Tuesday, 12 July 2022

Probation Would Be Great Without The Staff

I thought this was worth a post to itself:-

Why is probation shit? Why is probation dead? Why is nothing changing for the better?

An Inspector writes:

To: Steve Johnson Proctor, Regional Probation Director. Sadly its more of the same "excellent leaders" bollox.

So, riddle me this, Equivocation Man:
"The senior leadership team is strong and committed"

v.

"Overall ratings from inspected PDUs:
Essex North: ‘Inadequate’
Northamptonshire: ‘Requires improvement’"
Obvious question: how the sweet-jesus-on-a-donkey can the senior leadership be strong & committed if the organisation is inadequate or requires improvement?

Oh, hang on... here it comes:
"The standard of case management requires attention"

"Learning and development for case administrators, SPOs and established practitioners requires more attention."

"Insufficient quality and frequency of management oversight was identified as a common theme for practice improvement"
Ah, so its lower down the ranks where no-one gives a toss because "Strategic plans are clear and reviewed regularly to take the organisation forward" [Huzzah!] and "Messages around the prioritisation of quality are understood by staff, although this is not translating into frontline practice".

Those bloody useless 'staff' again; if it wasn't for them screwing things up the excellent leaders would have gold stars on their lapels & bigger bonuses. But at least the useless staff will now receive a humane end to their career:
"The East of England region is a pilot area for the human factors approach to SFO reviews... Action plans are discussed at accountability and learning panels, attended by senior regional leaders, and learning is shared with middle managers, to cascade to practitioners. Reviewing managers attend team meetings, are visible in offices and have each been assigned a PDU and function to bring SFO learning routinely into teams and dispel myths and fears around the SFO review process."
How do we solve a problem like Probation?

The solution is bleedin' obvious, innit? It's been front & centre of almost every HMI Probation report...

... Get rid of all the staff & leave it to the strong & committed senior management who have got it right every time with their clear strategic plans & messages of prioritising quality.

Memo to Romeo, Farrar, Rees, Raab, etc:

This complex piece of investigative work took me about half an hour - including typing my own report - which is to be reflected in my very modest consultancy fee @ £30,000 + VAT. I can also source PPE, supply alcohol by the suitcase & fabricate distraction pieces for the media.

Wednesday, 6 July 2022

Guest Blog 85

A day in the life..

I get into the office at 7am having been awake most of the night worried about an SFO review that is currently ongoing. I managed this person years ago, yet I’m sitting here wondering at what point I’m going to be thrown to the wolves. I have been told I’m not “in trouble” but I don’t have any trust that I will be protected or that I won’t be sacrificed by the powers that be later down the line.

I briefly consider that scenario would actually mean I am free of this misery but then remember that being unemployed would probably cause me just as much anxiety. I make myself a cup of coffee and speak with a colleague, he hasn’t been well yet continues to come in on the basis “there is nobody else”.

Both of us moan and groan that things aren’t getting better .. they are getting worse. I open my laptop and start work through an OASys. I have never met this person .. I am writing their assessment on the basis that other colleagues are swamped and the target has been missed. It has fallen to me .. I groan my way through this with the help of caffeine kindly made by a colleague.

I make it clear within this assessment as to the limits of my knowledge and what needs to be explored. I suspect that at some point one of these assessments I have done will come back and bite me in the arse.

I am currently covering a colleague’s caseload. Sickness is rife at the moment .. In the last week I have done at least 25 police checks and twice as many safeguarding checks. I have sent appointments to all of their people (who even knows what we are calling people this week and I am not calling people PoPs!). Having looked through all these cases, it is clear that my colleague isn’t coping and hasn’t been for sometime.. yet the work has still been piled on. There is nobody else to give the work to..

Throughout the course of the day I have to do a breach report for a colleague who has been given 30 cases but hasn’t actually been given any training whatsoever. It is evident that they are trying their best but without being given the tools to do their job they are drowning.

I get questions about another case this colleague supervises .. I ask if any safeguarding checks have been done, I explain what MARAC is and when and how to raise a safeguarding concern. By the end of this conversation I can feel myself becoming impatient and grouchy as I am aware that whilst I’m seemingly delivering core training ..the actual work I’m being paid a pittance for is piling up. Despite this, I smile and advise them that all they can do is their best and things will get better .. a complete lie.

I try to figure out how I’m going to conduct over 15 appointments today whilst trying to respond to emails, phone calls and text messages. I took 2 days to reply to a non urgent email last month and was then confronted by a manager as to why this was. I have numerous emails from mangers asking me to do more and more tasks .. every time I try to talk to a manager in person they seem as disorientated and stressed as me. The office doors are frequently closed.

My lunch goes warm after taking it out the fridge and becoming distracted. Lunch becomes more and more unappetising as I race to complete the outstanding OASys and write up logs and share information that needs to be shared. I do all the things I promised the people I have seen that I would do and although this feels good I doubt I will get much thanks or this will be recognised by the powers that be.

I hear about a fantastic colleague who has resigned. She is one of the good ones who genuinely cares and does her best. She has been regularly working till the early hours of the morning too. I feel sad she is leaving and ever so jealous at the same time .. but I have no time to dwell.

I then see one person who tells me that “probation is fucking shit and I hate coming here”. I don’t tell him I feel exactly the same most days. Many of the people I see have had 4 different people as their officer this year alone.. some of them are fed up of explaining themselves and their circumstances to different officers whereas some just grateful that someone has actually asked them to attend.

In between the chaos, I chat with colleagues about how we are all just about coping. Acutely aware that there are new staff members in earshot we try to remain positive ..”I love this job but..” and a newer colleague finishes the sentence by saying “it’s fucking stressful”.

It’s now 4pm. My lunch has gone in the bin and I’m torn between impulsively resigning or having a crying fit such is my level of overwhelm. I am here until 7pm at least. I get more emails from managers reciting their understanding of current policies and processes before they head off home. Some of the information they are sending out is wrong. I foolishly point this out - politely and factually - with the evidence. This is strategically ignored and I am told in email speak to shut up and get back in my box.

And so it continues.. the more questions I ask of the people I am seeing … the more work I appear to cause myself.. which of course would be fine but I know that I simply don’t have the time to complete the actions I need to. I will need to leave the office and log on again at home. Professional curiosity will be the death of me.

I leave the office at 7pm as that’s when it closes. I race home and do what I can on the domestic front only to realise that not only have I not eaten all day, I haven’t gone to the toilet all day and I have a blinding headache. Nevertheless, I log on and do what I need to do.

As I crawl into bed, I start to calculate what I have been paid for all my work today after all deductions .. I don’t contemplate this any further.. I will just get myself into a state.

I will not be able to take the extra time I have worked back. I have effectively worked a number of hours for free and any ideation in respect of overtime I harbour is a fantasy . I consider taking a stand and working to rule and taking all my lunch breaks and TOIL back. I should keep raising this in supervision but god knows when that will be. I want to tell senior managers to shove their job but the fact of the matter is I need the money.

I come to my senses and realise that any raising of issues or if I am perceived as being awkward then this would then likely result in my performance being questioned or accused of being “difficult” by management. This is not a fallacy .. this is my reality. It has happened before and they will put me in the same position again. Why do I care ? If I died or left they would replace me tomorrow.

Most importantly for me.. if I did do this I would not be able to fulfil the promises I have made to the people I have seen and I would not be able to meet all my obligations in respect of safeguarding others. It feels like caring is becoming a curse. I spend the rest of my evening looking at other jobs..

I eventually manage to switch off and fall asleep ..morning comes too soon .. and before you know it I am back at my desk.

Anon

Sunday, 3 July 2022

The Probation Treadmill

I notice that Russell Webster recently highlighted some research by Matt Cracknell and published in the European Journal of Probation. Trying to precis or summarise any academic research is a skilled business and Russell's three minute read is to be commended, but to be honest the ground covered just brings the whole TR omnishambolic nightmare back to mind and the anger means I can't stop myself quoting at length. Yes, I know it's too long and won't play well on a mobile, but; but I just can't stop myself:-

Running on the treadmill: Practitioner experiences of mass supervision

Abstract

This article explores the impacts that the addition of individuals serving short sentences has had on daily practice and working culture for probation workers. These practitioner perspectives are explored through the lens of ‘mass supervision’, providing a new insight into the harms and implications for its inherent deskilling qualities and constraints. This empirical research underlines three main themes related to the harms caused by mass supervision: firstly, that it inhibits innovative practice; secondly, that it necessitates a more limited model of supervision that undermines practitioner autonomy and the reach and scope of the supervisory relationship; and thirdly, that mass supervision corrodes the values of probation staff, leaving many experienced practitioners struggling ethically, practically and emotionally. The experience of mass supervision is compared to a treadmill by several practitioners and employed as a metaphor to analyse practice in the confines of mass supervision as generic, monotonous and relentless.

Findings

Mass supervision and the undermining of innovative practice


The MoJ promoted TR as an opportunity for renewed creativity and innovation, where CRCs would be free from the constraints of centralised top-down management, bureaucracy and report writing (MoJ, 2014a). This led to the hope that CRCs would have the most scope to undertake ‘edgework’ in practice (Burke and Collett, 2015). Worrall (2015) describes edgework as the opportunity for probation workers to put their skills to the test and have creative freedom in their supervisory relationships. One of the principal means of innovating probation work in the case study area involved re-organising the areas’ entire caseload (approximately 20,000 individuals) into five categories, with practitioners working within one of the five cohorts:

1. Women
2. Young Men (aged 18–24)
3. Adult Men (25–49)
4. Older Men (50+)
5. Mental Health

However, there were several failures regarding the cohort model. Principally, the inconsistency in caseloads between the different cohorts. The mental health cohort had a very small number of individuals (one business manager estimated less than 90 for the entire CRC), which barely justified its status as a separate category, whereas the adult male cohort became the most populous cohort. One CRC business manager estimated that contained within the adult male category, were:

About 70% of all service users. It just became this generic catch-all they got thrown into (CRC business manager).

The bulk of the total CRC caseload ended up in one cohort and the majority of this work was labelled as ‘generic’. Frequently, it was those serving short sentences who would be penned into this large catch-all cohort. However, these were still service users that required a lot of resources, time and effort, but due to the large cohort these individuals were allocated to, there often was not sufficient time for the probation worker to build relationships or address all needs. This demonstrates the consequences that ‘aggregation’ (McNeill, 2018) can entail, as individuals subject to this cohort became an indivisible mass.

Furthermore, the cohort system reinforced the encultured thinking that ‘resources follow risk’, and demonstrates the arbitrary nature of how risk is quantified and has been used to divide probation work. principally as the needs of the short sentence population often did not translate into an identified high risk of harm, this could leave CRC practitioners to manage this population alone. Reflecting the views of other respondents, a probation officer explained how individuals subject to short sentences did not attract the additional support that higher-risk individuals might receive:

In general short sentence people tend to be more problematic than higher-risk people, you tend to do more work with them. With a higher risk person there tends to be more agencies you’re working with. With the lower-risk people, they tend to have no job, no home, so there’s a lot more practical work that you’ve got to do. (Probation officer).

The extent of the ‘practical work’ needed with this cohort presented as a particular challenge and contributed towards the difficulties probation workers faced in their supervision of individuals on short sentences. The multi-systemic issues that many individuals serving a short sentence presented with, labelled this cohort as particularly unique and challenging within the system, requiring unique levels of support in turn. However, simultaneously the short sentence was often the most common sentence on practitioners’ caseloads, making them extraordinary in needs, yet ordinary in numbers. This was compounded by the lack of resources the CRC had to adequately address these needs, relegating the short sentence cohort as an undesirable figure of practice. Many probation workers outlined a perceived difference in approach to cases within the NPS and practice in the CRC, again drawing distinctions through the lens of risk, for example one officer noted:

It is a lot harder because NPS clients have access to a lot more resources. They have approved premises and there’s a lot more planning in regards to their release. Because they often have to go through parole and because they’re higher risk, people want plans to be in place. Whereas for our clients on shorter sentences, they don’t necessarily get that, it’s more like, ‘ok you’ve done your 6 weeks, off you go’ and that’s it. (Probation officer).

Practitioners often distinguished the differences in attitude and approach to resettlement for individuals serving short sentences, from those serving longer sentences with the NPS. This perception was borne out of two distinct measurements in facilitating resettlement; resources and time. CRC practitioners held a view that NPS service users retained more value in terms of resources, because they were assessed as higher risk of harm. This included specialist and dedicated planning pre-release, in order to mitigate risks in the community. However, practitioners felt that individuals serving short sentences did not receive the same level of support, despite their high re-offending levels, because of their lower risk of harm assessment and the sheer volumes within practitioner caseloads.

The longer sentences of NPS clients, also afforded these practitioners more time to form resettlement plans and to build a professional relationship. However, the brevity of the short sentence meant this was not a possibility and CRC practitioners complained of very limited timeframes to put resettlement plans into place. This distinction further highlighted the presumed disparity between the CRC and NPS and meant practitioners were constrained in what they were able to achieve with these service users as the support and time was not available. This further contributed towards the devaluing of the work, the staff and the people being supervised.

In this context, working with individuals on short sentences, with their array of attendant needs, mass volumes and high rates of re-offending, exemplify the increasingly degraded ‘dirty work’ (Mawby and Worrall, 2013:8) (meaning work that is necessary for society, but is becoming devalued and viewed as unpleasant) of CRC practice in comparison to the high risk and high-value work of the NPS. Within this impaired and under-resourced practice, many serving short sentences were left to churn and recycle through practitioners’ caseloads. Practitioners seemed unsure of how best to support these individuals and provide adequate resettlement support to stop the revolving door of re-offending, further demonstrating that risk does not always represent complexity in the work that is done with a service user, this was illustrated by one officer:

I’ve got one at the moment… Soon as he goes in, he comes out, soon as he comes out he’s back in. He came out again last week and in less than a week he’s back in again. That’s because the licence period isn’t long enough and there isn’t much you can do on it. (Probation officer).

The exasperation of working with individuals serving short sentences and their relative unattractiveness as a type of sentence to effectively engage had also been realised on a wider level by the managerial team of the case study CRC. A partnership manager outlined the difficulties the CRC had in effectively managing this group, the uncertainty regarding what worked to reduce re-offending and the negative impact of the inability to achieve any tangible results in reductions in reconvictions:

This service user group has the highest and most prolific offender characteristic set, 60-70 previous offences sometimes. disproportionally most of the re-offending is coming from this group, which has been over and over through the prison revolving door and no one can ever really figure out what to do with them… I don’t think any of these CRCs have really found their attempts at being innovative have been that fruitful. I think most CRCs are just trying to retract a little bit. (CRC partnership manager).

The inability to ‘figure out what to do’ regarding the engagement and management of the resettlement needs of short sentence individuals, resulted in a curtailment of the innovative approach previously envisioned for the CRC, with a return to a more prescriptive and bureaucratic system to manage the demands of mass supervision.

The retraction of innovative practice: adapting to the realities of the short sentence caseload and mass supervision

The realities of caseload numbers and the inherent difficulties of managing the short sentence cohort, meant that the ambitious plans for autonomous staff operating away from central government oversight was replaced with a more centrally accountable administrative system. The model that replaced it was reported by practitioners as having led to an overtly office-based and desk-bounded administrative staffing culture, ultimately serving to restrict practitioner autonomy. This system ensured that officers were primarily tasked with producing timely statistical inputs and ensuring all IT data systems were accurately maintained. These activities took precedence over meaningful engagement with service users.

One of the primary indicators which encapsulated the re-configuration of the practitioner role as administratively focused, was through the implementation of a planning and engagement system called plan, meet and record or PMR. This included: planning the meeting with the service user, meeting the service user and then recording the meeting. All three parts should have taken place within a 1 hour window to ensure practitioners time was used productively. The use of this system indicated a move towards efficiency as a priority in CRC practice. This further signifies the prevalence of entrenched managerialism in probation practice (Tidmarsh, 2021).

A consequence of the implementation of the PMR 1 hour window, was its restrictions upon the scope and remit of the supervisory relationship, limiting it to a highly regimented and transactional practice, which rarely provided opportunities to explore anything beyond signposting to address immediate practical problems. This resulted in relegating the importance and centrality of supervision within probation practice and ensured supervision became a more clinical undertaking. For example a PSO provided an overview of what supervision sessions usually consisted of with her service users and what the aims and scope of these sessions were:

See where they are, see if they’ve had their housing sorted out, see if they’ve had their benefits sorted out, see if there’s issues with their accommodation, see if they are attending their appointments with the drugs agency and they are engaging. (Probation service officer).

Many of the individuals interviewed also shared similar experiences of supervision practice. This has often left the relational aspect of supervision to be replaced with a more distant experience, where the practitioner operated a series of pulleys and levers to ensure the service user was redirected towards the most appropriate agency. By concentrating on practical issues and breaking resettlement down into a disparate set of needs to be met, important elements of skilled practice, such as the motivational and therapeutic aspects of supervision became neglected. These are aspects that Maguire and Raynor (2017) contend are crucial for effective resettlement.

The priorities of the supervising officer could shift away from facilitating meaningful and long term change, towards fulfilling a far more modest set of administrative inputs and processes, ensuring the basic management of the case. This altered supervision to a means to an end to meet central MoJ targets. The signposting system also limited the role of the practitioner, making their former position as an agent of change redundant and re-configured their role into a broker and facilitator that redirected the service user to the most appropriate resettlement expert. This served to foster a sense of detachment between the service user and practitioner, which did not provide a positive grounding for a meaningful therapeutic relationship. This further demonstrates inherent harms caused by the ‘aggregation’ of mass supervision (McNeill, 2018), which narrows and reduces the role of the probation worker and the importance of the supervisory relationship.

It is within this context that PSOs became a more central part of CRC practice. Canton and Dominey (2018: 273) describe PSOs as ‘paraprofessionals’ who do not have the training and qualifications or hold the same responsibilities as probation officers. In the case study office, TR also oversaw a realignment of job roles and the case administrator role was abolished; these former administrators were retained as PSOs. This reflected the new realities and shifting priorities of CRC practice, away from the relational aspects of engagement and towards a tightly constricted and standardised processing model of management. It is within this model that the former case administrator staff were perceived as best placed to efficiently perform these new core requirements. Several practitioners outlined concerns regarding the proficiency of some of the new PSOs. Reflecting this, a business manager outlined the lack of relational and supervisory skills that the former administration staff possessed:

They had 2 weeks of training and that’s it, they hadn’t had any training as far as the essential skills of probation. The training is just the bare minimum and they’re asked to adhere to these standards, these timescales. They wanted staff to be managers of stuff, rather than engaging service users because that’s just so much more time consuming. (CRC business manager).

Here, training was focused on the basic procedures of managing cases and instilling the importance of timescales and standards, reflecting the back to basics core priorities of the case study CRC. Canton and Dominey (2018) assert that probation training can serve to sustain and transmit probation organisational culture. However, the emerging administrative top-down culture of the case study CRC no longer required the training of practitioners to be skilled in the ethos of engagement and rehabilitation. This was because it was not a core requirement of the CRC practice. This could create a culture of practitioners less willing (or able) to be flexible in their approach or focused on building a professional relationship.

Many practitioners, particularly those with extensive experience pre-TR, struggled to adapt to the new realities of practice in the CRC. For these experienced officers, this caused tension between personal values and the organisational imperatives of the restrictive CRC framework. Numerous officers in the case study CRC articulated a struggle to maintain a way of working which was consistent with a set of values and beliefs centred on rehabilitation and engagement. These values often seemed incompatible with the new administrative and technical imperatives of mass supervision. Robinson (2003) refers to this process as ‘technical proleterianization’ which relates to the practitioners loss of control over the labour process and prescribed and routine practices that are imposed on probation workers.

The struggle of maintaining ‘old school’ probation values, within the new realities of mass supervision

Many practitioners articulated a concern that the operational imperatives of the CRC, including the extensive caseloads of officers and the resulting data inputting administrative processes, seriously curtailed the ideals of the therapeutic principles of supervision. Instead, there was an expectation to undertake tick-box work and appointments were formulated into a conveyer-belt of continuous limited check-in appointments in order to meet the large volumes of cases that practitioners were tasked to supervise. A business manager explained how this operated in practice:

We’re forced into a model now of everyone gets seen for 15 minutes, then the next one, then the next one. That’s because of the volumes we have. We had to reduce staff and so everybody has huge cases now and nobody has time for anything else beyond tick-boxing. Even though a lot want to do more of the therapeutic engagement stuff, actually working with someone to help change their lives. That’s why a lot of them got into it in the first place. (CRC business manager).

The realities of mass supervision necessitate a conveyer-belt model of case management which had severely limited and standardised supervision into a one size fits all framework. Within this model, probation practitioners with experience pre-TR struggled to adapt to these new realities and faced considerable barriers to maintaining an ethos conducive to their values and beliefs. Experienced officers outlined some of these challenges, as the current conditions of CRC practice enforced limitations within which practitioners must conform in order to operate. For one officer, this meant limiting the scope of probation appointments, which he worried would harm the value of supervision and inhibit trust and communication with the service users on his caseload:

I used to see everyone for an hour. Because that was the ethos of how you work with them. But now, it’s just not possible. It’s hard for me and a lot of colleagues to change the way we work. My training was about rehabilitation and now you’re telling me I’ve got to work differently. (Probation officer).

Other experienced practitioners in the case study CRC, including a PSO with over 14 years’ experience, also appeared to struggle with this conflict between the new practice model and the value base of traditional probation training. The PSO articulated a struggle where the day-to-day realities of CRC practice conflicted with his value base and even inhibited his motivations for the job:

You’ve got certain targets that you need to meet. They say on one hand to spend less time with the service user, but also you still need to produce quality work and it’s just not possible. I’m from the old school where I feel like I need to do quality work with people. These are people’s lives we’re dealing with. I want to go home in the evening and say ‘you know what, I did something good’. (Probation service officer).

Several experienced practitioners outlined a struggle to make practice meaningful and fulfilling. They felt restricted in their ability to affect change and this led in some instances to dissatisfaction with the job. This struggle existed in a system of practice where service users’ needs were secondary to practice imperatives. Their realities and issues were subsequently reduced to a series of needs identified in tick-box risk assessments, which the practitioner monitored and managed in 15 min check-in sessions and then portioned these issues off to an appropriate expert. This indicates that the aggregating features of mass supervision frustrated and dissatisfied these experienced probation workers and demonstrates that there is a burden felt not just by service users, but also the practitioners who are responsible for their supervision. Fenton (2015: 1415) in her study of criminal justice social workers in Scotland refers to this as ‘ethical stress’, which is generated by the inability of workers to base their practice on social work values.

The relational value of supervision was clearly still central to several practitioners practice and one officer referred to himself as ‘old school’ probation, viewing probation practice as a vocation that placed importance on the individual and making a positive change. In this respect, these practitioners’ experiences and value base were in line with what Burke et al. (2017) term the ‘marooned’. However, increasingly the case study CRC leaves limited space for probation workers who exuded ‘old school’ probation values. Instead, the realities of mass supervision are more predisposed towards the more pragmatic and adaptable individuals who were more office-bound, comfortable with ICT systems dominating their working practice and ambivalent about offender engagement. It was these individuals that better fit the needs and requirements of mass supervision.

In this context, ‘old school’ probation values and practices were struggling to survive and experienced officers felt uncomfortable in adapting to this new culture of practice, as it conflicted with their values. This resulted in experienced practitioners becoming part of a marginalised ‘probation diaspora’ (Burke et al., 2017: 194) who were expected to conform and adapt to these new realities. This ongoing struggle took place against the more adaptable probation practitioners who had not been exposed to probation practice pre-TR and were comfortable operating within the existing managerialist target culture.

Running on the treadmill: Conceptualising mass supervision

Commenting on the effects of a target-based culture on CRC practice, then HM Chief Inspector of Probation, Dame Glenys Stacey (2019: 3) stated that ‘CRCs are understandably focused on meeting those transaction-based targets. They are kept very busy, doing that. Many are running to keep still. Running on the treadmill’. The metaphor of ‘the treadmill’ had also been used by various practitioners in the case study area to describe the nature of their work.

A conventional definition of a treadmill would describe it as a machine powered by a conveyer-belt, commonly used to run, walk or climb at a controlled and measured pace whilst staying in the same place. Unlike conventional running, this activity lacks any conventional end-point. It is often critiqued as a monotonous and generic activity not requiring any particular skill. The use of the treadmill also takes place in an individualised ‘atomised space’, where the human is reduced to ‘machinelike processes’ (Greif, 2016: 360). However, in this context, the treadmill is used here as a fitting metaphor to identify the relentless, yet monotonous and often repetitive nature of mass supervision. The treadmill encompasses the conveyer-belt of repetitive assessments, standardisations and target hitting data-inputs. It is used to explain the frustrations of constantly working to keep up, but not achieving any significant progress or tangible end-result from the often exhaustive work. The treadmill metaphor helps to describe the atomised nature of supervision practice, which has become disconnected from its intended relational and therapeutic meaning, to become a less skilled practice. The treadmill also denotes the constraints placed on practitioners, where practice was no longer allowed to deviate from the pre-determined path laid out in front of them. Finally, the treadmill represents the increasingly generic and de-skilled nature of the job.

A probation officer used the treadmill metaphor as a way to describe the almost frantic nature of her daily practice, constantly working to keep up, but feeling like she was not able to undertake any meaningful work or achieve any tangible outcomes. This could be a frustrating and often futile experience:

I’m trying to do everything on a treadmill. They’re just in and out and it can be frustrating as you can’t do any meaningful work with those that might need it. Those with the shorter sentences you’re always on the treadmill - if they want someone met at the gate, if they need an appointment and support for housing if they need their benefits started. You’re constantly on the go of trying to make sure each person sees everyone that they need to see, whether it means anything to them or not. (Probation officer).

For many practitioners work was paradoxically generic and de-skilled, as it was simultaneously exhaustive and relentless. In this respect, it was the extensive needs of individuals serving short sentences, combined with the external pressures of high volume caseloads and meeting targets, which inhibited and devalued CRC practice into a treadmill. Practitioners were rarely able to identify any positive achievements or end-results with the short sentence cohort, as the limited time and space did not allow for creative or meaningful skilled work, set outside of the limited managerialist parameters and pressures. Exemplifying the views of other practitioners, a PSO outlined her experiences of running on the treadmill. She captured the lack of autonomy and agency in being able to provide meaningful support for individuals serving short sentences. Instead, the relentless levels of work leave the PSO just trying to keep up with her workload:

When it comes to really short-term sentences, we don’t have time. We have really big caseloads, we’ve got to get around everyone…When you think you’ve cleared it, a whole new heap comes on, it’s just continuous.(cracknell, 2018) (Probation service officer).

Discussion: The future of probation practice in the era of mass supervision; How do we get off the treadmill

This article has sought to make an empirical contribution to our understanding of ‘mass supervision’ and how its impacts reach beyond the type of supervision that service users are receiving, but also directly effects probation workers, who suffer ethically, practically and emotionally from a relentless persistence to do more with less. This research has also highlighted a discrepancy between the level of need and complexity of the short sentence cohort, and the inadequate time and resources practitioners are provided to undertake effective work with this group. The inability to provide support beyond routinized and technical work, has serious detrimental consequences. Indeed, the Probation Inspectorate (HMI Probation, 2020) found that 40% of serious further offences came from CRC service users. This demonstrates the significance of this work and the dangers of not properly equipping staff with the time and space to build relationships with people to protect the public, when scaling up supervision to a new group.

Returning again to McNeill’s (2018) understanding of mass supervision and aggregation, this research underlines the consequences for the mass processing of individuals, demonstrating that alongside curtailing innovation and limiting the probation worker role, it further corrodes the values of many officers. This can have serious negative outcomes to the service, and serves to undermine public protection and rehabilitation.

This article focuses on practice in one probation area, at one particular point of time. As such, further research is required in order to develop a national picture of what may be occurring at the frontline in other areas. However, empirical research on TR demonstrates an emerging pattern of considerable constraints on effective practice in multiple areas of modern probation. This includes the ‘relentless’ nature of high-risk work in the NPS (Phillips et al., 2016); the increased growth of standardised office-based work in the CRC (Tidmarsh, 2021); the ‘McDonaldization’ of court-based work (Robinson, 2017); the challenges to supervision practice (Dominey, 2019; Robinson and Dominey, 2019); how payment-by-results has centralised practice, inhibited practitioner autonomy and innovation and entrenched a ‘box-ticking’ culture (Tidmarsh, 2020); and an interlinking set of work-based harms caused by TR and the wider conditions of austerity (Walker et al., 2019). Collectively, these findings suggest that the impacts of ‘mass supervision’ became a structural issue for probation practice during TR, and that the Government should be held accountable if staff are not provided the means to provide meaningful and effective support.

The recent reunification of the probation service provides a unique opportunity to re-imagine probation practice into a framework that places the relational aspects of probation as central to practice. The recent HMPPS, Target Operating Model for Probation Services in England and Wales (2021) outlines three ways that could potentially mitigate the harms of mass supervision: the ‘probation workforce programme’; the ‘short sentence function’ and a ‘national culture implementation plan’.

Firstly, a ‘probation workforce programme’ has been implemented, with plans to recruit an additional 1000 new probation officers. A central aim of this programme is to bring caseloads down by 20% (House of Commons Justice Committee, 2021) to ensure officers across the service have sustainable caseloads. However, it will take time and resources to recruit and train these new officers, so it will certainly not be an instant solution. Indeed, it is estimated that it will take until 2023 to reach this aim, and initial caseload allocations in the newly reunified service have been described as ‘enormous and unworkable’ (House of Commons Justice Committee, 2021: 35). Furthermore, it is important that when these new staff are recruited, that they are properly supported in order to help retention. To address this a peer support programme is being implemented but does not appear to be fully utilised yet (Ibid).

Secondly, the new operating model has also designed a specialist ‘short sentence function’, where each probation region will have a dedicated team that works with individuals serving sentences of 10 months or less. These teams promise to promote a way of working that values intensive community work, alongside a flexible and responsive approach and building a trusting relationship (Insights, 2021). Notwithstanding the difficulties of achieving this with an inherently complex and challenging group – often distrustful of probation services (Trebilcock, 2011), it is important that the short sentence teams do not become a generic catch-all as we saw in the case study area, and that the practitioners who work within these teams are provided with the time, space and skills to work effectively with individuals subject to short sentences.

Thirdly, the model outlines a ‘national culture implementation plan’, which aims to ensure concerns around the fractured relations between CRC and NPS staff caused by TR are addressed. The model highlights professionalism as a central theme in staff development and seeks to implement Professional Standards alongside a professional register framework of probation practice, in order to safeguard these standards. The model also promotes a new integrated programme of training – however, it does not specify if staff who are migrating from CRCs – particularly those with no practice experience pre-TR – will receive adequate training to ensure they can work with a wider variety of clients.

Although these reforms should be viewed with cautious optimism as a means to promote the probation value base, it remains to be seen if this alone will be enough to help practitioners to step off the treadmill. Indeed, the most important factor for a sustainable probation service is to now provide a period of sustainability for the service after the numerous penal turns it has faced, and provide practitioners with the space, time and skills to provide meaningful change to the individuals they supervise.

Matt Cracknell

Friday, 1 July 2022

An Opportunity

For those either living and/or working in London, here's an opportunity to have your say on what you think of the 'new look' probation service:- 

Probation in London

The London Assembly Police and Crime Committee has launched an investigation into the London Probation Service.

We will consider how the London Probation Service is working in partnership with statutory agencies and voluntary sector organisations since reunification, to support people under probation supervision and reduce their risk of reoffending.

Background

In June 2021, the London Probation Service was established, signalling a major change in how probation services are delivered across London. The creation of the London Probation Service was part of wider reforms to the delivery of probation services across England and Wales.

These reforms brought to an end the previous Transforming Rehabilitation model, which split the delivery of probation between privately-operated Community Rehabilitation Companies and the state-run National Probation Service. In its place, the Probation Service was established, with London as one of its 12 regional units across England and Wales.

The reunified service is responsible for the delivery of all sentence management, Unpaid Work, structured interventions and the commissioning of rehabilitative and resettlement services from third-party providers.

One-year on from these reforms, the Police and Crime Committee will consider how well the reunified model is operating and whether it is working as effectively as it can with partner agencies such as the Mayor's Office for Policing and Crime (MOPAC), the Metropolitan Police, London Boroughs, voluntary organisations and community sector organisations, to reduce reoffending.

Key questions

1. What, if any, improvements have there been in the delivery of probation services in London one-year on from reunification? Please refer to any aspect of probation delivery you have knowledge of, i.e. 
  • advice provided to court
  • pre-release planning
  • resettlement support
  • access to accommodation
  • sentence management
  • delivery of Unpaid Work, accredited programmes and structured interventions.
2. How have changes to probation services affected partnership working between the London Probation Service, MOPAC and the Met?

3. Has the experience of those bidding for contracts or applying for grants to deliver services under the new model improved, either through the London Probation Service or MOPAC?

4. What further action could MOPAC and the London Probation Service take to access voluntary sector expertise in the design and delivery of services aimed at reducing reoffending?

5. Are the specific needs of women being met under the reunified probation service?

6. Are there particular challenges facing Black, Asian and/or minority ethnic people under probation supervision in London?

7. Are the specific needs of other groups of Londoners being met under the reunified probation service? For example, disabled people, people who are LGBTIQA+, older people etc.

8. Do you have any other thoughts in relation to probation services in London not covered by the questions above?

How to get involved

Submissions should aim to address any of the questions outlined above, and other issues that are relevant to the investigation.

We are keen to hear from probation practitioners, campaigners, voluntary sector organisations, London boroughs and anyone else with an interest in this topic. We also particularly welcome evidence from service users and those with lived experience of probation services in London and are open to receiving evidence in different formats, such as videos or voice recordings if that makes it easier for someone to respond.

To contribute, please send submissions to the committee by the deadline of Monday 18 July 2022 by emailing scrutiny@london.gov.uk using 'PCC - probation investigation’ as the subject title. 

Tuesday, 28 June 2022

Can We Dare to Hope?

We all know things are even worse post reunification and I thought this contribution from yesterday was interesting:- 

"We all know that the Probation Service no longer functions in a healthy way, doesn’t adequately keep the public safe or successfully rehabilitate the vast majority of our clients. Nor does it provide a safe or healthy place for staff to work. So I ask, how, as a group, we can come together to bring about change in a constructive and meaningful way. We know the unions are ineffective so it’s time to take a different approach. I suspect many reading this blog have views as to how to bring about collective change. I would love to hear your views."

Particularly in view of this event organised by the Institute for Government the very same day:-

Unification of probation services: one year on

The new unified Probation Service combined the previously outsourced management of medium- and low-risk offenders with the public sector National Probation Service, which managed high-risk offenders. Launched by the government on 26 June 2021, it was the fourth major restructuring of probation services in 20 years.

This involved hundreds of thousands of cases, thousands of staff across hundreds of sites, six companies and scores of sub-contractors – all with different ways of working.

One year on, how well has the transition worked? What more needs to be done to improve the running of probation services? And what opportunities – and challenges – could the next year bring?

To discuss these questions and more, the IfG was delighted to bring together an expert panel including: 
  • Jim Barton, Executive Director for the Probation Reform Programme at the Ministry of Justice
  • Suki Binning, Chief Social Worker at Seetec and Executive Director at the Interventions Alliance
  • Linda Neimantas, Head of Probation Inspection Programme at HM Inspectorate of Probation.
The event was chaired by Nick Davies, Programme Director at the Institute for Government.


and again the same day is possibly something of even greater interest, news of this:-

Rehabilitating Probation

Rehabilitating Probation is a three-year ESRC-funded research project, exploring the most recent iteration of probation reform in England and Wales. Probation services across England and Wales were reunified following a period of large-scale privatisation under Transforming Rehabilitation reforms implemented in 2013, which had led to the establishment of a publicly operated National Probation Service (NPS) and a number of private Community Rehabilitation Companies (CRCs).

In June 2020 the public and private arms of probation were brought back together under a newly constituted public Probation Service. This project explores this significant public service reform, the scale of which is unprecedented. Our research will capture the experiences and consequences of reform at:

(a) local, regional and national levels; and

(b) from a range of perspectives, both within and outside of the probation service.

Through a series of work packages and research activities that run in parallel throughout the project, our study is recording the impact of reform at local, regional and national levels and from a variety of perspectives, including: probation staff; senior managers; policy makers; people on probation and external stakeholders.

--oo00oo--

Lets all hope it's the beginning of a new probation age that can break free of civil service command and control!  

Sunday, 26 June 2022

What Chance?

Clearly the current RMT dispute and rise to fame of Mick Lynch their General Secretary has very effectively turned a spotlight on wages generally and the sharply rising cost of living for everyone. Despite the best endeavours of both the government and much of the media to deliberately distort the basis of the dispute, it's quite likely Mr Lynch's plain speaking style will win the day and probably the claim. So, with other employment sectors rapidly joining the fray, including criminal barristers withdrawing their labour from tomorrow, where does this leave probation? 

I was particularly struck by this recent contribution:-   

The difference between the RMT union and Napo is that RMT members are more likely to honour a democratic vote to strike. From experience as a Napo member over 25 years to 2012, many members seem to take a democratic vote to strike as optional thus resulting in a lack of solidarity. As an occasional reader of this blog I note a constant thread of criticism of Napo and in particular of Secretary Lawrence. I ask you how can any trade union can function effectively without a membership committed to taking industrial action when required. Jim's blog is a great resource informing Probation staff and the wider world; however I feel that some commentators let it down by constantly sniping at Napo. I urge staff to join Napo, get involved, steer secretary Lawrence's efforts and give him some muscle in wage negotiations. As things stand, employers know that probation staff are a pushover and so you get shafted.

Of course it's long been true that probation staff have been very reluctant to strike and I'm afraid it's hard to escape the conclusion that as a result you get shafted. In May a joint union pay claim was submitted:-

UNISON, Napo, and GMB/SCOOP have submitted the following three-year pay claim on behalf of members in the Probation Service: 
  • A three-year award to cover 2022, 2023 and 2024 pay years
  • An increase in the value of all pay points of 3% above the Retail Prices Index (RPI) of inflation on 1 April 2022, 1 April 2023, and 1 April 2024
  • An increase in the value of all Probation Service cash allowances of 3% above the Retail Prices Index (RPI) of inflation on 1 April 2022, 1 April 2023 and 1 April 2024
  • Shorter pay bands allow staff to reach the top of their pay band in a shorter time
  • Removal of pay band overlaps
  • An increase in the HMRC Fixed Profit Car Allowance
PROBATION NEEDS A PAY RISE

While a wage keeping pace with the cost of living each year would have risen by 42.9% (compound) since 2010, pay in Probation has risen by just 1% over the same period, which means that thousands of pounds have been cut from the value of staff wages.

By ‘pay rise’, we mean an actual increase in the value of pay points. It is these values which have only gone up by only 1% in the last 12 years for probation staff.

Do not confuse your annual increment with a pay rise. Your increment is a contractual entitlement, not a pay rise.

Here is how probation staff compare with their police staff, local government and health service colleagues in relation to actual increases in the value of their pay since 2010:
  • Probation Staff: 1%
  • Police Staff: 15.8%
  • Local Government Staff: 14.6%
  • NHS Staff: 14.2%
Remember, staff in the police, local government and the health service have had their increments in addition to the pay rises above. It is no wonder that leaving probation for a job in a different part of the public sector has become so attractive.

COST OF LIVING CRISIS

Inflation is currently running at 9% (March 2022) which is the highest level in three decades. For the value of probation staff salaries not to fall back even further, they must at least keep pace with predicted rises in the cost of living, which Treasury forecasts put at 7.4% in 2022[1].

Staff have experienced an enormous surge in costs over the last year, including:
  • A 29% increase in gas bills;
  • A 21% increase in petrol prices;
  • A 19% increase in electricity bills;
  • A 10% rise in the price of buying a house and a 9% jump in rent for a new rental property.
These demands on pay packets will be even greater against the background of the 1.25% increase to National Insurance contributions over 2022/23.

--oo00oo--

I notice that Napo is showing solidarity with RMT in their current dispute. When they win, I wonder what chance there will be that probation staff will take similar action? Past behaviour is usually a strong indicator of future behaviour, so I'm guessing there will be some huff and puff; many staff will leave, but sadly most will be resigned to being continually shafted, now as mute second class civil servants. Probation has been very effectively neutered.

Saturday, 18 June 2022

On a Wing and a Prayer

In between the desperate recruitment appeals and naff management foodie pics, I continue to find my probation Twitter feed full of excited upbeat guff about digital this and that, "hugely rewarding" team building days and most recently, a lavish London conference on modernising the criminal justice system where the minister Victoria Atkins didn't even mention probation at all! 

By way of contrast, I see Matt Tidmarsh, an academic at the University of Leeds, has published via Twitter some interim findings of his latest research:-  

1/ For the last few months, I’ve been researching prof. identity, culture and practice in probation after TR. I’ve interviewed 35 staff so far, with just three more to go. Since data analysis is not as fun as I remember, here are some procrastinatory preliminary findings:

2/ Feelings are mostly mixed on reunification: staff are happy that TR has come to an end but frustrated that so much money was wasted on ideological indulgences. Some have spoken of TR through the lens of grief

3/ There is a sense that the ‘two-tier’ nature of TR, with CRCs and their staff viewed as inferior, persists. However, lots have also commented on how reunification has restored a sense of professional identity, as ‘we’re all one service now’

4/ Probation is not a good fit with the Civil Service. With TR, there was an obvious ‘bogeyman’ (Grayling) on whom to pin frustrations. In the absence of such a figure since unification, a grey, faceless ‘Civil Service bureaucracy’ has come to (partially) occupy this role

5/ Skills/attributes required to be good at probation can be split into the interpersonal (e.g. empathy, emotional intelligence), organisational (e.g. report-writing), ability to cope (e.g. resilience) and personal factors (e.g. values)

6/ I should say skills/attributes is arguably the most ‘preliminary’ of these findings, and I need to do much more work/thinking on these categories – so any feedback appreciated

7/ Quite a few staff (mainly men) want to see more men recruited. Often, this has been tied into calls for a greater diversity of life experience in the service. This includes hiring people with lived experience of the CJS, as well as more people from minority ethnic backgrounds

8/ The feminisation of probation is interesting and, in my view, has been underexplored. On why, responses can be separated into three: pay, the demography of (social science) courses from which many are recruited, and the ‘caring’ nature of the role

9/ Feminisation is difficult to write about as you’re never too far from gender tropes. To be clear, I’m not saying that women are prepared to work for less than men, that they’re more suited to probation because ‘caring is a woman’s work’, nor that fem. is necessarily a problem

10/ Rather, the need to have an ‘appropriate’ degree for the PQiP has meant a pipeline has been established between it and social sciences courses (like criminology) dominated by women. This, added to poor pay in the service (more below), has meant far more women enter than men

11/ Again, I’m not saying this a problem, but most staff are glad that the need to have an ‘appropriate’ degree has been scrapped. Hopefully, this will help attract a much broader range of individuals into probation work

12/ While those on the PQiP speak highly of it, general prof. development is not fit for purpose. Mandatory e-learning does not adequately reflect the different learning styles of staff – ironically, something the service prides itself on in its work with people on probation

13/ The main barrier to entry, though, is pay. There is a strong sense that pay/caseloads simply do not correspond to the level of responsibility practitioners have. An obvious point, perhaps, but this has been the most common lament

14/ Working conditions generally are not good. Staff are overworked; many have expressed the view that it is bad for clients and dangerous for the public. Senior management are aware and are working to fill vacancies, but ‘we can’t magic probation officers out of thin air’

15/ Consequently, the (voluntary, private and statutory) services that orbit probation have never been more important. More work should be done to collaborate/share resources so that these dots are better connected - see me and @iancriminology

on this: https://mmuperu.co.uk/bjcj/articles/beyond-marketisation-towards-a-relational-future-of-professionalism-in-probation-after-transforming-rehabilitation/

16/ ‘Probation values’ persist. This is not a particularly original finding given the weight of research in this area. Yes, some argue that they have been ‘lost’ (again, hardly original); but beneath that, staff still enter the profession for the same reason - to help people.

17/ The last point should give hope for the future. Many of these issues will take time to fix – one senior manager suggested 3-5 years. The points mostly relate to practice/experiences of change, and I've yet to do much of the heavy lifting on identity and culture

18/ I hope some of these (very preliminary) findings find resonance with people working in/on probation; and, if not, then they at least find them somewhat interesting! ENDS

Matt Tidmarsh is a lecturer in Criminal Justice at the School of Law, University of Leeds. He completed his PhD on staff experiences of the Transforming Rehabilitation reforms to probation services in England and Wales, at the School of Law, University of Leeds, in November 2019. His research interests are interdisciplinary, drawing from criminology, sociology, and penology – with a particular focus identity, culture, and practice in probation.

Friday, 17 June 2022

Doing the Right Thing

A funny thing happened yesterday. By a strange historical quirk, for many years I've been a shareholder in a smallish regional Housing Association and they've started having shareholder engagement briefings held under 'Chatham House' rules. I decided to roll up and found it absolutely fascinating in several respects, not least the care with which they had supported staff forced to work remotely through lockdown; the way in which the sector was becoming a target for government attack, but most interesting, the thought that was being given at Board level to the culture of the organisation in being able to do the right thing in terms of serving the needs of their client group. The comparisons and contrasts to the probation journey could not be more stark. 

Here was an organisation reminiscent of my old locally-run Probation Service, trying to do its best to deliver quality services to ordinary people within an incredibly challenging political, economic and social policy environment, but with such care and thought. What really struck me was that such a process was only possible because it was not a monolithic, bureaucratic command and control structure. As is so often the case, it got me thinking about our predicament and how we must do something! This had been on my mind for several days:-     

"Does anyone actually read those journals? They are so dry and so removed form day to day reality of the job I doubt many do, unless maybe they are retired and missing the stimulation of Probation World. On another note when I told my manager how I felt about the post CRC world and inability to keep up with everything I was pretty much told by him to look for another job. Demonstration of great management skills and motivational interviewing. Next time a POP tells me they are struggling to cope with their life I should maybe take a leaf from his book and say ' stop whingeing and get on with it or ship out you loser'. I'm sure as long as I put a load of twaddle on my Delius entry, smile inanely and get my OASYS in on time, not forgetting the 4 pillars I would get top marks from the performance Police!"

What on earth is happening to the probation culture? Well, this contributor has been reading a journal:- 

"There's a great piece in the Napo Journal about values and ethics: stirred my soul and I recommend it, not least as the authors argue that doing the right thing, based on principles of social justice and basic decency within the all important professional/supervisory relationship is not only rewarding for all involved, but actually effective. I have become so polluted by the current culture that when I cast my mind back to better probation days, I pulled myself up on the basis that I was having a great time, I was having fun. I can predict the slough of irate criticism that might greet that observation, that it was fun. My lord, what have we come to, when the idea that work might be fun, that we could have a laugh, that we enjoyed our work, is anathema. If you can harness the bubbling optimism and creativity of people, you get stuff done. It would be an act of glorious rebellion to have fun in a probation office."

It's probably heretical to admit, but I too find academic journals somewhat dense and no matter how well crafted and argued, unlikely to move the political dial nor focus of public opinion and media attention. To be honest it's why I've stuck to the blog as an attempt in this direction and in the somewhat naive belief that a charismatic probation champion of integrity and wisdom would emerge to make the compelling case to save our distinct ethos and before the flame is finally extinguished. But in the meantime, here is an extract from that article in the latest edition of the Probation Journal 'Probation and the ethics of care' by Jane Dominey and Rob Canton.  

Abstract

Discussions of probation's values can be enriched by an appreciation of care ethics. This approach is explained with attention to its emphasis on relationships and individualisation. The implications for probation's work are explored, including its significance for the supervisory relationship, its challenges for the management of the organisation and the value of individualised approaches. Care ethics argues for practice shaped not by rules and processes, but by people and their circumstances in all their diversity. Care ethics offers a principled and effective approach to probation's work.

Care ethics and the work of probation

Since its early days, probation has explained itself in terms of help and support, has described itself as a caring profession and defined itself in contrast to other criminal justice agencies judged to be punitive; the founding aims of the probation service were to advise, assist and befriend (Vanstone, 2004). However, the responsibilities of probation practitioners also include public protection and the enforcement of court orders. While the notion that care and control are necessarily in opposition is unhelpful (Canton and Dominey, 2020), the idea the probation service should care for offenders sits uncomfortably with political rhetoric that has a focus on punishment, a reluctance to attribute crime to problems in society, and a desire to be on the side of the (ideal) victim.

Yet, as a moral grounding for probation practice, care ethics has much to offer. Probation is a relational activity requiring tough decisions and care ethics has a great deal to say about making moral choices in this context. Shapland et al. (2012), writing about quality in probation practice, make a clear link between ethical practice and the quality of supervision. They contrast utilitarian approaches (conceptualising good practice as that which leads to desired outcomes, often narrowly determined as reduced re-offending in the short term) with rights-based approaches with a focus on ‘commonly agreed good processes of interaction with service users’ (p.10). They then acknowledge the relevance of virtue ethics to probation practice, suggesting that quality practice might be linked to the virtues and character of the supervisor together with the exercise of practical wisdom. They do not explicitly consider the interplay between care ethics and the quality of supervision. Implicitly the link is there; one of their concluding points about factors important for quality prescribes ‘building genuine relationships that demonstrate “care” about the person being supervised, their desistance and their future, and not just control / monitoring /surveillance’ (p43).

However, while some insights from care ethics enrich thinking about probation, others challenge existing probation culture and practice in important ways. Three areas that merit further exploration are the nature of the supervisory relationship, the extent to which a caring organisation is necessary for caring practice, and the insistence on individualised (rather than rules-led) approaches to people and to decision making.

The supervisory relationship

Care ethics is about relationship. In some understandings of probation work relationships are at its heart too, and perhaps even constitute part of the definition of its practices (Canton and Dominey, 2017: Chapter 7 and especially 124ff.). The ability to develop ‘good working relationships’ was the first quality identified by the respondents in the study undertaken by Robinson and her colleagues (2014) - and indeed recognised as a precondition of many of the skills and characteristics that marked best probation practice.

There was some concern that probation's embrace of evidence-based practice (‘what works’) in the 1990s (Home Office, 1995), with its focus on process and programmes, might suppress the importance of relationship. Programme integrity requires that interventions are delivered in accordance with their intended aims and principles: it would otherwise be impossible to compare and evaluate outcomes. Yet a bureaucratic focus on a particular script might leave no room for emotionally literate and flexible practice, reducing the possibility of working in an engaging and responsive way and thus violating the responsivity principle. Proponents of ‘what works’ sought to resolve this tension, arguing that programmes should be delivered in ways that incorporated relational elements of practice alongside staff skills in areas like motivation, modelling and reinforcement. The importance of relationship factors in achieving positive programme outcomes was accordingly reaffirmed (Bonta and Andrews, 2010).

Empirical evidence also points to the importance of good supervisory relationships for outcomes including compliance and legitimacy (Robinson and McNeill, 2010; Ugwudike, 2010). McNeill and Robinson (2013) build on this evidence to argue that the supervisory relationship is central to and crucial for development of legitimacy in probation practice; they warn that this legitimacy, in the eyes of the supervisee, ‘is hard-won, easily lost, and almost impossible to recover’ (p133).

Policy documents and practice guidance for probation describe supervisory relationships as goal-achieving tools:
‘Our planned approach to Sentence Management is based on building strong, meaningful relationships with supervised individuals that provide them with comprehensive support throughout their probation journey, with the aim of achieving better outcomes for them and enhancing public protection.’ (HMPPS, 2021: 54)
However, care ethics insist that trusting and respectful relationships are important not only because the supervisory relationship is an effective tool for achieving correctional outcomes, but because this is the moral way for practitioners and service users to work together. Unlike virtue ethics, which has a focus on the character of the individual actor, care ethics argues that moral choices are shaped in interactions. Ethical probation practice, therefore, requires practitioners to have caring and attentive relationships with the people they supervise.

Relationships in probation are shaped by the power inherent in statutory supervision and by expectations about professional boundaries. Care ethics stress relational mutuality; something identified in the literature about quality probation practice (Shapland et al., 2012) but rarely discussed in policy. However, care does sometimes flow both ways, with service users feeling committed to their relationship with their supervisor (Lewis, 2014; Rex, 1999). Similarly, reporting on the impact of the Covid-19 pandemic on supervision, McNeill (2020) noted that, where there was a strong pre-existing relationship between individuals, supervision by telephone need not be perfunctory but allowed for mutual expression of concern about health and family.

Care ethics does not see the building of caring relationships with service users as a passive or infantilising process (Brown Coverdale, 2018). Rather, good supervisory relationships enable people to develop their capacity to treat others with care and respect. They can play a role in the identity shift associated with the process of desistance (Maruna, 2001). Brierley (2021), bringing together insights from professional practice and lived experience, argues that relationships comprising presence, attunement, connection and trust, have to be at the heart of work with young people with backgrounds shaped by neglect and trauma. Caring and consistent relationships create the space for change. In a similar way mentoring – including and perhaps especially peer mentoring (Nixon, 2019) - often has a decisive influence on the processes of desistance. And mentors do more than offer advice and support; they inspire and can act as a role model. The concept of modelling has been influential in modern probation practice with an awareness that acting ‘pro-socially’ can bring out the best in people (Cherry, 2017; Rex and Matravers, 1998). Yet certainly this is unlikely to ‘work’ unless there is this congruence of action, thought and feeling; without that, interactions will be - and will be felt to be - insincere, condescending and false. Care ethics, then, asserts that the supervisory relationship is morally, not merely practically, important.

Probation as a caring organisation

The quality of probation practice depends on more than the skill and approach of the practitioner: it is shaped by organisational culture. Tronto (2010) considers what it means for an institution to be caring and makes several observations that are relevant to the probation service. She argues that institutions are not caring well when there is evidence of commodification of care, when service users are excluded from decision-making, and when organisational structures hinder rather than help care-giving.

The commodification of probation is most clearly seen in the privatisation that followed the Transforming Rehabilitation (TR) reforms (Dominey and Gelsthorpe, 2020). However, the impact of commodification extends beyond the use of market mechanisms to procure services; it has consequences for the way that rehabilitation and care are conceptualised. Tronto (2010) argues that it is a mistake for organisations to think about care as a commodity rather than a process. Her view that care is not best managed by the market is in line with much criticism of recent probation reform (see, for example, Burke and Collett, 2020).

The TR reforms accelerated the commodification of probation, creating a system that depended on contracts, supply chains and the purchase of fragmented and discrete packages of intervention. The reforms diluted the thick network of relationships (Dominey, 2019) that provide help, support for desistance and the possibility of community integration. The shortcomings of the TR model have led to its further reform (Carr, 2020) and a reduction in the reliance on out-sourced provision. However, under the new operating model (HMPPS, 2021), rehabilitative interventions are still conceived as a product to be provided by and purchased from approved voluntary and private sector organisations.

The insistence from care ethics that caring is a reciprocal process, with importance attached to the voice and response of the care-receiver, may appear to sit uncomfortably in organisations like probation with clear demarcations between staff and service users. The organisation has the power to set the framework for supervision, constraining the actions of the supervisors and leaving little space for the preferences of the supervisees. There are indications, however, that service user involvement is being taken more seriously, while thoughtful commentators who have worked hard to incorporate co-production and participation into their practice highlight the complex and demanding nature of this work (Armstrong and Ludlow, 2020; Weaver et al., 2019). Care ethicists ask probation to move beyond asking service users to complete surveys and give feedback to take seriously the creation of an organisation which includes all stakeholders in the development, delivery and evaluation of services.

Tronto (2010) also asks whether senior managers are attentive to the needs of staff and service users, and whether they care sufficiently about the work to ensure that it is properly resourced and supported. Brown Coverdale (2020: 3), arguing for the applicability of care ethics to the practice of imprisonment, explains that decision making requires the people involved to 'to reason together about how to proceed in the context of other responsibilities and needs and almost always in the context of limited time, resources, and knowledge’ (emphasis in original). As a result of the twin assaults of public spending cuts and the Transforming Rehabilitation reforms, probation work has not been adequately resourced and supported over the past decade. Probation supervisors are not able to work at their best if their caseloads are too large (HMIP, 2021). Where practitioners are stretched too thinly, they are not able to create supervisory relationships that demonstrate care and build trust. Good practice requires more than the commitment and skill of staff; it cannot be achieved in organisations where people are being asked to do too much work with too few resources and where staff have no sense of being cared-for. Above all, the commitment to care should infuse the whole organisation: managers and practitioners should demonstrate this care to one another in support of the agency's commitment to care for those who use its services.

Individualised approaches

Finally, care ethics calls for a practice approach that is inherently individualised and responsive to the situation and distinctive circumstances of the service user. In this sense, it aligns comfortably with desistance-focused practice with its stress on the importance of individualising support for change, led by those striving to desist who will bring their own distinctive aspirations to this process (McNeill et al., 2012).

Current approaches to practice (shaped by standards and rules ostensibly intended to achieve consistent treatment for service users and uniform behaviour by staff) struggle with the notion of individualisation. Allowing practitioners to step outside guidelines appears to risk the possibility of inappropriate discrimination. Staff do have discretion to depart from the standards, but this discretion is subject to monitoring and managerial oversight. Individualisation is identified by practitioners as part of good quality probation practice (Robinson et al., 2014) and intrinsic to approaches shaped by care ethics; it fits less well with rules-led practice models.

Care ethics also challenges the way that probation practice deals with the assessment of need. The care ethics perspective takes more account of needs than rights or abstract principles; it insists that the moral approach is to allow individuals to identify their own needs. Noddings (2015) acknowledges the complexity of this (needs are not the same as whims or preferences) but counsels against trying to define needs precisely. She warns care-givers against confusing their needs with those of the other and of making assumptions about needs. She identifies that needs arise together and not in sequence (someone can need both food and respect). Tronto (2010: 163) argues that ‘the process of determining needs is one of the foremost political struggles of any account of care’ (emphasis in original).

In the probation world, need is often defined by the organisation and squarely linked with the ‘criminogenic need’ associated with ‘what works’. Criminogenic needs are those factors assessed as underpinning offending behaviour. They are the targets of correctional interventions (including cognitive behaviour programmes and drug treatment interventions) and easily reconceptualised, not as needs but as dynamic risks (Ziv, 2020). Proponents of ‘what works’ do not argue that non-criminogenic needs should be ignored, but rather that criminogenic needs must be the focus of interventions intended to reduce recidivism. Yet this over-narrow definition of needs ignores the social injustice that underpins much crime, reframing disadvantages as dynamic risk factors, as well as ignoring issues of difference and diversity.

Probation practice makes assumptions about service user need and, in turn, service users have limited opportunity to identify their needs for themselves. The assessment process is shaped by tools that prioritise dynamic risk factors and is driven by timescales set in national standards. There is limited scope for individualised assessments in which service users are enabled and encouraged to explain how their period of supervision might be made most helpful. Among the insights of desistance theory is that change is best supported by attending to strengths and to aspirations which must not be set aside because of preconceived notions of problems and what would be a solution to them.

Care ethics argues for practice that is shaped not by rules and processes, but by people and their circumstances. The argument is not that current practice never permits staff to respond with latitude and discretion but rather that it is often too hard to depart from the rule or standard given that adherence to it will always be ‘defensible’, however wrongheaded. However, calling for increased opportunities for practitioners to respond to service users as individuals is not the same as advocating for practice that is unaccountable and without scrutiny (Eadie and Canton, 2002). Such practice does, though, require investment in and commitment to the systems that support the use of professional discretion. Wise and accountable use of discretion is most likely in situations where staff bring knowledge, skills and values to the professional dilemmas they face. Training (both for newly appointed staff and as part of continuing development) is important here, as are a reflective orientation to practice and a transparent approach to decision making. Practitioners benefit from opportunities to share practice dilemmas with colleagues and staff supervision arrangements that allow space for reflection alongside the management tasks of monitoring performance and adherence to targets (Coley, 2020).

Conclusion

The argument here is not that codes of ethics and practice guidance have no part to play in ensuring good quality probation practice, nor does it suggest that the probation service should pay no attention to the outcomes of its work. However, drawing on the principles of virtue ethics and care ethics, it does advocate an approach that takes seriously the relational element of practice, that considers the circumstances of each case, and that has an unapologetic focus on care.

Viewing probation practice through the lens of care ethics suggests that probation values emerge from principled people (at all levels in the organisations) trying to do the right thing in a caring way in difficult circumstances. Both care ethics and virtue ethics focus on the characteristics of the practitioner and, for care ethics, on the interaction between the practitioner and service user. Both approaches are sceptical that probation values could be understood simply as a set of prescriptions that simply need to be applied in each case and in each situation.

To put caring at the centre of probation practice does not produce easy answers to the ethical dilemmas faced by practitioners, which often involve not just the interests, rights and concerns of service users, but also those of past and potential victims of crime and of the wider community. Identifying the course of action that best communicates care and meets needs requires debate and reflection; different people may come to contrasting conclusions.

Care is as much about how work is undertaken as what is done or what outcome is achieved. For example, service users have been found to accept most probation interventions as legitimate. Even monitoring, which might be supposed to be a resented intrusion, can be perceived as an indication that you matter, that somebody cares about what you are doing, especially when it is acknowledged as a legitimate aspect of the role (Dominey, 2019). And a corollary of the acceptance of monitoring is that sometimes the service user will be found to have been in default and enforcement action taken.

There may be objections to the idea that caring is the ethical way to approach probation practice. Perhaps ‘offenders’ do not merit care; perhaps care has no place in punishment. The arguments from care ethics, and from this article, push in the opposite direction: care deserves consideration as a guiding virtue of probation. It is not the case that according more care to ‘offenders’ leaves less for ‘victims’; ethical practice is concerned about the needs of everyone in the community. Further, the victim/offender dichotomy is misleading; insights into the trauma and abuse that form part of the life stories of so many service users (Anderson, 2016) highlight the extent of the victim/offender overlap and demonstrate that probation practice should, drawing on Tronto’s (1993) framework, include caring about, caring for and care giving.

A signal advantage of a care ethics approach to the work of probation is its promise to align ethical practice, effective practice and the motivations that inspire so many probation staff. Although our main line of argument has insisted on the ethical merits of a care approach, we have also seen that it turns out to be effective in terms of the purposes that are often set for probation – in particular, compliance, reduced reoffending and even the management of risk. Any successes that probation might achieve in reducing reoffending and in public protection amply fulfil its responsibility to show care to everyone and not just those under its supervision.

Care ethics, like virtue ethics, insists on doing the right things for the right reasons. For all the political attempts to disavow caring, it remains the case that large numbers of people join the profession because of a commitment to help and care for vulnerable people (Cracknell, 2016; Deering, 2011; Mawby and Worrall, 2013). The principle of care engages these motives, aligning them with both effective and ethical practice, bringing a coherence and integrity to probation's work.

Jane Dominey and Rob Canton.  

Friday, 10 June 2022

Can Probation Be Rehabilitated?

This was the direct question posed by Gwen Robinson, Professor of Criminal Justice, University of Sheffield and the academic invited to give the 24th Bill McWilliams Memorial Lecture to an invited audience at the Cambridge Institute of Criminology yesterday. 

I joined the presentation remotely and the sound wasn't very good, but I did catch the following assertions "the Service is a post-traumatic organisation" and there is "systemic workplace harm". Blimey, just let that sink in for one moment, somewhat contrasting as it does with the endless upbeat social media back-slapping and foodie pics that passes for leadership via official HMPPS accounts nowadays. The trouble is, 'good leadership' is felt to be essential for any rehabilitation to take place.

So, with the job actually being a health hazard to its staff, it might just help explain the accelerating resignation figures highlighted by the workforce stats recently. 

What about RAR days? Rehabilitation Activity Requirements? Basically a waste of time and should be done away with as we all know probation is a people business. What was needed was a return to probation's core business - supervision! 

Was being part of the civil service a good idea and helpful with staff unable to speak openly? No. I'm pretty sure I heard someone from the Probation Institute confirm this. What about training? An Inspector in the audience made it plain they thought current training was woefully inadequate! Was there ever a golden age of probation? Apparently not and nostalgia was felt to be somewhat unhelpful, viewed as it often is through rose-tinted glasses and the subject of selective positive memories. 

Now, readers at this point might be forgiven for being somewhat surprised to hear that the keynote speaker felt that probation can be rehabilitated! To be perfectly honest I struggle to see how this is likely and any supporting evidence for that view must have passed me by completely.

Finally, I couldn't help but give a wry smile hearing Irish probation and CEP President Gerry McNally say in the same breath that whilst nostalgia was not helpful, the Probation of Offenders Act of 1907 was still operational on the Emerald Isle and he remained mindful of 'advise, assist and befriend'!  

I rest my case.