Factores que intervienen en el avance de los Derechos Sociales

Models of offender rehabilitation have been based on the concept of risk, which is a fundamental part of working with those who offend (Crighton, 2004). Carson and Bain (2008) define risk as an occasion when one or more consequences could occur, which can be harmful or beneficial and the likelihood of them occurring is unknown. Risk for those young people who offend depends on individual, situational and environmental factors (Baker, 2014). The YJS utilises

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the Risk, Needs and Responsivity (RNR) model which is also used in the adult justice system (Adler et al., 2016). The RNR has three principles which underlie effective offending rehabilitation (Andrews, Bonta & Hodge, 1990). The risk principle refers to using more intensive levels of intervention for the highest risk offenders, whilst the needs element refers to targeting interventions matched with the criminogenic needs of offenders. The responsivity principle refers to matching the style and mode of intervention to the offenders learning style and ability (Andrews, Bonta & Wormith, 2011). The original ASSET framework, which is a structured youth justice assessment tool is based on these principles and helps to ensure that resources are given to those who have the highest risk of reoffending (Adler et al., 2016). Previous research has established that the ASSSET framework is a good predictor of proven re-offending, with static and dynamic factors both related to reoffending (Wilson & Hinks, 2011). However, the RNR model has been criticised for failing to acknowledge the importance of human needs in desistance from crime and changing behaviour (Andrews et al., 2011). Whilst risk has remained the dominant discourse in the YJS, older research conducted by the ESRC on 51 youth justice professionals found they used generalised notions of risk, and formed their opinions from a variety of sources which did not include formal risk assessment tools (Phoenix, 2005). They relied on their own observations and interactions with young people. The study found that practitioners did not take account of the social factors, discussed earlier in this chapter (deprivation, education, family conflict) when considering explanations for offending or reoffending.

A review into best practice in managing young people who break the law was published in 2016 (Alder et al., 2016). The review found seven key features which are effective in reducing reoffending with young people:

 Services should be matched to the level of risk of reoffending.

 Programmes should take account of the needs of an individual; these should be targeted through rehabilitation and service provision.

 Approaches should be tailored to individual learning styles, motivation, abilities and strengths.

 Therapeutic programmes are more effective than those which are focused on control and punishment. They need to focus on skills building, restorative work, and counselling.

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 Programmes should address a number of factors (which are associated with reoffending), instead of focusing on a single factor.

 Programmes should be implemented to high quality with fidelity to the design and the service provided.

 The wider offending context should also be considered (family, peer and community issues).

In order to reduce reoffending, young people should be encouraged to develop agency, autonomy and respect for others and themselves. Those who work with them should be committed to this approach, with communication between young people and practitioners based on mutual understanding, respect and fairness. The review included a majority of studies from the United States and the transferability of these interventions to an English context should be considered. In addition, the studies in the area have largely been conducted with white males, aged between 15 and 17, therefore it is unknown if these findings are transferable to a younger age group.

These findings were supported by HM Inspectorate of Probation (2016) research, who found that to help young people stop offending, there needs to be a balanced and trusting working relationship between the young person and caseworker. This should include stable personal relationships for the young person together with emotional support as well as interventions which encourage problem-solving solutions; the focus being on relationships instead of offence focused work (HM Inspectorate of Probation, 2016).

This is further reflected in research from 2014, that found that to reduce reoffending, interventions should engage young people and families, and combine both accountability and well-being to be the most effective (Henry, Henaghan, Sanders & Munford, 2014). This research is echoed in YJB guidance published in 2016 (2016a), which advised that in order to support young people, YOTs needed to work to three key principles; 1) young people need to be motivated to change which YOTs can help to facilitate; 2) there should be a consistent and positive relationship between the young person and case worker while maintaining boundaries; 3) intervention should take account of individual needs, risks and strengths (YJB, 2016a). This was further

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encouraged by the YJB in 2018, which revealed that the current caseload held by YOTs involved young people who have ingrained offending behaviour, therefore tackling reoffending is a national priority (YJB, 2018). These findings are also supported by recent work conducted in Wales which found that when working with a complex young person, they need to be supported through the transition from offending to desistance by the promotion of a positive pro-social lifestyle (Johns et al., 2018). Johns et al. (2018) research into young people who offended prolifically in Wales, recommended that young people who engage in high-volume, high-frequency offending are a different group of young people and have different needs. In order to work with this group, YOTs need to build stable relationships, set boundaries, involve young people in their justice outcomes, continue to support, and create an environment which is focused on the future and on young people’s strengths. Young people need to be encouraged to transition away from offending, and this can only be achieved when the context of offending is understood.