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Submitting institution
The University of Lancaster
Unit of assessment
18 - Law
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Francis’s investigation into the reporting of violence data in the UK has:

  1. transformed Office for National Statistics (ONS)/UK Government policy on the reporting of series victimisations in the Crime Survey for England and Wales crime statistics, prompting a recalculation of historical estimates of series victimisations by the ONS dating back to 1991 (which showed violent crime to be between 6% and 32% more prevalent than previously estimated).

  2. increased public awareness of the link between domestic violence and FIFA World Cup tournaments, and prompted advertising campaigns and policies among domestic violence charities and police forces throughout the UK and beyond.

  3. increased reporting of incidents to domestic violence charities during the 2018 FIFA World Cup (eg 19.6% increase in reporting to the National Centre for Domestic Violence (NCDV)).

2. Underpinning research

As a member of the Centre for Crime, Law and Justice (CCLJ), Brian Francis (an expert criminological statistician), Sylvia Walby and Jude Towers (Sociology) investigated how series victimisations were reported in the Crime Survey for England and Wales (CSEW). This annual survey was initiated in 1982 and allows for crime reports to be made by either reporting individual crimes or reporting repeated crimes carried out by the same person under the same circumstances (series victimisations). When making series victimisation reports, the person reporting the crime is asked how many times the repeated crime occurred within the 12-month survey period.

Since the CSEW began, series victimisation crime counts were capped to 5 by the ONS, to reduce the volatility of the series [S3]. Volatility is important to the ONS, as their aim is to reduce year-to-year changes in estimates. Even if 20 series victimisations occurred within the survey period, only 5 (the capped figure) were included in the official statistics report. Thus, data were adjusted thereby seriously underestimating the incidence of crime in England and Wales.

In a series of ground-breaking publications between 2014 and 2017, and with ESRC funding [G1], Francis and colleagues explored the level of bias the cap introduces into the ONS methodology for the reporting of different forms of violent crime using CSEW data from 2011/12 [R1-R4]. They found that:

  • capping affected the estimates of trend lines and resulted in the overall level of crime being underestimated;

  • the cap on series victimisations disproportionately affected the reporting of domestic violence and violence against women;

  • analysis of all crimes indicated that the capping reduced the estimated number of domestic violence crimes against women after 2008 by 40% and the number of acquaintance crimes after 2008 by 50% [R2], [G1].

In response to these findings, Francis proposed a statistical approach for reducing volatility while also avoiding the bias problems of capping. The approach uses a moving average technique, where the reported number is based on data from a small number of recent years instead of only the current year. This method removes the bias, while keeping the year-to-year volatility at the same level as the previous method [R4].

In further research on domestic violence, Francis and Stuart Kirby (from the Lancaster University Law School) carried out the first statistical analysis of domestic violence reports received by Lancashire Police over 3 FIFA World Cup tournaments (2002, 2006, and 2010) [R5]. This analysis focused on whether the number of domestic violence incidents reported to the police increased when the England national team were playing in a FIFA World Cup match; whether there were differences in the number of reports of incidents based on whether England won, lost or drew; and whether there was a carry-over effect to the next day. Negative binomial regression was used to control for both day of the week and year, as domestic violence calls tend to be higher at the end of the week and police are becoming increasingly efficient at recording and labelling such calls. The results showed an increased risk of domestic violence when England played and an even larger risk when they lost. More specifically:

  • the risk of domestic violence rose by 26% when England won or drew compared to that on a non-match day;

  • there was a 38% increase in the risk of domestic violence when England lost compared to that on a non-match day;

  • there was an 11% increase in the risk of domestic violence on the day after an England match, irrespective of the match outcome, suggesting a carry-over effect.

Francis and Kirby’s research has advanced the understanding of football-related domestic violence in England by demonstrating an important connection between fans’ responses to the England playing and the increased risk of the occurrence of domestic violence, whatever the result of the match [R5].

3. References to the research

[R1] Walby, S., Towers, J. and Francis, B. (2014) Mainstreaming domestic and gender-based violence into sociology and the criminology of violence, The Sociological Review, 62(S2), 187-214. DOI: 10.1111/1467-954X.12198. Peer-reviewed publication. Ranked 36 out of 1,282 outputs (the top 3% for this journal) by Altmetric Attention Score in Context.

[R2] Walby, S., Towers, J., and Francis, B. (2014) The decline in the rate of domestic violence has stopped: Removing the cap on repeat victimisation reveals more violence. Research briefing for ESRC project detailed in [G1].

[R3] Walby, S., Towers, J. and Francis, B. (2016) Is violent crime increasing or decreasing? A new methodology to measure repeat attacks making visible the significance of gender and domestic relations. British Journal of Criminology, 56, 1203-1234. DOI: 10.1093/bjc/azv131. Peer-reviewed publication. Ranked 11 out of 1,180 outputs (the top 1% for this journal) by Altmetric Attention Score in Context.

[R4] Walby, S., Towers, J., Balderston, S., Corradi, C., Francis, B., Heiskanen, M., Helweg-Larsen, K., Mergaert, L., Olive, P., Palmer, E., Stöckl, H., and Strid, S. (2017) The Concept and Measurement of Violence against Women and Men. Policy Press. Held at HEI. Funded by [G1] and other external funders. Downloaded 2,936 times from the university research repository and cited 77 times.

[R5] Kirby, S., Francis, B. and O’Flaherty, R. (2013) Can the FIFA World Cup football (soccer) tournament be associated with an increase in domestic abuse? Journal of Research in Crime and Delinquency, 51(3), 259-276. DOI: 10.1177/0022427813494843. Peer-reviewed publication.

Peer-reviewed grants

[G1] Francis (Co-I) (with Walby S (PI)), Is the rate of domestic violence decreasing or increasing? A re-analysis of the British Crime Survey, ESRC: (2013-14) GBP158,849.

Quality of research

The quality of the research is reflected by the Royal Statistical Society’s award of the Howard Medal for 2021 to Francis for outstanding contributions to the development and application of social statistics.

4. Details of the impact

In the year up to March 2020, there were 2.3 million cases of adults aged 16 to 74 who experienced domestic abuse in England and Wales; of these, 1.6 million were women (source: ONS). The adoption of the recommendations and new methodology designed by Francis and colleagues by the ONS has resulted in changes to the reporting of crime statistics, a less biased reporting system, and more accurate reporting of domestic violence incidents across the UK. The ONS have also corrected historical estimates of violent crime in England and Wales from 1991 onwards. In addition, the pioneering research into the relationship between domestic violence and FIFA World Cup football tournaments has revealed a hidden problem, catalysing NGO and police campaigns, raising public awareness of the issue for the first time, and leading to increased reporting of domestic violence during the 2018 FIFA World Cup.

(a) Transforming ONS/UK Government policy on the reporting of series victimisations in CSEW crime statistics, prompting a recalculation of historical estimates of series victimisations by the ONS dating back to 1991

Research on the effects of the cap on serial victimisation crimes and the development of a new reporting methodology was disseminated through a briefing paper [R2] published on the website of the Violence and Society UNESCO Centre at Lancaster, and in peer-reviewed publications [R1, R3, R4]. The briefing paper was sent to the ONS and domestic violence charities, and The Guardian and The Telegraph published articles on the underestimation of violent crimes against women, discussing the research [June 2015, combined potential reach: 3.52million, source: Kantar, S1]. Following the popular and practitioner attention given to the research findings, and citing [R2], the ONS subsequently sought the advice of the Government Statistical Service Methodological Advisory Committee (GSS MAC), which agreed that the ONS’s methodology of capping crime volume in the Crime Survey should be reviewed [S2, S3]. The research was the impetus for the ONS’s 2016 public consultation on their methodology for reporting high-frequency repeat victimisations in the CSEW [R2, S4]. The results of the consultation were published in November 2016, and the ONS committed to changing their methodology for counting incidents of high-frequency repeat victimisation and accepted Francis and colleagues’ original criticisms [R3, S5]. Following the press reports, the issue of counting domestic violence events was discussed on the More or Less Radio 4 programme in September 2017 (3.28 million listeners, source: Kantar) [S6], further increasing public awareness of the issue.

As well as changing its methodology for counting incidents of high-frequency repeat victimisation from that time on, the ONS also decided to apply the new methodology to historical data. Drawing on the research recommendations [R2], in 2017 the ONS agreed to recalculate all crime estimates, initially from 2002 onwards and now going back to 1991 [S7, p.5]. For violent crimes, the strict cap of 5 was relaxed to 12, which substantially reduced the bias in ONS estimates. The Deputy Director, Crime, Income & Wealth Division, Public Policy Analysis Directorate at the ONS stated that the research “ played an important contribution to the revision of this methodology” [S3]. The adoption of Francis's methodology [R2] led to new crime volume estimates, published in January 2019 [S7], which were higher than those initially reported. “The most substantial effect was found in relation to violent incidents”, with between 6% and 32% more violent instances being counted [S7, p.2, p.5]. In one specific year, for instance, “ *the year ending March 2018 … the new methodology has increased the total number of violent incidents by 167,000 from 1.3 million to 1.4 million incidents, an increase of 13.3%*” [S7, p.5].

(b) Increasing public awareness of the link between domestic violence and FIFA World Cup tournaments, and prompting advertising campaigns and policies among domestic violence charities and police forces throughout the UK and beyond

Francis and Kirby’s research raised public awareness of the link between domestic violence and the FIFA World Cup leading up to the 2014 tournament [R5]. Between September 2013 and June 2014, the research was reported in, for example, The Times of India, Algemeen Dagblad in The Netherlands, and the Medical Daily website and The Cut in America, with a combined potential readership of 8.34million (sources: Kantar, Agility and Wikipedia). The research played a key role in advertising strategies for domestic violence charities. For example, in June 2014, BMB (a London-based advertising agency) released a public service announcement video for a London-based charity, Tender Education and Arts. It highlighted the finding that a 38% increase in domestic violence is expected when England lose in a FIFA World Cup [R5, S8]. The video was viewed over 600,000 times on YouTube during the 2014 FIFA World Cup and had been viewed over 1,000,000 times at the end of 2020).

(c) Wunderman Thompson

Embedded image Prior to and during the 2018 FIFA World Cup, the research gained further traction and renewed attention [R5]. In June and July 2018, media coverage included the CNN and BBC websites, French newspaper Liberation and Elle magazine (combined potential reach: 9.27million, sources: Agility; Kantar). The research also featured in The Conversation and South Africa’s EyeWitness News website in July 2018, receiving 68,490 views across the UK, Australia, the USA, South Africa, Canada, India, France, Norway, Germany and Ireland (116,767 views, source: The Conversation). The potential value of the research for domestic violence charities was again harnessed. As a prominent example, the Creative Team at Wunderman Thompson (WT), a London-based advertising agency, drew on the statistical findings to create the ‘Not-So-Beautiful Game’ campaign for the NCDV as the 2018 FIFA World Cup approached. The NCDV helps provide advice and protection to thousands of domestic violence victims and survivors throughout England and their research-informed campaign sought to reach and support victims when they were at particular risk of danger [S9]. The campaign ran for the duration of the tournament between 14th June and 15th July 2018, featuring the image below with the embedded caption reading ‘If England get beaten, so will she. Domestic Violence increases 26% when England play. 38% if they lose’. With the FIFA World Cup rapidly approaching, the campaign was made a priority for the NCDV, with the research findings being key to the “ incredible response” and support that WT were able to secure from key contributors that allowed them to go from concept to artwork in eight days [S9]. WT’s Creative Director stated: “ [Francis’s] statistics enabled us to confront people with the appalling reality of this issue, create awareness and breed a culture of disgust, not acceptance, when it comes to domestic violence. In using [Francis’s] figures, we aimed to provoke much-needed conversations and force the public to rethink what the World Cup means for domestic abuse victims at exactly the moment when they are most vulnerable. We also wanted to ensure that victims and their friends/families were aware of the free legal advice they could access via the NCDV, and the support this organisation offers in terms of life-saving injunctions” [S9].

The power of the statistical findings contributed to the campaign’s success, which “made the headlines across 100+ news platforms in over 18 countries” [S9] (sample images can be seen here). The NCDV noted: “ Better informed and more accurate statistics form an important gauge on the scale of the problem of domestic abuse as well as providing milestones for progress towards the fulfilment of our mission” [S10]. WT also produced a video using the research as part of the campaign, which was entered into the Cannes Lions Film Festival 2019 and won the Gold Award in the Sports Category [S11]. The video was displayed on digital screens at main railway stations across the UK, and finishes with the following quote from a survivor of domestic violence: “As a survivor Thank You so much for making hard to view campaigns that really explain what its like”. Similar, successful campaigns based on the research [R5] were launched by other organisations to coincide with the 2018 FIFA World Cup competition, including the Pathway Project (PP), a domestic and sexual abuse service based in Lichfield & Tamworth, Staffordshire. The PP’s CEO confirmed that research statistics from the research [R5] were embedded in its 'Show Violence the Red Card' campaign. He also reported that the “ …research also had a huge impact on our marketing…This was a real eye-opener as we had previously relied on flyers and posters, and it changed our marketing strategy going forward. We now use social media in other campaigns…to raise awareness and education people about the issues around domestic violence” [S12]. Furthermore, in 2018, Full Fact checked and verified the 38% figure and its provenance [S13]. Alongside domestic violence charities’ campaigns, police authorities across the UK, including in Cleveland, Devon and Cornwall, Humberside and Lancashire, drew on the research findings of [R5] in support of the ‘Give domestic violence the red card’ poster campaigns. In addition, citing the 38% increase in domestic violence statistic, Hampshire Constabulary committed to deploying dedicated response cars to attend domestic abuse incidents following England World Cup matches and safeguard victims.

(c) Increased reporting of incidents to domestic violence charities during the 2018 FIFA World Cup

The “extraordinarily powerful and successful” NCDV research-informed promotional campaign [S10] resulted in a substantial increase in social awareness of the charity, generating thousands of organic social media shares and comments: “Social awareness of the NCDV and the services they offer also increased by 1250%. This generated hundreds of thousands of shares and comments, and sparked millions of much needed conversations worldwide. We targeted mass reach and shares on social media and individuals with large followings spontaneously shared the posts, enabling us to reach many more people organically. A single post helped us reach around 4.5 million people, while another was shared 40,000 times and generated 30,000 comments” [S9]. Referral calls to the NCDV increased by 19.6% while the campaign was live, the largest sudden spike (until the country first went into lockdown in 2020) [S9, S10]. The Pathway Project similarly received an increase in calls to the charity following their research-informed campaign [S12], [R5].

The reach and significance of the impact detailed above is recognised by the statement from the Royal Statistical Society in bestowing the Howard Award on Francis that “ The quality and importance of his work can be seen by its impact … on how the ONS report crime figures; and being used in an extensive campaign to reduce domestic violence during the football world cup” [S14].

5. Sources to corroborate the impact

[S1] Gayle D, ‘Violent crime against women massively understated, statistics agency told’, The Guardian, 9 June 2015; Barrett D, ‘Million violent crimes a year “cut out” of official figures’, The Telegraph, 9 June 2015

[S2] Paper presented to GSS MAC by the ONS seeking advice (November 2015) (see pp.18-30)

[S3] Testimonial from Deputy Director, Crime, Income & Wealth Division, Public Policy Analysis Directorate, ONS (February 2021)

[S4] ONS, Review of methodology for addressing high frequency repeat victimisation in Crime Survey for England and Wales estimates (July 2016)

[S5] ONS, Response to the ONS consultation on the methodology for addressing high-frequency repeat victimisation in Crime Survey for England and Wales estimates (September 2016)

[S6] BBC Radio 4 - More or Less: Behind the Stats, Uber; EU passports; counting domestic violence, 29 September 2017

[S7] ONS, Improving victimisation estimates derived from the Crime Survey for England and Wales (January 2019)

[S8] Tender Education and Arts, ‘Woman’s reaction to England World Cup knockout’, public service announcement video, 24 June 2014

[S9] Testimonial from Creative Director of Wunderman Thompson (formerly J Walter Thompson) (January 2021)

[S10] Testimonial from CEO of National Centre for Domestic Violence (February 2021)

[S11] NCDV, The 'Not-So-Beautiful Game" campaign video, 20 June 2019

[S12] Testimonial from CEO of Pathway Project (March 2020)

[S13] Full Fact independent fact check, World Cup: does domestic abuse spike when England lose?’ 19 June 2018

[S14] Howard Award letter from the Royal Statistical Society to Brian Francis (February 2021)

Submitting institution
The University of Lancaster
Unit of assessment
18 - Law
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Innovative research into domestic and sexual abuse by Barlow and Weare of the Centre for Crime, Law and Justice (CCLJ) has impacted upon policy and practice nationally and internationally. It has: (i) influenced government policy on domestic and sexual abuse by informing the 2019 Domestic Abuse Bill in the UK, and psychological violence legislation in Denmark in the same year; (ii) changed outdated assumptions regarding gender-based abuse via its application in training to more than 1,900 police officers, social workers, healthcare professionals, lawyers, local governmental organisations, and third sector support services in England, Wales, and the Republic of Ireland; (iii) enhanced support for male victims of sexual abuse by shaping the National Male Survivor Service Standards – the first national quality assurance framework in the UK for services supporting adult male victims of sexual abuse – and a review of the National Male Survivors Helpline and Online Service.

2. Underpinning research

Barlow and Weare have built on their history of research on gender, abuse and harm, to lead participatory research projects involving non-academic partners and victims of domestic and sexual abuse as direct collaborators, beneficiaries, and end-users of the research from the outset. Project outputs have been consciously written and disseminated with participants and beneficiaries in mind, in order to improve academic, practitioner, policy-maker and public understandings of the nature, extent of, and responses to domestic and sexual abuse. Their work is one strand of research in the CCLJ, which is home to research in the Law School concerned with criminology, criminal justice and law, empirical and theoretical multi-disciplinary scholarship, and collaborative research with academic and non-academic partners.

Research on coercive control: exploring the responses of police and criminal justice agencies. Coercive control was criminalised under the Serious Crime Act 2015, and since 2016 Barlow’s team (Humphreys and Johnson (Law), Walklate (Liverpool University)), have explored the responses of police and criminal justice agencies to this form of domestic abuse. Coercive control is a pattern of acts of assault, threats, humiliation or other abuse that is used to harm, punish, or frighten the victim, and to regulate their behaviour. A key aim of their research was to improve the support provided to victims [R1, R2, G1, G2]. Barlow analysed body-worn camera footage and police data, and conducted focus groups and interviews with victims and police officers, and found:

  • low crime recordings, arrests, risk assessment gradings and charge rates for the coercive control offence when compared with other domestic abuse related offences.

  • issues with police understandings of and attitudes towards coercive control, including problems in understanding the impacts on victims, limited knowledge of the legislation, and problematic understandings of the risks associated with this form of domestic abuse.

  • limited knowledge of the offence negatively affecting confidence levels when responding to victims of coercive control.

  • a ‘tunnel vision’ focus on physical violence when responding to domestic abuse led to missed opportunities for identifying coercive control, meaning victims received limited or inappropriate support.

  • capturing victims’ perspectives improves police understandings of their responses to coercive control.

Research on female-to-male sexual abuse: understanding male victim’s experiences. Weare’s victim-centred research has addressed the experiences of men in the UK who have been ‘forced-to-penetrate’ (FTP) women - a form of sexual abuse where a man is forced to engage in sexual intercourse with a female perpetrator [R3]. Weare’s team (Hulley) has undertaken the only empirically based scholarly analysis focusing specifically on this form of sexual abuse in the UK. This involved collecting and analysing data from an online survey which Weare designed [R4], and conducting interviews with male FTP victims [G3, R5]. The findings highlighted:

  • the contexts within which this form of sexual abuse occurs, including that the perpetrator was most frequently the man’s female partner or ex-partner, and that their FTP experiences were one element of domestic abuse and/or post-separation abuse that they experienced.

  • that being FTP had severe negative impacts on men’s mental health, emotional well-being, and personal lives and relationships, resulting in, for example, anxiety and depression, self-harm, suicidal thoughts/ideation, feelings of guilt and self-blame, and sexual issues or dysfunction.

  • that participants had overwhelmingly negative perceptions of, and experiences with, the police and criminal justice system. Concerns raised included bias against men and inequality of treatment, and disbelief that they could be victims of female-perpetrated sexual and domestic abuse. These issues acted as barriers to men disclosing and engaging with criminal justice organisations and associated services.

Following this research, in 2019 Weare was commissioned by the Male Survivors Partnership to conduct a Home Office-funded review of the National Male Survivors Helpline and Online Service (NMSHOS). The NMSHOS provides emotional support, advice, and information to and regarding men and boys who have experienced sexual abuse living in England and Wales [G4, R6]. Her recommendations included:

  • improving data collection processes in relation to Helpline and Online Service usage through the use of appropriate software packages.

  • increasing levels of funding to ensure that service growth can be accommodated whilst maintaining service quality.

3. References to the research

[R1] Barlow C, Johnson K, Walklate S, Humphreys L, (2019). Putting Coercive Control into Practice: Problems and Possibilities. British Journal of Criminology. DOI: https://doi.org/10.1093/bjc/azz041. [G2]. Peer reviewed journal.

[R2] Barlow C, Whittle M, (2019). Policing Coercive Control, British Academy Project Report. [Funded by G1].

[R3] Weare S, (2018). ‘Oh you’re a guy how could you be raped by a woman, that makes no sense’ – Towards a case for legally recognising and labelling ‘forced to penetrate’ cases as rape. International Journal of Law in Context, 14(1), 110-131. https://doi.org/10.1017/S1744552317000179. Peer-reviewed journal.

[R4] Weare S, (2018). ‘I feel permanently traumatised by it’: Physical and emotional impacts reported by men forced-to-penetrate women in the UK. Journal of Interpersonal Violence. DOI: https://doi.org/10.1177/0886260518820815 Peer-reviewed journal.

[R5] Weare S, Hulley J, (2019). Experiences of men forced-to-penetrate women in the UK: Context, consequences, and engagement with the criminal justice system. British Academy Project Report [Funded by G3].

[R6] Weare S, Hulley J, Pattinson B, (2019). A Review of the National Male Survivors Helpline and Online Service. Project Report [Funded by G4].

Peer-reviewed research grants:

[G1] Barlow (PI), Police Responses to Coercive Control, British Academy: (2018-19) GBP9,987

[G2] Barlow (PI), Policing Coercive Control, N8 Policing Research Partnership: (2017-18) GBP28,845

[G3] Weare (PI), Experiences of men ‘forced-to-penetrate’ women in the UK: Context, consequences, and engagement with the criminal justice system, British Academy: (2018-19) GBP9,956

[G4] Weare (PI), A Review of the National Male Survivors’ Helpline, National Sexual Violence Support Fund, UK Home Office: (2019) GBP20,000

[R1], [R3] and [R4] are in the top 5% of all research outputs scored by Altmetric. [R2], [R5], and [R6] have been downloaded more than 1,700 times from Lancaster University’s research repository. The research has received extensive media coverage via a variety of outlets, including BBC News – online print (reach 1,900,000), Channel 4 News (reach 2,800,000), BBC Woman’s Hour (reach 3.280,000), You Magazine – Mail Online (reach 2,000,000), The New York Post (reach 101,651), and The Huffington Post (reach 913,143).

4. Details of the impact

Barlow and Weare’s research on gender, abuse, and harm, and their information sharing and knowledge exchange, has contributed to (i) national and international policy development, (ii) impacted organisational policies and practices, and (iii) improved service provision and victim support relating to domestic and sexual abuse. Barlow’s research has influenced government policy development in England, Wales and Denmark, and her evidence was included in the UN’s ‘International Bill of Rights’ for women. Her work has led to sustained collaborative partnerships with, and the provision of training, advice and guidance to over 1,200 practitioners from a range of organisations, including 5 police forces, 5 third sector organisations, and the Independent Office for Police Conduct (IOPC). Weare has provided research-informed training to over 700 police, professionals and practitioners working in third sector support services, healthcare services, and child and adult safeguarding services within local authorities. This has changed practices, with female-to-male sexual abuse being properly acknowledged for the first time. Her research has also improved the quality of services available to male victims of sexual abuse and secured additional funding for services supporting such victims.

(i) Influencing national and international domestic abuse policy. Barlow’s research on police responses to coercive control informed the recommendations of, and was included in, the UN’s CEDAW [Convention on the Elimination of all Forms of Discrimination Against Women] Executive Summary and Shadow Report 2017 [S1]. Hundreds of individuals and organisations submitted evidence to the CEDAW Executive Committee, and Barlow was 1 of 3 academics whose evidence was selected to feature in the Executive Summary. The UK Government is required to respond to these recommendations, and a key aspect of their response was drafting the Domestic Abuse Bill in 2019 [S2]. Barlow made a submission to the Home Affairs Committee Domestic Abuse Inquiry, the initial Domestic Abuse Bill Consultation, and a further iteration of the consultation for the final draft of the Bill [S3]. For the latter, she recommended that greater understandings of coercive control were needed throughout the criminal justice system, particularly within the police, and that this required national level training. She also recommended that, as a minimum, statutory guidance should be developed for the police related to Stalking Protection Orders to ensure that it is clear that these orders can be used in domestic abuse contexts as appropriate, including coercive control. These recommendations were included verbatim in the draft Bill [S2, S3, R1, R2]. Additionally, in her submission to the Home Affairs Committee Domestic Abuse Inquiry, Barlow recommended that coercive control offences should be made an exception to the crime recording practice of the ‘Principal Crime Rule’. She proposed that recording coercive control as an addition to the most serious crime reported at the time would better capture and measure coercive control [R1]. In April 2019, the Home Office Counting Rules for Recorded Crime guidance was changed to reflect these recommendations, using Barlow’s wording verbatim. This revised crime recording policy is now in place across England and Wales [S3, S9].

Life Without Violence, a Danish charity, consulted Barlow to support their submission in relation to the development of psychological violence legislation in Denmark in 2018, having read a blog related to her work on coercive control. Her work informed the charity’s submission by providing guidance on how to successfully implement psychological violence as a criminal offence. Due to her work with the charity, Barlow was invited to present her research findings [R1, R2] to 100 members of the Folketing (Danish Parliament) in 2018. The creation of the criminal offence is ongoing, with Barlow’s work informing the consultation process [S6].

(ii) Training practitioners and improving their responses to domestic and sexual abuse. In 2018, Barlow developed a coercive control learning tool/training package based on the findings of her research [R1, R2]. It was designed to improve police and other agencies’ understandings of, responses to, and investigations of coercive control. Since 2018, end users have engaged with the research through the tool: 1,000 officers in Merseyside Police ( all emergency response officers, investigators and call handlers); 65 staff members in adult and child safeguarding in Merseyside and Cumbria; 75 police officers at Cumbria Police; 20 staff members at the IOPC; and 15 staff members at Lincolnshire Social Services. After using this tool there have been:

  • improvements in practitioners’ identification, understanding of, and responses to, coercive control [S4]. For example, an evaluation of the training at Merseyside Police demonstrated that 95% of participants considered that the training had improved their knowledge and confidence in responding to coercive control cases [S5].

  • a three-fold increase in crime recordings for coercive control by trained officers in Merseyside Police, and an increase in arrest rates from 14% to 28%. Barlow’s analysis of police case files revealed that trained officers engaged in more thorough investigations, compared to non-trained officers, and were more likely to use victim-centred practices. This included taking more detailed victim statements, signposting victims to appropriate support services, and ensuring regular follow-up calls [S5].

  • an increase from 28% to 75% of coercive control cases being recorded as such by trained call handlers at Merseyside Police [S5].

  • improvements in working practices of staff at the IOPC and Cumbria Adult and Child Safeguarding Board, where 85% of those trained now use Barlow’s tool to inform their work. One IOPC delegate stated, “I have identified at least 5 missed opportunities for using the offence in various domestic abuse cases since completing the training, which I have passed on to the relevant forces”. Another said, “I made 16 recommendations following the investigation of a high-profile domestic homicide case, and the training helped me to make these more meaningful and apply coercive control to these recommendations, which I would not have had the knowledge to do before the training” [S8].

Barlow’s training will now be delivered annually at Merseyside Police, with the N8 Policing Research Partnership supporting its delivery to other police forces across the UK.

Since 2017, Weare has delivered training, developed from her research [R3-5] and to improve police responses to FTP cases, to over 250 police officers across the UK and Republic of Ireland, including Avon and Somerset Police, Lancashire Police, North Wales Police, and the Irish Garda. Participants have included frontline police officers, the heads of the Public Protection Units at Lancashire Police and North Wales Police, and officers from specialist rape and serious sexual offences (RASSO) teams. Training on FTP cases has also been delivered to over 500 professionals and practitioners working in third sector support services, such as Survivors Manchester, ManKind Initiative, and Victim Support; in health-care services such as Cumbria Sexual Health Service and St Mary’s Sexual Assault Referral Centre, Manchester; the Crown Prosecution Service; and child and adult safeguarding services within local authorities, including North East Hampshire and Manchester. Following this training there have been:

  • improvements in practitioners’ understanding of, and responses to, male victims of sexual abuse, particularly where the perpetrator is female. In feedback on the training, 95% of respondents said their knowledge had changed, and 80% said their practices were going to change as a result of attending the training. Doctors and nurses from Cumbria Sexual Health Service, for example, said they would begin routinely asking men who access their service about their non-consensual sexual experiences regardless of their sexual orientation, something they had not previously done [S8].

  • challenges to and changes in attitudes around sexual abuse; in particular, around victims and perpetrators and how female-on-male sexual abuse occurs. In feedback following training, one healthcare professional, for example, commented that previously they had “ made the assumption probably like everyone, how could this happen to a man – [this training] has made me look at this in a different light” [S8].

(iii) Improving the quality of support service provision for male victims of sexual violence by shaping standards and reviewing services. In 2017, Weare was commissioned as an expert reviewer and advisor to LimeCulture (a national sexual violence and safeguarding organisation), in order to create the National Male Survivor Service Standards [S7]. These Standards are a national quality assurance framework developed to improve consistency, practice, and the overall quality of services supporting adult male victims of sexual abuse. Weare’s research directly informed their development, by acknowledging the issue of female-to-male sexual abuse. LimeCulture supports organisations to deliver high-quality services to victims of rape and sexual assault, advises the government on the development of policies and initiatives around sexual violence, and accredits services against these Standards. To date, 22 services across the UK have been accredited, including Survivors UK (London), Victim Support West Yorkshire Independent Sexual Violence Advisor Service, Hope House Sexual Assault Referral Centre (Gloucestershire), and The Birchall Trust (Lancashire). A further 13 organisations - third sector support services, sexual assault referral centres, and universities - are currently going through the accreditation process. As a result of these Standards, the quality of service delivered to male victims of sexual abuse has improved across the UK by, for example, promoting services to maximise engagement with victims, introducing new practices to address the barriers faced by victims when engaging with support, and reflecting the specific ways they may utilise support services. Several Police and Crime Commissioners now require services to be accredited against the Standards before receiving further government funding. They also use them to provide funding for male specific roles within organisations [S7].

Weare’s review of the National Male Survivors Helpline and Online Service (NMSHOS), which has been accessed over 15,000 times by male survivors, their families and professionals since its launch in 2015, has directly informed improvements to service delivery, thereby benefitting male victims [S10]. As a result of her review, Safeline has reorganised the NMSHOS to increase capacity to answer telephone calls from male victims and reduced the hours for webchat, text and email. This reflected Weare’s findings that, over 4 years of operation, there was a sustained preference for victims to engage with the service via telephone [R6]. Altering the service platform in this way allowed Safeline to strike an “ethical balance” between accommodating those who prefer to access the NMSHOS electronically and increasing the number of male victims who can engage via telephone. At the same time, Weare’s research findings resulted in increased investment in the NMSHOS, with the introduction of a new, cost-effective live-chat service for survivors who want to access support this way [S10]. Weare’s recommendation that investment in technology would improve data collection processes was used by Safeline to secure additional funding for a new technology interface, Virtual Voice Control [R6]. This integrated platform has built-in data recording software, allowing Safeline to more accurately capture data associated with the use of the NMSHOS. Improving data accuracy and capacity has resulted in more detailed understandings of the help-seeking behaviours and profiles of male victims, thereby enabling Safeline to provide the most responsive and highest quality service possible [S10]. Weare’s research findings continue to inform the business case for further extension to and investment in the NMSHOS [R6], which is currently under evaluation; particularly in relation to increased opening hours and additional leadership to support service delivery and expansion [S10].

5. Sources to corroborate the impact

[S1] CEDAW Executive Summary (2019)

[S2] Draft Domestic Abuse Bill (verbatim recommendations at pages 11, 52 and 53) (2019)

[S3] Barlow’s submission to the Domestic Abuse Bill Consultation (2017)

[S4] Letter from ACC, Merseyside Police confirming impact on police training (UK) (2020)

[S5] Evaluation report of coercive control training at Merseyside Police (2020)

[S6] Confirmation statement, Life Without Violence, Denmark. Impact on police training (2019)

[S7] Testimonial from LimeCulture regarding National Male Survivor Service Standards (2020)

[S8] Feedback from training participants (2017-2020)

[S9] Home Office Counting Rules for Recorded Crime (verbatim wording at page 23) (2020)

[S10] Testimonial from Safeline about impact of the NMSHOS review on the service (2021)

Submitting institution
The University of Lancaster
Unit of assessment
18 - Law
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Researchers from the Centre for Child and Family Justice Research (CFJ) at Lancaster have made important contributions to policy and practice regarding safe and durable family reunification, having:

(a) strengthened the case for significant investment to enable expansion of Family Drug and Alcohol Court (FDAC) provision across England and Wales.

(b) enabled the Centre for Justice Innovation (CJI), the national body leading the current FDAC expansion, to benefit from international knowledge exchange regarding common challenges to the implementation of problem-solving justice, and shaping of its professional training provision.

(c) identified and raised awareness of children returned home on supervision orders as a marginalised vulnerable group.

(d) brought about a comprehensive review of supervision orders, co-chaired by Harwin and Mr Justice Keehan (High Court Judge) and authorised by the President of the Family Division of the High Court.

2. Underpinning research

Children who are neglected or harmed within their families can be removed to the care of the state, but the family courts must first consider the possibility of reunification and explore alternative options. Returning children home is not without risks - some children will be subject to further neglect and re-enter care. It is therefore vital that the practice of family reunification is underpinned by a robust evidence base. Led by Harwin, CFJ researchers have contributed to knowledge about innovative approaches to family reunification and about children returned home on supervision orders. Their research comprises the first and successive evaluations of the pioneering FDAC, and the first and only national longitudinal study of children returned home on supervision orders under the Children Act 1989. Building on earlier FDAC research carried out at Brunel University, London, the research and impacts described here relate to work completed at Lancaster since 2016, and supported by a major Nuffield Foundation grant [G1].

Evaluation of the FDAC

FDAC is a radical problem-solving court within care proceedings, but unlike standard proceedings, as well as adjudicating FDAC treats by discussing case progress directly with parents and an intervention team, and providing intensive support. Harwin’s earlier research at Brunel had established that FDAC was successful in returning more children home than standard care proceedings, because of the effective treatment of parental substance misuse. Her team’s research at Lancaster went on to examine the longer-term impact of FDAC on family reunification and the wider expansion of the model.

In 2016, Harwin’s team completed an international literature review and uncovered a gap in the evidence on the durability of family reunification over time following involvement in drug and alcohol treatment courts [R2]. Tracking a cohort of FDAC cases in England (140 FDAC and 100 comparison families), they provided new statistical evidence which unequivocally showed that, compared to standard care proceedings, FDAC was associated with a higher proportion of intact reunifications within 3 years of proceedings (51% v 22%) [R1, R2]. They also found that a higher proportion of mothers remained free from substance misuse within 5 years of FDAC proceedings (58% v 24%).

The evaluative research of Harwin’s team extended to questions about the potential to scale up the FDAC model, and in 2016, Harwin, with independent consultants Ryan and Tunnard (of RyanTunnardBrown), completed detailed qualitative observations of 10 English FDACs in different regions (46 cases/46 hearings). They also interviewed 12 judges from these participating study sites. The team found that all FDACs were adhering to established compassionate problem-solving principles and demonstrated procedural fairness which, along with strong support shown by the judges, strengthened the overall evidence base in favour of FDAC expansion [R3, R5]. Since 2017, Harwin’s cross-national key informant analysis with colleagues in Australia and America has enabled knowledge exchange about common challenges which hinder the roll-out of the treatment court model, not least the reliance on individual pioneers to drive change and the precarity of short-term public funding [R4].

National analysis of supervision orders across England

Harwin’s research on expanding FDAC provision led her to investigate children returned to parents under the auspices of a supervision order at the close of FDAC proceedings. Supervision orders mandate the local authority, under the Children Act 1989, to ‘advise, assist and befriend' the child and family. However, there was widespread concern that these orders were weak and/or that local authority support did not always follow the order’s mandate. Earlier FDAC research had shown that a proportion of children subject to supervision orders would return to court because reunification had failed. Supported by Nuffield Foundation funding [G1], Harwin’s team conducted the first, and only, national study of all children subject to supervision orders in England. Their research found little appetite amongst local authorities to apply for supervision orders. Of the total number of children subject to care proceedings between 2007 and 2016 (n=175,280 children), just under 4% had an application for a supervision order only, yet 14% of all these care proceedings resulted in a supervision order only [R6]. In short, more supervision orders were made by the family court than were applied for. Moreover, children in the South of England were more likely to be the subject of a supervision order, whereas children in the North were more likely to be the subject of a care order [R6, R7]. The team’s findings raised questions of consistency in the application of the law. Their research also showed that 1 in 5 children subject to a supervision order in England experienced breakdown of family reunification and returned to court within 5 years because of further harm (mostly neglect). New questions about the efficacy of supervision orders to support a safe return home were thus raised. Several key findings emerged from the qualitative element of their study to explain this failure, most notably inconsistent support from local authorities and insufficient opportunities for parents’ and children’s voices to be heard in case reviews. In the view of professionals, the statutory obligations afforded by the orders were, in themselves, considered limited in terms of their authority and mandate regarding child protection [R6].

3. References to the research

[R1] Harwin J, Alrouh B, Ryan M, McQuarrie T, Golding L, Broadhurst K, Tunnard J, Swift S, (Dec 2016). After FDAC: Outcomes 5 years later. Final report prepared for the DfE Children’s Social Care Innovation Fund, Lancaster University. Held at HEI. Peer-reviewed.

[R2] Harwin J, Alrouh B, Broadhurst K, McQuarrie T, Golding L, Ryan M, (2018). Child and Parent Outcomes in the London Family Drug and Alcohol Court Five Years On: Building on International Evidence. International Journal of Law, Policy and the Family, Vol 32, Issue 2, pp.140-169 https://academic.oup.com/lawfam/article/32/2/140/4962132. Peer-reviewed.

[R3] Tunnard J, Ryan M, Harwin J, (Dec 2016). Problem solving in court: current practice in FDACs in England. Final report prepared for the DfE Children’s Social Care Innovation Programme, Lancaster University. Held at HEI.

[R4] Harwin J, Broadhurst K, Cooper C, Taplin S, (2018). Tensions and contradictions in family court innovation with high risk parents: The place of family drug treatment courts in contemporary family justice. International Journal of Drug Policy, Vol 68, pp101-108. https://doi.org/10.1016/j.drugpo.2018.04.019. Peer-reviewed.

[R5] Harwin J, Ryan M, Broadhurst K, (2018). How does FDAC Succeed with Parents with Substance Misuse Problems? Exploring Relational Practices within the English Family Drug and Alcohol Court. Child Abuse Review, Vol 27, pp266–279. https://doi.org/10.1002/car.2521. Peer-reviewed.

[R6] Harwin J, Alrouh B, Golding L, McQuarrie T, Broadhurst K, Cusworth L (2019). The contribution of supervision orders and special guardianship to children’s lives and family justice. Final report to the Nuffield Foundation, Lancaster University. Held at HEI.

[R7] Harwin J, Alrouh B, Bedston S, Broadhurst K, (2018). Care Demand and Regional Variability in England: 2010/11 to 2016/17, Lancaster University. Held at HEI. Peer-reviewed.

[G1] Harwin (PI), The Contribution of Supervision Orders and Special Guardianship to Family Justice and Children’s Lives, Nuffield Foundation: (2015-2018) GBP628,204 (of which GBP425,000 transferred to Lancaster University in April 2016). Peer-reviewed grant.

4. Details of the impact

Just over 400,000 children in England are in the social care system at a given point. The Department of Education (DfE) reported that 80,080 of these children were looked after by local authorities in 2019/2020 (statistics available here), many in foster and residential care. The number of children in the social care system has continued to rise annually, so it is vital to find ways to achieve safe and durable court ordered family reunification. The team’s research has worked towards achieving this aim and has shaped policy debates. It has:

(a) Strengthened the evidence base to enable expansion of FDAC in England & Wales. Since 2016, Harwin’s research has provided new evidence on the durability of family reunification beyond the immediate close of care proceedings [R1, R2], which has been cited by pioneering practitioners and advocacy and policy reformists in support of further FDAC expansion. For example, the influential ‘Care Crisis Review’ (Family Rights Group, 2018) drew upon the team’s research in proposing “ the DfE and the Ministry of Justice take forward the lessons from the FDAC problem-solving model of care proceedings so that this approach is extended, to become the normal way of hearing proceedings in the majority of cases” [S1], suggesting the Review considered this the most efficacious way to stem the escalating numbers of children appearing in care proceedings in England and Wales [R1, R5, S1]. Furthermore, the Director of the CJI said that: “ In my work as a policy adviser [to the Lord Chancellor], I have specifically cited ... ‘After FDAC: Outcomes 5 years later’ as part of wider efforts within the Ministry to persuade the Government to make commitments to test these approaches for substance misusing offenders in the criminal justice system” [R1, S3]. According to the former President of the Family Division, “ [Harwin’s] programme of research … has been fundamental in demonstrating the effectiveness of FDAC – in short, in proving that FDAC ‘works’ – and in consequence, in encouraging and facilitating its expansion across England and now into Wales. Her work provided the crucial research underpinning for major government investment in England and for the first pilot… in Wales” [S2].

In May 2019, the DfE announced an investment of GBP15 million in their Supporting Families: Investing in Practice (SFIP) programme, of which a significant amount was allocated to the expansion of FDAC in England. As reported by the Director of the CJI, the delivery partner of the SFIP, there were 8 FDAC teams serving 17 local authorities and 11 family courts in England prior to investment in the SFIP programme. Since commencement, SFIP has enabled the FDAC model to reach 7 new geographical areas, including some of the most deprived parts of the country (e.g., Stockport, Newcastle, Gateshead and North Tyneside). By April 2021, there will be 14 FDAC teams servicing 35 local authorities and 21 family courts in England [S3]]. The Director also reported that in 2019, 194 cases started FDAC proceedings across England compared to 324 cases in 2020; a 67% increase. He said that “because of the impact of Professor Harwin’s work in persuading Government to invest in FDAC, there are families today benefiting from the FDAC approach who would otherwise be unable to access it” [S3].

The team’s findings also galvanised local authorities in their support of the FDAC ethos, and they have match-funded central government investment. One local authority director with long-standing commitment to FDAC explained that “The research greatly strengthened the local case for FDAC’s continuation as it quantified impact across all FDAC sites…This authoritativeness supported local experience and directly influenced decision making to continue with FDAC… despite austere public funding reductions... FDAC’s evidenced based approach … continues to be a key part of Southwark’s strategy... it influenced regionally the expansion of FDAC through south London in 2018 through a 10 borough commissioning partnership. More partners led directly to a more cost-effective intervention and the scaling up increased sustainability” [R2, S4]. In October 2019, the Commission on Justice in Wales recommended that FDAC be established in Wales, citing the follow up study [R1, S5] with “ Lancaster research crucial to the deliberations of the Commission” [S3]. In November 2020, the Welsh government agreed to fund an FDAC pilot for two years (including an evaluation). It will take place in South Wales and aims to become operational in late 2021 [S3].

(b) Supported the CJI, the lead body in national FDAC roll-out.

Through international knowledge exchange, Harwin’s team have provided evidence of the vital role that champions of change play in driving forward justice innovation [R5]. Their research informed a high-profile 2018 campaign, led by Lord Listowel and the Sieff Foundation [S6], to challenge the withdrawal of funding from the FDAC National Unit, which was the central driving force behind FDAC in its initial expansion between 2015 and 2016. Drawing extensively on the team’s publications [R1, R2, R3], the campaign made the case for a central body to be responsible for consistent provision of support to new pilot sites and professional training [S3, S6]. The campaign led to a consortium of private benefactors offering financial assistance to this new body in 2019 - the CJI [S3]. Harwin’s expertise regarding FDAC’s effectiveness and potential barriers to roll-out led to her providing expert advice to the CJI and to the FDAC National Advisory Board (latter established in 2020), which reports to the President of the Family Division. The Director of CJI has commented that between 2019 and 2020, “Harwin’s research, and her ongoing support and advice to us …has been of immense value…we have developed new training programmes for practitioners and judges working within new and existing FDACs, based on the insights provided by Professor Harwin’s work. To date, we have trained over a hundred new specialist team practitioners, judges and partner practitioners incorporating the Lancaster research findings. In addition, we regularly use Harwin’s research in our reflective sessions with FDAC team managers to explore new practice solutions to issues arising across FDAC” [S3]. They also said that the CJI had drawn heavily on Harwin’s research in producing successful funding applications which have enabled the CJI to expand their role in supporting FDACs across England and Wales [S3].

(c) Identified and raised awareness of children on supervision orders as a marginalised vulnerable group.

The team’s research has radically improved the visibility of children returned home on supervision orders [R6, R7, G1]. Mr Justice Keehan (High Court Judge) has attested that “[Supervision orders’] contribution has been seriously neglected” [S11], as children who are the subject of these orders are missing from any local authority reporting requirements to the DfE as a separate category of vulnerable children. Now, following the team’s research, these children are at the heart of policy review and amongst practitioners [R6, S4, S7, S8]. Indeed, Mr Justice Keehan has said that “ The research is widely regarded as the national reference point on supervision orders, and child outcomes and it provides courts and local authorities with crucial benchmarking information” [S11]. New evidence that 1 in 5 children placed on a supervision order returned to court for further care proceedings [R6], raised questions amongst the judiciary about the efficacy of these orders to support children’s safe return home [S11]. Compounding this, the team’s exposure of systematic North/South divides in the use of supervision orders and care orders [R6, R7] attracted extensive media coverage, drawing attention to this issue and raising questions of equity in the application of the law [S12]. Subsequently, a joint report by the Ministry of Justice and DfE, which cited the team’s research [R6, S7], catalysed the President of the Family Division to initiate work amongst Local Family Justice Boards in 2019 to “promote consistent and appropriate decision-making in court”, with supervision orders singled out for special scrutiny [S8]. Furthermore, the team’s finding that inconsistent support had been provided to families of children subject to a supervision order (which raises fundamental issues about their contribution and effectiveness) has been extensively used by a consortium of 4 South London local authorities, local judges, and the Children and Family Court Advisory Service (Cafcass) to benchmark and review their own practices in the report, ‘Six Years on Track: In & After Care Proceedings 2013 –2019’ [S9]. The Director of one of the authorities has said that “the research raised awareness of a marginalised group of children and families ... and directly influenced local practice with strengthened practice protocols for managing supervision order cases, and increased attention to the tracking and understanding of such cases to evaluate ongoing impact” [S4].

(d) Set the impetus for and shaped a national review of supervision orders in England and Wales.

A rapid impact from the first longitudinal analysis of supervision orders [R6, R7], was the decision by the President of the Family Division, in early 2020, to launch a national review of supervision orders in England and Wales [S2, S11]. This is the first review of these orders since the enactment of the Children Act 1989. The review is being conducted by a sub-group of the Public Law Working Group and is co-chaired by Harwin and Mr Justice Keehan, and Alrouh is a member of it. The Chair of the Public Law Working Group has said that “The Public Law Working Group had not planned a sub-group on this topic. However, it was wholly persuaded of the necessity to address the wide-ranging issues raised by the report [R6] and that nothing less than a major review in England and Wales would suffice. The President was in full agreement with our view” [S11]. The review is considering whether supervision orders need to be made more robust and effective and, if so, how this could be achieved, or whether they should be abolished [S10a, S11]. The review has been shaped by the team’s findings [R6, S10b], and the Chair of the Public Law Working Group has stated that “ [Harwin] set out the rationale for the …new sub-group and framed the set of questions to be addressed, drawing extensively on the issues raised by her research [S11]. The review has already collected new evidence from further afield, in Europe, USA, Canada, Australia and New Zealand - all jurisdictions with supervision orders (or equivalent) - to share experience on how to achieve safer and more sustainable family reunification.

In summary, the Director of Children and Families at Southwark Council has stated that “ while research seldom produces definitive maps, there are sometimes more influential studies that light the path for improvement much more than others, without which we would still be scrambling around in the dark trying to do our best, to find a way, with good intent but little impact. Harwin’s work has provided enduringly bright beacons to guide our path to continually improve the family justice system and ensure better outcomes for children” [S4].

5. Sources to corroborate the impact

[S1] Care Crisis Review: options for change (2018) London, Family Rights Group (see pp. 35 and 36), https://www.frg.org.uk/images/Care_Crisis/CCR-FINAL.pdf.

[S2] Testimonial from the former President of the Family Division of the High Court and Head of Justice in England and Wales (until July 2018); Chair of the Advisory Board of the Nuffield Foundation Family Justice Observatory (2021).

[S3] Testimonial from the Director, Centre for Justice Innovation UK (2021).

[S4] Testimonial from the Director of Children and Families, Southwark Council (2021).

[S5] Justice in Wales for the People of Wales, the Commission on Justice in Wales, October 2019 (see pp. 320) https://gov.wales/sites/default/files/publications/2019-10/Justice%20Commission%20ENG%20DIGITAL_2.pdf

[S6] House of Lords meeting record, http://www.michaelsieff-foundation.org.uk/family-drug-and-alcohol-court-fdac-national-unit-closure/ (11 July 2018).

[S7] Ministry of Justice and DfE: confidential final report (2019).

[S8] Family Justice Board Newsletter (June 2019).

[S9] Parker, C and Tunnard, J (June 2020) ‘Six Years on Track: In & After Care Proceedings 2013 – 2019’, South London Care Proceedings Project, see especially pp.39-41.

[S10a] Public Law Working Group report, 'Recommendations to achieve best practice in the child protection and family justice systems: Special guardianship orders', p9 (June 2020). [S10b] Final report of the Public Law Working Group, 'Recommendations to achieve best practice in the child protection and family justice systems', pp.75-80 (March 2021).

[S11] Testimonial from The Honourable Mr Justice Keehan, the Chair of the Public Law Working Group, Family Division Liaison Judge for London (2021).

[S12] https://www.theguardian.com/society/2017/jul/03/children-in-north-of-england-70-more-like-to-be-taken-into-care-study-reveals; http://www.lep.co.uk/news/offbeat/northern-kids-more-likely-to-end-up-in-care-suggests-study-of-family-courts-1-8632431

Submitting institution
The University of Lancaster
Unit of assessment
18 - Law
Summary impact type
Societal
Is this case study continued from a case study submitted in 2014?
No

1. Summary of the impact

Researchers in the Centre for Child and Family Justice Research (CFJ) have pioneered the use of large-scale datasets to shape policy and practice for children in out-of-home care (looked after children). Consequently, children are at the heart of family justice reform in England, Wales and Scotland, and new best practice guidance and tailor-made services have been created. The research is change-orientated and has:

a) shaped national policy and practice reform in England, Wales, and Scotland by linking longitudinal large-scale datasets;

b) influenced national judicial training on special guardians and enabled successful campaigns to support new investments;

c) enabled government analysts to improve national datasets and maximise their use.

2. Underpinning research

Although the family courts and local authorities in England, Wales, and Scotland routinely produce a wealth of administrative data based on entire service populations, there has been scant use of these data in independent research. Both the Family Justice Review in 2011 (England and Wales) and the Looked After Children Data Strategy in 2015 (Scotland) called for greater investment in robust research to underpin pivotal decisions for children. The researchers, supported by the CFJ’s interdisciplinary research team, have contributed to family justice policy and practice by harnessing the potential of large-scale data to shed light on family court decision-making and on pathways and outcomes for children requiring out-of-home care.

The contribution of special guardianship to children’s lives and family justice

Special guardianship orders (SGOs), introduced in the Adoption and Children Act 2002, give the main parental responsibility for bringing up children who cannot live with their birth parents to special guardians (mainly relatives) until the age of 18. Building on earlier work and since joining Lancaster in 2016, Harwin’s team have undertaken the first national longitudinal study of SGOs in England, using administrative data produced routinely by the Children and Family Court Advisory Service (Cafcass in England; Cafcass Cymru in Wales). It is the first study based on Cafcass data to use a per child analysis to track pathways and outcomes, including return to court. Through an analysis of all care proceedings (175,280 children) between 2007 and 2016, and the resulting legal orders made between 2010 and 2016, Harwin’s team have demonstrated that special guardianship has become the main route out of the care system [R1, G1]. The proportion of SGOs as an outcome of care proceedings increased from 11% (1,566) in 2010 to 17% (4,018) in 2016. SGOs have thus overtaken orders which enable children to be placed with adoptive parents (22% in 2010, down to 16% in 2016). In total, more than 21,000 children were placed on SGOs following care proceedings in that period.

Harwin’s team have provided robust evidence that special guardianship is a safe and stable permanency option that keeps children within their family networks. They found that only 5% of children on SGOs returned to court for further care proceedings because family placements had broken down, and this finding challenged prejudicial attitudes about the placement of children with relatives. They also uncovered systemic problems in the operation of special guardianship through qualitative sub-studies. In-depth casefile reviews (107 children) and focus groups (89 practitioners and 24 special guardians) revealed that prospective special guardians often lacked access to legal advice and representation, did not understand the nature of the SGO, and felt excluded from the court proceedings [R1]. Just over a third of the children in the cases reviewed were made subjects of a SGO without prior testing of the placement, undermining legislative intent that a pre-existing settled relationship was in place before a final order is made. Practitioners suggested that the shorter timescales to conclude care proceedings, introduced in the 2014 Children and Families Act, had inadvertently led to rushed assessments and premature final orders. Harwin and Cusworth’s research uncovered lack of support, lack of voice, problems related to contact, and a process lacking the rigour afforded to adoptive parents [R1]. Overall, it revealed the inequitable treatment of special guardians within the family justice system.

Pathways to permanence for children in out-of-home care

As the Co-Investigator and lead quantitative analyst on phase one of the Permanently Progressing: Building secure futures for children in Scotland project [G2], Cusworth examined the pathways of all 1,836 children aged 5 and under who were in out-of-home care in Scotland in 2012-2013 over a 4-year period. She used administrative data provided by all 32 local authorities (Children Looked After Statistics [CLAS], [R2]. This longitudinal mixed methods study started when Cusworth was at the University of York and continued when she moved to Lancaster in 2017. The study was carried out in collaboration with the Universities of Stirling and York, and the Adoption and Fostering Alliance (AFA) Scotland, and investigated decision-making, pathways, permanence and outcomes for children in Scotland who became looked after at the age of 5 or under. Phase two of the study commenced in December 2020.

Cusworth’s team found that nearly 1 in 3 of the children who were in out-of-home care were not in a permanent placement (reunified to birth parents, placed with relatives or long-term foster carers) 3 years later. Furthermore, while 1 in 5 of the children had been adopted or placed with prospective adopters, most adoptions took 3 to 4 years to finalise. These new findings were concerning because of the recognised importance of establishing timely permanence for children. An analysis of the histories and outcomes of a sub-sample of 433 children showed that abuse and neglect were the most common factors resulting in children being in out-of-home care. The study also highlighted the emotional and behavioural needs of children who were permanently placed with kinship carers and those in adoptive placements [R3].

In 2018, Cusworth also linked, for the first time, local authority data on children in out-of-home care (CLAS) to data from the Children’s Hearings System (CHS), held by the Scottish Children’s Reporter Administration. Vulnerable children in Scotland may encounter Local Authority children’s services, or the non-adversarial CHS (where decisions are made by a lay panel), or the more traditional Sheriff court. Her research demonstrated the feasibility and value of data linkage, enabled a more comprehensive picture of the pathways into care to be established, including any previous referrals to the CHS for the cohort of 1,836 children [R4], and provided useful information for other researchers to draw on.

Nuffield Family Justice Observatory and the Family Justice Data Partnership

Following a development phase led by Lancaster’s CFJ, the Family Justice Observatory for England and Wales was established at the Nuffield Foundation in 2019. Its primary aim is to support better outcomes for children in the family justice system by improving the use of data and research evidence in decision-making. Cusworth and Broadhurst (and the Secure Anonymised Information Linkage (SAIL) Databank, Swansea University), were subsequently awarded a major grant of GBP2.18 million to establish the Family Justice Data Partnership (FJDP) as the data and analytics arm of the Observatory (2019 to 2023) [G3].

The FJDP’s research has resulted in Born into Care, an influential open-access series of research reports directed at policy makers and practitioners, which has contributed to knowledge about infants in the family justice system in Wales. Cusworth and colleagues uncovered the rising numbers of cases of care proceedings issued for babies at birth in Wales, revealing an increase from 39 new-borns (babies under two weeks old) per 10,000 live births in 2015 to 83 per 10,000 in 2018, with significant local authority and regional variation in incidence rates [R5]. The team’s research received repeat coverage by BBC Wales in October 2019 (radio and television, combined potential reach: 1.28million, source: Kantar). To facilitate close collaborative engagement with the Welsh Government and other agencies, Cusworth established the FJDP’s Welsh Reference Group, which includes members from Cafcass Cymru, local authorities, and Welsh Government policy and analytic departments. This group allows for regular discussion about the interpretation and implications of policy-facing project reports, and has led to measurable improvements in the scope and quality of Cafcass Cymru data. The resource profile of the Cafcass Cymru data sets out its scope and coverage [R6], highlighting the future research potential for other users.

3. References to the research

[R1] Harwin J, Alrouh B, Golding L, McQuarrie T, Broadhurst K, Cusworth L, (2019). The contribution of supervision orders and special guardianship to children’s lives and family justice. Lancaster: Centre for Child and Family Justice Research, Lancaster University. https://www.cfj-lancaster.org.uk/files/documents/SO_SGO_report.pdf. Peer-reviewed item. Funded by [G1].

[R2] Biehal N, Cusworth L, Hooper J, Whincup H, Shapira M, (2019). Pathways to Permanence for children who become looked after in Scotland. Stirling: University of Stirling.

https://www.cfj-lancaster.org.uk/files/documents/Pathways%20-%20Final%20Report.pdf Peer-reviewed item. Funded by [G2].

[R3] Cusworth L, Biehal N, Whincup H, Grant M, Hennessy A, (2019). Children looked after away from home aged five and under in Scotland: experiences, pathways and outcomes. Stirling: University of Stirling. https://www.cfj-lancaster.org.uk/files/documents/Outcomes%20-%20Final%20Report.pdf. Peer-reviewed item. Funded by [G2].

[R4] Hooper J, Cusworth L, Whincup H, (2019). Linking two administrative datasets about looked after children: testing feasibility and enhancing understanding. University of Stirling. https://www.cfj-lancaster.org.uk/files/documents/Linkage%20-%20Final%20Report.pdf. Peer-reviewed item.* Funded by [G2].

[R5] Alrouh B, Broadhurst K, Cusworth L, et al (2019). Born into care: newborns and infants in care proceedings in Wales. London: Nuffield Family Justice Observatory. https://www.cfj-lancaster.org.uk/files/pdfs/BiC_Wales_report_English.pdf. Peer-reviewed item.

[R6] Johnson R D, Ford D V, Broadhurst K, Cusworth L, et al (2020). Data Resource: population level family justice administrative data with opportunities for data linkage. International Journal of Population Data Science, 5 (1). https://doi.org/10.23889/ijpds.v5i1.1339. Peer-reviewed item.

Research Grants

[G1] Harwin (PI), The contribution of supervision orders and special guardianship to family justice and children’s lives, Nuffield Foundation: (2015–2018) GBP628,204 (of which GBP425,000 transferred to Lancaster University in April 2016). Peer-reviewed grant.

[G2] Cusworth (CI), with Whincup, University of Stirling (PI) and Biehal, University of York (Co-PI), Permanently Progressing? Building secure futures for children in Scotland, anonymous donor, (2014–2018), GBP400,000. Grant awarded via competitive tender by the (former) British Association of Adoption and Fostering.

[G3] Cusworth (CI) with Broadhurst (PI), A data platform and analytics partnership for the Nuffield Family Justice Observatory, Nuffield Foundation: (2019–2023), GBP2.18 million. Peer-reviewed grant.

4. Details of the impact

Every day, the family courts and local authorities make critical decisions about children, including that they are unable to live safely with their birth parents and should be removed from their care. It is vital that these decisions, which shape children’s lives into adulthood, are underpinned by the very best research evidence and data. Harwin and Cusworth’s research is focused in this way, and has:

(a) Shaped national policy and practice in England, Wales, and Scotland by linking longitudinal large-scale datasets. In 2018, the then President of the Family Division instructed a comprehensive review of public law in England and Wales for the improvement and reform of the child protection and family justice systems, appointing a Public Law Working Group (PLWG) chaired by Mr Justice Keehan, with Harwin an invited expert member. Harwin and Cusworth’s research ensured that children subject to SGOs were central in the review, given their new evidence about the considerable number of children exiting care proceedings on these orders [R1, G1]. The Chair has stated that the research [R1] “ provided the working group with authoritative national statistics on the scale, use and outcomes of special guardianship. They were an essential context and underpinning to our recommendations regarding policy and practice reforms” [S1]. The PLWG’s subsequent report on special guardianship, which incorporated new national best practice guidance (BPG), was issued to thousands of professional stakeholders in the family justice system (including all family judges in England and Wales, the Family Bar and solicitors, children’s guardians, and social workers) by the President of the Family Division in June 2020 [S1]. The new BPG includes several recommendations directly arising from Harwin and Cusworth’s research, including that SGOs should not be made prematurely by the courts without first ensuring the quality and stability of a placement with family or friends, to negate the unacceptably high number of children placed without a pre-existing relationship [R1]. The Chair of the PLWG has commented that “ The importance of ‘The Contribution of Supervision Orders and Special Guardianship’ [R1] in formulating the recommendations of the PLWG’s Special Guardianship Order Report and BPG cannot be overstated. It has brought real and significant changes in the approach of local authorities, lawyers, children’s guardians and the courts. Most importantly, it has improved the outcomes and life chances of children and young people who are made the subject of special guardianship orders” [S1]. Thus, beneficiaries of the new BPG are children who leave care through SGOs (around 3,500 per year), special guardians, and family justice practitioners.

Research by the FJDP, presented in the Born into Care series, and which made infants the focal point in family justice reform, has (since 2018) provided a focussed analysis for Wales, with rapid and multiple reform of policy and practice [R5, G3]. The Head of Children’s Services at Newport City Council said that “ we have used the research as a springboard to develop specific services to meet the needs of the mothers identified in this research and to develop provision which better meets their needs and so improve outcomes for them and their children. The policy for working with pregnant mothers at risk of involvement with the Local Authority has been overhauled with a complete change for ourselves and the midwifery services. The work of the FJDP revealed we were working to some shibboleths which absolutely needed to be dismantled” [S2]. Reflecting the shift in understanding of the needs of pregnant mothers at a national level, a range of new services have been developed across Wales offering intensive support in pregnancy, including (for example) the Baby and Me multiagency service co-run with Barnado’s (Newport) and Jig-so in (South West Wales). These services provide intensive support to vulnerable parents during pregnancy (Baby and Me), with early evidence demonstrating positive outcomes and a lower rate of care proceedings [S2].

In addition, the Independent Care Review, announced by the Scottish First Minister in 2016 and launched in 2017, aimed to improve the care system for children. It highlighted the importance of using longitudinal and linked administrative data, to better understand children’s care pathways and outcomes. Findings from Cusworth's work [R2, R3, G2] contributed to the Evidence Framework [S3]; her research was commended for “ adding to our knowledge of looked after children’s care journeys” [S3] and went on to influence the final report, ‘The Promise’, published in February 2020. The Former Policy Manager in the Looked After Children Unit of the Scottish Government has commented that the research findings “ have been of great value in informing current and future policy development…I along with colleagues …have used key messages from the research in several Ministerial speeches and briefings across specific policy areas as well as cross cutting themes. The research continues to influence support for families, carers and practitioners by highlighting what more needs to be done to meet their needs” [S4].

(b) Enabled successful campaigns and shaped national training. Harwin, in partnership with Grandparents Plus (the national kinship care charity across England and Wales) and the leading children’s charity CoramBAAF, produced a highly influential documentary film: The First Day of Forever: Becoming a Special Guardian. It drew on the personal experiences of special guardians revealed by Harwin and Cusworth’s research, which highlighted the inequitable treatment of relatives who care for children in out-of-home care [R1, G1]. Launched in June 2020, by December 2020, the film had been viewed more than 5,000 times on YouTube [S5]. In the context of increased awareness of special guardians’ marginal position, Grandparents Plus drew directly on Harwin and Cusworth’s research [R1] and the film to successfully secure funding from the government’s Adoption Support Fund. The charity’s Chief Executive has said that “ The CFJ’s publications were especially relevant to the development of our Kinship Response service which was rapidly designed and implemented in response to the unprecedented social crisis resulting from the Covid-19 pandemic” [S6]. Furthermore, “ The largescale data provided strong evidence of the changing use of SGOs nationally …This information has been a vital underpinning to our policy and lobbying work because it makes the case so clearly that it makes sense to invest in special guardianship. Equally important to us were the qualitative findings of the 2019 report [R1] which revealed systemic problems. We have used these too for service development, funding applications and staff development and policy reforms” [S6]. The national Judicial College (England and Wales) has also used the film in its training programme, with at least 300 members of the judiciary having benefited from seeing it. A Circuit Judge, the Course Director, has stated that “I have seen a real change once people have seen the film and looked at the research in the way they approach a case ... It has brought about a change in awareness and understanding of the needs of special guardians… I know that, as it is quoted to me in Court, and rightly so, when parties seek a delay to allow placement and assessmentThe largescale data the research provided has completely changed the way the courts and professionals are now approaching special guardianship assessments” [S7].

In Wales, powerful data visualisations and accessible summaries of key research findings on infants entering care [R5, G3], have enabled practitioners to take up the messages and catalysed practitioner-led change [S2]. In Scotland, alongside final reports [G2, R2-4] and summaries, including an accessible summary for children with an accompanying audio-recording, a series of policy briefings were produced. These, together with a seminar for policy makers, and a practitioner workshop series, run in collaboration with Adoption and Fostering Alliance (AFA) Scotland, maximised the reach and immediate take-up of the key messages in policy and practice [S4].

(c) Influenced the scope, quality and use of population-level administrative data. Through regular liaison with Cafcass (England) and Cafcass Cymru, including via the dedicated FJDP Welsh Reference Group, Harwin and Cusworth’s research has enabled data owners to understand the completeness of their data, and highlighted critical gaps and limitations in their data capture [R1, R5, R6, G1, G3]. The Deputy Chief Executive of Cafcass Cymru has commented that “ Cafcass Cymru are now developing and implementing a case closure process as a means of capturing key elements and outcomes of cases is as a direct result of Linda’s work” [S8]. Cusworth’s research [R6, G3] has also provided valuable information for other data users and showed “ the value of being able to link datasets to provide valuable insights into burning and important issues” [S8].

As a result of Cusworth’s research on combining a series of annual data returns from local authorities [CLAS] on children in out-of-home care [R2-4, G2], the Scottish Government have funded the work necessary to produce a new longitudinal data resource, with input from Cusworth on data issues and quality. The former Lead Statistician in the Children and Families Analytical Unit of Scottish Government has noted that “ This work was very useful as it provided us with additional insight into the quality of data which we were able to build into future versions of the data” and “ provided an excellent example of the public benefit brought about by the use of administrative data” [S9]. Regular feedback to the analytics team and to local authority data providers, together with contributions to discussions about the value of the data and a consultation on children’s social work statistics in Scotland, were highly valued and “ will inform plans for developing the data collection in future, and lead to data that is fit for purpose” [S9].

The research has benefitted, and will continue to benefit, children in out-of-home care, their special guardians and new-borns as they progress through the family justice system. Policymakers are able to act on improved analyses of administrative data but, most importantly, better pathways and outcomes for children are now at the centre of family justice reforms.

5. Sources to corroborate the impact

[S1] Testimonial: Chair of the Public Law Working Group (Nov 2020).

[S2] Testimonial: Head of Children’s Services, Newport City Council (Feb 2021).

[S3] Scottish Independent Care Review (Evidence Framework), ( www.carereview.scot/conclusions/evidence/) (2020).

[S4] Testimonial: Policy Manager, Looked After Children Unit, Scottish Government (Feb 21).

[S5] “The First day of Forever” film, ( www.youtube.com/watch?v=pNO1sZb5mjc) (July 2020).

[S6] Testimonial: Chief Executive of Grandparents Plus (Feb 2021).

[S7] Testimonial: Family Course Tutor, Judicial College (Feb 2021).

[S8] Testimonial: Deputy Chief Executive, Cafcass Cymru (Feb 2021).

[S9] Testimonial: Lead Statistician Scottish Government (Feb 2021).

Showing impact case studies 1 to 4 of 4

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