Saturday 20 July 2024

Time For Probation Reform

With the new government getting to grips with the many problems left by the previous administration, this recent article in the Times highlights the head of steam that's building for urgent probation reform:-   

Plans to re-professionalise probation service are urgently needed

Staff spend a disproportionate amount of time in front of computers instead of engaging with offenders, writes Ian Fox

Any analysis of the complex arrangements and relationships that form our justice system should include a debate on how to deploy, manage, resource and support the probation service.

This issue has never been more necessary — the service is in a parlous condition as a consequence of the last government’s mismanagement and neglect. The increase in the size of the prison population and its apparent imperviousness to attempts by successive justice and home secretaries to reverse the trend is the elephant in the justice system’s waiting room.

Courts in England and Wales proportionately send more adults to custody than other western European countries, yet few commentators have included the role of the probation service in their analyses of this crisis, or rehabilitation per se.

In his in-tray as a new justice minister, James Timpson has to consider both a strategic review of probation governance and the opportunities offered by devolving both youth justice and probation to the Welsh government. Any terms of reference for the former should take into account the learning from both the disastrous merger of prisons and probation and the privatisation debacle that has left the service with only a vestige of its former professional reputation, visibility, respect and experience base.

The traditional top-down command and control structure in prisons has gradually built virtual walls around a service whose social justice and rehabilitation ethos is all but lost in a blizzard of processes and algorithms, reducing critical judgments to paper exercises. Consequently, staff spend a disproportionate amount of time in front of computers and in offices instead of engaging in valuable face-to-face contact with offenders and their families.

Plans to re-professionalise probation are urgently needed to separate it organisationally from the prison service in England, with its own director-general and governance arrangements that are geographically coterminous with police force areas, with a strategic focus on locally commissioned and delivered services. Relationships with the magistrates’ and crown courts also need to be reset.

Given that the Welsh government already has responsibility for employment, housing, education, and drugs and alcohol services, devolving probation and youth justice heralds the prospect of a structurally joined-up approach to crime reduction services in the principality.

With more than 100 years of history and once described as “the jewel in the crown” of the justice system, UK probation expertise was until a decade ago exported to many countries in the form of community programmes, services to courts and victims, and local partnerships. For the service to regain its rightful place at the heart of our justice system, the role of probation in delivering social justice and rehabilitation must be incorporated into the terms of reference of forthcoming reviews.

Ian Fox is a visiting fellow at the University of South Wales and a retired chief officer and regional manager of probation

48 comments:

  1. This is true for a lot of organisations, public and private, but especially so for probation, social services and PPU. You now spend so much time proving to managers that you're doing your job properly you have no time to do your job properly, I like to call it the Sox Paradox. Catchy eh?

    I find it ironic that organisations who place such importance on the concept of consent forget their principles so easily. So called professionals have become high handed and over mighty as the events in Harehills recently shows. You guys should take a look at yourselves and ask if you have consent to your actions and whether your actions are working. Hint: Not from where I'm standing.
    sox

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    1. Re Harehills 09:15 it was a straight forward safeguarding of children issue and we should not forget that, it is easy to judge when you don’t know.

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    2. It was the usual hysterical over-reaction to a simple childhood accident according to all reports I've read. Your high handed dismissal of such an obvious answer is why social services and probation have lost so much trust.
      sox

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    3. Please stop all the passive aggression 15:04

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    4. Stop this that the other come on wake up. When reader posters in here don't like intellect or challenge they cry passive aggressive or stop projecting . What a lot of tosh. People on here all have the right to speak as they are it. If you don't like it don't read it but ask for people to stop valid contribution.

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    5. I am giving up on this blog as a long term ( practitioner) contributor as I just do not want to engage with the aggressions ( various types) anymore. There are people who simply do not want other voices heard, only their viewpoint and assertions. If you’ve been damaged by probation I’m truly sorry but there is something unpleasant about the interactions. This blog has been a place of testament for practitioners and I laud it for that but something unpleasant is happening in the challenging of people, it may be mischief it may be a sense of grievance but it is stifling exchanges.

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    6. So re Harehills, the children were already subject to Court Orders for safeguarding reasons to prevent them being removed from the UK. Straight forward, the social workers doing their job, they were being moved to an agreed address with extended family members when this situation developed. Source BBC News

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  2. "... the service is in a parlous condition as a consequence of the last government’s mismanagement and neglect... The traditional top-down command and control structure in prisons has gradually built virtual walls around a service... Plans to re-professionalise probation are urgently needed to separate it organisationally from the prison service in England, with its own director-general and governance arrangements that are geographically coterminous with police force areas..."

    Its all been said on this blog by a variety of contributors (myself included) many many many times over the last decade.

    Will anyone take note now its been printed in The Times?

    Or will the new minister prove to be a load of old cobblers?

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  3. I did email napo today to suggest we need urgent survey and scrutiny of two areas:
    Staff mental health and impact of vicarious trauma leading to burnout and PTSD etc
    Sexual Harassment, particularly of young female PO's /PSO's and PQUIPS from mainly male people on probation. The stories I hear are truly shocking.

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    Replies
    1. I will bet my (paid off) mortgage that virtually none of that sexual harrassment comes from sex offenders and yet it's us whom you hold in such low esteem. The feeling is mutual.

      Delete
  4. briefly in other news

    https://www.bbc.co.uk/news/videos/cldy39vpv4qo

    "Several supporters of former President Donald Trump wore bandages on their ears... ear bandages are 'sign of love' "

    eerily...

    https://www.youtube.com/watch?v=Ka9mfZbTFbk

    The Shoe is the Sign

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  5. Older staff are being harassed too and it's not all by males or clients

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  6. I've been court based for many years & and I would dearly love the sentence guidelines to be reviewed. They really are tramlines in effect notwithstanding judicial denials on the point. Every day defendants are sent to immediate custody for non violent offences even though there were non custodial alternatives in place because the sentence guidelines dictated custody in excess of 24 months. Sentence guidelines brought about a standardized approach and consistency of sentencing, but they are set at too high a bar and more guidance on reasonable prospect of rehabilitation or adequate punitive options available in the community would lift a lot of shorter term prisoners out of the custody inevitable bracket

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  7. Re-professionalising probation sounds great, but then I wonder what a professional service looks like in the minds of those charged with making it happen?

    'Getafix

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    1. I worry that many of the officers trained over the last 4 or 5 years wouldn't want the responsibility to make decisions on there own regarding risk without the crutch of all the myriad processes, hoops, forms etc we now have before acting. Most SPO's I know also default to recall, breach, sign off the person as HROSH just to cover there own backs out of fear of being the next name in the Daily Mail due to an SFO. With Professionalism must come some autonomy and as such risk of getting things wrong. Risk can't be eliminated but probation has tried it's best by lowering the threshold for High and Very High ROSH and recalling as many offenders as possible...

      Nick

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    2. The form filling doesn't make a difference anyway, you'll still be axed if you get an SFO

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  8. For what is supposed to be the more compassionate end of the Criminal Justice System journey, there's an awful lot of toxicity in Probation. Feelings of being exploited and gaslit by SPOs and HOS. Lots of bullying. The abuse of the duty roster. Women who find it acceptable to speak down to men: men are not a homogenised gender of potentially sexual predators who indulge in mansplaining. We're also not all edgy sexually attractive Alpha Male eye candy either: Let's not forget female POs not using boundaries with certain POPs: if it happens in prison, it probably happens in Probation. Reverse racism from certain people in power: white men are not all potentially racist or if they're risk adverse to a POP, decisions made therein are not based on a latency of racism already germinating. NQOs and PQIPs treated like fresh meat: this is not the army. Respect to all, no matter what the grade or level of experience. All well signposting these issues such how to report bullying, but the fallout in the wonderful world of PDU politics is often being persona non grata from other probation colleagues. Whilst a duty of care needs to be shown to all, dispensation for one means more work for others. POs going sick for one day a week over several weeks and this not coming to the attention of the sickness system or HR isn't equitable. Equality between prisons and probation and equality within probation as culture is vital for the future. Foster the culture you want to see and experience. Take care of our housekeeping before uncoupling from the civil service.

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    1. With pockets of exceptions around the country, probation has become an increasingly toxic environment for staff & cases alike ever since the political class got its hands on the tiller in the late 1990s. The data driven, bonus incentivised simple serpents have decimated the profession at the behest of political ideologues, inserting lickspittles & bullies into management structures to reinforce their command & control agenda. Divisive strategies, nepotism & bullying of staff have become commonplace, while the incompetence & failure of management has been rewarded.

      Coercive control of staff & those supervised by probation is a chronic malaise that must be addressed. But to do so there needs to be invasive intervention; the malign elements need to be excised.

      Have Shabana Mahmood & Timpson got the motivation, the understanding & the courage to take on hmpps, to extract probation from the toxic mire & reinstate an independent, public service focused on rehabilitation, inclusion & support?

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    2. You sound like you have a personally difficult position where you work. Your words about how we treat each other were really important. In troubled times such as this , we need to respect each other and get back to the times when we probation officers talked together about risk, valuing each others experiences and viewpoints. Risk,at the moment, is a thing that isn’t thought through, but just a label according to the offence . We need to be careful or our work could be done by a clerk with an algorithm. Making sure our culture is is in good order is vital for our future

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    3. “we need to respect each other and get back to the times when we probation officers talked together about risk”

      When and where was that exactly? Probation offices were always a discriminatory toxic mess. AND we never stopped banging on about risk that’s the problem!

      Delete
    4. "We need to be careful or our work could be done by a clerk with an algorithm."

      Too late. Its been in operation since the rollout of Danny Clark's eOASys ... & they haven't looked back.

      "Risk" is both a lucrative industry & a strategic straitjacket.

      The [mis]use of the "Risk" nomenclature is simply a means of control. It dictates the workload, it dictates how cases are managed, it dictates how staff are treated.

      But no-one seems to give a flying fuck about "risk" when it comes to serious mismanagement, e.g. when 97% of the service is deemed to be failing yet no managers are held to account.

      Unless & until complacent, incompetent & ineffective management are called out & stripped out, NOTHING will change.

      HMI Probation recent reports:

      Essex South PDU
      score: 5/21 (24%)
      "Requires Improvement"
      Leadership: "Good" (huh? how??)

      Northants PDU
      score 2/21 (10%)
      "Inadequate"
      Leadership: "Requires Improvement" (no shit?!)

      Herts PDU
      score: 4/21 (19%)
      "Requires Improvement"
      Leadership: "Requires Improvement"

      SuffolkPDU
      score: 4/21 (19%)
      "Requires Improvement"
      Leadership: "Good" (again, how the fuck???)


      If a performance rating of 24% is a mark of "Good Leadership", probation hasn't a hope in hell.

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    5. Exactly. If they’re failing this badly then “Leadership” is less than inadequate across the board. I’m concerned HMIP is leaving out of it’s reports the details of the bullying, gaslighting and incompetence probation managers are renowned for in every one of these locations.

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    6. Manipulation of allocations, vacancies, the selection process, job roles and locations to favour some and punish others..

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    7. Is it time HMIP did a thematic inspection on Senior Management of the Probation Service?

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    8. The issue seems to be that 'senior management' speak in tongues, i.e. management-speak, & are thus able to deceive, talk over & generally bamboozle inspectors with their "blue sky thinking" & "drilling down" etc etc. I suspect that's why inspection reports talk about pdu's scoring fuck all & being 'inadequate' while 'leadership' is rated 'good'.They believe their own lies.

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    9. I'm not a fan of leaders because they are not that. They just people in some sort of charge . However we have some handful of excellent people in top jobs but they are swamped by the remaining rubbish and hangers clingers on.

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    10. With regret I stopped reading as soon as you used ‘Pops’ Stop using that demeaning way of referring to those on the books. Or I shall use FUPUPOPs to describe you.

      Delete
  9. https://www.aol.co.uk/news/mp-expenses-cheats-sex-offenders-123436239.html

    MP expenses cheats and sex offenders keep taxpayer-funded pensions

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    1. You mean you think it fine to steal other peoples' pensions as happens to prisoners today. You are imposing a retrospective fine that only a crown court judge has the power to impose. Everybody should be entitled to their pension regardless of conduct. Remember the farce of confiscating driving licences?

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    2. I don't see an argument for theft, just the westmonster corruption of those who were guilty of such misconduct being kept in employment as MPs & allowed to continue accruing publicly funded contributions after the fact of their misconduct. Their entitlement to their generous publicly funded pensions should have been frozen at the point of their proven criminality.

      Delete
  10. https://www.bbc.co.uk/news/articles/c4ng5n0my0zo

    "There is a cost to not settling, a cost of further industrial action, and a cost in terms of the challenge we face recruiting."

    Same applies to the forgotten public service ……

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  11. Headline from today's Independent (paywall).

    Probation chief warns 97% of service already failing – even before launch of early release prison scheme
    Exclusive: Chief inspector warns new staff promised to help ailing service will need time to ‘bed down’

    'Getafix

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    1. what does whatshername, the putative chief probation officer, think every time Martin Jones is called "probation chief" ?

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  12. Teachers in line for 5.5% pay rise more reason to take it out on the poor, mentally ill , homeless and traumatised cohort of people you bully

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  13. https://amp.theguardian.com/society/article/2024/jul/22/cut-unsustainable-probation-workload-in-england-and-wales-urges-watchdog

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    1. Ministers should consider reducing the caseload of the probation service by up to 40,000 offenders if they are to ease the overcrowding crisis in prisons, a watchdog has told the Guardian.

      Martin Jones, the chief inspector of probation in England and Wales, said the current model was “not sustainable” and suggested ministers should free up capacity by no longer asking probation officers to monitor people released from prison after short custodial sentences for crimes such as shoplifting.

      Days after the justice secretary, Shabana Mahmood, announced plans to release thousands of offenders from September because of a prisons overcrowding crisis, Jones also suggested that youth justice services could take some of the probation service’s workload by monitoring 18- to 21-year-olds released from prison.

      About 5,500 offenders on standard determinate sentences are expected to be freed from jails before Christmas after serving 40% of their sentences. Mahmood said on Friday that the Prison Service would have run out of space within weeks without immediate action.

      Responsibility for monitoring the newly released offenders on licence will fall upon the probation service, whose measures can include electronic tagging and curfews.

      In his first in-depth interview since joining the inspectorate in March, Jones said the government must find a way to lighten the workload of the probation service, which is struggling with an increased volume of cases and inexperienced and overworked staff.

      “Let’s not pretend that the probation service can manage nearly a quarter of a million people within its current resourcing envelope. You might have to make some choices in relation to people for whom there might be some benefits, but actually, where do you focus those resources? I don’t think this current model is sustainable,” he said.

      The way that offenders are monitored in the community has come under intense scrutiny since the murder of Zara Aleena, a law graduate, in east London in 2022. Her killer, Jordan McSweeney, who had a long history of misogynistic and racially aggravated incidents, should have been seen by probation officers as a high-risk offender and recalled to prison after missing appointments. Instead, he was incorrectly assessed as being of medium risk and remained free to attack Aleena.

      That case followed the exposure of failings by the probation service before Damien Bendall murdered three children and his pregnant partner in Derbyshire in 2021.

      As part of an overview of the probation system, which manages more than 240,000 offenders a year, Jones said:

      He suspects that each of the probation service’s 12 regions in England and Wales are already struggling to cope with the number of cases.
      Approximately two-thirds of the cases his staff inspect fall short of the standards that have been set to keep the public safe.
      97% of probation delivery units examined by the watchdog were falling below the standards set for good practice.
      He is drawing up an inspection programme for probation hostels – halfway houses for high-risk offenders – because at present there is no independent oversight of their work.
      Jones said there was an urgent need to address the workload, particularly as the government seeks to ask probation officers to take on a new cohort of offenders under the early release scheme.

      Delete
    2. He argued that people who receive short custodial sentences such as shoplifters, who were brought into the probation system in 2015 by Chris Grayling’s Offender Rehabilitation Act, could be taken back out. Previously, offenders serving a sentence of less than 12 months were released unconditionally after half of their sentence had been served in custody.

      “In 2015, people released from short custodial sentences didn’t receive any kind of supervision at all. It seems to me that what they’ve almost done is dragged across these cases and ended up with an inflated caseload that they can’t properly supervise. I think you could deal with those people more effectively by way of community sentences,” he said.

      Thousands of cases involving 18- to 21-year-olds that are assessed by the probation service could be moved over to youth justice services, he added.

      “Youth justice services is a very stable service. It currently has a cutoff at the age of 18. What if we asked youth justice services to reach out and actually deal with young adults up to the age of 21, and actually supervise them in that way?” Jones said.

      He said the early release of prisoners would be a “challenging” task.

      The Guardian disclosed on Thursday that the Ministry of Justice (MoJ) cut the length of time that high-risk offenders such as freed rapists and murderers spend under supervision in government-approved hostels.

      Until recently, very high-risk offenders in England and Wales could stay for a maximum of 12 weeks in “approved premises” where their behaviour is closely monitored by key workers. This was cut to a maximum of eight weeks by the last government.

      Jones said that at present, there was no independent oversight of approved premises. He has discussed with the government plans so that his staff can investigate them in future.

      “The case for this is extremely strong. You need to understand not just the numbers that have been released, but how they are then being managed back into the community,” he said.

      An MoJ spokesperson said: “The prison system is in crisis, which is putting significant pressure on the whole justice system. We are gripping the situation and supporting our hard-working staff, including recruiting 1,000 more probation officers to deliver robust supervision and protect the public.”

      Delete
    3. Removing the 12mths and under from post sentence supervision is a no brainer.
      It reduces probation caseloads and reduces the number of recalls that are impacting on the prison capacity.
      In reality, there was never any real point in subjecting this cohort to post release supervision.
      It just increased the speed the revolving door turned at.

      'Getafix

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    4. It depends if the new govt is prepared to step back from the right wing scaremongering sleights of hand, aka "public protection", "risk management" & demonising those convicted of crimes.

      To do that the new administration must have faith in what probation ought to be, i.e. a specialist source of assessment, rehabilitation & support. As a first step towards developing that trust the incumbent 'decepticons' & bullies in management need to be removed.

      Delete
  14. From Twitter:-

    "I have spent my weekend job searching and applying for other roles. Trying to see it as a positive but can’t help but feel I have been backed into a corner. I am so tired. Can’t help feeling a little sad that my #probation career is over."

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  15. If 97% are failing, there's no way the service can survive as is and with increased devolution, will likely be returned to local control

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    1. It was labour who put the privatised bill in place . I don't think anything is likely as many won't.

      Delete
  16. Time for widespread CJ system reform?

    "A 47 year old man who has amassed more than 200 criminal offences was back in court days after leaving jail.

    He appeared before magistrates in Carlisle to admit a public order offence for threatening to "batter" a hotel manager in the city.

    He was fined £140 and ordered to pay prosecution costs and a mandatory surcharge for what is his 220th offence, committed on 27 July.

    His previous court appearance was in April when he was jailed for threatening a bus driver and racially abusing a man.

    Kate Hunter, mitigating, said he had been released from custody last Thursday and slept rough that night, but has now secured hostel accommodation.

    "That is an opportunity for him to show the courts, police and public he can abide and be a good citizen," said Ms Hunter, who described him having some mental health issues.

    "He asks for a chance to prove himself."

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    Replies
    1. https://www.bbc.co.uk/news/articles/cxw2983yppzo

      "A woman who was brutally attacked by a convicted murderer says proposals for the early release of hundreds of long-term prisoners have left her filled with fear."

      Delete
    2. https://www.bbc.co.uk/news/articles/cq5xlq27x42o

      Police officer stabbed at high security prison

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  17. https://www.instituteforgovernment.org.uk/publication/fixing-public-services-labour-government/criminal-justice-system

    "The probation service is overstretched and cannot adequately manage caseloads or risk
    The vacancy rate is rising and staff lack experience"

    https://www.instituteforgovernment.org.uk/comment/failures-last-government-labour-prisons-options


    And a little historical gem from Mike Guilfoyle:

    https://www.crimeandjustice.org.uk/publications/cjm/article/transforming-rehabilitation-end-probation-service

    "With the election of a Labour government in 1997 the Probation Service came under greater political and organisational scrutiny via the Home Office, becoming a more centralised organisation (the National Probation Service was inaugurated in 2001) and began to undertake more systemised approaches, under the influence of the ‘What Works’ movement."

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  18. Thinking about an interesting comparison I want to share. It’s not the public sector workers above-inflation pay rises!

    The US Secret Service boss has resigned over Trump shooting failures. "As your director, I take full responsibility for the security lapse," Ms Cheatle said in a resignation letter to agency staff on Tuesday. “I do not want my calls for resignation to be a distraction from the great work each and every one of you do towards our vital mission.”

    https://www.bbc.co.uk/news/articles/c4ngj4jyryeo

    Why haven’t we heard this from our Probation bosses and leaders? There’s been a wave of Serious Further Offences, the failures, the scandals, the workloads. Then the ENDLESS HMIP reports documenting how probation leaders have run the Probation Service into the ground.

    https://www.justiceinspectorates.gov.uk/hmiprobation/inspections/

    In comparison to Ms Cheatle’s leadership, have probation leaders not also “instilled no confidence”, caused “significant operational failure”, “did not properly protect” and “now we have to pick up the pieces”?

    Where are the resignations of the probation top brass?

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  19. "Seven Labour MPs have had the whip suspended for six months after voting against the government on an amendment to scrap the two-child benefit cap.

    Less than three weeks on from the general election, and the prime minister has booted seven of his MPs out of the Parliamentary Labour Party... The argument his team are making is that the party had been clear it would not be prioritising the scrapping of the two-child benefit cap... potential rebels had been told very clearly in advance of the vote that if they voted against the government position, they would, to use the Westminster jargon, have the whip withdrawn.

    This means they are suspended from the parliamentary party and will sit as independent MPs for at least six months."

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