Monday 1 October 2018

Criminal Justice and Labour

There's been much talk on here of late regarding the prospect of Labour reversing Grayling's probation privatisation. Here's Rob Allen musing on Labour's criminal justice policy in the wake of their conference last week:-

Labour Law

Did this week’s Party Conference tell us any more about the criminal justice and prison policy we might get from a Labour government? Last year’s election manifesto retained that most Blairite of slogans “Tough on Crime Tough on the Causes of Crime” and though the words weren’t used in Liverpool, Jeremy Corbyn continued to express the sentiment. For the leader, 10,000 extra police officers will play “a vital role in tackling crime and making people safer”. But “more police are only part of the solution” alongside investment in young people and communities.

Corbyn parts company from New Labour on the role of the private sector arguing that the G4S Birmingham debacle and a privatised probation service "on the brink of meltdown" shows that what has long been a scam is now a crisis. It’s a scandal, he promised that “Richard Burgon, the next Secretary of State for Justice will end.”

Mindful perhaps of how Jack Straw’s pre-1997 moral repugnance about prison privatisation came to haunt him, Burgon himself pledged only to scrap plans to build new private prisons. Whether this includes Glen Parva, where work is due to start later this year or future builds yet to be announced will all depend what contracts have been signed in the event that Labour come to power. The same is true of probation, but here Burgon has suggested that it will all be brought back into the public sector. Lord Ramsbotham’s task force is about how not if. But the key question may be when. Buying CRCs out of newly signed contracts may simply be too costly.

In the here and now, Burgon’s five-point plan to tackle the prison crisis also has pounds signs written all over it- in particular the recruitment and retention of more prison staff. There’s a lot of sense in the demands to tackle overcrowding and end short sentences but Labour are targetting only "super short sentences" of three months or less. That they are more timid than other parties should not be a surprise. Since 1945, prison numbers have on average risen twice as much under Labour administrations than Tory ones.

Whatever their magnitude, these changes require concrete proposals to make them happen. Labour's plan offers the chance of a cross party consensus. I’d like to see the law changed so that prison sentences can only be imposed when the offending is so serious that a sentence of 12 months or more is justified. That might take prison numbers down towards the 75,000 uncrowded places in the system.

A radical Labour government should go further than that. Four years ago - it seems a good deal more - along with others I gave evidence to a sparsely attended Justice Committee hearing on Crime Reduction Policies. Two of the five MPs who turned up were then backbenchers Jeremy Corbyn and John McDonnell. Corbyn showed himself to be a fan of the Justice Reinvestment approach promoted by the Committee some years earlier. “If the crime rate falls", he observed, "the prison population falls and there are greater resources available for reinvestment in crime reduction policies-a wholly virtuous circle. It was a great idea”. He was right, and it still is.


Rob Allen

25 comments:

  1. "Buying CRCs out of newly signed contracts may simply be too costly."

    True, presumably only if Gauke pushes ahead with new contracts, especially as the golden handcuffs applied by Grayling will be coming to an end (the "staged profit repayment clause", which would cover the loss of profits for the entire life of the contract).

    So what about the CRCs' failure to meet the targets they signed up to meet? HMI Probation, however meekly, has highlighted virtually across-the-board lack of success by the 21 CRCs, yet MoJ have not as yet imposed any of the penalties they claimed would keep the CRCs in check - indeed not only have they allowed the CRCs to keep the monies that were supposed to be withheld but they have adjusted the contracts financially in favour of the CRCs.

    A reminder of Grayling's capacity for unabashed deception on a grand scale:

    Hansard, 18 December 2014, Volume 589

    I am today signing contracts with the new owners of the 21 community rehabilitation companies (CRCs). This is another major step towards implementing the Government’s probation reforms.

    Despite almost £3 billion a year investment in prisons and just under £1 billion in delivering sentences in the community, overall reoffending rates have barely changed over the last decade.

    The very highest reoffending rates are among prisoners sentenced to custodial sentences of under 12 months. The current system is simply not addressing this problem— ​many of these prolific offenders, with a host of complex problems, are released on to the streets with little or no support.

    For the first time in recent history, these reforms will mean that virtually every offender released from custody will receive statutory supervision and rehabilitation in the community. The Offender Rehabilitation Act 2014 will extend this statutory supervision and rehabilitation to all 45,000 of the most prolific group of offenders sentenced to less than 12 months in custody.

    We are also putting in place an unprecedented nationwide “through the prison gate” resettlement service to support offenders from custody into the community.

    This is the most diverse market we have ever had for any competition in the Ministry of Justice. The contracts that I will be signing today demonstrate how we are bringing together the best of the public, voluntary and private sectors with a wide range of skills and experience to improve rehabilitation provision.

    In nearly all of the 21 areas, a mutual or voluntary, community and social enterprise (VCSE) organisation is involved at tier 1 or as a strategic partner, and six of the CRCs will be run with the involvement of a probation staff mutual. All new owners have included VCSE organisations in their proposed supply chains and 75% of the 300 subcontractors named are VCSE or mutual organisations.

    Our transforming rehabilitation reforms are part of a programme across the whole justice system, making it ready to meet the challenges of the future. We are creating a justice system that produces more effective and more efficient services for all—reforming offenders, delivering value for the taxpayer and protecting victims and communities.

    I have placed a copy of the final list of new owners in the Library of the House.

    It is also available online at: http://www.parliament.uk/writtenstatements.

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    1. "Contract Management Teams are embedded in each CRC, closely monitoring how all monies are used and robust processes are in place to ensure all expenditure is correctly spent."

      Hansard Written Answers, 15 June 2015 - Andrew Selous

      As far as I can tell there has never been any reference to these mysterious creatures when CRC finances are being discussed. In fact there is a jealous guarding of any financial information using the "commercially sensitive" defence by CRCs and MoJ. Who are they? What do they do? Why are they there?

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    2. "Our Contract Management Teams continually monitor and robustly manage providers on a local basis, taking into account the regional context, to make sure they fulfil their contractual commitments to reduce reoffending, protect the public and provide value for money to the taxpayer."

      Hansard Written Answers, 19 December 2017 - Sam Gyimah

      That's not what HMI Probation have found, so what do these Contract management Teams actually achieve - apart from employment for some lucky individuals who seem to be invisible, unaccountable & presumably well-rewarded for their incompetence?

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    3. This looks like a similar role, if anyone's interested (or can understand the lingo):

      3SC Senior Contract Performance Manager – Transforming Rehabilitation

      Salary: £39,000.00 /year

      3SC brings the voluntary, community and social enterprise (VCSE) sector to public service procurement opportunities, develops consortia and then manages their performance when in contract.

      We are working in the justice business space and want a Senior Contract Performance Manager to oversee the delivery of services and performance management of VCSE Delivery Organisations within the West Yorkshire and Humberside, Lincolnshire and North Yorkshire CRCs, and take responsibility for ensuring excellent performance in the delivery of the 3SC TR contract in those areas.

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    4. Or this:

      Senior Area Contract Manager - London CRC Contract Management
      Salary Minimum £59,482 - £71,381

      Accountable to the Deputy Director (DD), the SACM is accountable for overseeing delivery and development of the Rehabilitation Services system (covering community based and through the gate offender services and related partnerships) within their designated area of responsibility. This includes accountability for operational Community Rehabilitation Company (CRC) contract management and oversight of related interfaces with other providers in their designated area (e.g. the National Probation Service (NPS), prisons, Electronic Monitoring (EM), Bail Accommodation

      Support Service (BASS)) and for related stakeholder engagement, service planning, development and commissioning activity.

      Estimated CRC contract values range from around £12.9 million to £72 million, and they involve complex stakeholder and delivery chain relationships. The post holder is accountable for managing these complex, innovative contracts and for delivery of services that carry high levels of risk, that have not previously been commissioned in this way.

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    5. Or even this (clearly there's a whole hierarchy of such roles):

      Contract Support Officer - CRC Contract Management Midlands
      Salary Minimum £29,877 - £34,360

      This role is working with the Staffordshire & West Midlands and Derbyshire, Leicestershire, Nottinghamshire & Rutley Community Rehabilitation Company (CRC) Contract Management Team however there will be occasional travel to other locations in the area for meetings.

      Overview of the job

      Accountable to a designated Senior Area Contract Manager (SACM) the CSO will support efficient and effective CRC contract management within their Area Team. The post holder will also support the work of the local Operational Audit (OA) Team to quality assure and audit operational service delivery and deliver the Annual Service Operational Audit Plan.

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    6. They're everywhere:

      Contract Support Officer - CRC Contract Management South Yorkshire
      Salary Minimum £29,877 - £34,360

      This role is working with the South Yorkshire Community Rehabilitation Company (CRC) Contract Management Team however there will be occasional travel to London, Durham and Preston for meetings with other contract management team.

      Overview of the job

      Accountable to a designated Senior Area Contract Manager (SACM) the CSO will support efficient and effective CRC contract management within their Area Team. The post holder will also support the work of the local Operational Audit (OA) Team to quality assure and audit operational service delivery and deliver the Annual Service Operational Audit Plan.

      Providing secretariat support to the Senior Contract Managers and Service Managers; the Relationship Management, Service Management, Service Integration and Change Protocol Group
      ______________________________________________


      How many are there, FFS?
      How much is it costing?
      Who's paying for this?

      Erm, we are, the taxpayer. With the exception of the 3SC example these are all HMPPS posts, civil service posts.

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    7. But of course its far more complicated that that. Empire building is a very British thing:

      liaison with -
      National Operational Audit Team
      Commercial Contract Management
      Contract Management Support Unit
      System Development
      Relationship Management
      Service Management Group
      Service Integration Group
      Change Protocol Group

      You can't POSSIBLY close down the CRCs now. Think of all those hundreds of civil service jobs... (pity no-one thought of that when hundreds of Probation jobs were axed).

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    8. Spencer Draper is Deputy Director, CRC Contract Management at Her Majesty's Prison and Probation Service (HMPPS)

      Delete
    9. This is Spurr's spin on the CRC catastrophe (from HMPPS annual report):

      "There has been a general improvement in service level performance across CRCs for 2017-18. These changes have made a positive impact, but with further pressure resulting from the payment by results metrics, the financial pressures on CRCs will continue to present risks which require managing in the years ahead.

      Our contract management teams robustly manage compliance with contracts. Where a provider is not performing satisfactorily, we may impose a contractually binding ‘Improvement Plan’ setting out the actions to be taken, apply a ‘Service Credit’ to compensate us for our losses or, ultimately, terminate a contract for material breach. To date 67 ‘Improvement Plans’ have been put in place, 38 of which have been completed and removed, with 29 remaining in place."

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    10. Meanwhile...

      House of Commons Committee of Public Accounts
      Government contracts for Community Rehabilitation Companies
      Twenty-Seventh Report of Session 2017–19

      * In 2017, the Ministry was forced to adjust its contracts with CRCs because it pushed through its reforms too quickly and failed to anticipate foreseeable consequences

      * The Ministry accepts that the CRC contracts were plainly not working as intended and has agreed to pay them up to £342 million more of taxpayers’ money. But the Ministry could not explain what it is getting back for this extra commitment.

      * Despite this bailout, 14 out of 21 CRCs are still forecasting losses. This raises concerns about the potential for contracts, or providers, to fail.

      * 19 CRCs have not met their targets for reducing the frequency of reoffending.


      I reckon 19/21 is a 90% failure rate.

      And as for the evidence of Heaton & Spurr in Jan'18:

      Ricjard Heaton: we talked about the emerging discrepancy between volumes predicted at the time of the contract and the volumes as it turned out. We told the Committee then that we had work to do to stabilise the contracts in the light of those volume shifts... That was the first thing in the appreciable shift in volumes... in order to cost these contracts, a working assumption is that the volumes will remain the same. It was for all parties, including the CRCs, to test the contracts and to say they didn’t think it was right and to model it differently... Some of the divergences are not as great as you suggest. For example, for the cases going to the CRC, we projected, with the caveat I mentioned earlier, 80%, and in fact it is 77%, so it is not as wildly different as you suggest...

      Spurr: We have to accept that some of performance issues were because [the CRCs] were not investing to the extent that they had anticipated. That is why we had to address a fundamental issue in the contracts... The contracts recognised that there would be volume change... The expectation was movement of, on average, around 2%...

      Chair: Can I ask you about this business of overpayments to the CRCs? The MOJ has identified £9 million from the CRCs under the terms of the contract. This question may be for you, Mr Heaton, because apparently, as per paragraph 1.7 on page 18 of the Report: “The Ministry has not decided whether it will collect all or part of the £9 million due to ‘wider commercial considerations.’”

      Spurr: We rationalised [the CRC targets] in July, moving from 17 requirements to 12 requirements...
      Richard Heaton: Well, it is a detailed contract, and we have 12 performance indicators rather than 17. We will require them to deliver exactly what they were delivering before, but we will pay them slightly more for the lower-costed items.

      Spurr: I can absolutely see benefit from pilots, of course, and some PBR pilots were taking place prior to this... The Doncaster pilot and the Peterborough pilot were a different mechanism completely. They did not involve a statutory requirement for the under-12-month group...Actually, that pilot [Doncaster] was set on a very different basis.


      Schrodinger's CRC - the appreciable shift from 80% to 77% in volume was not as wildly different as YOU suggest but the 20% increase was to be expected while a fall of between 6% & 34% was unpredictable.

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    11. Dead or Alive - they keep on spinning!

      #The Pilots that we justified this with weren't really relevant
      #The Targets that we set we've reduced, so as to increase payments
      #The Volumes we based TR upon were only working projections
      #The Contracts we drafted were not our responsibility
      #The £9m in robust contract Penalties we'll let the failing CRCs keep

      Where's the problem? You got an issue with that?

      Delete
  2. For all political parties the CJS was always targeted as a vote winning exercise. The electorate were promised all kinds of wonderful reforms without any real attention being paid to the impact those reforms may have on the delivery of justice services.
    The piper now needs paying, and the political interference has created such a toxic, broken system no party really wants to touch it. But the crisis and chaos is so acute it can't be ignored.
    Unfortunately, its the same politicians that are responsible for breaking the system that are now charged with repairing it, and non really know their arse from their elbow when it comes to criminal justice.
    Instead of spending eye watering amounts on trying to repair and paper over a broken system, why not spend that money on developing a whole new CJS taking a more academic non political approach? Pragmatic and not political solutions?
    A presumption against short sentences is great, but its more complicated then that. It doesn't really take account of those, for example, on licence that are recalled for short periods.
    I don't know what percentage of the prison population is represented by those on recall, but I'd suggest it was quite high.
    Politically developed systems have failed and are broken, let's try a more academic approach.
    After all, shouldn't justice just be fair and without political influence and interference?

    'Getafix

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  3. Not sure why the need to publish this was felt today?

    https://northyorkshire.police.uk/news/read-about-how-we-manage-sexual-and-violent-offenders-to-protect-you-behindthescenes/

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  4. Home this evening from a barely functioning probation NPS probation office. IT wasn't working, heating wasn't working, short staffed, primarily due to sickness absences all of which appear to be stress related. Significant if small advances in the fight to win back some of the ground/profession lost through TR are in sight, but: and this is a huge but: the working staff are exhausted and traumatised. Getting any changes, even positive ones, executed, will take leadership, and there seems precious little of that in evidence. A major gesture needs to be made to evidence that staff on the ground are valued. A decent pay deal would be a start. And some clear communications about direction of travel, vision, values, principles.

    Pause

    tumbleweed

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    Replies
    1. Prison officers "working in the most hostile and violent conditions in Western Europe."

      OMIC?

      https://www.independent.co.uk/news/uk/home-news/prisons-violent-hostile-western-europe-jails-officers-poa-a8563106.html

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  5. I think it's the same scenario in most offices, although our heating is working.

    I agree, we need a huge pay increase but it's not going to happen. Whatever crumbs they throw to us will be I exchange for reduced annual leave. There isn't anything else they can take because they give us f**k all anyway.

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    Replies
    1. Your clothes, your boots & your motorcycle?

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  6. Am I in a parallel universe? One where there's any amount of published, documented irrefutable evidence of failure, cheating, lying & incompetence but everyone sits back & thinks its fine & dandy?

    TR, Universal Credit, Transport, Brexit, Banking, Climate Change, Education, NHS...

    Or is it Stockholm Syndrome, which makes Boris, Treeeza, Edwardian Moggy & Numbty Grayling our bestest pals?

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    Replies
    1. It's unusual not to hear something said about criminal justice from almost all that speak at the Tory Conference.
      However, Gauke speaks today and he's set to announce a crackdown on middle class drug users!!!
      The ignorance this displays is breathtaking. Such a policy will solve what exactly? The prison crisis? The broken probation system? Homelessness? Or just nothing other then create more pressure on an already overstreached police force?
      There is no solution to societies drug issues by targeting supply. Infact, that just makes drugs more expensive, makes criminals richer, and increases crime. If people who feed their habits through crime have to pay more for drugs, then they'll have to commit more crime to meet the extra cost.
      The solution to social drug problems lays in reducing demand, not supply.
      With the CJS in a state of such disrepair, death and violence everywhere, to announce a policy that will achieve absolutely f*** all but will cost more money is just disgraceful.
      Try fixing some of the chronic existing problems before you start creating new ones Mr.Gauke.
      This is just a nonsense.

      'Getafix

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  7. Time for a Pay thread Jim? Rumours and guesses.

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  8. Gauke began his speech by asking the delegates if Charlie was in the auditorium. Apparently he'd just been to the gents, found lots of attendees looking for Charlie and thought he'd help out. I'll get me coat.

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    Replies
    1. Apparently Boris was overheard asking where Mike Hunt is; did he mean Jeremy?

      I'll meet you in the queue at the cloakroom.

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    2. https://www.theguardian.com/politics/2018/oct/01/conference-or-crack-den-tories-john-crace

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  9. Pay thread please Jim. Why do we have to wait a fortnight to find out what's on offer? What have the union's given away in return for what?

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