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Restorative
Practices within Residential Care Settings Restorative justice is a term used to describe processes that
aim to address the harm caused by a criminal offence or a non-criminal
incident. At the heart of restorative justice is the principle that via a
method of structured communication, victims and perpetrators can discuss how
they were affected by an incident and can explore what needs to happen to
repair the harm caused (Youth Justice Board, 2004).
Marshall (1999) proposed a definition of restorative justice which is
frequently cited in the literature. Restorative justice is defined as:
"
a process whereby all the parties with a stake in a particular
offence come together to resolve collectively how to deal with the aftermath of
the offence and its implications for the future".
Children and young people within residential care are often the most vulnerable
within our communities.
The DfES, 2006 Green Paper, Care Matters - has recently acknowledged that
children in care are disproportionately represented in the criminal justice
system. It made recommendations on the use of restorative justice as an
alternative form of behaviour management and for local protocols between
residential services and police to try to prevent unnecessary call outs
relating to minor offences. Recent developments in the use of restorative
justice in children's residential care, including the first pilot of
restorative approaches in the East of England in 2003, have also drawn
attention to the potential of restorative justice to resolve conflict,
challenging behaviour and the everyday living tensions that exist in
residential settings (Littlechild & Sender, 2006).
Restorative approaches are often highly effective when used to resolve
issues such as:
- Assaults between residents
- Assaults on staff
- Conflict between residents
- Conflict between residents and staff
- Bullying
- Racially motivated incidents
- Criminal damage
The aim of all restorative process are to explore an
incident or situation, to help the young person to reflect, explore
responsibility, look at ways to avoid a similar situation in the future and to
find a way to move on. Restorative approaches achieves this by btinging all
parties together to explore what has happened, whose been affected and reach an
agreement as to how the harm can be repaired and how to avoid the same
situation happening again in the future.
Types of restorative approaches within residential setting
are:
One on One Individual Restorative Meetings/Conversation
- A discussion between a resident and a trained member of staff, with
the aim of obtaining a restorative solution to an incident using restorative
language and outcomes. The meeting draws on the principles of restorative
justice, using some of the questions a facilitator would use in a restorative
conference. These conversations can be useful with both a harmer and harmed
person allowing both sides to learn positive solutions to conflict.
Informal restorative discussions or meetings - An
impromptu non prepared discussion or meeting between those in conflict and a
trained neutral member of staff. These discussions offer an opportunity to
unpick incidents that have just happened and look to resolutions between
parties. These discussions would usually involve face-to-face meetings but can
involve shuttle mediation between parties if necessary.
Restorative Justice Conferencing - A face to face
meeting between a trained conference facilitator, usually a member of staff,
with those involved with in a issue of conflict. The aim of the meeting is for
all parties to explore what has happened, whose been affected and reach an
agreement as to how the harm can be repaired and how to avoid the same
situation happening again in the future.
Community/Group Conferencing - Involving a larger
number of participants where an issue either general or specific can be
explored and resolved by using a framework of restorative language and
outcomes. These meetings allow a wider group learning where empathy, social
skills and communication skills can be developed as well as conflict resolved
in a positive way that is open so all can learn from it.
Benefits of using restorative approaches within a residential child
care setting include a reduction in:
- Disruptive behaviour
- Minor criminal damage
- Number of police call outs
- Residents entering the CJS
- Missing from care episodes
- Use of restraints
- Assaults
- Racially motivated incidents
- Bullying
Benefits of using restorative approaches to the victim:
- Opportunity to participate in a process that they are central to
- Have their say
- Take back some control of their situation by choosing to participate
- Ask any questions
- Have a say about reparation, unpaid work, financial restitution, or an
apology
- Witness genuine remorse
- Reduces anxiety and possible post traumatic stress disorder
Benefits of using restorative approaches to the offender:
- Learn about the harm they caused
- Acknowledge that harm
- Explain what happened
- Opportunity to apologise
- Attempt to repair the harm caused
- Reduces re-offending
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