Thursday 26 July 2018

Reprint 3 A View From The Other Side

Whilst we continue to await the long-rumoured and now long-delayed 'big' announcement by the MoJ and how it's intended to try and fix the TR omnishambles created by Chris Grayling, I've been taking another dip into the archives. Here's a purely random piece from the early, seemingly more genteel days of fewer readers and even fewer comments. Hopefully it sheds some light on how the hell we got to where we are now, not least in relation to the recent discussion regarding the demise of the PSR, and the part played by bloody OASys.

The piece generated two responses, the first from legendary Magistrate blogger Bystander and the second from a seasoned practitioner clearly:-

"Every sentencer should read this piece. It is a classic example of the law of unintended consequences. It must be heartbreaking for experienced and caring people who have had their life's work kicked from under them."

"Excellent piece. My favourite OASys blobs with lifers are (1) author scoring "lack of suitable accommodation" as a problem, when it's extremely unlikely that the Parole Board would ever release a lifer without suitable accommodation being present. I've made several lifers very happy by amending their OASys to reflect this and seeing their risk scores reduce markedly as a result. (2) OASys author with a spousal homicide case scoring the lifer as "high risk of harm to known adult" when said known adult has been deceased for years and so no longer at risk of harm. The sort of blobs which keep folk in jail longer than necessary."

Thursday, 6 January 2011

A View From The Other Side

One of the many fascinating aspects of this once wonderful job is the chance you get to meet interesting people on a daily basis. I have always loved talking to people and to be paid to do it for a living always struck me as not a job at all, but merely an extension of everyday life. All the endless bureaucratic irritations introduced over recent years can be forgotten in the privacy of the interview room, so far away from the prying eyes and ears of management as video recording has yet to be introduced there.

It's difficult to explain the buzz you get from knowing virtually nothing about a person at the beginning beyond their name, offence, date of birth and address and absolutely no idea where the conversation and subsequent journey will take you. A meaningful dialogue is vital. Some people you might only meet once or twice. Some you will spend a significant part of your life getting to know. All types, all ages, all backgrounds, all dispositions. I would not be human if I didn't admit to enjoying a challenge on occasion and particularly an intellectual one. This can come from any number of directions, but in my experience most frequently from the very long-term prisoner or 'lifer'.

In trying to find material to keep this blog fed, I've found myself paying rather closer than normal attention to the excellent Probation Journal published quarterly in conjunction with Sage and NAPO. In the September 2010 edition my eye was attracted to an article by Jon Keeler, a long term prisoner presently residing at HMP Long Lartin. To my knowledge this is unique and makes a welcome change from the usual academic and practitioner contributions, worthy though they almost invariably are. In quite a lengthy and very competent piece, Jon has some pretty strong words of criticism for the Probation Service generally and probation officers in particular. He documents the change in ethos of the Service so often lamented on here, but goes much further in cataloguing in forensic detail the effect it's all had on a large part of our clientele, namely the long-term prisoner.

Until I read this article I really hadn't appreciated how probation officers are currently perceived by such inmates - it seems we're now the enemy, barely indistinguishable from the police or prison officers. Apparently they now even use the same terms of abuse previously only reserved for the police and prison staff. Ordinary members of the public might not find this surprising, given their perception of what they think we do, but I'm deeply saddened by it and can appreciate how it's come about. Pretty much it can be summed up by the dreaded acronym OASys.

Jon confirms the widely held view that the whole ghastly thing was foisted upon the Probation Service as a result of being an unwilling bride in an arranged marriage with the Prison Service. He goes on to say "The effect on us, the prisoner-wards of this unhappy relationship, is a form of abuse in which the probation service is complicit." Strong stuff indeed, but confirming something we might be tempted to lose sight of, namely that all the endless crap that is fed into OASys on a daily basis, affects peoples lives.

I have seen no end of unsubstantiated gossip and tittle tattle masquerading as evidence or assessments and typically input by inexperienced and barely trained prison officers that then sits there for months, only to be built upon by other officers further down the line without challenge. As we all know, OASys is about risk assessment and the basis on which progress through the prison system is now determined, but the system is becoming completely unfit for purpose by being full of inaccuracies, unsubstantiated and subjective assessments and scores that vary for seemingly no good reason at all. Jon sums the situation up by making the observation that "It is an irony that the process of objectification of prisoners may have the unintended consequence of deskilling the processors. As they reduce prisoners to the single dimension of their offence category, in OASys they are themselves reduced from professionals able to use judgements about people based on training and experience to mere box-ticking technicians."

In part defence I feel I have to say that most OASys documents on long-term prisoners were initiated and subsequently maintained by prison staff. Probation officers, when exercising the so-called 'offender manager' role are only able to request temporary 'ownership' of the OASys document for short periods when they are faced with the almost impossible task of trying to amend, update and improve an already completed document. This takes hours and to be honest often results in a 'dogs breakfast' unless a complete re-write is attempted. I would also say that sadly one motive for bringing in OASys in the first place was so that it could indeed be filled in by less well-trained 'technicians'.

Jon's very lengthy article covering many aspects of probation work ends on a particularly bleak note by stating that meaningful contact with his probation officer has become impossible and all that is left "is a running battle over the accuracy of information in OASys and the competence of assessors." We know that only 24% of our time is available for client contact and prison visits are necessarily curtailed by this and cost restraints. Perhaps not surprising then he sums up with the insightful comment "I can think of no better description of the probation service, as experienced by prisoners, than a deceptive substitute for real contact." Oh dear. What a monster has indeed been created in the shape of OASys and the damned computer.

20 comments:

  1. A £9 million project to clamp down on drugs supply and consumption at a single prison, with a major emphasis on tackling addiction, has been announced by Justice Secretary David Gauke.

    Justice Secretary David Gauke announces £9 million pilot at HMP Holme House to tackle drugs in prison and help offenders stay clean for good

    Security bolstered by new body scanners and extra sniffer dogs while healthcare workers are drafted in to support recovering users

    Joint MoJ and NHS England pilot is already showing progress and good practice will be emulated by prisons across the country

    The ground-breaking ‘Drug Recovery Prison’ (DRP) pilot at HMP Holme House, in County Durham, adopts a wide-ranging approach and is jointly funded by the Ministry of Justice and NHS England. It involves tightening security to stop drugs entering the prison in the first place, while helping offenders break their habit of substance abuse.

    The increased security has seen investment in new drug detection equipment, including scanners and extra sniffer dogs, while specialist healthcare teams have been drafted in to help prisoners kick their habit.

    The pilot which began in April 2017 is already showing progress - with a rise in drug seizures in the prison and an increase in the number of offenders in education and work.

    Justice Secretary David Gauke said:

    Drugs fuel a cycle of violence and self-harm and prevent offenders from starting the process of rehabilitation that can ultimately lead to employment and a life free from crime.

    To break that cycle we need an innovative approach, and that’s what this pilot offers - not only stopping drugs getting into prison but helping offenders break the habit for good.

    We do not underestimate the scale of the task, but our aim is to make prisons places of safety, security and decency where offenders have a genuine chance to turn their lives around.

    Minister for Mental Health and Inequalities Jackie Doyle-Price said:

    Too often offenders are stuck in a cycle of offending, fuelled by drug addiction. The only way this will change is by improving the health of our offender population, supporting them to stop using drugs, both in and out of prison.

    The support being provided through this pilot could change the course of someone’s life, rehabilitate them back into society, reduce repeat offending - and ultimately make them turn their backs on crime for good. Holme House was earmarked as the most suitable choice to become a DRP as it previously had a drug recovery wing and a therapeutic community, as well as a stable population and a strong reputation as a reform prison.

    Good practice and lessons learned from the pilot, which runs until 2020, will be shared among prisons across the estate.

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    1. Wherever its from, just another example of lazy ersatz journalism which simply prints the prepared PR blurb released by MoJ. No analysis, no investigation, no challenge. The exact same wording will appear across the UK in local & national media.

      That's where, love it or hate it, this blog wins out.

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    2. https://www.gov.uk/government/news/blitz-on-drugs-in-prison-underway

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    3. "love it or hate it, this blog wins out."

      *smile* I should have made clear it was the MoJ press release - sorry.

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  2. Excellent & timely repost, Jim.

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  3. The Justice committee and Bob Neil seem to be taking a harder line with the MoJ. Its all a mess.

    https://www.independent.co.uk/news/uk/politics/legal-aid-cuts-tories-defence-criminal-lawyers-justice-committee-a8463816.html

    Also C4 9pm will highlight the mental health crisis in prison.

    'Getafix

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    1. Government funding cuts are damaging the fundamental right to legal defence, MPs have warned.

      Lawyers have already launched strikes and a judicial review over legal aid arrangements, which are intended to ensure people unable to afford legal advice, family mediation and representation in court are treated fairly.

      But the Justice Committee said government changes risk undermining the rule of law and demanded an urgent review to be completed by March 2020.

      Bob Neill, committee chair, said the right to legal representation is enshrined under the European Convention on Human Rights.

      “There is compelling evidence of the fragility of the Criminal Bar and criminal defence solicitors' firms, which places these rights at risk – a risk which can no longer be ignored,” he added.

      “The government cannot kick these problems down the road any longer and they must carry out comprehensive reviews to develop policies that are sustainable in the long term.

      “An effective criminal justice system is one of the pillars on which the rule of law is built. Under-funding of the criminal justice system in England and Wales threatens its effectiveness, tarnishing the reputation of our justice system as a whole, and undermining the rule of law.

      “These reviews should be carried out with urgency to end the crisis we are currently facing.”

      Lawyers told the committee of their “deep unhappiness” about the future of the criminal justice system, amid struggles to retain barristers and solicitors.

      Defence specialists said they are not properly paid to comb through mountains of digital evidence, following a scandal over the collapse of several rape cases due to disclosure failings.

      “We conclude the pressure placed on defence lawyers to fulfil their professional obligations by reviewing unused prosecution material without remuneration is fundamentally unfair and, with the continual increase in the amount of such material, likely to become unsustainable, and increasingly prejudicial to the defendant,” the Justice Committee concluded.

      Evidence to the committee had indicated a ”worryingly high level of demoralisation“ among defence lawyers ”with negative implications for the criminal justice system, especially for defendants“.

      MPs recommended an urgent, cross-departmental review of criminal justice funding to be completed ahead of the 2019 Spending Review and ”with the aim of restoring resources to a level that enables the system to operate effectively“.

      The report builds on oral evidence from lawyers about recent changes to legal aid, specifically the Litigators' Graduated Fee Scheme (LGFS) and the Advocates' Graduated Fee Scheme (AGFS).

      The Law Society launched a High Court challenge over the LGFS in December, calling it an “arbitrary cut that will do little if anything to drive down the legal pay bill”.

      The change saw the number of pages of prosecution evidence that lawyers can be remunerated for slashed from 10,000 to 6,000, following a fee cut of 8.75 per cent in 2014.

      Members of the Criminal Bar Association then started refusing legal aid work in March over the AGFS, which it labelled the “final straw”, warning: “Prisons, courts, the police and probation services are underfunded and in chaos. The impoverishment of the system is well known to the government and MPs.”

      The Justice Committee described both disputes as “regrettable” but and said that although the Criminal Bar had since accepted the government’s offer for additional AGFS funding, the underlying issues have not been resolved.

      “The Committee recommends that the government conduct an urgent cross-departmental review of funding of all elements of the criminal justice system, with the aim of restoring resources to a level that enables the system to operate effectively,” MPs concluded, calling for an annual review of the AGFS by a panel including representatives of barristers and solicitors.

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    2. Bob Neill will have to be careful for criticising the Government. Just as with Dame Glenys sudden change of position to Tory agenda compliance he is likely to lose his position if he doesn't tow the line and keep his mouth shut.

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  4. That 'big' probation announcement that has been delayed until it can be buried on a quiet news day when everyone will have 'gate fever' and looking forward to the weekend and BBQ's and Parliament is on holiday - it will dribble out tomorrow guys.

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    1. I think it may come soon after 10.0opm tonight for the overnight newspaper reviews or almost certainly by 00.01. Tania Bassett has tweeted about their bei9ng a Napo response tomorrow.

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    2. Napo General Secretary Ian Lawrence has certainly got a full day ahead tomorrow. This on Twitter:-

      "Ministerial announcement tomorrow on the Governments latest proposals on the Probation service. Napo will have our immediate response available online at 08:00am. I will then be issuing more news to members via Napo mail out during the day."

      "Scheduled interviews for the GS on Sky and BBC news early tomorrow where I will give a response to the announcement."

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  5. On the Blog piece.

    It is good to get more of your original writing and thinking - though much also needs to be cut and pasted to stay on top.

    I think the origin of OAsys was some branch of the Parole Section in the Home Office or possibly the old Home Office Research Unit.

    There were/are statistics about the likelihood of reoffending based on some fairly select data - age - past offence history and such like, but they were statistics and not inidividualised just with %age possibilities for all criminals with that set of data applying - so almost meaningless for any one individual and that was how they were treated by parole board members with whom I had dealings.

    These were not provided to external parole report writers but were provided to the Parole Board along with the dossier - so we got to see them as supervising officers - possibly - along with the bundle of papers from the parole board, if early release was authorised.

    I also made a point of several times attending parole boards as an observer - that is where I first saw them - possibly in the late 1980s or early 1990s - I think what became OAsys was an extention of that & I never got to complete one properly- I only saw very few such cases needing completion in about 2002 just before I finished - some of the questions were frankly nonsense & I particularly remember stuff about homosexuality itself being considered an offence - yet even then probation officers - some had come through the new training regime were just filling them in - our acquiesnece was not officer of the court or professional behaviour and I think consequently probation officers lost the status and authority that I was very wary about discovering I had in 1975.

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    1. "The [OASys] system was refined over the course of three pilot studies between 1999 and 2001, involving some 3,000 assessments across 28 Prison Service establishments and 13 probation areas." (Home Office Evaluation Paper)

      Danny Clark & Ruth Mann, prison psychologist & Home Office pre-NOMS something-or-other respectively, were running the show from Abell House I seem to recall.

      A link to an intriguing 2015 post on this blog came up when I tried to trace those responsible:

      "Agree completely. I was one of the handful of prison & probation staff who (thinking that a single comprehensive risk assessment tool was a good idea in principle) voluntarily embarked on piloting the original OASys, an unwieldy paper exercise of 48+ pages with tables to convert a series of numbers into scores - a bit like Jackie comic used to do when telling girls what sort of man they should marry. I recall being at a final meeting in London (on the day of the total eclipse 11 Aug 1999) watching Danny Clark & other NOMS staff totally ignore or rubbish the feedback from frontline probation and prison staff - they already knew what they wanted OASys to do. Still, Mr Clark was well rewarded. In a 2010 book entitled "Psychological Therapy in Prisons and Other Secure Settings" there's this acknowledgment:

      "Danny Clark OBE is Head of Substance Misuse, Cognitive Skills and Motivational Interventions at NOMS. He was previously the Head of the Attitudes, Thinking and Behaviour Interventions Unit at NOMS. He was responsible for the research on and development of the Offender Assessment System.""

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    2. I also heard it was a 'knock-off' Canadian system that they never got paid for.

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    3. I thought that was the ill-fated C-NOMIS, a would be rip-off of a system used in Ontario. Mind, lots of stuff was coming from Canada in those days.

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  6. Now you've set a hare running...

    TA - DAAAH!!

    https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/rsk-nd-rspnsvty/index-en.aspx

    "Abstract

    Developed in the 1980s and first formalized in 1990, the risk-need-responsivity model has been used with increasing success to assess and rehabilitate criminals in Canada and around the world. As suggested by its name, it is based on three principles: 1) the risk principle asserts that criminal behaviour can be reliably predicted and that treatment should focus on the higher risk offenders; 2) the need principle highlights the importance of criminogenic needs in the design and delivery of treatment; and 3) the responsivity principle describes how the treatment should be provided."

    "Summary (my extracts)

    There are, for example, many valid offender risk instruments that have been developed from a nontheoretical perspective using highly sophisticated psychometric methods (Campbell et al., 2007). The VRAG (Harris, Rice & Quinsey, 1993) and STATIC-99 (Hanson & Thornton, 1999) are stellar examples. However, very few of these risk instruments contribute to planning for effective intervention. The RNR model has not only contributed to the development of offender risk instruments that predict as well as the atheoretical, actuarial instruments but also provides information useful for offender treatment.

    The greatest challenge is transferring the RNR model into "real world" settings. It is one thing for scientists to demonstrate that a risk instrument or a treatment program can work but it is a very different matter to make it work in correctional agencies with a diverse work force in terms of education, values and experience, conflicting criminal justice policies and management practices that are not conducive to selecting and training of staff in effective assessment techniques. We know that with time the assessments completed by staff become less accurate due to errors and there is a general drift in the integrity of assessments (Bonta, Bogue, Crowley & Motiuk, 2001; Lowenkamp, Latessa, & Holsinger, 2004). What we do not know enough of is how to maintain the assessment expertise of staff over extended periods of time.

    We also know that when treatment programs that have demonstrated reduced recidivism in tightly controlled experiments are adopted by correctional agencies that their effectiveness is significantly diminished (Lipsey, 1999). Andrews and Bonta (2006, p. 368) reported that the effectiveness of treatment delivered in the real world is about half of the effect of the experimental, demonstration program."


    My favourite line is: "What we do not know enough of is how to maintain the assessment expertise of staff over extended periods of time."

    The MoJ's answer? Fuck 'em. Make all those staff surplus to requirement and fill your directors' & shareholders' pockets with public funds.

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    1. Excellent piece of work there Anon 20:48!

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  7. We've been told there's a conference call at 9.30 tomorrow with our chief... The email was sent out late this afternoon meaning many of our office staff etc would not see it! Less than 24 hours to join a conference call for updates tells us something is about to happen!

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  8. From

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/724911/HMPPS_Business_Plan_2018-19.pdf

    Published 12/7/18 - wonder how many of these lies 'the announcement' will affect?

    "Managing CRC contracts

    Effective management of the CRC contracts will continue to be a priority as we fully implement contract adjustments to reflect the costs of providing frontline services enabling them to deliver a better quality service. We will continue to provide robust and appropriate management of the contracts in order to protect the public and reduce re- offending. We have local Contract Management (CM) teams embedded in CRCsand their key focus during 2018-19 will include:

    • a risk based CM approach: adopt stronger use of data and management information, as well as anecdotal and reported evidence (Operational & System Assurance Group, HMIP) to target CRC practice and processes. This approach aims to identify any weak links and anomalies both on the ground level and within the data

    • achieving efficiency in CM practice: contract compliance and assurance work will be targeted and focussed. Where data accuracy is reported as high for a period, CM compliance work can be reduced for the following period. Tools are under development which will support this approach. This will reduce time on data checks, allowing for increased focus on service delivery quality

    •improving quality of CRC delivery: there will be an increased focus on improving service quality across CRCs. Broader Compliance Activities(BCAs) are under continued development to focus on key areas of service delivery where poor performance/risks are detected (identified using the risk based approach). CM teams will remain engaged with CRCs to define and agree standardised processes for prioritising and implementing actions following audits and HMIP inspections

    •creating the conditions for improved delivery:during 2018-19 we will continue to work with providers to identify what further steps might be taken to ensure CRCs are able to invest to improve operational delivery"


    Also in this ground-breaking document:

    "Delivering in the National Probation Service

    A number of recent HM Inspectorate reports have highlighted the challenges that we face in delivering our services and how those pressures have affected the system’s ability to fulfil its primary purposes. In response to these inspections we will:

    • ensure timely contact is made with offenders allocated to the NPS following sentencing and that robust sentence plans are in place that meet the offending and behavioural needs of the offender

    • work collaboratively with other probation providers to ensure timely enforcement action is taken where an offender breaches the conditions of their order or licence. We will develop more effective systems to ensure relevant information is available for enforcement
    proceedings to better support sentencing decisions

    • ensure advice provided at court enables effective, targeted sentencing of offenders. We will work with probation providers to ensure that services are available to meet the offending needs of offenders and that compliance with the requirements of the court are managed and enforced

    To support the improvements to service delivery in the community a further number of key activities will be carried out during 2018-19:

    • we will undertake an assessment of workforce and capacity to deliver our commissioned services to manage increased caseloads and to deliver OMiC which will be implemented this year

    . This has driven us to assess the way we measure our workload and we have created a new Workload Management Tool to assist with that assessment
    •we will complete a comprehensive activity based costing exercise of our community based work to ensure that we have the right resource to deliver the services we are commissioned to provide

    • we will develop our recruitment tool, supported by a more local approach to recruitment..."

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    1. Check this peach of a blank cheque:

      "Effective management of the CRC contracts will continue to be a priority as we fully implement contract adjustments to reflect the costs of providing frontline services..."

      You don't need Google Translate to read:

      "CRCs will continue to be given truckloads of cash in a desperate bid to prove the CRCs are working"

      Even Dame Glenys is on board with this one. Quick, where's my stockbroker?

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