Wednesday 3 July 2019

Latest From Napo 190

From the most recent edition of Napo News Online:-

The ‘Mixed Market’ and the lessons from the Serco UPW Fiasco

Whilst Napo members will welcome the Government U-turn which will see the transfer of Offender Management work to the NPS England and Wales by April 2021, the evidence against leaving Intervention services to the vagaries of the market are writ large in the failure of the last experiment.

On the 6th February 2014 Chris Grayling, then Secretary of State for Justice, announced to Parliament that he intended to terminate Serco’s Community Payback (London) contract by the end of that year. This followed an earlier award to SERCO of the entire Unpaid Work Service in 2012 with the intention that it should deliver this until at least the autumn of 2016.

The decision came after compelling evidence that Serco’s approach to delivering this critically important intervention regime had been a mixture of disorganisation and financial ineptitude. The flaws in service delivery were also graphically exposed in a BBC2 ‘Newsnight’ feature involving ‘whistle-blowing’ Napo members. They told of serious failings in the contract and embarrassing examples of community service projects not being properly supervised due to staff shortages, along with serious inaccuracies in the reporting of offenders who had failed to turn up at their appointments. By now, none of this came as a surprise to Napo members who were well aware of the Serious Fraud Office investigation involving SERCO, where allegations of ‘tagging the dead’ to falsely record the numbers and names of people wearing an electronic tag were in need of some answers.

In March 2013 Napo wrote to Michael Spurr following Chris Grayling’s statement to the Justice Select Committee that the Serco contract had produced savings of 40% since its commencement. Napo demanded to know how this figure was arrived at. We also asked for a costing of the work carried out prior to the transfer on legal and consultancy advice and the time spent by NOMS and then London Probation staff time in drawing up the bid. Michael Spurr’s reply was that the 40% figure was a re-working of the often repeated MoJ claim that the contract was to save the taxpayer £25 million (37%) over the life of the four-year contract, and that he could not reply to our questions on costing due to ‘commercial confidentiality’.

In the May/June 2013 edition of Napo News, Pat Waterman then Greater London branch chair and Sarah Friday Napo National Official co-authored an article: ‘Lessons learnt from the part privatisation of London Community Payback’ in which they highlighted the scale of job losses. Pat wrote: “Over 300 LPT staff were transferred to Serco on 30 October. However, no sooner was the ink dry on the trade union recognition agreement when Serco announced its plans to make 99 redundancies by way of a severance scheme”, adding: “The scale of the job losses arising from the privatisation of London CP is one of the most devastating things about it, with nearly 200 jobs being cut from a pre-privatisation total of around 550 (including about 100 casuals)”. In addition to the above job cuts in June 2013 Serco made a subsequent round of 10 redundancies – this time to managerial grades (senior and field managers).

In December 2013, Napo General Secretary Ian Lawrence, commented on the Serco decision to withdraw from the MoJ competition to become a primary provider of probation services, (due to the SFO investigations into their activities as well as another outsourcing giant G4S). Ian said: “Despite their clear transgressions, both companies may still be allowed to work with other potential suppliers to support the Governments’ objective of achieving a diverse market in Probation”, adding that: “We will now be using this as further evidence to parliamentarians that both companies have proved themselves to be unfit for purpose in terms of their contracts within the justice sector”.

The pressure was mounting, and by the end of 2014, the 129 full time equivalent staff had been subject to a messy transfer from SERCO into the newly created London CRC (Community Rehabilitation Company). The MoJ claimed that this move would assist the national Transforming Rehabilitation programme, but most commentators believed it was because the Government wanted to downplay the news of abject failure, especially as the announcement appeared as a footnote in a wider MoJ announcement.

Exposing the myth of the ‘mixed – market’

Clocks forward to the present; where it appears that this Government has not only failed to heed the lessons of the past, but seems intent on repeating them. The mantra that there is still a market for Interventions and Programmes in the face of all empirical evidence to the contrary is pushing credulity to its absolute limits.

The past failures of Serco, along with those of a vast majority of CRCs (that’s the companies not our members who have worked damn hard to keep them afloat) as evidenced in reports by the Chief Inspector for Probation, the National Audit Office and two parliamentary select committees, have not exactly concentrated the minds of people who ought to know better in number 102 Parliament Street.

It seems that money is no object when it comes to presenting Interventions as some sort of second-rate accoutrement to a client’s contact with probation. In the face of what we know to be an extremely sceptical response to new contracts by current CRC owners, the MoJ spin machine has gone into overdrive. The GOV.UK portal regularly spewing out unintelligible material extolling the so-called benefits of a probation mixed-market to would be purchasers. Some have confided to Napo that the prospect has about the same allure as the ‘snake oil’ once peddled by travelling Wild West salespeople.

Anyone can see that whatever wheels Grayling thought were on his TR bandwagon came off a long time ago. Even before he embarked on his gargantuan personal disaster he could have seen, (but chose not to) that the London Serco CP experiment was its X-rated prequel. The privatisation of London Community payback (just like TR) was a scandalous waste of public money, it seriously impacted on public safety and, in the view of the Probation trade unions, is still in breach of an International Labour Organisation convention on forced labour.

Napo will simply not settle for the significant victory that we secured on 16th May, and we have wasted no time in doubling our campaigning efforts to fix probation. Our ultimate objective is to see all probation work under public control with not-for-profit third sector partners providing the additional assistance that worked so well for clients and the taxpaying public before the TR disaster divided a once gold standard service.

Ian Lawrence and Sarah Friday

11 comments:

  1. Danny Shaw BBC today:-

    A judge has approved deferred prosecution agreement between Serious Fraud Office & Serco over the tagging scandal. Lisa Osofsky from SFO says Serco “engaged in a concerted effort to lie to the Ministry of Justice in order to profit unlawfully at the expense of UK taxpayers”.

    Serco have to pay £19.2m and SFO costs, having already paid MoJ £70m as part of a civil settlement. Investigation began 6 years ago. No word on the tagging investigation into G4S which is believed to be continuing.

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  2. The Serious Fraud Office today announces that a Deferred Prosecution Agreement (DPA) with Serco Geografix Limited (SGL), a wholly-owned subsidiary of Serco Group, has been approved in principle by Mr Justice William Davis. On Thursday 4 July 2019, the SFO will apply for final approval of the DPA before the same judge at Southwark Crown Court.

    If approved, the DPA will result in a payment by SGL of £19.2m and payment of the SFO’s costs. Compensation to the victim of the conduct, the Ministry of Justice (MoJ), has already been paid by Serco as part of a £70m civil settlement in 2013.

    Accompanying the DPA with SGL is an Undertaking in which Serco Group assumes certain obligations including ongoing cooperation with the SFO and further strengthening of its Group-wide Ethics and Compliance functions, as well as annual reporting on its Group-wide assurance programme. Separately, Serco have agreed that this annual report will be provided to the Cabinet Office.

    In entering the DPA, SGL has taken responsibility for three offences of fraud and two of false accounting arising from a scheme to dishonestly mislead the MoJ as to the true extent of the profits being made between 2010 and 2013 by SGL’s parent company, Serco Limited (SL), from its contract for the provision of electronic monitoring services. The scheme was designed to prevent the MoJ from obtaining information to which it was entitled and from using this to decrease SL’s revenues under that contract.

    The SFO has agreed in principle to this resolution based on a number of factors, including SGL’s prompt and voluntary self-disclosure of the conduct giving rise to the above charges, its substantial cooperation with the SFO’s investigation, and its significant remedial efforts – achieved through company-wide efforts undertaken by Serco Group. These include prompt and complete disgorgement and compensation paid to the MoJ, implementation of a multi-year, Group-wide Corporate Renewal Programme, a complete change of senior management, and the agreement of Serco Group – despite not being a party to the DPA – to guarantee SGL’s performance of its obligations under the DPA and to commit to substantial cooperation, self-reporting, and compliance-related obligations of its own.

    The matters that are the subject of the DPA were reported to the SFO by Serco in late November 2013. This followed the launch in October 2013 of an investigation into Serco and its employees in respect of the electronic monitoring contract, which initially focused on the question of whether SL had improperly invoiced and been paid by the MoJ for electronically monitoring subjects where no actual monitoring of those subjects had taken place. These matters are not the subject of the DPA and having been fully investigated, no criminal charges are to be brought against Serco based upon them.

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    1. The Director of the Serious Fraud Office, Lisa Osofsky said:

      “SGL engaged in a concerted effort to lie to the Ministry of Justice in order to profit unlawfully at the expense of UK taxpayers. The SFO will pursue those who engage in this sort of criminal conduct so that they are held to account.

      This resolution not only ensures such accountability, but also recognises SGL’s voluntary self-reporting of the misconduct, its and Serco Group’s substantial cooperation with our investigation and Serco Group’s extensive corporate reform and other remediation. It also provides substantial assurances regarding the future corporate integrity of Serco Group, one of the UK’s largest government contractors.

      These measures are designed to achieve the goal of fair and transparent dealing with the Government and other market participants.”

      The full reasons for and the terms of the agreement will be given in open court at the public hearing of the application to approve the DPA, subject to any reporting restrictions ordered by the Judge to protect potential future criminal proceedings against individuals. Should the judge approve the DPA, the SFO will publish it.

      The hearing will take place at the Southwark Crown Court at 10.00am on Thursday 4 July 2019.

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    2. Notes to editors:

      1. The prospective DPA concerns only the potential criminal liability of SGL. Whilst it brings to a close the SFO’s investigation into the conduct of SGL and all Serco Group companies, it does not address whether any liability of any sort attaches to any current or former employee or agent of SGL, SL or Serco Group. The investigation into individuals in respect of SL’s electronic monitoring contract continues.

      2. If the DPA is approved:

      SGL would be credited for payments made pursuant to Serco Limited’s 2013 Settlement Agreement with the UK’s Ministry of Justice (MoJ), which fully offset the compensation (£12.8 million) SGL otherwise would be obligated to pay. This payment also represents disgorgement of Serco’s profits

      The term of the DPA is three years, during which time SGL agrees to:
      – Fully cooperate with the SFO and any other law enforcement and regulatory authorities and agencies
      – Promptly report any evidence or allegation of serious or complex fraud by itself, its parent entities or affiliates, or its officers, directors, employees, or agents that would satisfy the SFO’s criteria for case acceptance
      – Enhance and report annually on the effectiveness of its ethics and compliance programme.

      The DPA will be accompanied by an undertaking by SGL’s ultimate parent entity, Serco Group, to both guarantee SGL’s performance of its obligations under the DPA and to engage at a Group-wide level for the term of the DPA in cooperation, self-reporting, and ethics and compliance programme enhancements of a type largely identical to those agreed to by SGL.

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  3. I wonder how long in prison Joe/Jane Public would have got for a similar amount of benefit fraud....

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    1. And on cue, Serco make the news again, and as always its not for anything good.

      https://www.theguardian.com/uk-news/2019/jul/02/man-rafal-sochacki-died-heatstroke-london-court-cell-serious-failings

      'Getafix

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    2. A watchdog has said “serious failings” must be addressed after a man died from severe heatstroke after being kept in a transfer van and an unventilated court cell on one of the hottest days in London for years.

      Rafal Sochacki, a 43-year-old Polish national, died at Westminster magistrates court on 21 June 2017.

      An inquest jury sitting in central London concluded his death was most likely due to him being subjected to excessive heat.

      Sochacki was arrested on an extradition warrant on 19 June 2017 and taken to Wood Green police station. A prisoner escort-services van operated by the outsourcing company Serco took him to the magistrates court on 21 June, a day when temperatures reached over 30C (86F) in central London.

      The van taking Sochacki to court stopped at Charing Cross police station, where he spent 50 minutes in a cell inside the vehicle with the engine and air conditioning turned off.

      Sochacki arrived at court at 10am and was taken to a cell, which was not ventilated. The air conditioning at the court had not worked for weeks and the portable air-conditioning units did not provide detainees with effective relief from the heat, according to Sue McAllister, the prisons and probation ombudsman.

      The prisoner’s health deteriorated after lunch and he was found unresponsive in his cell at 2.45pm. He was found to have died of severe heatstroke and hypertensive heart disease. His body heat had reached at least 39.6C.

      McAllister highlighted a number of serious failings in a report published on Tuesday. The report noted the prisons inspectorate found no organisation had a good overall picture of the situation or would accept overall accountability.

      McAllister said: “I am very concerned that there were inadequate contingency plans when the court’s air conditioning failed.

      “We found some apparent non-compliance by Serco staff in delivering their contracted service and we have drawn this to the attention of both Serco and those responsible for the management of their contracts at HM Prison and Probation Service and HM Courts and Tribunals Service.”

      Deborah Coles, the director of the charity Inquest, said: “This shocking and preventable death must send alarm bells across the criminal justice system. That a vulnerable man in the care of the state can overheat to death is outrageous. Such blatant disdain for the most basic standards of health and safety was not only inhumane but proved fatal.

      “There is an accountability gap in the inspection and monitoring of court cells and the treatment of detainees. This must be urgently addressed at a national level. Without this, there is the ever-present risk of future deaths and harms.”

      Julia Rogers, Serco’s managing director for justice and immigration, said: “We have been working closely with the Ministry of Justice and already agreed new procedures to manage extreme temperatures in our vehicles and in the court custody suites. The MoJ will also be providing us with a new specialist heat sensory device, that was not previously required, to trial in the custody suites.”

      An MoJ spokesperson said: “Lessons have been learnt from this tragic incident. We have established clear procedures when court cells reach set temperatures and when there are excessive delays in collections, and all of our buildings now have ready access to a defibrillator.”

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  4. The MoJ is the wrong home for Probation. Too much centralised control and bureaucracy and political shenanigans. It is also clearly short of capacity and ability to run contracts, whilst clinging to the mantra of "It was shit but we just have to refine the contract". I rub my head thinking of ways to communicate with the powers that be: they are so invested in this, so rigid in their views, so earning extortionate salaries peddling this. Probation! We can do this! Are they pre-contemplation? PD? Traumatised?

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  5. Harking back to the strong leadership poor performance theme of so many inspection reports. I guess the message is meant to be that strong leaders are doing well in the face of austerity, grim resources, shortage of staff, .... but strong leaders should be calling it out and sorting it out. And a strong inspectorate likewise.

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  6. https://www.cityam.com/deloitte-fined-6-5m-in-serco-fraud-case/

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    1. Big-Four auditor Deloitte was today fined £6.5m and “severely reprimanded” for its role in Serco’s electronic tag scandal. The Financial Reporting Council fine was reduced to £4.2m after the auditor admitted misconduct in connection to the scandal.

      Serco yesterday agreed a deferred prosecution agreement with the Serious Fraud Office over three offences of fraud and two of false accounting between 2010 and 2013.

      Deloitte said its work in 2011 and 2012 was “below the professional standards expected of us. We have a programme of continuous improvement for our audit quality processes, which have evolved significantly since these audits were performed,” a spokesperson said.

      The FRC also slapped a partner at the auditor, Helen George, with a £150,000 fine, reduced to £97,500. George still works at the firm.

      The SFO yesterday fined Serco £19.2m over the same case. The fine was the result of a years-long investigation into how a subsidiary handled a government contract.

      Serco has already compensated the Ministry of Justice for the scandal over its contract to electronically tag released prisoners.

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