Guest Blog 97

Probation re-set, revise and regret

I reset my email password today, that’s something you re-set. You do not re-set an entire organisation with over 100 years of history. It’s been discussed in the shadows for some time now, but the dye has been cast, the touch paper is lit. They’re calling it Probation Re-set, the whisper has become a reality though we do not need a “re-set”, we need resources, independence and staff.

First they “transformed” probation, which really meant dismantling and privatising. Then they “unified” probation which meant joining two disjointed organisations and papering over the mistakes of the past decade. Now the wallpaper is peeling off the walls and HMPpS is using probation to absorb the smoke of the prison overcrowding crisis, blaming probation for recalls and deluding us to believe it needs to be “re-set”. My question is re-set to what exactly?

Probation is not being re-set to its gold medal award status of over a decade ago, it is not being re-set and returned to its social work roots of advise, assist and befriend, it is not being re-set and detached from the hangman’s noose of the civil and prison services. The “re-set” will scrap PSS and terminate all supervised cases at the two thirds point, excepting those registered as MAPPA and child protection cases. All sentence management contact under PSS will cease. All supervision appointments delivered by probation will cease in the final third (unless the exception criteria is met). Contact for People on Licence (PoLs?) will cease in the final third (unless exception criteria is met).

I remember when probation fought to provide supervisory support to those sentenced to under 12 months in custody. We didn’t expect this to arrive in the form of Post Sentence Supervision (PSS), which ramped up workloads and forced support onto many released prisoners that did not require it. Short term sentences should have been replaced by community sentences and PSS should have been legislated as optional for those released from short term prison sentences. If PSS needed to be mandatory then this should have been for the first three months and only extended by mutual agreement and without enforcement practices. Instead there has been a total u-turn and community supervision is being reduced, PSS to be suspended or scrapped altogether and supervised individuals no longer supported in the last third of their supervision. Have we missed the evidence-based research that told HMPpS experts those in the last third of a sentence do not need support, won’t commit crime, or pose a risk to themselves, victims and communities?

If probation is an agency of rehabilitation, enforcement, risk management and public protection then this surely will not be achieved by cancelling supervision and support when it could be needed most. Under “re-set” guidelines an individual could be sentenced to a few years in prison or put on probation, released 60 days in advance of the half way point, to then have their supervision suspended after 6 months on probation. Without dwelling on whether this is what the Courts and victims expect a sentence to be in actual fact, it does not sound very rehabilitative for those in need of help and support.

The rhetoric is that “we will reset probation so that practitioners prioritise early engagement at the point where offenders are most likely to breach their licence conditions. That will allow front-line staff to maximise supervision of the most serious offenders”. The first big elephant in the room is that once again probation is being twisted into an agency for supervising “serious offenders”. Many individuals do not start off as serious offenders and can still require support which will no longer be available. The support that could be needed for those released from prison 60 days early, homeless, penniless and addicted is to be reduced instead of improved. 

The second is that supervisory relationships do not always flourish until the very last periods of sentences. This will no longer happen when supervision is cancelled, not for good progress, but because the computer calculated that an individuals two thirds are up.

The cynical person I am thinks that Probation Re-set is part of the grand design of OneHMPpS which has consumed the Probation Service alive, warts and all. All HMPPS, Rees & Co needed to do was let go of their grip on the Probation Service and allow it to improve its staffing, practices and resources under a more localised control structure. Instead they’re continuing Grayling’s legacy by dismantling what’s left and ensuring probation is no longer a provider of probation services. Or we can be like the Emperor and believe the lies that Probation Re-set is going to save probation, at least for five minutes!

“The Emperor walked under his high canopy in the midst of the procession, through the streets of his capital. All the people standing by, and those at the windows, cried out, “Oh! How beautiful are our Emperor’s new clothes! “But he has nothing at all on!” at last cried out all the people. The Emperor was upset, for he knew that the people were right, and the Emperor walked on in his underwear.”

Probation Officer

Guest Blog 96

Reflections 2

I thought I would offer an update regarding my employment. My leaving the service approx 3 years ago was published anonymously as Guest Blog 84 in November 2021. 

I took early retirement after 21 years as a probation officer (in 2021). however I then worked elsewhere for approx 18 months. My old senior and the chief then persuaded me that my experience was sadly missed and asked if I would return on a part time basis? The promise of a mentoring role, guiding inexperienced and newly qualified officers whilst supporting my old team was, I thought, an opportunity to return to the work I once loved.

I have now achieved 15 months back in post as a part time PO, my case load currently sits at 170% capacity (workload management tool). I am told what to do by numerous SPO’s who all have differing agendas. I have had no refresher training and yet the way OASys is now written bears no resemblance to how I was trained. I am micro managed in every aspect of the role and told all decisions regarding enforcement, breach, recall, transfers, amendments and warnings etc ‘must’ have management oversight. 

The team is short staffed and cannot fill vacancies. I am told my role will change ‘when’ the vacancies are filled. People are now being directed to work at my office and sickness absence has reached new highs. Morale is lower than I have ever seen.

I am told that in order to complete mandatory training as part of the CBF framework I should now undertake that work as overtime! If I don’t, I simply won’t get my incremental pay rise! Under the current circumstances I have now tendered my resignation. I have undertaken an exit interview and was asked if I wanted more time to think about my decision (twice). I was then asked to defer my decision for a couple of months! (declined). 

The Service is broken beyond repair. The core skills of a professional Probation Officer are no longer required or desired. Good performance is measured in OASys timeliness and constant management oversight. The development of effective and meaningful relationships with offenders is no longer encouraged or required.

Prisons are at capacity, early release is now common place, PSS licence is on the cusp of being ditched, IPP sentences are being revoked due to the lack of capacity rather than the effectiveness of risk management. When it all goes wrong and the inevitable SFO’s start to occur, it will be the hapless ineffectual and over worked Probation Officer who will be thrown under the bus!

I am done, I give in, this Gold Star Service is no more. I have become a square peg that could never fit the shapeshifting demands of the HMPPS. Hope this helps the cause.

Best wishes,

Anon

--oo00oo--

Have something to say? Want space to reflect? Want to get something off your chest, but anonymously? Why not hit the keyboard and send it in for publishing? jimbrown51@virginmedia.com  

The Need For Probation Reform

Yesterday's spirited discussion of OASys confirms in my mind the almost complete disregard and contempt the thing is still held in throughout the probation service and indeed well beyond. How it came about, was imposed upon us and is still outrageously consuming vast quantities of practitioner time to virtually no effect whatsoever some twenty years on should be a cause of great shame and embarrassment to all. 

But that's just so typical of what happens as a result of centralised bureaucratic control in the form of HMPPS. If anything of use can be salvaged from the wreck probation has become under civil service direct command and control, a way must be found to get it out of their grip and back to local control and operation, free from the toxic influence of HM Prison Service.

Having got that off my chest, here is a blog from charity Revolving Doors confirming just how necessary proper probation reform is:-   

Presumption success is dependent on probation reforms

Revolving Doors’ Policy Manager Kelly Grehan spent 20 years working as a probation officer. She explains why the recent proposed presumption against short sentences will have limited success without reforms to a struggling Probation Service.

In my twenty years as a probation officer, I saw the damaging effects of short prison sentences. Instead of deterring crime, these sentences often entangle individuals in a cycle of crime and chaos, depriving them of housing, employment, and vital support services for substance use and mental health issues. The BBC’s recent drama Time poignantly illustrates this: a minor crime escalates into life-altering consequences, spurring further offences, trajectories I have encountered throughout my career.

As part of a wider package of measures to address the crisis of prison overcrowding, the Government are proposing a presumption against short sentences. This is a welcome move which we have long called for. However, I hold grave concerns about the severely depleted Probation Service’s ability to supervise individuals effectively without setting them up for failure. Over recent decades, poor legislation has seen the Probation Service go from being a service which prioritised rehabilitation and resettlement to one consumed by risk management and little else.

It is a fact of life that people leading chaotic lives miss appointments – often for reasons that are aligned to why they are in the criminal justice system in the first place. Sometimes they cannot afford travel to their appointments – a growing problem in a cost-of-living crisis, with Probation Centres now more spread out as lots of buildings have closed and been amalgamated. Others have neurodiversity issues, problematic drug and alcohol use or mental health issues. These are all things that make compliance with orders difficult. Around 5,000 people on community orders are also homeless.

Traditionally, Probation Officers had a lot of discretion about breaching people. There was some room for understanding when people missed appointments. But, as the service, which was originally set up to ‘advise, assist and befriend’ those who had committed offences has become more risk averse, the service has seen recall and breach become the default position – not necessarily for new offences but for other breaches of the expectations of their Orders.

In 1993, fewer than 100 people were in prison following recall. By 2023, over 12,000 were. At the same time the number of people sentenced to Community Sentences has plummeted. This is widely thought to be down to sentencers losing faith in them, post Chris Grayling’s part privatisation of the Probation Service in 2014. Although the Service was re-amalgamated in 2021 it has continued to perform badly – only one area has received a ‘good’ grade from the Probation Inspectorate since the Service came fully back into government control.

This week, talking about his plans for a presumption against short sentences, Lord Chancellor and Secretary of State for Justice Alex Chalk told the Telegraph non-compliance would not be tolerated, saying

“You breach court orders at your peril. And if you do so, you can expect no mercy... they have a very clear choice, comply, or go to prison.”

All evidence shows that what people who are trapped in the revolving door need is help and support to address the causal factors of their offending. Seeing attendance at appointments as the only measure of success, as the Minister’s new measures seem to, is destined for difficulty.

It does not need to be like this. Over 15 years ago I was a Probation Officer supervising Drug Treatment and Testing Orders (DTTOs). These were Orders given to people whose problems with drugs was linked to their offending. Everyone on the Order had twice weekly drug testing – but crucially failing a drug test was not linked to any punitive measures. Testing people twice a week, separate to my supervision session with them meant I got to know the people I supervised and could support them, alongside a local drug project. A doctor and Nurse also joined the Probation team, providing prescriptions and helping people get access to treatment to address their wider health needs.

In short – this was a holistic, treatment- based approach to dealing with drug-related offending. Significantly those on the Order returned to Court regularly for Reviews – often reserved to the Judge who sentenced them. Showing the progress, they were making to the Court was hugely motivating for those on the Order. The reviews also gave judges an insight into the challenges of recovery.

Of course, those on the Order often missed appointments, vanished for several weeks and/or relapsed. However, this was seen in the context of their recovery journey. The order generally continued, often to changed behaviour. It is hard to imagine such an Order being used now.

I worry that nothing has been learnt from the disaster that is Post Sentence Supervision (PSS). Under changes introduced in 2015, anyone leaving custody who has served two days, or more is required to be supervised in the community for a minimum of 12 months. Previously they would have had no involvement with the Probation Service. This move has had a devastating effect on prison numbers. 8,357 people serving a sentence of less than 12 months were recalled to prison in the year to December 2022. Many of these are for non-compliance, rather than new offences. Far from PSS offering people a way out of offending it has trapped many in the revolving door, whilst burdening Probation Officers with extra workload, seemingly to little benefit for those on the sentence or society at large.

I had hoped that the negative impacts of the Post Sentence Supervision might underscore the need for a re-evaluation of the purpose and effectiveness of our current approach. But it seems this was naïve.

At some point we need to stop and reassess what Probation is for. Rebranding efforts to project Community Orders as stringent measures have inadvertently transformed Probation into a predominantly punitive agency, leaving overburdened staff entangled in administrative tasks rather than providing essential support to those under supervision.

If we are ever to end the revolving door of crisis and crime, we need to look at solving its causes. I hope the Minister’s words in The Telegraph are simply part of an effort to look tough, and that some evidenced based support systems will finally be reintroduced to those subject to Community Orders. That is how we will end the revolving door of crisis and crime.

Kelly Grehan

Profile

Kelly is our Policy Manager. She works to coordinate our influencing and communications relating to policing and diversion, sentencing and probation, resettlement, multiple disadvantage, and systems change.

Before joining Revolving Doors, Kelly spent nearly two decades working for the Probation Service, before working for Members of Parliament in the House of commons. She has also led on work on Women and Justice in the Fabian Women’s Network.

Outside of work Kelly is a councillor, charity trustee and runs a small community organisation. She also spends far too much time listening to podcasts, trying to read books and has a secret love of the TV show Neighbours.

“I love the fact Revolving Doors works with people with lived experience to bring systemic change. Having worked on the frontline with those going through the justice system and having experienced frustration with the way the system is set up I feel very privileged to be able to work with our members to ensure their voices are heard.”

Being a Senior Probation Officer

Thanks go to the reader for sending this in:-

Thank you to the writer of this, it sums up how most of us feel. I want to add the voice of an SPO to this. We come in for a lot of criticism from colleagues, but also get a lot of support and empathy. Currently I line manage over 15 staff, as everywhere my team are over worked, under resourced and stressed. But they are amazing people doing some amazing work in impossible circumstances. 

The concerns I have for the well-being of my team keep me awake, I am constantly having to juggle balls and spin plates in the small hope it alleviates some pressure for them. I know that it doesn’t- it adds heat to a boiling pot. Staff are burnt out. They go home feeling guilty, tired, and overwhelmed. Not only are they trying to manage high caseloads with high need, they are trying to help their colleagues and welcome a constant turn over of new staff in the hope that they stay. New staff are given a bloody awful hand, they are being under trained and hammered with huge caseloads, despite my best efforts I am sure that there are cases they shouldn’t have.

We work in silos- gone are the days when you started to get to know your case pre sentence, and worked with them until the end whatever that sentence was. Courts are understaffed, the initial assessment process is consistently flawed. If they think the Bendall catastrophe has resolved this it hasn’t. Police checks are taking weeks- the focus isn’t on analysing offending or behaviour, we are in a copy / paste culture of OASys and quality assurance!

22 years in probation- 17 as a PO- my highest caseload was 110 cases in the CRC. Caseload numbers are not that stupid anymore but I have POs on 40 cases, PSO’s on 50+- all are complex, high need. How on earth are staff expected to be effective? First thing that is dropped when workloads are high is the 1-1 rehabilitation, group work is touted as the answer.

Barriers to engagement- breach- enforcement takes months, we don’t look at how we can effectively engage people anymore, deal with resistance and denial and sequence interventions. Targets, targets, targets. No doubt we need performance measures but they don’t mirror what we need to achieve . And then HMIP issue reports stating we have great leadership and research indicating that community disposals work with good 1-1 relationships in probation- ironic, frustrating and why we have an issue in probation, but certainly the latter is not news.

My teams caseload is over 600 cases, am I confident that all bases are covered, that I know all of the really risky cases? no. But I am confident that, despite the tensions, my colleagues are bloody working hard and trying their best. Touch points model on 600+ cases- laughable and impossible, but also meaningless. Managers meetings are a constant discussion on how do we support staff, we don’t hold the keys to the solutions locally and nationally they are not interested. Staff retention is that key- but to achieve this we need to go back to the drawing board and look at the whole structure of probation and it’s value base. 

We have become solely a public protection agency, ineffective at public protection as we no longer assess effectively or rehabilitate. Yes better pay would have an impact but I think we all want the ability to be effective in building those working relationships with our people and do the rehabilitative work, not be chained to a laptop ticking a box or filling in a tool which tells us what we already know (for those of us fortunate enough to have had some decent training).

Sentencing- let’s not go there- PSS- principle of rehabilitation- is an utter shambles.
I stay in the service because I care- care for my colleagues, care for the people coming through the door, partners and public. That's no longer seen as a positive by senior leaders / HMPPS. Will I stay until the end of my career, probably not but I will do what I can to look after my team while I am able to.

Anon

A Wake Up Call

For anyone interested in the world of probation post TR, last night's episode 5 of Crime and Punishment on Channel 4 is a 'must see'. To be perfectly frank I found it deeply worrying because much of what has been said on this blog over the years was turned into reality and captured on camera for all to see.

We saw the true effect of giving probation officers nothing but high risk cases, namely no opportunity of respite from the constant stress such clients bring. My heart goes out to the officer who, even though working a three day week, is scoring 168% according to the Workload Management Tool. When asked about the effect of having to deal with the personal threats and risks involved, Verity's momentary loss of composure confirms what I know to be true, namely that the working environment created by TR within many NPS offices is putting staff at serious risk of harm and the possibility of Post Traumatic Stress Disorder.

The reality shown in this documentary should be a wake up call to all currently involved in the re-design of the probation service and lessons must be learned, not least the vital importance of balanced and diverse caseloads in order to help protect staff from burnout or serious psychological harm. 

Postscript

Following on from my observations above, I've just remembered something I saw on Twitter a couple of weeks ago that rather concerned me. Normally there's absolutely nothing of any interest on the Twitter feeds of senior NPS managers, just the usual vacuous guff about important meetings etc, but this caught my eye:-

"Today I am so proud to announce the launch of the NWNPS staff support team. 35 trained NPS volunteers of all grades offering confidential non judgemental support to colleagues in NW prioritising well being and advise. Thank you colleagues for caring."

It's from Roz Hamilton, Divisional Director for North West, National Probation Service and it got me thinking. Given the stress, anger and low morale we all know is around in NPS, resulting in high sickness levels and poor retention rates, in all honesty who would feel it safe and comfortable to approach fellow staff, possibly in management and even if assured of confidentiality? Surely it must be obvious it could give rise to serious conflicts of interest and a potential minefield in terms of loyalties, responsibilities and information? Am I the only one who wouldn't touch it with a barge pole and feel any support service must be independent and arms length?

The Contract Police

Whilst the march of TR continues to wreck havoc on the probation service and many experienced practitioners are dispensed with, here we have a fascinating insight into the complicated and bureaucratic regional structure needed by Noms in order to try and police the privateers:- 

Presentation on theme: "Transforming Rehabilitation Derek Quinn - Service Manager NOMS Staffordshire and West Midlands."— Presentation transcript:

1 Transforming Rehabilitation Derek Quinn - Service Manager NOMS Staffordshire and West Midlands

2 Transforming Rehabilitation Transforming Rehabilitation launched in 2013 and has introduced a new system for the management and rehabilitation of offenders in the community across England and Wales. – Created a new National Probation Service (NPS) – Opened up the market by creating 21 Community Rehabilitation Companies to deliver to low and medium risk offenders – Extended supervision for the under 12 months on release – Creation of a Rehabilitation Activity Requirement – A Through the Gate Resettlement Service – Freedom for CRCs to design services they see as the most effective way to reduce reoffending – Incentive by a Payment by Results mechanism – Contracts went live in February 2015

3 The Integrated Contract Management Team 21 Contracts nationally with 8 providers Contracts are manage by the National Offender Management Service. Each Contract is managed separately Reducing Reoffending Partnership – Staffordshire and West Midlands and Derbyshire, Leicestershire, Nottinghamshire and Rutland EOS - Warwickshire and West Mercia.  Each contract is managed by an Integrated Contract Management Teams (CMT) comprising Operational Contract Management (OCM) and Commercial Contract Management (CCM). Supported by a multi functional team - Operational Assurance, Legal, Estates, ICT and Finance

4 Staffordshire and West Midlands (SWM) Contract Management Team Xxxxx Xxxxx - Deputy Director South West and Midlands Xxxxx Xxxxx - Senior Contract Manager (SWM) Xxxxxx Xxxxx - Service Manager (SWM) Xxxxx Xxxxx - Service Manager (SWM) Xxxxx Xxxxx - Contract Support Officer (SWM)

5 The CMT Role Ensure Contract Compliance Day to day assurance on CRC operations Monitor performance Foster a partnership approach with the CRC Develop positive relationships with key stakeholders Facilitate dispute resolution Manage Contract Change

6 Ensuring Compliance Regular dip testing of data and case records Regular meetings with CRC contract managers Building a relationship with the NPS and Prisons Visiting the delivery sites, observing the operations and collecting feedback Assure the monthly data as part of the payment mechanism Overseeing the mitigation of risk at the CRC level. Building a detailed understanding of the contractual arrangements between the contractor and each of its Subcontractors Building a relationship with key external stakeholders and commissioners Robust governance structure Feed into the Operational Assurance Team - undertake in depth assurance

7 Governance Service Management Group (SMG) Day-to-day management of the relationship between the CRC and the SCM. Service Integration Group (SIG) Management of the interfaces between the CRC, the SCM, the NPS and the resettlement prisons to enable the CRC to efficiently and effectively deliver its services. Relationship Management Group (RMG) Responsible for contract management and overseeing the overall success of the relationship between the CRC and the RSCM. Change Protocol Group (CPG) – Local and National This group will discuss changes which are referred by the SMG. Once the changes are agreed the CPG will provide an overview of them to the RMG.

8 Performance Management 17 Service Levels - the levers to effective offender management and reducing reoffending. 4 Assurance Metrics - Ensuring quality in key areas. https://www.gov.uk/government/publications/community-performance-quarterly-management-information-release Contractual outcomes, obligations and timelines - to ensure an effective service is delivered. Reoffending Rates

9 Progress to Date CRC Contracts delivered by new owners from 1st February 2015 Rehabilitation Activity Requirement and Post Sentence Supervision now being delivered Through the Gate Services went live on 1st May 2015 Phased development and implementation of the Target Operating Model Governance Structures in place and working well

10 Measuring Reducing Reoffending This will depend on four elements; Cohorts Measures and Baselines Timings

11 Eligible Cohorts Quarterly cohorts by CPA Offenders can only start once in a cohort Offenders eligible by risk, location, timing Information from PNC and nDelius will be used. Offenders from nDelius on the PNC Offences from nDelius on the PNC. Date from prison release or sentence date start

12 Measures and baselines Binary # reoffenders divided by # offenders Frequency # reoffences divided by # reoffenders OGRS4/G - estimation of binary measure. These equations will determine the baseline and measure in each CPA.

13 Timings 1st Oct 15 1st Sep 17 1st Jul 17 1st Jan 17 Dec 17 1st Jan 16 Cohort period Analysis PNC update Waiting time Follow up period Index date

14 Timings 1st Cohort Period - 1st Oct st Jan 2016 Follow-up period - One year counted from index date 1st Jan st Jan Waiting time - 6 months after follow-up period to allow reconvictions to go through courts. Reoffence - Offence in the follow-up period. Convictions in follow-up period + waiting time. 1st Jan Dec 2015.

15 Contact Details NOMS 1st Floor, The Citedal 190 Corporation Street, Birmingham B46QD 

(Material taken from a slide presentation, so doesn't read easily in parts, but you get the gist hopefully - Ed)