Report released on barriers and solutions for restorative justice delivery
Why Me?, the victims’ charity, has released a report into the barriers facing provision of restorative justice, and possible policy and practical solutions to overcome these barriers. The report identifies problems with data sharing and statutory obligations, poor public understanding and a lack of information provided to victims, the effects of transforming rehabilitation and the role of police forces and PCCs as the biggest barriers to increasing the delivery of restorative justice in England and Wales.
Data sharing and statutory obligations
Due to data protection laws, agencies often find it hard to find victim and offender contact details, which are needed to deliver restorative justice. This is particularly true for small and non-statutory agencies. Why Me? also notes the importance of restorative justice providers speaking to possible participants directly rather than a request being passed through other agencies. Referral systems are underdeveloped - understanding and clarity about when restorative interventions can be used is not good enough.
To solve this issue, the report proposes that the Ministry of Justice (MoJ) produces a national data sharing agreement template. This would be promoted internally in major agencies, and externally by the Restorative Justice Council. The agreement could be adapted for each local area.
They also recommend that police forces and offender agencies are trained by third sector organisations to address the skills and awareness gap around restorative justice, especially in relation to the existing victim code. Distinct and clear referral systems need to be established to support this learning.
Victim take up
The report notes that agencies are not following the Victims’ Code which requires agencies to inform victims of restorative justice. They therefore follow the RJC’s recommendation to embed a right to restorative justice in the new Victims' Bill and greater communication of the benefits for victims of crime. The report recommends MoJ funded training for victim agencies and services working with victims of domestic violence and sex offences in order to develop and deploy best practice restorative justice. Victims' agencies should have a contractual obligation to inform and engage victims in restorative justice.
It also notes the need for greater awareness among the general public – RJC polling showed that only 30% of the public knew what restorative justice was. They suggest that a sustained public media campaign to promote good news stories should be carried out.
Transforming Rehabilitation
The report notes that the Transforming Rehabilitation changes to probation services have disrupted provision of restorative justice. Why Me? note that this is starting to mend itself but that the MoJ could help by monitoring provision of restorative justice within the new community rehabilitation companies.
Transforming Rehabilitation has caused an upheaval which may mean new people in post at the NPS or CRCs are not trained in restorative justice. Silo-working and funding-led restrictions on which agencies can provide victim and offender led restorative justice are also problematic.
Recommendations to overcome these barriers include the MoJ commissioning an annual independent monitoring report on restorative justice provision by PCCs, the NPS and CRCs; establishing guidance on success factors for restorative justice and providing expert advice for PCCs to establish partnerships, and making recommendations to Ministers on how to break down funding silos and improve victim access.
Police and Crime Commissioners
The report highlights the role of PCCs and the funding they have received to provide restorative justice in their areas. Why Me? note that there is varying engagement among PCCs and that the funding has not yet resulted in a large number of cases. They propose that the MoJ continues to make a central investment in implementation, and continues raising awareness of the impact of restorative justice among PCCs and other police agencies for another year.
They also recommend a public awareness campaign about how restorative justice works, which will help to solve the problem of police using restorative justice incorrectly as community resolutions.
Throughout, the report recommends promoting multi-agency collaboration to PCCs. It also recommends targeted communications at professionals dealing with victims, and MoJ funded development of victim awareness restorative justice courses for police forces, prison staff, CRC and NPS staff.
You can read the full report here.