Napo at Work in the South West 18

As usual, thanks go to the reader for forwarding the following:-

Napo SSW Branch report 26

November 18
Dear Napo members,

It has been a little while since my last branch report although thanks to Denice James for keeping us informed in the interim this summer.

There have been a lot of developments and ongoing issues with few resolutions. To help make this report easier to reference I have added a content list. I will keep the detail short as there is too much going on across the Working Links controlled territories. Recent dispute meetings in Cardiff saw revelations that Aurelius were due to meet the MOJ. Either keep floating the failing and broken Working Links or to pull the plug. I suspect the MOJ will have done a deal, whereby they pay to continue funding up to the new proposed contract periods. It is known that Aurelius have two debenture notices served on Working Links to ensure they are first in the scrum if and when Working Links finally fold.

1 MSC call centres and the return to 1-1.
2 Building Confidence - Probation consultation.
3 1% Pay contractual pay increase
4 Travel ban
5 Unpaid work
6 HMIP
7 The Certification Officer issues Peros v Napo

Minimum Service Contacts.

It has all started to unravel faster for CRC contractors since the Parliamentary Report about the national probation scandal which, we have all endured to date. From that we saw the recent directions and contract variations to all CRCs to return to some meaningful work in the restoration of one to one working. Already there are talks nationally of the Working Links way to find a few loopholes in that new direction. That said, we understand these sorts of re negotiations are inevitable but at the short sides meeting NAPO are clear we want to see a return to proper offender focused working. SSW branch have made it clear that we support all we can to adapt current staffing and processes to ensure DDC at least achieve this. However, the unions are absolute that all terms and conditions will be protected and voluntary engagement to change staff roles will prevail from the flawed current call centre model.

NAPO SSW criticised this direction from the start and lodged the dispute that has run for 2 years or so. We have vindication for the SSW branch, steadfast rejection of the Working Links failing model. The Recent direction from MOJ is back to some form of case management that requires one to one working with the person. This is long overdue and a real smack to the dissolution of years of expertise being dumped by private interest.

In turn talks have opened up for the minimum service contacts (MSC). We are in agreement to support the process of expressions of interest as the first step to recruit staff properly to adapt, develop, or return to familiar ways of working with people than what we have seen under the so-called innovation of privatised working and their call centre coverall. The problems yet to be resolved will include staff locations, numbers of staff, the backlog of cases, immediate take up of new cases, and training - all compounded by an organisation that has shrunk to a fraction with too much work. No agreement to date on caseloads and weightings, yet they carry on regardless.

2 Building confidence probation consultation.

In September Napo SSW submitted a large contribution from the branch on the consultation questionnaire. The MOJ put out a number of questions, not all of which are relevant for a consultation period, then half way through changed the game by adding questions. It would have been smarter to extend the period too. In any case, I could not imagine anyone would be supporting the continued splitting of the service. Most people contributing to the survey will easily work out it is a ploy. It may be to provide the MOJ with evidence to undermine the PAC report.

The full submission by the branch has been circulated and we wait to see what affect if any there might be. It was clear the plan was to influence the new contract not to stop the same errors. The current decline across all standards is breath-taking.

Sadly, though this has a link to the NPS Pay deal. Running through the argument for NEVER paying equal rates for staff in CRCs or parity is this little gem from the PAC report.

PAC

107. Section 4 of the Offender Management Act 2007 provides that “the giving of assistance to any court in determining the appropriate sentence to pass, or making any other decision, in respect of a person charged with or convicted of an offence” is reserved to “a probation trust or other public body”.189 In practice this means that only the National Probation Service, and not Community Rehabilitation Companies, can submit pre-sentence reports (see footnote for definition) and provide advice to the courts.190 The NPS has a dedicated team of report writers servicing the courts.191

This disconnect from the officers of the court argument actually removes many of the cornerstone arguments that used to be part of the pay structure ownership.

When we see the new contracts, I doubt it will build any confidence anywhere after the last 4 years of the spiral fast ride to the bottom. Reduction of this contract out two years early cannot come soon enough but the real fears and concerns we have include the probation senior management and the difficulties they have faced in the contract years of working under the sheer excessive ebullience of the privateers. (We do not hear much of that talking up now).

Some of the senior management’s pressures were being driven to dump all they knew of best practices and to make cuts wherever told, their concerns being ignored and quelled. I can assure members that Napo is aware of many factors that encourage us to support the senior management team, as we all start looking at what the new transition arrangements are going to become. It will impact on them as much as any staff and we cannot predict what we will all face post the consultation influences. Larger areas will likely mean more rationalisation. Meaning more profits potentials.

3 1% contractual pay increase

Members will know that we have been attending some meetings with the Working Links senior management and probation senior management teams. Back as far as March we heard pledges for the timely payment of the contractual 1% to be awarded to staff but to date this has still not arrived. At our meeting in Cardiff the lead for Justice stated that the Working Links board have met and decided to pay the entitlement some 7 months late. We had thought the threat of charging the interest on the belated money might have had a part to play. However, when the arrangement was communicated in writing to the union sides the management had taken out of the increase a small number of staff who had a cost of living rise based on pay scales earlier in the year. Members will realise what a PR disaster and penny-pinching approach to staff salaries this was and what a derisory attitude from the Working Links way. In all fairness a few heavy end criticisms and some pretty fast e mails exchanged saw Dawn Blower head of justices make a case to include those staff for the entitlement than just see the lowest paid end up on a time marking lost award. All credit to Dawn Blower we had not expected her immediate intervention to resolve the latest tension and yet she managed to ensure that money is now committed to our hard-pressed staff.

4 Travel Ban

The Working Links Way has seen them order a travel ban for all staff except under some circumstances. It is fairly clear to most people in this industry what damage this will do to working relations across the organisation. The need to grab back all the essential duties based on cost just illustrates what sort of financial constraints they are trying to deliver their targets under. Some of us do not actually believe they are genuinely trying to deliver anything at all other than to get the contract taken off them. We all know that MOJ will squeeze blood from a stone to keep this flagship fiasco afloat. It is no joke when we are all aware the Working Links financial director is consulted on every expense more than 20 quid! They have ordered a zero-white goods replacement and all products that may be ordered have to be none brand names and the cheapest option. There is a tactical delay in paying staff expenses as I have received several complaints and disability related payments for staff also. Any attempts to claw back running costs only hasten the decline of the services. What happened to all the spouting and pouting of private enterprise innovation managing millions of pounds of public monies. A touch too much of the boasting self importance. Their latest planned disaster area for the SW is the removal of phones and having Skype computer calls only. Avoiding the phone bills won’t improve the services.

5 Unpaid Work

The poorest treatment and declining standards to staff is the current treatment of unpaid workers in CRC contracts. The worst documents I have ever seen are those that deride remove and strip away any employment rights. As if it is okay to ask workers to sign away lawful statutory rights. The Working Links way has seen staff in role through agency or sessional to be facing real pay reduction, no proper annual leave agreement, and zero hours no commitment. There are no disciplinary investigation protections, no employment protections and no sickness protections. It is beyond anything we have seen to date and currently they claim the unions have agreed the position since TR. For members record we will be writing to the management shortly on the issues seeking some talks and clarification. To be clear none of the unions would have agreed any such zero hours contract and nor would we, ever. We will look to ensure all those staff being turned over what are their lawful protections and to ensure we access such rights for our members interests.

On top of this, there are record numbers of stand downs, lack of work places, and van spaces for participants. Offenders on orders have no chance of being completed within 12 months. Angry stories where participants turn up for work having travelled far, who have lost pay from their work to be there only to be sent home due to lack of space. Innovation and privatised interest clearly failing to deliver any comprehensive and equitable area wide services. The public sector managed all this and was so well organised and more efficient in the past. In Torquay the CP workshop has been closed when there has been no obvious explanation. In Dorset it is reported little weekend activity and no weekend CP in Exeter. Cornwall is doing well considering the staffing issues and the very real threat to ensuring the great works in that area continue.

6 HMIP

The inspectors have started their much-awaited inquiry and no doubt after the failings of the Working Links way and models dipterous report last August in BGSW, we will be in for some interesting reading. No doubt it will be raising eyebrows, tensions and anxieties in the Working Links way although we wonder do they care anymore. Did they do anything to learn from that experience?

The writing on the wall is a reduced contract period, a working model discredited, and a lack of staff and resources to deliver anything decent. As I write this report, indications are that it is unlikely the HMIP will be ordering commendations and celebratory medals and tie pins. Sadly though, I doubt there will be little holding them to account either. We look forward to March when that report is due to be published, if not sooner, and we urge all staff to continue the policy to tell the inspectors how it really is.

7 The Certification officer Peros V Napo

The substance of the case before the Certification Officer was basically straight forward. There were 4 complaints cited of breach of Napo Constitution and Disciplinary Rules by the Co-Chairs and one Vice Chair and the General Secretary. At the heart of the case was the question “are all members entitled to be dealt with in accordance with the Constitution - whatever the circumstances - or is it legitimate for Napo Officers and Officials to disregard the constitution?

The defence put forward by the Napo Barrister, supported by two lawyers, was that the issues of protecting confidentiality relating to Napo staff members meant the Constitution and Disciplinary Rules were not appropriate.

The Certification Officer was not persuaded by this argument and all 4 complaints of breach against Napo which, had been lodged by my representative, were upheld.

In her determination the Certification Officer declined to make an order against Napo making it clear her reason for not doing so was “Such an Order would, however, add nothing to the current position whereby all members are required to comply with the Constitution and Disciplinary Rules”. It is important to note that during the 12 months prior to the Hearing the Co-Chairs and Vice Chair failed to take up no less than 8 separate offers made by my representative to meet face to face on a “without prejudice” basis, in an attempt to resolve the matter. At least now, no other Napo member will ever have to experience the abuse of power to which I was subjected for over 12 months.

I thank warmly the fantastic role and skills of the lay representative acting for me, Dave Rogan. Ex Napo national rep with all the skills and intelligence to demonstrate in writing and argument everything that anyone on the NAPO officer’s team should have respected, understood, and acted properly on behalf of the membership they serve. The wonderful support of the whole Napo SSW branch executive. Great team, great people, those brave witness statements and our clever friends.

As Marx once said (Groucho, that) – ‘who would want to be in a club that would have someone like me in it.’ I have to say after the experience of that group on behalf of Napo I do have to think long and deep about that. However, and before then I am a real trade unionist and for me that comes first, whatever it takes.

Dino Peros

Napo SSW branch Chair.