APPLYING SOCIAL POLICY TO CRIMINAL JUSTICE PRACTICE
What Every Practitioner Should Know
Clive Sealey
First published in Great Britain in 2023 by Policy Press, an imprint of Bristol University Press
University of Bristol 1-9 Old Park Hill
Bristol
BS2 8BB
UK
t: +44 (0)117 374 6645
e: bup-info@bristol.ac.uk
Details of international sales and distribution partners are available at policy.bristoluniversitypress.co.uk
© Bristol University Press 2023
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
ISBN 978-1-4473-2405-8 paperback
ISBN 978-1-4473-2406-5 ePub
ISBN 978-1-4473-5749-0 ePdf
The right of Clive Sealey to be identified as author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved: no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior permission of Bristol University Press.
Every reasonable effort has been made to obtain permission to reproduce copyrighted material. If, however, anyone knows of an oversight, please contact the publisher.
The statements and opinions contained within this publication are solely those of the author and not of the University of Bristol or Bristol University Press. The University of Bristol and Bristol University Press disclaim responsibility for any injury to persons or property resulting from any material published in this publication.
Bristol University Press and Policy Press work to counter discrimination on grounds of gender, race, disability, age and sexuality.
Cover design: Andy Ward
Front cover image: iStock/erhui1979
Br istol University Press and Policy Press use environmentally responsible print partners.
Printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY
This book is dedicated to all those who have supported me over the last five years. Your love, support and patience has been essential to help me through this period. In particular, I would like to thank Kate Bramford, who first came up with the idea for the book and who has been there to listen to me when needed, and also Maddie Burton, for the ‘inappropriate’ laughs that we had that kept both of us sane during some weird times. I also give thanks to my good friends Aktar Uddin and Clement Kulang for both being there at times of need, even when going through their own difficult times. A special mention here also to Julia Smith for her kind words and support. It would be remiss of me not to mention my sister Louise Sealey and her son Braydon, who also provided me with laughter and joy whenever we met up and continue to do so. I would also like to thank my partner, Surinder Khuttan (Nikki), who has been with me through all of these times and has shown a love and understanding that has enabled us to come out on the other side happier than I would have thought possible. Thanks to Vinay and Aneesha for accepting me into their family. Finally, I dedicate the book to my two beautiful daughters, Jacintha and Annaya, for whom all of this is made worthwhile and with whom I look forward to a future that is as happy and fulfilling as possible.
3.
The importance of a focus on the structural rather than individual causes of disadvantage and crime
5. The importance of the de-stigmatisation of service users and clients
6. The importance of a universal rather than selective approach to criminal justice practice
7. The importance of approaching crime as a public health issue
8. The importance of dealing with crime in a multi-agency way
9. The importance of focusing on primary upstream rather than secondary downstream interventions
6.1
7.1
List of tables, graphs and key learning boxes
2.6
5.6
List of abbreviations
ACEs Adverse Childhood Experiences
ADHD Attention deficit/hyperactive disorder
ALMPs Active Labour Market Policies
CJS Cr iminal Justice System
CMI Common mental health illness
CPS Crown Prosecution Service
CSTRs Community Sentence Treatment Requirements
DBS Disclosure and Barring Service
DCLG Depar tment for Communities and Local Government
DLUHC Depar tment for Levelling Up, Housing and Communities
DWP Depar tment for Work and Pensions
EUCPN European Crime Prevention Network
GDP Gross domestic product
HB Housing Benefit
HMICFRS HM Inspectorate of Constabulary and Fire & Rescue Services
HMOs Houses in multiple occupation
HMPPS HM Pr ison and Probation Service
MHCLG Ministr y of Housing, Communities and Local Government
NAO National Audit Office
NCS National Careers Service
NFN New Futures Network
NHS National Health Ser vice
NOMS National Offender Management Ser vice
OASys Offender and Assessment System
OFSTED Office for Standards in Education
OHID Office for Health Improvement and Disparities
ONS Office for National Statistics
SMI Severe mental health illness
SVRU Scottish Violence Reduction Unit
TFP Troubled Families Programme
VAT Value Added Tax
WHO World Health Organization
WW2 World War Two
YTS Youth Training Scheme
About the author
Clive Sealey is Senior Lecturer of Social Policy and Theory in the School of Allied Health and Community, University of Worcester, UK. His interests are in social policy-related issues linked to poverty, policy and theory. He teaches on a variety of courses there, from Foundation level up to PhD. He obtained his PhD in social policy from the University of Birmingham in 2009. His previous book publications are Social Policy Simplified (Palgrave Macmillan, 2015) and Social Policy, Service Users and Carers (Springer, 2022).
1 Introduction
The key objective of this book is the improvement of criminal justice practice. At this point, we can loosely define criminal justice practice as practice concerned with the prevention of crime and punishing, rehabilitating and supporting those who have contact with criminal justice individuals or organisations. The book argues that a key way in which criminal justice practice can meet these aims is by identifying and addressing key social policy issues that affect individuals and communities. Criminal justice practice can include all those individuals who work in the police, courts, Crown Prosecution Service (CPS), prison and probation. It can also include a range of non-statutor y agencies such as lawyers, victims’ organisations, charities such as Nacro and also research organisations such as the Centre for Crime and Justice Studies, as will be outlined in more detail later in the book.
The key objective of this book is to improve criminal justice practice by clearly outlining the significant interconnections between social policy and criminal justice practice. The book aims to show that understanding and attending to these interconnections leads to improvements in responses to crime and criminal behaviours, which has beneficial outcomes not just for criminal justice practice, but also for wider society. Understanding these interconnections is very important for anyone who has an interest in working in and improving criminal justice practice.
What is this book about?
This book aims to make clear the interconnections between social policy and criminal justice practice. Its particular focus is on highlighting how an understanding of key social policy theories, concepts and policies can better inform the work of those directly and indirectly involved in criminal justice practice. Its emphasis is on enabling those working in criminal justice practice and related sectors to recognise the importance that social policy theories, concepts and policies can have on their practice. It also provides a context to the recent changes that have occurred in the criminal justice system for students and criminal justice practitioners, thereby enabling them to make sense of these changes and reflect on their implications.
The book takes as its starting point the assertion that social policy and criminal justice practice are inextricably interconnected, meaning that the theories, policies and practices that affect social policy also affect criminal justice practice, and vice versa. However, from the author’s experience of teaching both social policy and criminal justice practice to undergraduate students, it is evident that students do not initially understand this interconnection, thus highlighting a need to
make this interconnection more readily apparent. However, as students progress through their course and gain more extensive practice and sector experience, these interconnections become more evident to them. In particular, students begin to see that some of the important concepts that are relevant to social policy such as equality, prevention, well-being, needs, redistribution, universalism, poverty, power and stigma have very important implications when working with individuals and groups within criminal justice practice. This leads directly to the belief that it is important for all those working directly and indirectly within criminal justice practice to understand and apply social policy concepts to their work.
These interconnections become particularly evident when studying the seven pathways to reducing reoffending that were set out by the then National Offender Management Service (NOMS) in 2004 (Home Office, 2004) and reinforced by NOMS in 2009 (NOMS, 2009). These focus on accommodation, education, training and employment, health, drugs and alcohol, finance benefit and debt, children and families, and attitudes, thinking and behaviour. While some organisations have argued that these pathways are no longer officially used (Barnardo’s/ HM Pr isons and Probation Service, 2018), the Home Office/Ministr y of Justice (2015) reinforced them in the outline for the Integrated Offender Management model and described them as established pathways. Additionally, the criminal justice system and other agencies still use them. As an example, some prisons have a ‘champion’ for each of the pathways, and these pathways are also frequently referred to in terms of resettlement and rehabilitation of offenders (Barnardo’s/ HM Prisons and Probation Service, 2018). More significantly, the main probation assessment tool currently in use in England and Wales is the Offender Assessment System (OASys), which is concerned with documenting an offender’s criminal history. This involves economic and social characteristics such as accommodation, education, training and employment, lifestyles and associates, relationships, and drug and alcohol misuse, which broadly reflect the seven pathways.
The key point that should be noted here, as set out in more detail in Chapter 2, is that the seven pathways relate to issues that are core aspects of social policy. Accommodation, education, training and employment, health, drugs and alcohol, finance benefit and debt, children and families, and attitudes, thinking and behaviour are all key social policy areas, thus emphasising the interconnection between social policy and criminal justice practice.
Additionally, since 2010 there have been some significant changes in government policy, largely driven by the emphasis on austerity (Key Learning Box 1.1) in all sectors of government expenditure, including the criminal justice system, and particularly in social policies. This has meant that there has been a transformative shift in the focus, delivery and funding of social policies, which has affected not just the economic circumstances of individuals, but also their social and personal circumstances. What is often not acknowledged is the impact that these changed social policies have had in terms of increasing the potential for involvement with the criminal justice system, either directly or indirectly, particularly in relation to efforts to reduce reoffending.
KEY LEARNING BOX 1.1 AUSTERITY
Austerity in this context refers to where, since 2010, successive UK governments have decreased, and still continue to decrease, both the funding and scope of government spending, especially in areas relevant to social policy and criminal justice practice. As an example, since 2010, the government has cut funding to the police, the courts, the prison system and the probation services. As a specific consequence, the backlog of cases in the courts has grown, meaning that it is taking longer to progress them through the CJS. This has had a negative effect not only on those accused of crimes, but also on those who are victim of crimes, as it takes longer for them to access justice.
As a specific example of this, there is the fact that changes that have been occurring specifically in social policy since the 1980s have now started to trickle down into criminal justice practice, with important practice implications. This includes the more recent Transforming Rehabilitation Agenda, which, in emphasising a focus on a greater diversity of providers in delivering the seven pathways, presents opportunities for a more ‘mixed economy of criminal justice’ (Buck and Corcoran, 2011). For example, since 2010, the prison service has increased its use of private prisons, and the government has effected a series of transformational changes in the probation service, from public control to private control and back to public control. This echoes the emphasis on the mixed economy of welfare in social policies since the 1980s, which has had important outcomes and problems for services (Sealey, 2015). It is likely that this changing context for criminal justice practice will result in significant transformation in the structure, function and nature of criminal justice practice.
Who is this book for?
This book is primarily about how social policy and criminal justice practice are fundamentally linked. I hope that it will be relevant to those not only studying in an academic context, but, just as importantly, to those working in criminal justice practice in policy and practice contexts. This can include students, those working or planning to work directly in the criminal justice system such as in the police, probation, Youth Offending Teams, prisons, HM Courts and Tribunals Service and the CPS. It can also include those working in criminal justice allied sectors such as local authorities, drug and alcohol rehabilitation services and voluntary sector organisations involved in housing and homelessness, substance misuse, welfare and advocacy. The book may also be of interest to students and practitioners who are concerned with related subjects, such as social work, youth justice, policing and law.
There are several features of this book that distinguish it from others about either social policy or the criminal justice system. First, its main aim is to articulate the principle that social policy and criminal justice practice share a common concern
with improving outcomes for individuals, groups and communities, and this cannot be seen as separate. Secondly, it specifically relates that attention to social policy issues is a prerequisite for improvements to criminal justice practice. This highlights that improvements within criminal justice practice require a move away from a narrow focus on crime and criminality to a wider focus that attends to the social policy needs that individuals, groups and communities have. This makes the book of particular relevance to both criminal justice practitioners and policy makers.
The structure of the book
The book is divided into two parts, with a focus on identifying the interconnections between social policy and criminal justice practice in the Part I, and outlining what these interconnections are in Part II.
Part I – Understanding the interconnection between social policy and criminal justice practice
The focus in this part is on defining what social policy and criminal justice practice refer to in this book, and detailing how they are interconnected. The part also explores the relevance of this link between social policy and criminal justice practice.
Chapter 2: What is social policy, and why is it relevant to you?
This chapter provides a brief overview of social policy and its practical relevance to everyday life. Social policy is a term that you may not have come across, but which is nonetheless likely to have had a significant impact on your everyday life, as it can impact on your welfare and well-being in numerous ways. This is because at the heart of social policy is a range of measures that can affect the levels and quality of healthcare you receive, the type of education you have access to, the quality of housing that you live in, the amount of income you have and the type of social care that is available to you. These are all issues that matter to you, your family and the community in which you live. The chapter outlines key features and concepts within social policy, and also details why understanding and studying social policy is relevant to you.
Chapter 3: What is criminal justice practice, and what is the rationale for working to improve it?
This chapter provides the rationale for the book’s key aim, that of working to improve criminal justice practice. It provides a brief and concise outline of what criminal justice practice does. It then details key observations about criminal justice practice, in terms of the importance of the law, the importance of social norms and the current punitive context in which criminal justice
practice operates. The chapter then outlines the current crisis within criminal justice practice and the direct and indirect costs of crime, which provide a clear rationale for improving criminal justice practice. This is to make it clear that this book is about more than providing an understanding of what criminal justice practice is. Its key focus is on improving criminal justice practice by showing how social policy and criminal justice practice are theoretically and functionally interconnected, and how understanding this interconnection is important for improving criminal justice practice.
Chapter 4: What is the interconnection between social policy and criminal justice practice?
This chapter presents evidence for the book’s key rationale: that identifying and working with the interconnections between social policy and criminal justice practice has beneficial outcomes for both criminal justice practitioners and service users. While the interconnections between social policy and criminal justice practice may not be obvious, this chapter argues that they are linked by five important concepts. These are justice, security, equality, making a meaningful contribution and rights. These provide the key rationale for the book, as they indicate there are solid links between the two fields. This suggests that aiming to improve criminal justice practice by reference to social policy is achievable.
Part II – The importance of social policies to criminal justice practice
This part details the importance of specific social policy issues to criminal justice practice, and outlines the ways in which understanding this can improve criminal justice practice outcomes in these areas.
Chapter 5: Housing, criminal justice practice and social policy
This chapter’s focus is on the changes since the 1980s in housing and housing policy that have had significant actual or potential implications for criminal justice practice and practitioners. The chapter details how the significant changes in housing tenure over this period are impacting on criminal justice practice in significant ways, either directly or indirectly, through, for example, issues such as homelessness and residualisation. The chapter concludes with the argument that there are a number of ways in which social policy could improve criminal justice practice, such as a particular focus on the individual and structural causes of homelessness and housing need, and policies that emphasise the prevention of homelessness.
Chapter 6: Employment, criminal justice practice and social policy
The importance of employment to criminal justice practice is perhaps most evident in that it is often the case that a standard requirement for probation or
parole is involvement in employment as a route towards rehabilitation. It is also relevant to note that rehabilitation through employment is one of the very few types of rehabilitation programmes for which there is definitive evidence that it works – for most types of rehabilitation programmes there is mixed or no evidence (Ministry of Justice, 2013). The chapter begins with an outline of the evidence of a link between employment and positive criminal justice outcomes, wherein employment has been shown to both increase desistance and reduce recidivism. The chapter then considers specific factors that limit the effectiveness of employment for criminal justice practice, before detailing the importance of employment to social policy outcomes, together with the changes in policy since the 1980s which are impacting on the nature of employment policies. Finally, the chapter analyses what criminal justice practice can learn from this changed context, in order to identify ways in which social policy can improve criminal justice practice.
Chapter 7: Physical /mental health, criminal justice practice and social policy
This chapter begins by discussing the evidence for a criminogenic link between physical and mental health and criminal justice outcomes, and also the factors that increase the likelihood of CJS involvement, such as comorbidity, dual diagnosis and Adverse Childhood Experiences (ACEs). There is then an analysis of how the CJS manages those with physical and mental health conditions, with a particular focus on the cost of prison, but also noting the wider costs to the CJS. The chapter then presents an outline of measures that have been identified as ways to improve CJS outcomes for those with physical and mental health conditions. Finally, the chapter outlines how a social policy approach to dealing with physical and mental health, focused on universalism, citizenship, equivalence and integration, could improve the outcomes for criminal justice practice.
Chapter 8: Substance abuse, criminal justice practice and social policy
This chapter opens by highlighting the high prevalence of substance abuse in the CJS, despite the general decreasing trend in society as a whole since the 1990s. This, together with the criminogenic nature of substance abuse, means this is a particular concern for criminal justice practice. The chapter analyses the punitive approach of the CJS when dealing with substance abuse alongside other alternative approaches, such as harm reduction, decriminalisation and regulation of the drug market. This leads to an analysis of how a social policy focus could improve current criminal justice practice. The focus is on detailing the need for a move away from an individualised and narrow approach to risk management towards an approach that focuses on social harm and the comprehensive causes of substance abuse, including personal, social, financial and emotional factors. This emphasises a criminal justice practice that seeks to provide a broad range of measures and services to prevent and break the cycle of substance abuse.
Chapter 9: Low income and poverty, criminal justice practice and social policy
There are a number of criminological and non- cr iminological theories that make an explicit link between crime and poverty. The chapter analyses evidence for and against such a link between poverty and crime, which shows that crime and its effects hurt those living in poverty the most, a fact should lead to a primary focus on what can be done to stop those living in poverty from being victims of crime. However, criminal justice practice strongly emphasises crime prevention through what is typically referred to as crime reduction strategies, particularly situational crime prevention. The chapter analyses the limitations of this approach, leading to an outline of how a social policy focus on the social problems that lead to poverty, particularly a lack of power, can improve criminal justice practice outcomes.
Chapter 10: Children and families, criminal justice practice and social policy
To analyse the CJS approach to children and families, this chapter begins by outlining how children and families are defined both legally and socially, and makes key observations about the criminal age of responsibility in England and Wales, and the historic importance to policy of the nuclear family. When considering how the CJS engages with children and families, it becomes evident that the emphasis is primarily negative, with the focus being on their ‘delinquent’ and ‘troublesome’ nature, as expressed through the notion of intergenerational transmission, which has led the CJS to a more punitive approach to children and families. The chapter analyses evidence for and against this approach, together with its wider implications. The chapter concludes by detailing what criminal justice practice can learn from the lessons of the punitive approach in social policy, as expressed through the Troubled Families Programme (TFP).
Chapter 11: Ten ways in which a social policy focus can improve criminal justice practice
The concluding chapter draws together the key issues from the previous chapters to provide ten key ways in which understanding and applying key social policy concepts can improve criminal justice practice. The key objective of this book is the improvement of criminal justice practice by clearly outlining that there are significant interconnections between social policy and criminal justice practice. Understanding and working with these connections leads to improved responses to crime and criminal behaviours, which has beneficial outcomes not just for criminal justice practice, but also for wider society. Understanding these interconnections is very important for anyone who has an interest in working in and improving criminal justice practice.
The use of key learning boxes
The book uses key learning boxes to make key issues and concepts clearer. Where an issue or concept has a key learning box, it is highlighted with bold text. In many instances, key learning boxes appear in another chapter. Please refer to the list of key learning boxes.
References
Barnado’s/HM Prisons and Probation Service (2018) ‘Reducing reoffending children and families pathway’. Available from: https:// www.nicco.org.uk/ direct ory- of- resources/ reduc ing- reoff end ing- child ren- and- f amil ies- path way [Accessed 17 April 2023].
Buck, G. and Corcoran, M. (2011) ‘The mixed economy of criminal justice: The challenges of contestability, privatisation and partnership working’. The Third Sector in Criminal Justice Seminar Four – 24 November 2011 . University of Leeds: ESRC Seminar Series.
Home Office (2004) Reducing Re-Offending: National Action Plan , London: Home Office.
Home Office/Ministry of Justice (2015) Integrated Offender Management Key Principles – Supplementary Information. London: Home Office/Ministr y of Justice. Ministry of Justice (2013) Transforming Rehabilitation: A Summary of Evidence on Reducing Reoffending. London: Ministry of Justice.
NOMS (National Offender Management Service) (2009) The National Reducing Re-Offending Delivery Plan. London: Home Office.
Sealey, C. (2015) Social Policy Simplified. Basingstoke: Palgrave Macmillan.