting information. The Edinburgh must remain committed to an integrated approach – Sheriff Court, HMYOI Polmont and criminal justice social tackling deeds while taking account of wider needs.” work services were very active and supportive in collecting Preventing Offending: information to monitor progress. In 2016, a second phase of Getting it Right for Children and Young People (2015) the protocol evaluation was conducted, using a quantitative approach. The results of these evaluations were presented Getting it Right for Children and Young People and the to the LBCJA Board in February 2015 and August 2016 Whole Systems Approach emphasise prevention, early respectively. intervention and as much as possible keeping young people out of custody. When young people have offended and may be sentenced to custody, co-ordinated support to help them make the transition from custody to community is crucial. Aye I would [stay in touch]. It The examples of work undertaken to support young people “ away from offending described here include a multi-agency is quite a thing for me when protocol developed by CJA partners to support reintegration back into the community following a period of custody and an I go outside…I want to keep early intervention service in West Lothian. myself clean and get a job, Young People’s Reintegration Protocol start a new life when I get out.” Thomas, 18, Polmont The Young People’s Reintegration Protocol was launched by the Lothian and Borders Community Justice Authority (LBCJA) and a large number of “I dinnae want to get outside and be left working with partners in May 2013. Its aim is to reduce youth naebody cos I know I’ll still get in trouble, so I am going to voluntarily work with (throughcare provider)”. reoffending in Lothian and Borders, by ensuring Lewis, 18 that every young person from the area who is leaving HMYOI Polmont after a short custodial Overall, the Protocol has been an important tool in sentence, whether or not on license, has the addressing future offending and has succeeded in helping opportunity of a planned release arrangement, more young people returning to communities in Lothian and linked with appropriate resources. Informed by the Borders from HMYOI Polmont, to gain access to integrated post-release support. It has clearly demonstrated the value Whole Systems Approach (WSA) and the Getting of multi-agency partnership approaches for dealing with It Right for Every Child (GIRFEC) framework, the complex needs. However, the work around the Protocol Protocol coordinates support for young people has highlighted that there is still work to be done in terms between partner agencies, setting out roles and of developing more robust partnership structures to ensure responsibilities for organisations and personnel effective support with re-integration. This will be a key area

Final Annual Report 2016-2017 11 for the new model for community justice in Scotland. Case study:

It is a good model. Definitely…If everybody does their bit in Young person A (aged 15 years) was referred to EEI that“ model, ourselves, the personal officers, the lead officers, there’s a thorough pre-release, right, the guy engages, for a first offence of shoplifting and alcohol misuse. there’s nae reason why the model wouldn’t work. But if any of The meeting heard from Police, Housing, Health and that breaks down, then it is going to be hard.” Education and the case was given to West Lothian Youth Action Project (WLYAP) - third sector. Education Links: The Protocol reported a serious deterioration in school and this The first evaluation summary became a school refusal. The family had complex The second evaluation report problems, involvement in criminality, and a younger sibling (aged 9 years) had chosen to leave the house and live with relatives. WLYAP started 1:1 intensive Early Intervention Case Study work and support for A to gain A’s trust and build up A’s West Lothian self-esteem, which was very low. During this time A’s parent died in prison and WLYAP continued to support The Early and Effective Intervention process (EEI) A through their vulnerable young persons’ group. is designed to keep children and young people Inputs included resilience work, consequences of aged 8-17 years who have offended out of the substance misuse and offending and managing peer statutory system where possible. Based on GIRFEC pressure. Help was given with college applications principles, this holistic approach ensures that and A has now secured a tenancy, a part time college immediate, appropriate and proportionate supports place and part time employment. A has not reoffended. are provided at the right time to prevent further offending, or in some cases an escalation into a cyclical pattern of offending.

The multi-agency group led by Social Policy, includes DASAT, Housing and Whole Family Support, Police Scotland, Education, Health, the third sector and SCRA. Police reports are considered at the weekly meetings and input from each group member is given on the issues around for each young person. Decisions can range from a formal police warning, to a referral to SCRA, with a wide range of interventions in between to address need and risk. Families From 1 April 2014 - 30 June 2015, 135 young people were referred to EEI. 126 of those received an EEI intervention and 9 were referred onto SCRA and/or Children and Families. Of those receiving an intervention, the following Families affected by percentages did not reoffend: “ imprisonment face a process April 2014 - April 2015 - March 2015 June 2015 of grief and readjustment

Q1 94.7% Q1 81% throughout the course of arrest, trial, imprisonment and release. Q2 92% They often have difficulty Q3 87.2% getting the information and Q4 85% support they need to make

In 2016, to 23 November, 141 young people have been them feel in control during referred to EEI and are being monitored for reoffending during the next 12 month period. Any non-engagement is periods of crisis and stress.” picked up and returned to EEI for further consideration. Families Outside

12 Lothian and Borders Community Justice Authority Framework for the Support of Families in June 2016, Lothian & Borders CJA commissioned Families Outside to work in more depth with Scottish Borders as Affected by the Criminal Justice a pilot area. Further work includes training for relevant agencies; development of a self-assessment tool for use with System the Framework; work with student interns to develop agency- specific templates; and instigation and facilitation of the The Framework for the Borders Families Outcomes Group. Support of Families Affected by the Criminal The Framework is now part of the core training from Families Justice System is Outside and informed the development of national standards intended for use across for Prison Visitor Centres throughout Scotland. It has also various settings and been introduced at workshops for the Independent Prison Monitors and at the launch of Community Justice Scotland, circumstances, by among others. It also forms the core of the forthcoming SPS any agency directly or Family Strategy. The CJA has lodged the Framework onto indirectly involved in the Knowledge Hub for transition to Community Planning the support of families. Partnerships, and Regional Family Support Coordinators for It describes an ideal Families Outside link with CPPs at a local level to ensure standard of support for awareness and support implementation. The Borders Families Outcomes Group will be working through the remainder of families affected by the 2016-17 to continue implementation of the Framework and to criminal justice system. ‘test run’ new support materials for families. By encouraging multiple agencies to work towards the same family-focused Families Framework and supporting document outcomes, the Framework contributes to good, consistent practice in the support of families, and ultimately to support positive life outcomes for every Public Protection family affected by the criminal justice system. The Lothian & Borders CJA Families Outcome Group The multi-agency approach to developed the Framework to ensure relevant agencies are aware of the impact of the criminal justice process on “ managing high-risk offenders is families and what individual agencies’ roles are in supporting families at this time. Consultant, Adelle Gardiner organised effective because professionals the Framework under three key principles, namely: • Family members are not guilty; working together can achieve • Every family is unique; and far more than any one agency • Multi-agency working is key to successful outcomes acting alone. All Multi Agency The aim of the Framework is to support positive life outcomes for families affected by the criminal justice system, Public Protection (MAPPA) achieved through four key aims: partners in Edinburgh, the • Families are included and engaged; • Families are connected; Lothians and Scottish Borders • Families are safe and well; supported by put public protection at the • Informed practice. forefront of practice. Our utmost The Framework highlights families’ needs at every stage of the justice process as well as what various (named) agencies can priority is to keep the public safe, do to support families within their remits. It also comes with a Supporting Document that shows the origin (generally research particularly the most vulnerable or legislation) of each standard within the Framework. members of our communities.” With the Framework published under the auspices of all eight Michelle Miller Community Justice Authorities in 2015, 2016-17 focused on Chair, Edinburgh, Lothians and Scottish Borders its implementation. Starting with CJA-wide training on the Strategic Oversight Group use of the Framework at a Learning & Innovation Workshop

Final Annual Report 2016-2017 13

The danger presented to children and adults from people who are strangers is extremely low. Re-offending by registered sex offenders is also low. Of the 915 registered sex offenders managed in Lothian and Borders between 1 April 2015 and 31 March 2016, 11 (1.2%) were convicted of further sexual offence. We recognise that the impact on victims can be profound and our staff are determined to reduce both the risk posed by these offenders and the likelihood of re-offending.

Source: MAPPA Annual Report 2015-16

Our local Offender Management/Reducing Re- Convictions for Sexual Offences by offending Committees govern the delivery of MAPPA,Convic ensuringtions wefor provide Sexual an Offencesintegrated by CommunityCommunity Justice Justice Authority Authority public protection strategy. As a result of this Sexual offences have received significant attention local overview, we are confident that MAPPA are Sexual offences have received significant inattention recent years. in recent Trends years.in convictions Trends for sexual in convictions for working effectively and make a critical contribution offences by Community Justice Authority (CJA) are to keepingsexual individualsoffences andby communitiesCommunity safe. Justice Authority (CJA) are presented below. A three year presented below. A three year average has been average has been presented to obtain a clearerpresented picture to obtain of athe clearer trends picture. of the trends. MAPPA have enhanced relationships and partnership working between all the key agencies engaged in protectingThese the figures public. They are have taken played from a critical Trends role andThese Projections figures are takenof the from Number Trends and Projectionsof Sexual of Offences in in cementingScotland particularly which strongoutlines and effective trends working in sexualthe offenceNumber of Sexualconvictions Offences inover Scotland the which last outlines ten years in between Police Scotland and Criminal Justice Social trends in sexual offence convictions over the last ten years Work.Scotland The Joint Thematicas measured Review of thMAPPArough in Scotlandthe Scottish in Scotland Government’s as measured throughCriminal the Scottish Proceedings Government’s database . published in November 2015 concluded that a range of Criminal Proceedings database. It also provides some skilledIt also professionals provides are workingsome effectivelyprovisional on a projectionsday- provisional for the projections next three for the nextyears. three years. to-day basis to protect communities from harm through sharedThe responsibility number and of good people information convicted exchange. of sexualThe number offences of people convicted (excluding of sexual offencesoffences related to The review team recognised the work undertaken by NHS (excluding offences related to prostitution) have nearly Lothian’sprostitution) Sex Offender have Liaison nearly Service, doubled which provides in th e lastdoubled four in theyears; last four up years; from up from511 511 in in 20102010-11-11 to to 1,000 in 1,000 in 2014-15. Figures show increases in convictions clinical2014 support-15. to policeFigures officers show and increasessocial workers in convictions for each CJA, particularly for Glasgow and managing those offenders who present a serious risk of for each CJA, particularly for Glasgow and North Strathclyde harm.North Strathclyde and Lanarkshire whichand Lanarkshirehave seen which havethe seenlargest the largest proportional proportional rises in rises in convictions for sexual offences since 2010-11. Theconvictions danger presented for to sexual children andoffences adults from since people 2010 -11. who are strangers is extremely low. Re-offending by Please note that the location of the CJA is based on the registeredPlease sex note offenders that is thealso low.location Of the 915of registeredthe CJA locationis based of the oncourt the in which location the case of was the heard court and not in which the sex offenders managed in Lothian and Borders between 1 where the accused lives. The green dotted line “not known” Aprilcase 2015 andwas 31 Marchheard 2016, and 11 (1.2%)not wherewere convicted the accuseddenotes highlives. court cases,The whichgreen are moredotted likely toline be for “not known” of a further sexual offence. We recognise that the impact cases of rape or the most serious sexual assault. (Source: on denotesvictims can behigh profound court and cases, our staff which are determined are more Scottish likely Government) to be for cases of rape or the most serious to reducesexual both assault. the risk posed (Source: by these Scottish offenders Government)and the likelihood of re-offending.

Source: MAPPA Annual Report 2015-16

18

14 Lothian and Borders Community Justice Authority Caledonian System - a briefing practice manuals are to be accredited for the first time, recognising the importance of the systemic approach. Work regarding the response to the Ipsos will also be undertaken around considering options to increase the capacity of the existing hubs to work with more men and MORI evaluation report considering options regarding further roll-out of the Caledonian System as and when further funding becomes available. The Caledonian System is an integrated approach to address men’s domestic abuse and to improve In order to take this work forward, a small team of experienced the lives of women, children and men. The men’s domestic abuse practitioners will be put in place. This will be programme is an intervention designed to bring headed up by Rory Macrae, who co-authored the writing of about behaviour change in men convicted of abusing the Caledonian System and has continued as the Caledonian women partners. Services are also offered to (ex) professional advisor to the government. Rory is employed by the City of Edinburgh Council and has worked with perpetrators partners to increase their wellbeing and safety. of domestic abuse since 1991.

The men’s programme is accredited by the Scottish Advisory This will consolidate the ambitious work which has been carried Panel for the Rehabilitation of Offenders (SAPOR) and is out in the first six years of the Caledonian System, working based on a systematic and comprehensive review of the risk with the perpetrators of domestic abuse to reduce their risk and factors identified in the research literature. increase the safety and wellbeing of women and children. Rona Fraser, The Caledonian system is funded by the Scottish Criminal Justice Sector Manager, City of Edinburgh Council 28.10.16 Government; the men’s programme is funded by Justice and the women and children’s services by the Violence Against Women and Girls Fund. It has been delivered in four ‘hubs’ Prolific Offenders across Scotland since 2010, including the City of Edinburgh, although Edinburgh has delivered programmed interventions to perpetrators of domestic abuse since 1991. 1% of offenders are responsible for around 10% of crime (LBCJA Area An evaluation of the Caledonian system has been completed by Ipsos MORI on behalf of the Scottish Government. The Plan, 2014-2017). In consulting with Scottish Government published the ‘Caledonian System partners about our shared priorities, Evaluation: Analysis of a Programme for Tackling Domestic Abuse in Scotland’ in November 2016. New funding for 90% agreed that addressing prolific Caledonian of £359,372 (up to March 2018) was announced offending should be a top priority. by the Cabinet Secretary at the Scottish Association for the Study of Offending Conference on the 4th November. Alcohol Problem Solving Court The Evaluation Report indicates that whilst there has been good and effective work by the Caledonian system to reduce Alcohol sales in Scotland are 20% higher per capita risk and increase wellbeing and safety, some further work than England and Wales. A disproportionate number is required to improve consistency of practice, completion of people in the criminal justice system have mental rates and data gathering to assist in the evaluation of outcomes and to increase strategic and national focus to health problems and problems with drug and alcohol monitor hub performance and drive forward the development misuse. 50% of Scottish prisoners were drunk at the of the programme. The Men’s manual also requires to be time of their offence. Short-term prison sentences reaccredited by SAPOR to take account of developments in are ineffective, with a 66% reoffending rate. practice and recent research. The Women and Children’s These stark statistics are the backcloth to the development of an alcohol problem solving court pilot in Edinburgh. The pilot was developed in response to a request from Sheriff Frank ...whilst there has been good Crowe, and after discussions with partners, including the City “ of Edinburgh Council, NHS Lothian, Police Scotland, and and effective work by the Lifeline, it was agreed to test a problem solving court with an alcohol focus commencing in February 2016. The target Caledonian system to reduce group is males over 18 years of age who have a pattern of alcohol related offending resulting in frequent appearances risk and increase wellbeing in Court. They should be appearing on summary procedure and assessed as suitable for a Community Payback Order. and safety, some further work Domestic and sexual offences are precluded. is required...”

Final Annual Report 2016-2017 15 The elements of the process are: making and confidence in other public sector and third • Quicker assessment (the court has a report within 7days) sector partners; • More focused assessment (using an alcohol checklist) • Team members and partners, focusing on the impact of adopting a problem solving approach to their decision • Use of Community Payback Order legislation (supervision making and confidence in the judiciary, public sector and requirements) third sector partners; • Partnership work • Community members, which we hope will evidence an • Holistic response enhanced understanding of the court process, greater involvement in problem solving justice approaches • Judicial oversight (use of reviews) and higher satisfaction levels due to the expediency and effectiveness of the court process and related A number of partners are involved in the delivery of services, interventions/sanctions. including Lifeline, Recovery Hub Groupwork, Recovery Hub Detox, Peer Support, ELCA Counselling, Criminal Justice The evaluation is being carried out by Debra Bowyer, Groupwork (Men’s Project), Violent Offender Watch, and Research Psychologist supported by Siobhan Kielty, Interpersonal Therapy (IPT) Assistant Psychologist. An analysis of the qualitative data on client and stakeholder experience and perceptions will be By the start of November 2016 there had been 48 report considered early in 2017 and at the same time processes for requests on 31 service users and 14 Community Payback quantitative data collection and analysis will be put in place Orders had been made. The capacity for the pilot is 20 orders. for the next stage of the evaluation in 2017/18. An interim report and findings will be presented to the Lothian and The achievement of the aims will be evaluated using: Borders CJ Board on 9 February 2017.

Quantitative data analysis in relation to key indicators including: The plan focussed on Reduce reoffending “developing structure in Mr A’s • reduction in number of individuals committing multiple offences life, including working on social • increase in the number of CPOs with alcohol focus networks, employability ...” • increase in public satisfaction with the justice system

Impact positively on the defendant’s health and wellbeing Alcohol Court Case Study • reduce alcohol dependency • increase uptake of education, volunteering and Mr A is a 48 year old man, who is subject to a employment 12 month Community Payback Order (CPO) (supervision requirement) made through the Alcohol • reduction in harmful consumption of alcohol Problem Solving Court. Regular progress reports • improvement in mental health were also requested by the Sheriff so that Mr A’s • improvement in physical health progress could be monitored. Swifter delivery of the • reduction in A&E attendances court report enabled Mr A earlier access to support, services and interventions. Reduce the use of imprisonment During the assessment process Mr A advised that all of his • reduction in the number of repeat incarcerations past offending occurred whilst under the influence of alcohol or in order to raise funds to purchase alcohol. He also Cost-effectiveness advised that a number of his peers used alcohol and that he had limited support from them and family members. Further • A cost benefit analysis will be carried out risk assessment identified criminal history, use of time, companions and alcohol as the key criminogenic needs. Qualitative approaches, including narratives and themed There was evidence to suggest that Mr A had a history of analysis from: non-compliance with previous Orders and non-engagement • People who have been sentenced, focusing on the with services. However he expressed clear aspirations to changes they have made due to the decision of the change his life and had insight into the need to change and problem solving court; was therefore assessed as suitable for a CPO. The plan • The judiciary and court officials, focusing on the impact focussed on developing structure in Mr A’s life, including of adopting a problem solving approach to their decision working on social networks, employability and outlined

16 Lothian and Borders Community Justice Authority how Edinburgh and Midlothian Offender Recovery Service work undertaken is being produced before the end (EMORS) would take a lead role in supporting Mr A to access of this financial year, action plan updates have been and sustain engagement with services that would support prepared for the period April to December 2016. him to address his alcohol use. These can be accessed on the CJA website. Inclusion of the senior practitioner from EMORS in the first case manager appointment enabled a shared discussion Venture Trust in Lothian and Borders and agreement of the case management plan, clarifying roles and responsibilities. Regular communication between Venture Trust helps individuals overcome the the supervising social worker and EMORS and attendance complicated or chaotic life circumstances they by EMORS at CPO supervision reviews, allowed for face by developing self-confidence and motivation close monitoring of the case management plan and also and challenging destructive and anti-social facilitated a more responsive approach to supporting Mr attitudes. Venture Trust encourages and supports A, for example the implementation of an alcohol diary and referral to Turning Point when Mr A’s alcohol use increased the development of life and work-based skills, to mid-point of his Order. The submission of regular progress instigate long-term behavioural change. reports to the Court provided the Sheriff with not only oversight of Mr A’s progress, but allowed him to develop a Programmes have three key phases and the content of each motivational relationship with Mr A which encouraged and is tailored according to different client groups. The duration of promoted change. This model of speedier assessment/ the wilderness journey is between 5 and 10 days and varies sentencing, partnership working and oversight by the Sheriff depending on the course. has positively impacted on Mr A’s engagement with both supervision and with services which, in the longer term, will achieve more positive outcomes for Mr A. Lothian and Borders 2010-2016 2015-2016

CJA Action Plan 2016-2017 – Number of Referrals 221 43 Progress Reports Numbers Engaging 224 62

No. of Wilderness The CJA Action Plan 2016-2017 covers the period 144 26 up to 31 March 2017. As this final CJA report on Participants

Final Annual Report 2016-2017 17 Managing Our Resources to Deliver 03 Better Outcomes

One of the major responsibilities of the CJA is work carried out by those undertaking CPOs can be allocating and ensuring the effective financial found here. management of Section 27 funds invested across the five constituent authorities of Lothian and Across the 5 areas of Lothian and Borders in 2015-2016 Borders. This funding is provided to the CJA by there were 2,263 Community Payback Orders involving over 150,000 hours of unpaid work being carried out. This work Scottish Government in accordance with Section benefitted charities, community centres, churches, schools 3 of the Management of Offenders etc (Scotland) and involved environmental improvements to parks, beaches Act 2005, under sections 27a and 27b of the Social and woodland. Work (Scotland) Act 1968 as amended. The use of this funding is monitored throughout the year by the The case study below describes how CPOs have developed, CJA Chief Officer and Treasurer with reports being especially in respect of the unpaid work component and highlights the positive impact this can have. made to the CJA Board and Scottish Government quarterly. With the introduction of Community Payback Orders in 2011 the ethos of Unpaid Work changed to one which placed an In 2016-2017 the total Section 27 funding received by emphasis on providing clients with an opportunity to make Lothian and Borders CJA is £15,696,425. This has been reparation for their offences whilst also emphasising the need allocated across the region as follows: to rehabilitate and reintegrate clients into their communities.

The other activity component of Unpaid Work provided Local Authority Area Allocation for 2016-2017 clients with an opportunity to engage in activities that would have a positive impact on their lifestyle and living skills. City of Edinburgh £9,595,641 Our team formed a successful partnership with Newbattle Abbey College to improve access to education and increase Midlothian £955,538 the client’s employment opportunities by undertaking a taster course in rural skills as part of the ‘other activity’. This East Lothian £1,298,387 continues to be a successful partnership which has helped improve the prospects of many clients. West Lothian £2,612,999 However, this partnership alone did not meet the needs of all Scottish Borders £1,230,860 unpaid work clients and in January 2016 one of our Unpaid Work Supervisors developed an emergency first aid course. This course aimed to improve clients’ self-esteem, develop A significant proportion of these resources are used to teamwork skills and also improve their integration in their support Community Payback Orders and other court communities as they would be able to respond to emergency mandated activities such as the provision of Criminal Justice situations. The course was initially based on the British Heart Social Work Reports to the courts, support for DTTOs, home Foundation Heartstart training, which aimed at increasing the detention curfews and throughcare support for those leaving number of people trained in basic first aid to help improve custody. A proportion of this funding also supports a range the likelihood of recovery for those who suffer a heart attack of other programmes aimed at reducing future offending or stroke. Our Supervisor, who is also a qualified trainer in including specialist services for women, drug and alcohol lifesaving, further developed the course to include other basic recovery services and employment support services. first aid skills and will continue to develop the programme to include defibrillator training as this equipment is now widely available in communities. Since January 2016 clients have Community Payback Orders in Lothian completed the course and received a certificate from the and Borders British Heart Foundation. Feedback has been extremely positive with one client in particular suggesting that all clients should attend the course as part of their Court Order. Another A summary of the number of CPOs delivered in client reported using the knowledge he had gained when his Lothian and Borders during the last full reporting child started choking one meal time. year (2015-2016) and description of some of the

18 Lothian and Borders Community Justice Authority 04 Learning and Developing

Since 2011, Lothian and Borders CJA have run Leading up to the workshop, Lothian & Borders Community Learning and Innovation Workshops for a wide range Justice Authority brought together the 5 local authorities in of participants from within the region and beyond. Lothian and Borders, the Scottish Prison Service and other key partners, to consider the best way to utilise the protocol These have been offered regularly on the morning to support improvements in the provision of housing and as of the CJA Board meetings held quarterly, with part of community reintegration planning for people leaving additional workshops at other times. Places at the custody. The protocol focusses on support for short-term workshops are available to any staff or volunteers prisoners i.e. those serving less than 4 years in custody. from partner agencies and students from colleges and universities in the region studying criminology, The main objectives of the protocol are to reduce re- offending and returns to prison by: social work and related subjects. The University of Edinburgh and Napier University have been close • preventing homelessness occurring when a prisoner is partners in our learning and development activities. released; During the transition to the new model, a number • assisting prisoners to have their accommodation needs of community planning partners have participated. met; These workshops were designed to generate • supporting re-integration and resettlement of prisoners discussion and debate and inform CJA partners on a into the community following release from prison; range of current and common challenges. • reducing repeat homelessness and increasing tenancy sustainment. Themes covered by the workshops include: This protocol details the roles, responsibilities and processes Families affected by the justice system, youth justice, victims to be followed by each of the partners in ensuring that of crime, prolific offending, substance abuse, working with housing needs are met at the following stages: communities, managing performance, electronic monitoring, • Pre-sentence report stage welfare and benefits, housing, applying improvement methods and using knowledge, evidence and research. • Post-sentence stage • On reception into prison Notes of the workshops are produced as a record for participants and as a learning resource for others and placed • During custody on the CJA website • After release from custody

Workshop notes Partnership Tasks • On admission, prisoners will have their housing status The Lothian and Borders CJA Housing identified. • Where there is an existing tenancy, an agreement will be Protocol reached with the prisoner and all agencies involved as to the most appropriate course of action. The Lothian and Borders CJA Housing Protocol was first developed with partners in 2010 to ensure • Staff within the prison will have sufficient information and training to be able to make appropriate and timely referrals better housing outcomes for those returning to the to community-based services. community from custody. Given the importance of housing in supporting desistence from offending • Partners will work together effectively to resolve housing problems, preferably without the need for a homeless and the continued problems with improving housing application to be made. outcomes, a learning and innovation workshop • Where a re-housing requirement has been identified, the was devoted to this. As well as hearing from a required housing and support needs referral will be made range of expert speakers on housing, it provided a minimum of 2 months before discharge where possible. an opportunity to review and refresh the housing • The five local authority partners will meet legal obligations protocol. to prisoners in respect of homelessness and where

Final Annual Report 2016-2017 19 required will make temporary accommodation available on The programme is based on the need to develop both sides the date of release. of the employment equation. When commissioning service • Shortfalls in resources will be identified through regular delivery, this frequently only supports employability, missing meetings of the Planning Group. the need for the employer to have the confidence and empowerment to employ those disclosing convictions during the recruitment process. This transitional network seeks to empower all those it engages with as ambassadors to take The Legislation forward honest and positive messages about employing people with convictions. The Housing (Scotland) Act 2001 requires local authorities to provide advice and information about: An employers’ breakfast network meeting was held at • Homelessness Edinburgh City Chambers in February 2016 and was followed by a package of training for caseworkers and • Services which may help a homeless person or assist in employers held in each of the Lothians. Another will take the prevention of homelessness. place in February 2017.

The Housing (Scotland) Act 1987 as amended by the The project has been supported by each of the CJA’s local Homelessness etc. (Scotland) Act 2003 sets out the authorities, Department of Work & Pensions, NHS Lothian, categories of homeless people who have a priority need for Virgin Trains, Greggs the Bakers and others from the private, accommodation and who may be vulnerable because of public & voluntary sectors. their particular health or social circumstances. People who have been discharged from prison are one of the categories At the time of writing the network concept has been well identified for whom local authorities have a responsibility to accepted and a two year programme to continue the legacy determine their level of vulnerability. of Community Justice Authorities has been commissioned by Scottish Borders Council with discussion underway with the Accommodation Protocol remaining local authorities.

Supporting Employability Intiatives in Lothian and Borders : Recruit With ...it reinforces wider inclusion Conviction Development Networks “and diversity practices.” Why would you employ people with a criminal record?

Offender Stereotype Anxiety causes unfairness and misses untapped potential. Employers such as Virgin, Timpson and NHS Lothian understand this. Do you? Training and Development Officer

Recruit with Conviction asks employers questions like this The Lothian and Borders Training and Development to stimulate conversations about increasing employment Officer (TDO) continues to deliver the local training opportunities for people with convictions who account for 1 in 5 plan to meet the needs of staff involved in the of the working age population. The aim is for the conversation delivery of criminal justice services including; social to cascade to the widest possible network of stakeholders so workers, community payback officers, resource that it reaches recruiters in small and large organisations. workers and health staff. The TDO also continues By understanding the practical and attitudinal barriers to to contribute to the National Training Plan in employing people with convictions employers also improve collaboration with counterparts across the country. their recruiting techniques to select the right person with the right attributes rather than through subjective criteria. In other Although Community Justice Scotland comes into effect on words it reinforces wider inclusion and diversity practices. 1 April 2017, there is still a great deal of work to be done before the hub for Innovation, Learning and Development is The Recruit With Conviction Development Networks in a position to take responsibility for the National Training are based upon these simple principles and a process Plan. In acknowledgement of this, the funding for TDOs has of continued action research refines the learning and been extended beyond 1 April 2017 for a further 6 months to experience with employers, caseworkers and people with help enable the transition. convictions themselves. There remains uncertainty about the future of the TDO role, The Lothian and Borders Community Justice Authority but as the Lothian and Borders TDO worked across the 5 programme has built upon this learning from across the UK, authorities prior to the establishment of CJAs in is anticipated Europe and its own support of the pilot programme during that this arrangement could continue in the future. 2014/15 and 2015/16.

20 Lothian and Borders Community Justice Authority 05 What next?

The Community Justice (Scotland) Act 2016, introduces a new model for community justice that places responsibility and accountability for community justice strategic planning and outcomes improvement on a defined set of community justice partners working locally and on a new national body, Community Justice Scotland, from 1 April 2017. This model replaces the 8 regional Community Justice Authorities in Scotland, which will be formally disestablished on 31 March 2017.

The transition period includes a shadow year with 5 local community justice partnerships developing in Lothian and Borders from 1 April 2016 to 31 March 2017 and the new national body, Community Justice Scotland beginning its development from October 2016. During the transition period Lothian and Borders CJA has continued to fulfil its statutory and regulatory responsibilities and has been assisting community justice partners as they develop new partnership structures and processes, with the development of transition plans for 2016-17, and with the preparation of the first outcome improvement plans for 2017 onwards. At the same time, preparations are being made by LBCJA for The CJA team helped arrange the National Strategy event at Edinburgh Zoo. disestablishment. • facilitating exchange of knowledge and experience amongst the 5 Transition Managers via regular meetings Partnership support during transition of this group; Support during the transition period provided to our • facilitating consideration of transition issues amongst partner agencies at quarterly Strategic Officer Group partners in the 5 partnership areas in Lothian and meetings and at CJA Board meetings. Borders both individually and at a regional level includes: • assistance with considering appropriate governance CJA Disestablishment arrangements, • advice on carrying out needs assessments and other A transition plan and business continuity plan for research and analysis to support planning, and provision LBCJA guide the activities necessary to disestablish of available data; the authority. Detailed progress is reviewed weekly • advice on developing appropriate performance by the CJA team and reports provided quarterly to frameworks, the CJA Board. All activities are on track.

• opportunities for knowledge transfer and capacity Change has become a constant in all areas of public building through quarterly LBCJA learning and innovation service, including justice, and there is much to do to address workshops, contributing to local events as requested and inequalities, make Scotland a fairer society and improve provision of information; the lives of individuals. It is to be hoped that the reforms to • highlighting issues arising with the transition with relevant community justice underway take us some way closer to agencies and redesign workstream groups; achieving those goals.

Final Annual Report 2016-2017 21 Appendix 01 The CJA - Who We Are

Lothian & Borders Community Justice Authority Members from May 2012.

Councillor Catherine Johnstone Councillor Donald Grant Councillor Tony Boyle Midlothian (Convenor) East Lothian (Vice Convenor) West Lothian

Councillor Ricky Henderson Councillor Donald Moffat City of Edinburgh Scottish Borders

Fiona Young Cristina Ayala Erica Guiney Andrea McLachlan Chief Officer Policy and Administrator and Policy and Administrator and Policy and Performance Analyst Performance Analyst Performance Analyst

22 Lothian and Borders Community Justice Authority Final Annual Report 2016-2017 23 Lothian & Borders Community Justice Authority Scottish Borders Area Office Rosetta Road Peebles EH45 8HG

Phone: 01721 726314 Fax: 01721 726309 E-mail: [email protected]