28 June 2006

Who's the victim?

I keep on hearing calls for courts to be more focused on the victims of crime, and I agree completely - they shouldn't cause these victims even more suffering.

But who's the victim? I've come across a couple of cases recently that have put this question into perspective.

Firstly two people with severe learning disabilities and a high level of support have been having problems in their shared tenancy for quite a few months. Some plans to address the problem by moving one of them were dropped a while ago. Now one of them has attacked the other and all sorts of emergency procedures are being invoked. I'm not so interested in the details of the case, only that one of the two is currently in the classical position of the victim (of an assault), while the other therefore becomes a perpetrator.

Secondly a person I know with a high level of support needs, but not quite enough of the right kinds of problems to enable him to access certain key services immediately. As time goes on he is increasingly presenting with additional problems, and there are 'rumours' that these include a return to some of the violence that he has been involved in in the past. Violence again implies a perpetrator and a victim.

It's clear that the perpetrators of violence in both these cases are also victims. Like all the stories I'm trying to tell I don't think there's anything particularly unusual or newsworthy about these situations - similar things happen to hundreds or even thousands of people in the UK each week. I don't want to start accusing statutory services of neglect, because again I think this is in a way a violent approach to solving the problem, which often results in violent defensiveness and doesn't get anywhere.

What I would like to think about is that if we are to take a more person-centred approach to working with people in general, then we also need to take a person-centred approach to people who are violent towards others and to all the people who are victims of this violence. At the same time I think there are some natural developments towards taking a more holistic approach to our understanding and responses to violence.

Some examples of this would be:

  • protecting people who suffer from, say domestic violence or sexual crimes from the added violence that can come in the investigative and judicial processes that current legal systems still tend to impose (there are already many initiatives that address these issues, and they are linked to this agenda in diverse ways);
  • recognising that people who behave in violent ways are usually victims of violence and abuse themselves, that they may suffer from the multiple effects of poverty, or that they may well have low level mental health problems for example that would be amenable to community based approaches to support and rehabilitation (all sorts of people are doing this);
  • questioning the value of punitive approaches including imprisoning people or stigmatising them with criminal convictions and making it harder for them to find work or access other services;
  • supporting more informal preventative and community-based approaches to avoid reaching crisis situations, including recognising some of the violence still inherent in our education system and incorporating a more ethical and community based approach to teaching and education from an early age (see the Steiner schools for one approach to this);
  • recognising that violence means restricting action, that sometimes violence is necessary, but we should be able to see it for what it is, discuss it properly and act on our conclusions, including a recognition that bureaucratic processes are inherently violent and that while they are necessary in some ways we need to recognise this violence and develop more effective ways of dealing with it;
  • the list goes on...

4 comments:

Carol Laidlaw said...

I find the comment that bureaucratic procedures involve violence interesting, but would qualify it by saying that bureacratic procedures, when inefficiently or incorrectly administered, are violent. Most of my clients have suffered some form of psychological violence in this respect.

Henry said...

Thanks Annie.

I think we all know people who have suffered violence due to mal-administration. But I did seriously mean to say that it's worth thinking of bureaucratic procedures as inherently violent.

I realise if I shout too loudly about this I may not make many friends. Of course as an advocate I don't pick arguments, preferring to quietly persuade people to make small changes that will hopefully add up in the medium term...

I started to explain again in more depth why I think this, but it's a long story if I'm going to do it proper justice, so I've deleted what I wrote. I'm sure it will continue to be gradually elucidated as this blog progresses, and I do believe that many people understand this way of thinking without all the academic mumbo-jumbo that usually gets put in such explanations.

Did you read the post I linked to: Protecting vulnerable people from objectivity? That may help you to see why I'm taking this stance.

Thanks a lot for commenting though, and good luck with your blog.

:-)

Carol Laidlaw said...

I've read your article on protecting vulnerable people and I'm afraid I have to say I'm not impressed. This is because you're confusing objectivity with abuse of power/position.
If I'm representing somebody for rent arrears in the county court, I have to be 'objective' about how they get their housing benefit claim sorted out and how much they can realistically afford to pay off the arrears each week. If I simply let the person express their feelings in court about the landlord/housing benefit system, it would not stop them getting evicted and would get us both thrown out of court in short order, with nothing gained.
I have on occasion 'expressed myself' about the bureaucratic system we are all subject to. This has only pissed off the bureaucrat concerned, with nothing useful gained, and on one occasion got me suspended from work. There's a difference between being objective to get what you want out of the system, and pretending 'objectivity' to maintain your power over another person, to their detriment.

Henry said...

Hi Annie

I agree with most of what you're saying, but I don't agree that I've confused 'objectivity with abuse of power/position'.

I went to a CPA today in a forensic psychiatric unit where it was important that I didn't confuse the two. Because of the fact that my advocacy partner refused at the last minute to attend the meeting, I was forced to work in a very objective way. In particular I was in a position where my role was seen very much by the other professionals in the room as 'representing' their 'patient' and 'speaking on her behalf': these of course are two attitudes which good advocacy strives to avoid.

The position was made worse because the doctors refused to believe that I had my partner's consent to hear confidential information about her. I objectively pointed out that they had a week's notice to clarify this point, and if they couldn't involve me properly perhaps they would like to postpone the meeting until they were adequately prepared. They weren't willing to do this and I was left with a choice of whether to walk out of the meeting or stay on their terms.

There were several other issues, but to cut a long story short my partner wasn't really interested in these 'objective' arguments about my role and the proper procedure for conducting CPAs. I stayed. Throughout this discussion I engaged perfectly sensibly and productively with the doctors, and left with their respect and a good hope of a better experience next time. During the bit of the CPA I contributed to I put my partner's views and feeling across as we had discussed.

In another case I recently prepared papers for a barrister to give an opinion about whether we could legally challenge a homeless decision. I would argue that while I understand the 'objective' systems that the professionals and bureaucrats are working within, and while I agree that this knowledge is very useful for me to work effectively, I was effective partly because of my advocate's natural aversion to objectivity.

Some examples of this:

* advocates work with partners - and we see them as individual people, refusing to objectify them

* good practice recommends that we don't 'speak on behalf' of people

* we mainly work within objective frameworks for short periods while in court or in meetings, but our most important work is all the subjective relationship building so we can get to really know what our partners want and why

These blog posts shouldn't be read as if I'm some kind of reactionary or revolutionary. This writing is at least half philosophy (ethics), and philosophy is the process of describing concepts in different ways that can give us a chance to think and act differently.

You yourself mention the problem of people 'pretending 'objectivity' to maintain [their] power over another person, to [that person's] detriment.' I think this is a problem that needs some new thought. Sure we can work within the system, and most of the time we do because this is the most practical approach. The reason I'm an advocate though is because I think advocate's are the people who best critique the system through their working practices.

My writing on this blog is about using the space to explore more subtle critiques of our practice (or mine at least) in a relatively safe and independent space.

This has ended up going on for quite a long time. I hope you don't feel like I've been ranting at you - I'm just trying to give a thoughtful response to your comments.

Thanks