Omnishambles Update 34

At long last we get a blog post from Ian Lawrence, but I doubt it's sufficient to calm nerves and satisfy those vociferous Napo members who at long last are turning up on the Forum pages and voicing concerns about lack of action:-

Members to lead the way Firstly apologies for the unusual delay since my last blog post, partly due to a technical error at my end. Anyway normal service is now resumed and, together with the other regular communications issued to members provides further proof if it were needed that nobody at Chivalry Road is running out of steam.  The National Executive met yesterday to receive updates on a whole host of campaign and negotiating issues and to endorse the steps that the Officers are taking to invite members to consider some crucial constitutional proposals at a Special General Meeting to be held in Birmingham on 5th March. This will allow Napo members to make key decisions to ensure that we continue to have a strong national leadership structure in place and help us create the environment that will mean we have teams of branch reps in place within the NPS and CRC's so that we hit the floor running in terms of continuing to promote and protect your interests. There are options on the table and while the NEC will be suggesting a preferred route forwards we will need our members to turn out and give us the member led direction that you are renowned for and which make us the envy of other unions in terms of internal democracy.

Anyway, it's better than nothing I suppose and maybe he reads this blog and the Forum pages, but in my view the website still needs evidence of something happening on a daily basis. I guess news of what went on at the NEC will eventually filter out, not least about the none too small matter of the former employee and lessons to be learnt, such as line management, supervision and accountability. This was recently sent to all Napo members:-

Dear Member

As you know, an employment tribunal case was taken out against Napo by a former employee. The respondents were Napo, Tim Wilson (previous Chair) and Jonathan Ledger (previous General Secretary). The claim involved allegations of discrimination on the grounds of race, sex and religion or belief, sexual harassment, victimisation and unfair dismissal. No claims of discrimination on the grounds of religion or belief or sexual harassment were made against Mr Wilson.

The claimant filed a schedule of loss of £1.5 million. The ET found that three allegations of sexual harassment against Mr Ledger were well founded and awarded the claimant £15,000. The other claims were not well founded and dismissed. As the employer at the time, we have issued an apology to the claimant.

Mr Wilson, who had been subject to some abusive and completely unfounded comments in relation to the case, was found to be a credible witness of truth and had no case to answer. There had been a restricted reporting order in place which has now been lifted.

This has been a difficult time for Napo but we are pleased we can now move on from this incident. We take the issue of staff care very seriously and have put measures in place to ensure that our staff are protected from any possibility of sexual harassment in the future.

In its judgement, “The Tribunal did not consider that the repeated suggestion that there was a general discriminatory climate at the union is one which is borne out by the facts. In reality, the opposite appears to be the case. The Tribunal found no substance in generalised allegations of institutional racism or sexism, or that there were campaigns or conspiracies to treat the claimant in a particular way because of her race or sex.”

Best wishes

Tom Rendon          Ian Lawrence
National Chair       General Secretary

According to a tweet from Tom Rendon:-

Napo NEC votes to play full part in Probation Institute- we can now maximize our influence in protecting and developing our profession

It seems to be all systems go in relation to the Probation Institute, despite growing disquiet within the ranks that it's little more than a convenient fig leaf that affords the TR omnishambles some legitimacy. It's a difficult one - is the glass half full or half empty? We know Professor Paul Senior feels the Institute is an important development that will help keep the professional probation flame burning and Frances Crook of the Howard League had this to say about it:-

"We welcome the establishment of the Institute which is supported by a partnership of the Probation Chiefs Association (PCA), Probation Association (PA), Napo and UNISON, working with the Ministry of Justice.

Of particular concern was the proposal to allow not only individual practitioners to join the Institute, but also organisations that provide probation and rehabilitation services. The outcome of Serious Fraud Office investigations aside, these organisations are likely to include powerful corporations such as G4S and Serco. The ability of the Probation Institute to strike off such large companies if they fail to uphold its standards of practice is questionable.

It is also interesting to contrast the proposal from the Ministry of Justice with that of the Home Office which set up the College of Policing. Subject to successful passage of the Anti-social Behaviour, Crime and Policing Bill 2013, the College of Policing will be able to set codes of practice and regulations for policing in England and Wales. This will require Chief Constables and Police and Crime Commissioners to have regard to these codes. By contrast, the Probation Institute will have no statutory footing to give authority to its guidance and standards.

The College of Policing will also host the What Works Centre for Crime Reduction, which will involve collaboration with academics and a university consortium, seeking to develop an evidence-based approach to policing.  As part of this, the College will commission primary research. The Probation Institute on the other hand, will be confined to acting as a knowledge base, promoting research to its members that has been commissioned elsewhere.

Yet as Savas Hadjipavlou, the chief executive of the Probation Chiefs Association who spoke at the Parliamentary meeting, pointed out, the development of professional bodies in other sectors has shown that it takes time for institutions to become fully established. The voluntary nature of the Probation Institute will in theory build its own authority within the profession as it develops.

Perhaps the real regret is that it has taken the Transforming Rehabilitation reforms to see this Institute being set up, with the unavoidable sense that it is an afterthought to the primary goal of privatising the probation service. If the Institute had already been established then it may be that probation would have been better placed to influence the pace and scale of the government’s reforms."

I see Joe Kuipers has shared another missive from the MoJ to all Trusts:-

Commissioning Round from 2014

We are writing to you in light of the decision to continue the current Probation governance arrangements until 31 May 2014. As you know, this is a year of significant change and appropriate continuity of service delivery during the transition is of paramount importance. Our commissioning priority for community providers from April 2014 and throughout the transitional period is still to maintain service delivery as agreed for 2013-14, so far as this is feasible. As such, the service levels outlined in Schedules 2 and 3 of the Probation Trust contracts are to be maintained, with a presumption of targets for April-May 2014 in line with April-May 2013 and any in-year variations that have been agreed. We will issue the necessary contract variation for you to sign in due course. If you have any concerns regarding service delivery from 1 April 2014 please raise these with your Senior Community Manager in the first instance.

During this 2 month period, Trusts will be expected to ensure effective transition of competed services to the new providers and to deliver the additional requirements which the rehabilitation programme is seeking, while also meeting the expectation of maintaining service delivery as agreed for 2013-2014.

From 1 June 2014, a Service Level Agreement will come into effect for the National Probation Service, while the Community Rehabilitation Companies will be subject to an Interim Contract. We will write again in due course explaining the Service Delivery Requirements which both NPS and CRCs will be accountable for delivering.

Meanwhile Chris Grayling continues to burnish his right wing credentials according to the Guardian outlining yet another criminal justice bill:-

The new criminal justice and courts bill, published on Wednesday, contains a range of punitive measures to reform sentencing, create new offences and overhaul the operation of the courts.

The punitive tone of the bill, which has been signed off by the new justice minister and former deputy leader of the Liberal Democrats, Simon Hughes, is demonstrated by its language.

It calls for a "clampdown" on the most serious terrorism offences, a "crackdown" and "tough punishment" for criminals on the run and a "radical overhaul" of cautions. "I think hardworking taxpayers of this country would expect nothing less than tough punishment for offenders who try to beat the system," Hughes said of one of his new measures.

The bill also targets criminals on the run. Prisoners who fail to surrender when recalled for breaching their release licences will face up to a further two years in jail for being "unlawfully at large". About 800 offenders a year could face prosecution under this new offence.

According to the MoJ press release, Grayling intends that released prisoners are aided in their rehabilitation by making sure they leave prison not just with £46 in their pocket, but also a considerable debt by having had to help pay for their court case. An excellent way to make sure the TR omnishambles lives up to its name:-

• deliver a firm but fair package of sentencing and criminal law reforms that properly punish serious and repeat offenders and better protect victims and the public. People who break the law will not escape the law.
• reduce the burden of the cost of courts on hardworking taxpayers by making criminals pay towards the cost of their court cases. We are reforming judicial review to tackle unmeritorious claims and unnecessary delays to the system.
• put education at the heart of youth custody, giving young offenders the tools they need to turn their backs on crime.
• modernise the law to tackle the influence of the internet on trials by jury to ensure defendants receive a fair trial, reflecting how technology and the wealth of information available at the touch of a button has changed the way we live. We are also increasing the upper age limit for jurors from 70-75 and so harness the knowledge and life experiences of a group of people who can offer significant benefits to the court process.

Finally, I'm grateful to a reader for bringing the following advert to my attention for a consultant based in Central London:-

The Opportunity

A leading provider of support services across the UK is seeking a Consultant with a senior background within the Probation Service arena to join their bid team as a Consultant/Advisor, as they progress through the remaining Transforming Rehabilitation bidding stages.

You will be joining a team keen to work in the best interests of public protection, who understand the value of the Probation Service, and are keen to harness your expertise.

The organisation has already advanced through the PQQ stage, and they require additional insight and experience to assist with the final steps of the selection framework, including face-to-face meetings with the MOJ. 

Your Role

The organisation has considerable experience in bidding for, winning and delivering multi-million pound payment-by-results contracts. You will operate as a consultant to the Bid Team and Justice Division. Your advice will help to shape the organisation’s response to key issues surrounding the contracts, covering all stages of the intended service delivery model. Additionally, you will be expected to represent the organisation at external meetings with the Ministry of Justice and other stakeholders.

Your Background

You will have a senior background within the Offender Management field. This will have equipped you with considerable strategic and operational knowledge that you can apply to issues surrounding stakeholder relations and target models. Your knowledge and skill-set will enable the teams to navigate the final MOJ selection stages successfully.

Duration

This is initially a 4-month contract working 5 days per week with the likelihood of extension/becoming permanent. Please apply for full details about this opportunity.

All very sad isn't it?