The Human Consequences of TR

As the MoJ considers how to fix the probation omnishambles, here's a timely reminder on the BBC website that TR has had a human cost:-  

Rise in deaths of offenders on probation since reforms

The number of people dying while on probation in England and Wales has risen by almost a third in three years, analysis of official figures shows. Campaign groups said there had been "institutional indifference" towards offenders released from custody. A social worker said her job had become "a treadmill of bureaucracy". The Ministry of Justice said a "great deal of caution was needed when trying to draw conclusions" from its figures.

The BBC's Shared Data Unit analysed Ministry of Justice data from 2015-16 to 2017-18. It found:

• Last year 966 deaths of ex-prisoners were recorded, compared to 752 in 2015-16
• About one in three of those deaths were self-inflicted
• In 2014-15, there were 558 deaths, but that was before 40,000 extra offenders were brought under supervision following government reforms

Caspar Capel was 43 when he took his own life while a resident at an Approved Premises, formerly known as bail hostels. He had borderline personality disorder and was troubled with depression and alcoholism for most of his adult life, contributing to many suicide attempts. Weeks before his death, Mr Capel had spent several months on remand waiting for sentencing after exposing himself to a train conductor while drunk. His mother Sue, said he had "no opportunities" for rehabilitation whilst on remand and kept a journal detailing how he wanted to kill himself.

She said: "I'd like to see offenders treated as whole people with a combination of problems which have led to the offending, and for the offence to be seen in the context of that person's history and mental health problems. Caspar wasn't offending because he wanted to gain anything from it, he wasn't aware he was offending, I'm sure. But he was very sad and angry - not caused by the drink, but exacerbated by it."

A review by the Prisons and Probation Ombudsman concluded there was nothing staff could have done to prevent Mr Capel's death, but acknowledged his complex history of mental health problems and alcohol misuse.

The arrangements for managing offenders were overhauled in 2014, with the probation service split in two. A new state body, the National Probation Service (NPS), which has eight divisions, was set up to supervise high-risk offenders, with 21 privately-run Community Rehabilitation Companies (CRCs) supervising low and medium-risk offenders. In March, the chief inspector of probation said the new system was "irredeemably flawed".

Frances Crook, the chief executive of the Howard League for Penal Reform, said homelessness, cuts to the voluntary sector and the spread of drugs such as Spice may have contributed to the rise in deaths. She added: "Whereas before we had a successful publicly-run probation service with qualified and trained staff who saw their mission as befriending and turning lives around, we now have a fragmented service with a tick-box culture where some people have not even met face-to-face."

One offender manager, who spoke on condition of anonymity, said: "When you lose a service user it has a massive emotional impact on you. Officers, when they know someone is quite vulnerable, will go above and beyond to try and mitigate some of that risk, but then there's frustration felt when services are in a similar boat to us and can't commit the time some of these service users need."

In Scotland, the work of the probation service is devolved to local authorities' social work departments, which are not required to record a cause of death for offenders under their care. Figures for 27 out of 32 councils that responded to a BBC Freedom of Information request, show there were 556 recorded deaths across Scottish councils since 2014-15.

A Scottish Government spokesman said: "The death of any individual, no matter what the circumstances, while on release under supervision or licence, is regrettable, and our sympathies go to their family and friends." Similar records from the Probation Board for Northern Ireland began in November 2016 and show a rise in deaths from 14 to 21 since then.

The Ministry of Justice said it was investing £22m to support offenders upon release. A spokesman said: "Our probation reforms were a positive change for public safety, extending supervision and support to approximately 40,000 extra offenders each year - nearly 20% more than in 2014. This significant increase in volume, along with the rising age of offenders and improved recording practices, means a great deal of caution is needed when trying to draw conclusions from this data." A programme to improve access to health services for vulnerable offenders with mental health, alcohol and substance abuse issues has also been launched.

Dr Jake Phillips, senior criminology lecturer at Sheffield Hallam University, said national records of deaths under probation had improved since he first began researching the subject nearly a decade ago. He said: "There's a fairly strong argument for saying we know a lot about why people kill themselves in prison, for example, because there's been learning taking place for the last 20 years or so, from a range of angles. Under probation supervision, we just don't know that."

Rebecca Roberts, head of policy at Inquest, said: "There's been complete institutional indifference towards the lives and deaths of people following release from custody and a total lack of visibility and investigation. Deaths have been rising year after year and we need more scrutiny on why this is, and what can be done to prevent these deaths in future."

By Vicky Gayle

BBC Shared Data Unit

The Shared Data Unit makes data journalism available to news organisations across the media industry, as part of a partnership between the BBC and the News Media Association. This piece of content was produced by a local newspaper journalist working alongside BBC staff.

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Article from Centre for Crime and Justice Studies 09/05/18:-

Jake Phillips, Loraine Gelsthorpe and Nicky Padfield provide an overview of their research into the deaths of people who die whilst under probation supervision.

Non-custodial deaths: missing, ignored or unimportant?

Whereas deaths in 'secure' or custodial settings have received considerable academic and policy attention, deaths that occur amongst those in the community have received far less attention.

Whilst the Prisons and Probation Ombudsman is empowered to investigate such deaths, this has never happened. Yet the mortality rate amongst people who are serving a sentence in the community is consistently higher than in the general population, and perhaps even higher than in custody.

In recent years, we have undertaken two studies (on behalf of the Howard League and the Equality and Human Rights Commission) which have sought to investigate this important social issue. In an article published in Criminology and Criminal Justice we have provided an overview of the findings and reflected upon the implications of our work.

Findings

We have found that women are more at risk of dying whilst serving a sentence in the community when compared to the general population, and that drug-related deaths and suicide feature heavily. In the research, for the Equality and Human Rights Commission, we focused on people who died of non-natural causes within 28 days of leaving prison and died by suspected suicide within 48 hours of being released from police custody.

Our analysis of government data found that the first week after leaving prison was the period of highest risk, with drug-related deaths being particularly prevalent. Of those people who died soon after leaving prison, a high number had committed acquisitive crimes. Data on the deaths of people who died by suicide on release from police detention showed that they were most likely to have been arrested for suspected sex offences.

In our research, for the Howard League, we analysed the paperwork that probation providers complete when an offender dies and identified a distinct defensive tone, especially where media interest was anticipated. Across both pieces of research our documentary analysis and interviews with police officers, prison officers and coroners identified aspects of policy and practice which might contribute to this high mortality rate. Issues of communication were considered key and participants referred to cuts to community provision which constrained their ability to make onward referrals where someone was in need of help.

The key finding, however, was the difficulty in finding relevant data and then, in turn, the realisation that the data that do exist are far from comprehensive. For example, the data we received about deaths of offenders in the community included many gaps. This raises questions about our understanding of the extent of the problem.

Why the neglect?

We have questioned why it is that non-custodial deaths are so neglected. We have narrowed this down to three broad factors: methodological, policy-related and sociological. Identifying causality or a definitive link between a period in police detention or prison custody and a subsequent death is very difficult, especially where one does not have access to coroners’ reports or case records. Moreover, probation staff appear not to update central records once a verdict at inquest is reached, which means that the cause of death is listed as ‘unknown’ in many cases.

In terms of policy, we have identified a lack of duty to investigate such deaths and wonder how far the massive structural changes in probation practice in recent years have compounded the lack of policy on this or contributed to a failure to implement policy. Finally, a sociological view focuses our attention on the ways in which community related issues receive much less attention than custodial ones. This body of work also highlights how institutions are focused on their own problems, leading to what Moore and Hamilton have termed ‘myopic exclusivity’ which means that the ability to ensure that someone is safe after they have left an institution becomes less important.

Conclusion

Overall, our research has shed light on key issues which underpin the high mortality rate upon release into the community after police detention or prison custody or supervision in the community. But the higher level finding, that such deaths appear to be side-lined when compared to deaths in other criminal justice institutions, is the main barrier that we need to overcome.

In order to address the high mortality rate, lack of knowledge, and general neglect, we advocate the creation of an ethic of care which ‘revolves around the moral salience of attending to and meeting the needs of others for whom we take responsibility (as individuals and as a state)’. Such an approach would enable us to understand the true extent of non-custodial deaths more fully, as well as encourage policies which might serve to prevent such deaths in the future.

Jake Phillips is Senior Lecturer in Criminology at Sheffield Hallam University

Loraine Gelsthorpe is Professor of Criminology & Criminal Justice and Director of the Institute of Criminology, University of Cambridge

Nicky Padfield is Professor in Criminal and Penal Justice and Master, Fitzwilliam College, University of Cambridge