1. "Getting it right for young people who offend" Early and Effective Intervention - Framework of Core Elements Launch Event - 4 th March 2015 “Introduction to Core Elements” Brian McClafferty Youth Justice Manager

2. "Getting it right for young people who offend" Areas I will Address 1.EEI The Journey so Far 2.Whole System Approach (WSA) Context 3.Implementing EEI Core Elements

3. "Getting it right for young people who offend" EEI – the Journey So Far  As early as 2006 (perhaps even earlier) some authorities (most notably Dundee had developed Pre-referral Screening Groups/processes.  This early practice development clearly provided the foundation for where we are today with the processes and guidance from these early developments reflected in the present day core elements we are discussing today.  Pre-referral screening was based on the principle that a child or young person should not be referred to SCRA unless it was felt they were in need of compulsory measures.  This practice was both ground breaking and challenging at time when all offence referrals went automatically to SCRA

4. "Getting it right for young people who offend" EEI PILOT EVALUATION EEI Pilots in Dundee City, Edinburgh City, Fife, Renfrewshire and Glasgow (South) Pilots had 4 key GIRFEC based elements: 1.Delivery of better outcomes for children and YP; 2.Ensuring that interventions are appropriate, proportionate and timely; 3.There being a clear link to victim/reassuring communities; and 4.All collective decisions being captured and reviewed within a child's plan.

5. "Getting it right for young people who offend" Some of the Evaluation Key Findings 1.Interventions are being delivered more rapidly for a significant proportion of young people who are being engaged on offending grounds. 2.Not only are frontline staff engaging more rapidly with young people but they are availing of better information. 3.A broader range of interventions are being utilised prior to referral to the Reporter. 4.There has been a significant reduction in the number of referrals being made to the Reporter.

6. "Getting it right for young people who offend" 5.The Early and Effective Intervention process has the Potential to release noncashable savings. 6.SCRA are able to free up time to consider more complex and difficult cases. 7.The Early and Effective Intervention process has untapped potential. The research also warned against inefficient administrative processes that can lead to the EEI process being seen as burdensome.

7. "Getting it right for young people who offend" EEI – Implementation Guidance This guidance was produced in 2009 an forms part of the range of WSA Guidance. The Guidance draws mainly on the independent evaluation by CONSULTED Ltd. This guidance with its outline of the 3 Stage EEI process was basis of much of the EEI models established across Scotland. The guidance provided suggested key elements in the establishment of effective EEI, such as:  Identification of a Coordinator  Agree meeting representation  Establishing a robust data management system  Agree information that will be sent to victims  Agree representation at meeting  Agree operating processes (including recording process and decision sign-off )

8. "Getting it right for young people who offend" Early and Effective Intervention AIMS 1.Young people will receive appropriate and timely intervention 2.Young people will be diverted away from formal and statutory systems where appropriate. 3.Free up capacity within SCRA and Social Work to concentrate on more complex and urgent need.

9. "Getting it right for young people who offend" Early and Effective Intervention Practice 1.Only refer young people in need of compulsory measures to the Reporter 2.Discussions through multi-agency groups 3.GIRFEC Model 4.Information sharing 5.Police flexible approach 6.8-18

10. "Getting it right for young people who offend" Benefits of EEI Timescales in Aberdeen Before: it took anywhere between 72 and 148 days from the time a crime was reported to the time a disposal decision was reached through the Children’s Hearing System. 62% of cases were dealt with in this way. After: it took around 28 days to reach a disposal decision through Pre- referral Screening. 67% of cases were dealt with in this way. 16/17 year olds Fife piloted including 16/17 year olds in EEI. From April - August 2011, 308 young people diverted, only 12 reoffended within this period

11. "Getting it right for young people who offend" SCCJR - Research Findings Key Benefits of EEI MACP in Dumfries and Galloway A timely response to young people who offend A reduction in paperwork, and an ability to focus on more challenging cases. A consistent, appropriate and proportionate response to young people who offend An informed, holistic view of the young person for participating agencies

12. "Getting it right for young people who offend" SCCJR - Research Findings Key facilitators of successful implementation The local context of D&G team appears key to success of MACP implementation. However, number of transferable points continuously raised and identified: Close-knit working relations between partner agencies Shared agendas and strong leadership Integration of voluntary sector

13. "Getting it right for young people who offend" Whole System Approach An approach that delivers the right service, to the right young person, at the right time (appropriate, proportionate and timely) A way to ensure that services are responsive to the needs of all young people, whatever the risk, offending type or system they are in Diverts young people from formal measures where possible A consistent and sustainable approach for all young people under the age of 18

14. "Getting it right for young people who offend" WSA Culture and Practice Change  Only refer young people in need of compulsory measures to the Reporter;  Reduce the number of young people taken off supervision at 16 where there are still identified needs and risks;  Increase the use of diversion from prosecution where appropriate;  Encourage the Court to remit more 16 – 17 year olds to the Children’s Hearing;  Use/availability of more alternative services to secure care and custody;

15. "Getting it right for young people who offend" EEI Champions Group Towards the end of 2012 the EEI Champions Group Chaired by Barry Blair agreed to hold an EEI Practitioners Event at Stirling on the 17 January 2013. From this event there were 15 clearly identified recommendations in relation to which the Champions Group agreed to establish 3 Short Life Working Groups (with clear terms of reference) to progress these recommendations. These groups were: 1.Menu of Options and Guidance for EEI Disposals 2.Development of Training in relation to EEI 3.Development of National Minimum Standards for Core Elements of EEI

16. "Getting it right for young people who offend" EEI Framework of Core Elements – March 2015 Prior to looking at the Core as outlined in the Framework it is important that we give some consideration to page 1 and 2 of this document that looks at the following Key areas: Principles of EEI - this includes the context within the WSA and what will become increasingly important the wider GIRFEC context and the implementation of the Named Person. Objectives of EEI – These objectives are key in providing a value base and reference point that underpins the Core Elements and ensure we maintain a focus in key aspects of EEI.

17. "Getting it right for young people who offend" Core Elements – Alleged Offence/Suitability of Offence 1.Clear need for sufficiency of evidence 2.Recommendation that Fixed Penalty Notices (FPN) not to be used at the time of charge (possible discussion point) 3.Need to ensure that where possible cases are deemed suitable for EEI once due consideration has been given to:  Lord Advocate Guidance (under 16s)  COPFS guidelines (16 & 17yrs)  Police Guidance for referral to Reporter (including Gravity) 4.An admission of guilt is not part of the criteria for referral to EEI and therefore should nor be a factor in the decision making.

18. "Getting it right for young people who offend" Core Elements – Notification and Consent 1.Young person must be charged in person. 2.Consent for a referral is not required but preferable. 3.Consent is not an admission of culpability. 4.Process should be clearly explained to the young person and their parent/carer as appropriate, including that information will be shared with partners. 5.Initial denial of offence should not prevent offence being referred.

19. "Getting it right for young people who offend" Core Elements – SCRA Checks 1.There should be clear systems in place for Police to check with SCRA (by next working day at the latest) if the young person is an Open Referral or subject to a CSO. 2.If the young person is the subject of an open referral the police should submit an SPR2 to SCRA (and PF if over 16).

20. "Getting it right for young people who offend" Core Elements – Role of the Named Person Clearly this is an area that will be addressed and discussed further in the session in the afternoon when we look at the implication of the Children and Young People (Scotland). What we do know is that: 1.There is a Need for EEI process and Named Person process to come together. 2.It is likely that these Core Elements will require some adjustments/amendments as we move towards the Named Person implementation.

21. "Getting it right for young people who offend" Core Elements – Children on Supervision For young people on supervision there is a presumption that the child will be referred to the Children's Reporter regarding the offence. Presumption maybe rebutted only if due to the minor nature of the offence it is decided that no further formal action or police direct measures are appropriate. In Dumfries and Galloway there is consideration of some multi- agency discussion in conjunction with lead professional re these cases. This could provide additional information to SCRA process and provide a more immediate response to offer additional support/capacity to an existing plan.

22. "Getting it right for young people who offend" Core Elements – Decision Making  We should aim to achieve the target of 15 working days from charge to the multi-agency meeting (decision being made).  Type of information shared as outlined in the Core Elements.  EEI meeting must have necessary authority and only information that is proportionate and relevant should be shared.  Local arrangements should reflect the importance of EEI decision making as being a multi-agency responsibility.

23. "Getting it right for young people who offend" Core Elements – Multi-Agency Decision Making 1.There should be a clear menu of options that reflects those outlined in the Core Elements 2.Even when it is decided to refer a young person to the Reporter agencies should still decide what services require to offered (and where appropriate offer these services in the meantime). 3.Decision is final – A child or young person should not be re-referred to EEI for the same alleged offence, even if they have refused to engage with services offered. Any new ongoing concerns should be submitted through the appropriate channels.

24. "Getting it right for young people who offend" Core Elements – Communication of Outcomes All outcomes form the EEI process should be communicated in written within 5 working days to the:  Child/parents or young person.  Named Person and Lead Professional (where relevant) Where appropriate outcomes of the EEI process should be reported to the victim All decisions must be fully documented in the chronology / child's plan held for that young person by the Named Person / Lead Professional

25. "Getting it right for young people who offend" Core Elements – Performance In line with WSA requirements information in relation to the number of young people processed through EEI will be captured by each local authority. Service providing support and interventions to young people as EEI outcome are under a duty to share concerns and outcome results (completion reports) with the Named Person. Good practice would suggest that other core data is captured such as: offence category; age; gender; previous referrals to EEI; EEI outcomes etc.

26. "Getting it right for young people who offend" EEI Impact?  83% reduction in referrals to SCRA on offence grounds from 2006/7 to 2013/14  Number of recorded crimes by children and YP (8 -17yrs) decreased by 52% from 2008/09 to 2012/13.  The number of under 17s proceeded against in court down from 3,017 in 2006/07 to 889 in 2012/13  The number of under 18s with conviction per 1,000 population fallen from 131in 2006/07 to 41 in 2012/13 This suggests EEI is having an Impact on the lives of YP