Case Study 1: Enhancing the effectiveness of youth justice policy and practice
Submitting Institution
University of EdinburghUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Criminology, Sociology
Summary of the impact
Since 1997, the Edinburgh Study of Youth Transitions and Crime (ESYTC)
has generated new knowledge about youth offending and the impact of
interventions. This has led directly to reform in youth justice policy and
practice in Scotland, and has had influence internationally. Two examples
of impact in the period are: (i) providing the `sole basis' for amendment
of the Children's Hearings (Scotland) Act 2011, concerning the status of
childhood offences at Children's Hearings; (ii) providing the evidence
base for Scottish Government reforms to youth justice and national
implementation of the `Whole System Approach' (WSA), resulting in a
reduction in offending.
Underpinning research
ESYTC is a prospective longitudinal study of pathways into/out of
offending amongst a cohort of around 4300 young people in the city of
Edinburgh. Established in 1997 under the leadership of David J Smith
(Edinburgh 1994-2004) and Lesley McAra (appointed in Edinburgh 1995), and
managed throughout by Susan McVie (appointed in Edinburgh 1998), ESYTC is
one of the largest single-age cohort studies of its kind in the world and
is one of a small number of studies in this field that have been
influential worldwide. The study is innovative in its design in terms of
breadth of coverage (using a census approach to maximise inclusion),
complexity of data management (including development of multiple
datasets), and extent of data linkage (combining data from surveys with
various administrative sources). Data collection has included six annual
sweeps of self-report surveys from cohort members (age 12-17); official
records from police, social work, children's hearings, schools and
criminal convictions records; surveys of parents and teachers; a community
survey; and compilation of a Geographic Information System incorporating
census and police-recorded crime data. A follow-up self-report survey
sweep (age 24/25) was recently completed for a sub-sample of the original
cohort.
The research has been guided by an expert Advisory Group (chaired by
Professor Sir Michael Rutter), including senior academics and
representatives from Scottish Government, Lothian and Borders Police, City
of Edinburgh Council Social Work and Education Departments, Scottish
Children's Reporter Administration, Scottish Prison Service, Crown Office
and Procurator Fiscal Service, and several voluntary bodies that work with
young people. These organisations have contributed to the research in
terms of facilitating access and advising the research team; and benefited
from it through receiving research briefings, bespoke seminars and
presentations, direct dialogue and advice on policy and practice. ESYTC
has an exceptionally strong public-policy focus across the UK, as
evidenced by close working relationships with policy-makers and
practitioners through activities such as: direct engagement with
politicians; expert testimony; advisory and awareness-raising activities;
and KE events for central and local government and other organisations.
The success of the research has been facilitated by the marriage of
McAra's theoretical insights with McVie's advanced quantitative expertise,
both often drawing from disciplines outside criminology, to generate new
understanding about youth offending.
The high quality of the ESYTC research has been enhanced by linking
self-report offending data with official data on both juvenile and adult
criminal-justice processes. Robust analysis of these data has resulted in
a series of high-impact academic publications that highlight four key
findings and upon which the claimed impact is based:
- Involvement in serious offending is strongly linked to multiple
aspects of vulnerability and social adversity amongst young people.
- Early identification of at-risk children is imprecise, and
inappropriate use of formal controls risks recycling young people around
the justice system, irreversibly stigmatising them, with negligible
beneficial effect.
- Pathways out of offending are facilitated or impeded by critical
moments in the early teenage years, particularly experience of exclusion
from school.
- Appropriately targeted diversionary strategies can facilitate
desistance from serious offending.
References to the research
Grants
Two ESRC grants totalling £675,000 (the end of award report in 2003 was
rated as `outstanding'); five Nuffield Foundation grants totalling
£535,000; three Scottish Government grants totalling £303,000 plus
secondment of a Principal Researcher (60% for 9 months) and a Research
Associate (60% for 3 months).
Publications
(3.1) L McAra and S McVie, `The Usual Suspects? Street-life, Young People
and the Police' (2005) 5 Criminal Justice 5-35
[doi:10.1177/1466802505050977]
(3.2) L McAra and S McVie, `Youth Justice? The Impact of System Contact
on Patterns of Desistance from Offending' (2007) 4 European Journal of
Criminology 315-45 (Reprinted three times in: Farrall and others 2010;
Little & Maughan 2010; and Goldson & Muncie 2009) [doi:
10.1177/1477370807077186]
(3.4) L McAra and S McVie, `Youth Crime and Justice: Key Messages from
the Edinburgh Study of Youth Transitions and Crime' (2010) Criminology and
Criminal Justice 179-209 [doi: 10.1177/1748895809360971]
(3.5) L McAra and S McVie, `Negotiated Order: Towards a Theory of
Pathways into and out of Offending' (2012) 12 Criminology and Criminal
Justice 347-76 [doi:10.1177/1748895812455810]
Details of the impact
ESYTC has had an impact in two main ways:
a. Providing the evidence base for the Scottish Government's reforms
to youth justice and thereby supporting reductions in offending
The findings on the effectiveness of policing and youth-justice
interventions (McAra and McVie 3.1, 3.2, 3.3 and 3.4) formed the evidence
base for the Scottish Government's recent reforms to youth justice,
including the Early and Effective Intervention Programme for under 16s and
the Whole System Approach for under 18s. The Whole System Approach, in
particular, was developed to deal with high-risk young people involved in
offending and represents a major shift away from punitive measures towards
maximum use of diversion, a key focus being to keep 16 and 17 year-olds
out of the criminal justice system. The Whole System Approach has been
promulgated by the Scottish Government as "an effective way of working"
because it is underpinned by the ESYTC evidence that intensive
system-contact can have detrimental consequences for offending behaviour
and longer-term life chances (5.5).
The Early and Effective Intervention Programme has now been rolled out
nationally. The Whole System Approach was piloted by Northern Community
Justice Authority in 2010 and, on the basis of positive early evaluation,
was rolled out nationally to all 32 Local Authorities in September 2011,
along with guidance that draws heavily on ESYTC findings. All but two
Local Authorities in Scotland are currently signed up to adopting the WSA
(5.4).
These measures resulted in major and significant reductions in offence
referrals to the Scottish juvenile justice system. According to Daniel
Kleinberg, Ex-Head of Youth Justice in Scottish Government:
The following statistics are evidence of some of the success seen in
action on the insights contained within the Edinburgh Study —
- Nationally, since 2007/8 offence referrals to the children's reporter
have fallen by 66%, from 16, 490 to 5,604 in 2011/12, with a 31%
reduction from 2010/11 to 2011/12.
- Since 2008-9 the Policing Performance Framework has collected data on
youth crime: the number of recorded crimes and offences committed by
children and young people (8-17 year olds) decreased by 32% between
2008-09 and 2011-12. The number of children and young people (8-17) who
committed crimes and offences decreased by 9% between 2010-11 and
2011-12. (5.2)
The longer-term implications have been confirmed by Kenny MacAskill,
Cabinet Secretary for Justice: `The work they [McAra and McVie] have done
on the Edinburgh Study of Youth Transitions and Crime has been important
in providing the underpinning evidence for the approach this Government
has taken to youth justice issues. The more we resort to formal measures
in dealing with children, the greater the risk we draw them further into
the system. So we need to use those measures very carefully, and in a way
that tackles the needs, not merely the deeds, of all young people who
offend.' (5.3)
Confirming the `significant impact' that the work of McAra and McVie has
had on the 2005-2010 Labour and 2010- Coalition governments in England and
Wales, as developed by the Youth Justice Board (YJB), ex-Chief Executive
of the YJB, John Drew, has stated: `...the Edinburgh study is the most
significant large scale piece of research in this area undertaken in the
last several decades and needs careful review by all policy makers and
practitioners working in this area.' (5.8)
b. Influencing amendment to the Children's Hearings (Scotland) Act
2011
The age of criminal responsibility in Scotland (currently age 8) is one
the lowest globally. The children's charity Action for Children Scotland
used ESYTC findings about poor long-term outcomes for children dealt with
through the Children's Hearing System as supporting evidence for their
report `Where's Kilbrandon Now?' (2010). This report examined proposals
for reform to the youth justice system via the Children's Hearings
(Scotland) Bill. It stated: `The [Edinburgh] Study offers a huge amount of
information and analyses on the lives and fortunes of these children and
the connections between socio-economic circumstances, parenting,
interventions, school exclusions and crime. This should be of immense
interest and use to government, councils and panels in shaping the
services needed and avoiding the mistakes of the past.' (p 11) (5.6).
McAra joined the Children's Hearings (Scotland) Act 2011 Working Group.
According to senior members of Scottish Government, the evidence from the
ESYTC was used as the `sole basis' for changes to the Children's Hearings
(Scotland) Act 2011 (Part 18, section 188) to ensure fewer children have
minor childhood transgressions disclosed to future employers and that
offences admitted at Children's Hearings no longer count as convictions,
but as alternatives to prosecution (5.7).
Sources to corroborate the impact
(5.1) McAra and McVie were jointly awarded the Howard League Research
Medal 2013. The medal is awarded for outstanding research with real-world
impact:
http://www.howardleague.org/research-medal-winners-2013/
or (http://tinyurl.com/oel4ob6)
(5.2) Testimonial from Ex-Head of Youth Justice, Children and Family
Division, Scottish Government [to be supplied by HEI on request] This
provides concrete evidence and statistics on the reduction of offence
referrals and youth offending in Scotland as a direct result of the Whole
System Approach adopted by government that is based on the underpinning
research.
(5.3) Testimonial from Cabinet Secretary for Justice at the 4th Annual
Youth Justice Conference on 13th June 2012, Dundee:
http://www.scotland.gov.uk/News/Speeches/youthjusticespeech13062012
or (http://tinyurl.com/o42jwcb)
The is evidence of the significance of the political policy change on
approaches to youth offending that is directly attributed to the
underpinning research.
(5.4) Northern Community Justice Authority interim report on Scottish
Government Whole Systems Approach: http://www.scotland.gov.uk/Resource/Doc/925/0121352.pdf
or (http://tinyurl.com/o4qtdtr)
This provides evidence of the extended reach of the Whole System Approach
across Scottish local authorities, with all but two committed to its
adoption.
(5.5) Scottish Government website on the Whole Systems Approach:
http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/reoffending
or (http://tinyurl.com/nvyldgr)
This provides details of the Whole System Approach itself and its
endorsement by Scottish Government.
(5.6) Action for Children Scotland's report `Where's Kilbrandon Now?:
http://www.actionforchildren.org.uk/media/1152872/wheres_kilbrandon_now_march_2010.pdf
or (http://tinyurl.com/ony3qde)
This provides evidence of independent uptake of the research and
acknowledgement of its wide-ranging importance for policy and law reform.
(5.7) Children's Hearings (Scotland) Act 2011: http://www.legislation.gov.uk/asp/2011/1/contents
or (http://tinyurl.com/o47moup)
This legal text in Part 18, section 188 demonstrates directly the
incorporation of core findings of the research to ensure fewer children
have minor childhood transgressions disclosed to future employers and that
offences admitted at Children's Hearings no longer count as convictions.
(5.8) Testimonial from Ex-Chief Executive of the Youth Justice Board for
England and Wales [to be supplied by HEI on request] This corroborates the
claim to both the significance and extended reach of the research beyond
Scotland and the relevance and importance of the findings for all law and
policy makers concerned with youth offending.