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In this month's edition...
Clinks gave oral evidence to the Justice Committee as part of its inquiry into Women in Prison. Jess Mullen, Acting Co-Chief Executive and Director of Influence and Communications, highlighted a range of issues including the need for a whole-prison approach to mental health, the importance of robust screening to identify mental health needs early, and the need for prompt support for mental and physical health needs, before people reach crisis point. Links to the recording of the session and a transcript are available on the Justice Committee website.
The Reducing Reoffending Third Sector Advisory Group (RR3) convened a meeting of its Special Interest Group on Covid-19 in July. This was attended by officials from Public Health England and HM Prison and Probation Service (HMPPS) to discuss regime recovery and the role of mitigations against Covid-19, including vaccinations. The notes from this meeting will be published on the Clinks website in due course.
On 14th July, Clinks held a service user involvement event, where we discussed the value of having people with lived experience of the criminal justice system in trustee and senior leadership roles. We will be holding our next service user involvement event on Tuesday 9th November at 10am.
Beating Crime Plan On Tuesday 27th July, the government published its Beating Crime Plan to set out its approach to reducing crime. Measures described in the plan include the recruitment of 1,000 prison leavers to roles in the Civil Service by the end of 2023; hosting an employer summit to bring business and government together to reduce crime; and trialling the use of alcohol tags on prison leavers in Wales “to help change behaviour and reduce violence and alcohol-related crimes”. The government has also committed to publishing a new cross-government drugs strategy later this year to set out the government’s longer-term ambition to tackle drugs in the coming years.
Changing futures The government has announced the 15 local areas which will form part of its Changing Futures programme, a £64m cross-government initiative which aims to test a more joined-up, person-centred approach for people facing a combination of issues including homelessness, substance misuse, poor mental health, domestic violence and contact with the criminal justice system. The selected areas will receive funding over three years to improve support for this group. The new programme is informed by, and will sit alongside, the existing Making Every Adult Matter (MEAM) Approach and Fulfilling Lives networks. Clinks is a founding member of the MEAM coalition and will continue to work with local areas and coalition partners Homeless Link, Mind and Collective Voice as the Changing Futures programme takes shape.
Ministry of Justice (MoJ) Outcomes Delivery Plan 2021-22 The MoJ has published its outcomes delivery strategy for the current year. In this, it commits to rebuilding public confidence in the justice system as the country recovers from the pandemic. The MoJ sets out three strategic objectives: “protect the public from serious offenders and improve the safety and security of our prisons; reduce reoffending; and deliver swift access to justice”. To achieve these, the government’s plans include delivering 18,000 additional prison places by the mid-2020s; delivering a Community Accommodation Service that includes expanding Approved Premises and providing transitional accommodation for people leaving prison at risk of homelessness in five probation regions; delivering the Court Reform Programme; and recruiting an additional 1,100 judges and 1,500 magistrates.
Review of drugs: phase two report Professor Dame Carol Black has published the phase two report of her independent review of drugs, commissioned by then Home Secretary, the Rt Hon Sajid Javid MP. The report makes 32 recommendations, including the need for major investment into treatment and recovery services, as well as wider support services like employment support, the importance of diversion from the criminal justice system, increasing the use of Community Sentence Treatment Requirement Orders, and improving the continuity of care when people are released from prison. The government’s initial response commits to developing a long-term strategy to be published at the end of the year and outlines that HMPPS has secured an additional £700,000 for 10 health and justice partnership coordinator roles within probation. The government has committed to responding in full by the end of the year.
Clinks’ Publications
Women’s health strategy We have published our response to the Department for Health and Social Care’s call for evidence to inform the development of the government’s Women’s Health Strategy. Our response focuses on the health and care needs and experiences of women in contact with the criminal justice system, and the role of the voluntary sector in addressing these needs. Drawing on evidence from our research and ongoing engagement with the voluntary sector, we make a number of recommendations. These include highlighting the importance of continuity of care from prison to the community, and the need for sustainable funding for the voluntary sector that delivers health and care services to women in contact with the criminal justice system, with the sector considered key strategic partners to both health and justice statutory agencies.
Mental health in prison We have published our response to the Justice Committee’s Mental Health in Prison Inquiry. This focusses on the scale of mental health issues in prisons in England and Wales and whether enough is in place to determine the scale of the problem, and the impact of Covid-19 on the mental health of people in prison, including on access to services. The response also explores the appropriateness of prison for people with mental health needs. We recommend that voluntary organisations delivering mental health services to people in prison are seen as strategic partners; a “whole-prison” approach is taken towards mental health and wellbeing; and that continuity of care from prison to the community is essential, with services like RECONNECT being strong examples of initiatives that support this.
Women’s health and wellbeing in prison We published our response to the APPG on Women in the Penal System’s inquiry, to which the Howard League for Penal Reform provide the secretariat. Our response is informed by our ongoing research and engagement with our members, particularly through our women’s network. The response explores evidence regarding the acute health inequalities experienced by women in prison compared to their male counterparts and the general population. It also looks at women’s access to healthcare in prison, and the impact of Covid-19. Clinks recommends that voluntary sector organisations must be recognised as key strategic partners, that a “whole-prison” approach should be taken with regards to mental health and wellbeing, and the voluntary sector should be consulted on the design and delivery of services in women’s prisons.
Young adults in the criminal justice system
Diverting young adults Revolving Doors Agency has published an evidence review on diverting young adults away from the cycle of crisis and crime. The review brings together the latest evidence and emerging good practice shown to divert young adults away from the criminal justice system. This review looks at evidence on areas including pre-arrest and pre-court diversion, addressing mental health needs, substance misuse, and people with multiple needs. Evidence from the review recommends police-assisted diversion services should avoid prosecutions for low-level and non-violent crimes where possible, deliver tailored responses to meet the specific needs of young adults, and apply trauma informed approaches. It also recommends police-assisted diversion schemes should adopt a gender-specific and culturally competent approach to achieve equitable outcomes, promote a pro-social identity, and link young adults and their families to sustainable and long term support.
Developmentally appropriate responses to young adults at risk of, or involved in, offending Revolving Doors Agency has produced 10 key points for Police and Crime Plans, in partnership with the Transition to Adulthood Alliance. The 10 points, developed with young adults with lived experience of the criminal justice system, highlight the need for Police and Crime Commissioners (PCCs) to ensure policing plans include a distinct approach to young adults in order to support them away from crime. The areas they focus on include developing tailored approaches to diversion for young adults, addressing multiple needs and facilitating effective transition from child to adult services, and creating racially and culturally sensitive services. Revolving Doors is urging PCCs to adopt these 10 points to improve diversion, facilitate the prevention and reduction of crime among young adults, and support them to develop and create positive adult identities.
The youth justice’s system’s response to the pandemic The Alliance for Youth Justice has published a literature review exploring the youth justice system and the pandemic. The report considers the impacts of the pandemic across each state of the youth justice system and brings together evidence from three main areas: children in the community, children in court, and children in custody. The review identifies a lack of information, understanding and focus on children during the pandemic, with the government often failing to distinguish its approach to adults and children in their policy responses. The report states that the harms experienced by children in custody, and the impacts on their longer-term health and wellbeing, need to be fully assessed and effectively supported.
Multi-agency working in youth offending services HMI Probation has published a research and analysis bulletin on multi-agency working in the youth justice system, based on inspections of Youth Offending Teams (YOTs) between 2018 and 2020. YOTs’ multi-agency work was often of a good quality, and co-location of partner agencies supported effective multi-agency work. Whilst the YOT work promoted community integration and access to mainstream services in the majority of cases, this was less likely for children with more previous sanctions and ‘looked after’ children. This is a concern as these children can have complex needs, enhancing the requirement for integrated services and delivery pathways.
Neurodiversity
Neurodiversity in the criminal justice system The Secretary of State for Justice, the Rt Hon Robert Buckland QC MP, commissioned a review into the evidence on how the needs of neurodivergent people are being identified and met within the criminal justice system. Clinks hosted a consultation event with voluntary organisations working in the criminal justice system to inform the review. There are six recommendations, with the main recommendation calling for a co-ordinated, cross-government approach, with the Ministry of Justice (MoJ), Home Office, Department of Health and Social Care, Department for Education, and the Welsh Government developing an overarching national strategy with people with personal experience of neurodivergence. The review states that the MoJ should provide an action plan addressing the recommendations within three months, followed by progress updates at six and 12 months.
User Voice and neurodiversity in the criminal justice system User Voice has published a report on the lived experience of neurodiverse people in the criminal justice system (CJS), commissioned by HMI Probation as part of the wider review of neurodiversity being carried out by the Ministry of Justice. The report outlines that a significant proportion of people in contact with the CJS are neurodiverse, with estimates suggesting neurodiverse conditions are three times more common in the CJS than in the general population. The report finds that most participants were not assessed or diagnosed with a neurodiverse condition at any stage within the CJS and recommends the need for screening service users for neurodiverse conditions at all stages of the CJS.
KeyRing and neurodiversity in the criminal justice system KeyRing has published a report focusing on the experiences of people who have gone through the criminal justice system and are impacted by neurodiversity. The participants had a range of experiences but all stressed that people need support that is appropriate to their individual needs from the point of arrest through to the end of their probation. The report details the importance of screening for neurodiversity at every stage of the criminal justice system and how having well-trained staff who are able to understand the needs of the person they are working with is essential. HMI Prison, HMI Probation and HMI Constabulary, Fire and Rescue Services worked with KeyRing to inform their review of evidence into neurodiversity in the criminal justice system.
Prisons
Why focus on reducing women’s imprisonment? The Prison Reform Trust has published a briefing that looks at women in prison. The briefing finds that 72% of the women who entered prison because of a sentence in 2020 had committed a non-violent offence, with 70% of prison sentences being for less than 12 months. The briefing also highlights that levels of self-harm in the women’s prison estate reached record levels in 2020, with 11,988 incidents of self-harm, compared to 7,670 in 2016. Women made up 22% of all self-harm incidents despite constituting just 4% of the prison population. Moreover, women serving sentences of less than 12 months made up almost half of recalls to prison in 2020, and the use of community sentences has fallen by two-thirds since 2010.
HM Chief Inspector of Prisons annual report HM Chief Inspector of Prisons for England and Wales, Charlie Taylor, published his annual report for 2020/21. The report, based on 31 short scrutiny visits to prisons between April and July 2020 and 24 scrutiny visits to prisons between August 2020 and July 2021, summarises findings from the past year. They found that establishments had acted quickly to keep people safe at the beginning of the pandemic, but this had come at the cost of locking people up for almost the entire day. The Chief Inspector also noted previously identified, entrenched problems had not gone away, and continuing severe lock-up cannot be used as a solution post-pandemic. In-depth interviews with people in prison revealed mental and physical health had declined, with people lacking hope for the future, and experiencing chronic boredom.
Ministry of Justice Statistics The government released a tranche of justice statistics including the Offender Management Statistics Quarterly, Proven Reoffending Statistics, and Safety in Custody Statistics. From these releases, some of the key figures include: 78,324 people were in prison in England and Wales at 30th June 2021, and there were 224,174 people on probation at the end of March 2021; the overall proven reoffending rate was 26.0% for the July to September 2019 cohort, a decrease of 2.6 percentage points on the same quarter in 2018; the rate of incidents of self-harm from March 2020-21 fell in men’s prisons, down 19%, compared to the previous year, but increased in women’s prisons, up 12%; and the number of assaults decreased compared to the previous 12 months to 18,895 incidents, down 40%.
Racially minoritised people
Making Black lives matter in the criminal justice system The Howard League for Penal Reform has published a guide for anti-racist lawyers that aims to offer clear, step-by-step advice and case studies to support lawyers to be anti-racist at each stage of a client’s journey through the criminal justice system. As well as exploring how legal practitioners make a difference for Black clients from the police station through to post-sentencing, the report also highlights issues that Black people can face in the criminal justice system, including racialised social structures, accumulated disadvantage leading to discrimination, and a lack of diversity in the system.
Victims of Crime
Victims’ Commissioner’s Annual Report for 2020/21 Dame Vera Baird QC, Victims’ Commissioner for England and Wales, has published her annual report. Within this report, she covers a range of issues including the role of victims in the criminal justice system, and the Domestic Abuse Act. Dame Vera argues for victims to be given a distinct legal status within the criminal justice system. On the Domestic Abuse Act, she highlights the new measures it has brought in, including the creation of a specific offence of non-fatal strangulation, and recognition of children as victims of domestic abuse in their own right. She also mentions work that still needs to be done in this area, particularly to better support migrant women.
Voluntary Sector
Public trust in charities 2021 The Charity Commission has published a report looking at public trust and attitudes towards charities. This report found that average public confidence and trust in charities has risen for the third consecutive year, and charities remain one of the most trusted parts of society, scoring more highly than social services, the local council, and government ministers. In addition, the pandemic has not fundamentally altered how people see charity: for most people, charities are not at the front of their minds when they think about the pandemic. The report also explores public expectations of charities, identifying four key factors: that a high proportion of money is spent on charitable activity; that charities are making the impact they promised; how they have an impact is consistent with the spirit of ‘charity’; and that all charities uphold the reputation of charity.
The latest from the residential women’s centre team In this blog, MoJ’s Hannah Smallshaw, on behalf of the residential women's centre team, gives an update on the development and implementation of the residential women’s centres (RWCs) over the last seven months. The team incorporates colleagues from the MoJ, Her Majesty's Prison and Probation Service and the Wales Female Offending Blueprint team. The blog follows consultation events held with stakeholders including Clinks, women with lived experience of the criminal justice system, and the voluntary sector. It outlines how this feedback has helped shape the design of the RWC model. The aim of the RWC pilot, launched in 2018 as part of the Female Offender Strategy, is to gain a better understanding of how the outcomes of women who would otherwise enter and re-enter custody for short periods can be improved.
A way forward on drug treatment and recovery This blog from Clinks’ Policy Officer Franklin Barrington, looks at part two of Professor Dame Carol Black’s independent review of drugs - focussed on prevention, treatment and recovery - and highlights the key issues relevant to voluntary organisations working in the criminal justice system and the people they support. Clinks welcomes Dame Carol’s focus on diversion, supporting people in the community, and continuity of care for people leaving prisons. Moreover, we support Dame Carol’s desire for a more holistic, joined-up services to support people, in recognition that drug misuse can often be related to a set of interconnected issues, such as homelessness and rough sleeping, and poor mental health.
Changes to prisons on the horizon The Rt Hon Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice, delivered a speech to the Centre for Social Justice in which he announced a Prisons White Paper. This blog, from Senior Policy Officer Will Downs, considers what might be included in the paper and why the voluntary sector should have a meaningful say in its contents. A White Paper is a policy document produced by the government that sets out proposals for future policy changes and legislation. We reiterate our invitation to the Ministry of Justice and HM Prison and Probation Service to engage with Clinks to establish full and proper mechanisms for consultation to inform the development of this work.
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Written monthly by...
Clinks' Policy Officers Franklin Barrington and Noorjehan Piperdy
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