Magistrate Monitoring and EvaluationMagistrate Monitoring and Evaluation

Other guidance: Training Needs Analysis

Content

  1. Introduction to Training Needs Analysis (TNA)
  2. What does TNA involve?
  3. What are the benefits of a TNA?
  4. Performance and Need
  5. Example of a TNA
  6. Practical Tips

1. Introduction to Training Needs Analysis (TNA)

Justices’ Clerks, Training Managers, Chairmen of Magistrate Area Training Committees (MATCs), and Bench Training and Development Committees (BTDCs) all have an input to the training and development of magistrates, and should therefore have an understanding of (TNA).

Training and development activities, like any investment, should be targeted, planned and managed. 

The Judicial Studies Board (JSB) sets out magistrates' training requirements as laid down in the “Annual Agreement on the National Minimum Training Provision for Magistrates”.

The needs for all magistrates’ training must be properly identified and provided, that is the purpose of TNA.

TNAs can be complex, and with this in mind, we have designed guidance that is simple to use. It will help to provide a clear system for identifying and understanding training needs and effectively prioritise training.

This will give you a sound foundation from which to plan and design training, and later, evaluate its success, in line with the Framework of Standards for Magistrate Training and Development (the Standards). Stage 1 of the Standards specifically relates to TNA.

As with all training, the availability of resources such as the Legal Training Manager’s and Administrator’s time are factors in deciding how and when to conduct a TNA exercise. It is for local decision makers to make these decisions, as they are most aware of the resources available to them. 

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2. What does TNA involve?

TNA involves:

- Monitoring current performance using techniques such as observation, interviews and questionnaires. This could involve all court users, Probation, Youth Offending Teams, and so on.

- Monitoring personal performance using techniques such as feedback from mentoring, appraisals and post sitting reviews.  TNA could be a natural outcome of the mentoring and appraisal system, when discussions take place on what skills and competences need to be improved and how.

- Anticipating future gaps in skills or knowledge, for example Feedback skills for appraisers, delivering Simple Speedy Summary Justice (CJSSS), Community Orders (Probation Service update).

- Identifying whether training is required and analysing how this can best be provided. For example, can the training need be satisfied by a one-to-one coaching session with a Legal Adviser, or by directed reading, or by a short training session during a specialist Panel meeting?

- Monitoring the progress of training, so that you know when you need to make adjustments.

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3. What are the benefits of a TNA? 

The benefits of a well-conducted TNA are:

- Learning can be directly related to needs (at individual, Bench or Area level).

- Learning can be targeted at specific needs.

- Learning needs can be identified and prioritised.

- The time of trainers can be spent more effectively.

- The time of magistrates can be spent on training events, or interventions, that are appropriate to their needs.

- Financial resources can be allocated more effectively and efficiently.

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4. Performance and Need

Tom Boydell and Malcolm Leary[1] believe it is helpful to consider performance at three levels.

These are:

- Level 1 Implementing (I1). This is about doing things well.  It is the gap between the actual and desired performance.

- Level 2 Improving (I2). This is about doing things better.  It is about improvement.

- Level 3 Innovating (I3). This is about doing new things. It is about reviewing what is being done, and making changes.

They also distinguish between three types of need. 

These are:

- Organisational training needs.  An organisational training need is one that applies to the whole organisation; in magistrate terms this may be the whole magistracy, the MATC Area or any large grouping of magistrates, such as all Area Advisory Committee Members.  There are two sub-categories:

- Training needs which are generated by change, such as new legislation, For example, Criminal Justice Act.

- Training needs which must be met to produce change, such as better case management.  For example Criminal Justice Simple Speedy Summary (CJSSS).

- Group training needs.  A group training need is one that applies to a particular category of magistrate, for example all those in a particular BTDC, Youth Panel or Family Panel.  It may be a consequence of a wider organisational change or it may have arisen for a group of magistrates in isolation.  There are two sub-categories:

- Training needs which are generated by change, such as those in light of Sections 49/50 Court Act.

- Training needs that must be met to produce change, such as an improvement in the quality of bail decisions.

- Individual training needs.   This is a need, which applies to individual magistrates.   There are two sub -categories:

-Training needs which are generated by change, such as appointment to a specialist panel For example, Youth, Family, Appraiser or Mentor Panels.

-Training needs that must be met to produce change. Situations such as training needs identified through observation, appraisal or post-sitting reviews. For example, voice projection, speed-reading, assertiveness, feedback skills, effective questioning.

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Tom Boydell and Malcolm Leary have also analysed each of the three levels and identified different modes of learning at each performance level.

  Organisation MATC/JSB

Group
Local Bench

Individual Magistrate
I1 Implementing: Doing things well Meeting current organisational objectives Working together to meet current targets and standards Being competent at the level of current requirements
I2 Improving: Doing things better Setting higher objectives and reaching them Team continuous improvement and activity Having and using improved skills and processes
I3 Innovating: Doing new things better Changing objectives and strategies Working across boundaries to create new relationships, products and services Being able to work more creatively, with a shared sense of purpose

Using the matrix you can identify the level of performance required against individual, group and organisational levels, to give you a complete picture of learning need. You can then decide what type of learning is required to meet each category of need.

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5. Example of a TNA

The local Probation Service highlighted a problem with the continuance of restrictions on bail (ROB), and Drug Rehabilitation Requirements (DRR). Court records showed that despite recent bail update training, a very small percentage of drug treatment on bail conditions (Restrictions on Bail) were transferring into drug treatment on sentence (Drug Rehabilitation Requirements):

MONTH Restriction On Bail (ROB) Drug Rehabilitation Requirements (DRR)
January 72 9
February 73 12
March 72 11
TOTAL 217 32

The following table shows the sentances following Restriction on Bail for the three months January, february and March

Sentences following Restrictions on Bail
Conditional discharge 16
Fine 39
Deferred Sentence 9
Community Order without DRR or Alcohol and Substance Misuse (ASRO) 44
Community Order with ASRO 9
Community Order with DRR 32
Imprisonment 33

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The Justices' clerk used the matrix as follows:

  Organisation MATC/JSB Group
Local Bench
Individual magistrate
I1 Implementing: Doing things well Meeting current organisational objectives Working together to meet current targets and standards Being competent at the level of current requirements
I2 Improving: Doing things better Setting higher objectives and reaching them Team continuous improvement and activity Having and using improved skills and processes
I3 Innovating: Doing new things better Changing objectives and strategies Working across boundaries to create new relationships, products and services Being able to work more creatively, with a shared sense of purpose

The issue was discussed at the MATC meeting and it was decided that all local magistrates should be reminded of their sentencing options. The Legal Training Manager used the monthly bench newsletter to highlight a case where the defence Solicitor suggested that because the defendant was now attending a drug treatment centre on a voluntary basis, there was no need for the magistrates to impose a DRR.  The Bench followed the Solicitor’s advice, and imposed a conditional discharge, despite the facts that the offence was acquisitive, the defendant had tested positive on arrest, and had also complied with the Drug Intervention Programme.  The Legal Training Manager used the example and statistics to reiterate that a successful period of bail treatment is a powerful indicator to continue as a DRR within a Community Order.

In this example the Justices' Clerk and Legal Training manager continued to monitor the ROB and DRR statistics to ensure that the bail update training was applied correctly.

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6. Practical Tips

- The identification of training needs is the initial stage of the training cycle.  It is concerned with finding out if there is a training need, and, if so, who needs training and in what. It is important because magistrates learn, and trainers train better when they understand the context of the training provided, particularly in terms of organisational need.  See Framework of Standards for Magistrate Training and Development.

- Take TNA as seriously as you do the delivery of training.  It will ensure that training addresses existing problems, is tailored to MATC/BTDC training priorities, and is delivered in an effective and cost-efficient way. 

- Investigate identified training needs carefully, for example as identified through an appraisal, or post sitting review, so as to avoid making false assumptions.  If necessary, work to persuade other colleagues and external agencies of the benefits of collecting data on training needs.

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Further information

If you would like us to provide additional support or advice on this topic, please do not hesitate to contact the JSB M&E Team.

References

JSB Magistrates National Training Initiative (MNTI) Core Training Materials Chartered Institute of Personnel and Development (www.cipd.co.uk)

Evaluating Training Programs – Second edition - Donald L. Kirkpatrick. Berrett-Koehler Publishers ISBN 1 – 57675-042-6

Boydell, T.H (1983) A Guide to the Identification of Training Needs, London, BACIE

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