This week, following the new ministerial appointments by Prime Minister Andy Burnham, Why me? contacted the relevant ministers calling on them to support wider access to Restorative Justice. We have written to the new Ministers for Prisons, Violence Against Women and Girls, and Justice to share the power of Restorative Justice and urge them to support wider access to it. The new appointments offer a fresh opportunity to reinvigorate support for the sector and our key priorities.
What are we calling for?
Why me? shared three priorities for change, urging the new Ministers to support the implementation of the following calls:
1) A dedicated Right to Explore Restorative Justice in the Victims’ Code
Victims of crime are entitled to the right to be given information about Restorative Justice under the Victims’ Code of Practice. However, the vast majority of victims of crime never find out that it is an option available to them. We are calling for the rights around Restorative Justice in the Victims’ Code (primarily rights 3.4 and 4.5) to be strengthened beyond the welcome amendments suggested in the current government consultation. This should be done by having a separate, distinct section in the new Victims’ Code on Restorative Justice as right now it is getting lost amongst entitlements to other support services. This distinct section would describe what the process is and give people harmed by crime the right to information about Restorative Justice and a referral to a service to explore the option. This would not be a right to take part in RJ – which can only ever be voluntary on all sides and subject to professional risk assessment and facilitation – but a right to explore their options.
As well as the change to the content of the Code, it is imperative that new enforcement mechanisms are put in place to ensure criminal justice agencies comply with the Code, and can be held to account when they don’t. Responsibility for sharing the information with victims of crime and making referrals must be clarified, and agencies need to have adequate training to carry this out safely. A clear pathway must be available to victims of crime whose rights have not been met.
2) To work with the restorative sector to reform the new Re:Hub policy
We support the stated intentions behind ReHub’s new policy framework to make the process more efficient, to provide greater clarity for victims, and to ensure the safety of everyone involved, especially victims of crime. We also agree that extra safeguards are necessary for the most serious and sensitive cases, to ensure proper public protection. However, we are deeply concerned that the decision to introduce a presumption that certain offence types and prison categories are “unsuitable” for Restorative Justice unless in exceptional circumstances, will not achieve these aims and will have damaging unintended consequences, representing a significant step backwards for victims’ rights and for the development of RJ in England and Wales.
The result is that victims of the categories covered by the presumption – a significant proportion of all current RJ cases – will be denied their rights under the Victims’ Code to be told about RJ, undermining the government’s message of “for every victim, whatever the crime”.
We urge the review team to consider the following priority changes, to maintain the spirit of your reforms, ensure enhanced safeguards for the most complex cases, but amend the detail, language and messaging that is already creating the above unintended consequences.
- Replace the language of “presumption of unsuitability” with a requirement for enhanced safety and risk thresholds for complex and sensitive cases, and work collaboratively with the sector to establish what this would look like.
- Monitor and publish the impact of the policy changes. As the new framework is implemented, Re:Hub must commit to track and share data on referrals, case progression and timeliness.
3) Reinstate a Restorative Justice National Action Plan
We are urging the Government to relaunch the annual national Restorative Justice Action Plans, the last of which expired in 2018. Having spent over eight years with no national leadership on this issue, people affected by crime face a postcode lottery when accessing RJ, which differs greatly across the country. This postcode lottery can lead to retraumatisation of people affected by crime who are unable to access the services they’re entitled to. As we approach the end of the role of Police and Crime Commissioners in 2028, this consistency is even more crucial.
When consulting with the restorative sector, the overwhelming response was that one of the most notable barriers to access was inconsistency across areas such as data collection, funding, referral numbers, blanket bans and support from decision makers. A cross-departmental multi-agency National Action Plan would change this, meaning that regardless of where they live, people affected by crime would have equal access to the resources they need. A new National Action Plan should be developed, through active co-production with victims and the restorative sector, to ensure national standardisation of the services available to victims of crime, joined-up thinking to support the people who need it most, and multi-agency working.
It is crucial that the updated Action Plan is accompanied by clarity on who holds ministerial responsibility for Restorative Justice. The current fragmentation of RJ decision-making is causing a lack of coordination and risking contradictions in policy and delivery. This is essential to ensure leadership from the centre, join-up of RJ policy and practice across government, clear accountability, and a key point of contact for the RJ sector.
We look forward to working alongside the new Ministers to widen access to Restorative Justice, and will keep you posted via our newsletter as we learn more.
