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Clinks Members' Policy Briefing | December 2018
In this month's edition...
Probation
Anne Fox, Clinks Chief Executive Officer and Jess Mullen, Clinks Head of Policy and Communications, participated in a three day challenge panel to feedback on the Ministry of Justice’s (MoJ) proposals for the future design of probation services. It was heartening to see many of Clinks’ and the sector’s concerns being taken on board. Particular consideration is being given to ensuring quality and continuity of support, that vulnerable individuals receive the right services and that the voluntary sector is properly engaged, although this is within the context of a challenging financial climate. Clinks looks forward to seeing the MoJ’s Strengthening probation, building confidence consultation response in the New Year.
Prisons
Anne Fox gave evidence to the Justice Committee’s inquiry into the prison population. In response to a wide range of questions, Anne spoke about the need for an overarching strategy to guide the Ministry of Justice’s direction of travel and connect various work strands including those around education, employment, accommodation and women. Anne highlighted the challenges for voluntary sector services delivering in current prison conditions, the need for voluntary sector co-ordination and improved commissioning practices. The full transcript is available here.
Women
The follow-on Farmer Review into strengthening family ties for women in the criminal justice system held its penultimate expert group meeting where representatives from specialist women’s services, including women’s centres, gave evidence. Clinks is a member of the expert group and led the call for evidence. We are pleased to have received more than 350 responses from women in prison and under probation and over 100 responses from families, as well as a further 32 submissions from experts working in this field. Lord Farmer is aiming to report to the Ministry of Justice in January 2019.
Prisons to deliver rough sleeping initiative The Ministry of Justice has announced that HMPs Leeds, Pentonville, and Bristol have been chosen as the sites for the £6 million pilot programme announced in the government’s Rough Sleeping Strategy. The pilots are specifically aimed at prisoners serving short sentences who are at high risk of returning to prison and aims to help them find and stay in stable accommodation on release. The sites will pilot a new partnership approach with key stakeholders to help provide wraparound support for people on release. People will be assigned key workers and get help with housing benefit top ups and rental deposits.
Successful bidders for the female offenders community investment fund The Ministry of Justice (MoJ) has announced the 12 organisations who were awarded a share of the £3.3 million community investment fund announced in the Female Offender Strategy. The successful bidders include a range of voluntary sector organisations, two Police and Crime Commissioners and a local council. A further £1.7 million of funding which is also part of the strategy will be awarded by MoJ in the coming months.
New specialist search teams in prison New specialist search teams will be rolled out across the prison estate to find contraband including drugs and mobile phones and to disrupt drones and organised crime operating in prisons. The roll-out will cost £4.3 million and there will be a recruitment drive for over 100 specialist prison officers. This is the latest step in the government’s £70 million plan to combat gangs and organised crime in prison.
Clinks publications
The state of the sector 2018 Clinks has launched its sixth annual research report exploring how voluntary organisations working in the criminal justice system (CJS) are faring. This year’s report has a thematic focus exploring how organisations identify and respond to the needs of people protected under the Equalities Act (2010). The findings show that organisations are working relentlessly to support increasing numbers of people coming to them with more complex and urgent needs. They’re developing and delivering new services and working in partnership to share knowledge and resources but increasing caseloads are putting staff and volunteers under pressure. Organisations supporting people with protected characteristics are being hit the hardest by the challenging funding environment, and are seeing more people with complex issues in need of immediate attention.
Arts
Have your say on Arts Council England’s 10-year strategy The National Criminal Justice Arts Alliance (NCJAA) has published guidance for artists and arts organisations working in criminal justice settings to think about how they might respond to Arts Council England’s consultation on its next 10-year strategy. This is an important opportunity to identify how criminal justice work fits in to Arts Council England’s vision and deliver on broader social outcomes by 2030. The NCJAA strongly encourages as many people as possible to respond in order to ensure the sector is recognised in the final strategy. The online consultation closes on 2nd January 2019.
Housing and welfare
Preventing homelessness: It's everybody's business Crisis has made a series of recommendations for a number of government departments to change both their policy and practice in order to help prevent homelessness for people who are at the greatest risk. The recommendations include: for the Ministry of Justice to include successfully meeting long-term accommodation needs as a measure of success in the new probation contracts; for the Home Office to require police to ask every victim of domestic abuse whether they need support with housing; for the Department for Work and Pensions to establish a network of housing and homelessness specialists in Jobcentres; and for the Department for Education to include evidence-based housing-led solutions as part of the support options available for young people leaving care.
It’s hitting people that can least afford it the hardest A study by Newcastle and Teeside Universities on the impact of universal credit (UC) in two locations in North East England concluded that UC is not working for vulnerable claimants and significantly adds to staff workload. The report adds to the growing call for a halt, review and radical overhaul of UC by the government. The process of claiming UC was found to be complicated and demeaning. Managing it with the increase in conditions and threat of sanction exacerbates long-term mental health conditions for claimants. Waiting for payment pushes many into debt, rent arrears and serious hardship, including going without food and utilities. Voluntary sector organisations also report increases in workload pressures and additional costs.
Prisons
Prison Service Journal 240 The latest edition of the Prison Service Journal - a peer-reviewed journal published by HM Prison Service to promote discussion on issues related to prisons and criminal justice more widely - includes a study on ‘Gavelliers Club’ at HMP Grendon. This is a ‘public speaking’ project and part of a therapeutic regime which aims to improve interactional skills. Results indicate improvements in participants’ confidence, team-working and problem solving. There is also an article on the experience of women in prison which highlights the detrimental effect that prison can have on women. The article argues that it is rarely an appropriate, proportionate or necessary response for women who offend and urges instead for holistic, compassionate, and needs-led responses based in the community.
Resettlement
Identification for prison leavers In the second in a series of policy briefings which shine a spotlight on the practical challenges to effective resettlement for prison leavers, Nacro highlights the barriers created by a lack of identification (ID). The briefing provides analysis of four main areas where identification and proof of address are essential and can hinder effective resettlement: universal credit applications; opening a bank account; employment checks; and housing. Nacro suggest three steps to improve outcomes for people leaving prison: for ID to be included in the questions asked at the prison reception screening stage; funding to address a lack of ID before release; and for the acceptable forms of ID, particularly for universal credit claims, to be made clearer and staff appropriately briefed on them.
Race
Faith, Family and Crime AROOJ has published a report on the experience of Muslim families in contact with the Criminal Justice System (CJS) and the barriers they face accessing mainstream support services. The report finds families are suffering from negative mental or physical problems because of the CJS and they often have very little information about the criminal justice processes their relative is going through. The report makes recommendations for criminal justice agencies, funders and the voluntary sector, including for cultural awareness training for criminal justice staff; pre-sentence reports that highlight the cultural environment and support structures available for Muslims in the community; and for organisations to develop action plans to improve the inclusion of ethnic or faith groups that may be under-represented in their services.
Women
Women and the criminal justice system 2017 The Ministry of Justice (MoJ) has released its biennial publication on women in the criminal justice system. The data shows that women continue to disproportionately receive short-term prison sentences, with 57% of women sentenced to three months or less in custody compared with 35% of men. Women also make up a far higher proportion of prosecutions than men for theft (women 48%, men 30%) and fraud (women 9%, men 3%). The figures also highlight that a significantly higher proportion of women report an alcohol or drug problem on arrival at prison. Of biggest concern is the shocking levels of self-harm revealed by the data – women were found to be 135% more likely to self-harm in prison, relative to men.
Making Better Births a reality for women with multiple disadvantages In this report Revolving Doors Agency and Birth Companions look at whether ‘Better Births’ – the NHS vision for maternity services – works for women with multiple disadvantage. Many women involved in the peer-led research experienced co-occurring or recent trauma and high levels of domestic violence. Despite this, specialist mental health services were offered very late in their pregnancies. Voluntary sector services were important for improving outcomes and were highly valued by the women but referrals from maternity services were inconsistent. Recommendations include investment in continuity of care and for local areas to create steering groups involving maternity services, women with lived experience, and the voluntary sector to co-produce a framework for working with women facing multiple disadvantage.
Sentencers and sentenced: exploring knowledge, agency and sentencing women to prison Following an inquiry into sentencing, which Clinks submitted a response to, the All Party Parliamentary Group (APPG) on Women in the Penal System have reported on their findings. The APPG identifies key factors that drive the continued use of short custodial sentences for women despite its ineffectiveness. These are the problems facing probation since the Transforming Rehabilitation reforms; knowledge gaps about women’s circumstances, the impact of prison on them and the provision of women-specific, community services; and the failure to regard children’s rights frameworks. The APPG calls for custodial sentences of less than 12 months to be abolished for women, ‘women’s champions’ to write women’s court reports and ring-fenced funding for specialist women’s services.
Youth justice
Young people, violence and knives The Centre for Crime and Justice Studies has analysed trends and responses to knife-related violence. The Centre found no real evidence that ‘suppressive’ criminal justice interventions, like stop and search or tougher sentences, are just or effective and suggest they may actually be more damaging for their disproportionate and punitive impact on minority groups. Public health approaches – treating violence like a contagion, requiring mapping, analysis, and planning of interventions - appear more effective. However, the report calls for more clarity on what a public health approach means and how it might be implemented in practice. The Centre argues that to achieve long-lasting solutions to knife violence, interventions must address wider social issues of inequality, deprivation, mental ill-health and drug addiction.
The voices of young people under supervision The latest Research & Analysis Bulletin by HM Inspectorate of Probation (HMIP) reports the results of an online survey with young people about their experience of supervision under Youth Offending Teams (YOTs). The results were largely positive with the majority of respondents reporting that YOTs took their views seriously and treated them fairly. However, responses were less positive from black, Asian or minority ethnic respondents. There were also differences for different age groups, young girls and those who reported physical disabilities, emphasising the importance of tailored and responsive interventions from YOTs that take account of young people’s specific characteristics and diverse needs. HMIP reiterates that YOTs should introduce reforms where there is not an evidence-based explanation for disparities.
Nitty Drugs & Broken Trust User Voice has published a report on the impact on young people of escalating drug use in prisons. The findings reveal a much broader sense of the isolation, lack of trust and coping drug use amongst highly vulnerable people. Most participants in the research had used drugs before; one third of them reported using drugs as a coping mechanism to deal with grief and anger. 75% did not trust any type of professional. In examples of good practice, young people had established a trusting relationship with a specific staff member; mental health support was readily available and consistent; and interventions were strengths-based and positive. The solutions young people suggested include earlier intervention; supportive rather than punitive intervention; and support from people with shared lived experience.
The voices of young adult defendants For their latest briefing, the Centre for Justice Innovation spoke to young people aged 18-24 about their experience of a Magistrate’s Court as defendants. The young people spoke about a lack of understanding and information about the court process; feeling as though they had no voice in the process; and being disrespected and treated with habitual neglect by staff. The organisation has developed a model of procedural fairness for courts which it asks to be trialled and tested in Magistrates’ Courts. The model provides information to defendants before courts, enhances engagement during the hearing itself, provides follow-up and supports voluntary take-up of local, community services to tackle wider needs that may be contributing to offending behaviour.
One year after Lammy, where is race equality in the CJS now? Jess Mullen, Clinks Head of Policy and Communications, reflects on the progress made by the Ministry of Justice (MoJ) in tackling racial disparity in the criminal justice system (CJS) and provides further information on Clinks’ work in this area. Jess provides more clarity on: the engagement mechanisms through which MoJ and HM Prison and Probation Service have involved the voluntary sector, including an External Advice and Scrutiny Panel which supports implementation of the Lammy Review; quarterly meetings between Edward Argar MP, Parliamentary Under-Secretary (Ministry of Justice), and voluntary sector representatives working with black, Asian and minority ethnic people in the CJS; and the support Clinks has provided to MoJ’s Youth Justice Policy Unit.
Imprisonment should be the fifth gear of the justice system Anne Fox, Clinks Chief Executive Officer, wrote an article in The Times about the pressures facing the prison system, the impact this has on the voluntary sector and the expertise the sector can offer in developing effective strategies for reform. The prison population at its current level provides little or no flexibility for the system to prioritise rehabilitation and voluntary organisations report being unable to access prisons and prisoners, limiting their impact and putting funding at risk. Imprisonment should be a last resort and Anne urges for the Ministry of Justice to consider how it can ensure that when imprisonment is used, people have access to appropriate services that meet their needs.
Massive rise in released prisoners sleeping rough Russell Webster has written a blog on recent accommodation outcomes for people released from prison based on data released in response to a Freedom of Information request made by Revolving Doors Agency. The data reveals a startling increase in the last two years in the numbers of people released from prison who are sleeping rough as well as a rise in those who are in inappropriate or unsettled accommodation, with women disproportionally likely to be homeless. Russell Webster concludes that these figures show the desperate impact of the Transforming Rehabilitation reforms to probation and poor through-the-gate support; cuts in housing and homelessness support; and the continual decline in the availability of all forms of affordable housing.
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