Friday 12 June 2020

Are You Sitting Comfortably?

Here we have the latest from Napo:-

Hi Xxxxxxxxx,

Following the amazing news that government plans for a resale of probation have been vanquished once and for all, Napo HQ have documented the whole sorry tale in the form of a story for you to share with everyone you know who has supported our campaign.

While we are sure that Napo members up and down the country are celebrating, we want you to know the story is far from over. Our work going forward will include our demands for increased investment in Probation, reduced workloads, better training and a job offer in the NPS for all CRC staff before any contracts are arranged with providers for the services to be provided within the Dynamic Framework.

Now is the time to turn this triumph over flawed ideology into a real “happy ever after”. Napo have proven how solidarity and strength in numbers yields real results. We need more voices, more numbers and more activists to ensure that probation is restored to its former greatness.

Please encourage your colleagues to join Napo, the union who has always fought for its members and the service they love.

Read the story here

Ian Lawrence 
General Secretary
Katie Lomas National Chair

Napo and Transforming Rehabilitation: a story of the fight to save probation

Chapter 1

Once upon a time a Conservative Minister for Justice decided he wanted to change the way that Probation Services were provided. He was unhappy that the 35 Probation Trusts across England and Wales, which were performing well and reducing reoffending, seemed to be operating too independently and the staff working for them were very professional but also fiercely independent and outspoken about the work they did. He was particularly unhappy about the fact that the workforce was highly unionised and the Probation Trusts seemed to listen to the unions carefully.

In January 2013 the Minister issued a consultation on plans to split Probation in two and privatise up to 70% of the work. Many, many people responded including Probation Trusts, bodies representing Chief Probation Officers and those pesky Unions. Almost everyone who knew anything about the Probation system in England and Wales told the Minister not to do it. They said the split of the work on the basis of risk wouldn’t work. They warned that it would be impossible for private companies to make a profit and that the public would be in danger. The Minister didn’t listen. He knew better than all of the experts and he just did it anyway. In May 2013 he published the “Strategy for Reform” which detailed how he was going to abolish the Probation Trusts and sell off most of their work. Then in September 2013 the Minister launched the “competition” for private companies to bid for Probation contracts. All the experts couldn’t believe he had really done it.

A tiny trade union and professional association called Napo represented many of the workers in Probation Trusts. Napo had told the Minister his plans wouldn’t work, they had warned it wasn’t safe and no one would listen. After months of trying to reason with the Minister Napo members went on strike in November 2013. The members felt so strongly about the plans they gave up pay and stood in the freezing cold on picket lines and at demonstrations across England and Wales to try to convince the public and the Government to stop the Minister. Staying away from work was really difficult for Napo members who saw their jobs as vocations and did not want to let anyone down. They felt they had to do something though.

Still the Minister didn’t listen, he carried on with his plans to abolish the Probation Trusts and split the staff. Napo members carried on trying to get their voice heard. They planned more strikes, this time over two days to coincide with the Minister’s birthday on 1st April 2014. Once again Napo members stayed away from work, gave up pay and stood in the cold on picket lines and at demonstrations to make their point. Again the Minister ignored Napo members, and the Probation Trusts were abolished at he end of May 2014 and the new National Probation Service (NPS) and the 21 Community Rehabilitation Companies (CRCs) were formed at the start of June. The NPS was now part of the civil service and the 21 CRCs were publicly owned companies and contracts to run them were being parcelled up to be sold.


Chapter 2

In September 2014 Napo organised a Lobby of Parliament and around 300 people attended a rally in the House of Commons to hear members of Napo speaking about their experience of the split into the new organisations and their fears for the sale of the contracts. MPs from all parties attending the event all agreed with Napo members that this should stop but the Minister ignored them all and carried on.

In a final attempt to save Probation Napo members launched a legal challenge to the plans to sell off the contracts. They told the High Court in a Judicial Review application that it was too dangerous and must be stopped. The union members were certain the courts would see sense and step in. The Minister used all of the resources of the state to defend his position and paid for many legal experts and rallied all of the people working on the project. They all told the Court that Napo were wrong, it was all perfectly safe. The Court told Napo that unless they had evidence they would lose the case and end up bankrupt when they had to pay all of the costs for the Minister’s defence. The tiny union had exhausted their resources and realised they were stuck – if they continued they would face ruin and would not be able to continue to fight for their members. They took the heartbreaking decision to end the case so that they could continue the fight.

On 1st February 2015 the new owners took over the CRCs. Their contracts were for seven years with an option to extend to ten. Napo carried on the fight, using everything they could to highlight the risks and dangers. When some of the new owners of CRCs stripped out staff and introduced unsafe operating models Napo called them out, got stories in the media, got questions asked in parliament, got roundtable events discussing the issues and forced them to answer for the impact of their decisions and actions. Time went on and the evidence showed that what Napo had warned was real. Serious further offences committed by people under probation supervision increased and some tragic cases emerged where faults in the system caused failings in the supervision of people who went on to murder others.

Chapter 3

The tiny union worked with anyone who could have influence, especially with Her Majesty’s Inspector of Probation. At the time Dame Glenys Stacey used her considerable influence to expose real failings in the Probation system and was unafraid to say exactly where the blame should lie – in the dangerous reforms known as TR. Even the best of the CRCs began to struggle, those who shed staff early on were forced to recruit them back again as they couldn’t meet the required standards. Those who had not shed staff early found themselves with a workforce that didn’t fit their proposed operating model.

Napo worked hard to expose the weaknesses, risks and failings in the system, using all the influence at their disposal to press the case. They launched a campaign to Reunify Probation, demanding that the CRC contracts be ended and not only that the system be brought back together but that it was removed from the Civil Service. Napo started to paint a different picture, of a system that was locally rooted and accountable with strong links to community organisations and resources, using all of the specialist third sector providers to deliver a quality service that fit the location as well as the need.

Chapter 4

In 2018 Napo and the other Probation Trade Unions secured a significant pay deal for members working in the National Probation Service (NPS). This rectified the problems caused by very long pay scales that meant it would take up to 23 years to get to the proper rate for the job you were doing. Although everyone accepts that those joining as new recruits may take a little while to become fully competent and confident in their role 23 years is ridiculous. This change, meaning it would take only two to five years to reach the top of the pay scale, only applied to the NPS however. In the outsourced services it meant more pressure to retain staff as the NPS recruited in most areas. Slowly the CRC owners realised they must do better and many of them worked with trade unions to find a way to improve their own pay offers to staff. The so called “market” in Probation was proving to be more costly, less efficient and more dangerous – if only someone had warned the Government!

Some of the CRC contract owners were better than others, but some were really struggling. At the end of 2108 and the beginning of 2019 the pressure on one of the owners in the South West and Wales was really starting to show. Napo continued to hold them to account and use every scrap of influence to expose the danger to the public from the failings. At the same time it became clear that the contracts just weren’t viable financially. For a variety of reasons there simply wasn’t enough profit in it for the contract owners. In February 2019 came the shock announcement that the contract owner for the South West and Wales had given up. They walked away leaving behind a dangerous mess for someone else to sort out.

Chapter 5

Napo worked hard to make sure that members were protected and made it clear that the Government should now act to end contracts and reunify Probation to make the system safe again. Instead the Government allowed another contract owner to take over in the South West on the understanding that they would restore the services. This would cost dearly but finally there was recognition that you can’t keep people safe on the cheap. In Wales however the intensive lobbying work that Napo did produced an alternative solution. The Government announced that they would move the work associated with managing sentences to the public sector and leave a smaller (but still crucial) part of the work, delivering interventions and unpaid work, in private contractor hands.

In May 2019 there was muted celebration at the announcement that CRC contracts were going to be ended early the following year. Muted because although it was a huge success in terms of getting rid of the model that created division in the system the plan now was to introduce the “Wales model” in England too. This meant that all CRC contracts would end and new contracts would be let just for the delivery of interventions and unpaid work. All of the work (and the staff performing the work) around sentence management would move into the National Probation Service.

So the Napo campaign changed from a demand for reunification to a demand for full reunification. It was clear that the system would remain carved up, just with a different dividing line between public and outsourced work. This would change, but not remove, the risks and challenges so the fight continued. Napo continued to press their influence, with Government and Parliament, with stakeholders such as the Inspectorate, Police and Crime Commissioners and Sentencers. Stalwart friend of Probation Lord Ramsbotham lead a review of the system that Napo contributed to. At every step the tiny union stuck to their line – it was not safe or sensible to continue this.

But while they campaigned and fought to change the system Napo had to stand up for members and continue to fight for the best possible deal for those who would be moving to a new employer or whose job might be at risk as a result of the changes announced.


Chapter 6

Then a global pandemic turned the world upside down. The Probation system had to change overnight to protect staff, service users and the public from a virus. The tiny union was already fighting a campaign for full reunification and working hard to represent members caught up in changes to the system and now they had to react to the real and immediate risk to everyone. It would have been easy to quietly drop the campaign for full reunification but Napo carried on. Pointing out the difficulties in managing safety in a fragmented system they pounced on hints that the “market” for the new outsourcing contracts wasn’t as buoyant as it could be.

So the campaign continued, and behind the scenes the conversations with Government Ministers and others in positions of power took a different turn. The Union were being asked about their vision for a different system of Probation, and were being engaged in discussions about the risks and dangers they were predicting instead of being ignored. Then in June 2020 it happened. The tiny union were told, just before the public announcement, that the outsourcing would be scrapped and all of the core work of Probation would be moved to the National Probation Service, with a “Dynamic Framework” of specialist voluntary sector providers able to deliver their services in small local contracting arrangements. There was a less muted celebration at this announcement but the tiny union realised they could not stop. Because you see there will still be problems in the Probation system. It will take years and huge investment to repair the damage done. And because the National Probation Service is a Civil Service Department run top-down with little opportunity for the innovation, agility and responsiveness that made Probation Trusts so special.

We demand a Probation Service:
  • With fully unified service provision
  • In the public sector and never for profit but out of the civil service and released from prison
  • Built on evidence based practice
  • Rooted in the local community and partnering with local specialist providers
And we won’t stop until we achieve it.

21 comments:

  1. How embarrassing that anyone representing a professional public service would choose this particular format to communicate news and put it in the public domain.

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    Replies
    1. It is embarrassing and rather difficult to follow . It is absurd and creepy .

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  2. Argggghhhh!!!!!!

    NOTHING has SUBSTANTIALLY changed in the Tories' arrangements for mixed economy probation service provision. There will not be jobs for all CRC staff.

    "We will be opening the dynamic framework for eligible organisations to register their interest in the coming days, and I encourage all organisations with an interest in providing rehabilitative services to register."

    Nothing will change - except the employment status of *some* staff next year. As already observed, its a re-run of TR:

    Nov 2013 Sifting & Shafting of Trust staff
    Dec 2013 Incorporation of dormant CRCs
    Jan 2014 Appointment of Trust staff as interim CRC directors
    June 2014 Transfer of staff to CRCs
    Feb 2015 New Owners take possession of CRCs
    Aug 2015 First staff purges begin (respecting the 7 month no redundancy clause that Napo said would safeguard jobs)

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    1. It appears to long for Ian Lawrence to have written on his own It is pathetic to link a bedtime story format insulting those who will continue to suffer. Which means the chair must have penned it. Napo need to function as a union this rubbish is hardly accurate or professional. The grandstanding claim of triumph is infuriating self talk. High fives all round then Napo. What if every other union and what legal action for members over 7 years of anguish have you managed to win where terms have all been eroded. The real story is a weak leadership a weakened union and a weakened into NPS probation. Crcs will see members drop Napo in the handover never to return.

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  3. Off topic. Is Black Lives Matter an extremist organisation? Genuine question.

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    1. Absolutely not, in my opinion, but the protests (as with all protests) will have attracted a small number of people intent on committing criminal acts who don't actually believe in the cause but just want to attack the police, cause criminal damage, etc.

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  4. 20:45 doesn’t make sense because under Prevent strategy anti-racist organisations such as BLM comes under extremism.
    I know of case, one black offender expressed a view about George Floyd. Expressed his anger. He was referred to Prevent.

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    1. If you know this to be true I suggest you have a word with your LDU director or CRC equivalent to alert them so they can see what went on. Silence is complicity and id what you say is true at face value it's exactly the type of racist gibberish we need to root out and defeat.

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    2. That's outrageous, if accurate.Given that we were given permission to protest in NPS, so long as we didn't wear lanyards etc, I don't see how BLM can be considered extremist?

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    3. As I stated earlier CRC policy ordered staff to treat all Black services users as if they were in a gang. Who spoke up?

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    4. Where did that come from cos I work in a crc and never heard that.

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  5. "In 2018 Napo and the other Probation Trade Unions secured a significant pay deal for members working in the National Probation Service (NPS)."

    Does anyone remember this? I lost a day's leave and was promised 6% over 3 years (so a pathetic 2% per annum after a full 10-year pay freeze). I got the first meagre 2%, and the rest has never been honoured. Jim Barton and his apple-shaped, brown-noser colleagues reneged on the rest. Not sure whether Napo have remembered these events in the same way their members have. Just remind me of your current salary Mr Lawrence...

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  6. I've taken the decision to edit and republish the following comment. Clearly a number of readers, some of whom may be current or former Napo members, have strong views regarding events over the last 7 years and varying thoughts on what happened, but please don't detract from a serious and forensic debate by using insulting language. Thanks.

    "Mr Lawrence and [edited] side kick Rogers helped themselves to a back dated 5 figure pay rise once the vote to accept the pay deal was agreed. It is penned fairy tale exaggeration and absence of the truth are both hallmarks of the Napo chair Mr Lawrence and the now disappeared Rogers."

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  7. Wise Chief Constable sums up Tory Govt of the last 10 years (my paraphrase): "They are people who are not qualified or skilled to second guess the informed & difficult judgements made by those who know what thry're doing."

    - education
    - probation
    - health
    - in fact anything & everything except ...

    ... filling their pockets, telling lies, bullying others, erm, that's it

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  8. Buckland on Thursday: "I can tell the Opposition that I spent the best part of 30 years working with probation officers and with the probation service, reading hundreds of pre-sentence reports and respecting the professionalism of probation officers in court, both as counsel and as a part-time judge, so I do not need noises off to tell me what I know or do not know about the probation service... There is a tension between the need for swift justice and the value that properly crafted and prepared pre-sentence reports can play in the sentencing process. Where the ground has been prepared before the hearing and the options are very clear to the court, there should be no obstacle to the passing of a swift sentence. I will pray in aid the value of pre-sentence reports [essentially meaning to call upon the assistance of the PSR]. I want to see more of them used, but with the eye to case management that delivers the swift justice that he and his residents want to see."

    What Buckland CANNOT have is the best of boh worlds. If he wants the much valued assistance of a high quality professional PSR containing analysis, risk assessment & options for a positive way forward, then he pays the going rate for such a document. That means a salary commensurate with professionally qualified staff and allocating an appropriate timescale to allow for the document to be complete.

    A quality PSR ultimately saves time & money. It used to be that a three week adjourment allowed for a comprehensive document which often removed the need for lengthy submissions & allowed the sentencer to proceed with a minimum of fuss. That, in my view, was swift justice - not measured with a stopwatch and a rate card, but based upon a full appriasal of the facts via a "properly crafted and prepared pre-sentence report".

    "I spent the best part of 30 years working with probation officers and with the probation service... I do not need noises off to tell me what I know or do not know about the probation service"

    Yes you do, Justice Secretary Buckland, because in your naked ambition to climb the greasy pole of politics you have set aside that 30 years' knowledge in order to advance irredeemably flawed Tory policy.

    Dip your toe into those far distant memories, think of those cases you dealt with where a PSR was the key to unlocking the most appropriate sentence; a PSR which challenged both sides' views (i.e. CPS & defence); a PSR which confidentially lifted a veil to reveal an aspect of the defendant's circumstances previously undisclosed; a PSR containing a risk assessment that will have opened or closed avenues of sentencing.

    If you want "the eye to case management that delivers the swift justice", do not think of pacifying your colleagues' constituents, think of the case being managed, the person managing the case & the purpose. It is not to sate Tory voters baying for blood, it is to work towards the rehabilitation of an individual.

    So, Secretary of State Buckland, get a grip, man. Stick two judicial fingers up to Mammon & do the right thing:

    Return The Probation Service to an independent locally-orientated, client-focused organisation run by Probation Professionals, NOT the cloth-eared bureaucratic bullies & their lickspittle lackeys.

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    1. Anon 10:46 Yes I'm glad you picked up on that bit about PSR's - it particularly annoyed me.

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    2. I could not bring myself to listen to it at the moment.

      One thought is that many, most Defence Advocates rarely see the value of the PSR - and work done to produce beyond the Court door, whereas a social work/probaation professional will see it as an opportunity for an initial or review assessment and an exploration of how a social work engagement might improve the client's long term prospects in the light of the current court adjudication.

      I much like the comment at 10.46 which clearly recognises all that - additionally what is too often unsaid , but underlies every social work intervention, is that the PSR or Parole or application for ROTL etc are always undertaken with the thought of what are the risks to the victim & public - so that once identified they can be notified to the sentencer/parole board/ prison governor so that they and not the probation worker can review the professional opinion and make a better informed decision.

      Hence stand down reports or one day reports are of limited value beyond offering information to the court about the likely value of an adjournment for a full report with maybe some observations about arrangements in the interim regarding bail and other reports such as psychiatric or medical.

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  9. In other news:

    "A report by the Commons Transport Select Committee accused the airline of a "calculated attempt to take advantage" of the crisis by cutting up to 12,000 jobs and downgrading the terms and conditions of the bulk of its remaining employees."

    Where's the story? This is exactly what Capitalism is about, i.e. exploit any and every opportunity to maximise profit for the shareholders and key management personnel.

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    1. Anon 10:51 Agree entirely and reminds me of that ridiculous Commons promise by David Cameron 'to make sure every energy company put their customers on the best value tariff'. "That's not how capitalism works" I remember as I yelled at the TV.

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  10. Many individuals and organisations contributed to the damning critique of TR. A book for bedtime is one way of telling the story of the demise, but for me the stake in the heart was 'irredeemably flawed'.

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  11. So, today the Eton Boys got what they wanted: a violent riot and assaults on the police.

    Sadly for them it was courtesy of white right wing thuggery (presumably a result of Boris's call to arms) rather than the acts of those in support of the Black Lives Matter campaign.

    Ooops.

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