In this month's edition...
Clinks has continued to raise our concerns that complex commissioning processes, low contract values and tough technical requirements have created often insurmountable barriers for voluntary organisations to compete for contracts under the reformed probation model. Such concerns were borne out when only 4 of the 17 initial probation contracts were awarded to voluntary organisations. In response to analysis conducted by HM Prison and Probation Service (HMPPS) into the reasons for non-compliance for education training and employment (ETE) and accommodation contracts, the threshold on some technical requirements for the personal wellbeing services contracts were lowered. We are pleased that around 70% of contracts and contract value share for personal wellbeing has gone to the voluntary sector as a result. We remain concerned however that the range and diversity of lead providers for these contracts is limited, meaning that a level playing field is yet to be achieved for small and specialist organisations. HMPPS will share in due course the full list of lead providers and subcontractors.
The Reducing Reoffending Third Sector Advisory Group (RR3), a voluntary sector advisory group to the government, met for its first quarterly meeting of the year. Lucy Frazer QC MP, Minister of State for Prisons and Probation, joined the meeting to discuss key issues that have arisen from the group’s focussed work on Covid-19 and probation. Minutes from the meeting will be published soon.
The RR3 special interest group on Covid-19 has continued to hold regular meetings with HMPPS. A recent meeting focused on the implications for prison regimes following the government’s announcement of a road map to ease lockdown restrictions in the community, and how the take-up of vaccinations amongst people in the criminal justice system can be maximised. Minutes from the meeting will be published soon.
Probation model published The Ministry of Justice has published its latest Target Operating Model, setting out how it anticipates that the key features of the future model of probation services in England and Wales will work once implemented, and providing an overview of what services will be in place as of June 2021. This replaces the Draft Target Operating Model published in March 2020. The Target Operating Model promises an additional £155m per year in the unified probation service split into three main parts: sentence management, interventions, and rehabilitative services. Changes to interventions will include more promotion of unpaid work as an alternative to custody, improving the range of placements and improving the availability of education and training within unpaid work.
Secure Social Video Calling HM Prison and Probation Service has published a policy framework, which sets out the rules and guidance for staff across the adult and youth custody estate to help offer secure social video calling during the Covid-19 pandemic. Social video calling offers people in prison another way of communicating with family and friends whilst physical social visits are reduced. They should not operate as a replacement for face-to-face social visits.
Prisons
What happens to prisoners in a pandemic? HM Inspectorate of Prisons has published a thematic review into the way in which restrictions introduced in response to Covid-19 have impacted people in prison. The report is based on extensive interviews with men, women and children, who had not been able to attend work or education and had typically spent more than 22 hours a day in their cells since March 2020. The report highlights the disturbing effects of these restrictions on people’s emotional, psychological and physical well-being. People reported inflicting self-harm and using drugs to manage chronic boredom. The report questions whether the right balance had been achieved between managing the risk posed by Covid-19 and providing people with enough meaningful activity, engagement and time out of cell.
Bromley Briefings Prison Factfile The Prison Reform Trust has published the latest edition of the Bromley Briefings, which pull together vast amount of data to provide an in-depth assessment of the current state of prisons across England and Wales. The briefing shows how over one quarter (27%) of people in prison are from a minority ethnic group despite making up 14% of the total population in England and Wales and that people from a minority ethnic group are more likely to report negatively about their experience in prison and relationships with staff. In a contribution to the briefing, Beverley Thompson OBE, an expert on equality in the criminal justice system, concludes that efforts to tackle racism in the criminal justice system have in recent years regressed.
LGBT+ People in Prisons Barrow Cadbury Trust has published research conducted by academics from Dundee University into the experiences of LGBT+ people in prisons in England and Scotland. The research explores existing prisons policies, the extent to which prison staff members feel empowered and educated to support LGBT+ people in custody, and the experience of LGBT+ people in prison. The research finds that everyday practices contribute to single out LGBT+ people in prisons as different and dehumanise them, and many LGBT+ people in prisons experience additional punishment for being who they are. The report makes recommendations, including for LGBT+ people in prison to be given a voice to feed back their experiences to prison management and that greater resource is provided to organisations working with LGBT+ people in prison.
Mental health impacts of Covid-19 regimes The Prison Reform Trust has published a report revealing the devastating impacts that Covid-19 restrictions continue to have on the mental health of people in prison. People have being locked in their cells for up to 23 hours a day since March 2020, due to measures implemented by Her Majesty’s Prison and Probation Service to control the spread of the virus in prison. Drawing on the experiences of 180 people in prison, the report highlights how this regime undermines a person’s sense of identity, takes away self-worth and has led to many people in prison feeling fatalistic. The paper also highlights measures taken by prisons to improve the situation, including good communication and acts of kindness from staff and access to exercise and mental health support.
Analysis of Covid-19 death investigations The Prisons and Probation Ombudsman (PPO), has published a ‘Learning Lessons Bulletin’, analysing investigations into 26 deaths in custody related to Covid-19 in the early months of the pandemic. The bulletin highlights examples of excellent care and compassion shown by prison and healthcare staff. It also however highlights examples of poor judgement. For example, in-depth case studies show how some clinically vulnerable people were not sufficiently protected from catching the virus. The bulletin makes 10 recommendations to HMPPS, including that all staff adhere to infection control measures, to give appropriate advice about shielding to all people who are clinically vulnerable and ensure that people who are shielding do not have to share cells with newly arrived prisoners who have not completed their self-isolation.
Probation
The quality and effectiveness of probation services recovering from Covid-19 HM Inspectorate of probation (HMIP) have published a thematic review looking at the impact of Covid-19 on probation services. The report finds that services are working hard to restore services, and that significant progress has been made, particularly with the completion of accredited programmes. Real challenges remain with restoring delivery to normal levels however and dealing with backlogs. Only half the level of unpaid work is being carried out in comparison to before the pandemic. It appears increasingly likely that there will be no full recovery before services are asked to change again and adapt to the unification of the probation service from June 2021.
The role of probation providers in building the evidence base Her Majesty’s Inspectorate of Probation (HMIP) has published a paper exploring the extent to which probation providers engage in research and evaluation projects. The paper is based on a survey of probation providers, interviews with researchers and an analysis of probation provider’s publications. HMIP finds that little impactful research has taken place under Transforming Rehabilitation, due to resource constraints and overworked probation staff with little capacity. Some research projects also proved unfeasible due to the inability to access necessary data or service users. The bulletin sets out aspirations for the re-unified probation service, including for an institutional shift that recognises that supporting, co-producing or instigating research is a key part of working in probation.
Youth justice
Children and young people in custody The Justice Committee has published the second report from its inquiry into youth justice. Clinks in partnership with Equal and Barrow Cadbury Trust submitted evidence to the inquiry and gave oral evidence. This report is focused on the youth estate and resettlement. We are pleased to see the Committee take on board our concerns about safety in custody and use of segregation restricting children’s access to vital services and interventions. The Committee recommends regular publication of data on the use of separation and taking steps to improve the consistency of this practice across institutions. The Committee also recommends a national accommodation strategy for children released from custody and asks for an update on plans to implement outstanding Lammy review recommendations.
Young adults’ views and experiences of policing Revolving Doors Agency has published a report exploring young adults’ views and experiences of policing. The findings were based on information gathered from two surveys, completed by a total of 921 young adults aged 18-25. 53% of respondents said the police did not understand young adults’ circumstances or act compassionately towards them. They highlighted that the police should take steps to understand and tackle social issues such as poverty, violence against young women, and racism. 70% of respondents said people should be diverted from crime for low-level offences, and 75% agreed that drugs should be treated as a health problem. The report makes five recommendations, including for greater diversion from custody and training to help police identify vulnerabilities.
Maturity in the magistrates’ court The Magistrates Association has published a new report on how the issue of maturity is currently handled within magistrates’ courts. The paper is based on research that involved surveys and focus groups with magistrates, and a roundtable with other court participants including representatives from Her Majesty's Prison and Probation Service, community rehabilitation companies, youth offending teams and defence solicitors. Two overarching recommendations arose from this research: more independent assessments on maturity need to be carried out before the first hearing; and training needs to be provided to magistrates to give them a general understanding of maturity and how it affects both participation of young adults in court and sentencing decisions.
Multiple disadvantage
An essay collection on the interconnectedness of poverty, trauma, and multiple disadvantage Revolving Doors Agency has published a collection of eight essays that explore how poverty, trauma and structural disadvantage create and perpetuate multiple disadvantage. The essays have been written by contributors across and beyond academia, with the aim of supporting conversations as to how service providers, policymakers, researchers and people with lived experience can better respond to the knots of poverty, trauma and multiple disadvantage. Included in the collection is an essay by Dr Sarah Anderson, which examines how current discussions around trauma emphasise the need for the criminal justice system to respond to people’s pre-existing trauma, but often overlook how the criminal justice system itself creates and perpetuates trauma.
Voluntary sector
The Value of Small in a Big Crisis Lloyds Bank Foundation has conducted research into the role of small and local charities in national responses to Covid-19. The research show how small charities support disadvantaged people that tend to be less well served by mainstream provision. This was particularly critical for communities of faith or ethnicity and people seeking asylum, as they are both less well served by mainstream provision but more likely to be adversely affected by impacts of Covid-19. The report calls on the government, funders and the wider voluntary sector to recognise the value of small charities - providing long term, flexible, core funding and investing in social and community infrastructure.
Probation reform and the commissioning of future services This blog summarises key information that emerged from a meeting between the Reducing Reoffending Third Sector Advisory Group (RR3) and Her Majesty’s Prison and Probation Service (HMPPS) on how future services under the reformed probation model will be commissioned. Future services will be commissioned by Regional Probation Directors, but there is no procurement timetable, nor an assigned budget for some service categories. The RR3 raised concerned that this will likely to lead to gaps in service and that many organisations will have little sense of when or if further opportunities for funding will come about. The RR3 raised concerns too about HMPPS’ preference for commissioning voluntary organisations by contracts rather than grants, and how this in particular disadvantages smaller organisations.
The importance of diversity in service user involvement In this blog, Zahra Wynne, Health and Justice Policy and Development Officer, provides key reflections from an event convened by Clinks in December 2020 on diversity in service user involvement. The event made it clear that as long as the criminal justice system continues to impact on groups with protected characteristics in a disproportionate way, it is essential that there is diversity in service user involvement. Rather than treating this as a tick-box exercise, or a task too intimidating to undertake, organisations need to consider who they need to centre in their service user involvement, and take steps to meaningfully amplify the voices of service users who are directly affected by criminal justice policy and practice that results in inequalities.
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Written monthly by...
Clinks' Policy Officer Will Downs.
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