Showing posts with label UNISON. Show all posts
Showing posts with label UNISON. Show all posts

Tuesday, 9 July 2024

A Very Bad Idea

Regular readers will recall that one unfortunate casualty of Rishi Sunak having a hissy fit and calling a very unexpected general election was the last minute cancellation of a BBC Newsnight investigation into the mess HMPPS was making of sex offender programmes.

Sadly, but very conveniently for HMPPS, this film will never see the light of day due to the BBC culling all the investigative journalists from Newsnight and reducing the programme to 30 rather than 45 minutes. Fortunately, I see the subject gets a thorough airing in this piece published yesterday by ByLine Times:-

Ministry of Justice Downgrading of Sex Offender Rehabilitation Will Have ‘Catastrophic Effect’ on Public Safety, Union Warns

The salaries of specialist probation officers who manage sex offenders are being cut – and 77% say they plan to leave the job.

New plans to cut the salaries of specialist probation officers who manage the risk of sex offenders could have a “catastrophic” effect on public safety, unions warn.

Sex offenders in England and Wales are often required to take part in Horizon, a programme designed to reduce their risk of reoffending. Around 1 in 10 sex offenders go on to commit a similar crime.

The programme is facilitated by specialised officers, many of whom have decades of experience working with sex offenders, but the Ministry of Justice (MoJ) has decided the role will drop from band 4 to band 3 for new recruits from 1 August 2024, which will result in a pay cut of up to £10,000.

Facilitators will no longer be required to be qualified probation officers, which comes with two years’ training, including risk management and risk assessment.

Around 93% of Horizon facilitators think the public will be at increased risk following these changes, according to an internal survey of members of the union Napo seen by Byline Times.

These changes are like “putting the teaching assistants in charge of the school,” says Laura, a specialist probation officer with experience facilitating and managing these programmes. Laura, (not her real name) added that it takes a lot of experience to be able to idenitfy the signs that someone may reoffend.

“People with 10 to 20 years’ experience are really good at picking up on the signs when someone is becoming risky,” the specialist probation officer says. “And we have a degree-level qualification in managing risk."

“My concern is that we’ll lose these experienced staff who are good at identifying risk, and I can think of a number of situations where staff running these programmes have identified risk that has led to us finding out that men have been having contact with children they shouldn’t have been, which has led to them being recalled to prison.”

Facilitators who are currently at band 4 will have their pay frozen for three years, then it will drop to band 3, and their job roles will encompass a broader range of programmes.

The decision has caused a “serious loss of trust” among facilitators, says Max (not his real name), a probation officer with over a decade’s experience of facilitating sex offender programmes. “A lot of people around me, with a lot of experience, are thinking about leaving the service,” he says.

According to NAPO’s survey, 77% of specialist probation officers say they will leave their team. This will leave inexperienced staff to do the work, says Napo’s Tania Bassett. 

“Inexperienced staff will need to be trained in Horizon, which will take time, and in some cases there is no training provision,” she told Byline Times. 
"As a result, we expect large parts of the country to be left unable to deliver any sex offender work for quite a few months."

“Existing groups are likely to be withdrawn as there won’t be any staff left to complete them. Evidence shows that, where a programme is only partially completed, risk of offenders increases.”

Probation officers that manage people on probation are supported by divisional sex offender units, which consist of specialist probation staff that deliver Horizon. They’re trained to conduct thorough risk assessments and sentence management plans for sex offenders, and provide tailored interventions.

“A lot of probation officers with caseloads lack the confidence of how to work with people with sexual convictions, and look to us for advice,” says Max. 

The new plans will eliminate this oversight across the country, says Rebecca (not her real name), a senior probation officer, who declined to provide her name. “There will be a two-tier workforce that will be watered down over time because experienced staff have left and continue to do so. They don’t want to go back into the field doing case management and overseeing an extremely high caseload, which holds a significant level of accountability. We’re walking into a furnace.”

This move could have a “catastrophic” effect on public safety, says Unison, one of the UK’s largest trade unions.

“With the probation service suffering from an acute workload and staffing crisis, it’s all the more important to hold on to experienced employees to supervise complex cases effectively,” says Ben Priestley, the union’s national officer for police and probation. 
"Doing away with specialist units with expertise in dealing with sex offenders will lead to a significant loss of skilled staff with the necessary experience. Communities will be left without the protection they deserve and require."

The agenda around punishing sex offenders seems to focus on increasing sentences, rather than protecting those at risk of being targeted by sex offenders, says Harriet Wistrich, founder and director of the Centre for Women’s Justice.

Wistrich, a solicitor who acted for some of the victims of John Worboys, known as the ‘black cab rapist’, told Byline Times: “Unless you lock everyone up forever, people will come up of prison, usually on license, and this is a critical time. If they’re regarded low enough in risk, that risk should be very carefully monitored by probation, which requires particular skills and experience.

“Sex offending is a specific type offending. It’s quite different from a lot of other offending because it seems many sex offenders are quite able to present themselves in ways that won’t necessarily make them appear to be a risk to those who aren’t very skilled at identifying and understanding that risk and manipulation,” she says.

There are also plans to replace Horizon, which is designed specifically for those with sexual convictions, with a ‘one-size-fits-all’ course, Next Generation of Accredited Programmes.

Simon (not his real name) completed Horizon while on probation after serving time for a sexual offence and credits it with changing his life. “Getting caught helped me see there were things I needed to address to understand why I did what I did, and I’m a better person now,” he says. “Horizon provides an understanding that we’re all built differently, and it takes a trigger to send you over the edge.”

Simon praises the facilitators, saying they were “excellent” and know how to “treat people”. “If one of us stepped out of line, they were soon told,” he told Byline Times. “You could see their experience in how they spoke to you. Having that experience was vital.”

The move should be a concern to the public, says George Georgiou, GMB’s national officer.

“The work undertaken with people who have committed sexual offences is – and has been for decades – specialised,” he says. “The way people offend and the theories and approaches to addressing this behaviour varies by offence type. “Evidence shows the effective treatment of people who have committed offences of a sexual nature does reduce the risk of their reoffending. GMB is concerned removing specialist workers leaves the public at risk of increased reoffending.”

Daniel, (not his real name) was sexually abused by a teacher when he was 13.

The 55-year-old says he’s struggled with feelings of guilt for not going to the police about his abuser, who went on to sexually abuse other children. “It’s so vital that the right infrastructure is in place to support and rehabilitate people so they don’t reoffend,” he says.

A Probation Service spokesperson told Byline Times that sex offenders are “supervised by qualified probation officers and the Horizon behaviour change programme they undertake will continue to be delivered by appropriately trained staff. These changes will ensure these programmes are delivered consistently across the country to reduce the risk of reoffending.”

Jessica Bradley

Thursday, 6 June 2024

Probation's Political Demands

As the election campaign starts to get tetchy and the dodgy financial figures start flying, it's as important as ever that truth will out, purdah or not. It's extremely significant that HM Treasury Permanent Secretary has speedily turned to print in order to rubbish the position regarding the suggested £2,000 Labour tax hike. Sadly, we're going to hear a lot of misinformation like this over the coming weeks, particularly from the side on the ropes and now increasingly desperate to minimise the impending rout.

Talking of the election, thanks must go to long-term reader, supporter and contributor 'Getafix firstly for providing yet another succinct 'mission statement' which has been 'liked' many times on Twitter:-
"If probation is not about change and rehabilitation it's doomed to always be just an extension of the prison service."

and for spotting this published yesterday on the Unison website:-  

Opinion: 10 reasons why the civil service can’t do probation

Since Chris Grayling’s disastrous 2014 probation reforms, first part of, and since 2021 all of the probation service has been run centrally from Whitehall, as part of His Majesty’s Prison and Probation Service (HMPPS) in the Ministry of Justice (MOJ). Its staff are civil servants. As a consequence, HMPPS has struggled with operational delivery. A central model of probation delivery is simply too remote and too top-down to manage probation effectively or efficiently.

UNISON is campaigning with the Labour Group of Police and Crime Commissioners for probation to be removed from civil service control and handed back to local delivery, expertise and democratic oversight. Here are 10 reasons why.

Central control is bad for local delivery

Prior to 2014, probation trusts were high performing local services working on the same footprint as police forces. This allowed effective working with partners like the police, courts, local authorities, the NHS and the voluntary sector. In 2014, trusts were abolished in favour of direct management by the MOJ for half the service and privatisation for the other half. And performance has never recovered. From June 2021, the whole service was unified under MOJ control.

Central control tramples over professional independence

Before 2014, there was a chief probation officer in every local probation trust, working at the same level as the chief constables in local police forces. Thirty-five of these chief probation officers collectively led an independent profession.

The 2014 reforms to probation axed all these positions and now there is only one chief probation officer, who is a senior civil servant. This completely undermines independent, local, professional leadership.

Generic jobs damage local responsiveness

HMPPS has removed specialist probation jobs and replaced them with generic roles that cover too many responsibilities. This includes the closure of divisional sex offender units and the removal of specialist enforcement officers. This cost-cutting measure has destroyed local responsiveness.

The prison service dominates

The prison service is now the dominant partner in HMPPS, with probation forced into a subservient position. This means that frequent prison crises eat up ministerial attention and resources which are denied to probation.

HMPPS wants to own the professional register

There has been talk for many years of setting up a professional register for probation practitioners. HMPPS first proposed that it should become the registration body for probation, which would make it both judge and jury over professional matters.

MOJ central services are inefficient

The civil service centralises functions like payroll, HR, facilities management and training, which has led to probation pay and conditions, including pensions, being poorly administered. This is an inefficient system that has lowered staff morale and productivity.

Civil service pay is chronically low

The probation service is unable to recruit and retain skilled staff due to the chronic low pay issues in the civil service. In March 2024, the Public Accounts Committee identified the link between longstanding pay issues and staff satisfaction.

Workloads are unmanageable

The Probation Service has a workloads crisis, which is why UNISON is part of the joint union campaign Operation Protect. Staffing shortages, unmanageable caseloads and high levels of stress have not been managed down by HMPPS, which means that probation workers, people on probation and communities are all put at risk. Meanwhile, the civil service is too slow and bureaucratic to tackle this.

Constant reorganisation causes churn and disruption

The civil service is in a state of almost constant top-down reorganisation, which has never allowed probation to just get on with its core mission. The One HMPPS strategy to align prisons and probation is just the latest in a series of ill-conceived and poorly delivered change programmes designed to reduce the independence of probation and make it more difficult to extract it from civil service control.

More senior managers won’t solve these problems

The One HMPPS strategy has created a totally new layer of senior managers (area executive directors) at great cost to the public purse, when what is really needed is a focus on supporting frontline staff with better pay and conditions.

Probation workers and unions know better than anyone that, until probation is removed from civil service control and handed back to local management and oversight, it will continue to struggle. Overall, the priorities of the civil service are totally incompatible with a thriving, independent probation service that delivers for both people on probation and local communities.

--oo00oo--

Of particular interest is this:-
"UNISON is campaigning with the Labour Group of Police and Crime Commissioners for probation to be removed from civil service control and handed back to local delivery, expertise and democratic oversight."

I can understand that not being affiliated to any political party means that Napo cannot 'campaign' with the Labour Group of Police and Crime Commissioners, it's nevertheless to be hoped conversations are being held. Here is Napo's political shopping list also recently published as 'Manifesto Asks':- 

PROBATION ENGLAND & WALES

1. A Royal Commission into the Criminal Justice System. 

As proposed in our joint motion with the Prison Officers Association as passed at the TUC in 2023, Napo calls for a commission across the whole criminal justice system to fully review and evaluate what has gone wrong and develop solutions to the current crisis. 

2.Take Probation out of HMPPS and the Civil Service. 

Napo AGM policy is get probation out of the civil service and free from prisons. We need a probation service that is based in the local communities it serves and not run by policy makers in Ministry of Justice. 

3.Devolution of Justice in Wales. 

Napo AGM 2023 passed a Napo Cymru motion to support the devolution of Justice in Wales. This would a step towards a locally run service and the Senedd scrutiny over its own probation service. 

4.Emergency funding for front facing services and staff in probation. 

Operation Protect has highlighted the chronic staffing and workloads crisis in Probation. We are calling for urgent emergency funding to invest in staff carrying out additional work to ease the prison crisis.

5.A future government must engage with Napo. 

Whoever forms the next government must engage with Napo as a matter of urgency to fully understand the probation crisis and work with us to develop a long term strategy for solving the many problems probation faces. Our members are the experts and can play a vital role in finding solutions whilst maintaining best practice.

PROBATION NORTHERN IRELAND 

1.Investment in the Probation Board Northern Ireland 

Historically PBNI has always been under funded by central government. Napo is calling for increased investment to ensure the effective running of the criminal justice system. Funding is vital to enable probation to retain skilled staff and interact effectively with other agencies such as health and social care and prisons. 

FAMILY COURT SECTION 

1.Get Family Courts out of the Ministry of Justice 

CAFCASS has been chronically under funded for a number of years that has resulted in stagnated and uncompetitive pay with many staff leaving and has prevented the service from developing its good practices. 

2.Additional Funding 

Additional funding would enable CAFCASS to develop policies for the benefit of families and children. An independent service would focus on improving the services available to all, especially those that are not able to financially afford access to legal advice. It would also ensure our members were no longer held back by the civil service pay remit.

Thursday, 1 September 2022

Pay Offer 2022

Probation staff have been eagerly awaiting news of the pay offer and as usual it's complicated. This from UNISON:-

UNISON’s Position on the Offer


UNISON would normally provide a recommendation to members as to how to vote in relation to a pay offer. However, on this occasion UNISON’s Probation Service Committee has not been able to arrive at such a recommendation.

The average 3.2% cost of living increase each year obviously falls well short of the current rate of inflation which stands at 12.3% (July 2022). Yes, eligible staff will get their pay progression in addition to their cost of living rises, but staff are expected to progress up their pay band each year in the Probation Service pay system and this should not be confused with an annual cost of living pay rise.

Taking the pros and cons of the offer into account, UNISON’s Committee decided that we should leave it up to individual members to decide for themselves how to vote on the offer. We are therefore taking a totally neutral position on the offer, but can point out the pros and cons of the offer as follows:

Pros
  • All pay points (with two exceptions referred to above) in each pay band get a cost-of-living increase in each year of the 3-year offer
  • New headroom is created in pay bands 2, 3, 4, 5 & 6 by the creation of a new higher maximum pay point in each of these pay bands in year 3 of the offer. At the end of the three-year period of the offer, the pay points at the top of each of these pay bands will have risen to the following cash values, with the % increase on the cash values also shown:
PB2 £25210 12%
PB3 £31650 12.2%
PB4 £42000 13%
PB5 £46000 12.1%
PB6 £52939 8%
  • The starting salaries of pay bands 2, 3, 4, 5 and 6 increase over the period of the offer as a result of the deletion of the lowest pay point in each of these pay bands. At the end of the three-year period of the offer, the starting salaries for these pay bands will be as follows, with the % increase on the current starting salaries also shown:
PB2 £22320 19.2%
PB3 £26475 14.2%
PB4 £35130 16.3%
PB5 £44100 18.7%
PB6 £48305 17.8%

Please note that the % increases shown here are higher than the sum of the average % cost of living increases in the pay points in each pay band, because they are the result of pay points being deleted at the bottom of the pay band, as well as the impact of the cost of living increases.
  • Pay progression will be paid on time in years 2 and 3 of the offer (on 1 April 2023 and 1 April 2024) rather than being delayed each year as a result of the need for Treasury approval
  • Staff at the top of their pay bands at the end of the first year of the offer, will receive a £300 non-consolidated lump sum payment on 1 April 2023, and also 2024 for staff in pay bands A, B, C & D
  • Allowances, such as London Weighting, Prison Supplement, Standby and Geographical Supplements all increase by 3% in each year of the offer
  • London Weighting is extended to all staff who are contracted to work at locations within the boundary of the M25
  • Overlaps between pay bands are removed by the end of the 3-year offer
Cons
  • The cost of living rises in the offer, which average 3.2% a year, fall very short of the current rate of inflation which was 12.3% in July 2022 (retail prices index/RPI). The joint union pay claim was for a cost-of-living rise of 3% plus RPI inflation for each year of the award. So, the cost-of-living rises in the pay offer fall way below what is needed for probation pay to keep up with inflation.
  • There is a difference between the cost of living rises on each pay point in each pay band – this is a lottery and a side-effect of the smoothing out of the gaps between the pay points in each pay band.
  • There are some differences in the average cost of living rises between different pay bands over the 3 years of the offer:
4.3% for pay band 5 and pay band A
3.6% for pay band 4
3.2% for pay band 2 and pay band 3
2.4% for pay band 6
  • The cost of living rises in years 2 and 3 of the offer are not paid until 1 October, when they would normally be paid in April. These rises are therefore delayed by 6 months. As a result, staff will only receive half the value of the pay rise in their pockets in the pay year, although the value of the pay points themselves goes up by the full amount.
  • There is no non-consolidated lump sum payment for staff at the top of their pay bands in year 1 of the offer. The unions asked for this, but the Probation Service was not able to fund it.
  • The gap between the top of pay band 3 and the bottom of pay band 4 will widen from 7.1% to 11%. 11% is double the size of gap which will exist between most other pay bands at the end of the three-year offer. Given the similarities in some of the work carried out by PSOs and POs, this widening of the pay gap between the two roles is regrettable. There should be equal gaps between the pay bands, but the Probation Service was not able to increase the top of pay band 3 sufficiently to close the gap in the final offer.
  • Market forces supplements (MFS) are being phased out and are likely to have disappeared for most staff currently in receipt of them by the end of the three-year pay offer. This will very probably see the re-emergence of recruitment and retention problems in the hard to recruit sites where the MFS is currently being paid.
  • There is no increase in car mileage allowances. The cost of motoring has rocketed over the last year. Our pay claim sought to address this by asking the Probation Service to approach Her Majesty’s Revenue and Customs to increase the 45p/mile fixed profit car mileage allowance that applies across the civil service. At this point no such approach has been made.
  • There is a question over whether the pay offer has been fully equality proofed. As set out above, the Probation Service has on the one hand indicated that the equality impact analysis of the offer is on-going and therefore incomplete, and on the other that it is now confident that the offer has been fully equality proofed. There is a risk that it may subsequently be discovered that the offer has some discriminatory effects.
UNISON has asked the Probation Service to agree to work with us to identify and deal with any such discriminatory effects which might arise from implementation of the three-year offer.

Saturday, 18 September 2021

Latest From Napo 226

Here we have yesterday's mailout from Napo:-

Dear Xxxxxxx

Reject the Public Sector Pay Freeze - Have you voted in the Indicative Ballot?

Napo members in the Probation Service are being asked to vote in an indicative ballot to reject the insulting pay offer from their employer and send a strong protest against the governments public sector pay freeze.

At this week’s Trade Union Congress, it was made clear by many speakers that the only way to defeat the vindictive pay freeze for key public service workers is likely to be through industrial action. Napo’s ballot is an opportunity for of our Probation members to say that they have had enough of being treated with disrespect by this government, enough of 10 years of austerity and the wanton destruction of our public services and enough of low pay, and the impact on your families living standards.

Why It’s not just about pay

While reunification is obviously welcomed, not a day passes without us receiving reports from your local Napo activists, members of your National Executive Committee and elected officers, about unsustainable workloads, staff shortages and the massive pressures being faced by on our members and manager members. There is a long way to go before these problems are resolved and the longer that the Probation service is starved of serious investment then this situation will simply get worse.

It’s a plain fact that until something is done to improve the pay of probation workers the service will fail to recruit and retain the staff that it desperately needs and fail to achieve the plans to rebuild following the disastrous effects of privatisation.

Given the chaos that our members in Probation are experiencing it ought to be an obvious choice to demonstrate your anger and frustration by way of casting your vote to reject the pay freeze in the indicative ballot. By doing so you can directly help to force the employer back into sensible negotiations, but we need our members to support their union and maintain pressure on your employer by taking part in this ballot.

Vote to reject the pay freeze

If you have not already voted, the link to the current indicative ballot is here. https://www.napo.org.uk/ps-pay-freeze-2021

UNISON members in Probation are also being asked to vote against the pay freeze and support industrial action.

Say no to the pay freeze
Say no to the disgraceful 2021 pay offer
Say no to unsustainable workloads, high stress levels and staff shortages

Please support your negotiators in our attempts to secure a decent pay rise for Probation staff

AGM – a chance to come together – in person or virtually!

Napo’s AGM will this year be a hybrid event. We look forward to welcoming as many members as possible to Newcastle. We have a large venue that will allow for social distancing and we are taking steps to ensure that the format supports us all in keeping safe. For members who cannot attend in person we are offering the chance to participate virtually, you will be able to speak and vote on motions and to listen to speakers and participate in the professional sessions. We know that some may be prevented from travelling or being in groups of people due to COVID vulnerability or for any other reason and it is important that we do what we can to avoid excluding people from AGM.

Members employed by the Probation Service will be allowed one day work time to attend AGM on the basis that it contributes to professional development

Pay, workloads, professional issues and COVID recovery are important to all of our members and we know you need a place to talk about them and to find ways to do something about them. AGM gives you that opportunity – don’t miss it, contact your branch for details of the support they are offering and register today!

Plus, in more news:
Napo Stress Survey
SPO Forum 29 September, 1pm

Best Wishes
Napo HQ

Saturday, 17 October 2020

Omnishambles Mark 2 - The Evidence

Here we have the transcript of the evidence from Napo and Unison to the Justice Select Committee earlier in the week. I find it utterly compelling:-

Q95 Chair: We now move to our third panel of witnesses—last but not least. Thank you for your patience. I would be very grateful if our three witnesses would introduce themselves. 

Ian Lawrence: I am Ian Lawrence, general secretary of Napo. Thank you for this opportunity, and good afternoon to everybody. 

Katie Lomas: I am Katie Lomas. I am the national chair at Napo, and I am a probation officer. 

Ben Priestley: I am Ben Priestley, national officer with Unison. 

Q96 Chair: Thank you all very much for coming to help us with your evidence, and thanks for the written evidence that your organisations have put in. I go back to what I asked the first panel. This is the second time we have had a major reform of the system in five years. This Committee concluded, as I think you agreed, that the first one did not work out too well. Do you think this one will be better? 

Ian Lawrence: We obviously welcome the prospect of a reunified service, and so do the members we represent, but we cannot gloss over the impact that two major reforms have had on all staff across the NPS and CRCs in terms of stress, high workloads and, as we have said to you before, the fragmentation of services that occurred from the start of the TR programme. 

On support for staff generally, despite the positive outcomes of the staff transfer and protection agreement that will underpin the reunified model, and the excellent engagement we have had with senior management, there is still uncertainty for many staff and a lot of work to do as well. We have not had time to celebrate the reunification; we have been too busy working on the future programme. 

To alleviate that, we think it will be useful to see more consistent communications from the CRCs—we know they are trying their best and we understand that—and staff being provided with clear answers from their senior leaders going forward about what the transition means for them, in the lead-in to the unified model and the publication of the revised operational blueprint, which we understand is due next spring. Ben Priestley wants to add to my answer, if possible. 

Ben Priestley: It is very clear that the vast majority of our members support the unified model. It is clearly a step in the right direction; 86% of the members we surveyed recently in support of our submission to the Committee’s inquiry said they support the unified model. 

To pick up on one of Ian’s points, there is a worryingly large minority of members in both the CRCs and the NPS who simply feel that they do not have enough information about the new model to say whether they think it will work. The Committee asked whether the unified model would improve the confidence of sentencers in community sentences. A large proportion of our members—41%—said they did not know whether that was the case, and 38% said they did not know whether the unified model would improve and strengthen collaboration and integration between prisons and probation. Fairly fundamental claims are being made for the unified model, which we support, as our sister union does, but on which staff do not feel they have the information. It goes back to Ian’s point that we need much better communication between HMPPS and the workforce in both the NPS and the CRCs in order that the staff can really get engaged with the project and throw their weight and support behind it. 

Q97 Richard Burgon: We know that the transforming probation privatisation was driven by ideology, not evidence, and that it was opposed by Napo and Unison. I have two questions. First, how confident is the panel that this new programme of reforms is going to repair the damage done to the probation service in the long term? Secondly, what broader lessons does the panel think the Government should learn from the failure of probation privatisation? 

Katie Lomas: One of the key things when thinking about whether it will work is, are we setting it up to work? The previous model, Transforming Rehabilitation, did not work, would not work and could never work. We think that a unified model can work, given the right amount of resource. When we talk about resource we do not mean just putting money into budgets, but making sure that we have the right number of staff, and that right across the system it is properly resourced, not just probation employers but all the other parts of the system that feed into probation and positive outcomes for probation clients. It is not just about saying, “Okay, we’ve tried it one way and it didn’t work. Let’s try it another way.” It is about saying, “This is the model we are committed to and we’re going to resource it properly.” 

I want to say a couple of things about the unified model. The model that is currently being pursued is unified in many parts, but not all. We still retain the dynamic framework for the provision of some services. While we are not opposed to having local providers of specialist services involved in the system, doing their best with their skills and experience, it is not clear that the model actually delivers that. I listened to the evidence of colleagues earlier who expressed exactly the same concerns. The way the contracts for the dynamic framework are being set up removes them from the local focus and means that it is far more likely that larger organisations that can provide a national spread will be given those contracts, rather than genuine smaller local organisations. 

There are lessons to be learned from what happened in Transforming Rehabilitation. The key lesson that we do not believe has yet been woven into the current design is local focus and local responsivity. We need to be able to work in a way that suits the needs of clients and communities in the area where we operate. It is no good doing the same thing in London as you do in rural areas of Lincolnshire. The two approaches need to be completely different, and they will involve different partners and different ways of working. The big lesson not yet learned is localism. 

Ben Priestley: To return to Katie’s point, which David also made in respect of the APCC submission, Unison supports the localisation of probation services, and the role of police and crime commissioners is absolutely integral to that. We certainly favour the devolution of political control to PCCs. I appreciate that is not within the bounds of this particular inquiry, but I want to put it on the record because there is a great deal of support for it in the sector. 

How confident are we that the reforms will work? It comes down to the points Katie mentioned around resourcing. The unions have written both to the Minister and to senior leaders in HMPPS to get a guarantee, as far as we can, that the CSR submission that the MOJ is making and the probation programme budget for the unified model are adequately resourced. We know that probation lost money during the Transforming Rehabilitation reforms, and it is absolutely critical that the service gets the funding from the Treasury in the forthcoming CSR and in the probation programme budget for it to work. It is about staffing, pay and the quality of the estate that probation staff have to work in. 

If we go back to the HMIP report delivered in January this year on NPS central functions, with which I know colleagues on the Committee will be familiar, there was a long list of deficiencies identified by the inspectorate about poor-quality offices, staff not being paid correctly, difficulties in training, access to IT and a failing facilities management contract. All those issues need to be addressed. 

On the issue of future procurement, what we know about procurement for the dynamic framework is that it is complex. There are four key strands, with which I think the Committee is familiar. The contracts will themselves be divided up in relation to a locality. For our members who are transferring potentially to a dynamic framework, it is very important to keep in mind that not all CRC staff will transfer to the National Probation Service. Admittedly, a small proportion of our members, but a proportion none the less, will go to the dynamic framework. At this point in time, because of the staggered nature of the procurement process and the award of contracts, those staff do not yet know where they will be working. That is a major cause of concern for us. 

There must be a question mark over the track record of the Ministry of Justice commercial department in specifying and managing contracts. Clearly, that has not been a success story over the last five years, and there must be some real question marks over that. I emphasise that it is about funding. If the NPS and the dynamic framework do not get the funding they need, I do not think any of us can be confident of the success of the unified model. 

Q98 Miss Dines: I am the MP for Derbyshire Dales. I am fairly new on the Committee, since the December election. Probation officers are clearly a huge national asset, and I have every confidence that you will make this transfer work. What challenges do you see and how can they be overcome to make sure that we have an effective new regime in place? 

Katie Lomas: Welcome to the Committee, and thank you for your question. We have to look at a couple of things. Obviously, the timescale and the timing of the reforms are key. On the timescale, we are making big changes to the probation system, again, in a relatively short space of time. On the timing, it comes in the midst of the response to a global pandemic, with our exceptional delivery models in place to make sure that the service can continue to run while keeping everyone as safe as possible. There is a chance that we can make it work, but there are various things we need to be mindful of and on which we need progress in order that the transfer happens. 

Staff who transfer next year from CRCs to the National Probation Service will face some challenges, such as vetting processes. We have serious concerns already about some of the vetting processes our members have to undertake. It is not employment vetting. There is a new requirement for staff in the National Probation Service to undergo police vetting in order to use a police computer system to record and share information. 

While we have no issue with recording and sharing information, which is a huge part of the probation job, the vetting process is quite different from the vetting process we have in our employment. For example, it discriminates against people who have lived experience in the criminal justice system. People with those experiences are important in the probation system and have a real role to play in the future of probation. We have concerns that staff who are currently working in CRCs and have the lived experience of being in the criminal justice system will be frozen out through the vetting processes as they transfer over. 

We have even seen examples of people failing the police vetting on the basis of their family connections, in some cases because they were a victim of crime. We continue to raise serious concerns about that, and it will become even more apparent when the CRCs transfer in. A lot of the work, for example providing peer mentors, is done through the CRCs, and those people will be transferring to the National Probation Service next year. 

We have some questions about probation qualifications. Some CRCs made different decisions about which qualifications were appropriate to which role. There will be members of staff working in CRCs now who do not have the qualification that the National Probation Service will expect them to have to carry out their role. We think it is important that staff placed in that position, through no fault of their own, have the right kind of support and guidance either to gain an appropriate qualification or to move to an alternative role that allows them to use their skills and experience. 

We have concerns about the ability of the shared service contracted-out HR system in the National Probation Service to manage the transfer in of almost 7,000 staff. When staff transferred in Wales, the transfer went relatively well on a process level, but that was a couple of hundred staff and this is almost 7,000. What we learned from the original transfer into the NPS from the probation trust in 2014 was that shared services do not manage difference well. If there is any difference in people’s terms and conditions, job title or anything like that, we have a real concern that shared services will not be able to cope and adapt, which means months, potentially years, of misery for our members, if their pay is incorrect and they are hounded for repayment of overpayments and things like that. 

We have concerns about information that might be transferred from the CRCs to shared services and whether it will be properly stored, transferred and kept. We have gone through a process in the National Probation Service where all staff had to re-evidence their qualifications because, even though it was evidenced to the probation trust prior to TR, the National Probation Service did not have those records. They were either never transferred or transferred in a format that it did not recognise, which has meant that some members have even had to pay for new certificates so that they can evidence a qualification, sometimes from decades ago. We have a lot of concerns about the practical issues. 

Members need to be able to ask questions about what will happen to them when they transfer. They need to ask questions about what role they will have. What will it feel like? What will it look like? Will they be working in the same way with clients? Will they be doing different tasks? At the moment, it is very difficult for them to get reliable answers to those questions, and they end up relying on things they hear from other people that may have more or less basis in truth. There are a great many challenges in the move to a brand-new way of working right across the probation system. 

Q99 Miss Dines: This is a question to Ben in relation to the Unison report.

You reported that there was very much the existence of an us and them culture between CRC and NPS staff. How do you think that can be addressed? Is it really a significant problem? As you are all professionals, won’t you be able to work together for the national good? 

Ben Priestley: That would be everyone’s wish. I am sure that there are no members of the probation workforce who do not share that aim and objective. The difficulty is that Transforming Rehabilitation took a single, unified service that was working well, was a local service and had good local links, and broke it apart. Obviously, putting back together something that has been broken is a lot more difficult than would have been the case had it not been broken in the first place, and a lot more costly, to come back to the cost issue. 

One of the key issues that we identified in the recent survey that we did in support of our submission to the Committee’s inquiry this time, to find out exactly how members were feeling four or five years after the split in 2014-15, was that it is very clear that there is a two-tier feel about the workforce now. Some of the testimony that we put into our written submission to the inquiry sets that out very vividly. There are many more examples that we can certainly supply to the Committee, if necessary. 

We did not have any sense that it was going to be an easy or quick fix. Staff in the CRCs feel that they have had a sort of second-class status foisted on them, through no fault of their own, clearly. They are doing the same professional work as our members in the National Probation Service. However, the decision under the previous Government to separate the service into a service dealing with high-risk cases, the NPS, and a service dealing with medium and low-risk cases and interventions, the CRCs, created the sense that the CRCs were somehow less important and less valuable. Their staff were deemed to be less qualified, less trained and so on. Of course, as trade unions, we know that that is not true. Our members in both parts of the service are doing an equally difficult job, in very demanding circumstances, but the testimony is clear to see. 

What do we need to do about that? There is an understanding among HMPPS senior managers that there is a problem. The first step that you have to take to resolve an issue is to accept that there is a problem that needs to be dealt with. I think there is willingness on the part of senior managers and leaders to do that, but it will not be an easy task. We had testimony from staff who came over from the Wales CRC into NPS Wales on 1 December last year, who said very clearly that, since they came into the NPS in Wales, they feel that they have not been treated with the professional accord and respect that they would expect. There is clearly a problem. 

To deal with that, there needs to be a clear culture reset from the top of the organisation. We hope that that will be done. Staff need to be brought together. It relies on the recreation of a distinctive, definitive probation culture, resting on the values of the profession, which have got lost in the five years of the Transforming Rehabilitation experiment. It is the culture of a unified workforce, with professional colleagues working together as a team in one particular direction.

If we can get that culture re-established, through that kind of investment, we have a fighting chance, but it will rest on the terms and conditions being reunified. That is what the staff transfer and protections agreement that Ian mentioned at the outset will do. Our members have now voted for a package that will put all staff coming into the NPS from the CRCs on to National Probation Service terms and conditions from day one. That is obviously an important first step. Of course, it needs to be funded properly. 

It is also very important from the probation culture aspect that probation is not subsumed and swallowed into a general HMPPS culture. We as unions are always having to take a stand against attempts to dissolve some of our practices and procedures into HMPPS practices and procedures. As long as we can hold those off and maintain the distinctive probation culture, we have a real chance of getting everyone working together to reset the culture, to welcome colleagues from the community rehabilitation companies and, in effect, to create a new organisation going forward. 

Q100 Miss Dines: Can you expand on that briefly? What do you think is the culture of probation officers? You are all professionals. You can work together, I hope. What is the culture you are looking back at and want to recreate? Why not create a new culture? 

Ben Priestley: Everyone is open to the potential to create a new culture. This will be a totally new organisation. It will be a much larger organisation, not quite doubling, but nearly so. 

You are absolutely right. All probation staff, whatever their role, are working in a professional field, to a set of clearly established probation values. Our expectation is that, with the right message from the top of the organisation and the right funding to ensure that the service has the wherewithal to do what it needs to do, we can put the cultural differences aside and recreate the single workforce. That cultural change is something the organisation needs to invest in. Our understanding is that senior managers are alive to those issues and will want to work with the unions and staff to put that right. 

Q101 Miss Dines: What are your views on the probation workforce strategy? Do you think that it addresses staffing issues with the probation service adequately? 

Ian Lawrence: As I said earlier, we are working extremely positively with senior leaders. In the run-up to reunification, we worked with them on the staff transfer agreement you have heard about. We are now working on the crucial workforce strategy, which we are absolutely committed to. Within that, we hope to encompass all the key issues we have talked about thus far this afternoon. From the very positive engagement that we have had and the messages from people such as the director general of probation and Sonia Flynn, we are sure that we can move forward. 

A word of caution, though; I have been around for quite some time, and I must have seen any number of workforce strategies launched by employers. Eventually, they go into the dust or get diluted down the track. You have heard enough from us already to understand how committed we are to seeing this new organisation prosper. We will do all we can, alongside our members and leaders everywhere, to imbue a new, refreshing culture and to see whether we can put some of the main focal points of the workforce strategy into operation. 

It is a promising blueprint. There are a lot of promises, but, as people have said, staff need clear commitments and clear directives from the centre about what will be delivered for them, what their role will be going forward and what type of support we will get. In answering the question, we need to look across at the blame culture that, sadly, still exists in areas of probation. Katie wants to add something on that. 

Katie Lomas: Over recent years, we have seen a blame culture developing, particularly around the process of learning lessons from serious further offences when they happen. We must move away from a process by which blame is assigned and back to a genuine learning opportunity, to understand what happened and why it happened, and to find anything that we can do to focus on change in the future. 

That is not to say that we do not think that anybody should ever be called up on anything that they have done that is wrong, but when it is approached as a genuine learning opportunity—learning for individuals, as well as on an organisational level—we all get a better outcome. What is happening at the moment in too many cases is that there is a move first to a disciplinary investigation and we ask questions later. We would far rather move back to its being an opportunity for learning. 

That moves us into thinking about and considering some of the things that we have mentioned around developing professional competency across the probation system. We have been working with HMPPS on this for some time. We have recently been consulted on moving away from the SPDR appraisal process to a much more supportive performance management system, but none of that is integrated with the current system of probation supervision. 

All probation staff, particularly those who work on the frontline, need supervision that is not just about meeting the targets and fulfilling the requirements of their job description, but about the shared responsibility for risk with those who manage them. It is also about developing best practice and getting support when staff are working on the frontline in very trying circumstances, with clients who often display difficult behaviour and struggle to engage with professionals. Staff need more support in managing those working relationships. The fact that the performance management framework does not acknowledge that supervision requirement and reduces supervision or one-to-ones simply to talking about whether someone has achieved the requirements on them if they want to move on in their career is really disappointing. 

A recent HMIP report told us that SPOs—senior probation officers—were managing between 11 and 20 people at any one time and were able to spend only 20% of their time focusing on their case load. That shows you where support for those frontline staff is lacking in the system. Even if an SPO is only managing 11 people, that is 11 people they need to make time for every day, every week and every month of the year, to make sure that they are fulfilling all of those functions for them. 

We have an urgent need to review the role of the senior probation officer/team manager in the support, supervision and management of frontline staff. We have been seeking to engage with HMPPS on that for some time. The problem is exacerbated in environments like OMiC, in prisons; managers working in prisons often have even bigger teams to manage. Those are teams of people from a probation and a prison background, so there is much more complexity, because they have different terms and conditions and are subject to different policies and procedures. The SPOs seem to be the forgotten few in the system at the moment. They desperately need a focus in order for the transition to work. 

Q102 Chair: Are there any other observations? 

Ben Priestley: Can I add a couple of things to what Ian and Katie have said? The probation workforce programme has a number of headings in it, one of which is around attracting and retaining a talented workforce. Of course, we are all in agreement with that. That will require a decent pay and conditions package. You would expect us as trade unions to say that, of course, but it is worth remembering at this point that in the last 10 years the monetary value of the pay points in probation pay scales has gone up by only 1%. That compares with 12% for police staff, 9% for health workers and 9% for local government workers. 

Yes, we have had a number of pay awards where staff have progressed up their pay band. That is what generally happens to most public sector workers, so police officers and staff, health workers and local government workers will also have been progressing up their own pay bands, but they will have had an actual pay rise, in terms of the value of their pay points. The fact that probation staff have had a 1% pay rise over the last 10 years tells us just how far probation staff have fallen behind professionals in analogous contexts, such as social work, police work and work in the health service. That really will need to be put right. 

Recently, the unions wrote to the Minister, Lucy Frazer, to ask for reassurances that the bid that is going in for the CSR will ensure that future pay reform is fully funded in the probation service. There are other pay reforms that we need to see through in probation. We probably do not have time to go into those today, but we are in discussions with the probation employers about them at the moment. 

Another section heading in the probation workforce programme is around wellbeing. We touched on some of the issues that are relevant to that in previous remarks by myself and Napo colleagues. A workload management tool that covers the entire workforce has already been identified by HMIP as a real need for the organisation. Until that is provided, there is a real danger that talented, qualified, ambitious individuals will come into the service and find, as Katie said, that the spans of control of managerial staff are just too high at the moment. You will get burnout and people not being prepared to stay in the organisation. 

We need inclusive and supportive managers. Ian and Katie mentioned the blame culture. The organisation needs to find out what the lived experience of its staff is. At the moment, we are working with the organisation on a survey of black, Asian and minority ethnic staff in the service. Find out what your staff actually feel and think about their work. Listen to them. It is a simple lesson for employers to learn: listen to your workforce. The trade unions are here to enable the workforce to have a voice and to channel their views to the employer, so support for trade unions will be an integral part of the workforce programme going forward. Support unions to be the voice of the workforce. If you listen to staff, hear what they have to say and consult them before you make changes, you are well on the way to a successful workforce programme. 

Q103 Andy Slaughter: Good afternoon, everyone. Talking about new probation officers coming on stream, HMPPS said that there will be 1,000 new officers in training by January. Do you think that is realistic? Do you know whether it includes the 600 existing vacancies or whether it is additional to that? Do you think it will address the excess case load problems? What are your answers to any or all of those points? 

Katie Lomas: This is a really important question. It is easy to say, “There are 600 and something vacancies. We are bringing in 1,000 staff, so great—job done.” But it is never that simple, is it? There were around 600 vacancies on one particular day. However, the vacancy rate goes up and down, as more people are recruited and more people leave. Since 2014, in particular, we have seen a greater number of people exiting before their ordinary retirement age than we saw previously, so we are losing more experienced staff than we are gaining. 

Having 1,000 new probation officers sounds amazing, but they are not sitting in a cupboard somewhere just waiting to be brought out and into service. They have to be recruited, trained and developed. Probation training takes anywhere between 15 months and two years, depending on your prior qualifications. Once you have qualified, there is a need for you to be developed and supported in your role.

We have real concerns that the 1,000 new recruits who are coming in will face a difficult time as they try to establish themselves, both throughout their training and after their training, as they take on their first qualified role. 
The reason we have those concerns is that there is a lack of experienced staff to support them, and the experienced staff have massive case loads. It is not uncommon to see people working at 140% of their capacity. That eats up any capacity that they have to help, support, mentor and guide new staff in their role and to help people’s learning and development. 

In addition, it is important to note that the only place the practice training assessors who support people through their probation, training and qualification can come from is the pool of qualified probation officers. When you bring in 1,000 new recruits, you have to have more PTAs to support them. Those PTAs further diminish the number of qualified probation officers who are able to manage the workload. It is a further drain on the manager resource. Again, senior probation officers can only come from the pool of qualified probation officers. 

There is a need to stretch an already very thinly stretched resource even further in order to mend the situation, which is really difficult. That is why we have such a focus on the SPO role in particular. We recently restarted a consultation with HMPPS on the PTA role itself, looking at ways we can make sure both that new recruits are supported and helped during their qualification period and that that does not unduly stretch the already stretched resources working with clients at the moment. 

We continue to see the longer-term knock-on effect of what happened in 2014. When the transfer-in happens in June next year, there will need to be a further reckoning on vacancy rates, because we are aware that many of the CRCs are carrying high numbers of vacancies. They will be transferring a group of staff, but also a group of vacancies, which will add to the problem. It is a very complex situation. We have serious concerns that mending the problem will exacerbate it at first. 

Q104 Andy Slaughter: That is a common experience—with the police and the Prison Service as well—where there has been a massive loss of jobs over a period of years. Those are the most experienced people, on the whole, so at the moment you have novices coming in and then taking resources. Do you think that the employers appreciate that? Can they do anything about it, or are we going to see things get worse before they get better? 

Katie Lomas: On the whole, the employers appreciate it, but there is very little they can do about it. It is something that we will feel as pain before it starts to get better. 

There are some things that can be done. We can create additional resource among the staff group that exists. If you have the funding to do it, you can offer people currently working part time the opportunity to increase their hours. If you have a pool of probation officers who have that capacity, they can do that. 

In many areas, agency staff have been used as mentors. It is very inefficient to use agency staff to carry case loads, because turnover of worker is really damaging to our clients, but you can bring them in and use them for a year to two years to mentor a group of new recruits. That is far more effective than using agency staff to hold case loads or to backfill for people doing other work. There are some things that can be done, but you are absolutely right. We are going to feel this as pain and difficulty in the system before we see any of the beneficial effects of the 1,000 new recruits. 

Chair: That is very helpful. We have talked generally about the challenges that your members have been facing with Covid-19. That has been an additional burden for everybody at this time. Before we conclude, we want as a Committee to put on record our appreciation of the work that all probation staff—members of both your unions—have been doing under particularly stressful and challenging circumstances. We are grateful to them. I hope you will pass on to your members our thanks for what they are doing. 

Thank you very much for your helpful evidence and your time this afternoon. The evidence session is concluded.

Wednesday, 14 October 2020

Makings of Omnishambles Mark 2

Yesterday I watched the oral evidence session of the Justice Select Committee as part of their inquiry into the future of the Probation Service. I found it riveting, not least because it was in effect a precis of five years worth of evidence on this blog and confirmation that we are indeed in the midst of another slow motion car crash - an Omnishambles Mark 2. 

We'll have to wait a few days for publication of the transcript, unless you take time to watch the recording, but meanwhile here we have the written submission from UNISON:- 

Written evidence from UNISON 

Introduction 

1. UNISON is the UK’s largest trade union, with 1.4 million members working across public services. We have 3,000 members in the Probation Service in England and Wales; half work for the National Probation Service (NPS) and half for a Community Rehabilitation Company (CRC). We are submitting this evidence as part of our role to represent the interests of our Probation members, to improve their conditions at work and thereby to enhance the services which they provide. 

2. UNISON is one of three unions recognised by the NPS and the CRCs. 

3. Our members work across all probation roles. 

4. In order to respond to key questions asked by the Justice Select Committee in its Inquiry into the future of the probation service, UNISON surveyed our probation members. 122 NPS members and 109 CRC members responded to the survey giving us an even split in responses across both employers. 

5. We set out their combined responses below, separating out the NPS and CRC members’ responses when it is instructive to do so. The responses do not cover all the questions asked by the Committee, as we have concentrated on those most relevant to our members. 

Executive Summary 

6. A big majority of UNISON members in the NPS and CRCs support the reunification of probation, but a minority will miss some of the flexibility they were given by their private sector CRC employers. 

7. Nearly half of UNISON members believe that the unified model will address the issue of confidence in community sentences, but 40% don’t know whether this will be the case or not. 

8. Just over half of UNISON members believe that the unified model will strengthen integration between prisons and probation, but 38% don’t know whether this will be the case or not. 

9. Nearly 40% of UNISON members oppose the proposals to re-let contracts to private/voluntary sector Dynamic Framework Providers, but 42% don’t know what their position is on this issue. 

10. The ‘them and us’ divide which Transforming Rehabilitation created by splitting the probation workforce and then part privatizing it, remains a persistent and deep-seated feature in the probation landscape which threatens the success of the unified model. 

11. 37% of members believe that there is time to re-unify the service by June 2021, but 25% don’t share this view and 38% say that they don’t know whether this ambition is realistic or not. 

12. 88% of members say that better pay and conditions will be needed to attract and retain sufficient staff of the right calibre to solve the on-going staff and workloads crisis in probation, which was caused by Transforming Rehabilitation. 

13. Home working has proved very popular for those probation staff able to work from home during the covid19 pandemic. It has improved productivity and well-being for many and reduced sickness absence rates. 

UNISON Responses to Justice Committee Questions

Q1: What are you views on the decision to end the competition for Probation Delivery Partners, and bring those services back into NPS delivery? 

14. 86% of members support the decision to move to the unified model. A slightly higher proportion of NPS members responded positively (91%) than CRC members (81%). 

15. The reasons given for supporting the reunification of the service can be summarized as follows: putting right the mistake of privatisation, an end to inappropriate commercial priorities, the chance for better communication, co-ordination and public accountability in probation work, a better experience for service users, the opportunity to regain the professionalism and reputation of the service, and a more cost effective organisation going forward. 

16. A small minority of CRC respondents expressed concerns that the innovative practices and flexibilities of some CRCs might be lost in the transfer of work to the NPS. 

Q4: Does the new model address the issue of confidence in community sentence options? 

17. Members responded to this question as follows: 
  • 48% said yes 
  • 11% said no 
  • 41% don’t know 
18. There was very little difference in these response rates between NPS and CRC respondents. What is striking in the responses is the large minority of NPS and CRC members (41%) who responded with ‘don’t know’. The high level of ‘don’t knows’ raises a question mark over the effectiveness of the work to date on communicating the unified model to staff. 

19. In the verbatim comments supporting members’ answers to this question, the following key themes emerge: the need for government to promote the probation service more positively to the public and to the media, the problem of the general public’s lack of confidence in the justice system and the need for staffing shortages and unmanageable workloads to be addressed first. 

20. Here is a small selection of these comments: 

‘Confidence comes from the media portrayal of probation and experiences of the public. The public are not interested in corporate organisational models, but in outcomes. There needs to be an increase in publicity of success stories.’ 

‘The general public have no idea what we do. We need more publicity, more programmes featuring our work like the recent programme on Channel 4.’ 

‘The problem with the judiciary is that …the judiciary has lost confidence in community sentence options. This will be hard to reverse, I fear.’ 

Q5: The new model aims to strengthen integration between prisons and probation by integrating through-the-gate roles, processes and products with sentence management. What is your view on this? Do you anticipate any gaps/challenges? 

21. Asked whether the new unified model will strengthen integration between prisons and probation members responded as follows: 
  • 54% answered yes 
  • 8% answered no 
  • 38% said that they did not know 
22. A very significant minority of respondents do not know whether the unified model will strengthen integration between probation and prisons, or not. The themes which emerge in the verbatim remarks which support members’ answers to this question include: concerns that prison/probation communication has never been effective in the past, the view that only linked IT systems will improve collaboration and the need for simpler processes for through the gate. 

23. Here are some of the verbatim comments sent in support of the responses to this question, showing the range of opinions: 

‘Whilst it may link Probation and Prisons the actual end product - debt finance, benefits and accommodation …will be just ripened up for the private sector to profit from under the Dynamic Framework, which will inevitably mean fewer staff doing more work, and that is not a good long-term approach.’ 

‘Only linked IT systems can improve the Through the Gate service. Whilst this doesn't exist, information cannot be shared quickly enough to support the service user in the critical hours and days following release.’ 

‘Through the Gate is a great idea, but it doesn't take into account the lack of available housing in deprived areas.’ ‘One service - WORKING TOGETHER - will increase communication and produce better risk management plans.’ 

‘I think in our CRC we have really strengthened the Through the Gate process and don't really see how this will be improved by the unified model.’ 

Q9: What is the anticipated effect of procuring resettlement and rehabilitative services using a dynamic framework? 
  • Do you foresee any problems with this model? 
24. To respond to this question, we asked our members whether they agree with the proposal to continue the outsourcing of resettlement and rehabilitative services using the Dynamic Framework? 

25. Members responded as follows: 
  • 19% answered yes 
  • 39% answered no 
  • 42% said that they did not know. 
26. Whilst twice as many members oppose continued outsourcing than support it, a large minority do not feel that they have the facts to answer this question. The themes which emerge in the verbatim comments in support of responses to this question include: a lack of understanding of what exactly the Dynamic Framework Provider proposals are, opposition to further outsourcing, difficulties in communicating with, and holding to account, external providers, the danger of potential employers of service users losing faith with profit making organisations, the benefit of external organisations with specialist knowledge, the fact that outsourcing has not worked over the last 5 years and concern that risk management by third parties will not be successful. 

27. Verbatim comments made in support of the answers given to this question, include: 

‘What are Dynamic Framework Providers?’

‘Outsourcing, using the Dynamic Framework will see our normal providers entering in to deals with the usual suspects from the private sector who will need to generate a premium for their shareholders. The deficit will be seen in service provision and staff welfare in what used to be effective partnerships.’ 

‘There is a need to ensure that the Dynamic Framework Providers have the necessary availability to fulfil the needs of the new Probation Services. Delays in services have a massive impact on sentence delivery.’ 

‘I believe that all services need to come back under one organisation, this will assist in improving the services on offer, unify practice and increase public confidence.’ ‘We have some fantastic local services which need to be given the opportunity to bid for work and become part of our sentencing options and support services.’ 

‘Dynamic Framework Providers will be CRC's that have lost their contracts. If they have a reputation and track record for failing to deliver, why support repeated failure?’ 

‘I have insufficient information to evaluate this. I have little confidence that the detail has been worked through - managing risk by third parties, sharing information etc.’ 

Q11: CRCs and NPS staff are being brought back together under the new model. How is this transition being managed? 

28. To answer this question, we asked our members to highlight what issues were raised for them by CRC and NPS staff being brought together under the new unified model. 

29. The verbatim responses which our members made to this question divided very clearly along NPS and CRC lines. 

30. CRC members expressed concerns over their perceived second-class status in the eyes of some NPS colleagues, their demonisation as private sector employees, their inferior pay and conditions since privatisation, concerns over future job roles, worries over future favoritism for NPS colleagues, fears over the lack of formal qualifications, concerns over the lack of a job match in the NPS and the potential for redeployment and relocation. 

31. CRC members’ comments highlight the ‘them and us’ culture which has grown up between the CRCs and NPS as a direct result of the split and part privatisation of Probation in 2014/15: 

‘Since the split, both myself and my employer have been demonised and criticised. I have been lambasted and ridiculed for working for the Private sector providers and the worst of it is, most of that was from my NPS "colleagues". I do not relish working with the people who left me behind and treated me like their poor cousin.’ 

‘Rebuilding relationships with NPS staff, especially with some presenting themselves as being more superior. I want to be accepted by them for the work that I have been doing and I want to continue with this.’ 

‘The attitudes of the NPS towards the CRCs over the years has been abhorrent and will be very difficult to fix.’ 

‘It has become an 'us' and 'them' situation, there appears to be less respect for the work of CRCs however CRC workload is a lot bigger and complex. I think both sides will initially struggle to adjust however with time, it will be better for all.’ 

‘I'm in a corporate support role which does not align to the NPS divisional structure. As of yet, no one has had a conversation with me as to what my future is in the NPS, if any.’ 

32. For their part, NPS members express concerns over the perceived difference in professional training and experience of CRC staff, poor working relationships between NPS and CRC colleagues, the problem of pay differentials and the cost of putting them right and worries about how the training needs of CRC staff will be met: 

‘My workload will increase due to the lack of training and knowledge base of CRC staff, their lack of experience of working with Very High and High Risk of Harm offenders, lack of experience in training and the ability to deliver high quality professional reports.’ 

‘The CRC probation staff will require training to bring their skills up to the required level to manage high risk service users. They will not be on the same level as NPS staff and may require more time to complete tasks’. 

‘As a CRC member of staff who was brought back across to the NPS in Wales I have witnessed negativity towards on-boarding staff. This negativity was due to people feeling that CRC staff were not capable of working with high risk cases.’ 

‘It will be good to welcome back colleagues who were cast off into the CRC.’ 

‘My concern is our local CRC has hired offenders to work within the CRC as PSOs etc. My worry is they are not skilled enough to work with our offenders and their convictions aren't spent.’

‘We worked very well together before and we were all singing from the same hymn sheet as opposed to two different ways of working. In essence I think we can learn from each other since the split.’ 

Q14: The Ministry of Justice made the decision to end the competition for Probation Delivery Partners and bring these services into the NPS. These services are to go live in June 2021; is there sufficient time to transition probation over to the new model? 
  • 37% of members said yes. CRC members were slightly more optimistic at 42%. 
  • 25% of members said no. This was the same figure for both NPS and CRC respondents. 
  • 38% of members said that they did not know. NPS members were more likely to record ‘don’t know’ with 44% of NPS respondents giving this response. 
33. As with the responses to questions 4, 5 & 9, there was a large minority of members who were not able to answer this question one way or another. The predominant themes in the verbatim comments submitted to support answers to this question can be summarised as follows: the Covid-19 pandemic has seriously disrupted the work of both NPS and CRCs and will impact negatively on the merger process and timetable, concern that the merger will take resources away from dealing with work backlogs caused by Covid-19, worries that there will be insufficient resources to fund the merger, concerns over the complexity of combining working methods and IT, the experience of the split and privatisation of probation in 2014/15 telling staff that there will not be a return to a steady state for some time after June 2021, the challenge of migrating CRC staff into the NPS operating model/job functions, concerns over the lack of time for staff consultation and engagement and worries over the suitability of joint accommodation. 

34. Here are some relevant verbatim responses on these subjects: 

‘It is now August 2020, so less than 1 year [to unification] and there has been little information about the merger and some of the logistics around where staff will be assigned from CRC, buildings, re-training etc.’ 

‘It took 6 years to destroy an efficient public service. I think It will take much longer to reinvent it and double the financial investment.’ 

‘I do not feel that we have been involved in discussions about how the reunification will look, or what this will means for anybody working for, or with, the NPS or CRCs. I feel that the current focus remains on COVID-19 and recovery, further limiting resources for this issue.’

Q15: Does the new model address workload issues, e.g. high caseloads, recruitment/retention? 

35. UNISON asked members to say what they would like to see put in place in the unified model to address workload issues. Members responded as follows: 
  • 88% said that there should be better pay and conditions to attract and retain employees 
  • 77% wanted to have supportive managers 
  • 73% asked for better staff wellbeing provisions 
  • 70% wanted an improved workload management tool 
  • 67% support a major recruitment drive to fill vacant posts 
36. We invited members to add any additional measures which they would like to see to support staff. Some of the answers included: a commitment to diversity at all levels of the organisation, better training and career progression, reduced workloads and better training for managers. 

Q18: What lessons have been learnt from this period of Exceptional Delivery, that should be taken forward into the new model of probation delivery? 

37. The overwhelming theme of the responses from our members to this question, whether NPS or CRC employees, is that working from home during the covid19 exceptional delivery models has been effective and productive. 

38. Here is a small selection of the positive comments received regarding home working: 

‘Not everyone needs to be in the office all day every day. The Covid-19 lockdown has proven that we can function effectively with home working and only a small amount of staff in the office. This is significant, as there will be a huge increase in staff from the CRC's and in some areas, not the space to accommodate them if the CRC buildings close.’ 

‘More home working. A recognition that BAME staff may need to be treated differently to be treated fairly. This includes recruitment to management level. The organisation needs to be more transparent, how many BAME staff go for senior roles and fail. Why? Perhaps the process needs to be looked at.’ ‘Staff sickness has reduced significantly as working from home, even a couple of days a week, can make very real differences to the resilience of staff.’ 

‘My mental and physical health have also been positively affected by being able to work from home. I am available to my family when needed (I have caring and parental responsibilities) and the eliminated commute has greatly alleviated back ache issues meaning I have been able to take less pain killers. I have been able to complete task and project work much more efficiently having the ability to work later/longer to complete work all in one go, rather than over a week.’ 

39. Not all staff were of the same view, as one member responded: 

‘Home working has violated my home. Isolation and the accumulation of other peoples’ problems, vulnerability and distress are not good. My house does not belong to my employer!’ 

Conclusion 

40. The responses to UNISON’s member survey of NPS and CRC members in support of the Committee’s Inquiry into the Future of the Probation Service show that while the vast majority of members support the unified model (as does UNISON) the following issues will need to be addressed by HMPPS to make the model a success: 
  • Better communication and consultation with the workforce over the aims and objectives of the unified model to address the information deficit among many staff 
  • A majority of UNISON members who expressed a preference oppose the outsourcing of work via the Dynamic Framework. If it goes ahead, it will need far more effective contract design and management of providers than was ever the case with the CRCs. The HMPPS track record in this respect is poor. 
  • A major initiative to address the ‘them and us’ culture which has grown up between NPS and CRC staff, to create a unified and mutually supportive workforce going forward 
  • Major and on-going investment in staff pay and conditions to recruit and retain the skilled and experienced workforce which will be needed to make the unified service a success. 
  • A more flexible and agile approach to home working which will benefit both productivity and staff well-being.
September 2020