The Sham Consultation

Here are the bones of the 8 week 'consultation' which the MoJ expects will keep us all quiet and pre-occupied during our summer break and then ignored obviously - just as with TR first time around of course. I don't know how civil servants sleep at night, but there's surely another award on offer, not least for the upbeat strap line:-  

Strengthening probation, building confidence

Justice Secretary Foreword 

The Government has a responsibility to deliver a criminal justice system that protects the public, punishes those who have broken the law in a meaningful, proportionate way, and supports offenders to turn away from crime. 

Well-functioning probation services are integral to this. Not only do they monitor offenders, but they also provide advice to courts so that sentences can better reflect the often complex factors at play in an offender’s circumstances; manage the ever-changing risk profile of offenders in their care; and make sure that those they supervise fulfil the conditions of community sentences, suspended sentences, and licence conditions. 

We know that community sentences are often more effective than prison in reducing reoffending. We want to see them used more often, particularly instead of short custodial sentences which can cause disruption to people’s lives without offering prisoners the dedicated time and support available during longer sentences to address the root causes of their offending. 

To make this shift away from custody towards managing and supporting offenders in the community, we need a probation system that the public is reassured by, that judges and magistrates have confidence in, and that delivers the right balance of proportionate punishment and rehabilitative support to offenders. 

Transforming Rehabilitation opened up the delivery of probation services to a broader range of providers and created the structure that we see today, with one public-sector National Probation Service (NPS) supervising higher-risk offenders, and 21 Community Rehabilitation Companies (CRCs) managing medium and lower-risk cases. I believe that there is strength in this mixed market approach, with scope for a range of providers, including in the voluntary sector, to continue to bring fresh, innovative ideas to probation services. 

We have already seen a reduction of two percentage points in the reoffending rates of individuals supervised by CRCs, and some positive examples of good joint-working between the NPS, CRCs, and their local partners. However, as the Justice Select Committee’s recent report makes clear, the first set of CRC contracts have faced a number of challenges. While difficulties were to be expected in such a significant and complex programme of reform, I want to address these issues sooner rather than later. 

This consultation outlines how we plan to stabilise probation services and improve offender supervision and through-the-gate services. It also sets out how we will use the lessons we have learnt so far to put in place more effective services and a robust commercial framework. 

We intend to align NPS and CRC areas in England, facilitating the development of closer local partnerships, and aim to recognise the distinct delivery environment seen in Wales by bringing the NPS and CRC into one combined probation service, while creating space for a range of providers to compete to deliver rehabilitative services. As well as the structural and contractual elements, we want to make improvements to the services offenders receive in a number of areas, and to better recognise the skills, experience, and professionalism of our dedicated workforce. 

I look forward to hearing the views of the many people and organisations with an interest in the delivery of these services, and your input will be used to introduce changes that strengthen our probation system and, in turn, help to break the cycle of reoffending. 

The Rt Hon David Gauke MP 

Lord Chancellor and Secretary of State for Justice

Executive summary 

Probation services are at the heart of an effective criminal justice system. They deliver the orders of the court, protect the public from harm and rehabilitate offenders. Whether an offender receives a community sentence or is sent to prison, probation will be central to ensuring that justice is done and that those who have committed crimes return to being law-abiding members of society. Evidence suggests that community sentences are more effective in reducing reoffending than short custodial sentences, but if they are to fulfil their potential it is vital they are properly delivered and enforced, that offenders are effectively supervised, and that the courts, victims and the public have confidence in the ability of probation to do this. 

In this paper we set out the immediate steps we are taking to stabilise the delivery of probation services in the next two years, as well as our longer-term strategy for improving the quality of supervision, rehabilitation and resettlement beyond 2020 and creating a more integrated system which works effectively with local partners. This longer-term vision seeks to build on the changes introduced by the Transforming Rehabilitation reforms so we more fully realise our ambition to reduce reoffending and protect the public. 

Transforming Rehabilitation 

The significant reforms that were made to probation as part of the Transforming Rehabilitation programme were based on sound principles: 

• the extension of post-release supervision to short-sentenced prisoners who too often are simply recycled through the criminal justice system; 

• opening up the market to a wider range of providers to encourage innovation and more modern ways of working; 

• creating new incentives for providers to focus on achieving reductions in reoffending; and 

• ensuring a stronger focus on managing higher-risk offenders. 

These were, and remain, sensible objectives. In the three years since they took full effect, these reforms have delivered some successes, and throughout this period staff have continued to demonstrate their commitment and professionalism. There are areas of good and promising practice across a range of providers, and we have seen a reduction of two percentage points in the reoffending rates of individuals supervised by CRCs. The NPS has established more consistent ways of working and is generally assessed as performing well in managing higher-risk offenders. 

We know, however, that it has been challenging to fully realise the vision of these reforms. It is clear from our own assessments, and those of Her Majesty’s Inspectorate of Probation (HMI Probation) and the House of Commons Justice Select Committee, that in a number of areas the quality of probation services being delivered is falling short of our expectations. The reasons for this are numerous and complex, and have been compounded by the financial challenges facing CRCs following unforeseen changes in the volume and types of cases coming to court, and changes in the frequency of reoffending which took place prior to CRCs taking responsibility for services. 

Immediate steps to stabilise probation delivery 

We took action last year to adjust CRC contracts to reflect more accurately the costs incurred by providers in delivering services, but we now believe we need to take more decisive steps to tackle some of the challenges with these first-generation contracts and put probation on a more stable footing. Long-term trends in reoffending are substantially affecting providers’ payment-by-results income, threatening to undermine the delivery of core services and prevent probation responding more effectively to the challenge of prolific offending. 

We have therefore agreed with our current providers that we will seek to end CRC contracts earlier than anticipated. We will then explore with stakeholders and the market how we could put in place more effective delivery arrangements and wider system improvements beyond 2020. There is much we can learn from the current CRC contracts, including good practice we can build on as well as things we will want to do differently in future to ensure that the capability of the market to deliver probation services is fully realised. We also intend to make a number of improvements to CRC services now and adjust the baseline year against which we compare performance on frequency of reoffending so this better reflects the performance of providers since contracts began. 

Our strategy for improving probation services beyond 2020 

If the state is to fulfil its fundamental obligation to protect the public, probation services have a critical role to play. Through the proper supervision and rehabilitation of offenders, probation services can prevent future victims of crime and make communities safer. 

In this paper we set out our proposals to promote a clearer focus on probation meeting these core functions and delivering the standard of services we and the courts require. We also describe steps we will take to create a more integrated and collaborative probation system, and set out proposals to improve how probation works with wider partners. Our aim is to improve the operation of the probation system and create the conditions for current structures to deliver improved outcomes, while minimising the disruption that more significant reform could entail. 

Through this consultation we want to engage with potential providers, stakeholders, judges and magistrates, local partners, staff, users of probation services and the public to help shape our proposals to improve the quality of probation work and put the right structures in place to support effective delivery. The feedback we receive, and further work to assess the impacts of reform proposals, will inform the decisions we take later this year on our future strategy. 

Supervising offenders and delivering the sentence of the court 

Effective supervision of offenders and protection of the public is the foundation of an effective probation system. Offenders must be properly assessed and seen regularly by their probation officer. The sentences of the court must be delivered, and when an offender is not complying with requirements there must be swift and firm action taken. 

To improve the supervision and management of offenders we will: 

• improve the assessment of offenders by reviewing processes and ensuring, as far as is practicable, a thorough and good quality assessment is built upon and follows an offender throughout their sentence; 

• introduce minimum standards specifying the form and frequency of contact between offenders and their responsible officer; (We intend to amend current CRC contracts so that all providers offer face-to-face meetings with offenders at least monthly.) 

• improve the delivery of unpaid work to ensure there are sufficient placements available for offenders and that these promote employment-related skills; and 

• explore options to make post-sentence supervision more proportionate to an individual’s sentence and their rehabilitative needs. 

More effective rehabilitation of offenders 

The causes of offending, and the action needed to prevent reoffending, will be different for every offender. Probation providers need to ensure that they identify these needs, deliver the range and quality of services needed to rehabilitate offenders, and work with other services to help offenders receive the support they are entitled to. 

To improve the rehabilitation of offenders we will: 

• enhance the quality of advice to court provided by the NPS so that it more effectively informs sentencing decisions, and promote engagement between courts and CRCs to improve judicial confidence; 

• define the range and quality of services to be delivered as part of a rehabilitation activity requirement, and embed these in future contracts and service levels; 

• increase the use of community sentences that include drug, alcohol or mental health treatment requirements by testing a protocol in five areas across England; 

• invest in tailored provision for female offenders; and 

• improve the data we collect and publish on offenders’ protected characteristics. 

Preparing prisoners for life in the community 

Successful resettlement of offenders as they leave prison is vital to preventing them slipping back into a life of crime. This requires probation to work effectively with prisons to identify and address resettlement needs, and with wider partners who have responsibilities to help prisoners secure accommodation on release, find employment or access to benefits, and continued access to health treatment and social care services. 

To improve the resettlement of individuals leaving prison we will: 

• explore options for a future model of resettlement which puts offender managers in prison and the community at the heart of the process, and consider the resettlement services that may be required to support offenders; (We also plan to invest an additional £22m per annum now to improve current through-the-gate provision) and 

• bring key departments together to tackle the barriers to rehabilitation through a cross government Reducing Reoffending Board. 

A workforce with the right training and skills 

The effectiveness of probation work depends on staff with the professional and vocational commitment to make a difference with offenders. Recent reforms have created disruption and challenges for staff. We want to make sure that we do all we can to develop the skills and capability of the workforce so all staff are equipped to do their jobs.  

To enhance the skills and capability of the probation workforce we will: 

• develop a workforce strategy which ensures providers can recruit and develop the staff they need to deliver quality probation services; and 

• support staff to build careers in probation by defining more clearly the transferable skills and competencies of responsible officers, and introduce a professional register. 

Improving system integration 

We need to ensure that the NPS and CRCs work together more closely as part of a single, integrated system. In doing so we can improve the efficiency and effectiveness of local services, while creating the conditions for stronger partnership working. 

To improve system integration we will: 

• create 10 probation regions in England and configure service delivery within each area, with a senior HMPPS leader responsible for joining up services and working with stakeholders; 

• invest in HMPPS digital services to simplify data access and exchange and deliver improvements to IT systems; and 

• explore options for the commissioning of rehabilitation and resettlement services which promote engagement and collaboration with local partners, and facilitate greater voluntary sector involvement in the delivery of probation services. 

Working more closely with partners 

Rehabilitation and reintegration must be a collective enterprise, with a range of statutory and voluntary services having a role to play alongside probation in tackling the problems leading to offenders committing crime. By working more effectively with these partners, and by all public services meeting their obligations in respect of offenders, we can improve individual outcomes and protect victims and communities. 

To improve how probation works with partners we will: 

• work with voluntary sector organisations, philanthropic trust funders and social finance organisations to explore how different approaches to commissioning could promote their increased involvement in the delivery of services to offenders; 

• engage with Police and Crime Commissioners to consider how they can play a greater role in shaping rehabilitation and resettlement services and improving local collaboration with statutory agencies; and 

• work with London and Greater Manchester as part of existing devolution deals to co-design future probation services. 

A probation system that works for Wales 

The devolved responsibilities of the Welsh Government and existing partnership arrangements in Wales make the delivery of probation services quite different to that in England. The legislative framework provides us with scope to develop alternative delivery arrangements which better reflect the criminal justice context in Wales and the role of HMPPS Wales. We will then consider whether the learning from these new arrangements is applicable to the system in England. 

To develop a probation system that works for Wales we will: 

• integrate the offender management functions of the Wales CRC into NPS Wales so that a single organisation is responsible for managing all offenders, providing opportunities to improve services across prisons and probation; and 

• explore options for the commissioning of rehabilitation services in Wales which reflect the delivery landscape and the skills and capabilities of providers. 

Driving performance improvement 

It is important that probation is focused on the right outcomes, and that providers have meaningful incentives to achieve these. We also need to ensure that there is transparency and accountability of performance, and that the way we oversee services drives improvement. 

To drive performance improvement in the probation system we will: 

• explore options for future contracts that would pay providers to deliver core services while retaining incentives for innovation and performance improvement; 

• explore options for the key performance outcomes and measures that probation providers should be judged against in future contracts and service level agreements; and 

• support HMI Probation to implement its new inspection framework which will see providers inspected and rated annually. 

Next steps 

We want to see offenders successfully rehabilitated so they turn away from crime and make a positive contribution to society. Wherever possible we want this to happen in the community, reducing the need for short custodial sentences which evidence suggests have worse reoffending outcomes. To achieve this we need a probation system which commands the confidence of the courts and the public, supervises offenders effectively and protects the public, and works with others to give offenders the support they need to lead law-abiding lives. 

This consultation sets out our proposals for how we achieve this. We now want to engage with a wide range of stakeholders to seek views on these proposals, listen to the experiences and suggestions of others, and refine our plans for improving probation services.

Questionnaire 

We would welcome responses to the following questions set out in this consultation paper. 

Question 1: What steps could we take to improve the continuity of supervision throughout an offender’s sentence? 

Question 2: What frequency of contact between offenders and offender managers is most effective to promote purposeful engagement? How should this vary during a period of supervision, and in which circumstances are alternatives to face-to-face meetings appropriate? Do you have evidence to support your views?

 

Question 3: How can we promote unpaid work schemes which both make reparation to communities and equip offenders with employment-related skills and experience? 

Question 4: What changes should we make to post-sentence supervision arrangements to make them more proportionate and improve rehabilitative outcomes? (You may wish to refer to your answer to question 2.) 

Question 5: What further steps could we take to improve the effectiveness of pre-sentence advice and ensure it contains information on probation providers’ services? 

Question 6: What steps could we take to improve engagement between courts and CRCs? 

Question 7: How else might we strengthen confidence in community sentences? 

Question 8: How can we ensure that the particular needs and vulnerabilities of different cohorts of offenders are better met by probation? Do you have evidence to support your proposals? 

Question 9: How could future resettlement services better meets the needs of offenders serving short custodial sentences? 

Question 10: Which skills, training or competencies do you think are essential for responsible officers authorised to deliver probation services, and how do you think these differ depending on the types of offenders staff are working with? 

Question 11: How would you see a national professional register operating across all providers – both public and private sector, and including agency staff – and what information should it capture? 

Question 12: Do you agree that changes to the structure and leadership of probation areas are sufficient to achieve integration across all providers of probation services? 

Question 13: How can probation providers effectively secure access to the range of rehabilitation services they require for offenders, and how can key local partners contribute to achieving this? 

Question 14: How can we better engage voluntary sector providers in the design and delivery of rehabilitation and resettlement services for offenders in the community? 

Question 15: How can we support greater engagement between PCCs and probation providers, including increased co-commissioning of services? 

Question 16: How can we ensure that arrangements for commissioning rehabilitation and resettlement services in Wales involve key partners, complement existing arrangements and reflect providers’ skills and capabilities? 

Question 17: What should our key measures of success be for probation providers, and how can we effectively encourage the right focus on those outcomes and on the quality of services? 

Please respond online via the Ministry of Justice consultation hub where possible: https://consult.justice.gov.uk/hm-prisons-and-probation/strengthening-probation-buildingconfidence 

Thank you for participating in this consultation exercise.