Introduction

Probation services are a key part of the criminal justice system. They are overseen by His Majesty’s Prison and Probation Service (HMPPS), which is an executive agency within the Ministry of Justice.

Probation services are responsible for:

Advising courts on sentencing decisions
Supervising people in the community who have offended and been released from custody on license and people who have received community sentences
Working with people in custody to prepare them for a life after release
Monitoring the risk posed by people supervised in the community and ensuring the public is protected
Planning and delivering rehabilitative support, often in partnership with voluntary sector organisations
Enforcing compliance with court orders and licence conditions.

There are currently opportunities to bid for rehabilitation and resettlement services through the Dynamic Framework. Read more about this process below.

Probation jargon - explained

The probation system

The Target Operating Model (TOM) sets out in detail plans for how the probation system should function.
All responsibility for sentence management is now under the Probation Service.
In each area, Probation Service operational delivery is organised around Probation Delivery Units.
There are 12 probation regions in England and Wales, and 12 Regional Probation Directors have been appointed to lead probation services in their region.

The commissioning process

The Dynamic Framework is the mechanism through which rehabilitation and resettlement interventions are procured. The framework is the main opportunity for voluntary organisations of all sizes to deliver services through the new probation system.
Market warming is the stage where preparatory documents are released to potential bidders so they can prepare.
Jaggaer is the esourcing portal/website (formally known as Bravo) through which documents on the commissioning process can be found and organisations can complete the qualification and call-off process.
Qualification is the process by which organisations apply to be on the Dynamic Framework.
The Selection Questionnaire is something organisations must complete to qualify on the Dynamic Framework and covers basic information about the organisation and the services they deliver.
Call-off is the stage at which organisations can compete for a contract on the Dynamic Framework. Commissioners announce their intention to run call-off for specific services, at which point organisations who have qualified onto the framework can compete for the specific contracts.
Day one call-offs are for contracts to deliver core services that are needed from the first day of delivery of the new model.
Service categories are the types of services that will be commissioned under the dynamic framework. There are 14 service categories:
- Accommodation
- Finance, Benefits and Debt
- Education, Training and Employment
- Dependency and Recovery
- Family and Significant Others
- Lifestyle and Associates
- Emotional Wellbeing
- Social Inclusion
- Women
- Young Adults (18-25 years old)
- Black, Asian, Minority Ethnic (BAME)
- Restorative Justice
- Cognitive and Behavioural Change
- Service User Involvement
Prime providers/contractors work directly with the government to deliver services. They can subcontract work to other providers, manage subcontractors, and are responsible for ensuring that the work is completed as defined in the contract.
Values refers to the overall cost of the service and the volume is the number of service users HMPPS are buying the service for.

Background information

From 2015 to June 2021, under the Ministry of Justice’s Transforming Rehabilitation programme, probation services were delivered by the National Probation Service (NPS) and 21 Community Rehabilitation Companies (CRCs) across England and Wales.

Following a consultation on the probation system, in June 2021 all sentence management in England and Wales was brought back under the responsibility of the Probation Service.

There are 11 Probation Service areas in England and one Probation Service area in Wales, with each area overseen by a Regional Probation Director (RPD) who is responsible for the overall delivery and commissioning of probation services in their area.

Probation Service Areas:

North East
North West
Yorkshire and the Humber
Wales
East Midlands
West Midlands
South West
South Central
East of England
London
Kent, Surrey and Sussex
Greater Manchester

Voluntary sector and private sector organisations are commissioned to deliver rehabilitation and resettlement services through the probation Dynamic Framework.

A limited number of rehabilitation and resettlement services were commissioned to go live on day one of the reunified model. These were under contract lots for Accommodation; Education, training and employment; Personal wellbeing; and Women – specialist holistic services to support women under probation supervision.

Organisations bid for these contracts over a series of call-off competitions from August 2020, with successful organisations announced in May 2021.

Commissioning of Day One services

Though competitions for day one services under the reformed probation model were conducted centrally by HMPPS, from June 2021, responsibility for commissioning services lies with the Regional Probation Director (RPD) appointed in each Probation Service area.

For 2021-22 there is a total national budget across all 12 probation areas of £12.5m and RPDs have developed commissioning plans. Each regional probation area has been allocated funding for core sentence delivery services (i.e. the Finance, Benefits and Debt, and Dependency and Recovery service categories).

There is no assigned budget however for other service categories, (i.e. services for racially minoritised people, restorative justice and cognitive and behavioural change).

The Regional Outcomes and Innovations Fund (ROIF) is available as an additional source of funding for non-enforceable activity. In 2021/22 this totals £5m nationally, but will likely increase to £20m in 2024-5 across England and Wales.

Greater Manchester

HMPPS will not be procuring day one services for Greater Manchester through the Dynamic Framework. HMPPS are co-commissioning these services with Greater Manchester Combined Authority (GMCA) and will be procuring them through GMCA procurement routes.

Initially, GMCA split the commissioning into five contract lots:

Accommodation
Employment, Training & Education (ETE) and Finance, Benefit & Debt (FBD)
Dependency & Recovery
Personal Wellbeing - which has been split into three separate specifications
- Peer Support
- Emotional Support
- Family Support
Women

GMCA has committed to working with Clinks and other voluntary sector leads in Greater Manchester to ensure that the sector has the resource to engage in the process. Clinks hosted some engagement and market warming events on behalf of GMCA at the end of 2020 and beginning of 2021 and we will continue to keep the voluntary sector informed and up to date of the procurement process.

GMCA is using The Chest portal to procure contracts - instructions on how to register and use the portal can be found by following the link.

Reducing reoffending plans

Each of the 12 Regional Probation Directors (RPDs) has published a Regional Reducing Reoffending Plan, which sets out how they will work with partner organisations to cut crime and make communities safer by reducing reoffending. RPDs bring together direct delivery of sentence management, unpaid work and interventions with significant regional commissioning budgets for rehabilitative services. The plans, which will be renewed annually, allow RPDs to highlight specific priorities and ambitions for their individual regions. They also reflect and align with the broader HMPPS approach to reducing reoffending - strengthening supervision, engaging people in rehabilitative activity and improving the support they receive to resettle in the community.

Future commissioning opportunities

Although a number of rehabilitation and resettlement services have already been commissioned, it is expected that there will be more opportunities available for the voluntary sector in the future.

All future opportunities will be commissioned through the Dynamic Framework. The Dynamic Framework is a system which organisations can qualify onto in order to bid for/apply for contracts and grants to deliver rehabilitation and resettlement services. Clinks would encourage all organisations who can demonstrate expertise in delivering rehabilitative and resettlement services to qualify on to the framework now to ensure they are able to apply for future opportunities.

The Dynamic Framework will exist until 2028, although this could be extended to 2031. It will be used by commissioners including Regional Probation Directors and potentially others such as Police and Crime Commissioners to commission additional services targeted at specific groups. Each Regional Probation Director has a Regional Outcomes and Innovation Fund (ROIF) to commission non-enforcement activity.

Service categories are the types of services that will be commissioned under the Dynamic Framework. There are 14 service categories:

Accommodation
Finance, Benefits and Debt
Education, Training and Employment
Dependency and Recovery
Family and Significant Others
Lifestyle and Associates
Emotional Wellbeing
Social Inclusion
Women
Young Adults (18-25 years old)
Black, Asian, Minority Ethnic (BAME)
Restorative Justice
Cognitive and Behavioural Change
Service User Involvement

New commissioning opportunities will be communicated through the Ministry of Justice’s commissioning portal and potentially Contracts Finder . Details of opportunities and market warming events may also be included in Clinks’ weekly ebulletin Light Lunch.

The Ministry of Justice’s commissioning portal: Jaggaer

All relevant information about commissioning is hosted on Jaggaer (formerly known as Bravo), which is the name of the Ministry of Justice’s commissioning portal. To access this, organisations need to log in to the system. If you do not already have an account you will need to register here. If you are unsure whether you already have an account, you can email esourcing@Justice.gov.uk and the team will check for you.

If you have any questions or need additional support contact the MoJ central support team on 0845 0100 132 or email: esourcing@justice.gov.uk

Creating an account on Jaggaer does not automatically qualify you onto the Dynamic Framework. To do this your organisation must complete the Dynamic Framework ‘Selection Questionnaire’.

Read this short guide from HMPPS about how to qualify onto the Probation Services Dynamic Framework.

Qualifying onto the Dynamic Framework

Qualification is the process by which organisations apply to be on the Dynamic Framework. There is no cost to qualify onto the Dynamic Framework. To qualify, you need to:

Demonstrate experience and provide case studies relevant to the need category that you are interested in, as well as answering standard selection criteria (e.g. essential information about the organisation; whether there have been convictions for fraud or corruption)
Accept the standard framework agreement which contains various terms and conditions which will apply to any contracts and grants awarded under the framework
State your geographic areas of interest (though this will not be assessed until call-off stage).

Organisations will receive feedback on an unsuccessful application. After an unsuccessful application, you will have two more attempts to apply to be on the Dynamic Framework. If you are unsuccessful after the third application, there will be a six-month period before you can apply to be on the Dynamic Framework again.

Once you are logged in to Jaggaer, follow these steps to get to the Dynamic Framework:

Click on ‘PQQs open to all suppliers’
In the search bar type ‘Probation Dynamic Framework Selection Questionnaire’. Click on the event titled ‘PQQ_205 - Probation Dynamic Framework Selection Questionnaire’
Click ‘My Response’ Box and ‘Edit Response’. Relevant information, including the standard framework agreement can be found under ‘Buyer Attachment’. Once you have completed all sections ‘Submit Response’.

Accessing materials about upcoming opportunities

Through the Dynamic Framework portal, the Ministry of Justice shares details about upcoming opportunities. This is often referred to as ‘market warming materials’ which includes documents about an upcoming tender competition including expected timeframes.

Market warming information will be shared via the portal messaging system. Once registered on the portal, you should receive email updates from Jaggaer, however you can also check your account for messages:

Click on ‘PQQs open to all suppliers’
In the search bar type ‘Probation Dynamic Framework Selection Questionnaire’. Click on the event titled ‘PQQ_205 - Probation Dynamic Framework Selection Questionnaire’
Click ‘Messages’ and ‘received messages’.

Accessing live opportunities - Call off Invitation to Tender (ITT)

When a commissioning opportunity goes live, this is called a ‘Call Off Invitation to Tender (ITT)’.

Once an opportunity goes live, only organisations qualified on the Dynamic Framework, under that relevant Framework Service Category, for that region, will be able to submit an Invitation to Tender (ITT). The call off will include a financial threshold which can mean additional requirements – for example, for contracts over £1million, organisations would need to meet the financial criteria to bid for work with that value. You can update your Selection Questionnaire at any time to include new service categories you are interested in.

Checklist for submitting an ITT

Completed Quality Response Templates
Completed Financial Model Template
A signed and completed Conflicts of Interest Declaration in the form
A signed and completed Form of Tender
Completed Call-Off Contract Information Template
A signed and completed Submission Checklist

Cyber security information

The Dynamic Framework requires that all suppliers demonstrate cyber security to a level that meets or exceeds the Information Assurance for Small and Medium Enterprises (IASME) Governance standard. This is to:

Show your commitment to cyber security
Prove that your organisation’s systems can safely handle personal data
Ensure you gain access to government contracts.

IASME helps organisations reduce their risks to cyber security issues, and protect themselves against possible threats.

Cyber Essentials Basic

Under the Dynamic Framework, Cyber Essentials Basic is the minimum requirement for suppliers to win call-off contracts.

This is a self-assessment option that protects you from the most common cyber threats. Once your assessment is complete, a qualified assessor will verify the information you have provided.

Cyber Essentials Plus

To qualify for most contracts with the Ministry of Justice (MoJ), Cyber Essentials Plus is the level required to provide services. Cyber Essentials Plus must be gained at least one month before you intend to begin services with the MoJ. This level is a more extensive and technical cyber security verification.

However, in most cases, the MoJ will require all suppliers to eventually obtain IASME Gold to bid for contracts.

IASME Governance Audited (IASME Gold)

This is the highest level of IASME certification. IASME Gold covers the same IT areas as the self-assessed version, but also includes your systems and processes being assessed by a certified body.

This level is a more personalised level of assessment with your chosen assessor. The audit typically involves staff interviews, as well as documentation and system reviews.

Your IASME Gold certification must be renewed every year, which includes a review of your systems and processes. A full audit takes place every three years.

More information about the requirements can be found here.

Developing partnerships and supply chains

To support the development of supply chains, the MoJ publish a list of all organisations qualified on the Dynamic Framework and which category they have qualified for. If you are an organisation looking to deliver part of a particular service that is being commissioned, and you want to look at developing a partnership with another organisation that might be the lead bidder, this list of organisations will be useful.

To access the list of qualified organisations on the Dynamic Framework click on ‘PQQ Detail’. Click ‘Buyer Attachment’ and access the folder ‘Live Dynamic Framework Providers’.

Organisations will be required to name key subcontractors and will have to seek permission to switch or terminate key subcontractors in order to protect against organisations being used as ‘bid candy’.

There’s a preclusion against organisations requiring sub-contractors to enter into exclusivity agreements.

Organisations that lead the delivery of a contract will be required to report annually on their supply chain to provide transparency and visibility, which was a key recommendation of our TrackTR research.

Read Dynamic Framework FAQs from HMPPS here

Grants

HM Prison and Probation Service (HMPPS) have committed to developing a grants scheme to enable Regional Probation Directors to fund work outside of the current commissioned contracts to improve people’s engagement in, and experience of, probation and other rehabilitation activities; and to support people’s individual rehabilitation and desistance journey. Probation grants will be funded through the Regional Outcomes and Innovation Fund (ROIF), which will support people on probation with protected characteristics or shared experiences and provide general support to reduce reoffending.

Clinks would encourage all voluntary sector organisations to register onto the new Probation Grants Application Portal. Organisations already qualified onto the Probation Dynamic Framework will not automatically be registered for the portal. The Dynamic Framework will be the purchasing system used for contracts only. The Probation Grants Application Portal is a completely separate purchasing system that will be used for grants only. To access information and to apply for grants you must register on the Probation Grants Application Portal through the Jaggaer system.

To register on the grants portal, you must first log onto the Jaggaer system. If you do not already have an account you will need to register here. If you are unsure whether you already have an account, you can email esourcing@Justice.gov.uk and the team will check for you. Once you have logged into Jaggaer follow these steps to access the grants portal:

Click on ‘PQQ’s open to all suppliers’.
Select the ‘Probation Grants Application Portal’.
When you click on the grants portal, you will be taken to a screen with some basic details. Here you have the option to express an interest – clicking this will move the Grants Portal PQQ into the ‘My PQQ’ page on your Jaggaer homepage and enable you to submit a questionnaire response.
Once you have expressed an interest, you will be able to access all documents within the PQQ and receive/submit messages.
You should then click ‘intend to respond’ to start the questionnaire response process.
Once you have completed all fields and are ready, click 'submit response'.
You will be alerted to the outcome of your questionnaire submission by message within the PQQ.

Once qualified onto the portal you will receive email alerts when new grant opportunities become available. You will only receive updates for the Probation Region you have selected in your submission.

Clinks Development Officer - North, Natalie Maidment, has written a blog outlining what the launch of grants for probation services means for the voluntary sector.

HMPPS have produced a step-by-step guide to completing the grant portal application form and Grant Application Portal Organisational Information FAQs, both of which can be found here.

Our members

Voluntary organisations working in the criminal justice system have a long history of providing services that complement and supplement probation services. Indeed, the probation service has its roots in the voluntary sector.

In modern times, the role of voluntary organisations has become distinct from that of statutory probation services. Probation services are responsible for delivering the sentence of the court. Voluntary organisations provide wrap-around services to enable and support individuals to undertake and complete their sentence and go on to live fulfilling lives.

This support includes help with accommodation, employment and education, drug treatment, and debt advice as well as projects or services specifically for particular cohorts such as women and young adults.

Clinks thinks

Voluntary organisations working in the criminal justice system must be properly engaged and treated as an equal partner in the design and delivery of probation services.

To nurture local partnerships, each probation region should develop a multi-agency network that brings together key partnership organisations to inform the design and delivery of services.

What Clinks is doing

Throughout the probation reform process, Clinks has worked to ensure the voices of voluntary organisations working in criminal justice and the people they support are heard by HMPPS and the MoJ:

We published influential research into how Transforming Rehabilitation impacted the voluntary sector.
We ran a series of consultation events with voluntary organisations, HMPPS and MoJ across England and Wales which shaped our response to the government’s consultation.
We have published a series of blogs and briefings to ensure the voluntary sector have the information they need.
In March 2020, HMPPS published a Target Operating Model for probation, which outlined the new structures of the reformed probation model. Clinks published a briefing that summarised the key information and considered how the proposals will impact the voluntary sector.
In March 2020, we set up a Special Interest Group of the Reducing Reoffending Third Sector Advisory Group (RR3) on probation reform, and convened six meetings to June 2021 to provide advice to government on various issues including the design of the dynamic framework, the mobilisation of day one services and the commissioning of future services.
On 17th February 2021, Clinks made a statement expressing concern that small organisations are again being shut out from opportunities to deliver probation services.
On 26th May 2021, HMPPS announced which organisations will deliver contracts to provide resettlement and rehabilitation services. Clinks published a video statement and a blog looking at what this means for the voluntary sector.

On 8 March 2022, we launched a report on the voluntary sector's experience of the probation reform programme during the commissioning of day one services. The report draws on evidence gathered from a survey of 241 voluntary organisations and interviews with eight organisations between May and July 2021.

It finds that the commissioning process was complex, cumbersome and bureaucratic and the financial costs of working to be involved were significant. Organisations also found it challenging to receive support from HM Prison and Probation Service (HMPPS) when they had difficulties. Many small, specialist organisations were unable to engage with the commissioning process due to the financial thresholds that needed to be reached, the geographical footprint of contracts and the information required during the process.

The report makes nine recommendations aimed at supporting future commissioning processes. At the report's launch event Jim Barton, Senior Responsible Officer for Probation Reform, HMPPS outlined the work currently underway to respond to our findings.

Watch our Dynamic Framework briefing events

To support organisations to understand the Dynamic Framework and what it means for them, we ran a series of online events alongside HMPPS, which covered the commissioning processes, IT standards, and information and guidance on building partnerships and consortia. Watch recordings of these events below.

Introduction to the probation Dynamic Framework

This session introduces the commissioning of probation services via the Dynamic Framework and explains the IT security standards required to engage in the Dynamic Framework. It was held on 24th June 2020.

Building partnerships for the probation Dynamic Framework

This session gives information and guidance on building partnerships and consortia, covering best practice in all areas of consortia development and implementation in the context of the multi-service lots being commissioned. It was held on 1st July 2020.

Ensuring probation reform meets the needs of racially minoritised people

This briefing event explains how the reformed probation service intends to meet the needs of racially minoritised people under probation supervision and engage organisations that are led by and focussed on racially minoritised people in service delivery. It was held on 16th September 2020.

Information security and data protection requirements

This session covers the information security and data protection requirements for the probation Dynamic Framework with a focus, in particular, on the requirements for day one call-offs. It includes a discussion of what, if any, further support organisations think they might need to be able to meet the requirements. It was held on 15th September.

Keep up to date

Clinks will continue to influence the probation reform programme on behalf of the voluntary sector and keep organisations informed in a way that is timely and accessible. We will be publishing regular blogs and briefings, as well as providing regular updates on Twitter and in our weekly Light Lunch email updates.

For more information, read our publications and our blogs on probation reform

Advising the Ministry of Justice

Throughout the development of the unified probation service Clinks has worked closely with Ministry of Justice and HMPPS to ensure that challenges and barriers for the involvement of the voluntary sector are recognised and removed.

Clinks provides the chair and secretariat for an advisory group to the Ministry of Justice. The Reducing Reoffending Third Sector Advisory Group’s (RR3) purpose is to build a strong and effective partnership between the voluntary sector and the MoJ.

At various meetings with the Ministry of Justice, the RR3 has fed back its views about the review of probation. Read the latest meeting notes.

In 2016, the RR3 convened a special interest group on supporting effective mentoring through the gate to explore how to provide effective mentoring for men and women resettling in the community after a prison sentence. It considered the role and contribution of voluntary organisations in pioneering this approach and the impact of probation commissioning and contracting arrangements and funding on voluntary organisations’ ability to deliver effective mentoring. The group made recommendations to voluntary groups, the Ministry of Justice and other relevant parties.

In April 2020, the Reducing Reoffending Third Sector Advisory Group (RR3) set up a special interest group on probation, to provide a formal avenue to channel voluntary sector advice to HMPPS, ahead of the planned implementation of a reformed probation model. Read the latest notes from this special interest group here

To mark the launch of the reformed probation model in June 2021, the Reducing Reoffending Third Sector Advisory Group (RR3) special interest group on probation reform has published its final report.

The report reflects on the key learnings from the group, which we hope can help shape improved commissioning processes and better partnership working in future probation services.

We continue to engage with MoJ, HMPPS and Regional Probation Directors to ensure the voluntary sector is a central partner to the Probation Service.

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