Friday 12 December 2014

Latest From Napo 52

Latest press release from Napo HQ published this afternoon:-
Napo gagged on safety concerns and amendments to operation of Probation Services
Napo – the probation officers’ union and professional association – was today forced to stay silent on the safety concerns and proposed amendments to the privatised probation service that were revealed by its court proceedings against the Ministry of Justice.
Although an earlier High Court hearing had ordered Chris Grayling to hand over his safety evidence and proposals to Napo, the court today refused to allow Napo to share any of that evidence with its members or the public. Instead, Mr Grayling has been allowed to keep bidders and the public in the dark about the dangers that exist in the system and the steps he has said he is taking to resolve them.
Napo is deeply concerned that Chris Grayling wants to thwart public debate on the privatisation of the probation service and withhold from the public crucial information about their safety once staff in privatised Community Rehabilitation Companies lose ‘dual access’ to the risk records on offenders and are asked to take on more clients. He is also trying to keep figures on staff shortages and soaring sickness rates out of the public domain.
Ian lawrence, General Secretary said "If the Ministry of Justice is confident that the steps they plan to take will adequately address the existing safety concerns in the system, Napo can see no reason for reluctance to tell the public about those steps. Mr Grayling’s insistence on secrecy raises grave concerns about whether he can deliver on his claims that the system will be safe before it is sold off to private management."
NOTES TO EDITORS

1. Napo is the Trade Union and Professional Association for Probation and Family Court Staff. It currently has around 8,000 members working in the Probation Service.

2. In November 2014, Napo commenced a claim for judicial review of the Secretary of State’s plan to sell 70% of the probation service into private ownership, raising numerous safety concerns about the structure of the new system. On 26 November 2014, the High Court forced the Secretary of State to hand over the safety evidence he had been trying to keep secret. On 4 December 2014, the Secretary of State handed over further documents that set out for the first time the steps that he would take to make the system safer. As a result, Napo concluded its judicial review. Unfortunately, it is still prevented from sharing publicly any of those steps that the Secretary of State has said he will have.

3. Contracts with private providers of probation services are due to be signed on 18 December 2014.



STOP PRESS

The following has been sent out today by Noms HQ and indicates to me that someone is not quite telling the truth:- 

Message from Colin Allars Director of Probation and Mark Head Delivery Director

Dear All

You will have received confirmation in Monday’s bulletin that Napo had decided to discontinue their Judicial Review proceedings in relation to the TR reforms. The bulletin promised that further information would follow. We decided that before providing this we should await the outcome of a hearing with the court at which issues of disclosure and costs were considered.

This morning the hearing concluded. Napo have been unsuccessful in their attempt to disrupt these reforms. The court has instructed Napo to pay the entirety of our costs, save those in relation to an interim hearing on disclosure. The court made clear that Napo had to pay the Secretary of State's costs as they have not shown that the Secretary of State had made any of the legal errors alleged, or that he took any steps on safety as a result of the litigation. The court today refused Napo permission to appeal this decision.

Also on Monday this week, Napo claimed in a communication sent to their members and the National media that as a result of the JR specific undertakings have been given. As set out when we published the summary of Test Gate 4 and the outcomes of Test Gate 5, public safety has remained a key priority at every stage of the TR reform programme.

In response to the proceedings by Napo we clearly set out to the court the stringent assurance processes that have been in place throughout the course of the reforms to insure public safety. Contrary to the claims by Napo, no new commitments or undertakings were given and no changes have been made or promised in respect of the reforms or the previously planned mobilisation.

This means that there are absolutely no additional actions that need to be taken by CRC’s, by the NPS, or by the bidders as a result of the JR beyond the substantial action already planned or under way.

We remain on track to sign contracts with new providers by the end of 2014, with new providers taking over the delivery of services from CRC’s in early 2015. The intention also remains that the provisions of the ORA 2014 will be commenced at service transition.

80 comments:

  1. 'Mr Grayling’s insistence on secrecy raises grave concerns about whether he can deliver on his claims that the system will be safe before it is sold off to private management'

    Yes it does rather, doesn't it Ian. Maybe we should seek a Judicial Review...

    Simon Garden

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  2. Or is it a Battling own goal?

    'Hey, guys!!! It's all so dangerous, I have to do some stuff to make it less dangerous. But it is SO important to the viability of the whole initiative that I am not going to tell you what it is I am going to do because, if I don't do it, it may put you off the deal. Of course, you don't what it is so will not know if I have done it or not. But don't worry. I am an honest guy with an impeccable record for integrity.

    Now, sign here'.

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  3. Grayling not Batting - auto-correct gone mad again.

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  4. That is not logical.

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  5. It is Justice Questions in House of Commons on Tuesday 16th 11.30 - hopefully some info can be teased out via that route.

    the list of MPs who are likely to be called to ask a question is available to MPs - I am not sure if it has been made public - I aim to check and if it is to put it on Napo Forum website later.

    I know one MP who is listed & am sure will want to ask a question - there are so many possibilities of question - it must be difficult to decide.

    http://www.napo2.org.uk/phpBB3/viewtopic.php?f=2&t=886

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  6. The statement on the NAPO site (as reported above) is nothing more than a ringing endorsement of why we should not have halted our JR challenge nor listened to anything CG had to 'offer'. If NAPO were so worried about the public debate being thwarted they should have held on for a judgement. Without knowing the proposed steps' noone will be able to either monitor progress or challenge any absence. I cant believe NAPO were so stupid to have been taken in. We may not have 'got more' but in reality halting the JR has left us with nothing. Except possibly costs........
    Deb

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    Replies
    1. Absolutely! So naive to be taken in.

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    2. was it naive. I don't think so.

      Delete
    3. Please read above (anon 23.33)Napo would have acted on legal advice.

      Delete
  7. Assuming the court matters are now concluded, I cannot understand why there is no mention of costs, as this was a 'cost's hearing'. This is what the GS blog stated and yet not a dicky-bird. It as though Napo wakes up each day in a different mood. As for non-disclosure, can this really be tenable? Time for an MP to use parliamentary privilege. Better still a cause to rally a strike around, as who could argue with the right to know about risks to workers, victims and the public. In every so-called defeat there are the seeds of a counter-reaction. I am assuming, of course, that the Napo leadership are really unhappy with the non-disclosure outcome.

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  8. so NAPO know about the safety concerns but have to stay silent. I cant believe risk regarding public safety cant be revealed. As soon as the first murder occurs it will have to be by then it will be too late - unless of course Grayling has put the safeguards in place.

    What about costs - application was today being made by NAPO have they been denied? This has been an absolute shambles - we should've seen it through.

    APPEAL!!

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  9. We have demanded a branch meeting for next week & willI be demanding a recall of conference & a vote of no confidence in all of our incompetent officers! They have made us a bigger laughing stock than HMIP ( well maybe not quite).

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    Replies
    1. Good. If conference goes ahead I'll be there. I want Napo to carry on but for goodness sake let's get Ian Lawrence out and let's not let anything stop us this time.

      Delete
    2. This is OUR union, let's take it back!

      Delete
    3. Napo were refused costs and ordered to pay at least some of the MOJs costs.

      Napo were also refused the right of appeal, according to an MOJ source.

      If Napo do seek permission to Appeal to the Court of Appeal and lose out again it would be even more expensive.

      Delete
    4. I presume The Court Order is a public document - I am not experienced at seeking out details of High Court adjudications, and do not know where exactly to find them or how soon after a hearing they are published. I understand the Napo Costs application hearing was concluded this morning.

      Delete
  10. No point in striking. The battle is over.

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  11. Understandably people are disappointed that it didn't go to a full JR hearing but its pretty clear from today's judgement how that would have worked out! If the Court won't even let NAPO speak about the risks it would never have found in our favour on the substantive issues. Seems NAPOs legal advice was right! What I find difficult to understand given the radical views expressed on this blog that anyone realistically has any faith in the Court system. I understand the Chair of the Court was ex-Treasury. The Minions at the MoJ may be feeling smug but as they chaos continues and they discover that the "stubbornly" high re-offending rates are worse under the new providers it will be wiped off their faces!

    ReplyDelete
    Replies
    1. It won't bother them in the slightest.

      Delete
    2. "didn't go to a full JR hearing" - it didn't go to full hearing because NAPO pulled out.

      "Seems NAPOs legal advice was right!" - ye right. elephants can fly.

      Delete
    3. Duh! Napo would have acted on legal advice re whether to withdraw!!

      Delete
  12. I didn't imagine it could get more desperate, so I'm sitting here giggling hysterically. JR given up, costs awarded against NAPO, MoJ crowing mercilessly - and an ex-PO friend rang me this evening asking about a letter from Tameside about their pension being handed across to GMPF. They had no idea. No letter from their previous LGPS provider informing them this was going to happen. Presumably ALL retired POs will be having their pensions administered by GMPF? Another disaster in the offing. I wonder how long before monies get lost?

    In the meanwhile Grayling & chums are creaming it in courtesy of the public purse.

    ReplyDelete
    Replies
    1. I am retired, and a few months ago, I got a letter from GMPF to advise me that they were now dealing with my pension, instead of my local authority. This week I got a sealed on 3 sides 'payslip' from them, , with details about gross and net pension. No more ordinary letters. How cool........ cough cough.

      This 'payslip' states that I will only be sent a payslip if my net pension changes by more than £5.

      I am still reeling from everything revealed on today's Blog. How much is that man paying out to get the Court's full support on every issue, even in the field of public risk and stuff those of us in the real world? Or does he have a band of big muscle men who are threatening to flatten their tyres? For the first time I feel flat and helpless and too old and useless to help fight the fight.

      God help us all- please.

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    2. The info on pension fund changes wss notified to all members months and months ago!

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    3. So, someone leaves the service 10 years ago & their pension is frozen/deferred. They work for A N Other and haven't yet made their retiring age. I can assure you, anon23:41, no-one notified me until the mail arrived today. I'll be taking up up with my last LGPS provider.

      Delete
  13. I will akways stay in napo a I do not want to be without a union. But I can't understand how this has happened

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    Replies
    1. so why would you want to be in a corrupt union like NAPO.

      Delete
    2. NAPO is not corrupt. It is just small.

      Delete
    3. Can understand Anon 21.22 feeling this way - the truth has to come out - NAPO gagged on safety concerns - NAPO need to confirm if costs awarded to MOJ

      Delete
  14. The battle is not over we are in a race to the bottom and those willing to do nowt are increasing the pace. Now is the time to strike NPS can show support for CRC colleagues who are facing doom soon to be followed by NPS, and that's not the end of it. Fight or become a serf. A million Civil Servants to go in next parliament. Come on ballot the membership

    papa

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    Replies
    1. I think there is a will to strike - it's our only option especially for our colleagues in the CRC, our service users and the future of our profession!

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    2. strike for what. NAPO sold out.

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    3. Lets be honest - the second one day strike showed no HEART - I went out but so many didn't. Majority of probation staff give up long ago - now just sucking up to profiteer managers

      Delete
  15. maybe we should be lobbying purple futures etc don't forget they've still not signed the contract.

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  16. Thank god for Chris Grayling; practically every practitioner who works with dangerous and difficult individuals every single working day was wrong yet our Secretary of state just ,;knew' that these reforms would help bring down those stubborn re-offending rates and he didnt allow anything as trivial as common sense to stop him...dont worry, were clearly in good hands.....

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  17. "Contrary to the claims by Napo, no new commitments or undertakings were given and no changes have been made or promised in respect of the reforms or the previously planned mobilisation."

    So, Mr Lawrence, £70k head of NAPO, how does this statement by Allars sit alongside your claims to have won concessions & put Grayling on the ropes? What's that? Cat got your tongue? Or perhaps Grayling's got you by the balls?

    Mr Grayling - please spend my subs (recently handed to you on a plate by the High Court) on a decent burgundy, or chablis if you prefer.

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    Replies
    1. I know who I'd rather believe! And it's not bloody Allars!

      Delete
    2. Rectal feeding - that'll get the truth from someone. Anyone got a number for the CIA? Or MI6? Vote for who you want to subject to extraordinary rendition. Lines are open now.

      Ian Lawrence - 03000030001
      Colin Allars - 0300030002
      Chris Grayling - 03000030003
      Santa Claus - 03000030004
      Tooth Fairy - 03000030005

      Delete
  18. But when have Moj and noms been totally truthful

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    Replies
    1. "Weapons of mass destruction which pose a real threat to the UK" - turned out to be utter bollocks, but many thousands of civilians and hundreds of allied professionals were sacrificed at the altar of that blatant lie. The liars have since been generously rewarded with £millions and plaudits.

      What price a few members of the probation service, a few prison officers and some crims?

      Delete
  19. This is the future according to an experienced and well placed source - CRCs will have to cut wage bills by 10-15% to make a profit. Tagging will quadruple by 2020 and most low and medium risk offenders will be tagged. There will also be some programmes. (They haven't thought through how you tag domestic abuse perpetrators if they live with their partners).

    CRCs have no training requirements at all and will have to make a contractual agreement to buy in training from the NPS. This will happen when there is a very serious SFO in a year's time and the case review will recommend training for the CRCs. At the moment, 80% of court orders are going to the CRCs who have 46% of staff. This fits in really well with the plans for both CRCs and NPS, as there are 25% planned cuts over the next 5 years. The govt won't be able to cut the CRCs (who will already have made cuts) as they will be private, so will cut money from the NPS who has 54% of staff but, apparently, only 20% of court work.

    Why did you screw up, Napo?

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  20. What we know from past behaviour is that the MOJ/NOMs is not truthful and excels at spin - so go figure....

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  21. Probation Inspector's #TR Announcement due on Monday!

    http://tinyurl.com/mtldjge

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    Replies
    1. Will this be written by Paul McDowell? Not sure his wife will be too happy if he says the split hasn't worked and is dangerous.....

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    2. Private Eye mentioned Sodexo & the Inspector in the latest issue: -

      http://tinyurl.com/q69vz84

      Delete
  22. Members called for a strike - a ballot was run and a strike was called.
    Members wanted more action - work to rule was instructed.
    Members called for JR - information was requested a JR was applied for but couldn't go ahead because Grayling pulled the rug from under the premise of the Review.
    How exactly have Napo screwed up??

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  23. I appear to be lost in all this. Surely if there are risk issues as NAPO claim, then it's not the responsibility of the Judge to say that NAPO cannot tell people what they are, quite the reverse. It's called whistleblowing and completely legal. Or there are no risks as NAPO have lied. Lie or not tell the truth; either way it's a very poor show by the Union and if anyone is harmed over the next few weeks, I suggest that the first finger you point should be at Ian Lawrence for not telling you about any risks.

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    Replies
    1. To anon 20.02 this is ridiculous! Members already know about the risks-we live with them day in day out. If Napo have been legally constrained from revealing details of info supplied to JR and they ignored that then either Union funds or individual Officers etc could be liable.

      Delete
  24. the bitching has already started in my office. CRC staff have refused to see any duty appointments that come in from Court and are not on their Delius. I know allocation is supposed to be within 24 hours but the reality is that this is not taking place. They've spoke to their SPO about it and it's down to him to resolve, however, until then we have to see them. I really cannot say I blame them and their claims that 'not a CRC case as it's not allocated to CRC' are completely factual. Unfortunately it means that we have to see them which is a pain if their manager is out of the office or off and the case cannot be allocated. Our NPS manager just shrugs. Tensions are running high and I very much doubt that the recent Court NAPO Court case is going to help.

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  25. I said very early on that the best way to prove the plan as ludicrous is to let it happen. Two years from now, Probation will be on the front pages of the papers because of serial cock-ups of the kind that we have seen in other areas of Government policy.

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  26. Grayling cant be trusted, sadly NAPO Gen Sec also, or at very least has failed the test. Damn

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  27. This comment has been removed by the author.

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  28. I think MOJ are running scared. Their press release tells me bidders have been rattled and need assurance.

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    Replies
    1. Anon at 20:59 will you please give a link to the press release that you mention, I have not found anything from the MOJ about today's court appearance.

      Delete
    2. Sorry Andrew... NOMS.

      Delete
  29. What an absolute mess we now find ourselves in. No plan, no direction, no right of appeal, no information , no "significant concessions". Share sale is now right on top of us and Grayling et al state NAPO have backed down. Haven't they wiped the floor enough with us? I think not. They have plenty left in them yet. What next? Cuts, cuts and more cuts including services and jobs. It all looks bleak. When will we turn around and say enough is enough???

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    Replies
    1. Many have. We are losing good staff almost by the hour. Remember - the new operating models are untested and mistakes are already being made by the truckload. NAPO has not failed, it has been beaten. They are different things.

      Delete
  30. Can't find the NOMS press release. Any help please?

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  31. It's like a bad bad nightmare . I feel so deflated . I campaigned and fought against this, went to lobby at parliament twice with hope in my heart. And now right at the end when we thougtht we couid get heard .. We are now gagged and noms Moj and what gets me the most .. Grayling is rubbing our noses in it.
    I don't know whether to cry scream or shout with rage against this government.

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    Replies
    1. We haven't been 'gagged'. There's nothing to tell. NAPO are lying. See the stop press addition at the end of the post above. The key points re NAPO being 'gagged' are:

      'Contrary to the claims by Napo, no new commitments or undertakings were given and no changes have been made or promised in respect of the reforms or the previously planned mobilisation.

      This means that there are absolutely no additional actions that need to be taken by CRC’s, by the NPS, or by the bidders as a result of the JR beyond the substantial action already planned or under way'

      Simon Garden

      Delete
    2. I doubt very much "Simon Garden" is a member of Probation staff. He erites such vindictive and negative posts its more likely he/she is from MofJ.

      Delete
    3. I dearly wish I could write about what stirling work NAPO on a national level is doing for it's members. Sadly that just simply wouldn't be true. Over time I've stated repeatedly that i think local NAPO reps have done, and continue to do invaluable work for members. On a national level things just aren't the same. I'd like to be proud of the union like i'm proud of the work that we do every day. If i seem 'negative' it reflects my dismay at seeing the union leaders squander every opportunity to fight to preserve what we do. I write in sadness, and in anger. You can say what you like about the things I've written - I didn't make NAPO a partner in the TR Probation Institute. I didn't resist calls for a JR until it was too late to act on some of the reasons . I didn't only take action reluctantly when forced to do so by the AGM, and it wasn't me that withdrew the JR on the flimsiest of pretexts and has since tried to mislead members. I didn't write the Message from NOMS featured above either, and neither did Jim or any one else you might care to suggest is negative or vindictive. If it's not true then let NAPO's leaders demonstrate that it's not true. I hope that they can and I hope that they will...

      Simon Garden

      Delete
  32. What *I* find offensive is Ian Lawrence and the NAPO leadership lying lying lying lying lying. They haven't won ANY concessions. They've treated us all like idiots presenting capitulation as victory, and after crowing about claiming costs from the ministry over the past week they've attempted to conceal the fact that NAPO has in fact been made liable for the ministry's costs because abandoning JR proceedings prematurely has lead the court to adjudge that there was no merit in their court action as far as it went! for those of you who might have missed Jim's 'stop press' addition to this post above, NOMS have stated as follows in a message to the CRCs, NPS and bidders:

    Message from Colin Allars Director of Probation and Mark Head Delivery Director

    Dear All

    You will have received confirmation in Monday’s bulletin that Napo had decided to discontinue their Judicial Review proceedings in relation to the TR reforms. The bulletin promised that further information would follow. We decided that before providing this we should await the outcome of a hearing with the court at which issues of disclosure and costs were considered.

    This morning the hearing concluded. Napo have been unsuccessful in their attempt to disrupt these reforms. The court has instructed Napo to pay the entirety of our costs, save those in relation to an interim hearing on disclosure. The court made clear that Napo had to pay the Secretary of State's costs as they have not shown that the Secretary of State had made any of the legal errors alleged, or that he took any steps on safety as a result of the litigation. The court today refused Napo permission to appeal this decision.

    Also on Monday this week, Napo claimed in a communication sent to their members and the National media that as a result of the JR specific undertakings have been given. As set out when we published the summary of Test Gate 4 and the outcomes of Test Gate 5, public safety has remained a key priority at every stage of the TR reform programme.

    In response to the proceedings by Napo we clearly set out to the court the stringent assurance processes that have been in place throughout the course of the reforms to insure public safety. Contrary to the claims by Napo, no new commitments or undertakings were given and no changes have been made or promised in respect of the reforms or the previously planned mobilisation.

    This means that there are absolutely no additional actions that need to be taken by CRC’s, by the NPS, or by the bidders as a result of the JR beyond the substantial action already planned or under way.

    We remain on track to sign contracts with new providers by the end of 2014, with new providers taking over the delivery of services from CRC’s in early 2015. The intention also remains that the provisions of the ORA 2014 will be commenced at service transition.

    Simon Garden

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  33. I presume the STOP PRESS item from MOJ being made public is exactly what they would want - to stir up spats & divisions amongst the staff - shame Napo did not get a chance to publicly respond instantly but without seeing what the court actually said one cannot be sure - Napo have said they will respond again - I suggest reserve judgement - we have seen the extent to which MOJ folk are 'economical with the truth' over some parliamentary appearances and ministerial questioning.

    MOJ have a team of PR folk - Napo has one who has other jobs as well.

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    Replies
    1. Thanks Andrew for a voice of reason!

      Delete
  34. We could only proceed with JR if legal advice had supported it;the fact that references were made on Napo website etc to reassurances from CG suggests(as negotiator Tabby references on Napo forum)that CG made statements that meant kegal reps advised we had to end the TR.Like the cliche "the devil lies in the detail". Judging by the emails the decisions about Napo action I believe were made by the whole Officers group not just the GS.

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  35. To anon 22.33 hear hear! Well said

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  36. MPs & their Questions for MOJ on Tues 16/12 11.30am

    http://tinyurl.com/l9eob6h

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  37. What concerns me most is that we are governed by such people. In order to get what they want they believe what they want ignoring any evidence of the contrary. This story is not over and often something quite unexpectedly occurs in such situations which determines the winner.

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  38. Just leave Napo. Cancel your direct debit. Sticking with them is like sticking with an abusive partner; but I know he really loves me!. It's over kid.

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  39. Welcome to the jungle. Now CRCs are owned by the big boys & girls, it gets serious. Pay cuts, loss of terms & conditions, payback for the blog & the inconvenience of delaying, irritating & embarassing MoJ, NOMS, etc.

    No amount of academic angst or ideological twittering or whining will change what's coming. You haven't even begun to see what pissed off CEOs & their flunkies are capable of. Grayling's a pussycat by comparison. Lets hope Santa has enough kevlar flak jackets to go around.

    A very sad & distressed PO.

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    Replies
    1. " Now CRCs are owned by the big boys & girls, it gets serious."

      No - it still may not happen - this is what Noms says in the blog on this page: -

      " We remain on track to sign contracts with new providers by the end of 2014, "

      " Signing " is still short of implementing - giving up now is like admitting defeat just because you can see the finish line and the other chap is still running!

      Delete
  40. NAPO strategy needs to immediately refocus to a very simple one: getting every case before an Employment Tribunal.There are many health and safety breaches, there are many stress cases and cases where Equality Act has been broken by the employer. Three months minus one day is the deadline and we must act before it is too late.Many of the issues are happening now so the clock can start ticking - we can discount TR split as the key date and focus upon the behaviour of the employer NOW. It is a simple strategy but one that would work. Back to basics NAPO, employment law is being breached NOW and this is where the new systems are failing. For example in NPS managers are failing to undertake their new HR duties appropriately and timely because they do not know the systems. In CRCs staff welfare is a low priority as former trust HR staff prepare for share sale and have their eyes off their legal requirements to staff.
    Forget "concessions" and let us deal with the lived reality NOW when actual breaches of the Equality Act / Health and Safety legislation, are occurring and members are suffering a detriment which in some cases amounts to significant harm to their health and well being. NAPO and its members cannot be "gagged" in this regard, get every case suffering a detriment before an ET. A reps panel should be immediately convened at Chivalry Road and branches should be asked for cases - this is the way to go PLEASE.

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  41. CRC model includes examining individual accountability and performance in reducing recidivism in own caseload! No detail on this yet! However, will measures take account of diversity, complexity, tiering, previous convictions of each case? Possibly not when we consider that the race to the bottom includes taking less into account at the point of conviction with less PSRs and more FDRs and the not fit for purpose RSR tool!

    We are about to see staff hounded for systemic failures which TR has introduced. Some practitioners will be taking a weather eye on case allocations in an effort to protect themselves from potential performance sanctions, with infighting developing between colleagues and middle managers! Grading will become meaningless under such a model!

    Time to stop papering over the cracks people!

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  42. This is a great blog Jim more info on here than the napo site

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  43. It's Game Over - Hook, Line and Sinker

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  44. man down the pub tells me mass capability on the way for crc

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