Young people who cause sexual harm to others: using the restorative conference model to promote healing and a healthy future

My aim today is to provide you with a comprehensive overview and understanding of YJA’s practice and approach to HSB cases in NI Explain and discuss YJA’s policy and practice with regards to Harmful Sexual Behaviour (HSB) related cases; Focus on effective participation with partner Agencies throughout the restorative process; Through sharing best practice, consider and discuss how, collectively the Criminal Justice System with others can help deliver positive outcomes for both victims and young people who have been referred for such behaviour; and Enhance, share and optimise existing knowledge and skills.

Background: Over the past decade establishment of the Youth Justice Agency including the introduction of the Youth Conference restorative justice model; referrals for harmful sexual behaviour cases both from Public Prosecution Service (PPS) and Court; establishing strong partnerships with others, including: Health and Social Care (HSC); Specialist Services; Public Prosecution Service (PPS); Police Service of Northern Ireland (PSNI) inc. PPANI/PPU Probation Board for Northern Ireland (PBNI) – Safer Lives; AIM2/GMAP; and External Consultants.

YJA HSB Practice Guidance Principles: Co-ordination Communication Co-operation Collaboration Objective is to maximise the effective delivery of: Risk management Risk reduction Therapeutic intervention Good Lives Model

Current Process of Harmful Sexual Reporting through Youth Justice System in Northern Ireland ►PSNI (inc. HSC) ►PPS Insufficient sufficient evidence evidence no prosecution diversion/prosecution Mitigating DYCR YCR Public interest PSR Child Protection DYCR/YCR (Divisionary/Youth Conference Report) PSR (Pre-Sentence Report)

HSB Statistics Volume of referrals During 2013/14, YJA received 18 referrals (17 YPs), 9 of which were Court Ordered, the remaining Diversionary. During 2013/14, PBNI received 3 referrals. ***************** During 2014/15 YJA received 14 referrals (14 YPs), 4 of which were Court Ordered, the remainder Diversionary. During 2014/15– PBNI received 3 referrals.

HSB 2014/15 Statistics Nature of Offences Indecent exposure 2 Making/distributing indecent 3 images of children Engaging in sexual activity 1 in presence of a child Sexual assault 1 Intercourse with an animal 1 Sexual activity with a child < 13 3 Sexual assault of child <13 3

HSB 2014/15 Statistics Profile of young persons who have harmed Average age at date of offence 15 (range from 12 to almost 18) Learning Disability 5 /14 36 % Gender 13 male 1 female

Victim participation 2013/14 and 2014/15 2013/14: (18) Verbal statement 4 Written statement 5 Direct victim 2 Family of victim 7 2014/15: (14) Verbal statement 3 Written statement 1 Family of victim 6 Victim Support NI 1 Other 1

The Process Referral received - PPS/Police file inc. YP/Victim information (A&A* if DYCR) ►Contact with YP and parent/carer ►Contact with victim and family ►substantial preparation ►liaison with Trust/Child Protection ►liaison with Police/PPU ►liaison with Specialist Services ►assessments ►restorative practice ↓ Youth Conference YP, Appropriate Adult, YCC,YDO – plus significant others who add value/purpose. (Meeting or series of meetings) DYCP/YCO Recommendation YCO with Custody PPS/Court Discretion (alternative disposal) *(A&A – Admission and Agreement)

The Youth Conference Requires more than average preparation with YP/family and victim, that is 12 to 26 weeks pre-Conference Requires considerable inter-agency consultation pre-Conference Important for YCC and YDO to have appropriate and proportionate preparation before the Conference Subtle differences in the process, that is: Statement of facts not read verbatim – YP is asked to confirm they are accepting responsibility for the offence; No focus on YP’s story; Focus on impact on the victim. Victim or representative speaks first, followed by YP; Detail of who did what is not relevant, discussion and understanding of the impact is; and Longer than the average Youth Conference – with necessary breaks.

Victims/Persons Harmed Many victims are CHILDREN, often under 13 years old (50%) Therefore, most of the preparation is with parents/carers, other family members; Young children will not attend the Conference. Huge impact on PARENTS of victims, requires: significant and in depth preparation; and going at their pace. Ongoing and future support for victims and their families. Volunteers; Signpost on; and Information – relevant and as requested.

YCO/DYCP Intervention (Risk management – Good Lives model - strengths-based) Multi-agency (Trust - Programme provider – Police) Circle of Support and Accountability Community reintegration Victim/person/family harmed Family: parent/carer contact is central for involvement in: - decision making; - intervention, integration with support/treatment from the beginning, throughout and until conclusion.

Family Intervention & Support Shock/trauma/isolation/unsupported/loss of usual networks Shame/self blame/’done wrong’/’missed’ Strong emotions re child’s behaviour – marginalisation or collusion Trigger stress from past experiences Own abuse may emerge Action: Offer range of services/multi-modal Sign-post, refer, support Equip with knowledge and skills for: Self Child Other children (siblings, grandchildren etc.)

Family Intervention & Support continued Parents’ Support Group Individual/couple/family Direct, face-to-face – (one-on-one/co-work) Family support Counselling Information Education/guidance Sexual abuse Exploitation Offending Supervision Protective parenting Coping with multi-agency systems Criminal Record

Challenges Language used Denial Apparent lack of remorse (attachment issues) Learning and communication needs Worker – lack of awareness/insight/knowledge Personal distress/self care Personal/family/friends experiences Scepticism/doubt regarding the restorative justice process