Formazione ed Europa: esperienze a confronto

Transcription

1 A story of leadership and management development: How the Judicial college (England and Wales) supports modern judges in their roles as leaders and managers di Kay Evans * To meet the new challenges facing the leaders of the courts, the Judicial College for England and Wales, with the support of an expert on adult education and leadership and a panel of judges in senior positions, identified what is the role of a manager today, analyzed the training needs and designed and implemented an innovative and demanding training. The author, one of the interpreters of this experience, tells us and shows us the prospects for development. In the beginning In a climate of constant change and reduced resources judicial leaders and managers across all jurisdictions face greater challenges than ever before. To provide support for judges in these roles in June 2013 the Judicial College (England and Wales) invited a number of senior judges from across all jurisdictions to attend a Leadership Forum. The purpose of the Forum was to agree the skills and attributes required of judges with leadership and management responsibilities; to identify the training needs of those judges and to design a Development Programme that would enable them to meet those needs and achieve the goals required by the Judicial Executive Board. My role within the Judicial College is as an Education Adviser. My expertise is in adult education and learning, and I specialise in Leadership and Management Development. As a basis for their discussions I provided the Forum members with a paper which outlined the development of leadership and management training and set the context for their discussions. The theory and context Leadership is a topic that has been the focus of discussion and research for centuries and whilst academic studies on both leadership and management have multiplied since the 1970s no agreed single definition of either currently exists. However it is interesting to note that in many respects the skills and attributes that have been identified for an effective leader have changed little over time: Xenophon (300 BC) Bass, B. M., & Riggio, R. E. (2006) Leaders: - Inspire others by encouragement - Remind people of the higher purpose - Are firm, fair and visible - Show humanity Leaders: - Articulate a vision that is appealing and inspiring - Instil pride, gain respect and trust - Provide a role model for highly ethical behaviour - Provide empathy and support * Dr. Kay Evans is an Education and Development Adviser with the Judicial College (England and Wales). Her career has included senior leadership roles in both public, private and charity sector organisations, with over 25 years experience in education and training. Kay specialises in the development of senior leaders. As Head of Profession for Leadership Development at the National School of Government Kay worked with a wide variety of public sector organisations, in the UK and internationally. Kay now leads the delivery of the Judicial College s cross-jurisdictional Leadership and Management Development programme. E - 1

2 Until the 20 th century much of leadership theory was based on a model of military and regal characteristics and a belief that leaders were born, not made. The theoretical frameworks of the 18 th and 19 th centuries in particular were dominated by the notion of the heroic leader. During the 20 th century the First World War so decimated the officer class in the British army that new ways had to be found to recruit replacements. The British and U.S.A. armies developed recruitment and selection processes based on a new assumption that leadership skills and behaviours could be isolated and trained. So began a new era of leadership development theory that saw the move away from the the great man theory of a charismatic, heroic leader who was born to rule, towards behavioural and situational leadership models. The Contingency model of leadership was developed in the 1960s and is still the basis of many of the most rigorous models. It argues that whilst there might be a range of generic leadership skills and abilities, there should also be consideration of the situational variables with which leaders must deal. Further, the 1970s saw the introduction of the Servant model of leadership which emphasised the ethical responsibilities of leaders to their followers. Moreover, a report in 2013 by the Centre for Creative Leadership on future trends identified the support of more flexible, reflective and sensitive leaders as a priority in leadership development. Without this focus they argued leaders will remain incapable of dealing with the complexity of the modern world. Management as an area of study separate from Leadership began to be discussed in the late 19 th century. Much of early management theory was reflected in the definition taken from the Latin manus, meaning hand. Theory focussed initially on the practicalities of managing machinery and other resources, including people. Research in the 1950s by Professor John Adair, a renowned British academic working at Sandhurst Military Academy, produced his Action Centred Leadership model. This model helped to raise the perception of management as a skill set and role. Adair argued that not all leaders are necessarily great managers, but the best leaders will possess good management skills. Defining leadership There is such a wide range of definitions for both leadership and management that to list them all would be self-defeating, overwhelming and possibly a waste of our time. However it is interesting to consider some of the definitions and how they relate to judicial leaders. Leadership is often defined in one of two ways. Either very simply, a leader is someone who has followers (Drucker 1973); or, more fully to include a list of the leader s roles and responsibilities, leadership defines the future of an organization, aligns people with a vision, and inspires others to make that vision happen, despite obstacles (Kotter 1996) Definitions of management often follow the same formula. Either very simply, the art of getting things done through people (Parker-Follett 1926) or more fully, management ensures that organizations run smoothly, keeps things in order, and deals effectively and efficiently with problems as they occur (Kotter 1996) There are valuable elements of management not always found in leadership, e.g. administration and managing physical resources. Leadership also contains elements not necessarily found in management, e.g. inspiring others through personal enthusiasm and commitment. Miller et al (1996) make the following distinction between leadership and management, reflecting the words of AdmiralGrace Hopper, U. S. Navy (1987): Management involves using human, equipment and information resources to achieve various objectives. On the other hand, leadership focuses on getting things done through others; Thus you manage things but you lead people. However for judicial purposes the line between leadership and management is often even more blurred. There will always be differences dependent upon the jurisdiction in which the judge sits; the structure of the jurisdiction, the level of the role and the scope of the judge s responsibilities. The agreement reached by the Leadership Forum was that judicial roles will include both leadership and management in varying proportions; a continuum of leadership and management. At any one time a judge may carry out their role in different proportions; often moving up and down the continuum as necessary. It is important to remember that judges also have a judicial role on which their leadership and management role is overlaid; they do not have the luxury of a pure leadership and management role. The biggest challenge for judges, especially judges in the court system, is establishing time in which to lead and manage. Whilst in many organisations as one is promoted to a management role, one s operational role diminishes; for judges it is often the reverse. Exceptional judges are promoted to become senior leaders, and are expected to continue to be exceptional judges. The conversation amongst the Forum members was aided by the statement on judicial leadership and management skills, prepared by the Judicial Office HR in collaboration with senior judges. This framework describes the skills which can promote success- E - 2

3 ful judicial leadership and management (annex 1). Developing a new approach and a new programme During the Forum the Senior Judges identified the following four priority areas of development: - Understanding the organisation - Communicating and working with others - People management - Managing yourself as a leader Following the Forum the Judicial Executive Board requested that the Judicial College design a cross-jurisdictional Leadership and Management Development (LMD) Programme to address the priorities list above. The Judicial College, in collaboration with senior judges from all jurisdictions and with the Judicial HR team, began to design the new Programme. This new Programme was based on Leadership training that had already been delivered successfully to a range of judges as training tailored specifically for their needs and delivered during their annual conferences. These judges included Justices of the Supreme Court, Family Division Liaison Judges, Designated Family Judges, Resident Judges, Civil High Court Judges and Residential Judges within the Immigration and Asylum Tribunal. The purpose of this newly designed Programme was to ensure that it met the needs of all leadership and management judges, across all the jurisdictions. The training would be delivered cross-jurisdictionally to encourage participants to share their experiences, expertise and learning. Furthermore, the Judicial College also drew on the expertise of others whose leadership and management approach reflects in some ways that of the judiciary. These included Bishops of the Church of England, medical Consultants and the British Army. The content and process of the Leadership programme The first LMD Programme was launched in March 2014 and was specifically designed for all newly appointed judges with leadership and/or management responsibilities (LMJs) and to be relevant to all levels of seniority. Experienced LMJs who have not had the opportunity for training earlier in their careers are also encouraged to attend the programme or individual Workshops as appropriate. The Programme consists of three Modules, the content of which has been designed with the support and involvement of a cross-jurisdictional working group of senior judges. Each Module begins with a face-to-face Workshop and is followed by a number of work place activities linked to the role of judicial leader and manager. Each Module takes approximately one month to complete and the complete Programme is finished within three months. The Judicial College runs the complete Programme twice a year. The topics of the three Modules are based on the priority areas identified by the Forum members: Module One: Understanding your organisation This Module explores the scope and focus of the judges role and responsibilities, including how to build and maintain those internal and external relationship essential to ensure delivery of their priorities, and how to lead and manage change. Module Two: Leading and managing others This Module explores the LMJs role in leading and managing other judges, including how to ensure successful conversations regarding performance and pastoral issues; how to manage stress and how to develop resilience in others. Module Three: You as a leader. This Module explores the LMJs personal development as a leader, including how they manage their own stress and develop resilience. They also spend time developing their strategies and plans for delivering their identified priorities. There are some important themes that run through all of the Modules, including leading and managing change and developing effective relationships, both with judges and with other organisations with whom the LMJ needs to interact. The Workshops are run with small groups of up to 20 participants and emphasis is placed on learning from each other and from senior judicial leaders. The activities include some light touch academic input from me which provides a theoretical foundation for their leadership development. This is supported by input from experienced judicial leaders, including Employment Tribunal President Judge Brian Doyle and Lord Justice Ryder (Appeal Court Judge and Senior President of Tribunals), who provide the judi- E - 3

4 cial context and knowledge for the theory. The focus is very much on developing the participants leadership skills and behaviour and time is taken for discussions and reflections, in small groups and in plenary, about how these will be applied in their own specific, judicial context. Following each Workshop the participants are encouraged to take on a series of activities, related to the content of the Workshop, which will enable them to put their learning into practice. These include having a challenging conversation, perhaps one they have been putting off for some time; arranging to meet people in other organisations, with whom they will need to work, and putting their plans and strategies into action. At the following Workshop they are asked to report back on what they have done, what worked and what lessons they have learned. This way they are encouraged not only to apply their learning, but also to share the subsequent lessons learned with others for their benefit. Newly appointed LMJs also have the option to select a leadership mentor from a group of specially trained mentors. These mentors are specifically chosen to support the LMJs in their leadership role and not their judicial role. I encourage judges to consider a mentor from outside of their own jurisdiction, which helps to maintain the separation of the two topic areas. The Programme takes up to four months to complete; however the mentoring element is available to the participants for up to 12 months. In some cases judges maintain the relationship with their mentor beyond the Programme. Other elements of the Programme include a 360 degree feedback process in which judges have the opportunity to gather feedback on their leadership and management skills from those with whom they work. I encourage the LMJs to ask for feedback from both judges and administration staff, and from both senior and junior people, to identify how they are seen by others. The feedback can provide the LMJs with information about how well they are using their leadership skills. They also have the opportunity for coaching, to discuss their feedback with either me or one of my colleagues to consider what they might do as a result of the comments. Judges are now becoming more comfortable with this process and have expressed how useful they find the coaching process. Evaluation of the Programme I do not use a Level 1 (Kirkpatrick 1994) feedback form for this programme; however I am much more interested in the participants learning and the transfer of their learning. Evaluation of their learning and application of their leadership skills is done in three ways. At the end of each Workshop participants are asked to identify what they have learned and how they will apply their learning in their own jurisdiction. At the beginning of each subsequent Workshop participants share their lessons learned from putting their leadership learning into practice. Following the final Workshop participants are asked to provide a short report of their learning and application. The information from these conversations and reports are synthesised into a report for the Judicial College and judicial stakeholders. I also plan to conduct interviews with a selection of participants three to four months after completion of the programme to explore how their skills have developed. The outcome of the Programme Since the first run in March 2014 the overall response to the LMD Programme has been very positive. Participants have appreciated having the time to explore their leadership roles and responsibilities in conversation with other judges, for example, To have an entire day exploring our leadership roles and responsibilities in the context of the wider environment was fantastic. In their feedback many of the participants expressed how much they had gained from the Workshops, for example I take the view that you should leave every training course with at least one useful new piece of information or practice for every day that you attend - and I certainly gained that from this course. Thank you. And It re-affirms the fact that we have a leadership role. Suddenly you realise the job is important and significantly it is recognised as such The Programme has also received acclaim internationally and was accorded a promising practice by the European Commission s Survey of Judicial Training in 2014, shortly after it was launched. Since then I have been invited to speak at the EJTN Conference on Leadership in July 2015, to explore what we do and how we do it. Next steps in Leadership development As a follow up to the three LMD Modules a new Workshop has been designed which we have called the One Year On Workshop. This Workshop ran for the first time in December 2015, and provides further opportunities for reflection, sharing of leadership and management experiences and further learning, one year on. The participants really appreciated the opportunity to reunite and to share their experiences and learning. E - 4

5 For those judges who already have experience and expertise in their roles as leaders and managers, as well as those who have completed the Programme, the Judicial College has also developed a series of short Master-classes on key topics, such as Leading and Managing Change and Managing Stress and Developing Resilience. These Master-classes were delivered for the first time in the autumn of 2015 and have been well received. They are designed on the same lines as the Leadership Programme, in which participants learn from each other, as well as input from senior judges and leading academics. And finally Having got this far in our judicial leadership and management development story, I am also keen to learn from other institutes and how they have implemented such training. After all, in learning and development there should not be a happy ending, but always a series of new beginnings. References: Adair, J. E. (1973) Action Centred Leadership, McGraw- Hill. Bass, B.M. and Riggio, R. E. (2005) Transformational Leadership, Psychology Press. Drucker, P. (1973) Management: Tasks, Responsibilities and Actions, New York: Harper & Row. Fielder, F. E. (1964) A theory of leadership effectiveness, New York: McGraw-Hill. Greenleaf, R. K. (1998) The Power of Servant Leadership, Berrett-Koehler Publishers. Kirkpatrick, D.L., & Kirkpatrick, J.D. (1994). Evaluating Training Programs, Berrett-Koehler Publishers. Kotter, J. (1996) Leading Change: The 8-Step Process, Harvard Business School Press. Miller, D., Catt, S. & Carlson, J. (1996) Fundamentals of Management: A framework for excellence, Dame Publishing. Parker-Follett, M. (1926) The Giving of Orders, Scientific foundations of business administration (1926): Schieber, P. (1987) The Wit and Wisdom of Grace Hopper, The OCLC Newsletter, March/April, 1987, No Annex 1: The Judicial Skills & Abilities Framework Background As stated by the Senior Presiding Judge and the Senior President of Tribunals in 2014 the Judicial Skills and Abilities Framework brings together all the work undertaken in recent years to identify and describe the skills and abilities required by judicial office-holders (both judges and tribunal members) in courts and tribunals including those in leadership and management roles. Since April 2015, this framework has replaced existing competence frameworks for appraisal schemes and training purposes. Bringing together a single set of skills and abilities provides a clear set of expectations common to all jurisdictions against which judicial office-holders will be selected, trained, encouraged and appraised. Such a single standard is a great asset in taking forward the flexible deployment provisions of the Crime and Courts Ac. Individual judicial office-holders can also use the Framework to identify their strengths, assess their personal development needs and consider their career aspirations against the clear statements of expectations. What is the Judicial Skills and Abilities Framework? The framework describes the skills and abilities required by judicial office-holders and those in judicial leadership and management roles. How do I use the framework? The left hand column shows the statements that apply to all judicial office-holders. Next to this are the elements that define the statements. Each element does not need to be demonstrated for the overarching statement to be fulfilled. The right hand column shows the extra statements which apply to those in judicial leadership and management roles. Next to this are the supporting elements that define the statements. Level 1 is designed to apply to senior leadership and management roles (e.g. Presiding Judges, Family Division Liaison Judges, Chancery Supervising Judges, Chamber Presidents and similar roles). Level 2 is designed to apply to all other leadership and management roles (e.g. Resident Judges, E - 5

6 The Framework Designated Family Judges, Designated Civil Judges, Presidents of the Regional Tribunal Judges and similar roles). However it is expected that the statement will be used flexibly, in recognition of the fluidity of judicial leadership and management roles. Skills & Abilities Elements Leadership & Management Elements Leadership & Management Skills Assimilating and Clarifying Information: Quickly assimilates information to identify essential issues, develops a clear understanding and clarifies uncertainty through eliciting and exploring information. Possesses the ability to quickly absorb, recall and analyse information, facts and legal argument. Identifies and focuses on the real issues; is not lost in irrelevant detail. Properly applies appropriate legal rules and principles to the relevant facts. Is able to weigh evidence in order to decide the facts of a case. Level 1 - Establishes, and communicates the evolving strategic direction in their jurisdiction, chamber or region. Level 2 - Communicates priorities and leads their court/ tribunal through personal example. Leading the way Working with Others: Conducts proceedings appropriately, values diversity and shows empathy and sensitivity in building relationships. Manages hearings through fair and objective direction and intervention. Has an awareness of the diversity of the communities which the courts and tribunals serve. Works constructively with others to encourage cooperation and collaboration when needed. Treats people with respect, sensitivity and in a fair manner without discrimination; ensuring the requirements of those with differing needs are properly met. Maintains effective relationships, demonstrating the appropriate balance between formality and informality in hearings and with all contacts. Is able to recognise and deal appropriately with actual or potential conflicts of interest. Level 1 - Acts as the judicial figurehead and builds effective relationships with the centre, agencies and key policy areas across their jurisdiction/ chamber or region. Level 2 - Uses an inclusive approach to develop and maintain the reputation of the court/tribunal within the community. Working with others Exercising Judgement: Demonstrates integrity and applies independence of mind to make incisive, fair and legally sound decisions. Makes timely and appropriate decisions. Exercises sound judgement and common sense. Reaches clear, reasoned decisions objectively, based on relevant law and findings of fact. Demonstrates integrity and independence of mind. Does not exercise bias or prejudice. Level 1 - Works to improve judicial performance across the wider justice system and within the region to ensure it can meet existing and future needs. Level 2 - Provides support to maintain and improve the performance of the judiciary and the court/tribunal to meet existing and future needs. Supporting and encouraging performance E - 6

7 Skills & Abilities Elements Leadership & Management Elements Leadership & Management Skills Possessing and Building Knowledge: Possesses a detailed knowledge of a relevant jurisdiction, law and practice and demonstrates an ability and willingness to learn and develop professionally Possesses a high level of expertise in chosen area or profession. Possesses an appropriate and up to date knowledge of the relevant law and its underlying principles and procedure. Shows an ability and willingness to learn and develop. Level 1 - Keeps approaches and knowledge up to date to meet evolving requirements within the jurisdiction, chamber or region. Level 2 - Encourages learning, keeps knowledge up to date and communicates developments within the court/tribunal. Building knowledge and learning Managing Work Efficiently: Works effectively and plans to make the best use of resources available. Runs trials/hearings effectively to facilitate a fair and efficient conclusion. Prioritises effectively and minimises delays and irrelevancies. Shows ability to work at speed and under pressure. Deals effectively with case management. Undertakes necessary preparatory work. Level 1 - Maintains and improves efficiency within the jurisdiction/chamber or region. Level 2 - Takes personal accountability for the efficient and effective use of judicial and court/tribunal time and resources. Delivering an efficient judicial system Communicating Effectively: Demonstrates good oral and written communication skills and authority Establishes authority and inspires respect and confidence. Remains calm and authoritative even when challenged. Explains relevant legal or procedural information in language that is succinct, clear and readily understood by all. Asks clear, concise, relevant and understandable questions. Willing to listen with patience and courtesy Level 1 - Drives change across their Jurisdiction, chamber or region. Level 2 - Supports and delivers change within the court/tribunal centre. Facilitating change E - 7