Tuesday, 6 February 2018

How Do You Solve a Problem Like Probation

Many will have noticed that the TR omnishambles featured on the front page of the Observer last weekend. It's not working, chaos and discontent reigns pretty much everywhere, but the government still refuses to admit there's a problem:-  

Private probation firms fail to cut rates of reoffending


Only two of 21 regional companies have reduced reoffending among low to medium-risk offenders. The vast majority of companies set up to tackle reoffending as part of a controversial drive to privatise the probation service have failed to meet their targets, in a substantial embarrassment for the government.Dramatic official figures have revealed that only two of the 21 regional companies set up to oversee low and medium-risk offenders have managed to reduce the number of new offences committed by reoffenders.

The revelation comes amid claims that the probation system is in crisis. Senior figures in the service warn that the companies involved lack the resources to do the job, while staff shortages have already meant that some ex-offenders are supervised by telephone calls. The failure emerges just weeks after the public spending watchdog, the National Audit Office, warned that the new “payment by results” system meant that a failure to hit reoffending targets could blow a further hole in the service’s finances. The companies involved have already required an extra £340m.

It is another sign of the difficulties facing public services after years of public spending cuts. Theresa May is already under pressure over NHS funding, with a crisis also hitting the nation’s prisons system. The supervision of offenders not deemed high-risk was handed to 21 community rehabilitation companies (CRCs) in 2014, as part of a privatisation drive by the former justice secretary Chris Grayling. Companies were to be partly paid in relation to their success in reducing reoffending.

However, official figures from the first year of the new system’s operation reveal that, among the prisoners who went on to reoffend, the average number of crimes committed in 2015-16 went up in all but two areas compared with 2011. It means that only the companies operating in Merseyside and Northumbria met their targets and are in line to receive a full payout from the Ministry of Justice. The remaining 19 could have a portion of their income cut as a result of the “payment by results” system.

These results follow a devastating official report at the end of last year in which Dame Glenys Stacey, the chief inspector of probation, said there was “no clear evidence that payment by results linked to reoffending rates [had] made any difference to the life chances of these or others under probation supervision.

“In those cases we inspected, only a handful of individuals had received any real help with housing, jobs or an addiction, let alone managing debt or getting back into education or training,” she said. “What is more, about one in 10 people were released without a roof over their heads.

“CRCs are too often doing little more than signposting and form-filling. Apart from Wales and Durham CRCs, we find that CRCs we have inspected are making little material difference to the prospects of individuals upon release, and yet this work is so important in breaking the cycle of offending.”

Andrew Neilson, director of campaigns at the Howard League for Penal Reform, said the data revealed significant flaws in the privatised service. “The rhetoric at the time of the privatisation was all about payment by results and improving the fight against reoffending,” he said. “But that was really just a smokescreen for something that was about cutting costs and taking money out of the system.

“When you put these figures alongside Glenys Stacey’s report, it is impossible to avoid the conclusion that this was about taking money out. When you boil it down, this is a service where companies are failing and being paid to fail because of a botched privatisation.”

The Ministry of Justice said that there were now fewer offenders overall and that those who remained in the criminal justice system were more prolific offenders – which explained why the numbers of new offences per reoffender were increasing.

“Our probation reforms mean we are monitoring 40,000 offenders who would previously have been released with no supervision,” a spokesperson said. “Overall, community rehabilitation companies have reduced the number of people reoffending, but they need to do more to ensure we have a service that keeps the public safe and helps offenders turn their back on crime. Probation officers are doing an incredibly professional job, and we will continue to work closely with CRCs to improve performance.”

The department also said that those companies that had failed to meet targets would face deductions in their fees.

--oo00oo--

Whilst nothing much appears to be happening to address matters in England, something is going on in Wales:-

Conversation Starters

That the TR “reforms” to Probation are an unmitigated omnishambles is now beyond debate. It is however, important that this point continues to be made, and evidenced, not least as there is a risk that politicians and policy-makers will take one look and consign the whole thing to the “too difficult” box if they are allowed to. It is notable that successive ministers, senior and junior, have in conversation dropped the “and probation” bit of their job title in HMPPS. If we don’t make the case, we will be ignored.

Richard Burgon MP, our Shadow Justice Minister, has grasped the “and probation” suffix, and has announced, at the last NAPO AGM and elsewhere, that a Labour government would take the CRC’s “back into” the public sector. So far so good; but the CRC’s cannot “go back” anywhere, as the local Trusts from whence they were purchased, have gone: The NPS is, according to the Chief Inspector, doing better, but the NPS within the Civil Service is strangled by bureaucracy, failing IT, short of staff, and one suspects, increasingly expensive for what it achieves.

The Chief Inspector has also observed that while the NPS is doing better, in risk assessment and management, the work of rehabilitation is not given sufficient attention. A probation department without rehabilitation as its beating heart, is not “Probation”. Nor is it performing its function of enabling desistence for the time after its control and enforce role recedes from each individual case.

The CRC contracts will be up for review/renewal in three years’ time. By then the cracks will be showing in the NPS. It is without doubt a matter of urgency that a conversation is had about “What next?”

The professional, effective, humane Probation Service which we can describe and to which we can aspire is a great thing. Getting there is a whole other matter, and as the saying goes “I wouldn’t start from here”. Regardless of the sorry state of affairs that Probation is in, we are on a journey, and we should look to taking a role in navigating this, if the flickering but not yet extinguished flame of Probation is not to be snuffed.

The perils of ill considered, untested and hasty reforms don’t need rehearsing here. Those of us who lobbied and campaigned through the whole TR debacle will be more than aware that this required a lot of explanation and education of those in a position to make or affect policy decisions. The “What next” conversations must start now.

To that end, NAPO is hosting an event in the Welsh Assembly on 7th February. In September 2017 the First Minster of Wales Carwyn Jones announced a Commission on Justice in Wales, and in November announced its membership and terms of reference: of which the first is “promoting better outcomes in terms of access to justice, reducing crime and promoting rehabilitation.”

NAPO Cymru has invited Assembly members and other “interested and interesting” guests, to a panel discussion under the catchy title “How do you solve a problem like Probation”. The event will open with a few words from Commission Member Juliet Lyon CBE, and there will be speeches from Dean Rogers, NAPO Assistant General Secretary; Anne Fox, CEO of “Clinks”; Dr Jill Annison, Associate Professor, Criminology and Criminal Justice Team, University of Plymouth School of Law, Criminology & Government; Darren McGarvey, author of the acclaimed “Poverty Safari”, broadcaster and performer; and Bernie Bowen Thomson, CEO of Safer Wales. There will be time for lively discussion with the invited audience, which includes Probation staff, Police and Crime Commissioners, Welsh Government Policy staff, Local Authority leads, and academics. This is aimed to be the start of a conversation about the future of Probation in Wales. Or a conversation in Wales about the future of Probation. Take your pick.

Su McConnel 

Communications Officer
NAPO Cymru


--oo00oo--

Napo press release :-

NAPO TO START A NATIONAL CONVERSATION ABOUT THE FUTURE OF PROBATION AT THE WELSH ASSEMBLY ON FEBRUARY 7th 2018

The leading union in the Probation service Napo, are launching a national conversation on the future structure of probation delivery and accountability at a panel discussion to be held at the Welsh Assembly on Wednesday 7th February.

Napo claim that Chris Grayling’s “Transforming Rehabilitation” (TR) revolution has been an unmitigated disaster – the subject of hugely critical reports by the NAO and HMI Probation at the end of 2017 and now the subject of parallel investigations by the Public Accounts Committee and the Justice Select Committee.

On-going risks identified by staff include:

  • Huge shortages of staff across privatised Community Rehabilitation Companies (CRCs), largely due to job cuts due to loss making contracts;
  • A staff morale crisis in the National Probation Service (NPS), run by the MoJ, arising from staff shortages, low staff morale, high workloads and payroll problems due to systemic failures in managing different pay and pension systems after the staff transfer;
  • Knowledge gaps between staff working for the different organisations about offenders when cases are transferred between the two separate organisations;
  • Fears about contract stability, especially following the recent collapse of Carillion.
Dean Rogers, Napo’s Assistant General Secretary who will be one of the panel members on 7th February said: “The current probation model is unsustainable so we need to start building a consensus for change now. That means promoting the debate and listening, as well as putting forward our own initial ideas, drawing from the lessons of Grayling’s failed experiment.”

At the Welsh Assembly Panel event, sponsored by Jayne Bryant AM, Mr Rogers will be joined by author Darren McGarvey; Dr Jill Annison from the University of Plymouth; Safer wales CEO, Bernie Bowen-Thomas and Clinks CEO, Anne Fox. The event takes place at the Media Briefing Room between 12 and 1.30pm.

Napo are campaigning across Wales and England saying that a new delivery model will need to reunite probation locally; increase local accountability and co-operation between local stakeholders; and remove the profit motive which skews commissioning and stifles local innovation.

Dean Rogers added: “Privatisation hasn’t worked in large part because there was never a market and no profit to be made to start with. Local CRC’s commissioning local providers isn’t working because CRC’s are making a loss and need to keep everything for themselves. But the nationalised bit doesn’t work either, because this is a local service that needs to be locally accountable and respond to local needs. Napo’s role is not to have all the answers but we should be generating debate and asking all of the right questions”

Napo General Secretary Ian Lawrence, who provided Oral evidence to the Justice Select Committee inquiry this week said: “This is an exciting initiative and Wales seems like the right place to start the national debate because people know about devolution and are well placed to explore possible options. Urgent consideration needs to be given to the key issues of probation funding and the impact on public safety of a fragmented service.”

Specific briefing note to Editors: With an emerging political consensus that the TR model will not survive past the current contracts which run until 2022, Napo is eager to move the debate from simply identifying what is accepted to not be working and towards what a new model could look like. In this they recognise that part of Chris Grayling’s problem was a failure to properly engage with professionals and stakeholders and build a consensus around reforms that could genuinely work.

--oo00oo--

DEAN ROGERS has been Assistant General Secretary of Napo since 2013. He has been representing and negotiating for employees across the public sector for over 25 years working with different unions and over 60 different employers including government departments and local authorities, numerous private sector contractors, mutual and charities.

In Napo, he’s the strategic lead for Operational Strategy, covering legal support and representation, collective bargaining, alongside developing Napo’s internal structures and capacity to meet member needs and expectations in their ever more complex working environments.

Dean is an Associate of the CIPD and is particularly interested in organisational design, culture and change. He writes regularly about challenges in criminal justice and for unions and the labour movement, as well about wider social and political challenges in our post-rational age. See more here.

ANNE FOX is Clinks’ Chief Executive Officer and joined in October 2015. 
Clinks is the national infrastructure charity supporting voluntary organisations working to support people in the criminal justice system and their families across England and Wales. Clinks also manages the National Criminal Justice Arts Alliance and in 2017 merged Women’s Breakout within the organisation. 

Anne’s role is to provide inspirational leadership to the organisation and be an influential advocate on behalf of the voluntary sector working with people in the criminal justice system and their families. 

Previously the Director of The Communication Trust - a consortium of over 50 not-for-profit organisations working to support children and young people’s speech, language and communication in England - she has worked in the voluntary and community sector in the UK and Republic of Ireland in campaigning, policy, public affairs and communications roles for 19 years. With an educational background in social policy and postgraduate training in public relations she has led campaigning, communications and policy in national parenting and one-parent family organisations and managed high profile campaigns at Mencap - the UK’s leading learning disability charity.

DARREN McGARVEY aka LOKI grew up in Pollok, Glasgow. He is a writer, performer, community activist and columnist, and former rapper-in-residence at Police Scotland’s Violence Reduction Unit.

He was part of the Poverty Truth Commission that was hosted in Glasgow in 2009 and has presented eight programmes for BBC Scotland exploring the root causes of anti-social behaviour and social deprivation. His recently published “Poverty Safari” “lays down challenges to both the left and the right, It is hard to think of a more timely, powerful or necessary book” (JK Rowling)

JILL ANNISON is an Associate Professor (Senior Lecturer) within the Criminology and Criminal Justice Team in the University of Plymouth School of Law, Criminology & Government. She is the Senior Personal Tutor and the Academic Liaison Partnerships person (ALP) for the CCJS programme in 2017-2018.

She started her professional career as a probation officer and has a particular interest in the links between policy, practice and research. Published work includes Annison, J., Brayford, J. and Deering, J. (eds) (2015); Women and Criminal Justice: From the Corston Report to Transforming Rehabilitation. Bristol: Policy Press, and Ugwudike, P., Raynor, P. and Annison, J. (eds) (2018) Evidence-Based Skills in Criminal Justice: International Research on Supporting Rehabilitation and Desistance. Bristol: Policy Press.

BERNIE BOWEN-THOMSON is CEO of Safer Wales. 
Bernie has a Masters degree in Criminology and Criminal Justice (MSc) and over 18 years’ experience of working in the community safety and criminal justice field. Passionate about social justice, Bernie has a strong track record of developing and delivering evidence-based services to improve the lives of groups who are stigmatised by, or invisible to, the rest of society.

These groups include victims of domestic or sexual violence, substance users, the street homeless, sex workers, victims of sexual exploitation or trafficking, women involved with the criminal justice system and those who fall into more than one of these categories, who may have mental health needs.

Bernie has been instrumental is developing innovative and multi-agency services to meet the complex needs of a number of marginalised groups, including:

  • The Women’s Turnaround Project
  • Street Life Project 
  • The Safer Wales Service for young girls who are sexually exploited or at risk of sexual exploitation.
These, and other, Safer Wales projects have benefited many thousands of Wales’ most vulnerable people, including young offenders and those at risk of offending, female ex-prisoners, excluded BEM young people, female and male victims of domestic abuse, street sex-workers, victims of homophobic and race hate crime and burglary, homeless people, and children under five.

As CEO of Safer Wales, Bernie is committed to continuing to develop services that lead the way in preventing today’s social problems becoming tomorrow’s crises.

Monday, 5 February 2018

Guest Blog 69

Needless Complications of a Dysfunctional System

I've been uncertain about how much to say here, or even if I should be doing this post at all. Being released on licence is a rather precarious position to be in after all and making too many waves can be a very risky thing. Being of “good behaviour” is a particularly vague phrase that to even the most mentally stable of licencees will have cause for some consistent concern, particularly when they've already had many experiences of professionals making decisions to above all else, cover their own backs.

I'd like to say at this point that I do fear the tone of this post may ruffle some feathers and it is certainly a worry that any waves could bounce back on me in a rather unpleasant way. However after years of blowing in the wind about my experiences in this all to dysfunctional of systems, I feel the only good that may come from my experience is by speaking out, only this time it's on the relatively open forum that is the internet.

Considering the current climate regarding SOTP in particular, added to this the clearly evident lack of independence between police and prosecution services, I feel I should share perspectives on what I found to be an extremely and unnecessarily difficult period of my life, one that left me struggling to find the will to continue living. Now I understand that it may sound a bit rich for an “offender” to complain about feeling harmed, but to adapt a cliche, two wrongs don't make a reformed character.

Towards the end of my participation in SOTP (something I'd initially thought was what I'd needed much of my adult life), I reached a point where I felt the only good that could come of my life is through taking my life, partly because I was so tired of struggling to demonstrate my genuine desire not to be the person I've sometimes been and the feeling that no matter how hard I tried, I would always be represented as even more of a monster than I know I've been, but also in the hope that ending my life might result in some kind of contribution to highlighting the vast inadequacies of a system that seems to knowingly, or otherwise, reinforce an identity and culture of offending. One that seems designed to perpetuate and seeks to justify Victorian attitudes towards “offenders” as being inherently untrustworthy and dare I say it, evil.

Added to this a perfect storm of continued cuts to services all around, we have a situation where the odds are stacked against anyone going into the penal system who might hope to make a positive difference, professionals and "offender's" alike. It's little wonder that so many give in to cynicism and easy judgement, tick-box practices. The desire to cover one's own back is a very powerful part of human nature, particularly in these precarious times of deliberate reduction in resources and highly politically charged events, however it's important to bare in mind that such ill conceived judgements can lead to a vicious cycle of demoralisation all around.

I've rarely been seen as someone who fits any particular mould, an aspect of myself I've been trying to deal with my whole life, but it seems to be that this aspect of me has far too easily led to a lot of misunderstandings, particular with professionals who perhaps lack the expertise or even inclination to realise that things are rarely as black and white as they first appear. And no doubt there's plenty of pressure behind the scenes to build an image of an individual that reflects the judgements of a judicial and policing systems that even themselves have been stretched to breaking point over the years.

The culmination of all this is what I can only describe as a cycle of character assassination. On occasions where I found professionals in the system who seemed to actually believe in me, it hasn't taken much for things to go on behind the scenes that destroys that trust and respect. My anxious reaction to being judged this way certainly doesn't help. It's not hard to notice when a person's attitude deteriorates between meetings from one of cordial respect and interest in recognising positive qualities, to one of fear of making the wrong judgement in case a future harm might occur. It's certainly understandable but is it helpful?

As I've been told by my current (6th), probation officer, none of this is an exact science. Then perhaps some more science is what we need? From my own understanding so far from researching methods used in places like Canada and Norway, there is a great deal more science in place and far less ideological baggage built into the system, and most importantly, far more successful outcomes. And of course, as the recipient of penal “services”, I'm bound to favour systems which emphasise positive qualities, respect for human rights and dignity, and trust that a person genuinely wants to change. But I like to think I have the capability to at least some extent, be objective on these things. I dare say that given a genuine chance, there are many other “offenders” who themselves want little more than to be able to see a future where they pose a minimal risk of harm to anyone.

I'd finally like to say that after finding this blog, I've been able to, at least to some extent, see things more clearly from the perspective of those in the field of rehabilitation. I'd like to thank the owner of this blog publicly for giving me the opportunity to express myself in this way. I've been one of the lucky ones. I have a family who believe in me and have done everything to help me get my life back on track, despite efforts by some in the system to undermine that.

Sadly there will be many others being crushed by the double whammy of Dickensian attitudes and Orwellian practices. My heart goes out to them regardless of what they've done in the past. It should be a matter of principle that no human being should suffer such things in a so called advanced society, regardless of their past mistakes. I'm well aware there's no such thing as a utopia, but for once, maybe we might get some hope for something better for everyone one day.

Sunday, 4 February 2018

Pick of the Week 41

I think there is a good debate to have about qualification for Probation work. A broad foundation study aligned with practice that integrates theory and allows for reflection on practice seems fundamental. I feel I benefited from that with DipPS which was as a result of BA and NVQ in Community Justice. However, I think that provided a foundation from which to build. I was glad of further ongoing training but surprised that this was not better integrated into practice and a formal record of my continuing professional development was not encouraged or required. I realise people will cry out that time and resources do not allow for such luxury in the present. Where does that leave the Probation profession if this remains the case? In decline, lacking currency and open to question regards its efficacy I would suggest. I do not know what the answers are in a fragmented and under resourced system, much of which is struggling to profit from its activities.

*****
The demise of Carillion has been discussed at some length this week on this blog. It's been headlined on every media platform and took up many hours of Parliamentary debate. Carillions collapse has impacted hugely on vast areas of society. But what I find most disturbing about massive multi national private companies like Carillion, Interserve, Sodexo etc is that they are allowed to trade as limited companies. It cannot be right that any company that can post £100s millions in annual profits, and pay shareholders millions of pounds in dividends, can hide behind limited liability status. How far should you be allowed to trade beyond your asset value before you should lose your limited liability status?


Barring a few IT systems, these multi national outsourcing companies have no assets at all, so why should they be allowed to trade in £billions? I'd like to run up a £100 thousand bill with William Hill hoping I'd win enough to pay the debt and win a few quid for myself. If I failed, I'd also like to be able to say my plan didn't work out, and I'm really sorry but I only own a fiver! I have no issues with limited companies, but come on, if you allow companies with no assets to trade in £billions under limited liability status, then someone is going to get significantly burned.

*****
I could not agree more with you about limited liability. It encourages the spendthrifts and the corrupt. It would have been a different set of risks for the executives in Carillion - and the banks - to have considered if they had known that in going bust their personal assets would be seized to pay creditors. As it is, they can be as reckless as they wish with other peoples' money, because they know their homes and personal wealth is protected by the law. The same applies to all the fraudsters who rack up dissolved companies, leaving debts, but then going on to their next reckless venture. Making them personally accountable for losses would change corporate behaviour across the board.

*****
It concerns me that working people are having their pensions plundered. Carrillion paid share dividends that equated roughly to the pensions deficit or liability. If I understand correctly this means that workers will likely receive 10% less than they had imagined under a state sponsored guarantee scheme, which if I understand correctly means the tax payer assures them a pension of 90% of what they they anticipated. 

It shocked me that one man, Philip Greene (BHS) who took hundreds of millions out of that company did so whilst the workers pension fund was similarly in deficit. And, with a stroke of a pen paid back a few hundred million to prop up the fund. One man! I remember Robert Maxwell robbing the Mirror group pension fund of a huge amount. I know that there are many other company pension funds languishing with huge liabilities. I still remember Vince Cable saying about the financial crisis that the 'profits were privatised and the debts nationalised.' How do we bring about better governance, shine a light into outrageous profiteering, avarice, by a few at the expense of the many? I am simply not seeing the answers being presented or the arguments substantially made. It is wrong and no one ever seems to be held to account.

*****
Oh no reading the Sunday best of the week and we get a love in for Raho and Rogers. Really Jim have you just announced the run for national chairs here and the general secretary election. I doubt the technocrat will have the backbone let alone the real potential to lead and be followed. Neither have done anything remarkable than acquiesce the whole side into a local arrangement for which has destroyed the union and left all open to local pay and down grade. No fools that pair. A clever move wrapped up in explanations by their support club. Where will they be when the truth of their disaster comes home. In power probably blaming someone else. It is a danger to all the union to allow the management friendlies any free hand. Keep up the good work Jim and let them pair get another PR agent we thought you were independent.

*****
You may not realise it yet but they have contributed to damage that whatever happens has put the union and the movement back many years. It can only be repaired if the Labour government get in and truly repeal 2016 trade union legislation. Corbyn “That means new trade union freedoms and collective bargaining rights, of course, because it is only through collective representation that workers have the voice and the strength to reverse the race to the bottom in pay and conditions.” Unlike Mr Raho and it is well known that Mr Roger is anti Corbyn and somehow the duo think they know better than the Party. Come on Jim help the membership. It is not a game.

*****
I appreciate that you do not understand that distributive rather than centralised collective bargaining was the only viable option post TR. It was the employers that did not want to talk to each other that was the problem. These myths that those hard left wingers are peddling of a sell out by Raho and Rogers are groundless and suppose the pair are far more powerful than the entire Napo leadership and spineless NEC. The Napo far left would presumably compel employers to meet with them in some centralised Stalinist committee and then force them to do everything they want with the power of their Neo Marxist rhetoric.

Let us not forget that the candidates of the left in Napo are Lawrence and Berry. Lawrence has already declared he wants to stand again. If anything they were the ones together with Winters and Pattison who were dealing with the national collective bargaining situation and must bear some responsibility. However, it would be unfair to blame Lawrence as he is largely impotent in his dealings as the employers ignore him as someone beset on all sides and has a glazed expression when matters involve anything complex or strategic. 

There was an attempt to get things sorted at the Napo AGM before last with an enabling motion that was never heard as the left wingers voted to support the already dead NNC that had Lawrence et al looking like rabbits frozen in the headlights of an oncoming juggernaut as they were forced to appear to support the unviable. Raho and Rogers were the only ones who came up with a practical alternative to the nothing the leadership were left with and I suspect Lawrence has been secretly glad of those who blame everyone but him. 

If he had not had at least a couple of pragmatists in Napo then they would not have any formal mechanism through which to speak with employers and his showboating days would have been sunk months ago. Let us see if modern local distributed collective bargaining delivers anything. If it fails as the NNC did consistently to achieve pay increases for all including those at the top of the scale, then the far left wingers can say that they were right but before then they might do well to remember that they have no viable alternative and little to offer but a fading dream of trade union power that has no basis in reality. I would always invite people to deal with things as they are.

*****
I would be the first one to look at all sides and see what might happen but you are and still hold a position that capitulated a major issue. The matter was subject to a protection under the transfer arrangements. There was no defence or claim on this by any party who should and ought to have challenged. Failing that is a clear signal to the future of how things will be managed. Your post well written and to some degree inclusive of the wider views is still disparaging towards the left in the union and this is not helpful. The NEC will not welcome the views either. 

While your descriptors are sort of funny on one level, on another they do not adequately deliver appropriate respect towards people who may or may not have some ownership of the failings. You do make your sides story more credible and interesting, but the claim it was pragmatism is not what anyone wants to hear. Cutting staff, reducing costs, shaving of professional top earners, reducing management oversight, losing flexi time arrangements, changing hostel night staff, the list goes on. Rationalising cuts as pragmatic that's no position so your team offer nothing and in fact have made it worse.

*****
One of the issues I have been very concerned about is how worker's pension funds are effectively being used as bank loans. The Plc claims cash flow problems and does not, claims it is not able to, meet the needs of the pension fund but promises to do so in better times. In the case of Carrillion they continued to pay sizeable share dividends and executive pay and bonuses whilst 'wriggling' out of their duties to the pension fund. Huge debts and pension fund deficits later and hey presto the job has gone bust with pensioners out of pocket and the taxpayer picking up the tab. 

The example is not isolated and others will surely follow. It's wrong, worse than wrong. Many of us were brought up on the values of working hard, abiding by the law, doing right by your fellow man with ultimately a settled and affordable retirement in our later years, health allowing. This fundamental is being eroded as we see the greedy, self serving and reckless antics of our executive elite continue unabated with no obvious attempts to stop them. A social system continues to function well based on trust, fidelity, integrity an appreciable sense of fairness. What's happening?!

*****
Lawrence & Priestley - chalk & cheese. I'm going to have to watch the JSC again to decide if Lawrence is role-playing (lounging casually, never answering a question directly, showboating, confronting the Chair) or if he actually had any idea of what was actually happening. It was the JSC gathering evidence, Ian, not a 1970's spat wiv mannagemunt! It might be unfair but on first viewing my impression was that the JSC listened to the thoughtful & measured Priestley (who graciously played lieutenant to his NAPO counterpart), but only after the white noise coming from Lawrence had stopped. I'll have a glass of something & give it another go later...

*****
In MY opinion I don't think it was a good performance, but I really, really wanted a blinder of a performance from the man; it was a great opportunity. I now think I realise what made me react so negatively - he's not someone I want to listen to; his style of presentation makes me switch off. I don't find it engaging. I've watched some of it again and I realised I hadn't taken in anything that he'd said. I tried hard, and he did make a few good points. I'd missed them. And I wonder if the JSC did too? But that's MY issue, and MY perception. I can't stand Michael McIntyre either. Or Jimmy Carr. They're funny for some but not for me. What do I want? Grayling's head on display at the city gates.

*****
Apologies then better understood your explanation. Nevertheless we did get to hear Ian move some critical flaws across the room. Sadly not near assertive enough about the abysmal working conditions and not clear on the demise of probation premises has broken the backs of our service delivery potentials, enough for many. It is not his fault if you don't like the message, though I would like to know what have the other union leaders done to help him?

*****
The worry is that for £70k a year Lawrence should be nailing this, not leaving people unsure, unmoved & unimpressed. He had one shot from six yards at an open goal with the JSC and he kicked it over the bar. The JSC won't be watching it again on youtube or internet tv. This is his job. He's the GS of THE union & professional organisation for Probation staff, he should be leading the fight. Face it. He's just not very good at it, hence NAPO is pisspoor and we get crap T&Cs for staff transfer, the non-existent EVR, the lack of a pay rise, the lengthy silences, etc.

*****
It was a Justice Select Committee. If you wanted a slanging match you're on the wrong channel. The unions could only deliver what the protocols would expect. All-in wrestling is not one of them.

*****
"It was the JSC gathering evidence, Ian, not a 1970's spat wiv mannagemunt!" Exactly so, No need for cameos from Mick McManus or Kendo Nagasaki, just answer the nice MPs' questions with the damning evidence at your fingertips. On more than one occasion Mr Unison bailed Mr NAPO out of a self-constructed cul-de-sac-of-shite.

*****
Ben and Ian representing and presenting to the Justice Committee. Excellent presentation by them both.Well done, keep it up.

*****
Notes on Ian's performance as-it-happened:

* well-meaning but missing the necessary gravitas & impact
* answers seemingly without structure
* too eager to impose his own agenda rather than weaving it into the JSC format
* evidently very pleased with himself - big mistake
* overall, an underwhelming & disappointing performance
* 4/10

*****
I thought Ian's performance was made worse by the fact that Ben's was pretty impressive.

*****
Under the Trusts, the SPO role was gradually disconnected from practice. The managerialism model converted SPO into managers. Yes, there were some managers who had strong practice roots who saw their first duty as supporting frontline staff and who had a wealth of experience. But these managers were not so popular with their own bosses, as they were viewed as old-fashioned. We saw a new crop emerge who, no sooner qualified, were agitating to become managers, more for the status and money then because of any commitment to motivating and leading a team. 

These new managers had minimal practice experience, but they were popular with their superiors because they could be relied upon to follow corporate orders. These managers had no difficulty following the party line by aggressively implementing disciplinary and sickness management policies. So you could see the changes to job descriptions as merely the theory catching up with the practice. In the old days a good SPO would stand up for their team and argue the toss with senior management, but then they became errand boys and girls. I just wonder what exactly is being lost, that is not already lost.

*****
"These new managers had minimal practice experience, but they were popular with their superiors because they could be relied upon to follow corporate orders." I think that is not specifically a probation problem, but a problem that will be echoed across the board in all public services. Accelerated programmes were introduced to the police, prisons and NHS, and as pointed out, it allowed those in Whitehall to push whatever service in whatever direction they wanted without very little resistance.

*****
Only this week we have had a landmark example of blatant discrimination towards those with mental health issues: the PIP assessments, A government defeated in the courts for discriminating against the mentally ill. The government talks compassion and acts with cynicism. There is good evidence – as set out in a book, The Spirit Level - that those societies with high economic inequalities have more citizens with mental health issues.

And the statistical evidence of declining prison staff numbers alongside increasing incidence of self-harm amongst prisoners shows what happens when prison regimes unravel. It is shameful that so many people in prison feel unsafe – either from other prisoners or prison staff. Feeling at constant risk of being abused and bullied, never mind coping with underlying vulnerabilities, pushes individuals towards brinks of one sort or another. No wonder recidivism is high: prisons manufacture it.

*****
Prison officers have never had decent mental health training. I remember talking to one (25 yrs experience on the job) about what sort of training was available to them in this area and they responded that HMPS offered a three day voluntary training session. That was it. Just three hours and not compulsory to attend and that was supposed to equip officers to deal with really complex mental health needs. Things will presumably only have gotten worse post Grayling and they probably don't even offer that pitiful amount of training any more.

*****
The article above does not mention who should “lead,” or manage any newly re-constituted service. I have no faith and no confidence in the current incumbents who have remained tight lipped about the demise of the service and would be fiercely opposed to any of them positioning themselves at the top table in the future. They have steadfastly refused to speak out in support of their staff and have pushed through change despite the evidential base which proves that it is badly designed and does not work. At the end of the day, they have feathered their own nests and sold us down the river!

*****
"While we do not think that there should be a return to a Probation Service as it was before TR, we strongly recommend that members of the Probation Service that have left the service since TR was implemented, should be actively consulted and engaged in the design of a new Probation Service." 
No, of course you don't as the chiefs helped drive the pulse out of what probation was didn't they? Yes of course you want to hear from all those that left voluntarily or ran away as they may have something to tell us that are left in the mire and mess. No thanks to you liking to come back in another consultancy deal on top of your pay offs for selling the Trusts out. Unless you're offering free time which we all know will tear you away from your holidays. Scepticism reigns.

*****
Sorry to correct but some of those that left before TR did not receive any payout to go but able to see the writing on the wall. I was a NAPO rep as well as an SPO. I spent hours of my own time in the evening reading endless documents to keep up with the changes so I could brief members in both the union and the team. I discussed career options with anyone who wanted it outside the service because no one else was doing it. Both the employers and union wanted, for their own selfish reasons, for folk to stay put and make the resulting and predictable mess work.

The turning point for me came with the one day strike after the split had been decided. All union members, bar one, who had been assigned to the NPS did not come out on strike. The drawbridge for colleagues assigned to the CRC was well and truly pulled up. With that I decided to put myself first and got another job. If you consider this to be cowardly, so be it. We will have to differ. I would gladly speak to the likes of John Budd if he is asked to try and repair what is left of the service but I think I would be considered too low in the pecking order to merit any attention. It will take drastic action to repair the damage done but reuniting the service and recreating local links have to be the first steps.

*****
If I was approached to help rebuild a decent Probation Service, as a former SPO with over 20 years management experience, I would consider it but only if my salary was the same as it was when I left i.e. top of the scale. I have already had the piss taken out of me once. I am not going to allow it to happen again. I agree that the problem here was NOMS and the MoJ. The 'takeover' of Probation by Prison management was and is at the core of the problem. 

I recall a colleague telling me that she had overheard Phil Wheatley telling his Prison Service manager colleagues to 'Not discuss this with' the only Probation Manager at the top table during his tenure. Wheatley not only ignored Probation input, he actively avoided it and sought to keep Probation out of the loop. The attitude of NOMS and the MoJ to Probation has been and remains a disgrace. This whole debacle has to be laid firmly at their door. Probation was always a difficult idea to sell, so why was it given to the amateurs to manage? Money and careers to be made? A fool's errand, more like.

*****
I don't trust the pragmatists and I do not believe anyone can be free of ideology. One of the authors contributed to the creation of the NPS – yet now advocates a locally-based service. They also present a false dichotomy regarding social work and confronting behaviour. Was there ever a time in the idealised social work era of probation when behaviour was not confronted and can you really have a confronting paradigm without social work values underpinning wider rehabilitative objectives? I don't think so and it's silly to take either/or stances. And by the way, I think there were 35 probation trusts pre-TR – not 42. Probation work is subtle and no one gains by talking tough and playing to the public gallery.

*****
And once again we have probation professionals totally ignoring the service user. If you're going to design a probation system from scratch as is posited by these folks and consulting everyone all over the place about it, shouldn't you also be consulting the service user for their input into what works and what doesn't so you can actually design a service that has a hope in hell of actually doing what it should do? Everyone I know who has gone through probation at any time is in agreement that probation should work WITH the service user and not simply do things to them as they have done historically and continue to do. No wonder the reoffending rate is stubbornly high. When will probation people of all ranks learn that until you work with the service user rather than foisting some rubbish off on them, it's never going to achieve it's goals?

*****
Prison officer behaviour is sometimes part of the problem, as reports of their bullying and abusive behaviours towards prisons support. Prison officers are sometimes prone to see self-harm as an attempt to manipulate the system. Attempted suicides where there is successful prison officer intervention are recorded as self harm and I have no doubt as part of the incident report the role of the prison officer is highlighted.

*****
Keep those reminders coming. In approx 25 years of Probation work I've tried - and, sadly, failed numerous times - to ensure my professional focus is upon those sent to work with me by the courts (or prisons). As a qualified & experienced professional when granted the time, respect & length of leash, I have been at my most useful in helping someone to effect change but.....the biggest distractions, barriers and sources of frustration have always been those uninvited impositions, e.g. 'management guidance', 'practice instructions' or simply accountants monitoring targets disguised as SPOs.

Two comments today have stood out for me: "Probation work is subtle and no one gains by talking tough and playing to the public gallery." & "No wonder the reoffending rate is stubbornly high. When will probation people learn?"

In our so-called democracy we have numerous adversarial systems. Justice is not about truth but about who can 'win'. Politics is not about integrity or the will of the people, but who has power and influence in order to get their own way and 'win'. We have a pseudo-Darwinian society where survival of the fittest doesn't mean healthy - it more often means the fattest cats, the meanest bullies, the biggest liars, the holders of the greatest amounts of power. Leaving the EU? Trump? Boris Johnson? Michael Gove? Nigel Farage? Grayling? *unt? Putin? And it is exactly such people who are prone to 'talking tough' and 'playing to the gallery'. They are also the people who want to keep subtlety out of the picture - who hate nuance, loathe freedom of expression and belittle generosity of spirit.

Whilst 'The Players' are beguiling the media and travelling the world (at our expense) feathering their own nests, us 'Little People' are being taken for a ride. Our taxes are being handed over to pirate shareholders & fraudsters, our national infrastructure is being placed under overseas control. For example, Leaving the EU was about regaining Sovereignty, yet those who have lied & campaigned the most are responsible for the outsourcing which has led to our trains being run by German, Dutch & French companies; our power provided by French, American Japanese & Korean companies; our probation services provided by American, Australian, French & German companies.

And so yes, it is no surprise that such parallel dissonance exists in the probation world whereby the task-in-hand is 'trumped' by the anxiety of job survival, where the depressed and stressed-out professional cannot effectively focus on the needs of their 'client'. Doomed to fail? Designed to fail? Does it matter? It's failing us all.

*****
The report stated that although the probation officer (PO) was newly appointed to the role they had worked for several years in probation in another role. This is where the facts end and the glaring errors and omissions start. The facts are well known though it is that none of the team including the managers were actually Probation Officers who are properly qualified at all.

Working Links will not provide the evidence of the PO's experience, they have confirmed they did not receive the expected training, training that Working Links themselves expect staff to complete. It is also known that Working Links have no training plan to provide any appropriate skills to any staff. It is clear on this blog of the well known public national dispute that the unions have raised for the dangerous practices of Working Links. There are many sign posts and the situation is deteriorating. Johnny Mercer Visited the office in January and has been duped into thinking its rosy. It is not!

Saturday, 3 February 2018

Outsourcing and Ideology

In the wake of the Carillion collapse I notice that David Raho has written a piece on Facebook:-

Could Capita be the next Carillion? Why it matters to those working in Probation.

The value of Capita’s share price was slashed by 50% this week as investors, no longer confident that the UK government would bail out their contractors, started dumping shares and shifting their money elsewhere.

Until recently Capita were considered by the government to be a safe pair of hands. A good example of this confidence was demonstrated when G4S and Serco dropped the ball regarding the electronic monitoring of offenders (EM) in 2013 and it was Capita that was asked to pick up the baton and was then subsequently awarded this lucrative contract in England and Wales with largely the same infrastructure and staff employed albeit with stronger direct MoJ oversight and open book accounts.

G4S continued to manage the EM contract in both Northern Ireland and Scotland (subject to different contracts) and after paying a £109m bung in 2014 was again allowed to continue bidding for government contracts including EM. It should not be forgotten that the Serious Fraud Office investigation with regard to both Serco and G4S’s activities in respect of EM continues. Despite this it was to G4S that the government turned when they ran into severe equipment difficulties regarding the GPS EM programme initiated by Ken Clarke when he was Justice Secretary and it is a story worthy of a two hour documentary laying bare a tale of breathtaking commercial and contractual incompetence to the tune of at least £60m of taxpayer monies. The story of how they tried to fleece successful British health monitoring firm Buddi of its intellectual property is worth 30 minutes alone.

It is therefore easy to see that the government is nervous about the prospect of Capita’s collapse as this is perhaps the clearest indication of the collapse too of the governments failed neoliberal ideological mission (a mission close to Grayling et al stony heart) to contract out and outsource the state to private companies effectively creating a shadow state one step removed from an increasingly smaller and less powerful government. By doing this the result is democratically less accountable public services (no information as it is commercially sensitive) who by attempting to produce surplus/profit from contracts actually actually end up running down or distorting the services they are contracted to provide. Some try to convince themselves that if only they had more government money then they would not do this but when the money comes it does not find its way to the front end but rather in increasing the corporate centre concerned with chasing other contracts. These organisations are only interested in hitting targets to ensure payment rather than providing quality services and investing in the future eg training and investing in staff.

Capita apparently put a cheeky bid in for London CRC but according to my sources this was reluctantly rejected by the MoJ/NOMS as it apparently proposed a 50% cut in staff and premises from the outset rather than achieving this stealthily throughout the contract as proposed by most successful bidders. They were apparently asked to address this but apparently informed the MoJ this was the only way to turn a profit as it is nigh on impossible to turn a profit in London without continuous top ups from the government or a blank cheque book. When discussed informally with MoJ staff this has never been denied.

Returning to EM....

Industry experts are pretty sure that if Capita were to collapse then the government would probably have to consider ignoring the ongoing fraud investigation and return EM to G4S or Serco or even hand this contract to the French catering firm Sodexo with G4S supplying some of the equipment or even to one of their new US friends. In other words an utter mess that could have been and could be completely avoided if the government admitted some time ago that criminal justice services including prisons and probation and electronic monitoring should never have been outsourced, as this is clearly the direct responsibility of the state, and should now be taken back into public ownership as a matter of urgency and dealt with in a consistent cost effective way throughout England and Wales.

We can therefore only hope that if Capita collapses or survives by some miracle of behind the scenes deal making then this will remind the government how vulnerable they are in respect of their criminal justice policies and perhaps prompt them to formulate a strategy to explain to the public what they are actually trying to achieve other than profit for their corporate friends and already wealthy supporters.


David Raho

--oo00oo--

There's no doubt that the Carillion collapse has turbo-charged the whole debate regarding privatisation and outsourcing and the Tories find themselves on the back foot. I notice the arch protagonist in this regard, Francis Maude, was wheeled out yesterday on the BBC Daily Politics show and in trying to defend the cause, came out with that old hackneyed argument about the public sector never innovating. We know this is crap and strangely, only the day before I learnt of an example I was completely unaware of via this 'exciting' news from Open Reach (BT to you and me):-

Openreach launches ‘Fibre First’ programme to make Fibre to the Premises broadband available to three million UK homes and businesses by the end of 2020

Openreach, Britain’s national broadband infrastructure provider, today announced an acceleration of its Fibre to the Premises (FTTP) build programme to enhance Britain’s digital infrastructure and to reinforce the UK’s position as the leading digital economy in the G20. 1

Openreach is extending its current Fibre to the Premises (FTTP) build target by 50% to reach three million premises by the end of 2020 through its new ‘Fibre First’ programme2. Birmingham, Bristol, Cardiff, Edinburgh, Leeds, Liverpool, London and Manchester make up the first phase of the programme which will connect up to 40 UK towns, cities and boroughs with FTTP3 with build starting in 2018. Openreach will also continue to focus on delivering FTTP to rural areas, in partnership with the Government, to make sure some of the hardest to reach communities in the UK get access to future-proofed, FTTP networks.

Fibre First reconfirms Openreach’s ambition to build a large-scale FTTP network in the UK and accelerates the next fundamental upgrade of critical UK infrastructure. With the largest FTTP footprint in the UK4, Openreach is best placed to deliver the infrastructure required, at scale, to maintain the UK’s position as a leading digital economy. An FTTP network has substantial and far-reaching benefits for UK citizens, businesses, society and the economy.The benefits include: better, more reliable service; fewer faults; and faster, more predictable and consistent speeds.The platform would be future-proof, supporting the speed requirements of customers for decades to come.


--oo00oo--

It all sounds pretty good news and you'd be forgiven for thinking that, but in this era of 'fake news' and 'alternative facts', it's worth digging around a little. Have you ever wondered why your internet connection is so rubbish? Perhaps you're relying on good old-fashioned BT and a 'twisted pair' from the telegraph pole? 

Living in a big city, I well remember getting very excited at the arrival of the 'digital super highway' in my street some 25 years ago, but could never understand why the cable company only hooked me up with coax cable and not the magic fibre optic stuff. Surely the future lay in glass, not copper? Well, it turns out we have Margaret Thatcher to thank for our crap internet connection and a key decision she made years ago for purely ideological reasons. It's an astonishing saga and as the UK heads for Brexit amid hopes for greater world markets, it makes for very sobering reading indeed. Here's the story from 2014 on the techradar website:- 

How Thatcher killed the UK's superfast broadband before it even existed

As you sit on the phone to your ISP's customer service line, listening to half-baked excuses for why you've only got 0.5Mbps upload speed and why you "need" to upgrade to "superfast" fibre optic, it may be little comfort to know that in an alternate reality you'd already have it as standard.

In 1990, a single decision by then-Prime Minister Margaret Thatcher had a devastating effect on the UK's broadband infrastructure for the next 20 years and for the foreseeable future. In a little known story about the UK's broadband history, Dr Peter Cochrane, former Chief Technology Officer at BT and all round tech guru, tells TechRadar how the UK lost the broadband race way back in the 90s.

The story actually begins in the 70s when Dr Cochrane was working as BT's Chief Technology Officer, a position he'd climbed up to from engineer some years earlier. Dr Cochrane knew that Britain's tired copper network was insufficient: "In 1974 it was patently obvious that copper wire was unsuitable for digital communication in any form, and it could not afford the capacity we needed for the future." He was asked to do a report on the UK's future of digital communication and what was needed to move forward.

"In 1979 I presented my results," he tells us, "and the conclusion was to forget about copper and get into fibre. So BT started a massive effort - that spanned in six years - involving thousands of people to both digitise the network and to put fibre everywhere. The country had more fibre per capita than any other nation. In 1986, I managed to get fibre to the home cheaper than copper and we started a programme where we built factories for manufacturing the system. By 1990, we had two factories, one in Ipswich and one in Birmingham, where were manufacturing components for systems to roll out to the local loop".

At that time, the UK, Japan and the United States were leading the way in fibre optic technology and roll-out. Indeed, the first wide area fibre optic network was set up in Hastings, UK. But, in 1990, then Prime Minister, Margaret Thatcher, decided that BT's rapid and extensive rollout of fibre optic broadband was anti-competitive and held a monopoly on a technology and service that no other telecom company could do.

"Unfortunately, the Thatcher government decided that it wanted the American cable companies providing the same service to increase competition. So the decision was made to close down the local loop roll out and in 1991 that roll out was stopped. The two factories that BT had built to build fibre related components were sold to Fujitsu and HP, the assets were stripped and the expertise was shipped out to South East Asia. Our colleagues in Korea and Japan, who were working with quite closely at the time, stood back and looked at what happened to us in amazement. What was pivotal was that they carried on with their respective fibre rollouts. And, well, the rest is history as they say.

"What is quite astonishing is that a very similar thing happened in the United States. The US, UK and Japan were leading the world. In the US, a judge was appointed by Congress to break up AT&T. And so AT&T became things like BellSouth and at that point, political decisions were made that crippled the roll out of optical fibre across the rest of the western world, because the rest of the countries just followed like sheep. This created a very stop-start roll-out which doesn't work with fibre optic - it needs to be done en masse. You needed economy of scale. You could not roll out fibre to the home for 1% of Europe and make it economic, you had to go whole hog. It's like everything else in the electronics world, if you make one laptop, it costs billions; if you make billions of laptops it costs a few quid".

Immediately after that decision by Thatcher's government, the UK fell far behind in broadband speeds and, to this day, has never properly recovered. When the current government came to power it pledged that the UK would have the best superfast broadband network in Europe by 2015 and 90% of homes will be connected to superfast broadband by 2017.

But, as Dr Cochrane explains, there are two things wrong with this. Firstly, the government's definition of superfast broadband is 24Mbps. Secondly, comparing against Europe is pointless. "Western nations blindly compare with each other. There's no point in saying 'we're better than the French, we're better than the Germans' - that's not the point. Are we better than the Japanese, the Koreans and other competing nations?"

"[In Southeast Asia] they roared ahead. The Japanese in particular formulated a plan. While we were faffing about with half an Mbps 'being sufficient' the Japanese were rolling out 10Mbps. When we got to 2Mbps they were rolling out 100Mbps. Hong Kong in 2012 already had a gigabit both ways. In 1999 Japan already had 50Mbps universally and South Korea was comfortably using 4G by 2006. In the UK there's no vision, mission or plan, we're engaged in a random walk into the future".

It all comes down to bandwidth

The UK's fibre rollout is mostly Fibre To The Cabinet (FTTC), rather than Fibre To The Home (FTTH). What's the difference? Well, FTTH is fibre optic cable directly to the home, whereas FTTC is fibre optic cable to your nearest cabinet, with copper wire taking the signal the last leg of the journey. The copper limits speeds to 80Mbps, compared with 1,000Mbps or more available in all-fibre networks.

Dr Cochrane explained: "Fibre To The Home gives you an infinity of bandwidth, both ways, that you can upgrade forever, and it's symmetric. If you go for Fibre To The Cabinet, you finish up with an asymmetric service. Now, this is really important. Why? How about the cloud, the cloud is not an asymmetric service, video conferencing is not an asymmetric service, so the whole ethos of the telecoms industry has been skewed by decision makers who think that the future of the internet is watching TV or movies, which it isn't".

"Businesses rely on symmetric bandwidth for cloud computing and video conferencing and this lack of bandwidth will put us slowly into a second world status. For example, I am sitting here, I work all over the world and say I want to upload a 350MB file. 350MB is not huge. With my old broadband, when I had less than 0.5Mbps upload you'd start in the morning and finish sometime in the middle of the night. Now I've got 32Mbps upload, I can actually watch it going. If I was in Hong Kong it would be instantaneous. Imagine having a discussion and putting a 10 second delay between each word, it wouldn't work."

New technologies, too, are hampered by low bandwidth, which has a direct effect on our ability to embrace revolutionary concepts. IBM's Watson, the learning super-computer that functions through the cloud and is able to give evidence-based medical diagnoses, will fail in the UK because a lack of bandwidth, according to Dr Cochrane.

"If you look at the story of IBM Watson, it's moving into the medical industry in the United States and you will be able soon to have an app with which you can configure Watson for your industry. It's going to change everything, from investment banking to the legal industry. That sort of service, being able to get remote diagnostics, can only occur if you've got bandwidth".

The future isn't so bright for the UK when it comes to broadband, and that's largely owing to an administration taking the wrong path 24 years ago. Unless there's massive investment in broadband infrastructure and a complete rethink at the highest levels of government, the UK will only fall further behind.

"The UK will be frozen out of cloud computing because we don't have bandwidth, worst of all we don't have symmetric bandwidth. And the UK network cannot support the population in the cloud. It will be OK if you're in a hotspot for bandwidth, and there are some hotspots of bandwidth in the UK, but for the most part the population will be frozen out. Ergo, this will hit the bottom line - it all comes down to GDP. If businesses can't operate, the UK won't generate money".

Friday, 2 February 2018

Phil Wheatley on Prison Crisis

Continuing with our theme of evidence to the Justice Committee's TR inquiry, yesterday's blog post flushed out mention of Phil Wheatley of NOMS fame and in particular a piece he wrote for the Guardian in December 2016 that we don't seem to have covered before. So, thanks go to the reader for bringing it to our attention and this is what he had to say:-   

It took years of Tory cuts and wild policy swings to create this prisons crisis

The situation in jails is now so bad it can be resolved only by a prolonged period of stability and investment, and allowing managers to do their jobs.

The current crisis in our prisons is a matter of deep concern. It is an indictment of government policy in recent years, and will not be easily put right. It is vital that politicians understand and address what led us here if it is to be repaired. Without that, the crisis will deepen – with inevitable and dire consequences for prisoners, staff and the public.

I retired as chief executive of the National Offender Management Service (Noms) and director general of the Prison Service in June 2010, at which point the service was performing strongly. Suicides, escapes and serious incidents of disorder were at an all-time low, and the published statistics showed there had been more than 10% improvement in reoffending since 2000.

This was achieved despite the distraction of significant organisational upheavals initiated by ministers as they created and then reformed the National Offender Management Service.

The government’s unwillingness to fund the increases in the prison population that were driven by their obsession with pursuing populist law and order policies also caused problems. Ministers saw no problem with overcrowding to dangerous levels despite advice on the risks, making it necessary for me to refuse outright to comply with their wishes.

My successor, Michael Spurr, has faced even bigger challenges as a consequence of the severe budget reductions. This has been compounded by successive Conservative lord chancellors introducing their own radically different policies for prisons. Ken Clarke, the first lord chancellor in the coalition government, accepted a budget for justice that required substantial savings. He did so on the basis that it would be manageable if he both reduced the prison population and competitively tendered all public sector prisons over the lifetime of the government.

Just over two years later, David Cameron removed Clarke after political and tabloid press criticism of his proposals to reduce the prison population and his apparent unwillingness to be tough on prisoners.

Chris Grayling came next, with a brief to toughen up prison conditions without reducing the numbers and with no additional funding. The competitive tendering process was immediately abandoned. In its place, Grayling announced a programme of significant reforms across the prison and probation service.

The plans threatened the stability and safety of prisons but they were essential to meet the short-term political objective of managing within the planned budget while not reducing the prison population and not attracting tabloid criticism in the run-up to the 2015 election. It is a tribute to the skill of the Noms leadership and management that it delivered what Grayling required.

He was succeeded by Michael Gove, who charmed penal reformers by rubbishing most of his predecessor’s policies and making clear he had no taste for firm, centralised management. Ignoring the predicament prisons were in, Gove’s seductive policy vision was of liberal treatment for prisoners and freedom for individual governors to do their own thing.

Yet another major reorganisation of Noms was required: the third such upheaval in five years. Gove, of course, was gone before he had to take responsibility for the disruption caused both by his abandonment of Grayling’s policies and his abject failure to engage with their consequences.

Liz Truss now has the misfortune to inherit the operational disaster that is the direct result of these continued budget reductions and wild swings in government policy. The policies pursued by her predecessors have led to the loss of experienced prison managers and staff, too few prison officers of any sort, wages that make it difficult to recruit and retain staff, and a reduction in privileges and access to treatment interventions and regime activities that have been corrosive for prisoners. The situation is now parlous and will only be resolved by a prolonged period of policy stability and investment. It will take years to put right.

It is to Truss’s credit that she has quickly recognised that prison staffing levels are too low to maintain safety or security. It remains to be seen whether she also understands that prisons work best when they are not subjected to fluctuating political whims and have strong, effective management.

So far she has proposed league tables, more budgetary freedom for prison governors and accountability for hitting agreed performance targets, all of which is sensible and marks a return to the system we operated prior to 2010.

The organisational changes she is making are less encouraging. The process of recovery from the current crisis will require effective support services geared to meet the operational needs of prisons so that personnel, finance and procurement are integral to the management effort to resolve the problems faced. The minister however has transferred control of these services to the Ministry of Justice, so they will be managed by staff who have no experience of the operational challenges faced by prisons. It is highly likely that this will hamper the recovery effort.

There are no quick fixes that will easily rebuild the morale and confidence of staff. It is essential that ministers now refrain from whizzy political initiatives, and create a period of organisational and policy stability. This will allow the very competent managers of our prisons to concentrate on the core business of restoring order and constructive activity in our prisons.

This current crisis is a failure of major proportions for the government. Managing prisons is a difficult and highly skilled task that requires adequate resourcing, and a stable policy environment.

In the period since May 2010 the government has failed on both counts. The current leaders and managers of the Prison Service have struggled to deliver what has been required of them by politicians who have been told what risks they were running. The responsibility of ministers in bringing our custodial system to the brink of collapse needs to be understood and openly acknowledged if there is to be any chance of recovering from the current disaster.

Phil Wheatley was chief executive of the National Offender Management Service and director general of the Prison Service

--oo00oo--

On a completely different topic, but connected to the mention of Liz Truss, I see she's getting the blame for a key decision made when Lord Chancellor and in relation to the staggering cost of medical negligence claims against the NHS, up from £24billion in 2014 to an estimated £65billion in the future. This from the NHS Executive website:-

Payments doubling

The principal reason for the rise in claims costs is the ever-increasing size of awards in high-value cases. The causes of this are outside NHS control. An obvious example is the Lord Chancellor’s decision to cut the discount rate (the interest rate used by courts to calculate the size of lump sum compensation payments) to a historic low of minus 0.75% from 20 March 2017. This dramatically increased the size of all compensation awards for claims in the pipeline and future claims, including those arising from incidents that have already happened but where a claim has not been made. Many higher-value cases more than doubled in size overnight, with some individual cases now valued at close to £20m. Although further proposals have been announced which would see this change reviewed and the discount rate adjusted, this is unlikely to make enough of an impact on overall claims costs.

--//--

and I wasn't aware of this, highlighted as a need for reform:-

Repeal outdated clinical negligence law: A law that pre-dates the NHS (Section 2(4) of the Law Reform (Personal Injuries) Act 1948) requires all personal injury defendants to disregard the availability of NHS care when paying compensation. Patients who have been injured while receiving NHS treatment must be compensated on the basis that they will receive private treatment for life. This outdated legislation costs the NHS (which is often best placed to provide care to these patients) billions of pounds. The law should be changed so that defendants could compensate patients by paying the NHS and local authorities to provide damaged patients with specially designed public health and care packages. This would boost NHS funds for the benefit of all patients, including the majority needing long-term care and treatment for severe injury which has not resulted from negligence.

Thursday, 1 February 2018

What Former Chiefs Think

Continuing to sift through the submissions to the Justice Committee inquiry into TR, here's a view from two former chiefs:- 

Written evidence from Tony Knivett and John Budd (TRH0093) 


1. Our Credentials 

This is a joint submission. 

John Budd, as vice chair of the Probation Chiefs’ Association (PCA) was one of the PCA team of negotiators for the NPS during the talks which resulted in the transformation of the Probation Service. In this capacity he worked closely with ministers and senior civil servants as the Secretary of State developed his ideas on Transforming Rehabilitation (TR). John was also CEO of three Probation Areas, turning around failing performance in all three. Among many larger projects, with Tony Knivett, John introduced the EFQM to the National Probation Service (NPS) and was part of establishing a corrections service in Romania. 

Tony Knivett was ACPO in the Cambridgeshire Service - arguably a forerunner in prioritising “confronting offending behavior” rather than welfare. He went on to form Knivett Blake, independent contractors who amongst many initiatives, contributed to creation of the NPS, conducted inspections across the country and introduced financial management, strategic planning and governance systems to probation services nationally. 

This submission is not written from any ideological perspective. It is intended to be a pragmatic response to what we consider to be a dire situation for current probation services. 

2. Short term Solutions 

In our opinion, short-term solutions are not going to address the problems that the Probation Service faces. The Transforming Rehabilitation (TR) reforms were so fundamentally flawed in their inception and implementation that only a wide scale positive change will result in the Probation Service regaining its reputation as a world leading corrections agency. 

Short term fixes will only paper over the cracks that exist in the Probation Service and in our opinion, short term work should focus on the preparation for the creation of a Probation Service that is modern in its approach to delivering effective services for offenders.

In the short term therefore, we consider that the government should: 

- commence a fundamental review and develop policy which will allow a longer term implementation of a revised and fit for purpose modern Probation Service 

- commence a consultation exercise with key partner organisations; the Police, Police and Crime Commissioners (PCCs), the courts and judiciary, Local Authorities (LAs), the voluntary sector, etc and ask how they would work with a modern Probation Service and what services they require to help protect the public and their communities 

- re-consider the immediate management of Community Rehabilitation Company (CRC) contracts as the servicing of the contract is resulting in probation staff spending too much time providing information and data to NOMS at the expense of running their organisations, working with offenders face to face to confront their offending behaviour and working with other agencies to protect their communities. 

3. Longer term Solutions and the Future of Probation Services 

Some of the high profile critics are rightly, deeply concerned about the current arrangements and would wish to go back to the Probation Service as it was before TR or to return to a social work model. We would not support this at all. We believe that an urgently needed review should not be reforming or improving existing arrangements but about looking at effective practice past and present and designing a new approach. Now is an excellent opportunity to create and introduce a modern Probation Service. This should have been the realistic goal of TR rather than what has happened as a result of an ideological driven and ill considered TR programme. The future of the Probation Service should, in our opinion include the following: 

- A modern Probation Service should be a single service. Perhaps the most disastrous effect of TR has been the fragmentation of the Probation Service and dividing it into two separate and mostly disparate organisations 

- An effective probation service will be a public sector organisation employing as it has always done until recently, talented employees wholly dedicated to public service and committed to painstakingly working with offenders in order to reduce re-offending and protect the public and local communities 

- A modern Probation Service should be based upon a pragmatic assessment of effective organisational functioning and the delivery of services. The government should have learned that an ideological driven approach, as demonstrated by TR, does not work 

- A modern Probation Service should be locally accountable. It should not be managed centrally, as it is currently by NOMS. Consideration should be given to PCCs and/or LAs having a role in the accountability of the Probation Service 

- A modern Probation Service should be locally based, locally managed, providing services with local partners to local communities. The emphasis is on the word Local. It has been noticeable since TR how little the Probation Service has been able to contribute to local partnership working. In our opinion this is a key deficit which must be addressed to build a service which whilst following national standards of governance and performance outcomes can provide a relevant product geared to the needs of the community served.

- The responsibility for the management of offenders should be with the Probation Service, Probation Officers should have this responsibility 

- The provision of offender services should be from a diverse provider base. The private and voluntary sectors have a key role to play and should be actively engaged in working with offenders, but always within the overall offender management role undertaken by a Probation Officer 

- Offender services should be delivered having been developed on the basis of best practice, here and abroad. To date the focus has been largely on correctional practice in the USA. but a much broader approach is needed - learning from other countries including Europe.

While we do not think that there should be a return to a Probation Service as it was before TR, we strongly recommend that members of the Probation Service that have left the service since TR was implemented, should be actively consulted and engaged in the design of a new Probation Service. It should be remembered that before TR, all 42 Probation Trusts were achieving the performance targets that were set by government. There are people, past and present who have experience in running successful, effective probation organisations. 

It is important not to simply blame one minister or government for the disastrous consequences of the TR reforms. In order to be balanced and to make the most effective contribution to the design of a locally based, public sector service that is fit for future functioning and practice, past leaders of the Probation Service should recognise their limitations in full and effective engagement over a number of years with different governments. Now is the time to utilise the knowledge, experience and skills of all of those who can make a contribution to building a future Probation Service and rectifying the mistakes of TR. 

4. Conclusion 

The Justice Committee Inquiry into TR is very important as a means of gathering evidence which will show that that TR has not succeeded in its intentions and is not working to reduce re-offending or to protect the public. While improvement and innovation was needed, the government of the day did not pay sufficient attention to the advice and information that it was given. It was commonly accepted, except by the government, that the TR reforms, particularly in respect to the Probation Service, were ill conceived, insufficiently developed and would not work in practice. Sadly, much of what the PCA predicted to government would happen, has happened and in a relatively short period of time. This is an opportunity for government to take stock and we hope to concede that TR has not and is not working. There are many organisations and individuals who would be more than willing to assist in rectifying the mistakes of TR. A civilised and democratic society needs to have a sensible and just, publicly run corrections service. A modern, fit for purpose Probation Service could, with police and prison services, again be a central part of providing for public safety. 

December 2017