In this month's edition...
Before the holiday break, the most recent quarterly meeting of the Reducing Reoffending Third Sector Advisory Group (RR3) took place. The group heard from Sarah Jarvis, HM Prison and Probation Service’s Head of Rehabilitation Reform, and the Minister, Damian Hinds MP, attended the meeting to outline the priorities for prisons and probation. The Minister was unfortunately only able to attend for a short introductory discussion before being called to urgent business in the House, however, we have invited him to attend the March meeting. Minutes from this meeting will be published on the Clinks website in due course.
Clinks has written to Mr Hinds in his role as Minister of State for Prisons and Probation, highlighting the sector’s concern about the prioritisation of addressing race inequality in the criminal justice system by the Ministry of Justice (MoJ). The urgency of this issue has been further evidenced following the publication of the recent HM Inspectorate of Prisons thematic review into the experiences of Black male prisoners and Black prison staff. The letter also expressed concern that the previous letter about this issue, sent to the Secretary of State for Justice back in February 2022, co-ordinated by Clinks and signed by over 60 organisations, received only a very short acknowledgement from a previous minister. Clinks offered to support the MoJ in its response to this issue by facilitating engagement with voluntary organisations led by and focussed on racially minoritised people.
Clinks’ Director of Influence and Communications, Jess Mullen, attended the Ministry of Justice Women in the Criminal Justice System Expert Group meeting in December. The Female Offender Strategy delivery plan is due to be published early this year, and the group discussed how the MoJ would report against the plan to ensure progress was being made. The group also heard about MoJ plans to expand the use of electronic monitoring (EM). The group fed back that it was important EM was used effectively and as an alternative to custody, rather than in addition to imprisonment. The Prison Reform Trust also presented its report Invisible Women, and the group discussed several key issues including the new rules on open prisons, the impact of the change in the security categorisation process for people looking to be transferred to open prisons, and the need for increased awareness of the impact of long sentences on both physical and mental health.
The MoJ and HM Prison and Probation Service are carrying out two “policy sprint” workshops to form part of the work to establish the Resettlement Long-term (2030) Vision following the launch of the unified Probation Service in June 2021, which changed the way that resettlement services are designed and delivered. We have supported invitations to the sector for these, and in December, Clinks attended the first workshop, which looked at induction and the main body of the sentence, along with a number of other voluntary organisations. The second of these workshops is due to take place soon, and Clinks is advocating for a write-up of that session to be shared widely with the voluntary sector.
Hippo Digital is commissioned by Ministry of Justice Digital to develop resettlement passports for people leaving prison. As part of their initial “discovery” phase, Hippo Digital is using responses to the Prisons Strategy White Paper and have reached out to a number of organisations. Clinks has met with the team and is providing advice on ways to make sure the sector’s knowledge and expertise is incorporated into the work without creating additional work for organisations. Anyone interested in learning more or contributing to the research can contact us on policy@clinks.org to be put in touch with the project team.
Clinks was saddened to hear of the death of Lord Ramsbotham in December. Lord Ramsbotham was a former Chief Inspector of Prisons, a strong advocate of criminal justice reform, and a patron of many organisations in the criminal justice voluntary sector. Clinks shared reflections on Lord Ramsbotham’s life from our CEO Anne Fox on Twitter, and Lord Howell of Guildford has written a tribute to Lord Ramsbotham for PoliticsHome, which includes reflections on his work in criminal justice.
Following Clinks’ Annual General Meeting, our annual report and accounts for 2021/22 has been published. These are accompanied by a blog by Clinks’ CEO Anne Fox where she discusses the annual report.
Response to the Public Accounts Committee report into electronic monitoring | Following the Public Accounts Committee’s report into electronic monitoring (EM), the government has responded as part of the most recent Treasury Minutes. The Ministry of Justice (MoJ) agrees with all six of the Committee’s recommendations. This includes a recommendation to, within a year, improve the data collection and analysis around tagging services, monitoring the delivery and benefits of expanding EM programmes, and building the evidence base for the impact of tagging on reoffending and diversion. The MoJ said by April 2023 it will have a strategy in place to manage and realise the benefits of EM. In addition, the MoJ said it is developing a formal evaluation strategy for EM which will outline how evaluations will develop a strong evidence base for future decision-making.
Criminal Justice Anti-Racism Action Plan for Wales | HM Prison and Probation Service (HMPPS) has published its Anti-racism Action Plan for Wales, commissioned by the Criminal Justice Board for Wales. In the plan, HMPPS commits to an anti-racist criminal justice system that actively identifies and challenges racism, and holds individuals and organisations to account in their work in tackling racial disparity. It will work to remove aspects of systemic or institutional racism that remain, and challenge racism through actively developing knowledge, practice, policy, and governance. It will work to change the unfair and disproportionate over-representation of all racially minoritised people in the criminal justice system, taking an inclusive, human definition that includes all ethnic groups. In addition, it looks to develop a diverse workforce that reflects the people and communities those staff serve.
Action Plan in response to the Joint Thematic Inspection of Offender Management in Custody | Following the publication of the joint thematic inspection of Offender Management in Custody, the government has published its action plan in response. In this plan, HM Prison and Probation Service (HMPPS) agreed with 13 of the inspection’s recommendations and partly agreed with the three other recommendations. The latest target date for action arising from the recommendations is December 2025. The recommendations to which HMPPS agreed include ensuring that prison and probation service leaders at all levels work together to facilitate the successful transition of people in prison to the community. In addition, it was agreed that prison directors/ governors should ensure the prison regime provides the protected time needed for prison officers to undertake the keyworker role.
Use of PAVA spray in prisons | In response to a written Parliamentary Question, from Labour Peer Lord Bradley, the government said there have been 470 incidents involving PAVA incapacitant spray in prisons since 1 April 2019. Of those, PAVA was drawn and deployed in 320 incidents, and drawn only in 150 incidents. The breakdown of the figures by ethnicity reveals that there were 316 incidents of PAVA being drawn and deployed, and 80 incidents where PAVA was drawn only, involving people of Black/Black British ethnicity. This is compared to 255 incidents where PAVA was drawn and deployed, and 120 incidents where PAVA was drawn only, involving people of white ethnicity. Analysis from Inside Time found this means Black people in prison are seven times more likely to PAVA deployed against them.
Youth custody update | The Prisons Minister, Damian Hinds MP, has written to the Justice Committee to provide an update on a number of youth custody matters. In this letter, he confirmed the government believes Oakhill Secure Training Centre (STC) has “demonstrated the ability to provide a safe and supportive environment for young girls in its care”; it has been decided not to reopen Rainsbrook STC; and the first secure school is due to open in Spring 2024. The Minister notes the prison capacity pressures are meaning they are moving away from the practice of assuming the automatic transition of a young person to the adult estate at their 18th birthday, instead, looking to transition people up to their 19th birthday where appropriate.
Debate on the devolution of justice to Wales | Liz Saville Roberts MP (Plaid Cymru; Dwyfor Meirionnydd) led a debate in Westminster Hall on the devolution of Justice to Wales. Ms Saville Roberts noted Wales does have control over a number of devolved services that are important for the delivery of justice, but it does not have its own legal system. She argued for a “transformational approach” where policing and justice are devolved to Wales in their entirety, rather than “piecemeal reform”. Responding, the Minister, Mike Freer MP, said the government’s position on devolution has not changed, and it does not think justice should be devolved. He argued the Ministry of Justice works closely with the Welsh government to ensure justice policies are aligned and take account of distinct Welsh needs.
Offenders (Day of Release from Detention) Bill | The Offenders (Day of Release) Bill received its Second Reading in the House of Commons on Friday 2 December 2022. It is a Private Member’s Bill being sponsored by Simon Fell MP (Conservative; Barrow and Furness). This Bill makes provisions to enable people who would be released from prison on a Friday, or before a public holiday, to be released one or two days earlier at the discretion of the Secretary of State. In practice, this power would be delegated to governors of public prisons or directors of private prisons. Now it has passed Second Reading, it will move to be considered in committee. The Second Reading debate can be read in Hansard.
Date set for the Chancellor of the Exchequer’s Budget Statement | The Treasury has announced the date for the Chancellor of the Exchequer’s Spring Budget Statement. It will be held on Wednesday 15 March 2023. Following this announcement, the Treasury is now accepting representations from stakeholders in advance of the budget up until 5pm on 1 February 2023. These can include comments on existing policy, or suggestions for new policies for the upcoming financial statement. The Treasury asks that representations explain the policy rationale, costs, benefits and deliverability of proposals, and make clear arguments on how policies contribute to the aims of the budget.
Clinks publications
Effective point-of-arrest diversion for children and young people | Clinks has published the latest report in its Evidence Library, written by the team at the Centre for Justice Innovation (CJI). It shows that point-of-arrest youth diversion is a better way of addressing low-level criminal behaviour than formal processing through the youth justice system (including both prosecution in court and a formal out-of-court disposal). Moreover, in line with the Youth Justice Board’s ‘Child First’ strategy, point-of-arrest youth diversion is vital to the prioritisation of the child’s needs, enabling a fairer youth justice system. Unfortunately, the consequences of being caught, arrested, and convicted can be serious. For these children, this affects future education and employment opportunities, and it can have a backfire effect, making children and young people more, not less, likely to re-offend.
Prisons
The experiences of adult Black male prisoners and Black prison staff | HM Inspectorate of Prisons conducted a thematic review into the experiences of Black male prisoners and Black prison staff. It found that Black people serving prison sentences described persistent racial discrimination, while white staff felt there was very little or none. Moreover, the review reports a strong theme of mutual mistrust and unease in relationships between white staff and Black people serving sentences. It was also noted Black staff had to navigate complex and challenging relationship dynamics with Black people serving prison sentences. The Inspectorate suggested, to help promote positive change, that Black people serving sentences wanted professional and accountable staff, and they, as well as managers and many members of staff, were keen to find spaces for safe expression and communication.
Probation
Professionalism in Probation | HM Inspectorate of Probation have published another report in its Academic Insight series which applies the academic notion of professionalism to probation, with a particular focus on the opportunities provided by probation unification. The definition of professionalism that this report uses is “a way of organising an occupation […] It represents much more than only a status, for it produces distinctive occupational identities”. Applying this to probation, the paper sees professionalism as a way to organise practice around the knowledge, expertise, and autonomy of its staff that looks to build an ideology of service based on relationships with clients and other stakeholders. The report argues that taking this relational approach can both enhance professionalism, and offset punitive cultures and rhetoric.
Older people on probation | A further publication in HM Inspectorate of Probation’s Academic Insight Series looks at older people on probation. This report notes that despite the increased recognition of the impact of age on the prison population, this has not yet moved across to probation policy and practice. The paper makes a number of recommendations for improvements so that probation services are better placed to support older people. These include implementing a systematic approach to finding out and responding to the diverse and intersectional needs of older people under probation supervision, including investing in research and evaluation of different approaches, and developing an evidence base of the needs of older people on probation to improve commissioning and investment in probation regions, integrated care boards, and social care.
Sentencing
Public confidence in sentencing and the criminal justice system 2022 | The Sentencing Council has published a report on public knowledge of and confidence in sentencing based on a representative survey of adults in England and Wales. This built on similar research carried out in 2018. Some of the key findings include that attitudes towards sentencing vary depending on the offence people are asked about, but, on the whole, respondents tend to view sentences as being too lenient. As in 2018, respondents appeared to feel they have a good understanding of sentencing terminology, but research in 2018 found understanding was far more limited in reality. In addition, the survey saw a majority of respondents say they are aware of sentencing guidelines, and many felt the existence of these guidelines generally improves their confidence in sentencing fairness.
Youth justice
Children and young people’s voices on youth diversion and disparity | The Centre for Justice Innovation (CJI) has published a report on children and young people’s voices on youth diversion and disparity, with a particular focus on how they perceived their ethnicity to have impacted the youth justice process and outcomes. The CJI’s key findings included that children and young people had mixed experiences of professionals during the diversion process, that some did not understand the outcome of their criminal justice engagement, and the appropriateness and quality of diversion interventions was variable. Following this, the report makes a number of recommendations, such as ensuring eligibility criteria and referral routes for diversion do not exacerbate racial disparities and building the capacity of solicitors to support children and young people in accessing diversion.
Human rights and youth justice progress tracker | The Equality and Human Rights Commission (EHRC) has updated its UK Government Progress tracker with regards to human rights in youth justice. The EHRC observe that limited progress has been made in this area. While they welcome the reduction in the number of children in custody in recent years, for those in the youth justice system, it reports that the use of force, solitary confinement, violence, and self-harm are commonplace. The Commission also notes that the minimum age of criminal responsibility remains inconsistent with international standards, and racially minoritised children are over-represented in custody. The EHRC also raises concerns about the overuse of restraint on children, which can include pain-inducing techniques, and the high number of children held on remand.
A child impact assessment toolkit | The Prison Reform Trust (PRT) has produced a Child Impact Assessment toolkit for children and young people with experience of a mother in the criminal justice system. It describes Child Impact Assessments as enabling children and young people to be supported and included in decisions about the support they receive. The Assessments are about examining the child’s needs, with a focus on the child and how they are feeling, to develop a better understanding of those needs. It is not proposed these Assessments become a statutory procedure but are offered to children with the aim of providing support. The toolkit also notes the importance of partnership working and the role of criminal justice agencies, and other services, in ensuring children get the support they need.
Funding
Overcoming the barriers to better grant-making | The Commission on Civil Society published a report exploring the barriers to better grant-making. In this, the Commission identifies three broad problems it argues are currently holding grant-making back: short-termism in the length of time for which grants are offered; sub-optimal processes that directly reduce the value of funds; and reproduction of wider social inequalities meaning some groups disproportionately suffer the consequences of problems in the system. To drive change in spreading good practice further to funders, the Commission on Civil Society recommends an active role for the Charity Commission, including it highlighting the problems of poor grant-making and what good grant-making looks like. It also recommended the voices of grant-seeking charities are amplified.
Local Partnerships
The state of strategic relationships between councils and their local voluntary and community sector | The Local Government Association has commissioned research into the state of strategic relationships between councils and their local voluntary sector. It concludes these relationships are mixed across the country, but there are some areas where councils and the voluntary sector are achieving a lot together. The research provides two key outputs: a typology of strategic relationships between councils and the voluntary sector and four principles for successful relationships. These principles are: shared foundations including a shared commitment to partnership working, a relational culture where both parties give generously to the process and are open to feedback, effective structures that are fit for purpose and enable innovation and sustain long-term commitment, and capacity and resources so there are the means available to take action.
The voluntary sector
Workforce challenges facing the voluntary sector | St Chad’s College, Durham University has published a report exploring the voluntary sector’s people resources. The report found considerable movement in the composition of the staff and volunteer workforce, but about half of organisations saw things remain relatively stable. In addition, about a fifth of voluntary organisations reported retaining staff has become “quite a lot harder”, with 3% saying the opposite. Problems with recruitment were more acute, with 43% of employers saying there were difficulties with recruitment. These challenges were particularly seen in the North East and North West, the West Midlands, and in Wales. The report also noted larger organisations were more likely to be experiencing recruitment problems (79%), but almost a third of the smallest employers also reported difficulties.
Challenges with energy bills for charities | Pro Bono Economics and Nottingham Trent University surveyed charities on the impact of the energy price rises. They found 40% are experiencing rising energy bills, while 49% of charities are anticipating demand for their services to exceed their ability to meet it. Of those charities reporting higher energy bills, over half said their costs have risen by half or more, and a third said their bills have doubled. This has led to 17% of organisations saying they have been forced to reduce services, and over a quarter of small organisations said they had to reduce their paid workforce. Researchers found that 55% of charities were using their reserves to meet operating costs, with one-in-five charities saying they only have enough reserves to last this winter.
The experiences of Black prison staff | Following the publication of HM Inspectorate of Prisons thematic review, the lead inspector for that review, Hindpal Singh Bhui, has written a blog that focusses on the experience of Black prison staff. They note that the Black staff they spoke to were often more isolated from their peers than people serving sentences, and few had felt able to talk openly in other forums. The blog explains that while there were a few examples of overt racism, discrimination “characterised by subtle undermining and erosion of confidence, was far more pervasive”. Therefore, the blog outlines that today’s prison racism is rarely easy to pin down conclusively, and so, while identified racism should be dealt with robustly, the problem needs a sophisticated and multi-layered response.
The government’s open secret… | Danny Shaw published a blog about the November announcement that up to 400 police cells would be used to hold people sentenced to custody because of a lack of prison places. Shaw said the increase in the prison population has been known about since the most recent forecasts were published in November 2021, and notes the prison population was below the forecast in 2022. Shaw highlights other factors impacting prison capacity not mentioned by the government. This includes 20 prisons being closed since 2010 without capacity being replaced, the prison building programme being held up by planning disputes, and the shortage of spaces being exacerbated by the government’s new policy on open prison transfers which has reduced the number of people moving to open conditions.
A 20-year strategy for prisons | Prison Reform Trust Director Peter Dawson has written a blog for Revolving Doors’ Rethink and Reset campaign. In this, he sets out the philosophy he would use as the basis for a 20-year prisons strategy. This would include custody being reserved for only serious crime, shorter sentences when custody is inevitable, and no overcrowding; enforceable minimum standards based on a principle of normality; procedures that mitigate rather than reinforce the pain of separation from family and community; a presumption in favour of people in prison accessing internet-enabled technology for communication, learning, and leisure; and greater connection with the community. Dawson suggests delivery could begin with a workforce trained and supervised to match the moral complexity of the job.
Pay for work by people in prison | Virginia Mantouvalou, Professor of Human Rights and Labour Law at University College London, has written a blog for UK Labour Law about pay for work in prison by people serving sentences. Mantouvalou notes that work is one of the most significant activities many people undertake while in prison, but the regulation of prison labour in many contexts is outdated. Focussing specifically on wages, they explore the legal context to prison labour, including relevant legislation and litigation on the issue, and some of the arguments made against paying people in prison minimum wage. They argue that keeping people in prison trapped in structures of exploitation and setting them up to fail post-release is unjust.
Early intervention for gambling-related harm | Russell Webster has published a blog following a recent webinar run by GamCare exploring how to improve identification of, and support for, people with gambling problems who have contact with the police. Webster describes a number of challenges that were raised during the webinar including the level of awareness within the criminal justice system of the growing availability of gambling support and treatment, and that people with gambling problems often experience stigma making them reluctant to disclose their needs. Recommendations that were made to improve the current situation focussed on better links between police custody services and community diversion schemes with local gambling support services. Other recommendations included routine gambling screening for everyone arrested, and training for police and staff providing custody and diversion services.
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This month's edition was written by...
Clinks Policy Officer Franklin Barrington
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