Reshaping the youth justice framework in England and Wales through a research-led critique of the Risk Factor Prevention Paradigm
Submitting Institution
Swansea UniversityUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Criminology
Psychology and Cognitive Sciences: Psychology
Summary of the impact
Research and critical analysis by Swansea researchers Haines and Case has
challenged the methodological basis and policy consequences of widely
accepted approaches to risk factor research (RFR) and the risk factor
prevention paradigm (RFPP) in youth justice, and has led to fundamental
changes of direction and emphasis in youth justice policy and practice.
The work precipitated a review of assessment and intervention planning in
youth justice by the Youth Justice Board for England and Wales (YJB),
provided evidence which has led the YJB to abandon `risk' as the central
animator of youth justice policy and practice, and provided further
evidence which underpins the YJB's new `AssetPlus' framework for
assessment and intervention planning in youth justice.
Underpinning research
From 1995, two researchers in the Centre for Criminal Justice and
Criminology at Swansea University, Professor Kevin Haines (Senior
Lecturer: 2005; Reader: 2007; Professor: 2010 onwards) and Dr Stephen Case
(Lecturer: Jan 2005-June 2010; Senior Lecturer: June 2010; Associate
Professor: April 2013 onwards) have engaged in original empirical risk
factor research and conducted a critical methodological assessment of
existing RFR. Key findings from this research uncovered underlying
flaws/issues in the RFR that have influenced the subsequent debate and
reshaping of the youth justice framework. In addition to the work of
others, our research has made distinctive contributions in three main
areas:
1) Adding to the broader critique of RFR: by exploring the
potential for the existence of protective and/or enabling factors and the
nature of the relationship (if any) between risk factors and protective
factors, and by addressing the extent to which RFR can be used to inform
strategy and policy (as opposed to individual interventions) (e.g. outputs
R2, R3 and R4);
2) Conducting our own RFR and offering a distinctive contribution to
the field: by engaging young people in questionnaire design,
empirically investigating and analysing the role of protective and
enabling/positive factors and their relationship to risk factors,
exploring contextual influences on the production, negotiation and
interpretation of risks, eliciting young people's voices in terms of
constructing their own lived experiences of risks (e.g. R6);
3) Conducting the first systematic methodological critique of
international RFR studies, evidencing:
a) an over-reliance on a restricted, partial and over-simplified
evidence-base;
b) excessive determinism in explaining and responding to youth offending,
reliance on imputed and invalid extrapolations of basic data/evidence to
(mis)inform and (mis)guide narrow risk-based policy and practice;
c) utilisation of ambiguous and ill-defined conceptions of `risk' and
`offending', such that the nature of the risk-offending relationship is
poorly understood and insufficiently specified;
d) excessive use of restricted and crude measurement scales that: i) fail
to capture the realities of young peoples' lives and ii) readily permit
erroneous statistical correlations;
e) insensitivity to the dynamic and contextualised nature of youth
offending by employing individualised, aggregated and temporally- and
conceptually-fixed measurements of risk;
f) underplaying of the importance and utility of the views and
perceptions of young people and over emphasis on adult-prescribed
developmental understandings of risk that characterise young people as
passive and helpless recipients of the detrimental effects of exposure to
risk, and failure to distinguish between (crime-related) risks and
(welfare-related) needs when assessing young people's lives and planning
responsive interventions;
g) a lack of sufficient focus on desistance, strengths and promoting
positive behaviour in preference to pursuing more negative and
deficit-based understandings of young people's lives;
h) excessive generalisation and over-imputation of the link between risk
and offending (often based on inadequate — cross sectional — research) and
inadequate criticality in the interpretation of RFR and its translation
into policy (e.g. R1).
RFR and its application in youth justice policy and practice has long
been the subject of academic critique, but Swansea research has had the
distinctive features noted above. This research provides the backdrop to
the specific impact detailed in this case study which has been sustained
through intense engagement between the researchers and key members of
staff at the YJB, including the Chief Executive (following his appointment
in January 2009).
References to the research
Swansea authors given in bold.
R1. Case, S.P. and Haines, K.R. (2009) Understanding
youth offending: Risk factor research policy and practice.
Cullompton: Willan. MONOGRAPH. A peer-reviewed academic monograph (quality
controlled by the editor and reputable publisher) serving as a
comprehensive critical evaluation of the RFR, its dominant theory,
research methodologies and applications within youth justice policy and
practice. ISBN: 978-1-84392-341-1. This book has been positively reviewed
by eminent academics in the field as, for example, `[T]he most rigorous
analysis of `risk' discourses currently available' (Goldson 2009) and
`This is an important and necessary book. All youth justice academics,
practitioners and managers should take note' (Paylor 2010). Over 1,000
copies of the book have been sold. [30 citations Google Scholar]
R2. Case, S.P. (2007) Questioning the `evidence' of risk that
underpins evidence-led youth justice interventions. Youth Justice,
7 (2), 91-106. JOURNAL ARTICLE. A peer-reviewed journal article evaluating
the RFPP on theoretical and methodological grounds, critiquing the
paradigm's lack of understanding of risk and its relationship to the
offending of specific individuals. The article recommends re-orientating
assessment and intervention through systematic consultation with young
people and practitioners. doi: 10.1177/1473225407078771. Youth Justice
is the leading British journal in the field and it has an international
Editorial Board and readership. [37 citations Google Scholar]
R3. Haines, K. and Case, S. (2011) Risks, Rights or Both?
Evaluating the Common Aetiology of Negative and Positive Outcomes for
Young People to Inform Youth Justice Practice, Criminology and Social
Integration (Kriminologija & Socijalna Integracija), Vol.
19(1): 1-13. JOURNAL ARTICLE. A peer-reviewed journal article critiquing
the management of risk and the purported `common aetiology' of negative
and positive outcomes for young people and exploring an alternative
rights— and entitlements-based children first model of youth justice.
R4. Haines, K. and Case, S. (2008) The Rhetoric and Reality of
the Risk Factor Prevention Paradigm Approach to Preventing and Reducing
Youth Offending, Youth Justice, Vol. 8 (1): 5-20. JOURNAL ARTICLE.
A peer-reviewed journal article critiquing the evidential, methodological,
ethical, practical and political issues associated with a risk-focused
approach to youth justice interventions, notably implementation issues and
the conceptually-restricted nature of the dominant `what works'
intervention model. doi: 10.1177/1473225407087039. [23 citations Google
Scholar]
R5. Haines, K. and Case, S. (2012) `Is the Scaled Approach a
Failed Approach?', Youth Justice, Vol. 12 No. 3 pp. 212-228.
JOURNAL ARTICLE. A peer reviewed journal article in which we subject the
Scaled Approach to an empirical test of its impact on re-offending using
YJB data from Scaled Approach Pilot. doi: 10.1177/1473225412461212
R6. Haines, K., Case, S., Isles, E., Rees, I. and Hancock, A.
(2004) Extending Entitlement: Making it Real. Cardiff: Welsh
Assembly Government. This reports the results of a national survey of
young peoples' access to entitlements.
Grants made to Haines and Case to support the above programme of research
include: £128,000 (National Institute for Social Care and Health Research)
'Evaluation of the Impact of the Pentrehafod Prevention Project' (Mar 2010
— Mar 2011), £276,000 (Welsh Assembly Government) `Evaluating the
implementation of Extending Entitlement' (Jan 2003 — Jan 2004 and Jul 2005
— Mar 2007) and a total of £251,000 (Swansea Youth Offending Service) for
an ongoing programme researching YOT interventions (commencing 1999).
Details of the impact
Our research has been influential on the YJB. For example, in 2008 the
YJB published `Assessment, Planning Interventions and Supervision:
Source Document', to accompany YJB guidance on the `Assessment,
Planning Interventions and Supervision', citing two criticisms from
the Swansea work (citing R2 page 93; in YJB 2008 page 12), asserting that
risk assessment in the YJS has become: too individualised `by focusing
on individual, family, school and peer group influences and neglecting
the role of wider structural and socio-political factors.'; and too
insensitive `to individual, social and temporal differences relating
to age, gender, ethnicity, socio- economic status, local area, country,
type of offending...and cultural, political or historical context.'
Making direct further reference to R2, the YJB encouraged practitioners
and managers to improve their assessment and intervention practice by
taking `more account of the social and cultural context of young
people's lives' (YJB 2008 page 12) and through `the qualitative,
appreciative investigation of young people's experiences, aspirations'
(R2 page 102; in YJB 2008 page 49).
In 2009, Haines and Case's critique of RFR and the application of the
RFPP in youth justice was published as a monograph under the title `Understanding
Youth Offending: Risk Factor Research, Policy and Practice' (R1).
Prior to and post publication we engaged with the Chief Executive of the
YJB in a series of informal discussions about the findings emerging from
the research underpinning the book, which precipitated his decision to
instigate a review of current policy and practice. In an email dated April
1st, 2010, the Chief Executive of the YJB stated that,
following his reading of R1, he now believed that `Clearly this is a
moment to pause and think about the fundamentals that underpin our [YJB]
approach to assessment'. This was followed in June 2010 with invitations
to Haines and Case to contribute to a `YJB Seminar' (along with six other
academics and the Chief Executive, Director of Performance and Director of
Strategy for the YJB) to explore the future of the YJB's assessment and
intervention framework. As a consequence, in April 2011, the YJB initiated
a formal review of the existing assessment and intervention framework for
the YJS, in which Haines and Case were subsequently invited to
participate, including reviewing a draft of the YJB's proposals for a new
assessment and intervention planning framework entitled `Assessment and
Planning Interventions: review and redesign project. Statement of
intent: Proposed framework' (YJB 2011).
Culminating in its new `AssetPlus' assessment and intervention framework
(YJB, 2011), the YJB proposes to abandon the RFPP and its reliance on RFR.
In doing so the YJB now rejects the central propositions of RFR that it is
possible to identify risk factors in the lives of young people and target
these factors to reduce (re-)offending — the central critique we advanced
in R1. To replace the RFPP, the YJB's new framework proposes that
interventions with young people should be based on, inter alia,
enhanced levels of engagement with them in assessing their needs and
aspirations, a clear focus on current life circumstances and interventions
which are focused on supporting young people in achieving positive future
outcomes — the arguments we have advanced in several publications (e.g.
R1-R6) A letter from the Chief Executive of the YJB to Professor Haines
(dated June 17th, 2011) stated:
`The research and publications of Haines and Case ...made a significant
contribution to the YJB's review of the Scaled Approach. Your critique ...
was influential in the review process...your research was particularly
important in highlighting the potential pitfalls of relying over-heavily
on limited research evidence and in adopting a too deterministic framework
for youth justice policy and practice...Your research, alongside some
other key pieces of research, was also extremely informative in re-shaping
the YJB's new proposed framework for youth justice'.
A wide range of specific proposals in YJB (2011) can be directly traced
to outputs from the Swansea research, including: a) the YJB's new emphasis
on the strengths of young people and on factors which support/hinder
desistance from offending, notably `interventions targeted on those
aspects of young people's lives that promote positive and pro-social
behaviour', is, in part, drawn from Swansea research, which evidences the
importance of interventions that enhance enabling factors/strengths and
promote positive behaviour (e.g. R1, R3-R6), b) the YJB's recognition that
there should be a clearer distinction between the identification of need
and the likelihood of reoffending, such that `need and risk should be
separately considered and both addressed', draws on our critique of the
ill-advised conflation of criminogenic needs with welfare needs (e.g. R1,
R2), c) that the `link between assessed level of risk and the scale and
nature of intervention [is] too prescriptive' is based on Swansea research
which demonstrates the methodological weaknesses of a wide corpus of RFR
and the inability of RFR to demonstrate causal linkages between risks and
offending (R1), d) the need for `redefining and clarifying the notion of
`risk'' follows from Swansea research which has provided a critique of the
definitional ambiguities surrounding the conception and measurement of
risk and how this produces a false confidence in the validity of empirical
research evidence from RFR (e.g. R1, R2), e) recognition that `the `one
size fits all' approach is too restricted and greater flexibility in the
assessment process is required' and `the range of risk factors included in
Asset and the Scaled Approach are overly limited and that
non-individualised factors should be taken into account', draws on Swansea
research which has evidenced the consequences of the overly-prescriptive,
inflexible, psycho-social, aggregated and decontextualized approach to
assessment and intervention pursued within RFR and by the YJS (e.g. R1,
R2, R5; see also Case 2010), and f) the need for assessments of young
people which are far more iterative and dynamic than at present, offering
`greater scope for professional judgment and assessment', such that
`assessments and interventions should be.. part of a dynamic process' and
a `greater recognition of the importance of the views of young people' in
the assessment and planning process, draws on Swansea research which has
evidenced the value of increasing practitioner discretion and in assessing
young people in a more holistic, contextualized and qualitative manner
based, in part, on enhanced participation by and engagement of young
people (e.g. R1, R2).
The YJB's `Assessment and Planning Interventions: review and redesign
project. Statement of intent: Proposed framework' (YJB 2011), now
named `AssetPlus', rejects the over-reliance on RFR and notions of risk
that have hitherto dominated youth justice policy and practice. In its
place a new framework focused on individualisation and promoting positive
behaviour based on future oriented objectives has been proposed. Swansea
research has been instrumental in bringing about both of the above
changes. The YJB's proposal and the case for change has been accepted by
Ministers and the Ministry of Justice (in June 2012) and on 28/02/2013 the
YJB announced formal Cabinet Office approval for `AssetPlus'
implementation in YOSs — piloting commencing in March 2013. When fully
implemented, the new framework and AssetPlus will radically change the
orientation of the work of staff in Youth Offending Services across
England and Wales, and will significantly alter interventions with the
approximately 50,000 (59,335 young people were sentenced in 2011/12) young
people who enter the YJS every year, bringing about a shift away from
retrospective risk onto a clear focus on enhancing positive outcomes for
young people.
Sources to corroborate the impact
Reports and reviews
Ministry of Justice (2011) Assessing the predictive validity of the
Asset youth risk assessment tool using the Juvenile Cohort Study.
London: MOJ. — references to Case and Haines (2009) on pp. 13 (`key
literature' on needs of young people in YJS), 18, 41 (both critique of
Asset)
Youth Justice Board (2010) Pre-reading for the Assessment and
Intervention Strategy Evidence Gathering Questionnaire. London: YJB.
— suggested further reading Case (2007)
Youth Justice Board (2008) Assessment, Planning Interventions and
Supervision. Source Document. London: YJB. Case (2007) cited on pp.
9 (disagreement over RFR), 12 (`key criticism' of RFR — 7 line quote and 5
line criticism), 49 (3 line quote)
Factual statements
Chief Executive YJB (2011) Assessment and Planning Interventions.
Letter to Professor Kevin Haines, 17th June, 2011 — `my own
thinking has been greatly informed by central parts of your thesis'.