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thbank Mosaics 2012 REPORT How to Improve Restorative Practices for Yong People April to July 2013 Tracey Ford Founder and Executive Manager JAGS Foundation www.jagsfoundation.org A travelling Tracey Ford ACKNOWLEDGEMENTS: With this fellowship from The Winston Churchill Memorial Trust and The Rank Foundation, I embarked upon a journey of enlightenment and experiential learning. This could not have been achieved without their support. My endless gratitude goes to the wonderful people who opened their doors and shared their expertise and work practices. They enabled me to witness, first-­‐hand, how individuals and organisations, despite diverse obstacles, trials and tribulations, strive to positively impact on young people’s lives. This experience has given me renewed faith, that over time, nations and societies can heal. Special thanks to Anne Boyd, Jamie Balfour, Julia Weston and Caroline Broadhurst who believed in me. All my new friends and acquaintances in South Africa, The USA and especially the restorative justice icons who continue to champion the work which is changing and impacting lives everyday. A huge thank you to Sandy, Fania, Rita, Sujatha, Yvonne, Magda, Soloman, Paul & Carol, Leslie-­‐Ann, George, (Bola), Magda, Fatimah, Gael, Lisa, and all the others who will remain in my heart. Tracey Ford 2 2
Tracey Ford Content Page Executive Summary……………………………………………………………………………………………………………. 4 Introduction………………………………………………………………………………………………………..…………….. 5 What is Restorative Justice? ………………………………………………………………………..……………………. 8 Itinerary ……………………………………………………………………………………………………………..……………..9 My travels and the positive solutions……………………………………….………………..………………..……. 10 My Reflections……………………………………………………………………….…………………..……………..………. 24 Research……………………………………………………………………………….…………………………..……..……….. 26 Actions and key transferable practices to be implemented….………………………………………..….. 31 3 Tracey Ford Executive Summary I embarked upon a journey of enlightenment and experiential learning. My worldwide travels widened my knowledge, beliefs and expectations of how individuals, communities and nations of people heal, following severe degrees of devastation. In South Africa and the USA, I visited schools and community-­‐based projects that gave me hope for the future, re-­‐engaging young people in education and taking charge of issues that affect their safety and community life. Using restorative approaches that enable individuals to reflect on their misdemeanours in the light of the affects they had on victims and their families can be a real stepping stone in restoring faith in broken lives , addressing critical issues facing troubled families and offering a solution to the lack of community cohesion needed to prevent young people living in fear and isolation. From these invaluable journeys, I gleaned additional information that adds to the research I have done, and to the personal experiences I have had. Bringing it home to London, I set this knowledge within the current local context, and make recommendations for action and intervention that will hopefully mean a step change in the system of youth justice and community for the future. 4 Tracey Ford INTRODUCTION The occasional news headline would catch my eye, with reports of unconceivable acts of ‘child murder’ cases which I will never forget: Jamie Bulger, Stephen Lawrence and Damilola Taylor. These tragic murders have stayed with me throughout my growing years, but I never imagined that I, myself, would become a parent campaigning for ‘a child’s right to life’. In 2007, I was living what I deemed to be a ‘normal’ life: raising two children, pursuing a career in financial services and working long and hard to give my children a solid foundation on which to build their own lives. A life of happiness, securing my children’s future. That all came to an abrupt end, when on Saturday 3rd February 2007, my 17 year old son left home to go ice skating, and never came back. My whole world changed, throwing me into an abyss that very suddenly became the place I now live in, forever. An epidemic of youth murder is sweeping through the streets of London, claiming a staggering 125 teenage lives in the last seven years (source: Murder Map 2013). Vicious, senseless acts of murder are being committed by young people against other young people, in what the media calls ‘gang killings’. Our children are growing up in a world in which acts of violence using guns and knives is almost an everyday occurrence. With this gang culture increasing, alongside rising youth unemployment, there is a real lack of opportunities and hope within communities, especially in densely populated, economically deprived areas, in certain London Boroughs. I became involved with the ‘RESTORE PROGRAMME’, run by the ‘The Forgiveness Project’ who visit young offender institutes and prisons across England. I co-­‐facilitate this prison intervention programme and share my story of the devastation caused by youth violence. I witness young men bow their heads when our eyes meet. I’ve looked into tear-­‐filled eyes and heard quivering voices tell me they are sorry. 5 Tracey Ford “I didn’t kill your son, but I have killed someone else’s.” These words from young men penetrate my heart and mind, and continue to impact on me, as I meet more and more teenagers serving life or ‘indeterminate’ sentences for murder. I see remorse – for what, I may never know – maybe for me or for themselves – but I want to find out how to address the demise of a generation who openly say that they have no hope of a better future. As the culture of gun and knife crime begins to dominate particularly poor, deprived areas in London, can British society attribute this change to the dissemination of rap music, computer games, media influences or the infiltration of American street life into young minds, becoming simply the British way of life? According to the Metropolitan Police Service, in 2007 there were a reported 169 separate gangs operating across London Boroughs. Will buildings like the one in the image below become the norm for communities of young people in the UK, as they have for young people in the US? Detention Facility, Oakland, USA 6 Tracey Ford I am determined for this NOT to be the only route for troubled teenagers living in London. As I know there is more to life than death! The grave social problems we face in the UK can be seen all over the world. Young people in particular appear to be more deeply affected by gang culture, drug and alcohol related issues, breakdown of families, unemployment, disaffection from education, lack of youth provision, feelings of lack of opportunity and declining community support. Not a healthy menu to be raised on. I ask the question, is this the way forward for the next generation? I have become aware of the desperation many young people face daily in their local communities, whereby walking around with bladed weapons is the only way they feel safe, and they think this is the only way they will stay alive. I want to understand, to help rebuild broken and fractured communities, and more importantly, to keep children alive and really ‘living’. Not alive, but just existing. This enlightening journey has led me to further explore and broaden my understanding of the practices of organisations using restorative justice principles to heal broken and fractured communities. 7 Tracey Ford What is Restorative Justice? "Restorative justice is a process to involve, to the extent possible, those who have a stake in a specific offence and to collectively identify and address harms, needs and obligations, in order to heal and put things as right as possible." Howard Zehr, The Little Book of Restorative Justice What does Restorative Justice try to do? "Restorative justice requires, at minimum, that we address victims' harms and needs, hold offenders accountable to put right those harms, and involve victims, offenders, and communities in this process." Howard Zehr, The Little Book of Restorative Justice
Summary Restorative processes bring those harmed by crime or conflict, and those responsible for the harm, into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward. Restorative Justice Council 8 Tracey Ford Itinerary Schools & Projects Visited Safer South Africa Foundation, Khulisa (Johannesburg and Cape Town), Mitchell & Orange Farm Townships, African Social Entrepeneurs Network, REOS Innovation Partners, School of Hope, Cool Girls, West Oakland High School, Ralph J Bnche High School, Oakland School District, Long Middle School, Orchid School (South Africa) RJOY (Oakland), University of Berkshire, Woman of Colour Leadership Conference -­‐ Spelman College, National Council on Crime and Delinquency , Catholic Charities of the East Bay, Y.E.P. (Youth Engagement Project), ‘A Beautiful Me’ conference, Clark Atlanta University, 4th National Restorative Justice Conference 9 Tracey Ford My Travels SOUTH AFRICA My journey starts in a place where restorative justice continues to heal a nation and generations of people, both politically and socially. I arrive on the shores of this great country, and witness acts of racial violence and deprivation beyond my belief, that make me question whether or not I am really living in the 21st century. In my despair, I continue with my journey, seeing pain in the eyes of adults. I also see wide-­‐open eyes and courage in the children whose inability to see what I see, but keeps them smiling, happy and enthused, wanting to interact with me and, most of all…………to hear my British accent. 10 Tracey Ford 1. Safer South Africa Foundation One of my first meetings is with a retired police officer from the Metropolitan Police, Paul Wilson, now CEO of The Safer South Africa Foundation, based in Pretoria. After working under the strong leadership of such a trusted source as ‘The Met’, I could see why Paul took up the challenge in South Africa. SSAF provides preventative programmes to build bridges between communities and the police (apparently a worldwide challenge), reintegrating offenders back into their communities, while reducing reoffending. SSAF leads on gang-­‐affected community safety and crime reduction, as well as advocating on making local communities safer places to live. Paul is a strong advocate, and is key to the organisation’s success in interacting between generations, people listen to him, and trust his leadership. It is very apparent that trust between the average person and law enforcement is precarious, and based on lack of understanding. Programmes allowing community members to learn about police policies and procedures help to alleviate tensions and the abuse of power that individuals often believe exists. What I witnessed was one individual’s commitment to working hands-­‐on in underserved communities to change perceptions, and make a marked difference, by providing an essential service, that is not part of a statutory service. Paul’s ability to implement policies from the bottom up is evident, and is crucial for communities to benefit from the changes. Community engagement will make a difference to their lives. We set off very early one morning and drive hundreds of miles from Johannesburg to the north of the country. We stopped at the airport to pick up a long-­‐standing political campaigner, Dr Farisani, Chairman of SSAF. As I listened to his tales of torture, imprisonment and victimisation in places like Pietermaritzburg, I wondered how he was still alive to tell the tales of his treacherous years of oppression. Yet his genuine tone of forgiveness rings through, and is evidenced by his willingness to 11 Tracey Ford travel near and far to offer his views on ways forward and what is needed, always encouraging communities to be part of the new solution. We drive past acres and acres of green farm land, then mining fields, and arrive in a town with beautiful brick-­‐built buildings until we reach the Klerksdorp Civic Centre, North West Province. We are here for the Safer South Africa Foundation's 'Communities and Justice Awards' ceremony, where forty schoolchildren from Diring ka Natla Secondary School in Khuma Township are to be presented with certificates of achievement for completing the seven week Communities and Justice programme. This is designed to improve links between their communities and criminal justice institutions, police, correctional services, judiciary, national prosecuting authority and traffic officials. What I derived from this event was the sheer commitment of an ex-policeman to bring together law
enforcement and local communities to give people insight into law, educating communities about the
human rights which they have been denied for so many years.
12 Tracey Ford 2. KHULISA Arriving at Khulisa offices, I was immediately met by a distinguished individual who reminded me of Camila Batmanghelidjh (Kids Company). There was something about the aura of Leslie Ann van Selm that resembled the demeanor of the colourful South London queen. Leslie set up Khulisa 15 years ago, so naming the organisation because the definition of the Zulu word ‘Khulisa’ means ‘to nurture in its totality; strength, support and to encourage.’ This reflects exactly what Khulisa as an organsiation represents. Leslie says, “Whether it be nurturing a family, or ending an abusive relationship after 50 years, that is really what we do. Everybody has to become a nurturer in order to have a fulfilled environment.” Khulisa has developed programmes benefiting at least 1 million vulnerable people in some of the most hard-­‐to-­‐reach parts of the country, in the bid to support people to ‘reinvent their lives’. Khulisa’s services set out to reinforce behavioural change, primarily through young people, promoting opportunities for self-­‐reliance, sustainability and an improved community environment. In the UK, access to education, the criminal justice system and healthcare is relatively free for the majority of people. In other parts of the world, not-­‐for-­‐profits and individuals are creating access to these provisions which would be otherwise inaccessible for many. The basis for the majority of Khulisa’s programmes is restoration and restorative processes, and I witnessed a process of restorative justice with a very experienced RJ practitioner, George, who has been employed with Khulisa for over 10 years. I met George at 6am one morning, to drive to a township where a documentary was being made about the restorative process, following the release of a young woman, now 21, who served 5 years for robbery in her neighbour’s home. It was a long drive to Orange Farm, and as we turned off the main road onto dirt track roads, I saw shacks for housing and huddles of people just standing on the street. The newest building turned out to be the police station. Orange Farm is a very under-­‐developed formal settlement on the outskirts of Johannesburg. Approximately 1 million people live in Orange Farm and the community experiences serious health problems. Lack of health facilities, poverty and unemployment are commonplace in 13 Tracey Ford townships, leading to crime, drugs problems and gangster culture. I met four Khulisa staff members tasked as community ‘conflict resolution’ practitioners, who give advice to mothers experiencing domestic violence, and to young women being abused. The aim of the Khulisa Crime Prevention Initiative is to educate and direct vulnerable, at-­‐risk youth and ex-­‐offenders away from crime, by teaching them skills, attitudes and behaviours that will help them to become responsible and self-­‐sustaining members of their community. All of this is achieved through more than 22 programmes created by Khulisa. Due to the new law passed in South Africa, stating that a child who commits a petty crime or who is a first time offender cannot go to prison, these children are referred to either a non-­‐custodial programme, or they are referred to a residential facility for children. “Last year, we had over 6000 children referred to us by the Department of Social Development, in association with the courts,” says van Selm. “Our Vision is a safer, healthier and more prosperous South Africa, where all people, especially youth, have access to the information, skills and opportunities they need to contribute to equitable local and national development.” “Our Mission is to address social vulnerabilities and inequalities by providing support and developmental know-­‐how, through key partnerships, for initiatives at a community level that quantifiably demonstrate social impact.” “Our core values include include: Caring, Service, Integrity, Partnership, Collaboration, Efficient Delivery, Innovation & Creativity, Transparency, Accountability, Sharing Knowledge and Insights, Feedback, Lifelong Learning, and A Long-­‐View of the Future.” The journey and experience of the visit to Orange Farm was a very sad one for me. I watched sick and ill children and adults walking limply across dirt track roads and wondered if they had ever travelled on the crowded bus or train into the town of Johannesburg where their grandparents might once have lived. This area, like many of the townships in South Africa, is not deemed to be a Government priority area. There is no public transport, limited welfare provisions, inadequately resourced schools and healthcare to treat the hundreds and probably thousands of sick adults and children living with 14 Tracey Ford life threatening illnesses. Despite the poverty and hopelessness I felt, I spoke to many young people who talked about their ambitions, displaying great courage in wanting to forgive former and present governments who continue to dismiss their plight and ignore the real urgency for change. They want to achieve more in their lives, through creating small businesses to support the advancement of local people who are desperate to escape the high levels of poverty they endure. 15 Tracey Ford The timing was right for my visit to Orange Farm, as a young woman who had been sentenced to 5 years imprisonment for burglary was sharing her story of her restorative process. Since the age of 13, Marly had been living on the streets, hooked on drugs, and she became a prolific thief. She would steal whatever she could to pay for her drugs, and her neighbours would taunt her mother who had nowhere to turn to get help for her daughter. As one of the youngest girls in the gang, she would be
the one they would push through the smallest of windows to steal whatever she could get her hands
on from people who really had no more than her own family. Her mother described the anxiety she
lived with every day, not knowing whether or not her daughter would be beaten and killed by the local
community if she was caught red-handed. Her mother described herself walking the streets day and
night looking for Marly. When she found her, often cradled up in a ball under a cardboard box, she
would carry her home, only for her to recover a day or two later and run away again. Her mother confided in me that she pleaded and begged her neighbours to report the constant burglaries to the police, because she could not afford to keep repaying what her daughter had taken, but was devastated when the judge handed down a 5 year sentence to a 15 year old. Mum said as much as it broke her heart, she did it to save her daughter’s life. Marly became involved in a Khulisa restorative justice programme to heal herself and to reintegrate back into her local community. She was finding it hard to cope with rejection from the neighbours, as the father of the house refused to accept her apology or forgive her for the harm and devastation she had caused his family, despite the fact that she went to prison for a very long time. 16 Tracey Ford 3. SCHOOL OF HOPE Travelling from Johannesburg to Cape Town, I embarked on a bustling city: the most multicultural city I was yet to see in South Africa. Surrounded by the exquisite Table Mountain, this city was a vibrant business centre amidst the huge number of townships dotted around it. I visited an education project equivalent to a pupil referral unit: The School of Hope, where vulnerable young people, some aged over 20, are able to get a second chance of fulfilling an education. The small school was overcrowded and spilling out at the edges, and I witnessed lessons held in the playground because of the demand for school places. I sat and watched young people working together in harmony, despite accounts they shared with me of the hugely violent and unstable backgrounds that explained why they were not able to complete their education the first time around. As I listened to the stories of their home lives, homelessness, and gang affiliation, it was clear that many would not have made if it, were not for the sense of family they have now found here at The School of Hope. 17 Tracey Ford The stark reality for me was the fact that none of the schools I visited were integrated. Here, the black and white children are separated by the harsh apartheid system. Education is still very much a hierarchy of social class, and apartheid still walks freely in playgrounds. It is estimated that more than half of school aged children drop out of education to help their poor families. They enter into a life of drugs, prostitution, become homeless and/or are living in abusive and neglected homes. Young children are hooked on cheap drugs and join drug-­‐running gangs to escape the reality of poverty, but moreover, to feed habits that also offer an escape. School of Hope thrives on giving young people and older youths – who once abandoned their education to fulfill a lifestyle they no longer live – a real chance to education that will prepare them for life on the other side. They employ committed teachers that young people relate to, and who understand the social issues these young people face. The students call The School of Hope their ‘family’ and they live together, work together and respect each other on all human levels. 'The only real hope lies in completing their education’
18 Tracey Ford WHY RESTORATIVE JUSTICE? Restorative justice (also sometimes called reparative justice) is an approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender. Victims take an active role in the process, while offenders are encouraged to take responsibility for their actions, "to repair the harm they've done—
by apologizing, returning stolen money, or community service". Restorative justice involves both victim and offender and focuses on their personal needs. It also provides help for the offender to avoid future offences. It is based on a theory of justice that considers crime and wrongdoing to be an offence against an individual or community, rather than the state. It has been proven that restorative justice that fosters dialogue between victim and offender shows the highest rates of victim satisfaction and offender accountability. I found a City that cemented my thoughts and beliefs that restorative justice is worth championing, fighting for and the evidence is in the changes it creates for people like you and me. In Inspirational street art 19 Tracey Ford Oakland One question I asked myself when I arrived in the City of Oakland to meet CEO of RJOY, Fania Davis, was, ‘Is it normal for CEOs of third sector organisations to have lunch with a District Judge?’ Activist Fania Davis is the sister of the legendary civil rights activist Angela Davis, and as a practising
lawyer, she decided that she wanted to prevent young people getting to the courts where she would
defend them, but could influence change in a young person’s life at a much earlier stage. Out of her
compassion for young people, RJOY was born.
Founder, Fania Davies alongside a group of pioneering women have worked closely with a judge in the youth court in the state of California who believe that punitive punishment is not always the answer and that preventative programmes can work. Alameda county is equivalent to a UK Local Authority, and they took the bold step to pilot a
programme to reduce recidivism among young offenders, and also to force them to confront the
consequences of their actions.
Alameda courts' alternative sentencing model was Restorative Justice for Oakland Youth (RJOY), a
nonprofit begun in 2005 by attorney Fania Davis, now its executive director. RJOY's philosophy – and
Davis' – is based on the principles of restorative practices, which focus on the harm to victims and the
wider community and holds the offender accountable for their actions, which means restitution and
making right what was wronged. Restorative justice addresses the needs of victims and offenders that
are usually neglected in the criminal justice system, and in so doing, aims to reduce recidivism,
20 Tracey Ford strengthen communities and decrease costs of the current system.
In 2007, Fania Davis and RJOY board members approached Judge Gail Bereola, presiding judge of
the Alameda Juvenile Court, and the probation department, about adopting restorative practices in
their treatment of youth. Bereola got on board with enthusiasm. "I immediately got it," she said, "how it
could address harms caused and maximize outcomes for youth in the system. The traditional ways we
do things don't work for all youth. I never saw restorative practices as something to supplant the way
we do things, but as another tool we could utilize to strengthen what goes on with victims, youth,
families and communities."
Gail and Fania immediately formed a restorative justice taskforce, with representatives from the district
attorney, the public defender, probation, school districts and community organizations, to discuss how
to use restorative justice in the juvenile justice system. In January 2009, the taskforce released a
three-year strategic plan that recommends implementing restorative practices in juvenile justice
programmes, creating pilots in the system and doing a broad public education campaign on the
principles of restorative justice. Four of the youths who experienced the process are now working for
RJOY. The influential woman pioneering this work to address the school-­‐to-­‐prison pipeline was definitely an eye-­‐opener for me. This county-­‐wide initiative in Oakland is doing groundbreaking work to change the behaviour and improve life choices for young people. The realities of gang culture are undeniably grim, so what is it that makes it so appealing in the first place? ‘Living in areas that don’t give you many opportunities doesn’t help,’ says Chief Supt Ephgrave. ‘If there is a lack of any kind of leadership in the family, often the only thing open to young men is the big guys on the block. You either join them or you become a victim.’ "Why do we place our most vulnerable and volatile young people in our most troubled institutions, and expect anything other than… violence, self-­‐harm and mayhem?" 21 Tracey Ford I was both shocked and horrified when I was made aware of the fact relating to the disproportionality and high levels of incarceration pertaining to black males, and by the fact that a staggering 2 million people are in USA prisons. With increasing crime levels and the epidemic of youth on youth violence in the UK, is this the road we are heading down? Will we end up with a similar school-­‐to-­‐prison pipeline for our children? I would like to think that governments do not want the burden of building more prisons and spending in excess of 50K per person per year to keep someone in jail. I am hoping that there is a more effective solution. 22 Tracey Ford RESTORATIVE JUSTICE LEGISLATION IN CONGRESS
The United States House of Representatives is considering at least three bills that promote the use of
restorative justice in schools. These offer opportunities for training school personnel about restorative
justice; federal support for community, school, and police to collaboratively identify, develop,
implement, and evaluate plans designed to address unmet needs of youth at risk for juvenile
delinquency or gang involvement - including restorative justice. And grants to local educational
agencies most directly affected by conflict and violence to develop and implement conflict resolution
and mediation programs for students, teachers, and other school personnel.
23 Tracey Ford My Reflections Gang-­‐related violence has caused havoc in too many people’s lives, not least for gang members themselves. The Minister for Crime Prevention stated in The Evening Standard, in December 2013: “I’m determined to do whatever I can to reduce violent crime and the fear of crime… but we need to do more to crack the gang culture.” Media hype has increased the glamourisation, popularisation and ‘coolness’ associated with gang culture and with the outbreak of riots in 2011. But public condemnation of young people only continues to fuel the fire that is leading to the demonisation of a generation that has little respect for authority, parents and whatever constitutes any value for life. It is, however, with great pleasure that I was on Twitter and very recently noted: ‘Damian Green will shortly be appearing on @Daybreak discussing the essential role magistrates play in local communities.’ Could we be learning a few lessons about how to reduce the level of youth offending? As this blame culture continues to divide working class communities, widening the gap between rich and poor, the government’s introduction of benefit reforms, cuts in local authority spending in poorer London Boroughs, and the building of new prisons, will not solve the growing social problems faced by millions of people living in London. Social and economic inequality continues to put blight on London, and according to Mary Riddell, of The Telegraph, “Britain is less equal, in wages, wealth, and life chances, than at any time since the last major financial upheaval, the great crash of 1929.” There is no universal definition of ‘community engagement’, which denotes a wide range of methods and initiatives that focus on supporting and encouraging communities to address and solve the challenges they face. Community engagement strategies include partnership building and networking, community mobilisation and community coalition building. For the purposes of this report, I use the National Institute for Health and Clinical Excellence (NICE)’s conventional meaning. 24 Tracey Ford Although specific interventions should be directed at the worst offenders – gang members and young people in violent lifestyles – it is working with the whole community that creates the best environment to stop violence and maintain safety in the long term. Eradicating youth violence needs a progressive approach across the range from prevention to rehabilitation. This can only be possible through collaboration between the council and other statutory and non-­‐statutory partners, local residents, community, faith and youth groups, and public agencies and businesses. Community engagement in the context of ending gang and youth violence Communities affected by violence can be difficult to engage. Factors such as a culture of acceptance that violence is the norm, or that it cannot be prevented; the fear of reprisals; a “no grass” culture, and a lack of trust that reporting violence will lead to any action are all barriers that need to be addressed. It is difficult to create a strong and cohesive community where one doesn’t exist, but statutory agencies such as councils and the police, and community safety partnerships, can act as catalysts for change. Communities need channels for engagement, and statutory agencies are well placed to create the infrastructure needed, such as neighbourhood councils, steering groups, committees, policy action teams, and other agencies and forums. There is no “one size fits all” solution. “It is critical that custody must not be treated as an isolated part of the youth justice system if reoffending rates of young people leaving custody are to improve… Effective rehabilitation requires close co-­‐operation between custodial providers and support in the community so that young people have access to services that will help prevent further offending.” Crispin Blunt MP,
Parliamentary Under-­‐Secretary of State, Ministry of Justice 25 Tracey Ford RESEARCH Many young people told inspectors they were frightened and had little confidence in staff to keep them safe. http://www.bbc.co.uk/news/uk-­‐england-­‐london-­‐23248433 -­‐ Young Offender institution ‘unacceptably violent.’ Recidivism is a major problem, so the current system is evidently ineffetcual, with too many young people re-­‐offending. 73% of young people released from custody re-­‐offend within a year. Massive sums of money are spent on ‘the secure estate’: youth offenders’ institutes, secure training centres or secure children’s homes. Some individuals’ places cost over £200,000 a year. If the cycle is ever to be broken, young offenders need a sense of hope, education and training to enable them to return to school or college or find employment, but too many of them lack even basic skills. “Around half of all crime is committed by people who have already been through the criminal justice system. The cost to the taxpayer of reoffending is estimated to be £9.5 to £13 billion per year.” Ministry of Justice, 2013 In “Whose Kids are These?” Juvenile Justice and Education Partnerships Using Restorative Justice to End the “School-­‐to-­‐Prison Pipeline,” Mara Schiff and Gordon Bazemore, Florida Atlantic University state that: “School suspensions and expulsions resulting from zero tolerance disciplinary policies have directly expanded the “school-­‐to-­‐prison pipeline” while disproportionately and negatively affecting minority students. This paper presents restorative justice as a proven effective alternative to punitive disciplinary policies, and suggests it can be used to emphasize and reward efforts to keep students in school while also serving as a strategy to redefine the collaborative role of justice professionals and educators in the school setting.” There is plenty of practical experience and academic research to evidence the success of restorative approaches, and now is the time to raise awareness to create a step-­‐change in how we deal with youth crime and rehabilitate offenders, and those at risk of becoming disaffected with education and falling into offending behaviour. 26 Tracey Ford “We examine the growing successful use of restorative disciplinary systems based on emphasizing and rewarding efforts for keeping students in school rather than pushing them out. Moreover, school suspension and expulsion significantly increase the likelihood that students will be held back a grade, not graduate, and become involved in the justice system.” (Fabelo at al., 2011). Most disturbing is the divisiveness of society, the intolerance of schools to minor behavioural problems from black and disabled students, and the disproportionate representation of minority groups excluded from school, or whose behaviour puts them at risk of engaging in criminal activity. “Overall, zero tolerance policies have had their most insidious impact on Black youth, whose rate of suspension or expulsion from schools is accompanied by an unprecedented number of school-­‐related referrals into the juvenile and criminal justice systems. Tragically, there is consistent and increasing evidence that students being suspended and expelled for minor infractions are considerably more likely to be Black and those with disabilities.” (Advancement Project, 2005; Losen and Skiba, 2010). “Nationally, data suggest that Black students represented only 17 percent of public school enrollment in 2000 but accounted for 34 percent of suspensions.” (Advancement Project, 2005). In the UK, things are no different, but perhaps we can learn from the USA’s increasing interest and research into restorative approaches, and the South African experience of healing communities and individual young people by giving them a sense of family and caring. “In London alone there were 124 teenage murders as a result of gang activity over the last five years. According to the UK government, there are around 500,000 violent crimes against ten-­‐ to-­‐ fifteen year olds across the UK every year. Under-­‐reporting may mean that the true levels are substantially higher.” (Ending Gang and Youth Violence, UK Government, 2011). As Reistenberg (2007:10) asserts: “A restorative philosophy emphasizes problem-­‐solving approaches to discipline, attends to the social/emotional as well as the physical/intellectual needs of students, recognizes the importance of the group to establish and practice agreed-­‐upon norms and rules, and emphasizes prevention and 27 Tracey Ford early restorative intervention to create safe learning environments.” In educational settings, using restorative justice is a strong vehicle for creating real partnerships between justice and education practitioners. School, police and probation officers can become resourceful, strategic partners in prevention and intervention efforts designed to strategically or potentially help keep youth in school and out of the justice system. It is time to deal with the cause, rather than cope with the effects of crime. And where prevention may not altogether reach every young person, certainly understanding and reparative interventions are increasingly seen to be more effective than punishment and deprivation of liberty. It is in the connection with other people, the community of support, that benefits are more apparent. 28 Tracey Ford Bringing it Home "I have been banging this drum for years – we must do something about domestic violence: it is on the increase." Those were the words of the Police Borough Commander David Musker one Tuesday in January 2014 at a meeting with councillors to discuss the types of crime Croydon was facing. What happens in the home desensitizes young people to violence, making it appear normal and acceptable. Is it any wonder that, if children witness and experience domestic violence towards – and from – their closest family and people they love, that violence on the streets, or towards complete or relative strangers – or perceived ‘enemies’ – seems natural? Reported incidents of domestic violence resulting in injury were up from 920 in 2011/12 to 1,043 in 2012/13 – a 13.4 per cent rise. The Chief Superintendent has framed tackling the crime as "murder suppression" in the past – citing that 80 per cent of murders are by committed by someone who is known to the victim. "When there was a spate of murders, we spent a lot of time interviewing people connected to the crimes and they disproportionately had histories of sexualised violence and domestic violence in their families," he said. So what interventions are being introduced to tackle this increase? What services are being developed? "We cannot pretend really that Croydon is getting more, as many services important for young people are in decline. Youth provision is falling by the wayside." Kathy Bee, Croydon Council's shadow cabinet member for children, young people and learners, said additional project funding "slightly claws back a very big cut." "It is a dire time to be young," she said. "With the level of unemployment for 18-­‐25 year olds in 29 Tracey Ford Croydon, there are bound to be problems." Leon Spence, a former gang member, from Thornton Heath, now mentors young people, and his ‘My Design’ project aims to "promote good character" by giving youngsters the chance to design clothing. He said funding should be used to educate youth about handling conflicts. "When I was in secondary school, no-­‐one told me about what to expect or how to behave," said the 22-­‐year-­‐old. "People should be told from a young age how to handle themselves: If there is a fight, walk away. We need to make people more aware so they can make the right decisions." Ella Baker Centre, Oakland 30 Tracey Ford Actions And key transferable practices to be implemented Reducing youth crime seems to be the solution that most statutory organisations are working towards, in the UK and in other countries. The traditional punitive approach is expensive, ineffective, and seems to increase recidivism rather than reduce offending behaviour. A different approach is required. From my research into restorative justice and other approaches, from my travels to South Africa and the USA, from my discussion with key directors and workers delivering programmes of sustainable change in youth and community work, the following key actions have been cited as major priorities for local Government and Communities who say they will:-­‐ •
Listen to young people, especially the high risk individuals involved in gangs and youth violence, and those who are vulnerable to involvement. •
Create multiple opportunities to get involved, since people are more likely to engage if there are a wide range of initiatives and projects to be involved in. •
Set up Secure Colleges to treat a young person’s time in custody as education with detention, rather than detention – with education only as an afterthought. •
Simplify youth sentences and make them more effective in rehabilitating. •
Increase the use of ‘restorative justice’ approaches, where victims are able to explain the impact an offence has caused. •
Reduce the use of remand in custody for young people, and gradually make local councils responsible for the cost of remand. •
Identify a catalyst for action. For instance, a particularly violent crime can be used to put together a group of people willing to engage and take action. It is crucial to engage the right 31 Tracey Ford people, including those seldom heard: young people vulnerable to gangs, ex-­‐gang members, victims, siblings and families. •
Consider using a “community brokerage” approach to engage a wider sector of the community and enable the community to identify and develop the local strategies that work for them. This means using community organisations to work with appropriate community stakeholders and consult with local people, helping to broker relationships. For example it might be difficult for statutory agencies to directly work in partnership with local people who have little trust and confidence in their services. Therefore, working through community organisations to broker these relationships could facilitate this partnership work. •
Encourage good work where it already exists. Often, the only help local groups need is some training, assistance with meetings or forums, even just a venue. Often they simply need encouragement. What are we doing collectively about the cycle of youth violence? Unless we take action to break it, we will continue to see young people criminalised and young people losing their lives. We would like to feel confident in Local and Central Governments actions to financially support as many grassroots organisations with first-­‐hand experience to work in developing partnerships s to provide the wrap-­‐around services that will significantly contribute to helping to reduce the rates of recidivism crippling families and moreso reduce Government spending on punitive punishment which does not work. To provide the social care, cited as a person’s basic human right should be the aim of Society, we have a duty of care to provide young people with opportunities to be responsible members of our Society. These findings learning and knowledge I have gained will be used to continue to inform: 1.
Governments policies, procedures and working practices that benefit local communities in the UK 32 Tracey Ford 2.
Champion restorative justice programmes and practices as a way of dealing effectively with the rising youth violence issues in local communities through schools, young offender institutes, prisons and probation to impact the positive changes storytelling and sharing personal stories can have on the lives of others that live with long-­‐term trauma, pain and suffering. 3.
Convene annual conferences to disseminate learning and share best practice 4.
Continue to provide inspirational and youth awareness workshops to Schools, Colleges and Universities, probation and other statutory services to reiterate and reinforce the long and short—term benefit restorative justice can make on people’s lives. 5.
I would like to develop my Research project to further uncover new knowledge on restorative justice practices for young people by way of a Masters of PhD in the future. Restorative Icons Fatimah and Rita West Oakland, Middle School, Berkeley University, RJ Conference Toledo 33 Tracey Ford Thank you WCMT for giving me a life changing opportunity to meet incredible change makers who will make a huge difference in my life always as I make way to follow leaders. .......
these It’s not everyday you get to meet Influence and iconic Women for immense global change, but here I am with some of most renowned, icon political leaders in the history of The Civil Rights Angela Davis, responsible the American Movement, Erica Huggins and women who still rise to change a system that currently imprisons over 2million people in the USA. 34