I wanted to give an update on some of the work happening on some of the key issues affecting the sector at the present time. There’s a lot going on- for everyone working in the CJS voluntary sector. It’s a challenge to stay up to date and to know what information is out there and where it needs to get to. But we are totally committed to being useful to you in making sure you are up to date and that we are up to date about what you need to know.
If there are other issues you feel we aren’t keeping you up to date on, then please drop us a line and we can add these updates into our blog and event schedule.
In recent months, Clinks has been engaging extensively with officials regarding particular challenges raised by the sector. The concerns raised have centred primarily on ongoing challenges around vetting and on the funding process of the Dynamic Purchasing System (DPS) in prisons. Progress from HMPPS’ side on resolving these issues was initially stalled by the General Election, and then further by the time and resources that needed to be dedicated to the implementation of SDS40. We are keeping pressure on while being cognisant of the additional challenges the prison and probation services are facing at this time. It is our firm belief that voluntary organisations need to be better enabled to work with people in prison and under probation supervision.
We raise issues as they arise with relevant teams and through the forums we run or take part in. These include the Third Sector Strategic Partnership Board, the RR3, the commissioning forum, HMPPS’ Independent Advisory Forum and less formal but regular engagement with teams and leads. Some of this work is led directly by Clinks staff, or with leads from the sector including RR3 members with specialisms.
Since 2021, regular forums between the MoJ, HMPPS and Clinks have been held to create a space for ongoing engagement on commissioning rounds that involve the voluntary sector working in criminal justice. These commissioning forums have previously taken place on a quarterly basis, however as a result of the general election they were paused, and we look forward to them recommencing in January 2025. Alongside the quarterly forum, Clinks holds regular meetings and direct communication routes with leads within the HMPPS commercial teams to raise any voluntary sector questions and concerns.
DPS:
On the DPS, concerns have been particularly acute given that DPS funding makes up a significant proportion of the income of many small, specialist voluntary organisations who receive statutory funding. Organisations have raised concerns over a real lack of clarity with regards to DPS commissioning activity over the remainder of this financial year, conflicting messages and a lack of coherence between central systems and local practice. There is also currently no clarity on DPS commissioning capacity and activity into 2025/26 and these issues are putting real and undue pressure on organisations ability to deliver and plan.
We have continued to engage with statutory stakeholders, including with the HMPPS commercial team, on the feedback we have received from a broad range of members. Concerns were then escalated further via the RR3 seat holders for prisons and for small organisations.
HMPPS HQ state that there has been no freeze on DPS commissioning activity and that all governing governors have used their allocation for this financial year. Prisons will be receiving communication in the coming weeks regarding their indicative DPS budget for 2025/26, which they will be asked to plan against, in preparation for delivery from 1st April 2025. This will sit alongside a new round of commissioning and ITTs that can begin once indicative budgets have been received.
We are continuing to work to influence those budgets and the conditions around how funding is used so that it better understands and responds to how voluntary organisations best support people.
We will continue to push for better information flow on this and if organisations are getting confused or conflicting messages to what we’re hearing from central HMPPS, please do get in touch so we can raise these immediately.
Vetting:
Engagement on vetting challenges has taken place over a longer period, beginning with voluntary sector collaboration on a briefing paper setting out the challenges organisations were facing in getting staff vetted. This was followed up by a recommendations paper that was subsequently shared with the MoJ and HMPPS. We know that vetting is a major barrier and an essential part of successful delivery of any project or service. Regardless of how a service is funded, without staff and volunteers efficiently cleared you can’t do what you need to. Without a clear process that makes sense in different situations and settings, you can’t run the types of projects and services you need to support the people you’re founded to serve.
In February, the members of the RR3 wrote to HMPPS’ Director General of Operations, Phil Copple, about the ongoing impact of HMPPS’s vetting processes on voluntary organisations. This resulted in a subsequent meeting with HMPPS’ Operational Security Group Director, Andy Rogers, at which a two-stage process for finalising the new vetting process was set out.
The first stage covers the formulation of a decision-making framework governing vetting processes. This framework will set out the range of offences that will never be considered when people apply for vetting via HMPPS. There will also be a ‘sliding scale’, set out within the framework, in terms the length of time since conviction (depending on offence) that will be required before a person can be successfully vetted. There will be flexibility depending on the offence. Applications will be scored and if falling under a certain threshold, vetting will be successful. For those that breach the threshold, cases will be passed onto the complex casework team. Further, it has been proposed that when a person cannot be vetted due to the nature of their offence, they can have their case heard by a panel led by the Director General of Operations, Phil Copple, who will be able to give that particular case ‘approval’ to work in limited circumstances. This will not be full vetting.
The second stage will comprise of a policy framework which will ensure the implementation of the decision-making framework and set out what level of vetting is required for people working in the criminal justice system. The policy framework will be informed by engagement with the voluntary sector, through a series of workshops. We are engaging further with the HMPPS Operational Security Group Director to gauge the timeframe for these workshops, and to understand how the sector will be able to engage in these processes.
Update - 31/10/24
Subsequent to the above on vetting, we are able to provide further information.
Decision making framework
The decision-making framework for vetting has now been signed off by HMPPS' Senior Leadership Team, and has been applied to directly employed staff of HMPPS. This framework sets out ‘red line’ offences and roles, and also sets out a distanced travel tool from conviction to vetting – the majority will need 10 years from conviction. We will be receiving an overview of this framework which will we share with the sector. National guidance will be made available, including mandatory guidance as to what cannot be done locally.
Policy framework
The policy framework will operationalise the decision-making framework and focus on levels of vetting, including standard plus arrangements and is due for publication in the Summer of 2025. This framework will be informed by a number of workshops in January and February, that voluntary organisations will be able to contribute to, alongside operational leaders. Clinks will provide further information on this in due course.
Vetting for people with lived experience
We also raised the specific issue of vetting challenges for people with lived experience. It was confirmed that we will now be able to engage with a single point of contact within HMPPS’ security directorate that can help address issues around lived experience vetting. National guidance will be made available, including mandatory guidance as to what cannot be done locally.
Complex case panels
HMPPS confirmed that the appeal process will be run via complex case panels, through which organisations can engage on the issues that their staff are facing and the mitigations that can be put in place to ensure successful vetting. HMPPS will be sharing further information on these panels and the appeal routes.
Please do get in touch if there are other concerns or issues you want to be updated on and please do attend our Clinks networks and forums. We are only ever going to be able to change things together – using your expertise and intelligence of what it's like working alongside the system, and our links and connections.
Anne Fox
Chief Executive Officer
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The role is for a leader from an organisation focused on racially minoritised people, with expertise in service delivery, policy, advocacy, or related areas in criminal justice. Racial disparities are present at every CJS stage. This role ensures these voices are central in shaping policy to help address and eradicate them. Apply by Mon 18 Nov, 10am. More info: https://www.clinks.org/voluntary-community-sector/vacancies/15566 #CriminalJustice #RR3 #RacialEquity