“More than five years on since David Lammy’s review revealed the shocking extent of racial disproportionality in our criminal justice system, our report shows that many of the issues he identified remain stubbornly persistent.” 

Of course, I welcome the transparency that this analysis brings. However, as someone who has worked tirelessly throughout my career to create a fairer criminal justice system, I am bitterly disappointed by the government’s lack of progress on its commitments. 

In his 2018 Perrie Lecture, David Lammy said: “You cannot be in the criminal justice business and not be in the race business.” 

And one cannot support children and young adults in the criminal justice system without being uncomfortably aware of the deep-seated racial disparities that exist. According to the Ministry of Justice’s statistics, over 40% of 18-24 year olds in custody are young Black and minority ethnic adults. 

That’s why the work of T2A is hugely important. Together with T2A Alliance members, we’re doing all we can to ensure that every young adult in the criminal justice system gets the support they need, based on their ongoing maturity and not simply on their chronological age. 

We often speak to practitioners across HMPPS who want to do more to support young Black and minority ethnic adults, so we must continue to create accessible resources and tools that enable them to do so.24 year olds in custody are young Black and minority ethnic adults. 

Training materials should cover everything from understanding how to talk about race and increasing cultural awareness, to learning more about implicit bias and discrimination. Listening to Black and minority ethnic organisations and the young adult they support will ensure these materials are grounded in lived experience. Spark Inside’s recent #BeingWellBeingEqual report highlighted the importance of this approach, and how promoting young Black men’s wellbeing can help them unlock their full potential. 

Learning how to support young adults to move from a pro-offending to pro-social identity will also be crucial. With a stronger insight into how identity and trauma inform behaviour, staff will be able to develop more positive relationships with the young Black and minority ethnic adults in their care. 

I know that the scale of the challenges we face may feel insurmountable at times. Many people, myself included, are rightly disappointed that so little has changed since David Lammy’s landmark review five years ago. 

But we must not let this deter us. We must harness this energy and relentlessly focus on the work ahead of us. And if you’re feeling a tad cynical, which is completely understandable, I invite you to delve into the power of optimism. 

Want to learn more about how to support young adults in the justice system? 

The changes have ranged from who may be referred to the Parole Board, to what professionals working for the Ministry of Justice can say to the Board in written and oral evidence. In the recent case of Bailey v SSJ the High Court said that one piece of guidance “may well have resulted in prisoners being released who would not otherwise have been released and in prisoners not being released who would otherwise have been released.” All the changes made by the current administration apply indiscriminately to anyone going through the process, regardless of age.

Young adults, currently defined by the Parole Board as 18-21-year-olds, only make up around 2% of its overall case load. But data revealed in a new T2A report on young adults and parole shows that there are some important differences in the characteristics of this cohort compared to older adults..

First, young adults are much more likely to appear before the Parole Board because they have been sent back to prison for alleged failures on supervision after automatic release from a standard sentence. The Board must then decide whether it’s safe to re-release them. Last year 97% of all initial ‘paper reviews’ by the Parole Board of young adults were because they had been recalled. Yet, across all age groups only 73% of cases concerned recalls.

A recent report by the Chief Inspector of Probation found that “most recalls to custody were caused by homelessness, a return to drug or alcohol misuse or a failure to ensure continuity of care pre and post release – not by re-offending.” Young adults can be particularly susceptible to be being recalled given that their developing maturity may make it harder to comply with licence conditions.

Second, when young adults are considered in more depth and have a chance to explain themselves to the Parole Board at an oral hearing, they are much more likely to be released than older applicants. In 2022, 59% of all young adults were released following an oral hearing whereas the overall release rate for all reviews was one in four.

When we see young adults in the criminal justice system solely as people to be punished, we deny them the opportunity to forge a better future. We rob them of their full potential. If we don’t rehabilitate young adults at this crucial juncture in their development, the desistance process becomes much more complex after the age of 25 due to the “scarring effect” of “new adversities which are emergent in adulthood” (University of Edinburgh Study March 2022).

Prisons should focus on the rehabilitation of every individual. Young adults who are given the chance to grow, develop and realise their potential during their time in prison are less likely to reoffend – and more likely to positively contribute to society.  This is exemplified in a new report from Spark Inside. Its detailed paper Being Well, Being Equal contains a comprehensive list of recommendations on how we can prioritise the wellbeing of young men, and particularly young Black men in the criminal justice system. Spark Inside’s recommendations could not be more timely when we consider the scale of the challenges young adults face.

A 2021 thematic report from HM Chief Inspector of Prisons (HMIP) on the outcomes of young adults in custody stated: “if action is not taken, outcomes for this group and society will remain poor for the next decade and beyond.” The December 2022 HMIP thematic review into the experiences of adult black male prisoners and black prison staff found that lack of trust in prison staff was a significant barrier to asking for support.

“Prisoners generally had low expectations of the help that they might be given if they needed support; some gave examples of times when they or friends had sought support and not received it, and others did not feel that staff had the cultural sensitivity, expertise or experience to help them, and therefore did not want to ask for help.” (HMIP, 2022)

This places young Black men in the criminal justice system in an incredibly vulnerable position – one where they feel unable to seek help from the very people who have a duty of care to keep them safe.

The evidence is clear. We must act now. But where to start? Spark Inside believes we need to listen to the voices and experiences of young adults and the organisations that advocate on their behalf. Involving Black-led and Black specialist organisations in the development of wellbeing strategies will lead to greater engagement and trust on both sides – creating an approach to young Black men’s mental health and wellbeing that considers their distinct needs.

Empowering young adults to play a role in shaping policy and practice is also key. Being able to actively participate in matters that have a huge impact on their lives will boost their self-confidence, self-esteem, sense of agency, and wellbeing. Spark Inside have rightly identified that training and coaching will be vital to see through the report’s recommendations.

Many prison and probation officers want to do more to support young adults, but they don’t have the resources, time or support. HMPPS ringfencing time for staff to receive specialist training will help them understand how to effectively meet the needs of young adults – leading to more open and positive relationships. It will also help people working across the prison estate to explore and challenge discriminatory attitudes towards young adults, particularly young Black adults.

Right now, with organisations like Spark Inside working directly with young adults, we have a chance to create a criminal justice system that focuses on rehabilitation rather than punishment. A system where young adults can gain the skills and confidence they need to thrive. A system where every young adult can unlock their full potential. But we need to grab this chance with both hands if we are to ever make it a reality.

Last week’s publication of the long-awaited Delivery Plan for the 2018 Government Strategy on women’s offending has been met with a warm, but guarded, welcome by charities and others working to reduce the harm caused to women by the criminal justice system and prison. In January 2022 a National Audit Office report criticised the “disappointing” progress in implementing the strategy. This and the Public Accounts Committee report in April 2022 called for the Ministry of Justice to get a grip on delivery with a clear plan, funding and measures of progress.

Opportunity for change

The resulting Delivery Plan presents a real opportunity to create lasting change in this area. The three original Strategy aims – 1) Prevention and early intervention 2) Reducing the use of prison whilst increasing use of community sentences 3) Improving outcomes for women in custody – are now joined by a fourth: Improving outcomes for women on release. Ministry of Justice reporting on progress with the Plan will include remaining actions from both the Farmer Report (on the role of families) and the Concordat (to promote multi-agency action). The Delivery Plan includes much needed metrics about impact (rather than outputs) with baselines to measure progress, including on rates of arrest and prosecutions, numbers of prison sentences, reoffending and employment rates etc.

Omissions

There are some gaps in the Plan. It needs to explicitly include the Tackling Double Disadvantage: Ten-Point Action Plan published by an alliance of organisations led by Hibiscus, which has clear actions for change to address the double disadvantage experienced by Black, Asian and minoritised women.  Unfortunately, the voices, strengths, and assets of women in the system don’t feature in the way they should. This has to be a golden thread throughout implementation, otherwise, initiatives like Problem Solving Courts and actions to support resettlement are likely to be undermined.

Keeping up the pressure

How can funders like Barrow Cadbury Trust and organisations that are campaigning and delivering services ensure this Plan delivers “deeds not words”?  We know that shining a light on progress (and lack of it) is vital to influence those in power, to enable those involved to  keep ‘chipping away’ at change, and to ensure accountability if that doesn’t happen. Organisations like Prison Reform Trust and Women in Prison have shown that forensic follow-up on commitments is vital and helps prevents actions from ‘falling through the cracks’. Sixteen years after Baroness Jean Corston’s clear blueprint for change, this has too often been the story for women in the criminal justice system.

Collaboration and Coalitions

Members of the new National Women’s Justice Coalition (NWJC), Corston Independent Funders Coalition (CIFC), Agenda, Clinks and others have demonstrated over the years how women’s specialist charities and independent funders are key partners in delivering impact, but they are too often overlooked by those in power. Officials working on probation service reform are already listening more closely to charities working on the ground.  This new Plan is the opportunity to ensure these key players, and women themselves, are at the heart of a new system of justice. We know that “a goal without a plan is just a wish” and if this plan is funded and implemented properly, we could see a wish eventually become transformational systems change for women, families and communities.

In the UK, the voluntary sector plays a vital role in providing services, supporting those most at risk of engagement in the criminal justice system, campaigning for policy reform, informing the media and influencing public debate.  

 The sector is diverse but, due to historic underfunding, organisations run by and for people from Black, Asian and minoritised ethnic groups tend to be smaller and find it harder to achieve critical mass and sustainability.  

 Informal conversations between independent trusts and foundations and organisations run by and for people from Black, Asian and minoritised ethnic backgrounds concluded that investing in leadership development could be transformative and contribute to positive social change for people in the criminal justice system and wider society.  

Barrow Cadbury Trust and Lloyds Bank Foundation now wish to commission an organisation (or a partnership) to design and deliver the pilot programme over two years to support Black, Asian and minoritised ethnic leaders.  

About the Community Leadership Development Programme 

What is the primary objective of the programme? 

The overarching objective of the programme is to challenge and change the criminal justice system, from policy through to service design and delivery. To do this a stronger and more experienced specialist sector should be empowered and enfranchised to promote radical change and advocate for new approaches. The programme should be a unique leadership development programme tailored to Black, Asian and minoritised ethnic leaders working in criminal justice. 

The pilot programme will have four core elements:  

• wellbeing; 
• networking;  
• policy development and influencing; and  
• organisational development.  

The aim is to increase the resilience and capabilities of current leaders, supporting them to lead social change.  

What sort of knowledge and expertise is needed? 

We expect the provider to be, or work in partnership with, an organisation which is led by people from Black, Asian or minoritised ethnic communities, and have knowledge of the policy context for criminal justice charities and leadership development for charities. The provider/partnership should have clear demonstrable experience of delivering work in line with the programme design brief. 

Will the programme be monitored and evaluated?  

Over the course of the programme the provider will be expected to capture learning and feedback. The provider will be expected to design and implement a robust monitoring and outcome evaluation framework as part of the programme delivery model.  The Barrow Cadbury Trust and Lloyds Bank Foundation are considering an external evaluation this which will be funded separately. 

How much budget is available?  

The Barrow Cadbury Trust and Lloyds Bank Foundation have a budget of up to £200K for this programme.  

What is the Application Process?  

This is a two stage application process. The deadline for the first stage is 5pm 27 March, with the preferred supplier appointed at the end of June. 

Download a copy of the full programme design brief
Download a copy of the bidder profile form

“I want the words and language to argue for change!”

“I’d like the community I work in to know how the economy could change to benefit them.”

These are just some of the reasons participants gave for joining Shift Birmingham, which kicked off at Stirchley Baths in the south of the city in September. The free training programme brings together changemakers from across Birmingham to look at how power and resources in the city can be rebalanced.

The cohort includes 23 people making a difference across Birmingham in various ways- from a nursery manager to a housing campaigner and a community hub manager at a local college. With the first session postponed due to the unprecedented heatwave in July, there was an atmosphere of excitement and anticipation as the inspirational group met face to face for the first time.

The first session set the foundations for a ten month journey where the cohort will be looking at how to improve the local economy and the lives of communities they live and work with, who are being hit hard by the cost of living crisis. They’ll look at opportunities for change that build on the strengths and assets that exist in Birmingham.

Participants will explore pressing economic problems that affect the city – from the housing crisis to the climate crisis — and get confident understanding and talking about their root causes, how they are connected and how to address them. They will also be supported to get their voice heard in the media, and to influence people in positions of economic power to make the type of change this participant called for:

“Jobs for local communities. Skills for local people. Services where we need them.”

Shift Birmingham is delivered by Economy and funded by Birmingham City Council’s Neighbourhood Development Support Unit and the Barrow Cadbury Trust.

This blog is cross-posted from Economy’s recent newsletter.  Many thanks to Economy for allowing us to share it.

Why focus on young adults?

T2A has been advocating for age appropriate services for more than a decade.  In that time we’ve amassed substantial evidence from neuroscience which shows that the brain is not fully formed until at least the mid-20s. The upshot of this is that young adults typically have more ‘psychosocial’ similarities to older children than to adults in their reasoning and decision-making. Young adulthood is also a stage of life where behaviour change is more likely. There is a crucial window of opportunity where desistance from crime can be nurtured as the young adult brain is receptive to learning and personal growth.

 Working in the police service for many years, I witnessed first-hand the impact on young adults, their families and communities when they are in the justice system. As the newly appointed chair of the Transition to Adulthood Alliance (T2A), I’m pleased to see a shift in the Government’s approach to 18-24 year olds in the Inclusive Britain report but this does mark a different approach to some recent positions adopted by the Government. For example the legislative changes planned in the Police, Crime, Sentencing and Courts Bill which removes some existing recognition that young adults should be treated differently because of their developmental status. Nevertheless, key parts of the justice system, notably prisons and probation, acknowledge that young adulthood extends up to the age of 25 and require a distinct service.

Disproportionality

At T2A, we are very concerned by the significant and growing disproportionality of young adults of colour in the criminal justice system. These disparities have continued to increase as consecutive governments have failed to hear and deliver on the recommendations from several reviews of the criminal justice system — such as the 2017 Lammy Review,  and going back many years now the Macpherson Inquiry — where potential reasons for racial disparities were explored and the need for more systematic research to understand the causes has been identified.

Next steps

I would like to see the government go further and commit to providing age appropriate services, which tackle long-standing inequalities, right across the criminal justice system.

Recently the government showed its intent to invest in supporting families with complex needs and has asked the Children’s Commissioner to review the way public services understand the needs of children and families. We would like to see this extended to young adults up to 25.  Young people typically reach what might have been seen as traditional milestones of adulthood at a much older age than when I started my policing career. Young adults and their families generally have access to fewer supportive public services than children because there a cliff edge of provision dropping away when they turn 18.

Young adult vulnerability

Because of their age, young adults involved in serious crime are rarely viewed as possible victims but rather as highly culpable perpetrators. While I welcome recent significant shifts in understanding the nature of youth criminality and the role of exploitation in violent and drug-related offences, this has typically focused on those who are demonstrably young and vulnerable. The fact that the vulnerability of those young adults may well have brought them into crime is rarely recognised. For instance, recent statistics from MOPAC (Mayor’s Office for Policing and Crime)  in London show that only 22% of referrals for support are aged 18-25. However, 69% of people known to be involved in County Lines are aged 18-25. [MOPAC, Rescue and Response Strategic Assessment]. And research shows that public services can disproportionately view black young people as adults before they are 18 and have higher expectations of them in a process known as ‘adultification’.

Talking to young adults

T2A places utmost importance on developing solutions with people who are experts because of their own experience of the criminal justice system. In implementing the actions set out in the ‘Inclusive Britain’ report, the Government could usefully engage with young adults of colour, for example, through organisations like Leaders Unlocked. In the Leaders Unlocked report Race and the Criminal Justice System, young adults provided powerful testimony of their experiences of engaging with public services which make for sobering reading.  They demonstrate a lack of trust in the system starting in childhood. Once involved in the criminal justice system, young adults find that they are perceived through a narrow lens as a perpetrator or a criminal.  They may find it challenging to move on from their offence and rebuild their lives, which ultimately is what we all want.

Leroy Logan MBE is chair of T2A
@T2AAlliance @LeroyLogan999

Debbie Pippard reflects on the Levelling Up White Paper and what it might mean for regional and in-region inequalities

Following the recent publication of the Government’s Levelling Up White Paper, those concerned about the differences in opportunity, resources and wellbeing that people experience merely because of where they live in the UK, have had an opportunity to digest its contents.  We’ve identified three things we like and three things we’re concerned about, and have done a round up of responses from those we work with.

First, it’s good to see a major strategy that seeks to tackle the deeply rooted disparities between different areas of the country (and for short history on just how deeply rooted those differences are, and a run through previous attempts to address them, check out https://www.politico.eu/westminster-insider-podcast/).  The White Paper is a serious attempt to address the problem and we welcome the recognition that reducing inequalities is a moral duty as well as an economic and social necessity.  Few of us would disagree with the 12 missions it sets out, or with the acknowledgement that it is a long-term project that will require sustained focus across several political cycles to be fully realised.

Systems change to tackle regional inequalities

Second, the authors recognise that making different areas of the country more equal requires systems change across a whole raft of different issues, not just short term fixes from one department or another.  The White Paper lists six types of capital (physical, human, intangible, financial, social and institutional) all of which must be present if communities are to thrive and we agree that any lasting change has to be about the interrelationship of all those things.  Making the reporting of progress a statutory duty increases the prospects of focussing ministerial and departmental minds on action, and makes it more difficult to dismantle.

 Third, increased devolution means that those who know their local places best can identify and work on priorities that matter most locally.  However, devolution is not enough – it must be accompanied by redistribution from wealthier to poorer areas or those with less will remain stuck in a vicious cycle.  Unsurprisingly the emphasis is on stimulating and supporting the private sector as a main route to levelling up, though we would have liked to see more about the importance of a thriving foundational economy and the role of social enterprise.  As an organisation with roots in Birmingham we were pleased to see that one of the three proposed ‘Innovation Accelerators’ will be in the West Midlands.

Structural inequalities within areas

However, on the flip side of the coin, there is not enough about differences within places, which can be as great or greater as those between different parts of the UK.  Some of the places that fit the vision in the White Paper of being ‘home to skilled people with high quality jobs… outstanding schools…competitive universities…fine housing’ (Oxford or Cambridge spring to mind) are still places where people struggle to make a living and sometimes die on the streets.  We need levelling up across the UK, but we also need attention to the support needed by individual people and much stronger recognition and eradication of the structural inequalities linked to the intersection between poverty and protected characteristics such as gender, race and disability.   That will need an injection of public funds as well as a recognition of and sustained focus on eliminating those structural inequalities which arise from who we are – and the value society places on different groups of people – not what we do.  

The need for ongoing evaluation 

The paper sets out a number of targets. Some of these are too vague to be meaningful, others are numeric but very ambitious.  They will need to be clarified and refined over time, perhaps with targets being set by local areas with the centre ensuring that the individual contributions add up to a step change in each reporting period.  We have a long history of attempts to address regional disparities, but as the National Audit Office so painfully pointed out, too little has been spent on learning about what works.  This ambitious plan and its long term nature lends itself well to ongoing evaluation so that central Government and local players can learning from different approaches that will be taken across the country.

Finally, of course, there is a question of whether the funding that will be needed will be made available, and whether the priority the current administration puts on this policy will stick when there is a change of leadership – whether that comes soon or in a few years’ time.  Putting a requirement to report on a statutory footing and establishing a high profile Advisory Council will help ensure longevity but the first few years, during which time the architecture of devolution and other structures will be put in place, will be crucial. 

Further reading

And if you want to read more about putting policy into practice our partners provide plenty of further reading:

• Alternative approaches from the New Economics Foundation and Centre for Local Economic Studies and a regional perspective  from ippr North. 
• Thoughts on levelling up and integration from British Future, on implications for the charity sector from NCVO and on the gap between ambition and action from npc.
• A strong critique about failure to address inequalities from The Equality Trust and a cautious welcome from Business in the Community.

Debbie Pippard is Director of Programmes at Barrow Cadbury Trust

On 10 February 2021, the first grantmakers signed up to IVAR’s eight commitments to funding charities in an open and trusting way. One year on, over 100 trusts and foundations are working actively with each other and with charities to make these commitments a reality.

Looking back, we are struck by six imperatives that shape this work and will help drive it forward in 2022 and beyond.

1. Change is urgent

COVID-19 has been a wake-up call on funding practice. Its key challenges to funders – relieving pressure on charities; freeing them to respond flexibly to the evolving needs of the communities and causes they serve; and facing up to biases and assumptions that perpetuate entrenched injustice and inequity – long predate the pandemic. But events of 2020 – the first COVID-19 lockdown and the murder of George Floyd – showed that communities’ needs are evolving; and funders’ responses demonstrated that change is possible. The time for a simpler, more respectful, and more inclusive philanthropy is now. We all need to play our part in building greater momentum.

2. Charities must be the judge of progress

A strong, diverse charity voice is critical to this effort – but hard to achieve. Power dynamics mean charities are wary of giving robust feedback to funders. And too often new rhetoric makes little or no difference to what funders do in practice. With extreme pressure on capacity and widespread cynicism about the influence they have, many charities see no point in engaging. We will all benefit from broader and deeper conversations between the charity sector and the funding sector. But only if these conversations lead to visible and meaningful change.

3. Confident practice comes from deep roots

Even small changes in practice by grantmakers – a more streamlined application form, the opportunity to pick up the phone and ask a question, quick replies to emails – make a real difference to charities. But open, trusting and respectful practice cannot flourish unless it mirrors and is supported by organisational culture, structure and leadership. In a busy foundation, it can be hard to step back and scrutinise – at all levels – how well-established assumptions and ways of working are supporting the commitment to be more open and trusting. But this is an essential step in achieving the best possible alignment between ‘how we do things’ and ‘what we are trying to achieve’.

4. ‘Making our thinking visible’ is a powerful mechanism for change

Thinking out loud with each other provides an opportunity for people to offer alternative perspectives or identify the powerful questions that enable action. By working together, sharing ideas, difficulties and experiences in a spirit of positive challenge, we are all encouraged to act, learn and do better next time.

5. Acting like a partner, not an auditor

Open and trusting grant-making calls for a new mindset – one that starts from the assumption that charities know their own business, and will make informed judgements about how to adapt and adjust as things change. They can be trusted to be thoughtful and reflective, to know what ‘success’ looks like, to collect useful data, and to share it as part of their own commitment to improve the quality of what they do. A trusting relationship is ultimately about shifting power, not shifting paperwork. And the single most powerful thing funders can do to be more trusting is to give charities greater control over their own spending and reporting through unrestricted or highly flexible grants.

6. Making good progress means ‘starting from where we are’

Independent grantmakers are far from uniform in their scope, size, interests, priorities and governance. They face different opportunities and constraints. Being more open and trusting does not look the same everywhere – one size does not fit all. But, together, we are uncovering the principles that frame an open and trusting approach, enabling funders of all kinds to start from where they are and take positive steps to improve.

Now is the moment for transformative change in UK grant-making. To achieve this, funders, charities and their learning partners will all need to be persistent, determined and in it for the long term.

IVAR Trustees and staff are committed to supporting this momentum for change. Please join our Open and Trusting grant-making community by signing up to through our webpage or getting in touch. Charities can  hold funders to account by signing up here.

With thanks to Shaady Salehi at Trust-based Philanthropy and to our community of open and trusting grantmakers for helping to inform and develop our thinking over the last year.

This blog is cross-posted from the IVAR website.