Friday, 1 December 2023

That Bloke From Napo Again

Since we all learned the sad news of Mike Guilfoyle's passing, all who knew him will have no doubt been reflecting on their encounters with the staunch defender of the probation ethos. In addition to his 20 years as a frontline practitioner, Mike was a prolific author, speaker, raconteur and eulogiser for everything 'probation'. It was inevitable that our paths would cross almost from the very beginnings of this blog, and he remained a staunch supporter and contributor in a variety of ways right to the end. 

I particularly have fond memories of our regular wide-ranging conversations over a beer or several and his vast back catalogue of stories, anecdotes and informed reflections will be much missed, along with his turn of phrase and well-crafted use of the english language. 

Many will no doubt recall the 2014 Napo AGM at Scarborough when, as usual, Mike was proposing a motion and happily he very kindly provided me with a transcript of his somewhat revealing speech, containing as it does a strong hint as to why he ceased practising:-   

"Chair, Conference - Mike Guilfoyle, Professional Associate Member, Greater London Branch.

Colleagues, just before I left Probation in 2010, a Senior Manager described my relationship with the service as akin to a 'marriage that had broken down due to irreconcilable differences'. My retort was that it was more like an 'enforced separation occasioned by unreasonable behavior'. A politically driven and bewilderingly stupid bureaucratic target mania meant that processes trumped people. What now of the totemic achievement of Trust Status, ostensibly set up to liberate probation from the suffocating prison-centric carapace of Noms? An association that has since proved to be, as this union knows all too well, a truly unmitigated disaster for probation. Although in spite of these enforced changes and NOMS bullying culture, probation still performed!

My late mother used to say 'I know that something's amiss in probation when I see one of Michael's letters in the papers'. Indeed former General Secretary Judy McKnight once paid me the accolade of being an 'indefatigable letter writer' intent as I was in rebutting in letters and debate some of the lattice of half-lies and MoJ speak that has so soured the probation landscape. And I take some wry satisfaction from the belief that at the MoJ there is a fusty sub-office entitled 'replies to Mike Guilfoyle'. At one MoJ presentation a civil servant in an audible whisper to a former Justice Minister and with weary familiarity noted after I had asked a pointed question on TR, 'it's that bloke from Napo again'..

Conference, I arrived late for AGM yesterday (missing Ian's Keynote Address) as I was being sworn-in as a newly appointed Magistrate. Greater London colleagues please note that I will be sitting on the SE London bench. Due notice having been shared, but I can promise you that I will continue to unashamedly champion probation at every available opportunity.

At the reception following the swearing-in ceremony, a magistrate colleague asked 'who is speaking up for probation these days?' I hesitated for a moment, 'of course this union with its many parliamentary, academic and high profile supporters'. The now defunct Probation Association in its valedictory report 'A Parting Shot' provides a grim timeline leading up to its own, dare I say it predictable, demise. Aside from a snide reference to Napo, and some self-serving, supine observations noting without a hint of irony the positive engagement of probation trusts in securing thus far an almost unruffled passage for a politically driven TR timetable.

It is important to acknowledge the principled and fearless contributions from a handful of PA members in the fight to save the Probation Service. How could such an untried, untested and uncosted and unevidenced ideological experiment pass with such little vocal dissent? I note the MoJ's Stalinist gagging clause, but what a truly shameful collusive silence in the destruction of the service has shrouded the PA's dismal epitaph. The paper does however provide a tally sheet of pivotal questions which should send out a clear message to politicians to think again before rushing into a hasty CRC share sale. If this is allowed to proceed will those with the power and influence look back and recoil when they fully appreciate the true consequences of TR? Will these reforms reduce reoffending? Has the CRC bidding process enabled funding to be released for those serving under 12 months? Is the Payment by Results mechanism now just a specious loss leader? How much have these reforms 'really' cost? What has been the lasting effect on staff professionalism, engagement, morale and motivation?

Colleagues - you are now at the sharp end of this pernicious TR process. The service and union are at an existential moment. We know that Chris Grayling has nothing but withering contempt for all those who he sees as a hindrance to his dismantling not only of an internationally recognised Probation Service but a decent, accessible and humane Criminal Justice System with a veritable origami of private providers perched to feed off the carcass of an already fragmented service. With a contract culture displacing any semblance of public accountability, just how many Judicial Review's can he afford to lose before he bows out? If ever the designation of defender of justice was so poorly served in one office holder. And as for Lib Dem Justice Minister Simon Hughes stating at his party's Conference 'Day in, day out we are holding Ministers feet to the fire on justice issues' - seems TR has yet to flame up!

With the run-in to the 2015 election now months away and the prospect of further targeted draconian public sector cuts in store, whatever the political stripe of the party in power, this union, in spite of its recent travails, remains a bulwark and bastion in defence of a publicly owned and accountable Probation Service.

With the planned share sale now in December it will need to summons together its most resolute fighting strategies to challenge and defeat TR, raise a deafening cacophony of noise to resist the potentially irrevocable sale of CRC's to new (read single contractor dominant) commercial providers, cloaked by confidentiality and seemingly immune to public scrutiny, with profit the only driver, with rehabilitation being downgraded, a significant rise in Electronic Monitoring at the cost of more human interventions, and warehousing and processing becoming the name of the game?

This motion aligns itself with what Napo is already doing, it simply seeks to reaffirm and reinforce the need to critically question, challenge, call to account and record all responses from those politicians supporting the implementation of TR in the forthcoming election that it remains ideologically unworkable dangerous dogma and also serve to remind those now unthinkingly doing the bidding of politicians in the MoJ of the undoubted risks that when you decimate a professional probation service, things start to go wrong and this whole sorry TR mess crashes. The confidence of victims, communities, probation staff and partners, courts and users will take a very long time to repair.

Colleagues, it's that bloke from Napo again this time saying,
Conference, I move..."

--oo00oo--

The motion was of course about TR and the impending part-privatisation of probation by Chris Grayling. It was particularly blistering in relation to the collusion of probation leaders at the time:-

"This AGM views with considerable interest the valedictory report from the Probation Association (PA) ‘A Parting Shot -The Questions Remain’ published in July 2014. Colleagues will note that although the report offers a critical timeframe of the progress of the Ministry of Justice's Transforming Rehabilitation (TR) programme. The PA, with few honourable exceptions, offered little effective opposition to the unwarranted privatisation and abolition of a public probation service and maintained throughout this period a shameful collusive silence to TR, best captured in this tell tale quotation from page 7 of the NOMS Annual Report 2013/14: “progress could not have been achieved without the positive engagement and support we have received from Probation Trusts."

As was often the case, the motion was seconded by Mike's long term friend and colleague Chris Hignett, whose reflections published yesterday by the Centre for Crime and Justice Studies I thought are particularly poignant and rounded:- 

"Travelling back from Cambridge and that year’s McWilliams lecture, Mike Guilfoyle regaled us with another of his great passions: Ladywell Cemetery, its occupants and their histories. So encyclopaedic was his knowledge that, despite the train having to return to Cambridge when two-thirds of the way to King’s Cross and set out again, Mike’s discourse never faltered.

Mike was a great talker and had so much knowledge because he was also a great enquirer and listener, qualities that made him a fine candidate for his chosen profession of probation officer. Of course the probation service of which he was so proud, serving in Middlesex until amalgamation and many years in all, has been severely distorted since.

At least a part of the motivation for his regular contributions to the Centre for Crime and Justice Studies website was the hope of keeping the original idea of probation as a social work and justice agency alive. Advocacy for his clients and care for their well-being was at the centre of his work, as so many of his vignettes made clear.

But compassion of this kind, built on the injunction to advise, assist and befriend, inevitably led to disagreement with an increasingly unsympathetic management. Fortunately the lay magistracy recognised his humanity and desire to serve, and in more recent years provided a new home for his compassion and energy. His talent for individual support found fresh impetus, working as a mentor for the Longford Trust.

Enthusiasm for keeping abreast of the concerns of Napo and the criminal justice system more generally saw him as a regular speaker at Conference and perhaps, most intriguingly, the poser of apposite questions at any number of meetings, lectures and talks where these topics were to the fore.

As a consequence he had an amazing array of contacts, whom he could and did approach to be speakers at union branch meetings. He loved reading and regularly produced book reviews for the Probation Journal, realising, incidentally, how this enterprise could ensure he received desired texts almost by return of post.

Together with his appreciation of which organisations provided decent refreshments at their annual bashes, these small perks offered some reward for his diligence and the opportunity for this writer to get to the terrace of the House of Commons and meet many impressive people.

Indeed Mike’s generosity as a companion and loyalty to the causes he adopted are what I shall most miss. For others I suspect his love of football, of which in earlier days he was a keen player and always a fierce supporter of Manchester United, will probably be as important, while pride in his family and their extraordinary achievements will trump all of the above.

He was never a conventional preacher but his faith, to which he remained steadfast throughout his illness, enabled him to be amused at his pre-occupation with the Cemetery. His example wonderfully demonstrates that the role of the missionary, police court or otherwise, is capable of constant and enlightening reinvention."

Chris Hignett

16 comments:

  1. MikeG: "What now of the totemic achievement of Trust Status, ostensibly set up to liberate probation from the suffocating prison-centric carapace of Noms?"

    [ostensibly - as appears or is stated to be true, though not necessarily so]

    PA: "Trusts were to be allowed freedoms and flexibilities to be successful as business-like entities delivering high-quality, low-cost public protection, offender rehabilitation and punishment... In practice, Trusts remained constrained within a tight management relationship with MoJ through NOMS." (link to doc below)

    And most of the Trust senior management teams were overjoyed by this tight relationship - it gave them the opportunity to weasel their way into NOMS by "performing well" & "hitting targets" - aka shitting on their staff & the probation ethos for the purposes of personal advancement. They used 'probation' as a cloak funder which they developed & honed their managerialism, their bullying & satisfied their greed for power & reward.

    Its been said many times but bears repeat: Trusts were the dry run for TR & they achieved exactly what NOMS wanted - they installed managerial bullies & those that could be persuaded to follow the trail of shiny baubles & cash incentives, thereby opening the door to the reality of TR. Grayling (a truly odious thick-skinned bully in his own right) was simply the best puppet they could have hoped for & he excelled from NOMS' perspective.

    Many current probation staff perhaps don't remember or have any knowledge of the enforced transition to Trust status or the role of the Probation Association (PA): "The employers' organisation & corporate voice for Probation Trusts in England & Wales".

    https://www.napo.org.uk/sites/default/files/A%20Parting%20Shot%20-%20The%20Questions%20Remain.pdf

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  2. It's nice to have some validation of sorts from such a great man for my comment yesterday. It took me nearly two years to understand that probation was a about process and not people and t\hat the rules were not written down because they went against every ethos probation once had. Pity really.
    sox

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  3. I’m “ old school “ enough to remember Mike at conferences and had a great deal of respect for him and his support for our service!

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  4. I never met Mike Guilfoyle but read a lot of his stuff in the journal over the years. An advocate for old style probation values and a prominent voice against many of the changes which have decimated that which we believed in and joined up for.
    I have to admit that I was confused when I read the headline this morning. I thought in my ignorance it might refer to another ‘Man from NAPO,’ and that this other person, let’s call him Dr. Griffin, is being paid to do these things yet remains steadfastly silent.
    I’m sure Mr. Guilfoyle and his peers had a view on the subject.

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  5. I had the fortune to transfer a case to Mike’s area and rather than the bureaucracy that exits today a few phone calls between us and the job was done, it was a brief interaction but I’ve always been proud to say that “I once transferred a case to Mike-the easiest transfer I ever did”

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  6. Mike was a great guy a character and compassionate a raconteur, contrast that with the shower we have now 20 something robots

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  7. https://www.independent.co.uk/news/uk/home-news/prisons-crisis-overcrowding-austerity-tories-b2455509.html

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  8. A new and recommended book on prisons and probation from the U.S: https://www.amazon.co.uk/Correction-Parole-Prison-Possibility-Change/dp/1250758807/ref=tmm_hrd_swatch_0?_encoding=UTF8&qid=1701498824&sr=1-1

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  9. On 29 November 2023, the Data Protection and Digital Information Bill was passed by the House of Commons by 269 to 31 votes. A Labour Party spokesperson said “We support the Bill” and the party abstained on the vote.

    "The new tyranny isn’t ushered in by some communist, socialist or military regime but by a right-wing elected government.... The latest weapon is the Data Protection and Digital Information Bill which puts the bank accounts of 22.4m people under constant surveillance."

    "The Bill uses developments in electronic transactions and artificial intelligence to place the poor, disabled, sick, old and pregnant women under surveillance. No court order is needed and affected individuals will not be informed. The Bill enables Ministers to make any further regulations without a vote in parliament."

    The government says the Bill “would allow regular checks to be carried out on the bank accounts held by benefit claimants to spot increases in their savings which push them over the benefit eligibility threshold, or when people send more time overseas than the benefit rules allow for. This will help identify fraud [and] take action more quickly.”

    https://leftfootforward.org/2023/12/prem-sikka-how-the-data-protection-and-digital-information-bill-is-the-governments-latest-erosion-of-hard-won-rights/

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    Replies
    1. Looks like a strong endorsement for a return to cash transactions to me.

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  10. Stop press from Twitter:- College of Policing have reviewed all the evidence and:-

    "The review looked at 116 research studies: 93 from the US, six from the UK; nine from elsewhere in Europe; and eight from other countries. And the answer?

    "This review found that on average, custodial sanctions increased reoffending compared to noncustodial sanctions."

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    1. I'd argue that that the 12mth supervision period imposed on those post release after receiving a short custodial sentence is just as damaging, non productive and just as pointless as the short custodial sentence itself.

      Lengthy, but insightful.

      https://onlinelibrary.wiley.com/doi/full/10.1111/hojo.12517

      'Getafix

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    2. Great stuff 'Getafix!

      Abstract
      Introduced as part of the Transforming Rehabilitation (TR) reforms, the Offender Rehabilitation Act (ORA) 2014 promised to offer resettlement support to individuals serving short sentences – a cohort which has long been neglected in penal policy and research discourse. Featuring the perspectives of 16 men serving a short sentence in England, this empirical work argues that there is a dissonance between the rhetoric of the additional support promised and the reality these individuals experienced. The pains literature is used to demonstrate how a perceived lack of institutional care and attention led respondents to feel invisible and insignificant. This caused service users to internalise a sense of reliance for their own resettlement. However, the ability to achieve this is predicated on possessing the necessary capital. Paradoxically the more an individual cycles around the revolving door of repeat short prison sentences, the more this capital becomes eroded, leading to the particular pain of burnout. The article concludes by advocating for a presumption against the use of short sentences in England and Wales.

      Extract from conclusion:-

      Instead of fighting a losing battle against the prison to be the toughest, significant funding needs to be given to probation services and related community services including those concerned with housing, mental health and substance use, in order to make community orders more attractive and viable to sentencers. This will help to ensure that the short prison sentence does not remain the dominant form of punishment for the petty persistent offender. One recent initiative to address this has been the Community Sentence Treatment Requirement Protocol (Ministry of Justice, 2018). This pilot programme recognises that mental health and substance use are prevalent issues among offenders, but that suitable community requirements have been significantly underused, primarily due to barriers to accessing these services and a resulting lack of confidence among sentencers. To mitigate these issues local panels of psychologists and health experts sit alongside sentencers to improve collaboration. Initial results from these pilots suggest that they have been successful in reducing the use of ‘ineffective’ short sentences and as having led to lower rates of reoffending (Ministry of Justice, 2018, para. 2). This suggests that extending the use of the Community Sentence Treatment Requirement Protocol nationally may help to encourage the use of community sentences over a short prison sentence. A final important element to consider is the role of pre-sentence reports. The Target operating model (HM Prison and Probation Service, 2021) recognises that the numbers of these reports have fallen in recent years and understands the need to promote their use. Doing so will help advocate for the value of effective community orders to sentencers.

      However, in this current political climate, the likelihood of a presumption against short sentences being introduced seems highly improbable. In previous governments, there has been significant contestation by the various Justice Ministers regarding the effectiveness of short sentences. Kenneth Clarke initially spoke against them (Kirkup & Whitehead, 2010) and David Gauke advocated for a presumption against short sentences while Justice Minister (Ministry of Justice, 2019). However, before any concrete reforms in this area could be enacted, both left their positions and were replaced by ministers who took a tougher approach. Furthermore, the populist rhetoric of the current Conservative government suggests a move away from a presumption against short sentences or any notions of what might be perceived as ‘soft justice’. The result is that once again, individuals serving short sentences continue to be insignificant in policy discourse.

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  11. https://www.crimeandjustice.org.uk/resources/remembering-mike-guilfoyle

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  12. Great to see another JP champion probation. I'm going the opposite way from (young) JP to PO via a CRS provider. I learned more about the work of probation in a week working with the staff than 3 years on the bench

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