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1、RESTORATIVE JUSTICE AND DOMESTIC VIOLENCE/ ABUSEA report commissioned by HMP CardiffFunded byThe Home Office Crime Reduction Unit for WalesAugust 2021Marian Liebmann and Lindy WoottonCONTENTSINTRODUCTION 3Domestic violence/abuseSECTION 1: MAINSTREAM METHODS OF WORKING WITH DOMESTIC VIOLENCE/ABUSE 5T
2、he Freedom Programme for womenThe Freedom Programme for menIntegrated Domestic Abuse Programme (IDAP)Womens Safety Worker RoleThe Prison Service Healthy Relationships ProgrammeFamily ManOther programmesHampton TrustSomerset Change Czech Republic: Special service for crime and domestic violence victi
3、msRespectRisk assessment in domestic violence casesResearchConclusionSECTION 2: RESTORATIVE JUSTICE PROJECTS WORKING WITH DOMESTIC VIOLENCE/ABUSE15IntroductionUnited Kingdom16Plymouth MediationThe Daybreak Dove ProjectVictim Liaison UnitsFamily MediationEurope (apart from UK)19Austria, Belgium, Finl
4、and, Germany, Greece, RomaniaUnited States24North CarolinaNavajo Peacemaking ProjectCanada25Newfoundland and LabradorHollow Water, Lake WinnipegEdmonton, AlbertaWinnipeg, ManitobaAustralia26Circle Court TranscriptRestorative and transformative justice pilot: A communitarian modelResearch project wit
5、h Aboriginal people and family violenceFamily Healing CentreNew Zealand28South AfricaThe GambiaJamaicaColombiaThailandCONCLUSION 32REFERENCES33AcknowledgementsINTRODUCTIONThis report has drawn on many sources. The first is the research undertaken by Marian Liebmann for her book Restorative Justice:
6、How It Works, published by Jessica Kingsley in 2007; the bulk of this research was undertaken in 2006. Further information came from participants at the European Forum for Restorative Justice Conference in Verona in April 2021. Finally we searched the internet for further projects (drawing especiall
7、y on RJ Online), and also included a brief overview of mainstream methods of working with domestic violence/abuse issues.This report is in two sections:1. Mainstream methods of working with domestic violence/abuse 2. Restorative justice projects working with domestic violence/abuseDomestic violence/
8、 abuseWe have included both labels here. The first is the more well-known label, but it is now recognised that domestic abuse does not have to be violent. A man who says: Im not violent, I just look at my wife and she does what I tell her is playing on her fear of what may happen if she disobeys the
9、 threat is there.Victim Support in England & Wales has adopted the following definition of domestic violence:Any incident of threatening behaviour, violence or abuse (psychological, physical, verbal, sexual, financial or emotional) between adults who are or have been intimate partners, or intimately
10、 related within a family or domestic setting, regardless of gender or sexuality. Domestic violence involves abuse of power and control by one person over another and typically escalates in frequency and severity over time. (Victim Support 2003, updated 2006) This definition focuses on partner violen
11、ce/abuse, and excludes general family violence, such as cases often dealt with by Youth Offending Teams of young people assaulting their parents. It also excludes family mediation cases, where domestic abuse can be a factor but is not the focus of the intervention.Many womens organisations believe t
12、hat restorative justice has no application to domestic violence, and that victim-offender mediation can only be dangerous. This point of view is understandable, given the relatively recent acknowledgement of domestic violence as a crime. It is not so long ago that domestic violence cases were still
13、seen as private affairs where men had the right to do what they liked, and women were held to blame if they were abused. Womens organisations rightly do not want to see the clock turned back and domestic violence put back into the private domain by restorative approaches (Home Office 2004a).However,
14、 many victims of domestic violence end up dropping charges and returning to their abusive situations, so prosecution does not provide a solution for everyone. There have been (and still are) several projects which have used restorative approaches with domestic violence/ abuse, to provide an alternat
15、ive to prosecution for those who want. A wider definition of domestic violence/ abuse would include the field of family interventions (e.g. family mediation where domestic abuse may exist but is not the focus of the intervention) and youth offending work (e.g. children assaulting their parents or si
16、blings). But our remit here is to focus on adult abusers and their adult partners, so we have excluded these other areas. However, they would be worth looking at in the future if considering other models of working in this area.NoteThis report has been received in principle, but has not yet been app
17、roved by the Home Office (September 2021).SECTION 1. MAINSTREAM METHODS OF WORKING WITH DOMESTIC VIOLENCE/ABUSE This section looks at mainstream programmes in the UK that offer services or programmes for victims and offenders, but do not actually get them together in any form. Most of these programm
18、es focus on womens safety and information exchange, not healing. However a few of them work solely with the perpetrators (e.g. Family Man). This section is by no means a definitive list of domestic abuse/violence programmes but a broad overview, looking in most detail at the Integrated Domestic Abus
19、e Programme (IDAP) and Freedom Programmes.The Freedom Programme for womenThe Freedom Programme for women has been developing since 1999 and aims to provide an opportunity for women to develop ways of thinking and behaving to protect themselves, their children and others from harm, and to provide the
20、m with the knowledge they need to achieve this. The programme is currently running across the UK through a network of licensed trainers. It is a rolling 12 session programme, delivered by 2 facilitators. It is not possible to get figures for how many women have attended the programme due to its loca
21、l delivery through various groups and trainers. Its target group is all women, gay or heterosexual, who feel they would benefit from learning how they are affected by their gender position within society.The programme challenges beliefs and values of a patriarchal society and does this through raisi
22、ng awareness and the introduction of a character called “The Dominator. The Dominator has 8 aspects to his persona:1.The bully2. The jailer3. The headworker4. The persuader5. The liar6. The badfather7. King of the castle8. The sexual controllerThe programme works through these personas and their opp
23、osite non-abusive possible personas:1. The friend2. The liberator3. The confidence booster4. The negotiator5. The truthteller6. The goodfather7. The partner8. The loverThe Freedom Programme for men Respect (the UK membership association for domestic violence perpetrator programmes and associated sup
24、port services) does not recognise the Freedom Programme for men as a perpetrator programme, as they consider that it does not meet key requirements of the Respect Standards. (Respect 2021 ) See later in report.The Freedom Programme also runs for men. These programmes are run over a 2 day weekend and
25、 are called “Awareness Raising Programmes, the participants are called students and they are open to any man who wishes to improve his relationship skills. These programmes are facilitated by Pat Craven herself (creator of the Freedom Programmes). There is no discussion about personal circumstances;
26、 the whole focus is on the Dominator personas. Because of this the programme can be suitable for gay or heterosexual men who wish to attend. No man who is in a relationship will be accepted on to the course unless his partner has also done the Womens Freedom Programme. This is so that she can be ful
27、ly informed about the programme and realistic potential for change. If a heterosexual couple are still together and the woman has attended the Freedom Programme she is welcome to attend (as an observer) the weekend programme that he is participating in. This enables the women to either watch them ch
28、ange or watch them fail to change, and in both instances be fully aware of what they are watching and able to make informed choices about their relationships. A number of men have been on the course more than once.To date about 113 men have completed the course, 5 have completed it more than once an
29、d 1 has attended 4 times, 12 couples have had their children returned to them by Social services and have stayed together in a non-abusive relationship. (Craven 2021)This programme has not had any formal evaluations completed on it.Integrated Domestic Abuse Programme (IDAP)The Integrated Domestic Ab
30、use Programme (IDAP) is a Home Office Accredited, community-based, case management and group work programme designed to reduce re-offending by adult male domestic violence offenders against female partners (based on the Duluth Model). In order to be assessed for this programme offenders need a sente
31、nce of a minimum 2 year Community Order with a specific condition to attend all 27 sessions of IDAP. If the offender is not considered suitable to participate in Group Work, some sessions can be delivered on a 1 to 1 basis. IDAP promotes multi-agency working with both internal and external agencies,
32、 to provide a community-based approach. The programme prioritises womens and childrens safety by means of co-operative Risk Management. It is a requirement of IDAP that areas have in place a supporting infrastructure prior to being authorised to deliver the programme. Key elements of this are: a) ar
33、rangements for the provision of womens safety work, and b) protocols agreed with local police and social services for detailed information sharing in relation to men undertaking the programme.The IDAP consists of 9 modules, each 3 sessions long giving 27 group work sessions overall. The modules cove
34、r the following: 1. Non-violence2. Non-threatening behaviour3. Respect4. Support and trust5. Accountability and honesty6. Sexual respect7. Partnership8. Responsible parenting9. Negotiation and fairnessThe offenders progress is measured during a meeting with his Case Manager every 3 weeks which reinf
35、orces the module he has just completed. The Programme Facilitators provide feedback to the Case Manager on a sessional basis.Womens Safety Worker RoleAn essential part of the IDAP (and the Duluth approach that it is based on) is the provision of a supportive infrastructure for women, and the Womens
36、Safety Worker/Victim Support Officer (VSO) role. The VSO liaises with the partners of the men on the programme to obtain the victim perspective (in confidence) and that of any new partners (if applicable). Input from the Police during the order can also act as a measurement of his progress.The VSO c
37、an provide realistic information to women about the programme, her partners attendance and programme outcomes: as it is important for them to know he may not change. They also contribute to the whole risk management process and work with court staff, case managers and programme facilitators.The cont
38、act that a woman may have with the VSO is a minimum of 4 contacts including post programme contact and exit survey. The main focus being safety whilst the offender is on the programme and for a period of 6 months after completion. They also contribute to the evaluation of IDAP by the feedback gather
39、ed. The formal contact is complete with the woman at this stage, although some areas (West Mercia) ask women to fill in an exit survey and voice any concerns/ideas which can then feed into the management meetings around IDAP, the Womens Safety Worker Role and its evaluation. The VSOs role is not to
40、offer support for women directly, but to facilitate the referral of women and signpost them to appropriate local services. The West Yorkshire Research Teams Improving Womens Safety Project Evaluation Report found that many did provide direct support, as other services werent there. The evaluation al
41、so found that many women wanted more support than the VSO was able to offer, while others felt that the VSO was more there for the offender than themselves.The aim of the role is to make sure that the risk posed by the offender is managed for the duration of the IDAP and then 6 months upon programme
42、 completion.It is important to note that take up of service from the Womens Safety Worker is voluntary and will not affect the offenders condition to attend and complete IDAP. Women can take up the service at any point during the length of the programme and up to 6 months after completion, even if t
43、hey decide not to take up contact initially.Figures for the success of IDAP are mixed. West Yorkshire Research Team produced a report: Improving Womens Safety Project Evaluation Report in 2007/8 which looked at the level of service provided by the Victim Service Officers in Probation in West Yorkshi
44、re. They found that just over a third of women felt the programme had not had a positive effect and in some instances had, had a negative effect in that it made their partners more manipulative and controlling. However, a larger proportion of the interviewees reported that the programme had had a po
45、sitive effect on their partner.Interviewees were also asked if they felt they had benefited from their partners attendance on the programme. A higher proportion said they had benefited. However, some of the women did not feel that they had benefited; for example, they felt that the offenders got mor
46、e support than the victims. (National Probation Service. 2007/8)The Prison Service Healthy Relationships ProgrammeThe Prison Service and Probation Service run an interventions programme called Healthy Relationships. There are two versions: one aimed at moderate-risk offenders, and the other at high-
47、risk offenders, in prison or in the community.The programme for moderate-risk offenders is designed for men who have demonstrated at least one incident of abuse in their intimate relationships and who have been assessed as at risk of being violent in their intimate relationships. On the programme men learn about their abusive behaviours and are taught alternative skills and behaviours to help them develop healthy, non-abusive relationships.The programme has six modules and lasts about 24 weeks with sessions r