National Disability Authority National Conference 2020 Recognising and

National Disability Authority National Conference 2020 Recognising and Responding: Delivering Services to People with Disability who are subject to Probation

Article 13 UNCRPD • States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages. • 2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.

The Probation Service Our Vision Our Mission: 15, 000 Safer and more inclusive communities where offending, and its causes, are effectively addressed. offenders in the community 400 staff 42 offices Offender rehabilitation through respect, accountability, restoration and social inclusion.

Assessment and Supervision 1. Assessment Pre Sanction Reports for Courts Victim Impact Reports Parole Board/IPS Reports 2. Supervision and Rehabilitation of offenders: Probation type supervision (Probation of Offenders Act, 1907) Community Service (Criminal Justice (CS) Act, 1983) Young People (Children Act, 2001) Life Sentence Prisoners (Parole) Post-Release Supervision(SO Act, 2001, CJ Act 2005)

Disability in the CJS – the experience Research indicates that people with intellectual disabilities and mental health issues are over represented in the criminal justice system – (Hayes 2006, Murphy et al 2000) Much of this research also suggests that this group are also marginalised within the system

Factors influencing contact with CJS A- Previous contact with ID services/developmental service sectordiagnostically defined ID (Under-represented) B – No legally defined ID/Cognitive deficit, but requiring intermittent supports and services (Over –represented) ( Jones. J 2007) • Social Disadvantage • Educational Deficits • Behavioural Challenges • Decision making processes Vulnerabilities

Circumstances • 20 year old Male • First Court appearance • Charged with an assault which is being heard in the Circuit Court, therefore to be regarded as serious. • Probation asked to prepare a pre sanction report in the case. • Grew up in the care system, settled with same foster family since birth • Behavioural and educational challenges • Assault against foster parent • No history of Criminal behaviour • Supported by aftercare service • Attending a training centre • In a relationship • excessive cannabis use • Complex family history

As a Probation Officer • Responding to specific issues related to FAS ( poor memory, organisation, emotional management, specific vulnerability to substances, decision making) • Completing a risk assessment no pro criminal beliefs, no anti social groupings, compliant and open in engagement. Outcome – suspended sentence, supervision

VALUES/PRINCIPLES UNDERPINNING OUR WORK q. Public Protection. q. Belief in the capacity of people to change. q Probation Officers as change agents. q. Everyone has the right, irrespective of what they have done, to be treated with dignity and respect. q. Inter-agency working: No one agency working alone is as effective as agencies working together.

Looking Forward Training a) We have held training sessions with Headway, NRH, St Michaels House in the last 12 months b) In training on the provision of reports, assessments and supervision the importance of responsivity is always stressed c) Charging Staff Development Unit to increase specific training in relation to disability awareness Service Provision a) b) c) d) The new Offender Supervision Framework emphasises the importance of responsivity and relationship – this is about individualising our responses Building on existing strong partnerships with partners CJS agencies to ensure common understanding of impact of dis/ability Considering estate management in relation to disability – access/style Look to improve consultation access with specialist disability partners

Thank you David Williamson - Senior Probation Officer