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In this month's edition...
Clinks has launched the third phase of our Stronger Voice project, which aims to empower the voluntary sector working in criminal justice to develop a unified and influential voice at both a regional and national level. Funded by Lloyds Bank Foundation for England and Wales, phase three, “Strengthening your voice”, aims to empower organisations to mobilise their campaigns and finesse their influencing skills to bring about change. Read more about the project and upcoming sessions in our blog by Senior Policy Officer Olivia Dehnavi.
The Reducing Reoffending Third Sector Advisory Group (RR3) has established a special interest group (SIG) on Future Regime Design. The SIG will run alongside the HM Prison and Probation Service (HMPPS) Future Regime Design programme, providing advice from a voluntary sector perspective to officials from the Ministry of Justice and HMPPS to consider as part of the Future Regime Design programme. The first meeting of the group took place on 02 September, and minutes from the meeting will be published on the Clinks website.
Clinks has signed the joint statement co-ordinated by the National Council for Voluntary Organisations (NCVO) and the Association of Chief Executives of Voluntary Organisations (ACEVO) highlighting the cost-of-living crisis, and the impact it will have on the general public and the voluntary organisations that support them.
The 2022 State of the Sector survey closed in August. We want to take this opportunity to thank all those organisations who responded to the survey and have contributed to this year’s research.
There have been some changes in the policy team at Clinks over August: Policy Officer Noori Piperdy has now left Clinks to move on to a new role in the public sector. We wish Noori all the best in her new role. Following Noori’s departure, we have appointed a new Policy Officer, who will start at Clinks later in September.
Funding announced for services that work with women in the criminal justice system | The Ministry of Justice (MoJ) have announced a £24 million investment to support women in the criminal justice system (CJS). This will include £21 million for women's specialist services. Clinks have been calling for further investment in the specialist women's sector to ensure the Ministry of Justice Female Offender Strategy can achieve its aims. To maximise this investment, we hope to see it provide multi-year grant funding which can be used towards core costs to support services to continue to provide the flexible and holistic support that women in the CJS need to change their lives. We are in conversations with the MoJ to better understand the detail of this announcement which we will share in due course.
Amy Rees appointed to lead HM Prison and Probation Service (HMPPS) | The Ministry of Justice (MoJ) and HMPPS have announced that Amy Rees, previously the Director General of Probation, Wales and Youth for HMPPS, will succeed Dr Jo Farrar as the new Chief Executive of HMPPS. Dr Farrar will focus on her role as Second Permanent Secretary at the MoJ, including digital transformation of justice services. Also under the restructure, which follows an operating model review led by the MoJ Permanent Secretary Antonia Romeo, Phil Copple will become Director General of Operations for Prisons and Probation. Both roles began on 01 September 2022, and are part of a wider, ongoing programme of work which the MoJ and HMPPS describe as “placing greater focus on the delivery of frontline services”.
Residential women’s centres | HM Prison and Probation Service (HMPPS) has published more details about its plans for residential women’s centres (RWCs). This includes a document setting out information including some of the activities that women might do whilst at the centre as well as the long-term support it will offer. When they join the centre, women will be required to agree to rules for behaviour on and off site including a strict curfew, the site being drug and alcohol free, and a zero-tolerance approach to anti-social behaviour. All visits will need to be pre-arranged and visitors approved by the RWC, with family rooms and video conferencing provided. HMPPS adds that the opening date will be confirmed subject to planning permission.
HM Prison and Probation Service (HMPPS) annual digest, April 2021 to March 2022 | HMPPS has published its annual digest for 2021/22, presenting a range of detailed statistics and measures for prisons and probation. The statistician’s comment describes the overarching story for this year’s digest as being about performance returning to pre-pandemic levels, in line with 2019/20. However, the statistician identifies a few exceptions to this, including incentives, where 5.5% of people in prison were on the basic IEP regime in 2019/20, which reduced to 0.7% of people in 2020/21 due to changes in response to the pandemic and now sits at 1.3% for 2021/22. The digest also sets out that absconds have fallen 6% in the year to March 2022, and, whilst the number of Release on Temporary Licence failures was more than five times higher, it remained almost a quarter below pre-pandemic levels.
Prison performance ratings: 2021 to 2022 | The Ministry of Justice has published the latest annual prison performance ratings statistical bulletin. Using a new “data-informed methodology due to the impact of Covid-19”, the release sets out that 87.7% of prisons were rated as having at least acceptable performance in the circumstances of Covid-19, whereas 12.3% (15) prisons were rated as of concern. Within this, local prisons and Young Offender Institutions were poor performers. In addition, the majority of the 15 prisons rated as “of concern”, performed below the overall average, with more assaults on staff, more assaults between people in prison, lower employment at six weeks following release, and higher rates of staff resignation. Due to the methodological changes, this year’s ratings are released as standalone and comparisons to previous years have not been made.
Action plan responding to the joint thematic inspection of Multi-Agency Public Protection Arrangements (MAPPA) | Following a recent joint thematic inspection of MAPPA, the government responded with its action plan. Of the 19 recommendations, HM Prison and Probation Service (HMPPS) agreed with 11, and partly agreed with eight. Amongst the recommendations, HMPPS agreed that the MAPPA meeting agendas should include a prompt to hear contributions from the person who is the subject of the meeting, audit and quality assurance information should be collated from strategic management boards, and national analysis reports should be provided to highlight inconsistency and promote more consistent level setting. HMPPS also agreed that prisons should ensure the application of public protection processes, including the monitoring of communications, should be robust to enable defensible decisions to be made about the management of people in prison using MAPPA.
Youth Justice Board (YJB) response to the Special Educational Needs and Disabilities (SEND) Review | The YJB published its response to the SEND review. It notes the SEND review proposals do not directly reference education in secure settings, but over two-thirds of children in custody have special educational needs, which are often unrecognised and mislabelled, and so needs are unmet. Therefore, it argues this cohort of children cannot be forgotten in SEND reform. The YJB supported all the proposals on a single national SEND and alternative provision, agreeing there needs to be more consistency in how the needs of children are identified and assessed. They also argue that rights should be equitable for all children regardless of setting, and that more should be done to ensure children in custody receive their educational entitlements within the existing framework and laws.
Probation
Reunification of probation services | The Institute for Government (IfG) published a report looking at the reunification of probation services. It found that, despite representations to the contrary from providers, the Dynamic Framework commissioning mechanism was complex and made it difficult for smaller providers to qualify to bid for contracts. This meant some gave up trying to qualify and others redirected frontline resources to the tendering process. The report also highlights that the Ministry of Justice (MoJ) decided against using grants. The IfG partly attributed this commissioning approach to a challenging timetable, leading the MoJ to take an approach in-keeping with previous arrangements, rather than developing something better suited to smaller providers. These findings echo Clinks’ own, and we are now working with the MoJ and HM Prison and Probation Service to avoid a replication of these challenging processes in future procurement.
Putting professional curiosity into practice | HM Inspectorate of Probation has published the latest report in its Academic Insights series. It notes there is a tendency to see professional curiosity as a tool to assess and manage risk, and argues there is some, but limited, evidence that professional curiosity can be a useful tool to make this assessment, and support people to change. If the Probation Service want to pursue a model underpinned by this approach, more needs to be done to ensure it can fulfil its potential. To support and enable professional curiosity, the report says staff need the time and space to ask the right questions, analyse, and act; time and space to develop good relationships with people on probation; and emotional support.
Probation staff experiences of working with people at risk of suicide and/or self-harm | HM Inspectorate of Probation has published a Research and Analysis Bulletin based on interviews with 51 members of probation staff. Key findings include that interviewees suggested self-harm, suicidal ideation, attempted suicide, and suicide are highly prevalent amongst people on probation; concerns were expressed around the ability to access all relevant information in a timely manner; risk management in approved premises appeared to be more robust than in the community; staff would like more training, but stressed they were not, and should not become, mental health practitioners; and that the death of someone on probation has a real impact on staff, with the support available often feeling more procedural than supportive.
Women
No safe space | The Centre for Women’s Justice (CWJ) has published a report looking at lessons for national policy and local practice from the West Midlands multi-agency response to women involved in offending, or alleged offending, who are victims of domestic abuse. Based on insights from women with lived experience and front-line practitioners, the report makes a total of seven overarching recommendations. One of these recommendations is for the Ministry of Justice and local agencies to provide a safe space for victims to disclose domestic abuse and receive support. The CWJ argue this should include investment in voluntary sector women’s specialist providers, co-located, women-only probation teams as standard everywhere, and improved pathways for women into gender-informed healthcare services.
Why focus on reducing women’s imprisonment? | The Prison Reform Trust published a briefing making the case for reducing women’s imprisonment. It summarises the government’s approach to women in the criminal justice system, including the Female Offender Strategy, the 500 new prison places, the concordat on women in or at risk of contact with the criminal justice system, and the Draft Mental Health Bill. It argues for the reduction of women’s imprisonment, highlighting issues including the higher rates of self-harm for women in prison compared to men, the particular challenges for mothers in prison, the over-representation of racially minoritised women in the criminal justice system, the declining use of out-of-court disposals and community sentences, and academic research showing women sentenced to a community order have a significantly lower reoffending rate than those released from prison.
The right support at the right time: where the justice system fits in | The Centre for Justice Innovation (CJI) published a briefing on the impact of the justice system on children with special educational needs and disabilities (SEND). Its recommendations include recognising the impact of the justice system on children with SEND, calling for the justice system to be included in the scope of cross-governmental work such as the SEND Review Green Paper. This is because of the impact contact with the justice system has on outcomes of children with SEND in later life. It also recommends justice services are kept separate from education settings, arguing plans to co-locate youth justice services in alternative provision settings as part of a multi-disciplinary team, announced in the SEND Green Paper, is likely to draw more children with SEND into the justice system.
The funding landscape for women’s voluntary and community organisations in London | The Women’s Resource Centre (WRC) has published a report summarising the initial findings and recommendations of its pilot research on the funding landscape for women’s organisations in London. The WRC found only 310 of the 8,950 grants awarded to voluntary organisations in London in 2020 went to women’s organisations. This means 165 recipient women’s organisations received 2.94% of the total funding given to the voluntary sector in London. A further 82 grants were awarded to generic organisations specifically for the running of women’s projects. WRC’s recommendations include that funders in London should actively engaging with WRC and other women’s infrastructure organisations in the co-production of grant programmes, and that 50% of funding should be ring-fenced for London’s specialist and led-by-and-for women’s organisations.
Multiple Disadvantage
Making funding work for people facing multiple disadvantage | The Making Every Adult Matter (MEAM) coalition, of which Clinks is a member, has published a briefing highlighting issues raised at a roundtable event of civil servants hosted by MEAM in May 2022. This roundtable focussed on inconsistent co-ordination between programmes and remaining gaps in provision, the remit of funding programmes, and the nature of funding allocation. Building on this, MEAM make a number of recommendations, including introducing a minimum application period for grant programme applications and working to ensure there are not multiple programmes open at the same time without co-ordination. In addition, MEAM recommends creating opportunities for greater involvement of the voluntary sector, people with lived experience, and frontline staff in designing funding programmes, to create a more bottom-up approach.
Charities and the voluntary sector
The price of purpose? Pay gaps in the charity sector | Pro Bono Economics has published a new report which found worker pay in the charity sector, after accounting for differences in personal and job characteristics, has an hourly wage gap of 7.0%, compared with workers in the rest of the economy. The report also found this gap widens as people progress through their careers, peaking at 9.4% for people aged 46 to 50. In addition, Pro Bono Economics found that people with higher levels of qualifications experience a bigger pay gap then those with lower levels of qualifications. Moreover, men in the charity sector see a bigger gap compared to counterparts in other sectors than women. For men, the gap is 12.3% and for women it is 4.7%. The charity sector itself endures a 4.1% gender pay gap.
The role of voluntary, community, and social enterprises (VCSEs) in public procurement | The Department for Culture, Media and Sport (DCMS) commissioned Perspective Economics to produce a report exploring participation in public procurement by what they describe as VCSEs. The report sets out a number of findings and implications for policy makers and commissioners. These include the need to improve data quality, particularly the availability of data for different types of VCSEs, data at the local level, data on sub-contracting, and potentially surveying VCSEs’ attitudes towards procurement. The report also highlights the challenges of limited capacity amongst commissioners, the need to build strategic long-term partnerships, and the importance of awareness of user-led, value-added engagement. Regarding further understanding the growth potential for VSCEs in public procurement, the report suggests considering practical interventions with respect to awareness of contracts, amongst other things.
Parole
Parole Board: Dominic Raab making an “already difficult job close to impossible” | Following recent changes, and proposed changes, to the parole process, documents obtained by the Prison Reform Trust (PRT) through a Freedom of Information request have uncovered “fundamental disagreements” between the Parole Board and the then Justice Secretary, Dominic Raab, over the changes. From the documents, PRT note that a previous Justice Secretary, Robert Buckland, favoured tribunal status for the Board, which would have confirmed its court-like status and consequently its independence from political interference. Moreover, the Parole Board disagreed with Raab’s analysis of whether a change to the release test is required and raised concerns it may impede the Board’s ability to properly assess risk. It also rejected the idea that there is a problem to solve, pointing to, amongst other things, the very low “failure rate”.
Policing
Strip search of children by the Metropolitan Police Service (MPS) | The Children’s Commissioner for England acquired information about the MPS practice regarding strip searches of children during stop and searches. Presenting data from 2018 to 2020, the Children’s Commissioner found 650 children were strip searched by the MPS during this period, of which a quarter were aged between 10 and 15. Of these 650 searches, 23% were carried out without an appropriate adult present. In addition, Black young men aged 16 or 17 made up 42% of searches. Of the 650 searches, 53% resulted in no further action. The Commissioner goes on to set out four ambitions to improve safeguards to ensure children are kept safe, including amending national guidance to ensure the safeguarding of children is the top priority for police when undertaking searches.
Diversion
What is diversion? | The Centre for Justice Innovation (CJI) has published a short video, created with children in mind, to explain what diversion is, its benefits, and what the process involves. The CJI explain that whilst the offer of youth diversion is an effective alternative to a statutory out-of-court-disposal or going to court, it can be a confusing and overwhelming experience for children and their family. The video was created by Reality Art, a collective that specialises in capturing the voices of young people who have experienced the criminal justice system through art, in collaboration with the CJI.
The criminal justice system
Criminal justice systems in the UK | The Centre for Crime and Justice Studies has published a report that explores the main criminal justice institutions across the three UK jurisdictions of Scotland, Wales, and the combined jurisdiction of England and Wales. The report notes that a diverse and varied set of civil society groups and institutions offer important channels for challenge, accountability, and citizen engagement. Amongst the areas covered by the report is a comparison of prisons in the three jurisdictions. The report notes that whilst most prisons are in the public sector, the proportion of private prisons is high by international standards. In addition, it highlights that one quarter of the prison population in England and Wales is held in Victorian-era prisons.
On “being a ‘good woman’: stigma, relationships and desistance” | Working Chance has published a guest blog, authored by Úna Barr and Natalie Rutter, lecturers in criminology. Their research focusses on women’s desistance, relationships, and probation service delivery, with reference to an idea of the “good women”. Barr and Rutter conclude that there is a knowledge gap between the established male desistance literature and the realities of women’s lives, arguing there must be an understanding of how gender, class, race, and other inequalities inform our understanding of what a “good woman” is, and these ideas should be challenged in theory and practice. Rather than desistance research and practice based on individual responsibility, they call for critical desistance strategies which reflect the realities of women’s experiences, and are based on compassion, love, and support.
The health and wellbeing of prison governors | Russell Webster has written a blog about new research carried out by the University of Lincoln, exploring the health and wellbeing of prison operational managers and governor grades, on behalf of the Prison Governors Association. Webster summarises a number of the research’s findings, including the presence of a “macho culture” where toughness and stamina are emphasised, and weakness should not be shown. Instead of talking about challenges, participants referred to the need to adopt an “impenetrable” persona and cope on their own. Webster summarises that overall, governors wanted a recognition of their stressful work environment, and greater acknowledgement of their experiences, a review of roles and workload, increased appreciation of the different roles in prisons and headquarters, and more appropriate and better resourced support services.
Freedom of information (FOI) reveals almost 1,800 people are in pre-trial detention for over a year in England and Wales | An FOI request by Fair Trials has found that almost 1,800 people have been held in remand for over a year, and more than 500 people have been held for longer than two years. In addition, half of people on remand for more than six months are held for non-violent offences. The FOI request also found that Black people are still being disproportionately remanded more than non-racially minoritised people, despite being less likely to be sent to prison and more likely to be acquitted at trial. Fair Trials said these figures show an increase in extended remand times since previous figures from June 2021, where just over 1,500 people were held on remand for more than a year, and 475 people for more than two.
Prison and probation officers leaving in droves | Russell Webster has written about the recent HM Prison and Probation Service (HMPPS) workforce statistics, which show large numbers of prison and probation officers leaving the service. Webster notes the overall figures do not appear too concerning at first glance, but he argues the “scale of the crisis becomes very clear” when turning to look at staff leaving. He sets out the headcount of band three to five prison officers who left HMPPS in the year to June 2022 was 3,558, an increase of 55.1% on the previous year, with 74.5% of prison officers leaving resigning, up from 61.9% the year before. Turning to probation, Webster highlights 835 officers left in the year to June 2022, an increase of 207.0% compared to the previous year.
Charity closures forecast as inflation exceeds 10% for the first time in 40 years | Civil Society has written about the challenges charities are likely to face, in light of rising inflation. They quote a number of charity sector bodies, voicing their concerns. Clare Mills, from Charity Finance Group, warned many charities were facing a growing gap between their income and expenditure, and raised concerns the winter would “put the charitable sector under more intense pressure than during the Covid pandemic”. Jamie O’Halloran, from Pro Bono Economics, said the increase in the energy price cap means many organisations are “braced for a swell in demand for support […] but the sector itself is feeling the relentless squeeze of this crisis on its own finances”. Kevin Russell, from Charity Tax Group, called on the government not to overlook the role of charities.
Prison and Probation Ombudsman working with National Prison Radio and Inside Time | The Prison and Probation Ombudsman (PPO) has written a blog exploring their recent work in developing closer working relationships with National Prison Radio and Inside Time, the national newspaper for people in prison. The PPO explains how raising awareness of their investigative services is imperative in ensuring those who can complain to them know how to do so. The PPO has worked with National Prison Radio over the last three years and have produced adverts which have been broadcast in over 110 prisons in England and Wales. It has also had Inside Time articles featured in the paper, online, and on the app, reaching the paper’s estimated 100,000 monthly readers.
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Written monthly by...
Clinks Policy Officer Franklin Barrington
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