Monday 22 August 2022

Failure of the State

To be perfectly honest this blog has been running for so long there doesn't seem to be much we haven't discussed at inordinate length, but every now and then a contribution strikes a chord and sometimes I notice a bit of a theme. Guest Blog 86 the other day is a good case in point that for me gets to the absolute nub of things and why this job has always been so special (my emphasis):- 

"The Probation Service I belonged to believed that our clients are citizens and individuals entrusted to our care. We advised assisted and befriended. We understood that the state fails some of its citizens and our role was to get onside and help the hapless navigate the clumsy state arrangements for them, sort themselves out a bit, keep them out of trouble.

We were removed from, but funded by the State: I was always inspired by that: that the State was generous enough to know that it had failed some of its citizens, and to fund an institution that would be critical as well as helpful."

This theme was touched upon in Professor Raynor's paper from yesterday which noted probation's development as part of the post war Welfare State, 'conditional suspension of punishment' and care of the individual:-

"The evidence-base of practice remained primarily psychological, and there was less time to address social circumstances and social needs or to link people into the other services from which they could benefit."

and strongly echoed by this contribution:-

"The one thing I have learned in my many years in The Service is that criminology is in many ways a huge con to deflect from the impact of social deprivation and trauma. We will never be able to deter people from crime if we continue to separate it from the impact of social deprivation and and unless we develop a holistic medical model. When you meet with a lifer and dig deep, tracking back as far as their birth you will often see a picture of severe deprivation in infancy, trauma, the care system, moving into borstal and such like. Drug and alcohol problems often associated with disadvantage and trauma, lack of positive parenting and little concept of healthy relationships or the tools needed to survive life. The festering roots of their almost inevitable crime are laid bare. We will always be limited in terms of what we can do until as a society we fully commit to ending social deprivation and focus less on capitalism as the so called solution. As soon as you get out of the office and drive through one of the numerous sink hole estates in most cities and towns the truth of this will slap you in the face. So many of my service users are very ill. Physically ill and mentally ill. We call it personality disorder but the real disorder is societal disorder that breeds poverty and trauma and permanently impacts on the life chances of children growing up in these communities through the generations. It's uncomfortable but we need to face this and at the very least acknowledge the unfairness of it all."

 I notice I wrote of my thoughts on the matter almost exactly ten years ago here:- 

The Scheme of Things

"I suspect I've always had a slightly different view of probation and how it fits into the scheme of things. Quite early on I came to view my job as someone paid by the state to try and apply sticking plaster to the consequences of failed social policies of one kind or another. I've always felt this view has more relevance than the one often heard from the political right that people just 'choose' crime. In effect they say it's just all effectively a 'lifestyle' choice. Nonsense in my view, and as a consequence I'm always alert to any evidence that might come along that could support my own particular viewpoint. It just so happens that in the last couple of days, just like buses, three have come along.

First off here's news of a Parliamentary Committee confirming just how bad Residential Care can be for young people. All my anecdotal evidence collected over many years confirmed this ages ago, which is why I was so surprised to hear Martin Narey, the former Chief Executive of Barnado's, say a couple of years ago that more kids should be taken into the care of the Local Authority. I suspect all probation officers can recite many instances of where someone's life really started getting much worse as a result of being in a Children's Home. For far too long it's been a Cinderella service, typically poorly paid, under-resourced and sadly the preserve of the most in-experienced staff.

Then there's another report into the failure by the NHS to provide proper treatment for patients with mental health problems. Again, boy don't we know that as probation officers! I wish I had a pound for every Pre-Sentence Report I've written over the years, identifying significant mental health issues that are connected with offending behaviour, require urgent medical attention, but knowing full-well that it will not be forthcoming. Sadly the Medical Profession has never felt itself bound by Court Orders which make treatment conditional. To be honest I've always felt that Forensic Services have been a Cinderella branch of the NHS not fully understood by commissioning managers. Maybe they feel it should be funded by the Justice Ministry as being somehow for the 'undeserving'. I particularly note with disgust that £400 million ear-marked for the 'talking therapies' has been otherwise appropriated in the absence of compulsion. So much for local accountability.

Finally there is the news that nearly 7 million people in this country 'are just one bill away from disaster'. Yet again all probation officers will know just how precarious many of our clients financial situations are. Many exist from week to week by means of complicated informal borrowing arrangements involving friends and family. Having absolutely no access to any savings, as a consequence disaster is a common occurrence. This situation has not been helped since a decision was taken some years back to stop probation officers having access to the wonderfully named 'Befriending Fund.' Typically this money could be dispensed pretty much at will by officers, and up to £10 without management authorisation. These mostly small sums often provided food and shelter in emergencies and I'm sure helped to avert all manner of bigger problems for society. But, as with so much discretion, it was swept away in the name of probation becoming a punishment service and we are where we now are.

I firmly believe that all these recent examples show how offending and the work of the probation service fit into the wider context of society and quite often in my view demonstrate failings in social policy. It is completely unjust to blame us for not bringing down re-offending rates when many of the causes of criminal behaviour are not being addressed and we are not being given access to the tools necessary to do our job."

I strongly suspect I've touched on the theme many times over the years, but interestingly in those days it generated just one comment from TheUrbaneGorilla:-
"Sticking plasters at Hiroshima" as I think someone once said. Here's one SPO who has regularly put his hand in his pocket in the absence of the Befriending Fund. Of course, if I was an MP, I could probably claim it back. But I'm not."

I'm pretty sure another reader used this expression recently, but I can't seem to find it now, nor indeed the origin of it. Hopefully this situation might be rectified shortly.

So, is it any wonder why we're in the mess we are and tensions continue to run high? I remember being shocked reading many of the contributions to the secret Facebook group a couple of years ago with significant numbers stating an intention to vote Tory - a party wedded to making life even more difficult for our client group. How is it possible practitioners are unable to join the dots up? But of course probation are all civil servants now and part of the very state that continues to fail people. 

46 comments:

  1. I was thinking yesterday reading the contributions being posted that the State is really only involved in the identification of criminal behaviour and offending.
    The recruitment of those with Criminology and Psychology backgrounds into probation gives the service more people who can explain and understand the reasons people offend, but being able to understand the reasons doesn't equip people with the means to do much to prevent someone from offending.
    Probation are fixated with, and constantly assessing risk, again just a process of identification.
    The police use algorithms to profile people, who's likely to offend, where and when, male or female, black or white.
    The State spend fortunes on trying to identify offenders, profiling, determining what risk they pose.
    Yet with all that money spent, and data collected on identification the only real response by the State is to build more and bigger prisons.
    And of course prison DOES work, because we've had them for centuries and need to build more because more people are offending then ever before!
    Indeed, if the State does make any effort to resolve the reasons people offend, it's to farm them out to the third and private sector.
    The State itself does diddly squat.
    I really have difficulty understanding why so much resource is ploughed into identifying issues if the equivalent resources aren't being spent on resolving the issues.
    Just identifying a problem is pretty pointless if you're not going to try to fix it.

    'Getafix

    ReplyDelete
    Replies
    1. £240 a day cost to the taxpayer only to end up with the same problem in a fortnight's time!
      Maybe it's time the public started to ask for a refund from the MoJ?

      https://www.whitchurchherald.co.uk/news/20675588.malpas-man-sent-back-prison-failed-attend-probation-order/

      'Getafix

      Delete
    2. A MALPAS man has been sent to prison after he failed to comply with a supervision order.

      Matthew David Hayes was due to attend Chester Probation Office for a planned appointment on August 8, but he failed to turn up. He also failed to make contact to inform probation of his whereabouts. The appointment was part of a post-custodial supervision requirement.

      Last week, Chester Magistrates' Court was told that at the time of the offence, the 38-year-old was of no fixed abode and his whereabouts were unknown.

      Hayes, of Dobson Square in Malpas, admitted the breach at a hearing held on August 17. Magistrates agreed to send Hayes back to prison for 14 days for breaching the requirement and for being a persistent breacher of court orders.

      Delete
    3. The resources are ploughed into identfying risk & responsibility to create a smokescreen of pseudo-science, In this way blame can be placed upon others, thus keeping the State's hands clean & allowing it to justify locking more people up.

      The State isn't interested in people. Its interests lie in self-gratification, survival, & the retention of power & authority.

      Eradicating Probation was a necessary political task. It removed a key public service anomaly that meant questions were asked as to why the State hadn't done this or that.

      For example those pesky PSRs in court quite often highlighted failures to address issue X or Y, which meant the judiciary sometimes asked awkward questions of the State. Kill the PSR & there's no medium for a well-crafted flagging up of issue X or Y; or dissent as the State sees it.

      Rigid regulation through control & command, imposition of impenetrable policies & procedures, disassembling of the culture ... & the State silences that dissent.

      Tame media - TV, radio, newspapers - play their obedient roles in keeping people on high alert, worried, in a state of anxiety or fear, wary of criminals & criminal behaviour. They persist with stereotypical characterisations of 'the criminal classes', use inflammatory language & constantly dripfeed headlines such as: "Drug-crazed killer", "Drug-crazed student", "killer and crazed drug addict who chased next high", "Evil paedophile who raped and murdered", "Paedophile serial killer's house of horrors"...

      More prisons, bigger prisons, tougher regimes, longer sentences = economies of scale, lower operating costs, bigger profits

      Delete
    4. "I really have difficulty understanding why so much resource is ploughed into identifying issues if the equivalent resources aren't being spent on resolving the issues.
      Just identifying a problem is pretty pointless if you're not going to try to fix it."

      Resolving the issues would mean doing away with capitalism, or at least severely limiting it. Neither of those are going to happen under the tories and its unlikely a Sir Keir Starmer led labour party will either.

      Delete
  2. Another sad development is that as a PSO I used to be able to ‘put my hand into my own pocket’ to help, but as I can’t afford to pay my own bills I have nothing left to give - only a listening ear.

    ReplyDelete
  3. Secret Barrister on Twitter:

    "As of Friday 26 August 2022, criminal barristers will be walking out of court. Indefinitely.

    And we won’t be going back until this government fixes the justice system that it has broken.

    Your move, @DominicRaab"

    ReplyDelete
    Replies
    1. https://rozenberg.substack.com/p/all-out-bar-strike-next-month

      Members of the Criminal Bar Association have voted by four to one in favour of beginning an indefinite, uninterrupted strike in two weeks’ time. Defence lawyers in England and Wales are currently striking on alternate weeks and this will continue until the industrial action becomes continuous on 5 September.

      Delete
    2. Average pay for FTSE 100 chiefs jumps by 39% to £3.4m

      https://www.theguardian.com/business/2022/aug/22/average-pay-ftse-100-chiefs-jumps

      Delete
  4. Poor barristers only getting £80,000 per year.

    “Barristers have voted to go on an indefinite, uninterrupted strike in England and Wales from next month.
    The walkout by members of the Criminal Bar Association (CBA) will begin on 5 September.
    Until now, members have been striking on alternate weeks in a dispute with the government over pay, working conditions and legal aid funding.
    https://www.bbc.co.uk/news/uk-62629776

    ReplyDelete
    Replies
    1. "Poor barristers only getting £80,000 per year."

      Where did you get that from? Buying into Tory propaganda by the looks of it.

      "Michelle Heeley, a criminal barrister, told BBC's Five Live the justice system was "crumbling" because of a lack of increase in pay.

      Responding to comments that criminal lawyers were perceived to be well paid, she admitted those high up the pay scale were "very fortunate". But she said the median pay for a junior barrister was £12,700 per year.

      "That's why they cannot survive doing criminal work, and that's why they're walking away," Ms Heeley said."

      Delete
    2. Read past the headlines and understand the meaning on median.

      “How much do criminal lawyers earn?
      Barristers are self-employed and often perceived as highly-paid.
      The median salary for a criminal barrister in the year 2019-20 was £79,800, according to an independent review.
      But that figure falls to a range of £55,900 to £62,900 once expenses are accounted for.
      Meanwhile, new criminal barristers can earn as little as £9,000 once costs, including transport, are factored in, while some barristers say the time they spend preparing cases means their hourly earnings are below minimum wage.
      Barristers with zero, one or two years of practice earned a median of £25,100 before expenses and a net figure of £18,800 after expenses.
      Lawyers who work in other areas, such as private corporate law, can expect to earn £100,000 a year from very early in their careers.”

      Delete
    3. “she admitted those high up the pay scale were "very fortunate".”

      If probation officers earned on average £60k and rising after 3 years …

      Delete
    4. Barristers work longer hours have a difficult job and travel. They have on costs like office secretaries and juniors. It all adds up. They have two sides to deliver in role and do their best to understand issues in relation to law. They all need better and fair pay . Have you ever heard of strike but the upper middle classes before. I don't think so.

      Delete
    5. Probation officers work long hours for less. Probation pay offers are significantly less too.

      Barristers earn a lot more, with significantly better pay prospects, private work and existing pay offers. I’m sure they have access to accounts to help offset expenses against tax.

      I can’t say I’m sympathetic to those earning alot more, but good on them for striking and I hope indefinite means indefinite.

      Delete
    6. “Barristers work longer hours have a difficult job and travel.”

      Paid to lie and get the best deal for many they know to be guilty. Cross-examining CJS “colleagues” in the process and then drive home in nice cars or annual season tickets they can offset as expenses. Even the article shows £60,000 year earnings after 2 years and an existing pay offer way above what probation has been offered in the last 10 years and we have to pay for parking and travel to work too. No, we are not the same.

      Delete
    7. I wonder how many would choose probation if it required at least 3 years university fees in debt before they begun?
      There wouldn't be rush me thinks.

      'Getafix

      Delete
    8. Many needed a degree to train as a probation officer. So 3 years debt to start training on a poor paid job with no prospects of higher earnings. In financial terms I’d much rather be a barrister.

      Delete
    9. Young/new barristers have been posting their debts post-law degree & pupillage. How many outraged posters on this site would risk running up £90,000+ of debt to qualify?

      Its easy to snipe when you're being paid to train: "earn £23,174 a year during training" & no university fees to pay; that's another £15,000 or so in your pocket.

      And as one barrister said on the radio this evening, (not verbatim) "If we're receiving the pay the media claims we are, why are we going on strike?"

      Delete
    10. Young / new trainee probation officers will already have a degree so an average £45k debt which will take 30 years to pay. Probation training and post-qualification means paying their own travel to work, lunch and many hours unpaid overtime for both training and casework as an expectation for a salary significantly below what it should be.

      Based on the barrister “poor me I’m only paid £12k a year if I deduct travel expenses and unpaid preparatory work” argument, then probation officers earn £0 a year. I cannot sympathise with barristers that earn £80k on average after 3 years and were already offered a pay increase many times over what probation have ever been offered.

      Sorry !

      Delete
  5. The point being missed is that many probation staff want to be civil servants. Just as many vote Tory. Just as many like enforcing, imprisoning… This is what the happens with a flawed probation training geared at middle-class, young, white female graduates.

    ReplyDelete
  6. There you have it. Probation Unification worked and a big pat on the back for government ministers for completing its back-of-a-fag-packet strategy!!!

    “New Institute for Government report praises MoJ for reunifying probation on such a tight schedule but flags up loss of innovative practice.”

    https://www.instituteforgovernment.org.uk/sites/default/files/publications/probation-case-study.pdf

    ReplyDelete
    Replies
    1. "The Institute for Government is the leading think tank working to make government more effective."

      https://www.instituteforgovernment.org.uk/about-us/board-members

      Delete
    2. MoJ’s tagline for the unification of probation was that it was a ‘merger, not a takeover’. But mergers require cultural and contractual cohesion. MoJ is still in the process of trying to harmonise the terms and conditions for some 700 staff who worked for parent
      companies or subcontractors."

      Delete
  7. Don’t worry, day two of forced fun day, aka Probation day will solve all our problems....now can anyone guess who this pen portrait is about......Giles, don’t mention poor pay again,there’s a good chap, be a team player let’s makes them think that we are one big happy compliant workforce for once good god don’t you realise that ACEs and above need their huge salaries....Lucreta that’s a wonderful poster you’ve made......well done.....and so the madness continues, but to my PQuip colleagues, to the NQOs and other Grades the salaries we have now were fought for by those who have gone before...I fear that without a new fight our Ts and Cs will be next in the firing line and when it happens don’t rely on others to take up the banner....three cheers to our barrister colleagues who have lit the path.......

    ReplyDelete
    Replies
    1. Giles just needs to 'radically accept' the poor pay, and realise that the problem isnt the concrete tangible objective material reality, but the way he views it - in other words, the problem is in Giles' head.

      Delete
    2. “Barrister colleagues” who earn 3x as much to cross examine us at oral hearings.

      No path is “lit” as probation has muddled through on decreasing pay for years and will continue to work on.

      And don’t mention probation strikes, Unison or Napo, we bow to Liz Truss and the Civil Service.

      Delete
    3. Put the discontent into getting organized and fighting back. What that might look like is dramatically changing napo so it actually works in the interests of members, or starting a new union. Included in this has to be an either total dissaffiliation with the rotten labour party (like the Bakers Union did) or reduced funding to that party - why pour members money into a party that doesnt represent you ?

      Delete
    4. Anon 15:27: As far as I know, Napo are not and never been affiliated to any political party and there is no political levy.

      Delete
    5. Thanks Jim, noted re political levy and affiliation.

      Delete
  8. No pay rise, just a pat on the back from the top.

    “I’m so proud of all our staff who work in probation and what you do to help make positive changes to offenders lives and local communities. Happy Probation Day!” @dgprobwales

    Probation staff so demoralised and unsupported they’ll engage in this folly rather than vote with their feet.

    ReplyDelete
    Replies
    1. I work in London. Probation staff HAVE voted with their feet. Numerous offices are 'red sites' and hundreds of offenders are unsupervised. Current advert out for 150 PSOs speaks for itself. The product of gross mismanagement at the highest level over 3 or 4 years. The service is utterly f#@%@d and still no serious or coherent attempt to address recruitment and retention. I could leave tomorrow and earn much more as a YOS agency worker, as so many of my colleagues have done. Given my commitments l've decided to go just as soon as my local YOS next advertise.

      Delete
    2. .. but you all took part in Probation Day. Your London managers are putting photos all over the place.

      Delete
    3. Are we really all taking part? Sounds like an unverified interpretation to me but maybe we are?? You must be a manager's dream.

      Delete
  9. Is the barrister strike not a green light for probation unions to join in? As a probation officer I pay for travel to work, parking, get zero overtime pay for my long hours and never had a pay rise worth mentioning!!

    “Meanwhile, new criminal barristers can earn as little as £9,000 once costs, including transport, are factored in, while some barristers say the time they spend preparing cases means their hourly earnings are below minimum wage.”

    https://www.bbc.co.uk/news/uk-62629776

    ReplyDelete
  10. Using the ‘barrister argument’ I earn less than the minimum wage too. Cost of my travel, parking, lunch and 30 hours a week unpaid overtime means I earn £5000 a year as a #probation officer. We need to strike @Napo_news

    ReplyDelete
    Replies
    1. What happened last time we went on strike. Hear this all the time from people in the office, we should go on strike none of them are in the union. It ends up with a few people not paid and the rest go into work.

      Delete
  11. Any more news on where the pay negotiations are up to?

    ReplyDelete
    Replies
    1. Was told a week ago unions taking the employer offer to NNC. Union members will hopefully know the offer soon in order to vote. Not heard any of this from NAPO. Feel poorly updated by them.

      Delete
  12. From Twitter:-

    "1978- 2005 in probation service. It was a job that allowed you to work with people according to social work principles but this was not trusted and it became more centrally driven. Chief officers became civil servants. Public /private split. The results have been disastrous."

    ReplyDelete
    Replies
    1. Thanks for that reminder at 19.02 22nd August 2022 -that Chief Officers became direct Government appointees from 2001 when the ridiculously named probation employing authorities became "SuchandSuch Probation Area" - I transferred from ILPS to London Probation Area where staff had a different status to elsewhere in the country but am not sure precisely when I ceased to be an officer of the court answerable firstly to the Magistrates' Committee of the Petty Sessions area (or combined area) for the place where I was appointed.

      The centralisation and move away from local was incremental - I am not sure if anyone had a plan or it was just short termism.

      Delete
  13. From Twitter:-

    "Home visits is another cost now. Did a full day a few weeks back, 40+ miles and received £9.80 in mileage claim. If they want HV doing a pool or hire car is going to be needed from now on."

    ReplyDelete
    Replies
    1. That’s shocking !!

      Delete
    2. And that’s why I long stopped doing any probation activity that cannot be fully paid for in advance using my preferred means.

      Delete
    3. It’s 45p a mile. Did you claim correctly?

      Delete
  14. No point in worrying about more pay as it will not come under Tory rule. Sadly we will all be working to pay bills . Gas electricity water energy these privatised companies have taken profits to the max. Shareholder dividends. People buy into this and we pay the price. These industries should be run by the state for us not eon . Anyway we go we are stuffed for the next 5 years minimum.

    ReplyDelete