The adoption of consistent risk assessment and management techniques by multiple agencies for sexual and violent offenders in Scotland
Submitting Institution
University of StrathclydeUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Criminology
Summary of the impact
Research commissioned by the Risk Management Authority (RMA) assessed
criminal justice practice in Scotland relating to high risk offenders, and
provided the rationale and founding principles for the RMA to create a
Framework for Risk Assessment, Management and Evaluation (FRAME),
published in July 2011. The key findings from the research were published
in a report, which recommended the need for consistency in risk
definitions and guidance across criminal justice agencies, for
compatibility in information sharing and training, and for greater
inter-agency cooperation and accountability. These recommendations have
directly influenced Government policy and practice in assessing and
managing offender risk, and continue to inform how sexual offenders are
currently managed and how serious violent offenders might also be managed
in the future.
Underpinning research
Context:
With the establishment of the Management of Offenders etc. (Scotland) Act
2005, multi-agency collaboration between Scottish criminal justice
agencies has highlighted the need for the development of a shared
framework for risk assessment and management practice for serious violent
offenders. The Social Work Inspection Agency also reported that while the
risk assessment and management of sexual offenders was well developed, the
same practice with violent offenders required further attention. The Risk
Management Authority (RMA) then initiated an enquiry into violence risk
assessment which would result in core recommendations for the development
of a violence assessment framework, to be implemented across agencies, in
order to reduce reoffending among violent offenders by grounding risk
practice in shared principles, values and standards.
Underpinning research:
In May 2007, the RMA was tasked with undertaking research to inform
whether violent offenders should be brought into multi-agency public
protection arrangements (MAPPA) which then only covered sex offenders in
Scotland. To do this, the RMA commissioned a team of researchers, led by
Dr Monica Barry, Senior Research Fellow at the University of Strathclyde,
to research and report on the development of a risk assessment framework
for violent offenders by evaluating current and developing research,
policy and practice within MAPPA. The team also included Prof. Hazel
Kemshall (De Montfort University) and Nancy Loucks (independent
criminologist). Barry et al. were successful in securing this research
funding following competitive tender, partly based on the fact that
Barry's earlier international literature review for the Scottish Executive
[1] had a high profile in academia and also in policy circles.
The commissioned project included in-depth interviews with policy makers
and practitioners/managers in Scotland, and an international literature
review, which resulted in the co-authored final report, Serious Violent
Offenders: Developing a Risk Assessment Framework (2008) [2]. The key
findings from the research were that:
- Definitions of risk, violence and harm vary across agencies and
professionals;
- Different classifications of risk fail to offer definitive guidance to
professionals in different fields and one working definition of harm
across all agencies would be welcomed by most agencies;
- Movement of offenders between risk levels was constrained, not least
in terms of downgrading and exiting the system, and it was feared that
violent offenders would `swamp' the system;
- Inter-agency cooperation was viewed as constructive and effective in
current work with sex offenders, but clearer guidelines, protocols and
agreements would ensure greater accountability when including violent
offenders;
- Greater compatibility was needed in IT systems, information sharing
and training across the various agencies.
The final report not only underlined areas of attention and development,
but also made crucial recommendations to promote multi-agency practice.
Based on her fieldwork, Dr Barry established how agencies in Scotland
define risk and work with violent offenders. In particular, the interview
data showed concern amongst policy makers and practitioners about the
feasibility and viability of the current framework for sexual offenders
being a potential model for a violence assessment framework. Such a
framework could only be achieved by addressing the differing definitions
of risk, harm and violence used across agencies with different remits. The
report's findings underlined the need to establish agreed values, develop
a structured approach, and adopt shared practice standards and a common
language of risk across the agencies intervening in the risk assessment
and management process.
Key Researchers: Dr Monica Barry, Senior Research Fellow, School
of Law, University of Strathclyde (April 2007 to present); Professor Hazel
Kemshall, De Montfort University; and Nancy Loucks, Independent
Criminologist. As Principal Investigator, Dr Barry undertook the bulk of
the fieldwork, and also oversaw the budgetary arrangements and writing of
the final report. Nancy Loucks led on the literature review while Prof.
Kemshall was responsible for developing the assessment framework and
training CD-ROM.
References to the research
Notes on quality: This report for the Scottish Executive has been
highly regarded by both practitioners and researchers in the field of risk
assessment and management, and was instrumental in the Scottish Government
preferring the bid by Barry et al. for the RMA contract. This this was
published after Barry became a researcher at the University of
Strathclyde, but the research bridges two institutions, Stirling and
Strathclyde.
Notes on quality: In the 2 years that this document has been on
the Strathclyde Institutional Repository, the full text has been
downloaded 226 times (up to July 3013). This publication has been widely
circulated and cited by not only policy makers and practitioners, but also
academics in the field of risk assessment and management and multi-agency
working. It is also relevant internationally. Indeed, Barry was invited to
present the findings from the report to policy makers and practitioners in
the risk management field in Japan in 2011.
Other evidence for quality of research (grants, patents etc.). A
grant has been secured from London Probation Trust to explore MAPPA
developments in that area (£20,000) and a proposal is being developed to
extend this work across several Probation Trusts in England and equivalent
areas in Scotland (approximately £200,000).
Details of the impact
Process from Research to Impact
The impact arises from the research commissioned in May 2007 by the Risk
Management Authority (RMA). Following its publication on the RMA website
in 2008, the report `Serious Violent Offenders: Developing a Risk
Assessment Framework' was widely circulated among policy makers and
practitioners working with the agencies involved in the risk assessment
and management of violent offenders. The report included 18
recommendations and the Risk Management Authority responded in writing to
fully endorse these, and address a number of issues highlighted by Dr
Barry's interview data.
The research enabled the RMA to move to an improved model of risk
assessment, which ensured greater consistency of risk assessment across
Scotland and across criminal justice agencies. The Chief Executive of the
Risk Management Authority Scotland has noted that the Government's, 2011,
Framework for Risk Assessment Management and Evaluation (FRAME) policy
paper (Source 1) was directly influenced by Barry et al.'s report, the
recommendations from which "were opportune and influential" in
creating the 2011 guidance, and notes that FRAME `applies across all
offender groups and agencies [and] to this extent the impact and reach
of [Barry et al.'s] report can be viewed as being significant'
(Source 2).
In one RMA document entitled `Violence Risk Assessment: Towards a
structured decision making framework: Phase 1' the RMA suggested that the
Barry et al. report was `[a] first step in a long-term project... the
journey towards a universal framework for violence [which] will not be
quick or straightforward'.
Chapter 1 page 6 of the FRAME guidance states "This project is focused
on the development of a consistent, evidence-based framework for risk
assessment and management that is grounded in first principles and is
applicable across agencies and offender groups. . . The origins of this
project lie in the findings of earlier Scottish research [Barry et
al.2008] that sought to explore and advise on violence risk assessment.
The research identified confusion within and between agencies on
fundamental issues of understanding, assessing and communicating risk"
(Source 1).
Impact on policy makers and policy
The RMA welcomed the recommendation that agencies collaborate to achieve
common definitions of risk and accepted that it should lead this process
through a national debate with stakeholders. The Multi-Agency Public
Protection Arrangements (MAPPA) Guidance for Scottish professionals was
revised in early 2012 to incorporate Barry et al.'s recommendation that
the Violent and Sex Offender Register, which shares information between
police and social work, be rolled out nationally and include health boards
and prisons, and this has now been implemented.
Within the Scottish Government, the Community Justice division is now
looking at including violent offenders within MAPPA in view of developing
policies in this area (2013), and Scottish Government policy makers are
currently meeting with their counterparts in England and Wales regarding
lessons to be learnt from south of the border. The Scottish Government
also recently employed a researcher for two years to look at the
feasibility of violent offenders being incorporated into MAPPA. The Barry
et al. report was deemed crucial background reading for this new staff
member, since the report gives a clear structure to bringing violent
offenders into MAPPA (Source 3).
Impact on training of professionals
The RMA agreed with the recommendation that staff training on risk
assessment and management needed to be addressed. It also acknowledged
Barry et al.'s advice that training should not only focus on assessment
tools, but also on wider concepts of risk, risk formulation and theories
of risk and violence. The Chief Executive of the Risk Management Authority
Scotland noted that by May 2012 around one thousand social work staff had
undertaken this training, and the number has increased steadily since then
(Source 2).
The risk and needs assessment tool recommended by the Barry et al.
research was the Level of Service/Case Management Inventory (LS/CMI) which
supports criminal justice social workers to assess offender needs and risk
and to identify the most appropriate intervention. This tool has now been
wholly adopted by social work departments in Scotland and training in its
use is now complete. The recommendation that the tool's use and
effectiveness should be evaluated has been implemented, and in 2013
evaluation is ongoing (Source 3).
Influence on planning and strategy
In turn, this training and Barry et al.'s report are contributing to
further reflection within the RMA and among its key stakeholders on the
best way forward in the development of a consistent risk assessment and
management tool for violent offenders. The RMA consultation document
'Standards and Guidelines' (Dec 2012) acknowledged that " a consensus has
developed in Scotland about the need to establish a meaningful way of
expressing risk that is shared between agencies and across geographical
boundaries". This document was updated in March 2013 and now additionally
states that "the publication of FRAME has laid the foundation for a shared
language of risk assessment and management" (Source 4 p.103).
Management of risk
MAPPA operates 3 levels of risk to determine the intensity of agency input
into sexual and violent offenders: level 1 is low risk of harm and managed
by single agencies; level 2 is medium risk of harm and is managed by
practitioners in several relevant agencies; and level 3 is high risk of
harm and is managed by senior managers in several relevant agencies. The
aim is to downgrade the risk level according to the effectiveness of
interventions, not least because level 2 and especially level 3 input is
intense and therefore costly. Since 2008, the number of sex offenders
managed at level 1 and down-graded from levels 2 and 3 has been
`significant' (Source 3). Level 1 offenders have increased to 88% of all
high risk offenders managed under MAPPA in 2012 compared to 76% in 2010,
and 66% in 2009, following on from Barry et al.'s recommendation that
categories of offender risk should be monitored and downgraded based on
sound risk assessment, management and regular review.
Wider influences
Since 2008, Barry's research has reached a wider audience of professionals
including a Think Tank organised by the Scottish Centre for Crime and
Justice Research (2008) and senior policy makers and practitioners in risk
assessment and management of high risk offenders at Rikkyo University in
Tokyo, Japan (2011). The Scottish Government's Children, Young People and
Social Care Directorate consulted with Barry on the future implementation
of the Protection of Vulnerable Groups (Scotland) Act 2007. Her research
is referred to in Chapter 7 of Scottish Youth Justice Practice Guidance,
Feb 2013, (Source 4) noting that the comprehensive assessment of an
offender must include an assessment of the likelihood of the individual
committing further offences.
In 2012, Barry was funded by the London Probation Trust to undertake a
study of MAPPA processes and outcomes across London. This informed a
large-scale research proposal to ESRC in mid-2013 to compare the Scottish
risk assessment and management framework with similar developments in
England.
Sources to corroborate the impact
1) http://www.rmascotland.gov.uk/files/5713/0943/0052/FRAME_Policy_Paper_-_July_2011.pdf
Risk Management Authority (2011) Framework for Risk Assessment, Management
and Evaluation: Frame, Paisley, Risk Management Authority cites the
research of Barry, Loucks and Kemshall in respect of the need for
consensus in defining, assessing and managing risk within and between
criminal justice agencies.
2) Statement from Chief Executive, Risk Management Authority
3) Policy Officer, Public Protection Unit, Safer Communities Division,
Scottish Government can be contacted to support influence on policy and
training
4) http://www.rmascotland.gov.uk/files/5313/7898/5312/Standards_and_Guidelines_for_Risk_Management_web.pdf
5) Barry et al.'s (2007) paper was also referred to in the Youth Justice
Practice Guidance February 2013 http://www.cjsw.ac.uk/sites/default/files/Guidance-Chapter-7-Managing-High-Risk-v2-2013.pdf