Thursday 4 October 2018

Napo at Work in the South West 17

Thanks go to the reader for forwarding the following:-

South South Western Branch UPDATE 3 October 2018

Dear Members,

Take a break with a cuppa and a biscuit and read the latest update.

TR2

All Napo Members DDC CRC & NPS will be aware of the consultation to the TR2 plan from the MOJ. Napo disagree that re letting private arrangements should be continued especially after the condemnation of the Parliamentary cross party views released in June. Attached to this update is a copy of the SSW Branch response to the TR2 consultation submitted in addition to the one from Napo Central. This was possible due to member’s feedback and input from the Branch Exec.

Members should take a moment to look at the de- professionalization issues for probation officers (Question 10) noted by the split when PO’s were no longer able to act on behalf of the courts sentencing planning through professional reports. This is of specific concern when PO’s are something of a rarity in the CRC, and under Working Links dysfunctional Management sees exploitation of PSO’s by giving them work that would ordinarily be completed by qualified PO’s, and therefore paid at a higher rate.

Other issues for concern regarding erosion of professional standards within DDCCRC are:

  • Newly recruited PSO’s being requested to complete Recall and Breach Reports without having received any training. 
  • Unqualified Line Mangers managing OM Teams. 
  • PSO’s instructed to attend Child Protection meetings in the absence of PO’s and excessive caseloads of DA and CP cases causing concerns should here be an SFO, and who would be held accountable. 
  • De-skilling of existing PO’s as no opportunities for CPD. 
In relation to the wider context the document was endorsed and supported by the Branch Exec and overall is clear indication that CRCs need to be organised differently if returning to public services is not an option. It cannot just be about hitting the targets at any cost. This is damaging to Probation and the service users.

CRC PAY

Working Links (WL) have continued to withhold the 1% increment lift in pay that is an entitlement despite assurances that this would be paid this summer. We have asked the general secretary to lodge a claim for the interest lost on the monies that should have been paid in April to those eligible staff.

DISPUTE

The dispute continues and will do for the foreseeable future. As we understand it the WL infrastructure is now falling apart as so many of their senior management have seemingly left and this includes Mr Bell who goes at the end of the month. We ask why wait? Most importantly we are doubtful that WL can hold on much longer due to the mounting pressure from the multiple debentures being served on them by Aurelius. This can hardly be regarded as a friendly act, but more indicative that Aurelius will not deliver any reinvestment. Is this the fast journey to the end game, as the MOJ will surely not pour more cash into these failures?

The NAPO AGM 5-6 October 2018 /Certification Officer Complaint

Unfortunately earlier this year our Branch Chair Dino Peros had no choice but to lodge a complaint against Napo National Officers with the Certification Officer. This was due to what can only be described as a cowardly, internal attack from National Officers based on groundless complaints that had no genuine substance to our knowledge and considered opinion. The executive fully supported and backed Dino, his team and formal representative Dave Rogan Ex SW Napo branch leader and National Napo Representative. Thanks to Dave‘s experience and skills he made an excellent job of both presenting the case and questioning of the witnesses called. Having attended the hearing I am able to confirm he held his own against the barrister hired by Napo to protect their interests (at what cost to their members I wonder)?

All four issues which led Napo to be taken to the Certifications Officer have been upheld and so vindicates the course of action taken by Dino and Dave. This was the only way to pursue the impasse and failure of Napo to consider the reputational risks to their flawed actions. The findings of the court ruling have been published and are available on the Certifications Officers website. There may well be a more detailed report on this matter in due course. We are sure it will generate lots of questions and we will address these as they arise.

Due to the above this is the first year ever that the SSW branch is not being represented by any attendance at the AGM. It is a conscious decision by the executive who have made their concerns patently clear in multiple correspondences to the now outgoing NAPO National Officers. Correspondence from the Branch was ignored and a formal complaint lodged with regard to this has never been responded to. This is not acceptable behaviour from the paid officials (who are paid by us the members), or the National Officers. None of the branch executive will be attending as a mark of our respects to our Branch Chair. He has 100% backing from the executive for his foresight, planning and management of the dispute, in addition to all the other numerous tasks he undertakes individually on behalf of members. Union colleagues who work alongside him can testify he continually works and delivers on behalf of those he represents. Be assured that the SSW Branch Exec will continue to look to the best interests of our members and if that means holding the top table to account that is what we must and will do. We must remember this is not about personalities but the interests of the members.

Minimum Contact – CRC’s

This is the current plan to bring back 1-1 working with service users issued by the Contract Management Team, and you will no doubt be quite familiar with the document since its issue late last week.

Napo are looking carefully at the latest update on the implementation and already there has been some exchanges of e mails on the issues. We will be looking closely at the mess that has been developed by WL: Office closures, centralised telephone call centres for probation case management and the rapid need to reverse the gross errors of privateers failing to listen to any senior management (mentioned in the consultation) or the trade unions. This erroneous damage to case management by remote has been at last recognised as wrong, however WL dress it up. Nonetheless it is time to look to continue to protect members from any unfair treatment by the need to reinvest in local service delivery and to ensure protected and managed caseloads with return of minimum reporting standards. WL as they decline in authority will not likely be able to manage the need for expansion and so Napo SSW’s message is to look to our established ACO colleagues and to support the CPO to find some ways of engagement to return to proper case management, but at the same time staged protectively to ensure no more staff can be exploited by the continued misdirection of the failing WL’s model and management.

More updates will be issued as the need arises. In the meantime please share this with your non- union member colleagues and encourage them to join the Union. Don’t forget to keep myself, Dino and John Brownlow up to date with information and concerns that you may have as you JNCC Reps in the CRC.

NPS members please remember this also applies to you. SSW NPS Consultation Rep and Vice Chair is Jill Narin. Get in touch with her.

It may be a cliché but we are stronger together.

Denice James
JNCC Rep


--oo00oo--

The full Certification Officer's Report can be found here.

20 comments:

  1. Napo showing its incompetence again and wasting members money ! What a shower they are they don’t seem to give a damn

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    1. Forgot to say well done to Dino and Dave holding them to account

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    2. Those are two names will ring many bells. David Rogan represented me once many years ago. I can say as will many He is not a man to miss anything. David is able to take the chickens off the Fox in my experience. Following in his shadow for many years it is a known, Dino does well borrowing and crafting skills learned from Dave I would have thought carefully about taking odds against those two and together no odds.

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  2. Interesting situation I wonder what the sub story is about. Officers and officials involved in apparent gross negligence or gross incompetence. There are some troubling questions to be asked ?

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    1. I agree with you. At the last NEC Katie Lomas was asked about this. She was dismissive - 'We attended a meeting'! Looks like that meeting was a court hearing. It is the same 'event' isn't it? This is a matter of concern!

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    2. The nec must have been aware of the court action in reporting accountability. When was the matter recorded and why did the nec allow the case to Court.

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  3. For many members the backround and details leading up to a apo member asking the Certifications Officer to rule on a course of action taken by the national officers.
    What is clear from the Certification Officers report is:
    the named officers breached the Constitution.
    What is less clear is:
    1. Why did the officers take the course of action that they did.
    2. Who advised the officers (wrongly)
    3. We're the ÑEC kept fully and in good time informed.
    4. What if any involvement did the General Secretary have.
    This action has damaged napo in many ways and has cost napo members an undisclosed sum of money.
    Members should aske these and other questions and the only way to get truthful, honest and unbiased answered it to ask at AGM for an investigation by a independent body (national reps panel?) To repot directly to the NEC. Any investigation should be conducted with all possible due diligence.

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  4. A good idea but the national reps panel is not what it was. Perhaps deliberately so

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  5. About the whole lot of em are investigated. Why and how they still have any members left is astounding

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  6. Sad to say, & contrary to all I believed in until the rot set in with Ledger, Napo paid officials & national officers have been sloppy, arrogant amateurs who have not protected members' interests since the surrender of 3 days' leave & subsequent failure to hold the employer to account over their agreement post-2008 pay arrangements - whilst benefitting from ongoing improvements in terms for their own pay & remuneration. Maybe someone could take that to the Certification Officer?

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  7. There's an invitation in the final paragraph of the judgement:
    'Additionally, members who believe that Napo is in breach of its constitution are currently able to bring their complaint to my office or to the Court under section 108A of the Trade Union and Labour Relations (Consolidation) Act 1992.'

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    1. If I was still a member I would certainly have a closer look & think about it.

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  8. Just skim read the certification officer's judgement. What a bunch of incompetent no marks the officer's group are. Looks like a rerun of the Ledger farce where they've agreed on a course of action unilaterally and then presented it to the NEC as a fait d'accompli without bothering to acknowledge that the NEC is the employer/decision making body and not them. The chicanery of these amateurs in this case is facilitated by the GS who seems to believe that NAPO is his own personal fiefdom and not a democratic trade union.

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    1. Well said and obvious perception of the issues.

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  9. Just to be clear on the facts when officers decided to break Napo constitutional rules I understand they did not notify NEC or seek advice from NEC. Those officers were Chris Pearson, Chas Berry, Tina Williams, Jay Barlow, Chris Winters (Chair), Yvonne Pattison (chair), Katie Lomas (soon to be the new chair), Keith Stockeld.

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  10. The findings of the Certification Officer in "Peros v Napo" bring into the open a sequence of events that spans three attempts to invoke disciplinary process under S29 of the Napo Constitution. I represented the members under the internal s29 action on the other two.
    In each case the officers deviated from the processes set out in s29 of the Constitution and the associated Rules laid down by the NEC. It is clear from the findings of the formal hearing last month that the officers were in serious error.
    I don't think the Certification Officer is strictly speaking a "Court" but it would also be inaccurate to describe the hearing as a "meeting". It is a formal hearing by a regulatory body and of sufficient importance for Napo to be represented by a barrister accompanied by a solicitor.
    The issue with setting up an irregular investigation first arose in 2015. I believe that this was the first time the process had been invoked in a generation. There were other complications in that matter but it was eventually found that there was "no case to answer". The irregularity was not pursued further but the officers were informed that the Constitution would need to be amended by an AGM if the process were to be varied in the future. No action was taken by the officers or the NEC to propose such amendment to the following AGM in 2016 however.
    The action in July 2017 in the Peros case was the second in the sequence and had several contentious aspects. These included an intention to use the same irregular investigation process. In October 2017 a third case was opened with similar procedural issues. Initially an outline agreement was reached with the officers whereby the process would be cancelled on completion of undertakings by the member. Although the member complied with her part of that arrangement the officers opted to persist with the disciplinary process. They did so without addressing the procedural irregularities. In a long history of representing Napo members in employment processes I have reached settlement in more than a few but on no occasion has any employer reneged on an agreement. I was dismayed that my own Union should do so.
    In March 2018 the disciplinary process in respect of both Dino Peros and the matter I was involved in were scuttled short of a hearing. This means that no valid disciplinary finding has been returned in either case and the time, energy and expenditure has been lost without useful purpose. I would point out that whilst Napo resources underwrote the waste on the “official side” the members affected and their representatives have to bear their own costs. The persistent deviation from clear provisions in the Constitution needed to be challenged. As the Peros matter predated the other case the complaint was made by him through Dave Rogan. A simple duplication by the other member and myself would not have added to the scope of the action but we would have been prepared to take such action on the same grounds if Dino Peros and Dave Rogan had not done so.
    The Constitution safeguards the rights of members and forms a central part of the membership contract. Officers are elected to uphold the Constitution and do not have the authority to vary it at will. I do not see the need for further investigation as to possible culpability as the Certification Officer has covered that. I believe that this is the first adverse finding by the Certification Officer in the history of Napo and is a highly significant event. I hope and trust that Napo will have learned from this experience and that there will be no recurrence. The Napo NEC should review the Constitution as there are a number of matters to be addressed. However there should be no deviation without the necessary membership approval at an AGM.

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    1. I hadn't realised how accurate "sloppy, arrogant amateurs" would be as a descriptor of Napo officers & officials.

      Thank you for the background, Peter.

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    2. Mr Robinsons account is interesting and clearly an insiders perspective. Objectively can his view be clear when he states he owns a similar but did not run the issue. I doubt alternate cases are a real factor here. It is the actual case that has now shown NAPO to be wanting in all forms of capability and of more concern their integrity being obviously drawn into question. What do we pay the officials for ?

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    3. Not sure I understand your point on the "clarity of (my)view". The other two cases demonstrate a persistence of the same Constitution breaches. It was agreed that one set of challenges to those breaches by the officers was sufficient and I gave evidence on that "side" at the hearing. So to that extent I could be said to be an "insider". I make no pretense to offer any views other than my own and put my name to them.

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  11. I note that the certification officers report is dated September 18 so presumably all of this was rumbling away in the background when the election for GS was being conducted and they just forgot to mention it

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