Thursday 30 October 2014

See You In Court!

The uncertainty and wait is over! This from the BBC website:-
Probation union launches legal challenge over government reforms 
A legal challenge to government plans to privatise some probation services in England and Wales has been launched by the probation officers' union Napo. It says the government's decision to split up services has put probation staff and the public at risk.
It comes after the government announced a list of preferred bidders to buy and run private companies to supervise low and medium risk offenders. Justice Secretary Chris Grayling said changes will help reduce reoffending. "These reforms are all about changing lives. We cannot go on with a situation where thousands of prisoners are released onto the streets every year with no guidance or support, and are simply left to reoffend," Mr Grayling said. "These reforms will transform the way in which we tackle reoffending."
Under the changes, the probation service - which was split in two earlier this year in preparation for the new system - will continue to supervise high risk ex-offenders. The National Probation Service (NPS) will supervise and rehabilitate 31,000 high-risk offenders. New Community Rehabilitation Companies (CRC) will supervise 200,000 low and medium risk offenders, including 45,000 short-sentence prisoners who currently do not receive any probation monitoring.
The contracts are worth around £450m a year over seven years. On Wednesday, ministers named the private firms they expect to take on the running of the 21 CRCs.
However, Napo (National Association of Probation Officers) says the new way of working has already caused problems. It says protection laws stopping private companies accessing personal data mean probation officers working for CRCs have found themselves unable to look at an offender's full criminal history. Napo says it means staff cannot assess individuals safely or make a rational judgement as to their risk to the community. The union now wants courts to decide whether the government's decision to privatise part of the service was reasonable.
Ian Lawrence, general secretary of Napo, said the Ministry of Justice had "refused to listen to our concerns". In a letter to the MoJ - which has been seen by the BBC - the union's lawyers, Slater & Gordon, say a number of "real and immediate" risks have been posed to probation staff, as well as to the public. It calls for the government to make public results of safety tests to ensure CRCs are capable of running the service.
The letter also referenced examples of when members of staff have been put at risk because of the information access problem, and their subsequent lack of knowledge about the background of an offender.
It details: 
  • An occasion when a female probation officer was subjected to inappropriate sexual behaviour from a male offender because she was unaware of his history. She had to be signed off with stress, the letter said
  • An inability by staff to accurately make a judgement call on the suicidal tendencies of an offender, again, because of a lack of information
One probation officer, who spoke to BBC News anonymously, said they had been managing an offender "blind". "I cannot access his case files. He has got a history of previous sexual, violent offences, but I have no way of getting the detail."
"I'm currently looking for new employment. This is not the job I want to do anymore, we are not protecting the public," the officer added.
However Mr Grayling said the reforms would bring together "the best of the public, private and voluntary sectors to battle against reoffending". "I am really pleased that we will be deploying the skills of some of Britain's best rehabilitation charities to help these offenders turn their lives around," he added.

45 comments:

  1. I've just been reading that .. Hurray

    ReplyDelete
  2. Just read these from previous post & thought they deserved reposting. Hope tats ok? And hurrah for JR...

    Anonymous30 October 2014 03:15
    I can't sleep, how dare charities be actively working with large multinationals to destroy such an honourable profession for PROFIT? They are now complicit in the Terms and Conditions of thousands of workers being destroyed and the idea that they will support offenders by delivering ANYTHING meaningful is just ridiculous. As someone posted earlier, if the measurable target is accommodation for an offender upon release, then one nights B and B will be found and that's it, job done. These charities are sitting there watching their little empires grow but I warn them, they will be scrutinised and held accountable. You can't pretend to be the face of honour and altruism and in reality mired in 'filthy lucre'.
    PS thank you Jim for your amazing efforts over the last 24 hours, me thinks things are really starting to unfold to scrutiny now and this is just the place for it!!!

    Reply
    Replies

    Anonymous30 October 2014 06:54
    An excellent point, anon@03:15. I feel some letters coming on:

    Dear UK Charities Commission, UNICEF, Liberty, Amnesty International, etc: are any of the charities who have bought into this TR travesty breaking codes of ethics or practice by cosying up to, selling out to & effectively 'legitimising' the multinationals? These are organisations who breach international laws, who persecute their employees across the world, who commit human rights atrocities, and who create victims through their abusive profit-driven practices. Does this undermine their claim for charitable status? Does the very fact that they are now Business partners in these 'for profit' ventures compromise their status as a charity?

    Dear Monopolies & Mergers - is it possible to investigate the TR process whereby (1) the SoS in effect created a monopoly by being the sole director of 21 CRCs by dint of a political ideology? (2) the SoS created those 21 CRCs out of public sector provision, with public funds and using publicly paid employees? (3) the UK's third sector has been shamelessly & cynically used by multinationals to bid for contracts which will see £Millions of public funds leave the UK into the pockets of overseas profiteers, thereby draining invaluable resources from the tax paying public and the charitable sector?

    ReplyDelete
    Replies
    1. National charities have, in my opinion, lost their moral compass. They think of nothing but the money and do not take into accounts any ethical issues. The charities in partnership with the private sector bidders are nothing but amoral opportunist. However not all charities are like this, the charity I work for withdrew from this shameful process. Good luck with the JR and I hope CG gets another bloody nose.

      Delete
  3. I do wonder whether some of these players should lose their charitable status now they are part of a criminal justice enforcement agency.

    ReplyDelete
  4. Fantastic. Hopefully other media will pick this up and give many more of the endless examples of how dangerous, illogical, unworkeable and exhausting this has become already let alone the nightmare future ahead if this is not halted. And also not simply repeat without critical analysis the same nonsense over and over again which does not bear resemblance to fact, truth or justice.

    ReplyDelete
  5. At last, just a glimmer oh hope ...

    ReplyDelete
  6. These charities have fallen for it again. They are bid candy. Nothing more. Watch them fall.

    ReplyDelete
  7. JR Hurrah !!!
    The only way to beat a bully is to stand up to him,so game on Grayling!

    ReplyDelete
  8. JR good news, time to break down the berlin wall that grayling is trying to build

    ReplyDelete
  9. Fantastic news JR in flight now !!! Come on Unison get in there now and start supporting us as well staff are complaining you have gone very quiet!!!

    ReplyDelete
  10. Well, that has put a spring in my step!good luck to NAPO and the lawyers!

    ReplyDelete
  11. Does anyone know what Unison are doing? I know they have a lot on their hands with NHS issues but a lot of us pay our subs so what are they doing for PROBATION ? GOOD LUCK NAPO

    ReplyDelete
    Replies
    1. To anon 07.51 thanks. I'm in Napo and would be interested to hear whst Unison are doing as well. I looked at Unison Police and Justice motions for the recent AGM last night but couldnt work out what their Probation campaign was. Am sure they could still join legal challenge-Unison members must have loads of exsmples of TR problems too.Strongrr togethrr

      Delete
    2. Unison doing nothing. I had hoped that they would support my claim for unfair dismissal as I was sacked whilst on work related stress due to trebling of workload. They missed a great opportunity to make public how CRC lacks duty of care towards employees and clients alike. Shame on management and unions alike.

      Delete
  12. Serious concerns about charities? 'Being used for personal profit or gain'? Now that these charities have jumped into bed with large multinationals there is a route to complain, or is there? I used to discount the 'conspiracy theorists', however this guidance is on 'www.gov.uk', a lot of public owned companies are becoming a 'gov.uk' company. The documentary this week on 'Baby P: The Untold Story' shows the conspiracy role of the Gov to get a particular result ie the sacking of Sharon Shoesmith and the links with a large children's charity being extracted from critical evidence, the re-writing of the Ofsted Inspection and now the catastrophic break up of a service who in 2011 who won the 'Gold Medal of Excellence Award'. Let's not forget, Probation was the first public service organisation to win this - let us not rest until #Grayling and #Cameron is held totally accountable for this abuse of public funds which amounts to millions to cause the biggest breakup of a public service and fund the silk pockets of the fat cats and secure their own financial future. Whilst a member of #NAPO, I have continued over the last year to be critical of the lack of action to fight this mess and I'm now afraid it is too little too late, In the words of #Harry Fletcher 'Opportunities to take JR may have been missed, that's history'. The one thing we can do is remember in May 2015 when we write 'X' on our voting slip the damage that has been done by #TR.

    https://www.gov.uk/complain-about-charity

    ReplyDelete
  13. See you in court .... Fan bloody tastic! As someone else commented I will be going to work with a spring in my step knowing there is hope after all. Let's face it chris grayling hasn't got a good track record when it comes to justice reviews!

    ReplyDelete
    Replies
    1. We may see you in court, assuming the JR is allowed.

      Delete
  14. Just hope MoJ aren't shredding certain documents as we speak.

    ReplyDelete
  15. http://www.yourlocalguardian.co.uk/news/local/suttonnews/11566299.Prisoners_accused_of_mutiny_felt__banged_up_like_kippers__following_prison_cuts/?ref=twtrec

    The non problems in prison continue as well

    ReplyDelete
    Replies
    1. Eleven men standing trial for mutiny at High Down prison felt "banged-up like kippers" as a result of austerity measures introduced by the Government last year.

      The young men, who were all inmates at the Banstead prison last October, sat together in the dock at Blackfriars Crown Court today, October 29.

      They are charged with taking part in a prison mutiny and causing criminal damage on October 21 and 22 last year.

      They stand accused of "engaging in conduct intended to further a common purpose of overthrowing lawful authority at High Down prison".

      All 11 pleaded not guilty to all of the alleged offences.

      In his opening statement to the jury, Mark Seymour, prosecuting, said a mutiny began at 5.30pm on October 21 last year when a group of prisoners, including the defendants, refused to return to their cells when instructed to do so by a prison officer.

      Mr Seymour said: "Officer Williams said 'they were saying f***off, we want our association, we are not going behind our doors'."

      The court heard how the defendants then moved to the landing above and filed into a cell on that floor, B317, before barricading the door with a bunk bed and other furniture.

      Mr Seymour said: "There was a demand note under the door.

      "It read: 'The reason for these capers is we are not getting enough food, exercise, showers or gym and we want to see the governor lively' and that they were 'not getting any association and banged up like kippers'."

      The jury of five women and seven men heard how the prisoners stayed in the cell for the next seven-and-a-half hours.

      Mr Seymour said: "It was not a peaceful protest in any shape or form.

      "The cell was totally trashed. The furniture in the cell was totally destroyed through to the sink which had been smashed off the wall leaving shards of porcelain everywhere."

      The court was told that the defendants made claims of having a gun, made reference to a hostage being taken and that there were threats of a 'dirty protest'.

      The prisoners were also allegedly setting fire to items inside the cell and washing-up liquid was seeping from underneath the cell door.

      The jury heard how two negotiators were apparently spat on during the incident and that one of the defendants said: "he was pissed-off as they were being treated like animals".

      The barrister added: "He wasn't happy with the lack of showers. He said he had tried to complain but wasn't being listened to and the protest was to get the governor's attention."

      Mr Seymour said that when 40 specialist officers arrived at the cell in riot gear, including a team known as the Tornadoes, at 12.45am, they opened the door and "the prisoners didn't come quietly".

      He told the court: "When officers removed the door to the cell there was an attack on the officers with homemade weapons.

      "They [the defendants] succeeded in secluding and overthrowing lawful authority in the prison at the time."

      The barrister said the prisoners were given the opportunity to surrender on several occasions, but they refused.

      He said the prisoners did not want to speak to the custodial manager, who made contact through the cell's observation hatch, and that she was told: 'We don't want to speak to the monkey, we want to speak to the organ grinder'.

      Mr Seymour said Peter Gafney and Martin Prince, who were considered the group's ringleaders, also made three demands - to see the governor, "to get some burn [cigarettes]" and to go to the gym.

      The barrister said that an authorised phone call made half-an-hour before the incident begun, by Mr Rowe, indicated that the alleged mutiny was pre-planned.

      Delete
    2. "we want to see the governor lively" - was Dick van Dyke one of the prisoners??

      Delete
  16. Excellent news. Let's give Grayling a kicking and other CEO's who supported this something to remember.

    ReplyDelete
  17. I agree with all the other comment about JR - fantastic news.

    Just as an aside, on the day I found out I would be working for Working Links (alleged systematic fraud) and was again thinking about the future and looked on the NPS job site. As at yesterday, there 9 Probation Office jobs advertised on the site - of these, some of the jobs are in multiple locations (so more than one vacancy). One advert for South West and Central states "this/these jobs will be based at various locations throughout the South West and Central regions. Specific details will be discussed at interview stage". There are other areas like this.

    I'm not used to Civil Service internal job adverts, but to discuss with a potential employee the location where they will be based at the interview stage, when it could be across the whole of the South West and Central region appears to be just plain daft. Other adverts give specific LDU locations. To my mind, it wouldn't be so daft if there are a large number of vacancies and NOMs do not want this made public - particularly when the CRCs are likely to be making Band 4 redundant. And still we are prevented from applying for a job we did until June.

    Just to add - several of the advertised jobs are in the Public Protection unit in London. Potentially another example of the dangerous policy taken by Grayling in splitting the service. If you are in the London Public Protection unit - can you share information to NAPO? In my view, we need an insurmountable amount of evidence to really strengthen our hand.

    ReplyDelete
    Replies
    1. CRC staff can apply for these vacancies

      Delete
    2. What's more, all of these adverts say that for a CRC employee these will be secondments by agreement of the CRC.

      Delete
    3. I'm happy to be corrected, but the ad states Civil Service staff available for redeployment, or to Civil Service surplus staff. No mention of staff outside the Civil Service. But, if CRC allocated can apply for the jobs, then my understanding is we lose our continuation of service (but keep T&Cs until share sale).

      Delete
    4. Our CEO sent an email yesterday stating that he would not support any applications for secondment away from the CRC as we don't have enough staff. Yet more of the lies spun by Failing and his crew.

      Delete
    5. The irony is that the new companies will look to maximise profits through, amongst other areas, staff cuts. Seems like current CRC chiefs need to give the illusion that they are passing on a going concern. After all this is what MoJ will have briefed the incumbent firms.

      Delete
    6. In North West we have been told CRC staff can apply;I don't see why it should be different anywhere else and continuity of service carries on for approx 7mths after share sale.Check with your local Union Branch Officers.

      Delete
  18. Have just read IL's latest blog on the NAPO site. Clear and to the point; all I needed to know. At last.
    Deb

    ReplyDelete
    Replies
    1. And on thurday morning, as promised

      Delete
  19. Brill news, hopefully everything dose not have to be purple in Manchester.

    ReplyDelete
  20. so delighted! yesterday was such a sad day, reading all staff comments. May that man be humiliated publicly. Hope the media gives JR major publicity and the scheming Injustice Monster the thrashing he deserves. Well done NAPO - could have been done earlier, but - better late than never. And hanging on until the 11th hour must have given CG a false sense of victory, and less time to design his crooked defence!! Am so pleased for all my colleague friends and for those I will never meet. Stand loud and proud. And as for Jim, and Joanna, you 2 are heroes for never giving up!

    ReplyDelete
    Replies
    1. I don't think anyone gave it, a matter of a difference in opinion over the timing. From what I can see there wouldn't be the evidence for a JR 3 months ago; and surely even the shortest of delays serves is better now it's down to the wire - even a three week delay now will make all the all the difference, it wouldbt have done a few weeks back. Time is precious for Grayling and we've saved our trump card for the seconds before the time runs out. Well done Napo

      Delete
  21. I'm wondering what Grayling will be telling all the prefered bidders thats ringing him up today asking whats going on, because he's obviously assured them that JR could never happen.

    ReplyDelete
    Replies
    1. I would so love to be a fly on that wall

      Delete
  22. A very succinct report on Today Programme 2 hours 41 minutes in.

    Gov use Simon Hughes to defend - he3 is confident but speaks nonsense.

    http://www.bbc.co.uk/programmes/b04mgxt2

    ReplyDelete
  23. Meanwhile Probation Graduate recruits are being given an idealised view of the job of probation officer from what seems like a bit of management spin with the practicalities ignored and all the best bits of the job included.

    https://www.facebook.com/ProbationGraduateDiploma/posts/730717743632233

    ReplyDelete
  24. I think a small dose of realism and sense of perspective is needed, we still need a Judge to agree that there is a case. Sorry to be a party pooper, I'm excited at the possibility and keeping everything crossed. The timing is right, any sooner and it would not have had an impact, just hope that they agree to hear the application.

    ReplyDelete
  25. Interesting to hear Simon Hughes state that:
    "No concerns have been raised" by HM Chief Inspector of Probation Paul McDowell about the split.

    I seem to recall Grayling making a similar statement to parliament.

    What about the concerns raised by staff and unions?

    Interesting to note that McDowell was CEO of Nacro (awarded six TR contracts) for five years before assuming his current role.

    ReplyDelete
  26. " Shares in Interserve were up 3.7 percent at 617 pence after the news, while shares in Capita were down 6.1 percent by 1557 GMT. Sodexo's shares were up 0.8 percent at 75 euros.

    "Today's award of rehabilitation services contracts is a material positive for Interserve but a disappointment for the other stocks under our coverage," said Liberum analysts, who have a "buy" rating on the stock.

    "The contracts are not without risks ... we expect no profit contribution in the first year. However, the margins should trend towards 10 percent as the contract matures, there will be a significant boost to order books and it diversifies the revenue mix of the winners," they added. (1 US dollar = 0.6205 British pounds) (Editing by Neil Maidment and Greg Mahlich) "

    http://uk.reuters.com/article/2014/10/29/britain-probation-contracts-idUKL5N0SO3M620141029?rpc=401

    ReplyDelete
  27. http://www.politics.co.uk/news/2014/10/30/legal-action-starts-against-grayling-s-probation-sell-off

    Good read!

    ReplyDelete
  28. Grayling is sooo predictable - was driving back from prison visit today to hear on BBC radio that re-offending rate for sex offender "supervised in the community" had gone up. Really? How little they understand probation and sex offenders because the stats include a significant number of Registration and SOPO breaches which can be strongly argued to have PREVENTED future victims by successful monitoring....

    ReplyDelete
    Replies
    1. sorry if this is a known site to others, but I found it interesting - 'News now - current affairs' - you can click onto 'probation' or any other subject matter, and it will list a lot of published news on your subject, to within 5 minutes, even the small papers. Just after 9am they highlighted Gov Uk's ' offender management statistics quarterly'- every quarterly report on every aspect of prison, probation, supervision, recalls, reoffending rates etc etc, if you have the concentration to work it out, but my mind eventually boggled. They confessed/conceded/excused to the latest stats being skewed 'cos of TR. Andrew, over to you.

      The last one, at 1233, is from a Bradford paper, with headlines 'large firm to run probation' without naming it..

      at the bottom of the page there are a squillion adverts for Probation Officers, almost all temp contracts with CRCs (none in north east). One CRC vacancy was advertising band 4, 29K-36K,(bet that won't last long) most are hourly rates. Happy reading!!!!

      Delete
  29. "to the latest stats being skewed 'cos of TR. Andrew, over to you"

    I check in there sometimes but do not have the energy to respond to everything.

    http://www.newsnow.co.uk/h/Current+Affairs/Crime/Probation+Service

    Google offer a similar service.

    I am now getting Google alerts everytime Andrew Selous is mentioned in a news report.

    https://www.google.co.uk/alerts

    ReplyDelete