Latest From Napo 146

Here we have edited highlights from the latest blog post by the Napo General Secretary Ian Lawrence:-

WORKING LINKS FOUND WANTING ON INSURANCE COVER FOR UPW FLEET

News reaches me that a number of Working Links employees were not covered by valid CP vehicle insurance in the Devon area from the period of 27th March up to last weekend. The ensuing chaos in the delivery of Community Payback was compounded by a previous delay with the delivery of fuel cards. I am told that this resulted in some of the van fleet being grounded miles away from their scheduled use last weekend with desperate staff using their own vehicles to transport offenders back from community service assignments.

It seems that someone at least had the nous to order a lock down on the use of all fleet vehicles within the operational areas while steps were taken to rectify the situation. A number of supervisory staff, understandably concerned about their legal position, used their own vehicles to tell clients at CP sites to stand down.

It is not clear at this stage whether this resulted in unsupervised clients having to make their own way home, but a number of issues have been raised with me by members regarding the loss of community service provision, estimated at the equivalent hours for 70 clients, and the impact on those organisations who expected unpaid work to be carried out on their behalf. There are also doubts being expressed about other vehicles owned by Working Links that are thought not to have valid MOT certificates.

No; before you say it I will. You could not make it up.

Workloads campaign is for everybody!

We sent out another reminder to members this week about the plans for Napo members everywhere: NPS/CRC/PBNI/CAFCASS to take part in the lunchtime demos on Workers Memorial Day on 28th April. This is a timely opportunity to get out in the sunshine or rain (whatever) and highlight the impact of workloads on you and your colleagues. It’s also another opportunity to open up a discussion with colleagues who are not in a trade union about why we are organising activities such as this.

An unpaid bill?

News reaching me from the NPS North West where members have told me that it has not been possible to make telephone calls this week from a number of locations and Approved Premises around Lancashire, as it is thought that bills have not been paid on time.

Fortunately incoming calls were possible and hopefully someone down at HMPPS in London will have taken advantage of this and enquired as to what has gone on exactly.

It’s a strange eco-unfriendly world in some CRC’s

Speaking of bills, CRC staff tell Napo that SEETEC are unwilling to pay for the cost of the tea towel cleaning contract (reported to be £8 per week) and have instructed staff to buy new ones and throw them away. Mixed views about this latest cost cutting exercise, with some well-founded speculation that the ‘buy and throw’ policy is likely to be more expensive and not too good for our environment.

Maybe we ought not to be too surprised, following the ‘buy and throw’ approach to staffing that some CRC owners adopted soon after winning the contracts.

Attendance Management and the need for consistency

The way in which the deeply unpopular HMPPS Attendance Management Policy was written and its chaotic application across the NPS, is a constant source of dissatisfaction among members.

We are doing all that we can, amongst the many other priorities, to challenge situations where we can and to offer advice to hard pressed Branch Reps. We are also in discussion with the POA about their current engagement with HMPPS on the policy.

For example, National Official Sarah Friday met with HR specialists from HMPPS this week. They confirmed that there should not be a cap on the number of days for invoking trigger points when allowing for reasonable adjustment, as each case will differ and should be judged on its merits. So if there is evidence that a cap is operating please let your Link Officer know.

I was able to alert the HMPPS Well-Being team to some worrying information that had reached me this week from our reps in an NPS Division and I have been assured that they will be looking into how they can address the problems there as part of their support and sustain programme.

Branch Napo leads for the Attendance Management policy should also keep an eye out for an awareness workshop that HMPPS have agreed to run for managers and union reps. It is hoped that this will allow for full and open dialogue about what has and is going on, as well as what ought to be happening.

More news to follow as soon as possible.

Happy Holiday

Here’s hoping you make the best of the long weekend and that we have some decent weather to go with it.

Latest From Napo 145

Thanks go to the reader for forwarding the following circulated to all London Branch Napo members:-

MATERNITY LEAVE VICTORY IN THE NPS - MEMBERS HARMONISATION CONSULTATION – reply by 19th April

All NPS members should shortly be receiving an e-consultation on proposals to harmonise several MoJ/NOMS policies, including maternity leave and annual leave for new starters. The proposals are a vast improvement on initial offers and reflect prolonged and difficult negotiations at national level. Napo are recommending the package as a whole. Members are asked to indicate their view by no later than 19th April.

Napo is the only party who have consistently pressed for urgent harmonisation of maternity leave since at split but at various stages this has been prevented. In recent months the hold-up involved the NPS insisting that any improvement in maternity leave should be linked to a cut in annual leave. Napo very forcefully opposed a move we considered to be discriminatory. Our campaign on International Women’s Day highlighted members’ frustration with the NPS, with hundreds posting pictures online saying #maternitymatters. This helped persuade the NPS to drop the link to leave, although the proposals do harmonise leave for new starters.

NPS still had great concerns about their capacity to actually pay staff on maternity leave without several months lead in. This reflects the chaos and fundamental failings in the SSCL arrangements (see more below). Napo however proposed a compromise which was accepted. This means the package takes effect from 3rdSeptember, except for maternity leave which will apply for members with an EWC of 30th April, albeit with NPS stating that they may have difficulty paying people impacted properly. This is an honest, albeit shocking admission fro a major government department but Napo’s view was, unless there are major changes to the SSCL contract, we couldn’t be confident they’d be any better placed to pay people accurately in September. An earlier or backdated application of maternity pay however would have been too chaotic.

Members not receiving an e-consultation should contact Napo directly. New members in the NPS joining between now and 19th April can also join in the consultation.

PAY CLAIM COMING TO NPS, CRC and RISE

Hot on the back of the consultation about the NPS harmonisation package, Napo are also submitting their National Probation Pay Claim in the next few days. All members will be sent a copy of the claim so look out for it in your inbox over the coming week.

The claim is the same for all Employers, recognising the same challenges having transferred with a broken pay and grading model. The claim highlights how uncompetitive probation pay has become as a result of both the government’s prolonged pay freeze and the negative impact on pay progression this has disproportionately had in probation. Napo’s view is that these problems must be urgently addressed if probation employers are to have any chance of competing for staff or avoiding huge recruitment and retention challenges.

The recognised unions have been involved in pay reform negotiations with the NPS for some months are Napo remain hopeful that reform supporting the aims of the claim will be possible. The creation of HMPPS (HM Prison and Probation Service), adds further pressure on the NPS, as staff being expected to move into a custodial setting, could be asked to mentor and supervise prison staff in a lower equivalent grade, but who currently earn more than PO’s. We are also conscious however of the huge risk to MTCnovo’s capacity to compete for staff if NPS unilaterally introduces a significant pay gap. The same principle applies regarding softer terms such as maternity leave. For this reason Napo are lobbying government to make sure that the Probation Services Review (which is reviewing CRC contracts) recognises this risk and allows for a price adjustment so that CRCs can compete and members working in CRCs are protected.

To support the claim and the campaign, we will be holding a series of meetings and briefings for members.

NEW PARTNERSHIP AGREEMENT READY TO BE SIGNED WITH MTCnovo

Following negotiations involving Representatives from London and Thames Valley Branches and Napo Deputy General Secretary, Dean Rogers, principled agreement has been reached with MTCnovo regarding a new local negotiation and consultation framework.

The model replicates the existing local Joint Consultative Committees for matters subject to local consultation - such as re-organisations, local office matters, etc. Contractual issues, such as pay and leave, will be negotiated across both MTCnovo Contracts via a pan-CRC committee with representatives from both London and MTCnovo unions. Representatives will have support from Napo HQ – in MTCnovo this will be Deputy General Secretary, Dean Rogers (who also directly supports members in RISE).

All of the key concerns about a joint agreement have been covered in the draft and the branch has now been informed that the agreement has been approved by Napo’s Officers and Officials Group – including agreement around legacy contract terms and a dispute mechanism that demonstrates a commitment to resolving disputes before any contractual changes are imposed. Confirmation that the agreement has been approved by Napo’s Officers and Officials Group was sought by local Chairs prior to agreeing to sign. Having now had formal notification that the agreement has been approved we are now ready to go ahead and sign the partnership agreement.

ON THE SUBJECT OF PAY…

Members in the CRC will be conscious that a payroll error meant that their March pay was delayed. This caused obvious distress and worry to members. Napo were able to make early contact with MTC Novo and we remained in regular contact throughout Friday. MTC Novo who were quick to both recognise the error and start to try and correct it. They also quickly agreed to meet any financial losses (e.g. bank charges, etc) and we will be talking to them further this week to clarify that all payments have been made and to see how any losses can easily and quickly be recovered for members.

MEANWHILE THE SSCL JUST CAN’T SHARE NICELY…

Napo has had less success trying to resolve the many different processing failures in NPS HR. These currently include new starters not being paid at all; continuing problems with staff not having the correct PAYE amounts deducted leading to tax issues; staff changing their working pattern (e.g. maternity leave; going part time; increasing their hours) not being paid or taxed correctly; pensions contributions not being correctly collected; staff moving roles being issued with the wrong contracts; etc. We are extremely conscious of the increased risks arising from more staff being moved towards working in HMPPS.

The SSCL contract is clearly another example of the failed, rushed TR sell off. Put bluntly, any shared-service model can only work if all those covered are on shared terms and conditions. The insistence from HM Treasury that the split was dependent upon probation staff remaining in the local government pension scheme alone means this isn’t possible. Failures to address pay issues just exaggerate the differences whilst differences in maternity and leave have further highlighted the problem. Napo has been willing to address harmonisation to try and solve member’s problems but as we close the gaps the scale of the problem becomes ever clearer.

Napo is now of the view that this cannot be fixed without starting over. We are now lobbying Ministers and the Justice Select Committee to call for an enquiry into TR and asking them to call in the SSCL contract.

NAPO HOSTING PROBATION MEETS

National Napo suggests……….

‘With so much going on and so much negativity around probation, prisons and the Justice Sector, it is important that we remember why we do what we do, and find new ways of getting together to talk about what our work should be about. Staying positive about probation has never been more important.

With people working so hard finding time to get together isn’t easy and attending old style union meetings can be difficult. Napo recognise this, which is why we are launching a series of informal, social get together after work where people can come with the specific task of saying why they still love probation, share successes and talk about what and how they want to see probation work in the future.’

National Napo wants to pilot these get together type meetings in London and Thames Valley.

We think National Napo’s aspiration is admirable, however, times are tough and the branch execs view at this time is that………

We recognise that London Branch has a diverse membership and many of our members have child care and other spare time commitments (not least recovering from work pressures) that make meeting after work etc difficult. What we suggest, as a first step, is that members start small by getting together with Napo colleagues for lunch (instead of eating at your desks) in order to talk about the issues that most concern you over a cup of tea/coffee and a sandwich etc. As a suggestion you could make this the last Friday of the month and advertise it to colleagues. Recent events have been experienced as disruptive and impacted on staff in many different ways not least with regard to the availability of local office union reps and access to experienced union members who have either moved elsewhere or left probation altogether.

In many work places we now need to rebuild the union networks from the bottom up and we need your help to do so. Getting together in small groups with other Napo members is the start of union activity at a grass roots level (it’s how unions started) and from your activity we hope to build a stronger union. You might, for example, decide to take small but significant decisions to kick-start things in your office such as agreeing re-establish a union notice board to provide a visible union presence or decide to participate in a Napo campaign or discuss professional issues such as training or the IT system. We know that once you get started then there will be no stopping you as there is a lot of energy and ideas out there and by meeting regularly you will gain invaluable support from your union colleagues and know you are doing something constructive.

If you need any advice and support regarding this, please get in touch. The idea is to get together, to get something started, please contact Mail London NAPO, or. nps.LondonNAPO

DEAN ROGERS (Assistant General Secretary)
PATRICIA JOHNSON (NPS Co Chair) David A Raho (CRC Co Chair)

Another Grayling Defeat!

Yet again the Howard League under Frances Crook has achieved a reversal of a Chris Grayling policy, leaving only the probation TR omnishambles to sort out. This from the Guardian:-  

Cuts to legal aid for prisoners ruled unlawful

The government has lost a key court of appeal battle over access to legal aid for prisoners in a ruling that campaigners have called a groundbreaking victory. Campaigners said the ruling vindicated their concerns that the system had become “inherently unfair” after the government stopped certain categories of prisoners from receiving criminal legal aid in 2013.

The Ministry of Justice’s refusal to provide funding has been overturned in three out of five categories, reversing cuts originally introduced by the former justice secretary, Chris Grayling, four years ago. The judicial review claim was brought by the Howard League for Penal Reform and the Prisoners’ Advice Service. The Equality and Human Rights Commission intervened to support their application.

Three judges – Lady Justice Gloster, Lord Justice Patten and Lord Justice Beatson – found that the way legal aid restrictions had been operating was unlawful in three separate areas of internal prison hearings: pre-tariff reviews by the Parole Board, category-A reviews, and decisions on placing inmates in close supervision centres.

Their unanimous judgment said: “The government’s decision to remove legal aid from the five categories of decision-making that are the subject of these proceedings by the 2013 [cuts] was made because it considers that there were adequate alternative means in place to ensure prisoners can participate effectively in areas in which support has hitherto been provided by legal advice and legal representation.

“The consequence is that almost no changes have been introduced to replace the gap left by the removal of legal aid. We have concluded that, at a time when ... the evidence about prison staffing levels, the current state of prisons, and the workload of the Parole Board suggests that the system is under considerable pressure, the system has at present not got the capacity sufficiently to fill the gap in the run of cases in those three areas.”

Welcoming the decision, Frances Crook, chief executive of the Howard League for Penal Reform, said the decision would make the public safer: “It vindicates our concerns that cuts imposed by the former lord chancellor, Chris Grayling, in 2013 presented a grave risk that prisoners would become stuck in a broken system.

“This sends a clear message that important decisions about prisoners cannot be made efficiently or fairly in the face of these cuts. We look forward to hearing from the lord chancellor with her plans to give effect to the judgment,” she said.

Deborah Russo, joint managing solicitor of the Prisoners’ Advice Service, said: “This is an unprecedented and groundbreaking legal victory in which the vulnerability of the prison population is fully recognised as a key factor in its limited ability to access justice. Common law came to the rescue of a marginalised and often forgotten sector of our society.”

The legal challenge produced major concessions from the Ministry of Justice before the case came to court in January this year. They agreed that legal aid should be available in cases involving mother-and-baby units, resettlement issues, licence conditions and segregation through an exceptional funding scheme.

But this left five areas where the withdrawal of legal aid was causing problems: pre-tariff reviews by the Parole Board on whether the prisoner is suitable for a move to open conditions; categorisation reviews of category-A high-security prisoners; access to offending behaviour programmes and courses; disciplinary proceedings where no additional days of imprisonment or detention can be awarded; and placement in close supervision centres.

The 86-page ruling found that the withdrawal of legal aid was causing inherent or systemic unfairness in three of the these five areas, and that prisoners should have access to legal aid to pay for legal representation during pre-tariff reviews by the Parole Board, reviews of category-A high-security status, and decisions on placements within close supervision centres, which deal with the most disruptive and or dangerous prisoners.

Following the verdict, the Equality and Human Rights Commission’s chief executive, Rebecca Hilsenrath, said: “A hallmark of a democratic legal system is that it is fair and robust for all users. Without access to legal aid, prisoners with learning difficulties and mental illness would not be able to participate effectively in important decisions about their future, placing them at a significant disadvantage. We welcome today’s judgment that will ensure our legal system continues to provide legal help during these hearings.”

An MoJ spokesperson said: “We note the court of appeal’s judgment on changes made to legal aid regulations – introduced in 2013 – and will consider whether to appeal.”

The department is looking at alternative ways of ensuring that the system is not unfair. Such changes may involve means other than restoring legal aid.

Latest From Napo 144

Edited highlights from the Napo General Secretary's Friday blog post:-

Maternity & Family Leave - a huge breakthrough at last

I was not exaggerating in my last Blog post when I said that this week was going to be full of news and so it proved. NPS members have now been sent a consultative ballot in respect of the outcome of negotiations which have taken an age to reach fruition. The covering material explains the reasons why and no doubt you will draw your own conclusions, but following the recommendation by Napo’s Probation Negotiating Committee, members are being asked to accept the package and get your responses in to us by mid-day on 17th April please.

There is one caveat to the proposal in that it is unlikely that the beneficiaries of the new maternity leave arrangements will receive all of their pay entitlements on time but see the section below on the loss of confidence with SSSCL below to get a better appreciation of the problem.

Meeting with members NW Approved Premises

To say we have a few issues around staffing, terms and conditions and the crass decision by NPS to invite tenders for waking night cover in AP’s is something of an understatement.

Following a meeting of members in the North West we had reason to write to NOMS senior management in the following terms.

‘We have now had some feedback from the meeting with Napo members in the North West AP’s yesterday. As you know from our previous conversations our key priority has been to work constructively with you to make sure that agreed national processes are being fairly and consistently applied and to try not to inflame tensions that have arisen over the heavy handed application of the medication policy.

To this end we think that the meeting will have been useful to help our members understand what is fair and reasonable and has hopefully calmed things.

However, two significant major issues continue for us. Firstly, trust is and has been undermined by the information that you have been given that there have as yet not been any external advertising of AP night worker roles. We can now confidently assert that this is not the case. External adverts were placed in January for 40 jobs as AP Night workers across the region, around half in Merseyside. Interviews have been held (with Napo members confirming this as they were on the panel) and 2 people have been appointed (both currently relief workers). Napo will need to reserve our position until we know if any existing workers have been deemed unsuitable but we must record our huge disappointment at this development.

Secondly, we raised with you concerns about jobs being advertised in AP’s for posts that would evidently be in scope for TUPE at the lower Band 1. Napo would be very anxious if this was the case as it would make reassuring members in Band 2 roles who remain in scope, that their terms would or could be sustainable post transfer very difficult – especially if the re-banding had been done out with E3 and in secret.

Indeed, we would be obliged to explore the legality of such an action during a negotiation. Even if it were legal, given the MoJ’s track record of mis-selling contracts, such an action would be of extreme concern. Napo were assured that this wasn’t the case and that there had been no re-banding exercise undertaken or efforts to downgrade the roles to fetter a sale – on the basis that we were advised that these roles would be likely to have been in voluntary sector APs.

We await an explanation about what has gone on as I am sure you do too.

Probation System Review

It’s close to the time when the outcome of this especially important review will be put before Ministers and, as previously reported, the Justice Select Committee will have a particular interest.

It’s clear from my contact this week with a few people in the CRC sector that critical negotiations over funding are still ongoing and will hopefully be concluded by or around Easter and depending on who one speaks to some pretty mixed messages about how well they are going.

I will keep you posted as to what we know about the publication date, but as far as those people who know about such things are concerned, things are pretty much on schedule.

Workloads Campaign - Huge Response from members to Napo survey on workload impact

As you know by now, part of our 3Cs Workloads Campaign is our request to all members for information about how workload pressures affect you, your colleagues and service users.

We will use this information as part of our briefing for the press and MPs to put pressure on employers, so we do need this back by 14 April 2017.

Please let us have this information anonymously using this link https://www.surveymonkey.co.uk/r/Workloadsimpact

(If you have difficulties completing this at work, please forward to your personal email address).

You will shortly receive more information and guidance on the next action in the campaign which will be lunchtime protests on Workers Memorial Day, Friday 28th April, to highlight the risk and safety concerns about high workloads.

Attendance Management

Hopefully NPS members will have by now had an opportunity to read the comprehensive guidance for members and managers that we issued last week but I am happy to put the link here again given the concern that this most dreadful policy is having on our members who are suffering from ill health. If you have any queries regarding these documents please refer them through your branch or your branch link National Officer.

BR19-2017 Cover letter for guidance on attendance management policy

BR20-2017 Napo guidance on Attendance Management Policy

Pay Claim submitted to all employers

If you have read the previous material that we have put out to members you will be aware that Napo believes the current probation pay system to no longer be working or fit for purpose. The many problems have been recognised by NPS negotiators in the ongoing Probation Pay Review talks. We have now written to the Prisons and Probation Minister Sam Gyimah to express the need to show urgency in addressing these failings.

The wider changes taking place across probation – namely the creation of HMPPS on the one hand; and the demise of the NNC on the other, means that we will soon be entering individual negotiations with CRCs at a point when their capacity to manage contractual commitments is already stretched and uncertain until the outcome of the Probation Services Review is known.

The claim comprehensively covers the urgent need to increase probation pay, and also highlights the need for pay reform to align with wider changes to professionalising probation and making the service more robust in the new operating context. The claim is consistent with the ideas emerging from the NPS Pay Reform talks and at this stage we remain positive and hopeful that these will make significant steps towards addressing the structural weaknesses as set out in the document.

More news to follow as soon as we have some.

Here is the pay claim in full Cover Letter     Pay Claim

Loss of confidence in shared services and NPS HR functions

Another letter to the Minister has been signed off, this time on the disgraceful and shambolic service provision by SSCL and a host of unresolved problems we have laid on NOMS (as was) doors for ages in some cases. Here’s just one reason why, but see the list of shame below to see just what we have been up against.

‘I have a new member just joined as PSO in her first week. She has no contract, no staff number and NPS haven't even taken her bank details for her wages. She couldn't tell me what her pay is.’

The attachment to the letter to the Minister shows the following problems faced by our members mainly in the NPS, but some of those who are now situated in CRCs.

New Starters not being issued contracts and paid at all (NPS)
Non-payment of pro-rata pay awards to staff who left during the year from 2014-15; 2015-16; and potentially 2016-17 (CRC & NPS)
Failure to include holiday pay in wage and pension calculations for Sessional Staffs since 2014. (NPS & CRC)

Non-payment or incorrect payment of wages, including:

Tax and NI wrong upon appointment
Tax and NI wrong upon change of hours
Basic pay wrong when starting maternity
(Legacy for CRCs accepted – NPS & CRCs)

Failure to calculate compensation correctly when dismissing staff on ‘capability’ grounds, including misapplying CS rules on Pay in Lieu of Notice. These drag on for months as no-one takes responsibility. (NPS)
Taking months to resolve pay errors due to automatic emergency payments, tax and NI adjustments and automatic recoveries complicating things and cutting across human actions. (NPS)
‘Red site’ pay policy not being applied for existing staff so leapfrogging occurs, undermining efforts to address recruitment and retention. (NPS)
Possible non-progression issues as the pay data shared with union’s shows too many staff at or near pay minima. (NPS)

PENSIONS

Non-payment of contributions relating to non-payment of previous pay awards to mid-year leavers (see above) (CRC & NPS)
Miscalculation of payments and non-payment of contributions for additional work since 2014 - especially regarding Sessional staff. (CRC & NPS)
Fettering of discretion in relation to application of the 85 year-rule. (NPS)
Failure to support and process ill-health retirement applications in legacy cases for CRCs dating between 1st April 2014 and 1st February 2015 (NPS and CRC)

CONTRACTS

Staff in NPS roles working alongside NOMS employees or in prison settings being offered NOMS contracts containing the wrong terms and conditions -e.g. LGPS but NOMS leave; wrong pay band; etc. (NPS)
Jobs earmarked for TUPE transfer in Approved Premises being advertised on MoJ sites at the wrong pay band, and below the National Minimum Wage prompting suspicion of fettering the waking night cover contract negotiation process and undermining TUPE. (NPS)
SSCL advising Line Managers that NPS staff have 13 weeks’ notice instead of 12, with implications for notice pay in long term sick and capability cases. (This is an ongoing issue) (NPS)
Miscalculation of length of service for individuals (NPS)
Staff re-entering probation after a break in service being told “they don’t exist” and not offered contracts due to a loss of HR records. (NPS)
Incorrect calculation and payment of maternity leave for NPS staff working in NOMS and/or prisons (NPS)

SICK PAY

Staff being consistently told that sick pay and trigger points will be calculated over a 4 year rolling period and not any 12 consecutive months (NPS)

RECRUITMENT

Staff told to turn up at sites to start work without staff at that site knowing when to expect them via the National Recruitment Centre (NPS)
Staff notified of start date before vetting is cleared and then being put on notice when clearance not forthcoming . (NPS)

DISABILITY & AT USERS

Routine failures to implement OH report recommendations (NPS)

ICT MELTDOWN & WORKLOAD PRESSURES INCREASED

Includes offices suddenly losing all telephones and ICT

Whether all this is the fault of SSCL (and let’s not forget there are many staff who are doing their best in chaotic circumstances not of their making) or whether it’s down to HR or a combination thereof, I have told the Minister that it does not exactly inspire confidence.

E3 phase 2 Napo feedback

Against all this it’s a wonder that there is any coherent work going on in the NPS as it moves to phase 2 of its Operational Masterplan otherwise known as E3. Anyway we have this week sent HMPPS management our take on the difficulties that we foresee here, and we will publish these to members shortly.

Prison Reform 4

I notice the Justice Committee are not overly-impressed with Liz Truss's prison reforms:-  

Prison governor empowerment: greater clarity needed

The Government's reforms relating to prison performance and empowerment of prison governors, many of which are due to come into effect in April, are to be welcomed in principle, but require greater clarity and risk mitigation, says the Justice Committee report.

Read the report summary
Read the report conclusions and recommendations
Read the full report: Prison reform: governor empowerment and prison performance

Chair's Comments

Justice Committee Chair Bob Neill MP said:

"Governor empowerment and changes to prison performance are central to the Government's prison reform programme, which it describes as "the biggest overhaul in a generation" – but the lack of clarity about how some of these reforms will work in practice remains a cause for concern.

Without support from the people who are operating prisons the reforms are unlikely to be effective. The Government must seek productive engagement with prison staff and governors through regular meetings, enabling their concerns and ideas to feed into the implementation of the reforms."

Policy and operations

From 1 April, the Ministry of Justice has been responsible for prisons commissioning and policy, with the new HM Prison and Probation Service responsible for operational management. The Committee heard concerns that this separation could result in governors and the Secretary of State receiving conflicting advice. The report notes that this lack of clarity could make it harder to see what is going wrong in prisons and why, and confusion about responsibilities could make prisons less safe and effective. The Committee seeks clarification from the Government about how this will work in practice.
Performance agreements

Under the new reforms, Governors will be accountable through three year performance agreements they sign with the Secretary of State. These are based on four new performance standards which reflect the purpose of prisons included in the Prisons and Courts Bill; public protection; safety and order; reform; and preparing for life after prison.

The Committee supports the principle of transparency about what constitutes good performance: Governors should know the standards by which they will be judged and the public should know what constitutes a successful prison.

However, the report notes that it is not clear how the proposed interventions in cases of poor performance differ from current actions taken, and how they will operate in future – including whether public prisons could be privatised or vice versa , and it remains unclear what processes exist to identify poor performance at an early stage.

Performance agreements were supposed to be put in place in a third of prisons from April 2017, but the Prison Governors Association advised its members against signing them.

The report seeks information from the Government in its response on how many agreements have been signed, and how it will proceed if they are not signed.

The Ministry of Justice will publish official statistics on prison performance against the new performance standards, and the report recommends that the Ministry should use these data to understand more fully the factors underpinning poor and high performance, to inform practice across the estate.

Governor empowerment

The Committee is generally supportive of the principle of greater governor empowerment but has not seen any evidence that it will lead to better outcomes for prisoners, and notes that the first six reform prisons, which began operating in July 2016, will only be evaluated after the reforms take effect across the prison estate.

Issues raised in the report include:

• Risk of increased prisoner complaints if greater autonomy and deregulation is not balanced with a need for consistently applied minimum standards;
• Availability of support and development opportunities for governors before the reforms take effect;
• Need to co-ordinate contributions of agencies involved in providing services relating to rehabilitation at a local level, including prisons and probation.

The Committee also noted considerable uncertainty around how the Government’s plans will apply to the privately managed prison estate and how the new offender management model, with one key worker overseeing the casework of six prisoners, will work in practice.

Commissioning

The Committee also welcomes the principle of giving governors greater involvement in commissioning goods and services, as this could encourage innovation and lead to better outcomes for prisoners.

However, this must be evidence based and rigorously evaluated, and procurement processes as well as performance agreements must be designed to facilitate innovation.

The Committee recognises that devolution of responsibility for commissioning to governors is likely to lead to differences in service provision, and it could also lead to an increase in overall costs as economies of scale could be lost.

The report concludes that there is a need for central oversight, and recommends that the MoJ put measures in place to ensure that education, family services and offending behaviour programmes are aligned across the estate to enable prisoners to progress through their sentence and to ensure these programmes meet minimum quality standards; and that the appropriate level to commission goods and services should be decided on a case by case basis.

Finally, low morale among prison staff and governors could affect implementation. The Prison Officers’ Association and the Prison Governors’ Association (PGA) have both recently taken actions suggestive of discontent among prison staff and governors, including staff protests in November and an attempted strike in March, as well as a call on governors not to sign the new performance agreement.

The PGA told the Committee that engagement with the MoJ had been “very poor”, with very little consultation about the reforms; the POA reported that their members feel disenfranchised, do not trust Government and senior managers, and that there had not been positive engagement with the MoJ and NOMS. Prisons Minister Sam Gyimah told the Committee that he had had regular meetings with the PGA and POA but admitted that more could be done.

--oo00oo--

This shows the Telegraph aren't impressed either:-

New blow to Justice Secretary Liz Truss as MPs say: scrap plans for prison league tables

Liz Truss, the Justice Secretary, has suffered a fresh blow to her authority after a Commons report said her plans for prison league tables should be dropped. The Justice Committee said league tables were “not a useful means” to assess prison performance and would “mask” problems within jails.

Ms Truss is already facing calls to be stripped of her second role as Lord Chancellor after concerns about the performance of her department. In recent weeks she has also been accused by the Lord Chief Justice of “misleading” the public over rape trials, while the President of Supreme Court said she had failed in a duty to defend the judiciary.

The latest criticism came in a parliamentary report that reviewed Government proposals for improving prison performance. The idea of league tables for prisons was first mooted by the then prime minister David Cameron in a speech more than a year ago, before being adopted as policy by Ms Truss in a white paper in November.

She said at the time: "We will publish league tables to show which prisons are making real progress in getting offenders off drugs and developing the education and skills they need to get work." Changes which include giving prison governors far greater autonomy - some of which come into force this month - are intended to address surging levels of violence and self-harm behind bars.

In its report, the committee said it encountered "mixed views" about the plans among witnesses who gave evidence to it. It said: “In particular, there was some scepticism about the purpose of this approach in a prison context, where there is no consumer; about their value in driving governor performance, and about the meaning that can be attached to a single measure of performance.”

MPs concluded that league tables, as they were conceived in the white paper, are "not a useful means to compare prison performance or drive improvement". The report said: "A single overarching assessment of prison performance will mask many aspects of performance. In our view it is more important that the Ministry seeks to understand more fully the factors underpinning poor and high performance and uses the learning to devise lessons to improve practice which are disseminated transparently across the estate."

The MPs said they would prefer to see the Ministry publish performance data rather than league tables. The committee also said that low morale among prison staff and governors could threaten the success of the programme.

Conservative MP Bob Neill, chairman of the committee, said: "Governor empowerment and changes to prison performance are central to the Government's prison reform programme, which it describes as the biggest overhaul in a generation - but the lack of clarity about how some of these reforms will work in practice remains a cause for concern."

From this month, the Ministry of Justice takes responsibility for prisons commissioning and policy, while the new HM Prison and Probation Service is responsible for the operational management of prisons. The committee said: “It is not clear to us what will happen in cases of poor performance, and how accountability will be attributed.”

A Ministry of Justice spokeswoman said: "We welcome this report which supports governor empowerment. We recognise that all prisons are different and that is why we are continuing to work closely with governors and staff to ensure clarity on expected standards and provide ongoing advice. These changes, along with our work to boost safety in prisons by employing 2,500 new prison officers, will help deliver our reforms, which will cut crime and create safer communities."

A Ministry of Justice source said that league tables would give "transparency" but that improvement would be driven by three-year contracts with individual governors that set out what they were expected to achieve.

CRC Dispute - Latest 22

Joint statement by Napo, Unison and GMB unions:-

JTU09-17
For distribution to all trade union members across the three Working Links owned Community Rehabilitation Companies

No to further Job Cuts...yes to fair play for staff… probation trade unions standing up for you!

DISPUTE LATEST - Talks set to resume but dispute is still live

At long last the National Negotiating Council Joint Secretaries have issued a letter to all the parties in the dispute recommending a route for the resumption of discussion on a number of key issues impacting on staff and operations. Meanwhile, the unions wish to make it clear that until we see tangible evidence that Aurelius/Working Links intend to engage meaningfully with us, then the dispute that has been running since last summer will continue

Joint Secretaries determination

Whilst the National Negotiating Council itself has ceased to exist following the withdrawal by nearly all of the Employers, the dispute with the employer was established before this happened and a meeting took place between the parties, the Joint Secretaries and a representative from NOMS Contract and Commercial Directorate in January.

Given the difficulties that had been experienced in the talks held under the auspices of ACAS there was a huge amount of written evidence that needed to be taken into account and this has contributed to the delay in being in a position to issue news on a collective basis. The Joint Secretarial determination is attached to this letter and the unions are now considering the initial response that we have received from Aurelius/Working Links to this and our future strategy, and we will report further to members as soon as we can. If meetings are held in your branch or workplace, do try to take part and there is an ideal opportunity on 28th April on International Workers Memorial day to join in some union lunchtime demonstrations about workloads. News on that to follow.

Meanwhile, arrangements are being made to set a date for the resumption of talks where we hope it will be possible to deal with some urgently pressing issues. If these exchanges go well our aim is to try and work through the long list of subjects that the Joint Secretaries have identified as being central to any chances of resolving this long running and in our view unnecessary dispute.

What the dispute has achieved so far

It’s a fact that just being in dispute does not in itself mean that employers (whoever they are) will simply stop trying to treat staff with disrespect and seek to implement their plans.

Over the course of this dispute the union’s efforts with tremendous support from our members has contributed to the following:

• No compulsory redundancies (notwithstanding the shambolic way in which the employer has conducted its staff reduction policy which has caused massive divisions between employees, many of whom have been denied their reasonable expectations over Enhanced Voluntary Redundancy - EVR)

• A reduction in the overall staff cuts that were first planned, clearly proving our point that these were not properly thought through as illustrated by the subsequent and often desperate attempts to recruit staff.

• Notice to NOMS (now HMPPS) Contract Managers that a thorough review should be undertaken of certain operational practices such as those which have recently caused the employer to hastily issue case management guidance to staff (this has yet to be agreed with the unions)

• Considerable and recent media interest in the Aurelius/Working Links operation (Channel 4, BBC TV and Radio Wales and BBC South West TV) which has featured the unions concerns over workloads, staff morale and public safety. Here we have been able (with the courageous support of members and former members) to illustrate our belief that the Operational Model is costing our members jobs, diminishing the future capacity of the three CRC's to provide even a basic service to clients and, until we see cast iron evidence to the contrary, represents a risk to public safety. 

• Interest from an increasing number of MP’s and the Welsh Assembly into what has been going on since Aurelius/Working Links took on the CRC contracts

• The inclusion of the difficulties that members are encountering and our lack of confidence in the Operational Model being brought to the attention of Government Ministers and the Justice Select Committee whose members are especially interested about our concerns but, as importantly, our positive suggestions to improve the operational situation which sadly the employers chose not to join us in common cause. 

• The opportunity for the unions to brief HM inspectorate of Probation of our concerns prior to further inspection work 

• Specific advice being sought from the unions lawyers which we intend to issue for members individual protection very shortly. This follows on from the unions lawyer’s advising the employer of their legal responsibilities to which we await a response

• Input into the current and very crucial Probation Service Review that is at the final stages prior to reporting directly to Ministers where we have been able to illustrate the problems that our members have and are still facing 

• Many members following our advice to stand firm and not accept variation to their contracts unless and until the unions have had the requisite opportunity for consultation and negotiation as set out in the National Staff Protections Agreement which we maintain forms part of individual contracts of employment.

What happens next?

We have made our views very clear over many months as to why this dispute has arisen, but it’s worth remembering that we requested the employers to pause the processing of the applications that staff had made to leave under the inferior voluntary severance scheme instead of the EVR arrangements that were previously awarded to other staff, so that we could work jointly to establish adequate resourcing and deployment of people to provide a decent service to clients and the public. This was about taking up a principled position to defend jobs and seeking to secure a fair level of compensation for people who had decided to leave their employment.

That's the role of a trade union, and so is exposing the fact that the Voluntary Severance Scheme that was offered by Working Links/Aurelius was a blatant action which denuded some of their workforce from their just entitlements. At the same time we urged the employers to invoke the existing NNC agreed redundancy policies as far back as last year.

We stand ready to take part in meaningful dialogue and will be urging the employer to do the same.

Join a trade union now!

We will seek to issue further updates as soon as there is something to report, but the above commentary makes it very clear that it is more important than ever that staff across the three CRC's belong to a trade union. The dispute is not over and now is an ideal time to see another increase in union membership to help us speak from a position of strength.

(Note - the letter referred to will follow in a subsequent post - Ed)

Court IT

Yesterday's post seems to have struck a cord with practitioners amply demonstrating just how far back probation IT problems go and how TR was never going to work with such a crap system. We know the MoJ has 'form' in mis-handling commissioning and according to this on 'The Register' website, things don't seem to be going well with the court IT project:-

Hundreds of millions 'wasted' on UK court digitisation scheme

Hundreds of millions of pounds have been wasted on plans to digitise the criminal justice system due to the mismanagement of a key programme that has so far delivered little value to the taxpayer, according to multiple insiders.

The Common Platform Programme (CPP) was supposed to be complete by March 2019. However, a spokeswoman from HM Courts & Tribunals Service (HMCTS) said the programme will not be complete until 2020 at a revised cost of £270m.

The project began in 2014 with the intention of creating a unified platform across the criminal justice system to allow the Crown Prosecution Service and courts to more effectively manage cases. Programme director Loveday Ryder had described the project as a "once-in-a-lifetime opportunity" to modernise the criminal justice system.

But The Register understands that over the last 30 months, a series of independent and internal reviews have documented the programme's failings, with all the key milestones having been missed.

The Infrastructure and Projects Authority (IPA), which monitors large programmes across government, recently flagged the programme as an amber-red risk, according to sources. That means delivery on time and on budget is unlikely. An internal review last year described the culture within the programme as "toxic".

Yet huge amounts of cash have continued to be signed off, despite sources claiming only one meaningful service has so far been delivered: an online self-service system for magistrates to manage their sittings.

One crucial component of the system, an identity access management system to allow professionals to log on and view cases remotely, has yet to be delivered despite £40m having been spent on it. Without that portal, users will be unable to access cases online – the main purpose of the project.

Sources say the programme has been overly focused on building the platform in house, rather than buying off-the-shelf software. They describe what has been produced so far as "vapourware".

Particular scorn has been directed at the so-called "agile experts" who have been in charge of managing the programme. "There is no plan, no artefacts, no direction, just constant excuses," said one insider. "How they can still be in place as well as still being allowed to recruit 'experts' with absolutely no delivery after 30 months is scandalous."

Multiple sources have also questioned the potential conflict of interest in members of the management board also owning companies to have contractors working on the programme.

"The continued waste on trying to deliver this programme is outrageous," said one insider, who asked why the programme should be allowed to continue in its current form – or indeed at all.

The CPP is part of a broader £1bn programme across the Ministry of Justice to make courts fully digital. That has already been identified by chief exec of the civil service John Manzoni as one of the biggest projects keeping him awake at night. Those concerns have also been echoed by Public Accounts Committee head Meg Hillier.

Live services so far include: an online make a plea programme which allows people to plead guilty or not guilty to traffic offences; a digital markup tool for legal advisors to record case results in court, which is being tested by magistrates courts in Essex; and the Magistrates Rota.

The Register understands that since then the project has failed to progress further. One insider said that if the programme were following proper agile principles, by this stage there ought to be at least a dozen meaningful services available across the criminal justice system.

Last year the IPA also gave the project an amber/red rating, based on assessment in September 2015. It said this reflected the "complexity of the programme and the innovative use of agile development principles".

The Register asked the Ministry of Justice and HMCTS why so much cash has been spent; what actions it intends to take to address the serious governance problems raised; and why money continued to be signed off on a programme that has so far failed to deliver.

In a boiler plate response, an HMCTS spokeswoman said: "The Common Platform Programme is a partnership between HMCTS, the Crown Prosecution Service and police and has strong support from the judiciary.

"It provides a once-in-a-generation opportunity to design and build a fully connected criminal courtroom by 2020. This will enable practitioners to access and share relevant criminal case management information and make the best use of technology such as video links to improve the experience for victims and witnesses."

IT and TR

As the results of the government review into the TR omnishambles are awaited, I was reminded of just how crap the legendary IT is in probation by the following forlorn query on Facebook:-

Anyone else's pc on a go slow?

Always. The moz-proxy error is a nightmare!

It's on a stand still

Last week was worse

Was it? Ours wasn't too bad then

System went down for a few hours and for those who didn't get thrown off the system it was very slow.

They're slow all the time

Today Is painful

I mean more slow than normal

Yes was more of a nightmare than usual!!!!

Ours were grrrr xxxx

We were told yesterday that the new HMPPS is going to sort out the IT. So that's alright then. What they mean is that they will try to make a badly designed and unfit for purpose system functions slightly less badly. Par for the course.

--oo00oo--

The Public Accounts Committee have been utterly scathing, as reported here last September on the Government Computing website:-

PAC: probation service ICT is “inefficient, unreliable and hard to use”

The Public Accounts Committee (PAC) has warned of the impact poor ICT systems have had on efforts by the Ministry of Justice (MoJ) to transform probation services.

In 2014, the PAC said it reported on the changes underway to probation services in England and Wales, outlining several risks and challenges. Now, two years on, it has warned that there is still no clear picture of how the new system is performing in important areas of the reforms. In addition, the “failure to deal with ICT problems” coupled with “serious uncertainty over the impact on providers of lower than expected business volumes” have also undermined the pace of change, the parliamentary watchdog said.

In 2012, the MoJ said it would deliver a ‘rehabilitation revolution’ by reforming probation services. Subsequently in June 2014, it split 35 probation trusts into a public sector National Probation Service (NPS) as well as 21 new community rehabilitation companies (CRCs). The NPS advises courts on sentencing all offenders and manages those individuals presenting higher risks of serious harm or with prior history of domestic violence and sexual offences, while CRCs supervise offenders presenting low- and medium-risk of harm.

The CRCs were in public ownership until February 2015 and then transferred to eight mainly private sector providers working under contract to the National Offender Management Service (NOMS).

However, the ability of the CRCs to transform their businesses is being undermined by delays in resolving commercial negotiations. The new owners of the CRCs were chosen on the basis that they would invest in and transform these businesses, with promised innovations including new “one-stop” service centres and the use of ICT systems to free up probation staff time to interact more effectively with offenders. But the transformation has been slower than expected due to difficulties connecting the CRCs to ICT systems within NOMS coupled with lower volumes of business than originally estimated.

The PAC went further in its criticism of probation service ICT systems, describing them as “inefficient, unreliable and hard to use.” The report maintained that successful probation services depend on effective joint-working across various partners, supported by “well-functioning ICT systems”.

But it said, “Probation ICT systems have long been unfit for purpose, which hinders collaboration and frustrates staff who already work under pressure. We were told that the nDelius case management system used by NOMS had to be stripped back so it could be operated by CRCs and NPS regions nationwide as a single system. As a result, this reduced the usability of nDelius and NPS staff regularly raise ICT issues with senior leaders in NOMS.

“Improving nDelius is a priority for NOMS and is particularly important for the NPS who will continue to use the system for the foreseeable future.”

“Most CRCs are installing their own case management systems and ICT infrastructure to increase efficiency and productivity. For this to happen, CRCs needed the ministry to provide a “strategic partner gateway” to link NOMS and CRC systems. The ministry initially planned to deliver this gateway in the summer of 2015 but this was delayed by other priorities and subsequently by increased scope. Though the gateway is now in place, the delay has impacted some CRCs’ ability to transform their ICT systems at the pace they had planned. As a result, the ministry has had to pay a total of £23.1m to 17 CRCs.

The PAC concluded, “In a service that relies on successful joint working between multiple partners, it is essential that ICT supports, rather than frustrates, effective and efficient collaboration. This is far from the case for probation.

“Systems are still fragile and precarious, not least the ICT infrastructure and NOMS’ nDelius case management system, which puts added pressure on already hard pressed staff. The nDelius case management system had to be stripped back so it could be operated nationwide and improvements to its usability were deferred. There have also been delays in providing CRCs with a gateway into NOMS ICT systems.

“The ministry has paid £23m compensation to CRCs as a result. It is crucial that nDelius, the gateway and wider ICT systems are fully functional as soon as possible otherwise NOMS risk further demoralising essential staff and delaying planned service transformation.”

The PAC recommended that NOMS should “without delay” meet its commitments to improve the usability of nDelius and to implement a fully functional and reliable link between NOMS and CRC systems by the end of 2016.

PAC chair Meg Hillier said: 

"There is a real danger the Ministry of Justice has bitten off more than it can chew. It set out with some fervour a programme of reforms not just to rehabilitation but also to the courts and prison systems. Ambition is one thing but, as our committee continues to document across government, delivering positive results for taxpayers and society in general is quite another. Reintegrating offenders with the community is vitally important yet the quality of arrangements to support this is patchy. There is also a continued failure to provide hard-pressed probation staff with adequate computer systems. None of this paints a picture of probation working effectively towards the goal of reduced reoffending. The ministry must not allow other projects to distract it from the task at hand during what is a critical stage of rehabilitation reform and we urge it to act on the recommendations set out in our report."

--oo00oo--

According to this published in December 2016 on the same Government Computing website, the MoJ are not much closer to fixing things:- 

Sopra Steria awarded transitional two year probation ICT services deal

The Ministry of Justice (MoJ) has awarded a two year outsourcing contract to Sopra Steria that will provide the probation service with ICT functions and support ahead of a delayed move to a ministry-wide common technology infrastructure.

As part of the outsourcing agreement, which is valued at up to £53.8m depending on how long it is required, the company will provide IT services including auditing, testing, programming and consultancy for hardware and software among a number of other functions.

The scope of the contract will relate to supporting probation services in England and Wales before they transition to the common ICT infrastructure intended to be introduced by the MoJ. However, an exact timeline for the proposed switchover has not been provided at present.

“The intention is for some, if not all, of the services to end before the expiry of the term; in which case, the actual cost of this contract may be lower that the estimated amount,” said the contract award notice.

In January, the MoJ awarded Sopra Steria a limited contract extension of up to 12 months in length to provide the probation services with Offender Management National Infrastructure (OMNI) systems as a result of delays to the availability of the ministry’s common ICT infrastructure. OMNI, like the rest of MoJ's ICT estate, was due to be replaced by a combination of contracts under the broad Future IT sourcing (FITS) programme.

By February, a review of FITS saw the MoJ announcing an intention to opt against awarding the second lot of an Application Maintenance & Support (AMS) services contract for the Prisons and Probation Service.

"Following a review of the Future IT Sourcing (FITS) programme, we have decided not to proceed in awarding this contract,” a spokesperson for the MoJ confirmed at the time.

In the intervening months, both the National Audit Office and Public Accounts Committee (PAC) have raised concerns about the effectiveness of IT use and planning with regard to the probation service. The spending watchdog warned in September that poor ICT systems were hampering MoJ efforts to transform probation services, urging a need for particular improvement of case management systems.

PAC chair Meg Hillier also raised concerns that the MoJ had been overambitious with planned reforms to rehabilitation services as well as the courts and prison systems.

“Reintegrating offenders with the community is vitally important yet the quality of arrangements to support this is patchy. There is also a continued failure to provide hard-pressed probation staff with adequate computer systems. None of this paints a picture of probation working effectively towards the goal of reduced reoffending."

Latest From Napo 143

Napo victory on Harmonisation package

This negotiating update alerts you to an important breakthrough by Napo in the long running negotiations with the NPS on the maternity pay and harmonisation policies.

NPS members will be asked to indicate their agreement to this package in a separate communication that will follow shortly. As the circular points out Napo has been seeking a conclusive outcome on the maternity and and harmonisation package for some time and have had to persevere despite the barriers in our way.

This circular summarises the success for Napo negotiators in these talks and also sets out your unions future objectives around pay and our efforts to push for solutions to the chaos within the Shared Service Centres operation on a host of pay and pension related issues.

More news about these will follow soon, meanwhile NPS members are asked to look out for further communications and ensure that you take the opportunity to respond to the consultative exercise.

--oo00oo--

Members update for all Napo members in the NPS and CRCs

MATERNITY LEAVE VICTORY IN THE NPS - MEMBERS HARMONISATION CONSULTATION – reply required by 17th April

All NPS members should shortly be receiving an e-consultation from Napo on proposals to harmonise several MoJ/NOMS policies, including maternity leave and annual leave for new starters. The proposals are a vast improvement on the initial offers and reflect prolonged and difficult negotiations at national level. Napo is recommending the package as a whole following endorsement by Napo's Probation Negotiating Committee. Members will be asked to indicate their view by no later than 17th April.

Napo is the only union who has consistently pressed for urgent harmonisation of maternity leave since the time of the TR staff split but at various stages this has been prevented. In recent months the hold-up involved the NPS insisting that any improvement in maternity leave should be linked to a cut in annual leave. Napo very forcefully opposed a move that we considered to be discriminatory. Our campaign on International Women’s Day highlighted members’ frustration with the NPS, with hundreds posting pictures online saying #maternitymatters. This helped persuade the NPS to drop the link to leave, although the proposals do harmonise leave for new starters this will not be effective until the new policy commences in September 2017. The harmonisation of leave year for existing staff is March 2018.

NPS still have great concerns about their capacity to actually pay staff on maternity leave without several months lead in. This reflects the chaos and fundamental failings in the SSCL arrangements (see more below). Napo however proposed a compromise which was accepted. This means the package takes effect from 3rd September, except for maternity leave which will apply for members with an EWC of 30th April, 2017 albeit with NPS stating that they may have difficulty paying people impacted properly. This is an honest, albeit shocking admission fro a major government department but Napo’s view was, unless there are major changes to the SSCL contract, we couldn’t be confident they’d be any better placed to pay people accurately in September. An earlier or backdated application of maternity pay however would have been too chaotic.

Members who have not received an e-consultation to their preferred e mail address by Monday 10th April should contact Napo directly. New members in the NPS joining between now and 17th April can also join in the consultation.

PAY CLAIM COMING TO NPS, CRC and RISE

Hot on the back of the consultation about the NPS harmonisation package, Napo is also submitting their National Probation Pay Claim in the next few days. All members will be sent a copy of the claim so look out for it in your inbox over the coming week.

The claim is the same for all Employers, recognising that the same challenges of a broken pay and grading model have been transferred into the CRCs. The claim highlights how uncompetitive probation pay has become as a result of both the government’s prolonged pay freeze and the negative impact on pay progression in probation. Napo’s view is that these problems must be urgently addressed if probation employers are to have any chance of competing for staff or avoiding huge recruitment and retention challenges.

The recognised unions have been involved in pay reform negotiations with the NPS for some months and we remain hopeful that reform supporting the aims of the pay claim will be possible. The creation of HMPPS adds further pressure on the NPS, as staff being expected to move into a custodial setting could be asked to provide support and quality assurance for prison staff. We are also conscious however of the huge risk to the CRCs’ capacity to compete for staff if NPS unilaterally introduces a significant pay gap. The same principle applies regarding softer terms such as maternity leave. For this reason, Napo are lobbying government to make sure that the Probation Services Review (which is reviewing CRC contracts) recognises this risk and allows for a price adjustment so that CRCs can compete and members working in CRCs are protected. This is in line with our mandate to defend collective bargaining.

To support the claim and the campaign around it Napo Branches will be asked to organise a series of meetings and briefings for members. Please look out for details of these.

Ongoing pay and processing problems in the SSCL

Napo has had real difficulties trying to resolve the many different processing failures in NPS HR. These currently include some new starters not being paid at all; continuing problems with staff not having the correct PAYE amounts deducted leading to tax issues; staff changing their working pattern (e.g. maternity leave; going part time; increasing their hours) not being paid or taxed correctly; pensions contributions not being correctly collected; staff moving roles being issued with the wrong contracts; etc. We are extremely conscious of the increased risks arising from more staff being moved towards working in HMPPS.

The SSCL contract is clearly another example of the failed, rushed TR sell off. Put bluntly, any shared-service model can only work if all those covered are on shared terms and conditions. The insistence from HM Treasury that the split was dependent upon probation staff remaining in the local government pension scheme alone means this isn’t possible. Failures to address pay issues just exaggerate the differences whilst differences in maternity and leave have further highlighted the problem. Napo has been willing to address harmonisation to try and solve members’ problems but as we close the gaps the scale of the problem becomes ever clearer.

Napo is now of the view that this cannot be fixed without starting over. We are now lobbying Ministers and the Justice Select Committee to call for an enquiry into TR and asking them to call in the SSCL contract.

PLEASE SHARE THIS NOTE WITH COLLEAGUES WHO MAY NOT BE MEMBERS OF NAPO.

Remember you can get cheaper subs by paying directly through Direct Debit and can also access our extensive new Napo members’ Benefits Package and save the cost of membership in full.

Ian Lawrence (General Secretary), Dean Rogers (Assistant General Secretary
Yvonne Pattison, Chris Winters (Co-Chairs)

Focus on Liz Truss

Here we have yesterday's MoJ Press Release:-

Justice Secretary launches HM Prison and Probation Service

A new frontline service focused on reforming offenders and cutting crime has today been launched by Justice Secretary Elizabeth Truss.

• New frontline service tasked with reforming offenders launched by Justice Secretary
• Prison and probation staff to be given increased training and clear career progression
• HMPPS launch coincides with prison governors being given greater control of establishments

HM Prison and Probation Service (HMPPS) will have full responsibility for the operational management of offenders in custody and the community, including strengthening security in prisons, building intelligence about criminal gangs and supporting offenders when they are released.

The introduction of the new service coincides with prison governors being given greater control over how they run their establishments – a key commitment in the Prison Safety and Reform White Paper.

The Secretary of State pledged in November to recruit 2,500 staff to bolster the frontline as well as introducing a comprehensive package of measures to improve safety and security across the estate.

Probation services will also be more empowered in providing support to offenders both under our supervision and in the community when they come out of prison. As part of the further growth opportunities we are enhancing professional qualifications for probation officers and increasing the integration of prison and probation services.

The launch of HMPPS, alongside development opportunities for staff, will further professionalise and build pride in the service.

Justice Secretary Elizabeth Truss said:

"The creation of Her Majesty’s Prison and Probation Service is part of our far-reaching changes that will ultimately reduce reoffending and make prisons places of safety and reform. 

We are building a Service that is focused and driven to make our prisons safe and reduce the risk of reoffending, in turn creating fewer victims of crime and safer communities.

The launch of this new organisation is a crucial step towards achieving our reforms. Staff will be given the training and support they need to succeed so they can be proud to work for an agency that will help to transform lives."

The new operationally focused service will be supported by the Ministry of Justice (MoJ) taking on responsibility for overall future policy direction, setting standards, scrutinising prison performance and commissioning services.

As part of the Government’s commitment to boost opportunities for staff in the newly-formed HMPPS, we are creating 2,000 new senior promotion opportunities for valued and experienced prison officers to progress into.

Apprenticeship schemes are being launched to give recruits a clear progression pathway, underlining the Government’s commitment to develop the skills of prison and probation staff.

HMPPS Chief Executive Michael Spurr said:

"The launch of HMPPS is being backed by new investment which will make a real difference to the work we do with offenders both in prisons and in the community.

We have a compelling reform agenda and the new Agency will focus relentlessly on improving performance to better protect the public and reduce reoffending."

From today (April 3), governors in all adult prisons in England will take control of budgets, allowing them to decide how they spend money rather than being given specific budgets for different things.

They will be able to develop local commercial relationships with businesses to provide work opportunities for their prisoners, and reinvest income to deliver additional services in their prison.

Governors will have more flexibility in setting staffing structures and the ability to hire people with the skills they think their prison needs, whilst they will also be directly involved in the decision making process for commission health services for their establishment.

The launch of HMPPS will be supported by measures in the ground-breaking Prisons and Courts Bill, which sets out a new framework and clear system of accountability for prisons. For the first time, it enshrines into law the purpose of prison and sets out that a key aim for prisons is to reform and rehabilitate offenders.

It is further backed by measures in the Prison Safety and Reform White Paper, which identifies a clear structure of accountability for delivering reform.

--oo00oo--

While we're at it, lets see what Liz Truss is saying. Here we have her writing on the Reform website:- 

Where next for criminal justice reform?

Reforming our criminal justice system is my top priority. Since my first day as Justice Secretary and Lord Chancellor, I have been clear that we must create prisons that change lives and a court system that works for all. The ground-breaking Prisons and Courts Bill is a crucial step towards achieving that vision. It is a firm commitment from the Government to overhaul the system for the better.

Prisons will be transformed, protection for victims and witnesses will be boosted and the courts will be revolutionised so justice can be delivered more swiftly. Making prisons work is something in which we all have a stake. They keep some of the most dangerous criminals locked away from society, depriving them of their liberty and putting an end to the misery they have heaped on so many. And of course, it is right that prisons are there to punish people who break the law.

But I am clear that there is more to do in order to reduce the likelihood of them reoffending after they’ve been released. The burden on society caused by those who are caught in a cycle of reoffending is staggeringly high. It costs society £15 billion every year. And then there is the emotional turmoil faced by the millions of blameless victims who come home to find their home has been ransacked or car stolen.

I’m absolutely determined to get a grip on this and that is why the changes in the Prisons and Courts Bill are so important. They will give prisons a clear and direct instruction that they must achieve more than simply act as offender warehouses. This is a crucial change that will, for the first time ever, set out that reforming offenders is a key aim of prison. We will require prisons to show progress in areas such as getting prisoners off drugs, boosting their English and maths skills, and into meaningful employment.

This matters because we know that prisoners who are drug-free, are able to read and write, and have a job to go to are less likely to go on committing more crime when they’re on the outside. But when offenders do commit crime, the system must support victims. I know from conversations with those who have had to appear in a courtroom that the process is a daunting one, so we must do all we can to help make it a smoother and less-traumatic experience.

That is why I have included specific measures within the Prisons and Courts Bill that will extend the use of online courts and virtual hearings, allowing more witnesses to give evidence outside the courtroom to help deliver swifter justice. As a result of this legislation, many more people will be able to take part in court proceedings without actually being in court.

The legislation will also give courts the power to end the appalling practice of domestic violence victims being cross-examined by their abusers in family proceedings. The bottom line is I want victims to have real confidence in the system and to feel empowered to come forward and speak out. And I want prisons that provide offenders with the best possible chance of turning their lives around for good.

It will take time to make these substantial changes and there is a great deal of work to do. But there should be no doubt that the Prisons and Courts Bill is a critical component in our mission to drive reform.

Rt Hon Elizabeth Truss MP, Lord Chancellor and Secretary of State for Justice

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I notice that the Director of the Centre for Crime and Justice Studies is on Liz Truss's case over her enthusiasm for prisons being drivers of economic development:- 

Letter to Justice Secretary on prison jobs bonanza claim

Date: Friday, 24 March, 2017

Our Director, Richard Garside, has written to the Justice Secretary, Liz Truss, calling for her to publish a secret Ministry of Justice report on the economic impact of new prisons.

On Wednesday, the Ministry of Justice announced plans to build four new prisons in Yorkshire, Wigan, Rochester and Port Talbot. According to the Ministry, the new prisons will 'act as a boost to regional economies' and create 'new opportunities for local businesses.'

According to the Justice Secretary, the prisons would be an 'economic lifeline for the local community – creating hundreds of jobs for local people'.

The Ministry's claims of a jobs bonanza are based on a secret report written by consultants, Peter Brett Associates, called Economic Impact of a New Prison. The report remains unpublished, despite a Freedom of Information request made by our Senior Associate, Rebecca Roberts.

In his letter to the Justice Secretary, Richard writes:

As the Ministry embarks on this latest stage in the prison-building programme, it is important that its plans are subject to proper scrutiny by parliamentarians, independent experts and members of the public, particularly in those areas where the new prisons are planned to be built. The publication of the Economic Impact of a New Prison report will assist the scrutiny process and I ask that it be published without delay.

Richard's letter can be downloaded below.
Download: Letter to Liz Truss, 23 March 2017.pdf