Wednesday 26 September 2018

Guest Blog 71

Parallel lines 

I don’t wish to dwell on Brexit in this blog although it is my starting point. Nor do I wish to overuse railway metaphors but since Chris Grayling has just pronounced on Brexit it must surely be self-evident that this project is now right on track to hit the buffers any time soon.

Whilst this blog is about Probation nevertheless I continue to be struck by the parallels that exist between the continuing TR fiasco, Brexit and the railways. It would appear that lessons of government do not cross departmental barriers.

Last week there was discussion about the compromise that might exist within Brexit between timing and the quality of the deal we might achieve. There was comment on the fact that it was not possible to negotiate a good deal in the time available. No surprise there. Whatever your views on Brexit there has been ongoing concern from all quarters about the dangers of trying to exit the EU in a satisfactory manner in the time that we have allowed ourselves for the project.

It’s a pity John McDonnell isn’t quoted as saying that Probation would be up there on the Labour agenda for (re)nationalisation when Labour come to power. You’d have thought he would be well aware of the situation - he’s attended enough NAPO AGMs in his time. Railways and other utilities are on the list but arguably no service is more at risk of total expiration at the altar of privatisation than Probation. I have a real fear that if CRC contracts are modified and re-let for another 7 to 10 years from 2020, there will be very little left of a once great Service by contract end and very likely a long time before.

Timetable


The current TR2 timetable in brief appears to look like this:


  • Now until the end of the year - the MoJ/HMPPS mull over the responses to the Consultation.
  • January - some sort of pronouncement is made about the way forward.
  • February 2019 - March 2020 - revision of policies and practices are worked up, contracts are drafted and the contract process takes place with the new contracts being awarded in March 2020. (If you work backwards from contract award through the formal tender/bid process to it’s start point, a significant chunk of next year disappears)
  • March 2020 - October 2020 -the lead-in period to the operational phase of the new contracts.
  • October 2020 - 10 new CRC contracts become operational.
I may have missed it, but I’ve not seen anyone asking to see the risk register for this project nor the timeline with milestones. Much less have I seen either document being published by the MoJ. At the very least I would expect both Napo and UNISON to demand sight of these documents - though I fear they will whistle for them. My understanding is that there has already been slippage with the consultation stage and further slippage can be anticipated. I may of course have missed these documents in which case maybe someone can enlighten me.

As I said in my last guest blog, this timeline is ridiculously short if Probation is to be put back in good shape. Parallels with Brexit are apparent. Equally, two years is a very long time for further chaos to be generated in an already seriously damaged service. One might well imagine that CRC owners who decide not to bid for the new contracts or who are unable to do so are likely to rapidly lose interest in the project and disinvest or under-invest. Adequate staffing and training are obvious targets for savings ahead of leaving the party. The chances are also high that one or more of the owners will hand back the keys some time soon - unable to make sufficient profit etc. Isn’t that what happened to unpaid work in London? It would indeed be interesting to see the risk register.

Legislation

Any requirements for legislation, certainly primary and very likely secondary too, could not be met in the time available, largely consequent upon the all-consuming needs of Brexit. Any primary legislative change in criminal justice is very likely to wait three to five years - i.e. well beyond the proposed date for the new contracts.

Wales

Then there is the proposed Wales model. Many have observed that if it can be done in Wales, why not in England? Equally pertinent questions are these:

If Wales is some sort of pilot for a new way of operating (which I believe may have been suggested by the Director of Prisons & Probation in Wales), then

  1. When’s the pilot period
  2. When is the evaluation and
  3. Where on earth is there any possibility of utilising this model elsewhere, if it’s successful, after contracts have already been let for a further 7 to 10 years.
The only logical way to proceed

Something akin to the East Coast main-line contract or indeed now, Birmingham Prison. The CRC contracts should be taken back into public ownership as soon as possible. This limits the further damage that might be done between now and 2020, it allows for some stabilisation and a proper period of review and forward planning. Even Chris Grayling now seems in favour of that for the railways. It also allows for the possibility of revising legislation.

It’s very doubtful that the Government would countenance taking all CRC staff into the Civil Service and equally those involved would very likely not welcome such a fate but there are other models of public ownership and management.

Finally for those who know me as one of the Directors of the Probation Institute, just to say that we have submitted our response to the Probation Consultation, as well as to the Lord Ramsbotham/Labour Party Consultation. Both responses are embargoed at the request of the recipients but the Institute’s views will be outlined in our next Probation News.

Mike McClelland

10 comments:

  1. Punishment, sentencing and probation - 27/09/2018

    The Probation Journal is hosting an event to launch our 2018 Special Edition on Punishment, Sentencing and Probation.

    To mark the launch of the special edition, we are hosting a talk by:

    Dame Glenys Stacey Her Majesty’s Chief Inspector of Probation - Implementing sentences: Observations of HMIP findings

    The event is open to practitioners, policy makers, and those interested in the field of punishment sentencing and probation. Panel members will give short presentations and then there will be an opportunity for questions and discussion. The event will be chaired by Nicola Carr (Editor, Probation Journal)

    The event will take place at The Cinema, School of Arts, 43 Gordon Square, London WC1H 0PD

    Refreshments and registration 5:30pm
    Presentation 18:00 -18:45
    Questions, answers and discussion 18.45-19.30
    Event starts at 18.00. Event ends at 19.30

    https://www.eventbrite.co.uk/e/punishment-sentencing-and-probation-tickets-48058762051

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  2. Despite spending a fair proportion of her inspection time down on Gove's farm, there aint no flies on The Dame:

    "However, there is a clear difference between the quality of services delivered by senior case managers (those qualified as probation officers) and case managers (probation services officers)."

    Mereseyside CRC inspection report out today.

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    Replies
    1. Merseyside Community Rehabilitation Company needs to do more to protect public safety

      Merseyside Community Rehabilitation Company (CRC) needs to do more to keep people safe, according to an independent report out today.

      Her Majesty’s Inspectorate of Probation inspects probation and youth offending services across England and Wales. Inspectors found Merseyside CRC – which supervises more than 6,500 low and medium-risk offenders – needs to improve its work on public protection.

      Inspectors found domestic abuse and safeguarding checks were often seen as administrative tasks, rather than crucial work to keep people safe. Opportunities to identify and assess risks were sometimes missed, for example when people on probation started new relationships or moved in with partners who have children.

      When probation staff did identify potential risks, they did not routinely conduct home visits. These can help officials to understand whether other people living at the property – including children – are in danger.

      Merseyside CRC is performing well in some areas. Staff were found to be hard-working and committed to delivering the best possible service, despite a lack of resources. The inspection also found services for women under probation supervision were “impressive”.

      HM Inspectorate of Probation has given Merseyside CRC a ‘requires improvement’ rating.

      Chief Inspector of Probation Dame Glenys Stacey said: “Merseyside CRC needs to give priority to public safety. We recommend they look again at how they manage risk, and equip staff with the skills and knowledge to keep actual and potential victims safe.”

      Some of the report’s findings present a mixed picture. In nearly half of the inspected cases, people on probation were not playing an active part in their own supervision. Typically, people under supervision are asked to consider why they committed a crime and what would prevent further offending. This questioning was not happening routinely, which is disappointing.

      Conversely, inspectors also found many examples of probation staff going the extra mile to meet the needs of the people they supervised. Individuals were supported to complete their sentences, vulnerable people were seen several times a week and medical conditions were given due consideration.

      Dame Glenys said: “It is vital that probation staff build strong, challenging and trusting relationships with the people they supervise. Staff need to work together with individuals to create plans that address why they offended and put steps in place to prevent further offending.”

      Inspectors were encouraged to find the leadership team had already started to address some critical issues, such as redeploying staff to cover absences.

      Merseyside CRC was also found to deliver some good services to help people under supervision to find work, training, education and accommodation. Support for people leaving prison and resettling in the community – known as Through the Gate –showed promise.

      Delete
    2. https://www.familylaw.co.uk/news_and_comment/napo-warns-that-private-probation-providers-failing-to-keep-domestic-violence-victims-safe#.W6tX1IHTXZE

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    3. Napo, the largest trade union within the probation service has reacted with anger to the latest findings from a report by Her Majesty’s Inspector of Probation into the services offered to perpetrators of domestic violence and the potential impact on victims.

      Napo had raised concerns even before Transforming Rehabilitation (TR) was implemented by the former Justice Secretary Chris Grayling that the Community Rehabilitation Companies (CRCs) would not be able to meet the level of effectiveness required for public protection in domestic violence cases. They felt that this was in part due to their need to prioritise profit driven targets rather than spending resources on complex cases that may give little in the way of financial return.

      Napo members have regularly reported being under excessive workloads following massive job cuts since CRCs took over responsibility for supervising low and medium risk offenders. This means less time for face-to-face work and detailed risk assessments of clients. On top of that members have also told their union that they are required to take on ever more complex cases beyond their training and experience as professional standards and appropriate training are eroded while the CRCs look to make even more cost savings.

      Ian Lawrence General Secretary said:

      “These findings will cause outrage amongst our hard pressed members and further demonstrate how the whole of probation has fallen into absolute chaos since TR. The government must take immediate action and bring the probation service back into public ownership as a matter of urgency. This report clearly shows how failing to do so is a direct risk to public safety and the Secretary of State is quite literally putting people’s lives at risk. Our members cannot be expected to carry out their highly skilled professional work in these circumstances.”

      Napo is aware that the 21 CRC contracts do not stipulate clearly enough that the Probation Officer qualification is critical in safely supervising complex cases where domestic violence is a factor and that providers have been using less qualified staff as a result in order to further reduce their overheads. Napo warned that this process of work on the cheap would ultimately impact on public protection, a vital role of the probation service. Given this damming report, Napo will be calling on the Secretary of State and Parliament urgently to intervene and to stop the continued “marketization” of probation.

      Delete
  3. Nearly four years in & we hear the refrain of "Support for people leaving prison and resettling in the community – known as Through the Gate –showed promise."

    Mr Humphries denies anyone has been through his gate, Mr Spurr reaches for his tape measure & Captain Gauke offers stiff applause.

    Mr Lucas splutters: "Showed promise? Showed promise? All that just to ruin a highly regarded profession, destroy lives & steal £millions from the public purse?"

    The lift arrives, Mr Lawrence holds the doors open & Young Mr Graceling totters down the stairs flanked by Nurse Romeo & Nurse Crozier, proclaiming: "Well done everybody. You've all done very well."

    Used to be on yer telly reglar as you like, that did.

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  4. Blooming hell came to read this blog to help me with my insomnia. I got as far as the self aggrandisement of being a director of the PI turd and realise we could all be directors. Tonight I am the director of my tv controller. It means sod all in the real world but a grand title for me. No one has commented on the remaining posts of this put the lights off and shut the bloody door as you walk out. What rubbish.

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  5. Rumours circulating about a death in custody at HMP Liverpool today

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  6. I refer to Mike's mention on the Guest Blog, of John McDonnell making no mention of Probation. I felt exactly the same but I did hear part of one female speaker from the audience yesterday refer to Probation being destroyed and falling apart, not because of dedicated officers who work so hard to keep it going, but because of Grayling who split the service into 2 parts. Then Jeremy made a comment on his final speech about Probation being choked because of the changes made by the Tories. I have been looking for the last couple of years at Jeremy Corbyn's manifestos but there has never been any mention of Probation, yet I met him about 2 years ago, and mentioned Probation and TR and he said he knew everything about Probation and it could only be called 'acidation' and he would be addressing it asap. Perhaps the time has come! It is Grayling's turn to be kicked out - he stands there with a smug grin on his face when he is being challenged and he always skirts the question. Do one good thing Theresa, and get rid of him, before YOU GO!

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  7. Keep it going Jim. Your blog means a lot to me and I am sure many others.

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