Summary

This blog provides a detailed overview of the Welsh government's recent announcement on their commitment to create a Memorandum of Understanding (MoU) for the Welsh probation service. It covers:

• The context behind this announcement
• The Wales Centre for Public Policy’s (WCPP’s) findings on the benefits and key considerations for the government in undertaking an MoU,
• Details on His Majesty’s Prison and Probation Service (HMPPS), Welsh Ministers and the Police and Crime Commissioners (PCCs) formal agreement and commitment to jointly produce an MoU,
• The views of the voluntary sector working in Wales on the proposal to create an MoU,
• Key considerations and next steps

The context

On 25 March, Deputy First Minister Huw Irranca-Davies MS published a written statement  on strengthening devolution in Wales, which included further details on the Welsh Government’s desire to devolve probation and youth justice, and their commitment to creating a Memorandum of Understanding (MoU) by the end of 2026.  on strengthening devolution in Wales, which included further details on the Welsh Government’s desire to devolve probation and youth justice, and their commitment to creating a MoU by the end of 2026.  on strengthening devolution in Wales, which included further details on the Welsh Government’s desire to devolve probation and youth justice, and their commitment to creating a Memorandum of Understanding (MoU) by the end of 2026.  on strengthening devolution in Wales, which included further details on the Welsh Government’s desire to devolve probation and youth justice, and their commitment to creating a Memorandum of Understanding (MoU) by the end of 2026.

This MoU will focus on areas where reoffending can be reduced through closer co-operation between the Probation Service and devolved services in Wales and will be informed by the findings of the Wales Centre for Public Policy (WCPP), who were tasked by the Welsh Government to ‘explore the practical mechanisms associated with delivering a Probation MoU.’

Why create an MoU for probation?

Drawing on experience from places such as Greater Manchester, the WCPP published their report, A Welsh way for probation, which suggests that an MoU can provide a non-legislative, flexible mechanism for improving collaboration between probation, Welsh Government, local authorities and the voluntary sector.

An MoU could be a pragmatic step towards the wider devolution of justice responsibilities and could support more local, collaborative and effective probation services in Wales. It could also help Wales strengthen local autonomy without waiting for major legislative reform, while still retaining enough national oversight to ensure consistency. It also makes clear that the success of any arrangement will depend on clear roles, trust between partners and a willingness to start with manageable priorities rather than attempting to change everything at once.

What would make a Welsh MoU approach work in practice?

Governance: clarity and balance

The report articulates the importance of clear, proportionate governance. A successful MoU would need to define roles, responsibilities and decision-making powers early on, while remaining iterative so arrangements can evolve over time. Strong governance must balance national oversight with local autonomy, ensuring consistency without stifling innovation or responsiveness, particularly in rural areas of Wales.

Crucially, governance frameworks should build on existing partnerships, involve the courts, police, health and local government, and include third sector organisations and people with lived experience.

Relationships: trust comes first

The effectiveness of any MoU depends heavily on relationships and trust. The report highlights that partnership working succeeds when organisations share values, particularly a commitment to rehabilitation, and when collaboration is voluntary rather than imposed. Starting small, for example by focusing on specific cohorts or themes such as housing or employability, can help build confidence and buy-in over time.

Mechanisms such as secondments, bridging roles and “honest brokers” can help overcome cultural and organisational barriers between agencies.

Operations: putting people at the centre

The report also argues that MoUs can support probation services by improving information sharing, continuity of care and local flexibility, and highlights the importance of enabling probation staff to use professional judgement and work with small, local voluntary organisations that are often best placed to meet complex needs.

However, this requires changes to funding and commissioning. Consequently, the report calls for multi-year, flexible funding models, pooled budgets where appropriate, and procurement processes that do not disadvantage smaller third-sector providers.

Opportunities and Risks for Voluntary Organisations

For voluntary organisations, the report highlights both opportunities and risks associated with undertaking an MoU. Namely, an MoU could create more meaningful partnerships, stronger local commissioning and better alignment with Welsh policy priorities. Clinks recognises that there is already good partnership working in Wales but welcomes any formal strengthening of this approach. At the same time, short-term funding, complex contracts and data-sharing barriers must be addressed to ensure the sector can participate on a sustainable footing.

Ultimately, the report argues that an MoU approach is viable and potentially transformative for Wales, provided it is carefully designed, properly resourced and rooted in trust. If it starts small, scaling up gradually and prioritising relationships, Wales could develop a probation model that is more rehabilitative, locally responsive and integrated with wider public services, delivering better outcomes for people on probation, victims and communities.

Producing a Memorandum of Understanding

Following the publication of the WCPP’s report, on 25 March 2026, His Majesty’s Prison and Probation Service (HMPPS), Welsh Ministers and the Police and Crime Commissioners (PCCs) formally agreed to jointly produce a Memorandum of Understanding on probation services in Wales by December 2026, with the Welsh Local Government Association expected to join the process as a key signatory.

As a part of their agreement to produce an MoU, they have committed to exploring:

• How to enhance local partnership working, local accountability and locally driven service provision
• Piloting or pursuing Wales wide approaches, where relevant, for the delivery of services
• Mechanisms to simplify co-commissioning of services across multiple agencies
• Opportunities and options for addressing the challenges of pooling of resources between services
• Adopting a statement of key principles for partnership working across the organisations to be adopted across all relevant organisations.

In taking on this work, these signatories have also committed to working in collaboration with operational staff in the Probation Service and other relevant public services (such as health services) working with people under probation supervision, people with lived experience of being on probation, third sector organisations, trade union representatives and academics and other experts.

They will also consult with local areas across Wales on priority cohorts as well as cross-cutting themes, including:

• Building on extant arrangements for young adults (those aged 18-25)
• Building on extant arrangements for women under probation supervision, given that women have distinct needs and drivers behind their offending and reoffending behaviours
• Greater use of Community Hubs to encourage the use of local community-based services to support victims, communities and people on probation
• Issues in securing appropriate and safe accommodation for people leaving prison
• Increased focus on referral pathways into employability and skills provision

As explained in the agreement, ‘the MoU is expected to explore mechanisms which could be applied to allow focus at local levels on one theme or cohort at a time but developed iteratively to allow flexibility to change when needed.’

Lastly, the signatories will explore governance arrangements for the MoU, which will be reflective of other relevant changes within the justice system related to Policing and Youth Justice.

What does the Voluntary Sector working in Wales think of the proposal to create an MoU?

On 23 April, we hosted a roundtable on the future of the probation service in Wales, where we invited organisations share their views on the proposal to create an MoU.

Although they were broadly supportive of this proposal, they stressed that this MoU would need to ensure there is less of a postcode lottery and a wider, whole-Wales vision - and execution - of service provision.

This would mean setting clear, consistent expectations for service provision across all regions in Wales, rather than allowing local variation to determine access and quality. A whole-Wales approach would involve coordinated planning between national and local bodies, shared standards, and equitable funding to reduce disparities between areas. It would also require strong accountability mechanisms to ensure that the MoU is not only agreed at a national level but implemented consistently in practice, with oversight to address gaps or inconsistencies as they emerge.

This would help ensure people across Wales get a more consistent standard of support, regardless of where they live. A whole-Wales approach could also make commissioning, referral pathways, and partnership working more joined up, so services are easier to access and better aligned with probation, housing, health, and education provision. In practice, that should lead to fairer access, less duplication, and better outcomes because organisations can plan around a shared national vision rather than fragmented local arrangements.

To help facilitate this, they recommended implementing a regular review process to hold to account each of the six PDUs (Swansea Neath Port Talbot, Cwm Taf Morgannwg, Dyfed Powys, North Wales, Gwent, and Cardiff and the Vale of Glamorgan) and ensure that they are operating within the MoU.

The organisations we spoke to also warned that services that are commissioned, invested in, or otherwise platformed by the government should not be used as a political tool to get votes.

We will continue to work closely with the voluntary sector operating in Wales and will continue to collate their thoughts as we monitor progress on the proposed MoU.

Next Steps on the MoU

This agreement marks a significant step to reshaping how probation services are planned and delivered in Wales, signalling a shift towards closer partnership working, stronger local accountability and a more flexible approach to service delivery. It sets out an intention to explore how services might be better coordinated across Wales, including simpler co-commissioning arrangements, opportunities to pool resources and a shared statement of principles for partnership working.

For probation in Wales, this is therefore a moment of both opportunity and caution. The MoU could help create a more responsive, locally informed probation service that better fits the Welsh context. However, only time will tell whether the signatories can turn this ambition into a workable model. During this period, we will continue to advocate on behalf of and in partnership with our members and the wider voluntary sector.