Friday, 7 February 2014

Latest From Napo 11

Following on from the long-awaited blog from the General Secretary Ian Lawrence, here's that e-mail commented on yesterday and sent to all members:-


Dear All

In so far as one can ever tell “how the land lies” in the world of Transforming Rehabilitation, here’s how it appears at present*

The Costs are Getting Out of Control
The Secretary of State has said there will be no reduction in the overall probation budget and that the savings made from competition will free up money for supervising short sentence prisoners.  The economic model is essentially as follows:  if probation costs £100 and you tender it out for £80, you have £20 left to supervise the under 12 months cohort.  Hurrah!  More for less.  The problem is that TR is creating so much fragmentation that the bureaucratic glue needed to hold it together has already raised the costs to over the original £100.  The only way to achieve the same savings are to reduce staff, go for a cheaper bidder, or skimp on service delivery.  Whatever way you look at it, the government is wasting time and resources and diverting money away from service delivery.

Staff Shortages and Training
As a result of the staff sift, many trusts are finding that CRCs, NPS and different geographical areas are seriously over or understaffed.  After the first of June 2014, one of the new organisations will be short of just over 280 staff members.  Probation is struggling to recruit and retain staff because of the incompetence and interference of NOMS and the MoJ.  The NPS will need 300 Probation Officers joining every year just to stand still.  There is still no sufficient plan about training coming from the government.  Where will the new recruits come from?  The temp agencies are coming up blank.  Probation Officer training is becoming so narrowly focused on a tiny band of graduates that the talent pool will practically shrink itself out of existence.    

Workloads
Our fear is that the chaos injected into an already difficult job will lead to the NPS and CRC to haemorrhage staff.  In the NPS, caseloads of victims, high risk cases, sex offender programmes will all balloon if staff numbers start to dwindle.  Remember that the NPS will be unattractive to staff in CRCs as they lose continuity.  In the CRC, community payback is at risk of following the disaster of Serco in London.  Case managers and programme tutors will have higher numbers of cases/groups and PSO grades risk being pressured into holding higher risk cases than reflected in either their training or pay.  PO grades may lose access to high risk training.  Managers and administrators in both organisations will have more staff to manage or administrate for.  ACOs (or equivalent grades) will have to be in about 4 places at once and everybody, literally everybody, will be cursing the new, and completely unnecessary, bureaucracy and duplication of work. 

The Potential Bidders
In a nutshell, the bidders are asking: “What exactly are we buying, what is the cost, can I profit and will it all be ready?”  The MoJ still cannot produce an answer.  Senior managers in CRCs are being asked to prepare a “prospectus” for the bidders but their questions are not being answered either.  We’re asking the same questions too and as yet have not received an adequate response.  The list of bidders is a fairly mixed bag.  Some bidding organisations like Carillion have been involved in the blacklisting of trade unionists.  GEO have been found to keep prisoners in insanitary conditions in the US.  Yet the Secretary of State says he is ‘excited’ by the list of bidders. 

Supervision of Short Term Prisoners
Jeremy Wright MP is fond of saying, “you may not agree with our method [privatisation] but we all want to supervise the under 12 months.”  We have to admit this is something of a government trump card.  But it’s the only one left.  Remember when George Osborne said that Probation had failed therefore it had to be privatised?  That argument shrivelled in the face of the evidence and the government changed its tune.   What the government does not say is that Probation already had great success with this group as non-statutory IOM cases and with other projects with EU funding.  Mr Wright was never interested in a public sector model of supervision for this group.  However, Napo and the Probation Chiefs Association have jointly commissioned research which will provide an alternative model to supervise the under 12 months led by the public sector in partnership with other providers.  With an alternative, we think there is a stronger anti-privatisation route for parliamentarians.  The research project is due to be completed later this month.

The Probation Institute
At the National Executive Committee yesterday, there was an overwhelming vote in favour of Napo formalising its position as one of the founder members of the Institute including taking up one of the interim director posts.  The Institute (despite being announced repeatedly by MoJ officials) is entirely independent and will bring together the best from practice and academia as a way of developing our profession and safeguarding standards.  Check out the article in Napo News Online and the Probation Institute website.

Best wishes,

TOM RENDON                   IAN LAWRENCE
National Chair                   General Secretary

*as with anything TR related, it could all change again tomorrow.

Maybe they are at last realising down at Chivalry Road that the troops need very regular updates, especially in the face of so much disquiet and with a Special General Meeting looming on March 5th and the need to ensure quoracy. I'm not alone in being concerned at the content and message though as neatly summed up by this yesterday:-

I see no encouragement at all. All Napo is saying is that it's an omnishambles - but this blog has already said that 34 times.

Meanwhile, this is the MoJ professional spin doctor's at work, cunningly designed to make everyone think it's all going just swimmingly and potential bidders have no concerns at all:-

The competition winners will provide targeted support to offenders across England and Wales. They will also help lead a new approach that will see, for the first time, every offender released from prison receive at least 12 months supervision and rehabilitation in the community to help them turn their backs on crime.
This will be crucial in tackling our stubbornly high reoffending rates that currently see more than half a million crimes committed each year by those who have broken the law before.
Justice Secretary Chris Grayling said:
“We are finally addressing the glaring gap that sees 50,000 short sentenced prisoners released every year with no support, free to go back to their criminal ways.
“By bringing together the skills of a much wider range of organisations - who can make greater use of methods like mentoring to turn offenders’ lives around - we can at long last begin to crack our sky high reoffending rates.
“This unacceptable problem has dogged successive governments for decades and our plans will finally allow us to tackle it.”
An updated operating model for the reforms will also be published shortly explaining how the new system will work on the ground. It will include more detail on how:
  • providers will start working with all prisoners on reception into custody to address their needs and set out a clear plan for resettlement into the community
  • providers will be expected to work closely with a wide range of partners to crack reoffending, including the police, local authorities, the Youth Justice Board and Youth Offending Teams, and how Police and Crime Commissioners in particular will be able to commission services such as Restorative Justice from providers
  • the system will be governed, including role of the probation and prisons inspectorates and the Prisons and Probation Ombudsman in driving up standards and holding the system to account; and
  • providers will be required to offer targeted support to meet the specific needs of female offenders.
Thirty bidders are currently competing for the work to rehabilitate low and medium risk offenders. The bids are from a diverse mix of partnerships with around 50 organisations represented. Private firms, charities experienced in tackling a range of issues affecting offenders, small and large British businesses and experienced multinationals have joined together to bid for the work that will help turn offenders’ lives around.
All bidders have received detailed information on the competition process, how their bids will be scored and what they will need to demonstrate to win the contracts.
A revised payment method has also been given to providers setting out the reductions in reoffending they will be required to achieve in order to be paid in full. This will focus them solely on turning offenders’ lives around and ensure hardworking taxpayers get maximum value for money.
The Justice Secretary has also today awarded a grant of almost £200,000 to the charity Clinks so they can provide legal support to voluntary organisations who are planning to play a role in the reforms. It is the final part of a voluntary sector support package from the Ministry of Justice worth half a million pounds.

40 comments:

  1. "providers will start working with all prisoners on reception into custody to address their needs and set out a clear plan for resettlement into the community" how and when?

    Also this whole thing is so stupid, no body at the probation has any idea yet of how this thing will work or not. Staff are leaving. Its such a dangerous mess.

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  2. Every where you look the wheels are falling off Grayling new world of rehabilitation. I guess it's just a consequence of thinking with your 'gut' instead of your head.

    http://www.theguardian.com/society/2014/feb/06/inquiry-youth-justice-deaths-prison

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    1. An independent inquiry into deaths in prison of 18- to 24-year-olds in England and Wales is to be established, the justice secretary, Chris Grayling, has announced.

      The inquiry will be headed by a Labour peer, Lord Harris of Haringey, and follows the deaths of 163 children and young people in prison over the past 10 years, many of whom were on "suicide watch" at the time.

      There have already been three self-inflicted deaths involving children and young people under 24 in prison this year.

      The review will focus on how to reduce the number of self-inflicted deaths. Over the past 10 years, 48 people aged 18 to 24 have died in this way, of whom the vast majority – 38 – died while being held in adult prisons.

      Grayling has also put on ice until the general election plans to close seven young offender institutions dedicated to holding 18- to 24-year-olds. Ministers will now await the outcome of the Harris review before deciding to move young offenders into mainstream adult prisons. The proposal has been opposed by the Youth Justice Board.

      The Harris review will not cover the deaths of children under 18. Grayling said the Youth Justice Board would publish a report shortly on the lessons to be learned from deaths in child jails.

      Harris heads the independent advisory panel on deaths in custody, which already investigates individual deaths. Grayling said that although the Harris review would focus on 18- to 24-year-olds, it would identify lessons that would benefit any age group.

      Deborah Coles, co-director of Inquest, said it welcomed the government's belated recognition that there was a need for independent scrutiny of the deaths of 18- to 24-year-olds in prison.

      "However it is shameful that the deaths of children under the age of 18 are excluded from this review given that some of the most compelling evidence about systemic failings is raised by these cases," she said. "The narrow remit of the review is also a cause for concern – the journey into custody is as relevant to the deaths of these young people as what happens to them inside prison walls. A review is the only way to examine the reasons young people end up in the criminal justice system in the first place as it is beyond the remit of the investigation and inquest process."

      She added that Inquest would raise its concerns over "this missed opportunity" for a wide-ranging review with the effective involvement of families with the prisons minister next week.

      The announcement of an independent review follows a refusal by the prisons minister, Jeremy Wright, in May last year. There have been 12 self-inflicted deaths since that decision, which is the subject of a judicial review challenge by the mother of a 19-year-old found hanging in a young offender institution.

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  3. Grayling doesn't care about rehabilitation. He's of the Warden Norton school of criminology: the only way to spend money in prisons are more guards, more guns, more bars. Maybe not the guns bit, but that's probably not for want of trying.

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  4. Is anyone else getting a bit sick of NAPO moaning whilst at the same time doing virtually everything they've asked. Give them a professional institution to work with and suddenly all is forgiven. They've been protecting their own jobs, same as most of us.

    And the elephant in the room is exactly that. All this outrage, all this disbelief, over what Grayling has done is founded on 2 things, fear over our jobs (understandable) and loss of status (disgusting).

    And the actual elephant is that POs are not in the same professional class as our brethren in Social Work. They change lives. We do not.

    When was the last time anyone really made a difference - I know this will result in outrage but I was at a meeting yesterday chaired by an ACE and she asked the question when we discussing effectiveness; Would you allow a treated sex offender to babysit your children or an offender who has been through the full DV programme to marry your daughter. The silence was uncomfortable. The only thing we do well is punish (CP is our stand out service and anyone can do it really) and control (which the police could do just as well and with more authority and discipline. Thats the reality, our falling crime rates are in line with national rates so claiming this is not really winning any arguments in the ministry.

    Grayling has been clever, by making everyone scared for their jobs he has been able to do what he wants. Next will be the budget cuts in the NPS as they move to the 20/80 split already mentioned, MAPPA1's will move to the CRCs and the CRCs will be sold off to the cheapest bidder.

    Time to move to Scotland where they gave the government the big fat one.

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    1. What an utterly bizarre and astonishing perspective to take on effectiveness! Would you let... ? I have seen 'a difference' made on a daily basis over the last 25 years. Turn this crass argument on its head. If your daughter's husband was abusive but she wanted to stay with him, would you prefer he had a Probation Officer, that your daughter had a WSW and that a decent professional programme of intervention was in place? Or would you prefer that the guy reported to an ATM? That ACE is a disgrace and should be stripped of their post and, if the room was full of trained POs, they should consider re-training. Appalling.

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    2. If you really believe we don't make a difference then I feel for you. It must be hard to do your job if you think that way.

      I for one know we make a difference and I have always known, whether working as a PSO in a programmes team or as a PO in IOM, the work we do is important.

      Most of us have enough qualifications and experience to move on if we truly believed this was not the case, and I think most of us would.

      Perhaps if it comes to it, most of us will.

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    3. Reply to Anonymous (08:38). No outrage here, just bewilderment. What a disappointing meeting that must have been. How did such groupthink evolve? Answers: on the sex offender babysitting – of course the answer is No. It's a silly question, a category mistake, like what colour is Friday. Knowledge and experience informs us that with sex offenders, the key factor is control, external and internal, and the avoidance of risk situations. It's long been accepted there is no cure. Just like there is no cure for addictions – it's about not doing it. On the domestic violence issue, why not approve marriage? We are talking here about learned behaviour. Individuals are quite capable of changing their behaviour, learning from mistakes. I wonder if anyone in your meeting has ever changed their behaviours, or do they behave now as they did ten years ago?

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  5. Time for napo and unison to negotiate redundancy for those of us who want out ASAP please. My integrity and health can't take much more of this crap.

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    1. I think voluntary redundancy is going to be a considerable issue.
      With so many people looking for an exit from this TR nightmare the critera for redundancy may be very narrow and limited indeed.

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  6. The risk-averse culture, never be hopeful or optimistic about high risk cases, has created the situation where we can't believe in change and end up simply controlling and monitoring people. No one wants to put their name to an assessment that could go wrong. Hundreds of ex-offenders, including sex offenders, turn their lives around every year. Sometimes with our help, sometimes despite what we do.

    Dealing with historic offences is a pointer here, treating an elderly man as present danger (MAPPA 2, bells and whistles licence, AP) on the basis of offences 20 years ago with no evidence of anything in the intervening time often seems strange to me.

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    1. I am tired how the govts plans have resulted in POs turning on each other and the work we do. I work predominantly with higher risk cases and work with a number of men who sexually offend. I work closely with Police and MAPPA colleagues. It was no surprise to end up in the NPS then. However, I do tireless week in week out, long work with my clients looking at how they ended up offending and I watch again and again as many become more articulate, more thoughtful individuals who are genuinely (like the rest of us human beings!!) trying to build a better life. I also have the same conversations with Police colleagues who are happy to hear someone in changing. Some areas, some trusts need to restore a bit of a positive working mentality - but it starts with us. I do believe that's one aspect of what we should bring to the 'system'. A human face (on both sides of the desk), telling a human story (even when it has gone horribly wrong and could again) and trying to aspire to change (which is always possible). I don't feel burnt out by the work I do, It inspires me and my clients inspire me whatever 'risk category' they are.

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    2. You infer a certain inevitability about where you would end up because of the work you do. Well the thread in these blogs is irrespective of work you do it was a bit of a lottery which has characterized the whole process a sham. Need to wake up and smell the coffee

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  7. http://www.publicfinance.co.uk/news/2014/02/moj-moves-closer-to-payment-by-results-contracts/

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  8. The Ministry of Justice has begun formal contract talks with potential private and third sector providers of rehabilitation services as it prepares to introduce payment-by-result contracts to cut reoffending rates.

    Justice Secretary Chris Grayling announced today that discussions had begun with the 30 bidders for contracts, which will be awarded on a regional basis.

    Under the government’s reforms, every offender released from prison receives at least 12 months supervision and rehabilitation in the community in a bid to stop them returning to crime as part of a nationwide resettlement service.

    Providers of this service will be paid based on their ability to stop former prisoners reoffending, and will work closely with a wide range of partners to do so, including the police, local authorities, the Youth Justice Board and Youth Offending Teams.

    The use of payment-by-results deals in the sector has been criticised since it was first announced by Grayling in October 2012. However, he said today the reform would address the ‘glaring gap’ in provision that means 50,000 short sentenced prisoners are released every year with no support.

    Action was needed to tackle ‘stubbornly high reoffending rates’, he added. ‘By bringing together the skills of a much wider range of organisations – who can make greater use of methods like mentoring to turn offenders’ lives around – we can at long last begin to crack our sky-high reoffending rates.

    'This unacceptable problem has dogged successive governments for decades and our plans will finally allow us to tackle it.’

    Successful bidders will be given detailed targets setting out the reductions in reoffending they will be required to achieve in order to be paid in full, the MoJ said.

    An updated operating model for the reforms will also be published shortly explaining how the new system will work on the ground, including the number of regions and contracts, as well as how providers will be inspected.

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  9. Hello. Simon Garden here. Just thought you and your readers might be interested to note that EVERY posting I've made on the NAPO discussion forums has been deleted. It would seem that raising concerns about the failings of NAPOs leaders is not allowed, and that every word I wrote has been deemed to constitute 'a personal attack'. Fail your members? Not a problem. Object to that - not allowed....

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    1. I cannot get my head around this at the moment. I can see how sometimes a posting can be questioned in relation to guidelines, but to retrospectively delete all your postings is a vengeful reaction. I don't see how Napo can boast of being member-led with an apparently envied internal democracy, and square this with an authoritarianism that kills dissenting voices? They should reinstate all your postings.

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    2. No Simon it seems you definately cannot raise concerns and discussion about NAPO'S leaders!!! As Tony Benn once said, noone in power likes democracy!!!

      I notice that the GS tweeted the following:

      "Indicative Ballot now launched; tell 'Failing Grayling' he's got it all wrong! NAPO needs you to vote!"

      Is that not a bit of a personal attack? "Failing Grayling".

      At a time when members are getting distressed and frustrated it seems only positive views are to be tolerated and dissenting voices deleted.

      Jim Brown, happen you should be warned, or you may end up being deleted -

      "There's no doubt in my mind that unease and unrest are widespread within probation at the present time, and it's increasing. There are growing signs of anger and irritation with the Napo leadership, particularly with the General Secretary Ian Lawrence and his seeming inability to find time to communicate with the membership via the medium of the internet.

      The Forum pages that have been mostly ignored over the last few months have recently shown signs of coming to life with critical questioning of the union's handling of things, together with exasperation at the lack of information and guidance from HQ. I've said before and I say again, I find it astonishing that in an age when the computer and internet give so much power to communicate quickly and efficiently, Napo have singularly failed to use the medium more effectively.

      In many respects this blog only enjoys the success it does because it fills the vacuum that so obviously has been allowed to develop. Yes of course everyone's busy and there's a lot going on. Branch officials are working their socks off and to my knowledge no one is criticising them. But this is a crisis of great significance to thousands of people and they need very regular amounts of information, reassurance and guidance and they are not getting it at the moment."

      I've not always agreed with Netnipper, but I've never wanted to delete his postings, and I do agree with him that they should reinstate all your postings.


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    3. I'm astounded by this. Simon's postings raised legitimate concerns that are shared by myself and the vast majority of probation staff I am in contact with. It's a spectacularly bad decision by the powers that be and just leaves me shaking my head in despair

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    4. Also, it isnt just Simon's postings that have been removed but the comments that flowed in response to his. So effectively, the respondees have also been silenced.
      Deb

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    5. Hi. Simon again.Thanks for the Supportive words. I was just about to make the same point that Deb has just made. looking earlier i'd thought it was solely the things I'd written personally that had been removed. This was alarming enough, but I see now that entire threads have gone, and with them all of the debate and the discussion that followed. This discussion and debate was of course the whole point of my making the posts in the first place, and disturbingly it would seem that stifling discussion and debate is the real point in deleting not only every word I wrote but also the words of every member who contributed to the threads. Why not join in the threads - engage with members and address the issues raised? Allay fears? Offer reassurance? Prove me wrong? I'd be delighted to be proved wrong... but no. Just silenced. Not just me but all the members who wanted to consider these vital issues. It's an action that speaks eloquently to the outlook of our union leaders, and thanks to them the state of our union far more than anything posted by me. I wonder if the contributors to the threads have all been blocked from posting as I have too?

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    6. Napo have really shot themselves in the foot this time. Simon's questions were legitimate challenges, not personal attacks. It makes me wonder how long our union higher echelons would last in field teams when challenged by an unhappy client. I was going to attend the AGM in Birmingham at considerable inconvenience. Not any more. I feel let down and terribly disappointed by a union I used to love. The news about the employment tribunal was bad enough, this censoring has put the top hat on it. Goodbye Napo, goodbye Probation. I'm off.

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    7. I am stunned. Some threads have been deleted in their entirety and others "moderated, to the point where they now make no sense. Not sure what to think now. I had retained some hope in Napo. That has just been lost :(

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    8. Napo's actions are truly pathetic. To be honest I'm still in a state of disbelief over what amounts as pure unadulterated censorship. It's bad enough having had to view napo's struggle to launch any semblance of resistance to TR but this is just plain wrong. Right now I'm ashamed to be a member of napo.

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  10. The bidders ask what they are actually buying and what opportunities there are for profit. The MoJ are trying to provide clarity, however this clarity is only skin deep. This will particularly apply to sites where the NPS and the CRC share a building.

    I can foresee many local, informal, undocumented agreements being necessary in order to keep the ship afloat. Senior managers on both sides will be blissfully unaware of the resources continually being shifted to and fro across the permeable border between the NPS and the CRC. There will be a lot of bartering, for example “the NPS can have a CRC parking space all week if one of their AAs can cover the (CRC) receptionist’s lunch break all week”.

    The trivia will end up taking up a lot of time, just imagine the squabbles there will be over who pays £15 to replace the broken kettle.

    The CRCs and NPS will gain more clarity by locating to exclusive premises, but they will lose economy of scale and resilience of staff cover.

    I am sure the major national bidders don't really know what they will be taking on. While they think they know what they are agreeing to, they don't know what will actually happen in practice. And they will not know what they have committed themselves to until it is too late.

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    1. In our office we are marking the boundary with post-it notes and will be using currency of extra large rubber bands and jumbo wavy paper clips to buy favours ; )

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  11. Battle lines are drawn. Whether its post-it notes, deleted posts or invitations to ministers to visit local projects and approved premises by Trust management, we now know where we stand. Abandoned by our union, estranged from our colleagues and betrayed by our employers.

    It isn't Syria, it isn't Ukraine, it isn't Sochi, it isn't Sarajevo - but its pretty fuckin disappointing.

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    1. I can confirm that battle lines are being drawn in most offices in Teesside. Whoever takes over, including ARC, better get used to thr idea that there are going to be a LOT of staff in a LOT of offices doing their best to make sure that this whole thing fails and people are left with egg on their faces and their reputations intatters!!!

      Do not say that you have not been warned!

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    2. Apologies for the typos. Wine, old eys and iphines do not mix well.

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    3. IPHONES!!

      Damm, I'm off to bed.

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  12. Hope anon who posted powerfully some weeks ago doesn't mind my use of the following. I'm nailing a sign to the back of my chair as of next week. It will read "Gone Fishing". I won't be back for a while. Nor will I be in Birmingham. Or within a substantial radius of any other human being. I need time to think this shit through. As the Cohen brothers are keen to tell us often, there's always new shit that needs to be considered, and things change when new shit turns up.

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  13. Those sneakky buggers at MoJ have sneaked out the "official" news that Serco has been stripped (sorry , thrown in the towel) of the London CP contract early. Why ? I hear you say ,..well it seems they cannot achieve the required savings ....Heather Munro was correct all along but I didn't see the apology from Grayling or Wright who tried to silence her concerns,..and eventually drove her out of a job.
    This was reported on this site before Christmas, so once again Jim , ahead of the "learning curve discount" as we will soon be saying!!

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  14. No company can will achieve the savings. Public servants go the extra mile for no extra pay. Companies do not. Ergo many companies will capitulate and not be paid. They will walk away with their tails between their legs but by then probation will probably be hopelessly and irrevocably damaged and fragmented. So many staff have left already.

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  15. Is this Grayling's future vision?

    http://www.thenation.com/blog/178271/skip-meals-or-go-jail-how-profit-probation-industry-preys-poor%23

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    1. By Steven Hsieh on February 6, 2014: The Nation website.

      A new Human Rights Watch report released Wednesday documents how the growing use of for-profit probation companies traps poor Americans in the criminal justice system—sometimes jailing them—for misdemeanor crimes or even minor traffic violations.

      The report, titled “Profiting From Probation: America’s ‘Offender-Funded’ Probation Industry,” describes a for-profit model that incentivizes probation companies to prey on poor misdemeanor offenders, ensnaring them in debt and threatening imprisonment if financial obligations are not met. As Chris Albom-Lackey, the researcher at Human Rights Watch who authored the report, writes, “In fact, the business of many private probation companies is built largely on the willingness of courts to discriminate against poor offenders who can only afford to pay their fines in installments over time.”

      In one of several cases documented in the report, Georgia resident Thomas Barrett wound up in jail after failing to pay more than a thousand dollars in accumulated probation fees. His original crime: stealing a $2 can of beer. Barrett skipped meals and sold his blood plasma to pay down his debt, but didn’t make enough to keep up with growing costs.

      “Probation is supposed to be a way to keep people out of jail, a way for courts to subject people to monitoring and oversight instead of locking them up,” Albom-Lackey told NBC. “What we see in the context of private probation is the whole thing being turned on its head.”

      The report says tightening budgets have prompted courts and counties to turn to private firms for probation services. Probation companies handle hundreds of thousands of offenders every year at no cost to the governments that hire them. The probationers themselves end up footing the bill, which includes “supervision fees” that become revenue for the companies in charge. This whole system disproportionately impacts poor Americans, who often cannot afford probation fees and face punishment as a result, the report says.

      Here are some of the HRW’s key findings:

      Under the “offender-funded” model, private firms levy fees on poor probationers that are are financially crushing and often times impossible to pay off. On top of exorbitant supervision fees, many offenders must pay for their own electronic monitoring (up to $360 per month) and drug tests (up to $1,250 per year).

      Some courts sentence offenders to probation simply because they cannot afford fines and court costs, a practice called “pay only probation” that Human Rights Watch deems “a legal fiction.” In effect, poorer offenders stay on probation longer and end up paying significantly more, due to supervision fees levied by private firms.

      Private probation officers routinely use “abusive” tactics to collect debts from offenders. These range from coercive demands (“I hope you have all my money today”) to threats of imprisonment.

      Though the US Supreme Court ruled it unconstitutional to incarcerate probationers who genuinely cannot afford fines, there is little effort made to understand offenders’ financial situations. The report says many probation revocation hearings last just minutes, and few offenders are offered legal representation.

      There is practically no transparency in the industry. Private probation companies aren’t required to disclose revenues they make from probationers and do not offer that information voluntarily.

      While it’s impossible to get exact figures, HRW used a law unique to Georgia to estimate that private probation companies make roughly $40 million in minimum annual revenues in the state alone.

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    2. There's also another website (npr.org/2014/02/07/273041871/does-probation-for-profit-criminalize-poverty) with a transcript of interview with the report author (Michel Martin interviews CHRIS ALBIN-LACKEY):

      MARTIN: So, Chris, explain to us how this works. As I understand it, we're generally talking about misdemeanor offenses.

      ALBIN-LACKEY: Sure. Well, like you said, these are all misdemeanor offenses. A lot of them are just traffic offenses and other really minor crimes. In a lot of states, state-run probation services have stopped providing supervision in misdemeanor cases, and they're basically telling counties and municipalities to figure out how to deal with it themselves. And where the for-profit probation companies come in is they approach these counties and towns and they say to them, essentially, look, we'll do this for you, and we won't charge you a penny of taxpayer money. Instead, we'll supervise your probationers. We'll collect outstanding debts from people with traffic tickets and things like that.

      And you include, as a part of people's sentences, a requirement that they pay us supervision fees, and in some cases, other kinds fees as well. And those supervision fees then become a part of what people owe. And the problem is that the longer it takes people to pay off their debt to the court, the longer they're on probation with these companies, the more debt they accumulate over time, and people can get locked up even when they've actually paid money in excess of what they were originally sentenced to in the first place, if they haven't paid everything that they owe these companies.

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    3. From the report itself (http://www.hrw.org/reports/2014/02/05/profiting-probation):

      "Arguments persist as to whether the outsourcing of probation services is proper or wise from a policy standpoint. Whatever one’s views on privatization per se, however, it is important to understand that many probation companies are not exclusively or even primarily selling probation supervision services in the traditional sense—that is, supervised release as a substitute for prison time. What many of them are really selling—and what many courts are really in the market for—is a particularly robust form of debt collection that can be billed to the debtors themselves."

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    4. That article links to a USA Radio discussion on NPR - National Public Radio - I'm listening now - about 12 minutes explains how private probation works in USA and I presume where Grayling's people want it to go in UK, apart from for serious offences that involve violence and sexual behaviour - the CJ system is different in US with Probation - it seems not so much involved with reform but with monitoring - what an interviewee calls 'the bottom rung' of crime - the sort of staff that were termed misdemeanors.

      Listen here: - I needed to copy and paste to make it work.

      http://www.npr.org/player/v2/mediaPlayer.html?action=1&t=1&islist=false&id=273041871&m=273041872

      What is going on there seems similar to the idea that criminals in future are charged their court costs even if they are sent to prison - I have not thought through the whole consequences of that which other posters were suggesting would result in folk leaving prison with £46 and a loan debt - put me in mind of students paying for their university course years later.

      Andrew Hatton

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    5. I wonder if Grayling bringing this up now is him and his acolytes rushing to get as much done before a general election, towards dismantling the State system of Criminal Justice (England and Wales only - where we do not have a unique parliament for the Justice system - which gets voted about by parliamentarians from the whole of the UK)

      Or as a distraction - or both - what do you think?

      Andrew Hatton

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  16. I am not easily shocked, but the stuff re USA probation services is nightmarish. All the more, as I see the role of CRC's descending into the very same profit driven monitoring schemes. I am aware there is very little accurate information out there, but in discussion the other day someone said ALL mappa cases will stay with NPS irrespective of risk levels. As a NPS bod, I reflected upon this, as in recent years, those meeting criteria for Mappa screening and therefore, L1 has increased. Gone is the notion that Mappa should concentrate on the critical few...the 'Mappa eligible offences' has grown and sentences such as 52+ weeks imp - which has been suspended for a violent offence, automatically becomes screenable. I was thinking low/med risk Mappa L1's would be with PO's in the CRC's, including mandatory lifers' whose risk after years in the community is no more than low, but maybe not.

    It is truly a terrible thing that is taking place. Colleagues in my team are being reassigned against their wishes, and tensions are erupting all over the place. Nonetheless, I refuse to be browbeat or shackled by this mess.

    Thanks to all JB's posts and contributors, for keeping the momentum up and supporting me and no doubt countless others, not to lose sight of what is really important.

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