Following the publication of our recent blog, "SDS40 Policy and Next Steps," Clinks has hosted six online roundtable discussions, engaging with over 300 participants to explore the impact of the SDS40 policy on the voluntary sector working in criminal justice. These discussions, held throughout August, focused on key areas such as women’s health and accommodation support, substance misuse, and support for families.

SDS40: Policy recap

In response to ongoing prison capacity pressures, the government has announced a policy change concerning standard determinate sentences, reducing the automatic release point from 50% to 40%. Certain offences will be excluded from eligibility - including sentences for serious violent offences of four years or more, as well as sexual offences. There will also be exemptions for domestic abuse-connected offences such as stalking, coercive behaviours and breach of restraining orders, and for national security offences.  

Eligibility is based on the index offence (sentence currently being served), and not on previous offence history or risk of serious harm level. The policy will be reviewed in 18 months, and implementation will be phased, with two commencement dates - on 10th September for those serving sentences of less than five years, and on 22nd October for those serving sentences of more than give years. SDS40 replaces the end of Custody Supervise License (ECSL) scheme, which will end on 9th September. 

HMPPS has been working to recalculate sentences and to share relevant data with probation services, as well as with a range of voluntary sector organisations who work with people in the run-up to, and on, release. This preparation is crucial for ensuring that support is in place for those who will be released earlier than previously anticipated.

Key takeaways for the Voluntary Sector:

Accommodation

• Referrals to Community Rehabilitation Service (CRS) providers should be made as soon as possible, allowing applications to local authorities and work with CAS3 providers to begin without delays.
• Strong partnership working with local authorities is crucial, especially around completing housing assessments in custody and ensuring duty-to-refer processes are timely. Attendees also suggested additional resources, such as housing officers dedicated to people leaving prison.
• Providers need early access to data to focus resources effectively. Ideally, this data should be available pre-referral to avoid delays from probation reviews, helping CRS providers identify and allocate resources efficiently.
• The criteria for approving accommodation providers is strict, so streamlining assurance activities could help bring more providers on board.
• Utilising and maximising CAS3 provision, while simplifying the access process and allocating more resources for community probation, is a priority.
• Temporary funding for staff is needed to help the voluntary sector manage the increased caseload due to the rise in releases.
• Participants stressed the need for clarity on the referral process for Community Rehabilitation Service (CRS) providers and the anticipated impact on women’s access to housing, safeguarding, and mental health support.
• There is a pressing need for varied accommodation options tailored to women’s needs, particularly for those who are imprisoned far from home. Access to safe and suitable accommodation, including additional bed spaces and intensive support, was identified as a critical issue.
• The importance of investing in Departure Lounges, the example of HMP New Hall was highlighted. These facilities currently operate with limited resources, and there is a strong case for enabling the voluntary sector to staff them more effectively.
• On the days of release (10 September and 22 October), attendees recommended diverting additional staff into prisons to provide essential housing-related advice and support.

Women's Health:

An overview of what is being done to meet ongoing health needs and ensure continuity of care was provided by colleagues from NHS England, Health and Social Care team in HMPPS which included:

• Prioritisation of continuity of care and medication management is important, including prescribing to sustain substance misuse treatment, provision of contraception and sign-posting to services for self-referral.
• To support continuity of care GP registration will be supported via GP to GP transfer of records, where an individual has chosen to register with prison GP. In other cases, hand-held records will be issued. Home area may be different to discharge area depending on accommodation.
• Work with local substance misuse teams and local Integrated Care Boards (ICBs) to keep GPs and other local agencies informed about women being released is in process, and lack of address should not prevent engagement as individuals will be able to use the local GP surgery as their address to access health services on release. People in special allocation service (for those who may have been violent to GPs in the past) will also be supported to engage.
• There are some amendments or exceptions available to the standard Reconnect offer in place. Generally, people would be engaged from up to 12 weeks pre-release and 6 months post-release, with a 28 day window for re-referral. This 28 day re-referral rule has been relaxed to allow for people to re-engage more flexibly if needed. All teams to work with healthcare staff in prison to ensure referrals are happening, with Reconnect staff going into prisons to promote engagement. This general push on Reconnect services, includes cross-border principles, allowing someone being released from one area to be assessed in that area and referred into a new area to access local services.

Substance Misuse:

• While there was optimism regarding the focus on housing, concerns were raised about the impact of out-of-area placements on access to substance misuse services. The possibility of utilising specialist housing within the drug and alcohol sector was discussed, along with the need to ensure prison healthcare teams are aware of these options.
• A pathway for individuals leaving prison to move directly into residential rehabilitation was proposed, underscoring the importance of strong communication between sectors.
• The conversation around SDS40 has tended to focus on clinical support, but attendees emphasised the need for less formal community support, such as mutual aid and recovery networks, to be part of the strategy.
• Concerns about the consistency of post-release prescribing (FP10s) and the availability of substitution therapy were noted, particularly in light of recent Prisons and Probation Ombudsman (PPO) reports highlighting the risks faced by those on substitution therapies.

Women and Children:

• Specific issues were raised regarding support for women and children, including the need for proactive engagement with pregnant women being released under the initial tranches of SDS40. Ensuring that children’s services and safeguarding teams are informed and involved is crucial.
• The policy change also affects care proceedings, with some individuals now able to participate due to revised release dates. This necessitates close coordination with children’s services.

Families:

• As in other meetings, the value and effectiveness of departure lounges in smoothing the transition for people leaving prison were highlighted, including the provision of clothing packs, toiletry packs, and other essentials.
• Some sector organisations have access to "glass pool grants" that can be used to provide necessary items on release, emphasising the importance of early communication and engagement with HMPPS colleagues to support people leaving prison and their families effectively.
• HMPPS committed to reinforcing engagement with Family Services providers and considering the use of Tea Bar income to support families or individuals during the release process, as communicated to all Heads of Reducing Reoffending and Governing Governors.

General observations

• While the number of releases in September may not be as high as initially anticipated, October’s tranche, which includes individuals serving longer sentences, could present more complex challenges. Maintaining momentum and focus through both tranches is essential.
• There is a system in place in the North West to identify previously unmet needs at the point of release, and it’s important for other regions to adopt similar approaches. This will help ensure that support is directed to those who need it most.
• The renewed focus on partnerships and support for people being released from prison under SDS40 also highlights existing gaps in provision. This presents an opportunity to improve routine processes and better support individuals as they transition back into the community.

Next steps for the sector

With the first major release date of 10 September approaching, we encourage you to share your experiences by email to help Clinks continue to advocate on behalf of the sector. For localised support or access to data, please reach out to your regional contacts.