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Clinks Members' Policy Briefing | May 2018
- Policy work at Clinks
- Government announcements
- Publications
- Blogs
- Extra information
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Transforming rehabilitation
Clinks' third and final trackTR report on the voluntary sector’s experience of the changes to probation services has been launched, ‘Under represented, under pressure, under resourced’. The report confirms that Transforming Rehabilitation has failed to sufficiently involve the sector. The voluntary sector’s services are under pressure and under resourced, and charitable funds are being used to deliver the quality of services we want and need from our probation services. The majority of the 132 voluntary organisations we heard from believe that their service users are suffering as a result. The report contains 11 practical recommendations we believe can make a difference, and help us to understand what the next generation of probation services could look like.
Clinks’ chief executive Anne Fox was interviewed for Charity Finance magazine about Transforming Rehabilitation. She outlined the findings from our TrackTR research that voluntary organisations are subsidising services delivered as part of contracts with Community Rehabilitation Companies with charitable funds, and that the National Probation Service is failing to contract services from voluntary sector providers.Consultation responses
In December 2017 the government published a green paper on transforming children's and young people’s mental health provision. Clinks contributed to the Young People’s Health Partnership response and recommend that mental health support teams provide young people with support at an earlier stage to help prevent involvement in the criminal justice system. The government plans to change the existing organ donation system to an 'opt-out' system instead of the current ‘opt-in’ system. It consulted on what can be done to ensure the legal system and NHS support people’s decisions to donate wherever possible. Clinks’ response to the consultation focuses on the potential impact of the proposed changes to consent for organ and tissue donation on people in the criminal justice system and their families, and was informed by feedback collected from Clinks members. Clinks has published a response to the consultation by the National Institute for Health and Care Excellence (NICE) on its draft guidance on preventing suicide in community and custodial or detention settings. Our response is informed by previous work by the Reducing Reoffending Third Sector Advisory Group to the Ministry of Justice on effective care and support for people at risk of suicide and self-harm in prison.Meetings
Clinks attended the Equality and Human Rights Commission ‘Race roundtable: How fair is Britain?’ at which we highlighted the importance of transparency in the Ministry of Justice’s implementation of the Lammy Review findings and the need to continue to ensure the voluntary sector, and in particular black, Asian and minority ethnic specialist organisations, working in criminal justice continue to be engaged.Publications
Clinks has published 'The Good Prison: Why voluntary sector coordination is essential', which makes policy and practice recommendations for prisons, Her Majesty’s Prison and Probation Service, Her Majesty’s Inspectorate of Prisons and the voluntary sector working in prisons. Between September 2016 and October 2017, Clinks supported a voluntary sector member of staff in three prisons to implement a bespoke model of voluntary sector coordination reflective of the needs of each prison’s population. This report summarises learning from the project and outlines how it can be applied – and the outcomes achieved replicated – in order to deliver safer and more rehabilitative prisons. Clinks has published a briefing on the Reducing Reoffending Third Sector Advisory Group (RR3) to the Ministry of Justice. It explains: what the RR3 is, how it recruits its members, how it works and the special interest groups that have been generated from it, as well as its key achievements.Black, Asian and minority ethnic people
The Young Review into improving outcomes for young black and Muslim men, of which Clinks is a key partner is recruiting a new Chair. Baroness Lola Young who has chaired the review since 2013 and has been integral to its activities has decided to step down. The Black Training and Enterprise Group who provide the secretariat for the Young review are now seeking a new chair to lead the third phase of its work. [[{"fid":"4240","view_mode":"default","fields":{"format":"default","field_file_image_alt_text[und][0][value]":"Government announcements","field_file_image_title_text[und][0][value]":"Government announcements"},"link_text":null,"type":"media","field_deltas":{"4":{"format":"default","field_file_image_alt_text[und][0][value]":"Government announcements","field_file_image_title_text[und][0][value]":"Government announcements"}},"attributes":{"alt":"Government announcements","title":"Government announcements","class":"media-element file-default","data-delta":"4"}}]] Largest government suppliers required to report on charity subcontractor spend The government has announced that, from 1st May, suppliers with government contracts worth over £5 million per year will have to report on the type and value of all advertised and awarded subcontracts over £25,000. They will have to report how much they spend on subcontracting, and how much they spend directly with voluntary organisations in the delivery of the original contract. Oral evidence: Transforming Rehabilitation The Justice Select Committee heard evidence from the Minister of State for Justice, Rory Stewart; HM Chief Inspector of Probation, Glenys Stacey; HM Chief Inspector of Prisons, Peter Clarke; and Executive Director for Community Interventions at HM Prison and Probation Service, Ian Poree. Rory Stewart recognised national charities rather than small local charities were more likely to win Community Rehabilitation Company (CRC) contracts. Glenys Stacey doubted the ability of the current probation system to deliver and suggested how voluntary sector involvement could be improved: incentivise the provision of specialist services through the payment mechanism; detach the National Probation Service from dependency on CRCs to access voluntary services; and CRCs reporting on their use of the voluntary sector.Cessation of the National Careers Service (NCS) in prisons Minister of State for Justice, Rory Stewart, has written to the Justice Select Committee about the termination of the national careers service in prisons on 31st March. The letter says that any gaps in the service likely to be experienced before the new education providers begin delivering their services from April 2019 can be filled from existing services, such as through Department for Work and Pensions Prison Work Coaches.
Government opens second separation centre at HMP Full Sutton The government has opened a second separation centre at HMP Full Sutton, to house people considered to pose a risk to national security. Those perceived as seeking to influence others to commit terrorist crimes, or whose extremist views are perceived to be undermining good order and security in prison, can also be placed there. A third facility is planned to be in operation by the end of the year.
Serious Violence Strategy The Home Office has published its strategy on how to prevent recent increases in knife crime, gun crime and homicide with a focus on early intervention and prevention. The strategy has four key themes: tackling drug supply networks (known as county lines) between an urban hub and rural areas which exploit vulnerable people, such as young or elderly people; early intervention and prevention; supporting communities and local partnerships across different sectors (including education, health, social services, housing, youth services, and victim services); and an effective law enforcement and criminal justice response. Commitments include continuing to support local voluntary sector and community schemes through further rounds of the Ending Gang Violence and Exploitation (EGVE) Fund.
Criminal Justice System
Probation Supply Chains HM Inspectorate of Probation has released a thematic report on supply chains which finds that “Probation reforms have failed to deliver the aim of ensuring that voluntary and third sector organisations play a central role in providing specialist support to offenders, according to Dame Glenys Stacey, HM Chief Inspector of Probation”. The report highlights that the ‘black box’ contracts which were intended to give Community Rehabilitation Companies (CRCs) freedom to design appropriate services have meant that CRC intentions regarding their supply chains, as expressed in their bids, were not written into contracts. Consequently supply chains have not been established at the anticipated scale. Head of Policy at Clinks, Jessica Mullen, has written a blog welcoming and summarising the report.
Presumed innocent but behind bars – is remand overused in England and Wales? Transform Justice has published a report making 11 recommendations to reduce the number of people on remand. These include: slowing down the court process so there is more time to learn about what risks the defendant poses; halting any increase in the use of video hearings until there is evidence this does not harm the defendant’s chances of being granted bail; supporting defendants at risk of not attending their court hearing to do so; reforming bail legislation to make remand criteria more stringent; and researching how to reduce perceived risks of granting bail to foreign nationals and people accused of domestic violence.
Where did it all go wrong? Crest Advisory has published a report about how greater use could be made of community sentences in England and Wales. It makes 11 recommendations, including: introducing a presumption of community orders over sentences of less than 12 months for young adults in magistrates’ courts; introducing a new target for the National Probation Service to allocate cases to the Community Rehabilitation Company on the same day as the sentencing, and for requirements to commence the week afterwards (or a month in exceptional circumstances); and enabling Police and Crime Commissioners and mayors to commission probation services locally.
Criminal Justice Statistics
Payment by results statistics The government has published reoffending statistics for adults being managed in the community by Community Rehabilitation Companies (CRCs) under payment by results arrangements, and by the National Probation Service for the April 2016 – June 2016 cohort. It only includes the binary reoffending rate (the proportion of people who reoffend during the 12 month probation period) as calculation of the rate for frequency of reoffending will be affected by other cohorts. For the April 2016 – June 2016 cohort 11 CRCs met the binary reoffending target (compared to 9 for the previous cohort). One CRC (Warwickshire & West Mercia) has seen a statistically significant increase in the binary reoffending rate (compared to no CRCs in the previous cohort).
Safety in custody The Government has published its latest quarterly statistics on safety in custody in England and Wales, covering deaths in custody to March 2018 and assaults and self-harm to December 2017. While the number of deaths in the 12 months to March 2018 (229 deaths) has fallen by 13 per cent compared to the previous 12 months, the number of self-harm incidents and number of assaults in the 12 months to December 2017 have risen by 11 and 13 per cent respectively, reaching record highs.
Young people
Children and sentencing: a toolkit The Howard League for Penal Reform has developed a toolkit to help achieve better outcomes for children being sentenced in England and Wales. It was created in response to calls to the Howard League's legal advice line, which has shown that children experience anxiety and confusion about sentencing. It includes: a leaflet for children facing a sentence; a guide for adults supporting children at different stages of the sentencing process; and a list of other links and resources on sentencing children.
A fairer way: procedural fairness for young adults at court The Centre for Justice Innovation and Transition to Adulthood Alliance have published a paper which sets out a model for the process of attending court which responds to the specific needs of young adults aged 18 to 25. Core features of the model include: providing better information to young adults before attending court; ensuring timely probation reports are completed; and following up after hearings to check understanding and next steps. It also sets out a plan for how the model could be implemented, including through convening the right people, securing senior sign-off, and agreeing timescales.
Women
After Holloway: Consultation with women affected by the criminal justice system Women in Prison has published a report setting out findings from a consultation with women affected by the criminal justice system on how they have been impacted by the closure of Holloway Prison and how they would like to see the site used. It sets out the negative impact on the women previously imprisoned there who were subsequently moved to prisons further away from friends and family. The women consulted said they would like the site to be used for supported housing for women affected by the criminal justice system and support services for mental health and domestic violence. They also wanted a women-only space, such as a women’s centre.
Resettlement experiences of street sex-working women on release from prison The Griffins Society has published a research paper by Hazel Renouf on the resettlement experiences of female street sex-workers on release from prison. The study considers the challenges facing women on the day they leave prison and also the wider resettlement process including: what preparation and planning takes place prior to release and the experiences and difficulties encountered by women once they have returned to life in the community. She makes two recommendations to government: for street sex-workers to be given priority access to services on release from prison and for it to be easier for them to apply for benefits before the day of their release.
People with disabilities
Behaviour that challenges The Prison Reform Trust and University of Leeds have published a report which examines sexual offending amongst people with learning disabilities and/or autism. It looks at the challenges faced both by the individuals themselves and the professionals and practitioners who work with them, suggesting practical ways forward and recommendations for improving outcomes. The report explores why people with learning disabilities and/or autism may get into trouble over an alleged sexual offence, which may include a lack of opportunity for appropriate sexual expression; limited knowledge about sex and sexuality; and cognitive distortions or poor understanding of the social sanctions attached to sexual offending.
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