Showing posts with label NAPO. Show all posts
Showing posts with label NAPO. Show all posts

Thursday, 12 September 2024

Probation Meltdown

The new government is slowly working through the mountain of problems created by the Tories, but the probation service cannot wait much longer for that promised 'review'. When is it being announced? The service is in meltdown, discussed here in some detail on PoliticsHome:- 

The Probation Service is "In Meltdown", Say Staff

Every probation service in the UK is failing to meet minimum standards as the service buckles under the weight of record staff shortages and huge caseloads, an investigation by The House magazine has revealed. Staff describe dealing with unsafe numbers of cases and a “s**t show” system “in meltdown” even before this month’s early release of thousands of prisoners to alleviate a jails crisis.

Some probation services are operating with less than half the number of required staff prompting grave internal doubts about their ability to cope with the increased demand.

And with the consequences for those subject to domestic abuse a particular concern prompted by the early release programme, The House has found every probation service in the UK has been criticised for failures – either protecting others from released detainees or ensuring those released are not abused themselves.

The probation service manages the cases of a quarter of million people, largely those who have been released from prison into the community or have been sentenced to community service. That is three times the number of those actually in prison, and yet it is one of the lowest-profile parts of the criminal justice system.

“It's a really difficult, complicated job,” says Martin Jones, the government’s chief inspector of probation. “I think it’s also under-appreciated because it’s such an invisible job.”

But while out of sight and out of mind, pressures have nevertheless been building relentlessly alongside those elsewhere. An analysis of the last 33 reports into every probation service inspected by the government watchdog – HM Inspectorate of Probation – over the last two and a half years reveals the extent of the crisis.

It shows every service has received a failing grade in that period – either ‘requires improvement’ or ‘inadequate’. Two got the lowest score possible. (Typically services are rated from 1 to either 21 or 27, two received a score or 1, a further five of just 2.)

Inspectors repeatedly identified understaffing and "unmanageable" workloads across the country, which had left services failing to do basic jobs like ensuring domestic abusers weren't contacting or threatening former victims, failing to safeguard children and systemically failing to assess the risk posed by former detainees to the public.

Every report found some sort of failure in regards to domestic violence – either failing to support those released from prison who could be victims to it or failing to risk assess those who previously were or could be potential perpetrators of abuse themselves.

Sometimes that wasn’t the direct fault of services themselves – at one unit in Liverpool inspectors found they had a backlog of 1,350 domestic abuse inquiries with the Merseyside Police that had gone unanswered.

At one failing probation service in Peterborough, “nowhere near enough attention” was being paid to monitoring the potential risks posed to the public by released offenders, with officers in 72 per cent of cases failing to properly protect the victims of released offenders.

Sickness and absence rates are so high in some services senior managers were having to handle the casework they were supposed to be overseeing – a situation inspectors called “unsustainable”.

“It’s clear if you read the reports that the probation service is under huge strain,” Jones tells The House. “Having worked in the criminal justice system for over 30 years, the pressures on the probation service are equally as bad as those on prisons by my assessment.”

“It's something that requires urgent attention from the government,” he adds.

At one service he reviewed in Essex, Jones says 55 per cent of the posts for probation officers were vacant, meaning the few staff actually still working there could be dealing with around twice their usual workload. Those kinds of massive staff vacancy rates were common across the country, particularly in big cities like London.

As staff shortages worsen caseloads increase leading in turn to worse staff retention. Some staff are said to be doing up to 200 per cent of their normal caseload as the system struggles to manage 250,000 people.

The personal toll on probation officers can be devastating. “When you see a colleague crying at a desk, that's not at all unusual in a probation office,” says John, who also tells us about another colleague who developed PTSD and attempted suicide from the scale and intensity of the work before being forced to take ill-health early retirement.

John is a near two decade veteran of the probation service who has spent most of his career in the North of England. We changed John’s name to allow him to speak freely and protect him from professional repercussions.

“Everything we do is superficial and last minute. If you've got way more work than you should do, you haven't got the time to sit and spend more than an hour with somebody,” he says.

“If you're always going at 100 miles an hour, you're not doing a considered piece of work when you write up their risk assessment, you’re doing a rush job because you know that you've got another three cases due by a certain time.”

Part of the fear with that kind of overwork is that it means officers are missing chances to stop people from committing serious crimes. Some 578 ‘serious further offences’ were recorded last year, a 10 per cent increase on the year before, though still lower than the record figures set during the system’s privatisation. While those are a small percentage of the total number of people released, each can have an untold, and preventable, impact on the victim or their families.

While the media narrative often focuses on that potential risk to the public, it often ignores the wider impact these failures have on the lives of those newly released from prison. Just under one in seven people are released from prison homeless in 2023-2024, an increase of a third on the year before.

“If probation officers do not have adequate time to address those sorts of issues, then inevitably there's a risk that it just becomes a revolving door,” says Jones. “And the reoffending rates in England and Wales are astonishingly high.”

Part of the reason for that huge increase in cases goes back to former Justice Secretary Chris Grayling’s “disastrous” partial privatisation of the service, which was overturned in 2019 after the number of serious offences like murder and rape by those on probation skyrocketed to record highs. As part of the privatisation deal, companies were forced to take on managing the wellbeing of previously unmonitored low level offenders on very short sentences. When it was renationalised, that new obligation was taken on by the public sector.

The problems in the probation service are heavily worsened by the problems across the rest of the justice system – from record court backlogs to prison overcrowding – which make managing cases a nightmare.

“The whole of the criminal justice system is in meltdown and we’re an important component of that,” says Ian Lawrence, general secretary of NAPO, the trade union for probation workers. He said the union has been repeatedly pushing for a Royal Commission into the failures across the justice system. “It’s a s**t show, basically,” he concludes.

When Labour first announced its plans to authorise the early release of prisoners, insiders say they had had a grim sense of deja vu.

Just two months earlier, the last government had (more quietly) expanded its own early prisoner release scheme, called ECSL, to mean countless more prisoners would be released early. Probation staff had little warning or time to prepare for releases and few criteria were applied on what type of prisoner might be released. It was labelled by NAPO at the time as an “unmitigated failure” and a trigger for potential strike action.

Lawrence says under that scheme probation staff felt “under pressure to sanction someone's release when they knew for a fact they were a high risk” to the public.

“The new scheme couldn’t be worse than ECSL,” John recalls. “But what they've done again is prioritise prison at the expense of probation.”

Under Labour’s programme which begins this month, prisoners will be eligible for early release after serving 40 per cent rather than 50 per cent of their sentences. In theory, certain serious offences, like those with domestic violence convictions would not be covered, but this month the government confirmed that was not always the case. If someone had a history of, say, serious sexual offences, but was currently serving a sentence for something else, they would be eligible.

Some 40,000 prisoners are estimated to benefit from the scheme, meaning the probation service’s caseload could eventually shoot up by as much as a fifth. Some 5,500 prisoners are expected to be released in the next two months alone.

The new scheme came with a promise to recruit 1,000 new probation officers by March 2025 to help deal with the new caseload and address staffing shortfalls in the service, though given it takes 18 months for an officer to qualify, it could be years before the service feels any benefit.

“I'm concerned about the potential impact that this will have, particularly in the short term,” says Jones. “Extra officers in a year or 18 months is great but you've got to through the next 18 months first.”

A Ministry of Justice spokesperson stressed that the government “inherited a prison system in crisis” that was “putting pressure on the wider justice system particularly probation staff”. They added they had been “forced into taking difficult but necessary action so it can keep locking up dangerous criminals and protect the public”.

All of those working in probation who spoke The House spoke said the scale of the crisis had made them rethink the entire structure and future of the probation service.

Jones says the “chronic” issues in the service meant the government needed to consider pruning the numbers or types of ex-detainees the service oversees as “it's probably better to do 70 per cent of the job really well than do 100 per cent of the job poorly”.

NAPO also calls on the government to end or phase out short-term prison sentencing.

“There are too many people in prison for offences that realistically, you should put them on a community order or some other form of reparation,” says NAPO general secretary Lawrence.

"We cannot keep doing this. The early release plans may make a difference to overcrowding in the short term, but it’s a palliative not a long-term cure.”

Andrew Kersley

Sunday, 8 September 2024

Probation Reality of Early Release

This came in yesterday and highlights the grim reality for many probation staff:-

Hi Jim,

I would prefer this is kept anonymous for obvious reasons.

Today, I was at work. Today, I actually cried at my desk. If that isn't horrible enough, two other colleagues were in tears at other parts of the day too.

I speak as a qualified PO. It is unsustainable. I haven't felt like I've been able to fully help someone in months, there have been no wins.

We all know the problem areas; housing, substance misuse support and mental health treatment are struggling as much as we are, but it feels like we are the only ones expected to take on more and more. Empty the prisons onto our caseloads with no extra resources and expect miracles.

In the last 36 hours I've recalled two people, mostly because their needs haven't been met adequately, either through lack of provision in the community or lack of proper focused work in custody. I imagine other POs have exceeded that particular disgraceful statistic.

SDS40 is a longer term plan really. And I fully understand something needed to happen, but there has been absolutely no meaningful emergency support for us. I've lost track of our staffing numbers. At least 3 long term off sick, and other leavers roles not filled. I haven't seen a temp in my office in about 18 months.

Oh, but why am I complaining? Because after reset my WMT is under 100%. So no overtime for me. Even though I am sending this at 10 o'clock on a Friday night and my last email sent for work was at about 7.

Anon

--oo00oo--

This from the Guardian on Friday:-

Some probation officers given a week’s notice of serious offenders’ release, union says

Exclusive: Napo says officers do not feel protected as 2,000 offenders to be let out early to try to ease prison crisis

Probation officers have been given as little as a week’s notice to prepare for serious offenders to be freed in England and Wales under the government’s early-release scheme, the Guardian has been told.

About 2,000 prisoners are expected to be let out on Tuesday 10 September amid warnings of a coming spike in crime. But members of the probation officers’ union Napo were only informed on 3 September that this would include some serious offenders being released into their supervision.

Officers are usually given more than three months to prepare services to help monitor and rehabilitate a serious offender. The development comes as the prison population reached a record high on Friday.

The justice secretary, Shabana Mahmood, said in July that the SDS40 scheme – under which offenders with standard determinate sentences will be released after they have served 40% of their term – would be introduced in September to give the Probation Service time to prepare.

Tania Bassett, a national official at Napo, said: “Our members from across the UK have not been given eight weeks to prepare for the high risk of harm of some dangerous offenders. We have received reports of late information about releases from the north-east, Reading and other areas. In some cases, our members were told on Tuesday – a week before the early release date – that serious offenders would be released in their area.”

She said the number of recalls of offenders was expected to rise because of the increased workload on officers. “If prisoners are released so late that our members are given a few days to prepare for people who may be serious offenders, then, inevitably, recalls are likely to go up.”

While the majority of people being released under the scheme will be lower-level offenders, there have previously been serious incidents after prisoners were released on licence, including Jordan McSweeney, who murdered two days after he had been recalled to prison.

The union said some members have said the early release scheme has left them feeling further exposed to persecution if their clients commit a serious offence. One officer told the union: “We don’t feel protected. It feels like the service doesn’t care about us.”

The probation watchdog has told the Guardian that “a small proportion” of the 2,000 offenders due to be freed could be expected to go on to commit serious crimes.

Martin Jones, the chief inspector of probation in England and Wales, said that late information about who was being released would place “huge additional pressures” on probation staff.

“The eternal optimist says that the scheme will go well. But the realist in me says that some of those released will go on to reoffend, and a small proportion of those will be serious offences,” he said.

About 300 offenders on probation commit serious further offences every year, which relate to specific violent or sexual offences that make them a particular risk to the public.

Under the SDS40 scheme, an estimated 2,000 prisoners serving sentences of less than five years will be released on 10 September, followed by a further 1,700, who are serving sentences of more than five years, on 22 October.

The scheme was announced by Mahmood days after the general election amid warnings that the criminal justice system was on the brink of collapse.

Official figures showed there were 88,521 people in prison on Friday, 171 more than the previous record set at the end of last week.

A Ministry of Justice spokesperson said: “The new government inherited a justice system in crisis, with prisons on the point of collapse. It has been forced to introduce an early release programme to stop a crisis that would have overwhelmed the criminal justice system.

“That is why the new lord chancellor announced in July that she was scrapping the previous government’s early release scheme, replacing it with a system which gives probation staff more time to prepare for a prisoner’s release and a live database for affected cases that staff can check in real time.”

--oo00oo--

Postscript

David Shipley, a former prisoner who now writes about prison and justice issues, and who has written for On Probation, is writing an article for the Spectator about the dangers and extra pressure for Probation staff as a result of SDS40. He would welcome any anonymous quotes and views from current probation staff. David@david-shipley.com

Friday, 6 September 2024

Probation Over Capacity

This confirmation of the situation from Channel 4 News Sept 3rd does not bode well for the impending emergency release of prisoners:- 

The probation service for England and Wales has been working over capacity every month since January 2023, FactCheck can reveal.

Figures obtained exclusively from the Ministry of Justice show the service has consistently been working at around 120 per cent capacity – meaning the average officer has about six days’ work to do in a five-day week.

Our findings come as the government plans to release around 2,000 prisoners on a single day next week as part of plans to ease overcrowding – which is expected to put even more pressure on the probation system. FactCheck takes a look.

How are probation workloads calculated?

Probation officers have access to a “workload measurement tool“ which estimates how many hours of work are required to manage their caseload. If an officer is assigned a certain case, the tool will estimate how many hours of work that case will likely demand from the officer.

We understand that the percentage workload compares the estimated number of hours it should take to manage all of an officer’s cases, to the amount of time that officer is actually contracted to work.

So if an officer has 12 hours’ worth of work to do, but only 10 hours in which to do it, they would be deemed to have a workload of 120 per cent.

Exclusive FactCheck figures

We obtained exclusive data about probation workload through a Freedom of Information request to the Ministry of Justice. The data shows that the probation service – which covers all of England and Wales – was working at an average of 120 per cent capacity across the months of 2023.

For an individual officer, this would be equivalent to having six days’ worth of work to do in a five-day working week. And the service has been working at 117 per cent capacity on average in 2024 so far. The data for 2024 goes up to June.


It’s important to note that the figures come in the form of snapshots – telling us about a single day at the beginning of the relevant month.

Even worse than the data shows?

The Ministry of Justice highlighted that the workload measurement tool data is “based on averages and assumptions, and gives an overall measure [of workload] across the system”.

It pointed out that as the tool is based on estimates, it is not a perfectly accurate reflection of real-life workload, or the “peaks and troughs of sentence management”.

NAPO, the union representing probation officers, told FactCheck that the workload measurement tool often underestimates how much time a given probation case will actually require from an officer. The union said that this means the percentage workloads calculated by the tool are understated too.

‘Excessive’ workloads?

The probation service has its own measure of overwork. It says that if a probation officer is working at 110 per cent capacity for four weeks in a row, their workload is “excessive”.

Our exclusive data suggests that the average officer would have been above this threshold in every month since January 2023. However, since we don’t have data on the workload of individual officers, we can’t say for certain how many officers were over this threshold for every week in the month.

But the probation officers’ union told us that they have anecdotal evidence of many of their members regularly working at 150 per cent capacity. (We put this to the Ministry of Justice, which did not directly respond to the claim.)

A Ministry of Justice spokesperson told us: “The new Lord Chancellor has already committed to recruiting 1,000 new trainee probation officers to bolster the supervision of offenders, ease workloads and better protect the public. We’ve also brought forward planned pay rises by six months meaning entry level frontline staff will receive a bonus of more than £1,000”.

Wednesday, 21 August 2024

What A Fine Mess

As recruitment for trainee Probation Officers opens, we await the new government finally getting around to setting up the promised Review into the Probation Service and the situation continues to deteriorate on a daily basis. This from Guardian yesterday:-

Union warns of probation officer shortage ahead of prisoners’ early releases

Up to 2,000 offenders due to be freed in England and Wales in September after serving 40% of sentence

Ministers will struggle to prepare for next month’s early release of thousands of prisoners, a union has warned, after the latest figures showed a drop in the number of probation officers.

Ministry of Justice data shows there were 178 fewer probation officers over the last quarter, as the service gets ready to monitor another 5,500 prisoners released over the next year despite deepening concerns over increased workloads for staff.

Up to 2,000 prisoners are expected to be released in the second week of September as part of an early release scheme, called SDS40, which will allow many prisoners to walk from prison after serving 40% of their sentences.

A second tranche of up to 1,700 prisoners, all jailed for more than five years, are expected to be freed in late October after the law was changed by the lord chancellor, Shabana Mahmood, to relieve pressure on overcrowded prisons.

A senior official from Napo, the probation officers’ union, said its members were trying to prepare for the early release scheme but the government was unable to maintain staffing levels, let alone recruit more, as required.

“At a time when probation is under even more pressure from workloads in preparation for the SDS40 early release scheme, we now see a drop in staffing numbers. HMPPS [HM Prison and Probation Service] needs to understand why people are leaving, and this will include pay. The crisis in our justice system is a result of years of cuts and the government must take urgent action to invest in the whole system,” Tania Bassett, a Napo national official, said.

According to Bassett, SDS40 requires probation staff to carry out extensive pre-release work. This includes reviewing risk assessments, making referrals to accommodation including probation hostels, carrying out home visits, coordinating with victim liaison officers and domestic abuse support officers and developing robust multi-agency safeguarding plans.

“Doing this work at a time when many staff are on annual leave has put enormous pressure on probation staff. HM Prison and Probation Service has been telling unions that probation will be fully staffed since 2014,” she said.

MoJ figures show there were 5,160 full-time band 4 probation officers in post in June 2024, which is a decrease of 178 compared with March 2024.

Martin Jones, the chief inspector of probation in England and Wales, told the Guardian in July that the current probation model was “not sustainable” and suggested ministers should free up capacity by no longer asking probation officers to monitor 40,000 people released from prison after short custodial sentences for crimes such as shoplifting.

As part of an overview of the probation system, which manages more than 240,000 offenders a year, Jones said each of the service’s 12 regions in England and Wales were already struggling to cope with the number of cases. More than 95% of probation delivery units examined by the watchdog were falling below the standards set for good practice, he said.

The way that offenders are monitored in the community has come under intense scrutiny since the murder of Zara Aleena, a law graduate, in east London in 2022. Her killer, Jordan McSweeney, who had a long history of misogynistic and racially aggravated incidents, should have been seen by probation officers as a high-risk offender and recalled to prison after missing appointments. Instead, he was incorrectly assessed as being of medium risk and remained free to attack Aleena.

That case followed the exposure of failings by the probation service before Damien Bendall murdered three children and his pregnant partner in Derbyshire in 2021.

On Monday, the government said it would launch Operation Early Dawn, a longstanding plan that means defendants waiting for a court appearance can be held in police cells for longer until prison space is available. The emergency scheme has been announced as hundreds of rioters are jailed in the wake of unrest this summer.

The director of public prosecutions has said the criminal justice system requires “considerable investment” as the jailed rioters continue to put pressure on overcrowded prisons.

In a piece for the Times, Stephen Parkinson defended the “brisk” nature of the disorder prosecutions, saying cases such as rape and domestic violence take longer to build and are more “complex”.

A Ministry of Justice spokesperson said: “We inherited a prison system in crisis and have taken difficult but necessary action to make sure we can keep locking up dangerous criminals and protect the public, and since then the Probation Service has been planning for these releases.

“Everyone released will be strictly monitored, face tough licence conditions like electronic tagging and curfews and could be recalled to prison if they breach licence conditions.”

--oo00oo--

Of course building more prisons is not the sustainable answer to the prison crisis. This from the Guardian last week:-

Labour urged to scrap £4bn Tory mega-jails plan and fund rehabilitation

Exclusive: Former chief inspector of prisons Nick Hardwick says money would be better spent preventing crime

Ministers should scrap Conservative plans to build new mega-jails and pour £4bn into the prevention of crime and rehabilitation instead, the former chief inspector of prisons has said.

Nick Hardwick, who is also a former head of the Parole Board, said a huge expansion of the prison system would not solve the problem, especially when average custodial sentences are rising.

Keir Starmer inherited a crisis in the prisons system when he took office, and blamed the previous government for letting prisons operate at 99% capacity for 18 months with a net number of 100 prisoners added every week. He announced an expansion of the Tory scheme of releasing tens of thousands of inmates early to try to prevent jails becoming full.

On top of the early release scheme, Labour has suggested it will keep the Conservatives’ plan to expand the prison system by at least 14,000 places in England and Wales, up from about 89,000 now, including six new prisons, at a cost of £4bn. Planned “super-prisons” in Lancashire, Leicestershire and Buckinghamshire have been hit by delays.

Pressure on prisons has only increased with riots across England this month leading to more than 1,000 arrests. But, in an interview with the Guardian, Hardwick said hugely expanding the prison system was not the solution and that the current size of the incarcerated population was unsustainable.

“The basic problem is that people are coming into the system faster than they are going out. If you think of it like a bath, the bath is overflowing and water is still coming in,” he said.

“The strategy has been up until now – and what Labour is continuing to do – is bail out the bath … That will certainly buy them some time. But it doesn’t solve the problem completely. The system is set to continue to increase.

“Labour have said they were going to spend billions, literally billions, on new prisons. But if they bought themselves a bit of time, would it be better to reinvest that money in trying to stop people going into prison in the first place – working in schools, in health, in mental health?

“You could ask people: do you want people to go to prison for a few months longer at a cost of billions of pounds, or spend that money on hospitals and schools?”

Hardwick said he thought prison was “right for those involved in the riots, and the speed at which this was done – in contrast to how the system usually works – will be a deterrent”.

But he added: “I think the system will cope until [the end of] August provided there are no more crises but in the longer term the current prison population is unsustainable without billions being spent. And even then I don’t think the new places can be delivered in time to deal with the sustained upward pressure in the population.”

Hardwick was chief inspector of prisons from 2010 to 2016 and then head of the Parole Board until 2018. He quit the Parole Board after judges overturned the release of the rapist John Worboys, though Hardwick played no role in the decision.

Hardwick, who was a professor of criminal justice at Royal Holloway, University of London, until last month, said the policy of building more big jails would simply mean prisoners spending a few extra months inside, which was unlikely to act as a deterrent to crime:

“I don’t think it’s a good way to spend money to build big new prisons. We are spending billions on an untested model that we don’t know works. We’ve not run prisons of this size before.

“Even if in the longer run they work, by the nature of these prisons they will have new, inexperienced staff, so you are going to have real problems in some of them, I think. You might want to replace some of the crumbling Victorian ruins. But I think they need to think very carefully about whether they want to invest at this level given how short of money they are and put that money somewhere else.”

The justice secretary, Shabana Mahmood, told the Telegraph in an interview before the election that Labour would build more prisons by prioritising them in the planning system. However, Labour’s manifesto did not commit to a specific number of new prisons or amount of prison places.

Starmer’s government has said solving the prisons crisis is a priority, and appointed James Timpson, a businessman who employs former prisoners, to the role of justice minister. Timpson has previously said that he thinks prison does not work for many people, and that only a third of inmates should really be there.

Victims’ groups have raised concerns about plans to release some prisoners after 40% of their sentences, but Hardwick said this would allow some suspects who are on bail and yet to be convicted to be sentenced and off the streets sooner.

“Mistakes will be made. I’m sure about that, because you’re talking about big numbers and some people will reoffend,” he said. “They will reoffend a bit sooner than they would otherwise have reoffended. But if we leave the system as it is we have no possibility of addressing their behaviour.

“And we are in a position now where, because the prison system is full, you have people on bail accused of domestic violence – who might be innocent – but if they’re guilty we can’t process them quickly enough to reduce the threat because of the problems in the system.

“You have victims waiting for years for the trial and to know what will happen. They can’t sort the backlog unless they sort the prison population out.”

A Ministry of Justice spokesperson said: “This government is committed to addressing the crisis in our prisons, and ensuring our jails make better citizens, not better criminals.

“That has started with the emergency capacity measures introduced by the lord chancellor last month, and we will set out a 10-year strategy for prison supply later this year. We will also introduce a new focus on driving down reoffending, linking up prison governors with local employers to break the cycle of crime.”

Saturday, 3 August 2024

New Pay Offer

This published and circulated to members by Napo yesterday:-

Government agree to RE-OPEN PAY TALKS

Napo’s Probation Negotiating Committee met yesterday to consider a pay offer that had received the personal endorsement of the new Lord Chancellor Shabana Mahmood. While the PNC noted that the offer does not wholly satisfy the terms of Napo’s current trade dispute on pay and workloads, it follows the joint unions’ campaign to re-open the three year pay award to give probation staff more pay now. The unions submitted a claim to get more pay back in 2023, which HMPPS rejected in April this year.

But following votes in the UNISON and Napo consultative ballots of members which showed strong support for consideration of industrial action, the change of government, the escalating prison overcrowding crisis and the embarrassment of probation pay falling further and further behind prison pay, HMPPS finally agreed to re-open the award and offer more money in this final year of the Multi Year Pay Deal MYPD to our members. Of course, It would have been better if the employer had done this much earlier, but their hands were tied by the previous Conservative government.

The HMPPS offer would not have happened without the unions’ campaign to re-open the pay talks over the last year and a half.

HMPPS OFFER

The offer which HMPPS made to the unions this week is for:

1. The pay rise for all staff which was due on 1 October 2024 to be brought forward to 1 April 2024. This will deliver much needed additional cash to staff 6 months earlier than set out in the current three year pay award. The back pay owing will be paid in a single lump sum as soon as possible. This money will be subject to tax and national insurance in the usual way. staff who have left the organisation since 1st April 2024 will be entitled to the pay rise back pay so we ask colleagues who may be in touch with them to tell them to write in to claim it.

2. The deletion of the lowest pay point in pay band 2. The unions have been battling for months to get HMPPS to treat pay band 2 staff fairly who were affected by the implementation of the national living wage in April 2024. The offer from HMPPS will delete the lowest pay point in pay band 2 and move all staff on this pay point to the next highest pay point of £23,250 (full time salary) backdated to 1 April 2024.

3. The temporary extension of premium overtime rates to pay bands 4, 5 & 6 until 31 March 2025. Currently, staff on pay bands 4, 5 & 6 are only entitled to time off in lieu or payment at plain time for any additional hours worked above contractual hours. The unions have been seeking the extension of premium overtime rates since the start of this year, so this is a welcome move. However, the Unions want to see this made permanent. The extension of premium overtime rates is undoubtedly linked to the demand which is coming Probation’s way from SDS40. There is very little likelihood of this demand having receded by 31 March 2025, so Napo will be arguing that these overtime rates will have to be extended again.

4. A temporary overtime bonus scheme. In addition to the extension of premium overtime pay to pay bands 4, 5 & 6, HMPPS has offered an overtime incentive scheme as follows:
a. £125 payable to staff after two weeks in which the employee has committed to work at least 5 hours per week over a two week period.
b. £250 payable to staff after four weeks in which the employee has committed to work at least 5 hours per week over a four week period.
Napo ACCEPTS the offer Napo’s PNC met on 1 August to consider the offer. The Committee agreed to accept the offer with the following reservations.

1. HMPPS to confirm when the lump sum back pay will actually be paid
2. HMPPS to set out what staff on each pay point in pay bands 2-6 can expect by way of lump sum backpay (gross pay) when the offer is paid
3. HMPPS to set the detail of the pay band 2 proposal
4. HMPPS to enter into urgent negotiations with the unions with immediate effect to agree the protocols which will govern the award and payment of overtime and the overtime incentive scheme going forward for staff on pay bands 2-6. Both overtime and the incentive scheme must be administered fairly and transparently AND GIVE ACCESS TO ALL STAFF WHO CHOOSE TO TAKE UP THE OFFER IRRESPECTIVE OF PAYBAND AND ROLE. These talks must also clear up the on-going misapplication of sessional pay for overtime and the confusion over the relationship between overtime and unsocial hours to the unions’ satisfaction.

Napo’s Negotiating Committee also AGREED THAT OUR CURRENT TRADE DISPUTE IS NOT FULLY RESOLVED AND TALKS CONTINUE AT HIGH LEVEL ON THE NEED TO REDUCE WORKLOADS.

WHAT NEXT?

Subject to the urgent talks next week, the rules for the extension of overtime and the overtime incentive scheme should be published shortly. HMPPS should also confirm to staff what they are entitled to by way of backpay for the early payment of this year’s salary increase with effect from 1 April.

With probation pay falling further and further behind prison service pay (Prison staff got a 5% pay rise last week) our attention will then turn to next year’s pay claim. Members can expect to be consulted on your ideas for our 2025 pay claim in the autumn.

THANKS

Thanks to all the Napo members who took part in our digital consultative ballot back in June. Of those voting, 98% said that they would be prepared to consider industrial action to get HMPPS to offer more pay if formally balloted. This showed HMPPS the strength of feeling of members over their pay and this could not be ignored.

Friday, 2 August 2024

End of An Era

We need to get probation out of HMPPS and the civil service. Napo mailing yesterday:-

Today is a day for reflection, particularly for our members who were working in the Divisional Sex Offender Units, as today, technically these units no longer exist. It is an end of an era for the Probation Service, which has historically prided itself on being an evidence based and research driven organisation, and these teams were held in high regard by sentencers, police, social services and by sentence management colleagues for the knowledge and insight they bought in working with people who have committed sexual offences. 

No reason has been given for the removal of these experienced teams, other than "career progression" for those without a probation qualification and who will now be expected to deliver Horizon and New Me Strengths (for those with intellectual disabilities), in the main without the experience and same level of training as those gone before and without an increase in pay, whilst moving into the rollout of Building Choices, which will be one programme whatever the offence may be.

Napo and our sister unions, along with our members (THANK YOU), have worked hard over the last 4 years to raise the concerns for public safety by removing the divisional sex offender units, but sadly the wider HMPPS has refused to hear these. Be assured though, we are still continuing to challenge this in every way we can.

Napo wish to acknowledge our members in those lost units and their commitment to the work to give those convicted of sexual offences an opportunity to address their reasons for making those choices to ensure no more victims going forward, their commitment to ending violence against women and children, their commitment to supporting colleagues in sentence management and overall their commitment to keeping the public safe.

Thank you for your service, we value and respect you.

Tuesday, 9 July 2024

A Very Bad Idea

Regular readers will recall that one unfortunate casualty of Rishi Sunak having a hissy fit and calling a very unexpected general election was the last minute cancellation of a BBC Newsnight investigation into the mess HMPPS was making of sex offender programmes.

Sadly, but very conveniently for HMPPS, this film will never see the light of day due to the BBC culling all the investigative journalists from Newsnight and reducing the programme to 30 rather than 45 minutes. Fortunately, I see the subject gets a thorough airing in this piece published yesterday by ByLine Times:-

Ministry of Justice Downgrading of Sex Offender Rehabilitation Will Have ‘Catastrophic Effect’ on Public Safety, Union Warns

The salaries of specialist probation officers who manage sex offenders are being cut – and 77% say they plan to leave the job.

New plans to cut the salaries of specialist probation officers who manage the risk of sex offenders could have a “catastrophic” effect on public safety, unions warn.

Sex offenders in England and Wales are often required to take part in Horizon, a programme designed to reduce their risk of reoffending. Around 1 in 10 sex offenders go on to commit a similar crime.

The programme is facilitated by specialised officers, many of whom have decades of experience working with sex offenders, but the Ministry of Justice (MoJ) has decided the role will drop from band 4 to band 3 for new recruits from 1 August 2024, which will result in a pay cut of up to £10,000.

Facilitators will no longer be required to be qualified probation officers, which comes with two years’ training, including risk management and risk assessment.

Around 93% of Horizon facilitators think the public will be at increased risk following these changes, according to an internal survey of members of the union Napo seen by Byline Times.

These changes are like “putting the teaching assistants in charge of the school,” says Laura, a specialist probation officer with experience facilitating and managing these programmes. Laura, (not her real name) added that it takes a lot of experience to be able to idenitfy the signs that someone may reoffend.

“People with 10 to 20 years’ experience are really good at picking up on the signs when someone is becoming risky,” the specialist probation officer says. “And we have a degree-level qualification in managing risk."

“My concern is that we’ll lose these experienced staff who are good at identifying risk, and I can think of a number of situations where staff running these programmes have identified risk that has led to us finding out that men have been having contact with children they shouldn’t have been, which has led to them being recalled to prison.”

Facilitators who are currently at band 4 will have their pay frozen for three years, then it will drop to band 3, and their job roles will encompass a broader range of programmes.

The decision has caused a “serious loss of trust” among facilitators, says Max (not his real name), a probation officer with over a decade’s experience of facilitating sex offender programmes. “A lot of people around me, with a lot of experience, are thinking about leaving the service,” he says.

According to NAPO’s survey, 77% of specialist probation officers say they will leave their team. This will leave inexperienced staff to do the work, says Napo’s Tania Bassett. 

“Inexperienced staff will need to be trained in Horizon, which will take time, and in some cases there is no training provision,” she told Byline Times. 
"As a result, we expect large parts of the country to be left unable to deliver any sex offender work for quite a few months."

“Existing groups are likely to be withdrawn as there won’t be any staff left to complete them. Evidence shows that, where a programme is only partially completed, risk of offenders increases.”

Probation officers that manage people on probation are supported by divisional sex offender units, which consist of specialist probation staff that deliver Horizon. They’re trained to conduct thorough risk assessments and sentence management plans for sex offenders, and provide tailored interventions.

“A lot of probation officers with caseloads lack the confidence of how to work with people with sexual convictions, and look to us for advice,” says Max. 

The new plans will eliminate this oversight across the country, says Rebecca (not her real name), a senior probation officer, who declined to provide her name. “There will be a two-tier workforce that will be watered down over time because experienced staff have left and continue to do so. They don’t want to go back into the field doing case management and overseeing an extremely high caseload, which holds a significant level of accountability. We’re walking into a furnace.”

This move could have a “catastrophic” effect on public safety, says Unison, one of the UK’s largest trade unions.

“With the probation service suffering from an acute workload and staffing crisis, it’s all the more important to hold on to experienced employees to supervise complex cases effectively,” says Ben Priestley, the union’s national officer for police and probation. 
"Doing away with specialist units with expertise in dealing with sex offenders will lead to a significant loss of skilled staff with the necessary experience. Communities will be left without the protection they deserve and require."

The agenda around punishing sex offenders seems to focus on increasing sentences, rather than protecting those at risk of being targeted by sex offenders, says Harriet Wistrich, founder and director of the Centre for Women’s Justice.

Wistrich, a solicitor who acted for some of the victims of John Worboys, known as the ‘black cab rapist’, told Byline Times: “Unless you lock everyone up forever, people will come up of prison, usually on license, and this is a critical time. If they’re regarded low enough in risk, that risk should be very carefully monitored by probation, which requires particular skills and experience.

“Sex offending is a specific type offending. It’s quite different from a lot of other offending because it seems many sex offenders are quite able to present themselves in ways that won’t necessarily make them appear to be a risk to those who aren’t very skilled at identifying and understanding that risk and manipulation,” she says.

There are also plans to replace Horizon, which is designed specifically for those with sexual convictions, with a ‘one-size-fits-all’ course, Next Generation of Accredited Programmes.

Simon (not his real name) completed Horizon while on probation after serving time for a sexual offence and credits it with changing his life. “Getting caught helped me see there were things I needed to address to understand why I did what I did, and I’m a better person now,” he says. “Horizon provides an understanding that we’re all built differently, and it takes a trigger to send you over the edge.”

Simon praises the facilitators, saying they were “excellent” and know how to “treat people”. “If one of us stepped out of line, they were soon told,” he told Byline Times. “You could see their experience in how they spoke to you. Having that experience was vital.”

The move should be a concern to the public, says George Georgiou, GMB’s national officer.

“The work undertaken with people who have committed sexual offences is – and has been for decades – specialised,” he says. “The way people offend and the theories and approaches to addressing this behaviour varies by offence type. “Evidence shows the effective treatment of people who have committed offences of a sexual nature does reduce the risk of their reoffending. GMB is concerned removing specialist workers leaves the public at risk of increased reoffending.”

Daniel, (not his real name) was sexually abused by a teacher when he was 13.

The 55-year-old says he’s struggled with feelings of guilt for not going to the police about his abuser, who went on to sexually abuse other children. “It’s so vital that the right infrastructure is in place to support and rehabilitate people so they don’t reoffend,” he says.

A Probation Service spokesperson told Byline Times that sex offenders are “supervised by qualified probation officers and the Horizon behaviour change programme they undertake will continue to be delivered by appropriately trained staff. These changes will ensure these programmes are delivered consistently across the country to reduce the risk of reoffending.”

Jessica Bradley

Thursday, 6 June 2024

Probation's Political Demands

As the election campaign starts to get tetchy and the dodgy financial figures start flying, it's as important as ever that truth will out, purdah or not. It's extremely significant that HM Treasury Permanent Secretary has speedily turned to print in order to rubbish the position regarding the suggested £2,000 Labour tax hike. Sadly, we're going to hear a lot of misinformation like this over the coming weeks, particularly from the side on the ropes and now increasingly desperate to minimise the impending rout.

Talking of the election, thanks must go to long-term reader, supporter and contributor 'Getafix firstly for providing yet another succinct 'mission statement' which has been 'liked' many times on Twitter:-
"If probation is not about change and rehabilitation it's doomed to always be just an extension of the prison service."

and for spotting this published yesterday on the Unison website:-  

Opinion: 10 reasons why the civil service can’t do probation

Since Chris Grayling’s disastrous 2014 probation reforms, first part of, and since 2021 all of the probation service has been run centrally from Whitehall, as part of His Majesty’s Prison and Probation Service (HMPPS) in the Ministry of Justice (MOJ). Its staff are civil servants. As a consequence, HMPPS has struggled with operational delivery. A central model of probation delivery is simply too remote and too top-down to manage probation effectively or efficiently.

UNISON is campaigning with the Labour Group of Police and Crime Commissioners for probation to be removed from civil service control and handed back to local delivery, expertise and democratic oversight. Here are 10 reasons why.

Central control is bad for local delivery

Prior to 2014, probation trusts were high performing local services working on the same footprint as police forces. This allowed effective working with partners like the police, courts, local authorities, the NHS and the voluntary sector. In 2014, trusts were abolished in favour of direct management by the MOJ for half the service and privatisation for the other half. And performance has never recovered. From June 2021, the whole service was unified under MOJ control.

Central control tramples over professional independence

Before 2014, there was a chief probation officer in every local probation trust, working at the same level as the chief constables in local police forces. Thirty-five of these chief probation officers collectively led an independent profession.

The 2014 reforms to probation axed all these positions and now there is only one chief probation officer, who is a senior civil servant. This completely undermines independent, local, professional leadership.

Generic jobs damage local responsiveness

HMPPS has removed specialist probation jobs and replaced them with generic roles that cover too many responsibilities. This includes the closure of divisional sex offender units and the removal of specialist enforcement officers. This cost-cutting measure has destroyed local responsiveness.

The prison service dominates

The prison service is now the dominant partner in HMPPS, with probation forced into a subservient position. This means that frequent prison crises eat up ministerial attention and resources which are denied to probation.

HMPPS wants to own the professional register

There has been talk for many years of setting up a professional register for probation practitioners. HMPPS first proposed that it should become the registration body for probation, which would make it both judge and jury over professional matters.

MOJ central services are inefficient

The civil service centralises functions like payroll, HR, facilities management and training, which has led to probation pay and conditions, including pensions, being poorly administered. This is an inefficient system that has lowered staff morale and productivity.

Civil service pay is chronically low

The probation service is unable to recruit and retain skilled staff due to the chronic low pay issues in the civil service. In March 2024, the Public Accounts Committee identified the link between longstanding pay issues and staff satisfaction.

Workloads are unmanageable

The Probation Service has a workloads crisis, which is why UNISON is part of the joint union campaign Operation Protect. Staffing shortages, unmanageable caseloads and high levels of stress have not been managed down by HMPPS, which means that probation workers, people on probation and communities are all put at risk. Meanwhile, the civil service is too slow and bureaucratic to tackle this.

Constant reorganisation causes churn and disruption

The civil service is in a state of almost constant top-down reorganisation, which has never allowed probation to just get on with its core mission. The One HMPPS strategy to align prisons and probation is just the latest in a series of ill-conceived and poorly delivered change programmes designed to reduce the independence of probation and make it more difficult to extract it from civil service control.

More senior managers won’t solve these problems

The One HMPPS strategy has created a totally new layer of senior managers (area executive directors) at great cost to the public purse, when what is really needed is a focus on supporting frontline staff with better pay and conditions.

Probation workers and unions know better than anyone that, until probation is removed from civil service control and handed back to local management and oversight, it will continue to struggle. Overall, the priorities of the civil service are totally incompatible with a thriving, independent probation service that delivers for both people on probation and local communities.

--oo00oo--

Of particular interest is this:-
"UNISON is campaigning with the Labour Group of Police and Crime Commissioners for probation to be removed from civil service control and handed back to local delivery, expertise and democratic oversight."

I can understand that not being affiliated to any political party means that Napo cannot 'campaign' with the Labour Group of Police and Crime Commissioners, it's nevertheless to be hoped conversations are being held. Here is Napo's political shopping list also recently published as 'Manifesto Asks':- 

PROBATION ENGLAND & WALES

1. A Royal Commission into the Criminal Justice System. 

As proposed in our joint motion with the Prison Officers Association as passed at the TUC in 2023, Napo calls for a commission across the whole criminal justice system to fully review and evaluate what has gone wrong and develop solutions to the current crisis. 

2.Take Probation out of HMPPS and the Civil Service. 

Napo AGM policy is get probation out of the civil service and free from prisons. We need a probation service that is based in the local communities it serves and not run by policy makers in Ministry of Justice. 

3.Devolution of Justice in Wales. 

Napo AGM 2023 passed a Napo Cymru motion to support the devolution of Justice in Wales. This would a step towards a locally run service and the Senedd scrutiny over its own probation service. 

4.Emergency funding for front facing services and staff in probation. 

Operation Protect has highlighted the chronic staffing and workloads crisis in Probation. We are calling for urgent emergency funding to invest in staff carrying out additional work to ease the prison crisis.

5.A future government must engage with Napo. 

Whoever forms the next government must engage with Napo as a matter of urgency to fully understand the probation crisis and work with us to develop a long term strategy for solving the many problems probation faces. Our members are the experts and can play a vital role in finding solutions whilst maintaining best practice.

PROBATION NORTHERN IRELAND 

1.Investment in the Probation Board Northern Ireland 

Historically PBNI has always been under funded by central government. Napo is calling for increased investment to ensure the effective running of the criminal justice system. Funding is vital to enable probation to retain skilled staff and interact effectively with other agencies such as health and social care and prisons. 

FAMILY COURT SECTION 

1.Get Family Courts out of the Ministry of Justice 

CAFCASS has been chronically under funded for a number of years that has resulted in stagnated and uncompetitive pay with many staff leaving and has prevented the service from developing its good practices. 

2.Additional Funding 

Additional funding would enable CAFCASS to develop policies for the benefit of families and children. An independent service would focus on improving the services available to all, especially those that are not able to financially afford access to legal advice. It would also ensure our members were no longer held back by the civil service pay remit.

Sunday, 2 June 2024

Latest From Napo 240

Friday's Napo mailout to members reminded me about this:- 

ENOUGH IS ENOUGH – A CONSULTATIVE BALLOT ON PAY AND WORKLOADS

Why are you receiving this communication?

As explained in the mail out that we sent you last Friday (17th May), Napo is launching a consultative ballot to all of our members working in Probation (England and Wales). We are doing so on the basis of the refusal of the Probation Service to re-open the current 3 year pay award and the inadequate progress to address the current workload crisis.

What are we asking you to do?

In view of the above your union is asking you to indicate whether you would be prepared to take future action which may include industrial action, to put pressure on the Probation Service to enter into pay negotiations and to take immediate steps to offer some relief from the chaotic workloads being faced by staff at all grades. This consultative exercise is not a formal ballot for such a step, and any action in the future would be determined in consultation with your National Executive Committee (NEC) and would follow a formal postal ballot of all full members at a later date. UNISON and GMB/SCOOP are also consulting with their members.

Why are we in this situation?

Around a year ago, the three probation unions, including UNISON and GMB/SCOOP, submitted a claim to re-open the current 3-year pay award to secure more pay for you and your colleagues. We did this in response to the worsening cost of living crisis. In April this year, HMPPS finally confirmed that it was refusing to re-open the pay award. Since then, we have seen even more pressure heaped on our members because of this Government’s mismanagement of the criminal justice system, for example the dangerous and flawed End of Custody Supervised Licence (ECSL) scheme. Moreover, there has been no recognition of this by Ministers while huge amounts of money can be found for the Prison estate. Just this week we have seen figures showing the disparity in the numbers of staff employed in the prison system compared to Probation.

This, along with the number of disputes that have already been lodged with the employer by the unions (for example on the implementation of the ‘One HMPPS’ project), along with the lack of meaningful progress on the ‘Probation Reset’ plans, are the key reasons for us being in this position. It is the union’s belief that workload relief, in some form, must be extended to all Probation Service staff and not only restricted to one function or a limited group of staff. Accordingly, Napo were party to a joint submission to HMPPS (see JTUS 12) which set out a series of measures that we believe were both realistic and effective, though at this point no progress has been made on these proposals.

What do I need to do next?

For security reasons you must be registered on the Napo website to take part in the consultative ballot, as the ballot will only be accessible if you are logged in to the website. If you have not already registered on the Napo website then please do so here. You will need your membership number which has been sent directly to members.

It’s vitally important that in addition to taking part in the consultative ballot that our membership database accurately includes your Job Title and Workplace address. Many members have assisted us already by checking their details online and submitting these to our membership section. It only takes a couple of minutes, and you can easily do this by logging into the Napo website here and then choosing the “Edit Profile” option.

Or you can also ensure we have your up-to-date work details by sending an email from your work email address to membership@napo.org.uk, confirming that the details in your email signature are current. If you use Probation Practitioner in your email signature, please identify whether you are a PO or PSO in your email.

How to vote

You will be able to access the consultative ballot question via a digital voting link here https://www.napo.org.uk/enough-is-enough-ballot . Please do not under any circumstances forward the voting e-mail, or link, to other Napo members or non-members.

The question will ask:

‘In view of the trade dispute submitted on behalf of Napo members to HMPPS on pay and workloads, I would be prepared to consider action and possible industrial action in furtherance of Napo’s objectives.’

*Please note this is not a ballot for action or industrial action of any kind. Such developments would only follow from a second statutory ballot should a decision be taken by the National Executive Committee to proceed to this stage.

There will also be some on-line meetings for Napo members during the consultative ballot, please see below for details. Please also look out for further information once the ballot has opened and try to attend one of these events. Also, please encourage any colleagues who are not yet in a union to join Napo.

The ballot will open on Thursday 23rd May and close at Noon on Monday 24th June so please do all you can to vote and encourage other members to do the same.

The following two meetings will be open to members and non-members; please encourage colleagues to attend, whether they are members or not, but remember to vote in the consultative ballot they will need to join Napo (https://www.napo.org.uk/content/join-us).

Meeting 3 Wednesday 12th June – 12.30 – 13.30pm

Meeting 4 – for members only: Tuesday 18th June – 1-2pm

Further information about the ballot will be made available via Branch Membership Secretaries once the ballot has opened for any members who may not have received the e-mail with the voting link. Please read the included documentation carefully and vote ‘Yes’ to the question.

Ian Lawrence - General Secretary 
Ben Cockburn - Acting National Chair

--oo00oo--

From Friday's mailout:-

What members are telling us:

At yesterday’s very well attended and highly encouraging members meeting, the enthusiasm for this campaign was very evident. Here, many members indicated their support for the ‘enough is enough’ position that Napo has taken over your treatment by the employer.

We stand ready to have meaningful negotiations that will offer some solutions, but despite numerous requests we still await an urgent meeting with the Secretary of State. Disappointingly, we have just learned that in the last week, urgent engagement has taken place between the Lord Chancellor and the Prison unions, which clearly demonstrates precisely where this government’s priorities lie.

How you can help the campaign:
  • Ensure that you vote ‘yes’ in the consultative ballot! Instructions on how to vote are available here
  • Please take the opportunity to contact all prospective Parliamentary candidates in your constituency seeking their support in respect of the problems that you are facing. When doing so please reference that you are a member of Napo
  • Engage with your colleagues who are Napo members to encourage them to also vote in the consultative ballot.
  • Speak with colleagues who are not in a trade union and ask them to consider joining Napo, so that they can have their say on the issues that impact on all staff. Please share the following link https://www.napo.org.uk/content/join-us and see further details below about our Recruit a Friend Scheme.
Thanks are extended to branch chairs/membership secretaries who attended a meeting yesterday to assist with ensuring our database is as up to date as possible and that you get all the vital communications from Napo, we’ll be sending further information about this to Branches so that those Branch execs who couldn’t attend have this information.

Friday, 17 May 2024

Lying or Misinformed?

This from Napo yesterday on the prison early release fiasco did not mince words:- 

Lies, and more lies?

The ECSL scheme has attracted further attention in the media and in Parliament this week, including being the focus of exchanges between Rishi Sunak and Keir Starmer at Prime Minister’s Questions. But was everything that was said true?

Members will be aware that HMPPS’s End of Custody Supervised Licence (ECSL) scheme has attracted further attention in the media and in Parliament this week, including being the focus of exchanges between Rishi Sunak and Keir Starmer at Prime Minister’s Questions.

Those of us with any experience of the ECSL will have struggled to recognise the scheme as described by the Prime Minister (as detailed in the Parliamentary record – Engagements – Hansard – UK Parliament).
“There are strict eligibility criteria in place, with exclusions based on public safety. No one would be put on the scheme if they were deemed a threat to public safety.“
“Let me be crystal clear: no one would be put on the scheme if they were deemed a threat to the public.”
“Offenders are subject to the toughest of licensing conditions and, if those conditions are broken, they are back in prison for considerably longer.”
“As I said, no one should be put on the scheme if they are a threat to the public.”
The true story

To be crystal clear, these statements are inaccurate and Napo members across England and Wales can cite hundreds of examples since the ECSL scheme was launched in October 2023 to evidence this.

Whether the Prime Minister deliberately lied to Parliament depends on how well he was advised on ECSL before he stood up in the House of Commons and started speaking. It may well be the case that, rather than being an outright liar, he simply hasn’t got a clue what he’s talking about and just parroted out whatever nonsense was written down in his briefing papers.

The problem for HMPPS is that this isn’t the first time that a Government minister has made inaccurate statements about ECSL.

In what seems to be the most recent written Ministerial Statement on ECSL, dated the 11th of March 2024, – https://questions-statements.parliament.uk/written-statements/detail/2024-03-11/hcws332 – Alex Chalk (Lord Chancellor and Secretary of State for Justice) made these comments.
“We will also extend the existing end of custody supervised licence measure to around 35-60 days.”
“This will only be for certain low level offenders.”
Napo believe the truth is being stretched beyond breaking point on the question of whether “around…35-60 days” covers the Government’s recent extension of ECSL to 70 days. Of even greater concern is the outrageous claim the scheme is restricted only to a select group of “low level offenders”. Again, on this latter point, Napo members across England and Wales have first-hand experience that this simply isn’t true – and has never been the case – and that HMPPS senior leaders, at HQ as well as in each Probation Region and Prison Group, know this just as well as we do.

HMPPS is quick to threaten its workforce with the consequences of breaches of the Civil Service Code (The Civil Service code – GOV.UK (www.gov.uk)), and all too often bend over backwards to spuriously include it in disciplinary allegations against individual members of staff. The question from Napo for HMPPS senior leaders is, in line with the Code and its expectations on ‘honesty’ and ‘integrity’, what they’ve done to make clear to these Ministers they’ve misled Parliament and the public about the ECSL scheme? Unless they act – evidenced by the Prime Minister and the Lord Chancellor going on to correct the Parliamentary record – this looks a lot like yet another case of HMPPS having one set of rules for front-line staff and another for its senior leaders.

Next steps in our campaign

Napo continues to maintain contact with figures in Parliament and the media as we’ve set out in previous mailouts about ECSL, as well as having ongoing meetings with HMPPS on the issue. Yesterday the Napo General Secretary was interviewed by Sky News who have afforded extensive coverage of the Prisons crisis see the interview here.


It remains vital for members to continue to keep us updated with their experiences of this ECSL – without including confidential or sensitive information on the individuals released under the scheme – as we have used these in the work Napo has undertaken in publicising our concerns. We want to again extend our thanks to members who have been in contact with us to this point, it’s very much appreciated.

Please contact your Link Officials and Officers or use the following email address if you want to share any of these experiences with us as your trade union representatives info@napo.org.uk

Thursday, 14 March 2024

Napo and Early Release Fiasco

Here we have Napo's take on it all, published yesterday:- 

ECSL - Napo's Position


The Ministerial announcements on Prison capacity are in the news regularly. From the outset we want to make it clear that Napo’s starting point for any discussion on prison overcrowding is that it is a tragedy.

Too often the focus is on one part of the unfolding crisis, but we believe it’s important to first acknowledge the sheer scale of what is happening. This is beyond even the terrible and degrading conditions individuals are imprisoned in while being denied the opportunity of rehabilitation, the impact on victims denied what they believed justice would be, as well as being placed at risk by this policy and the unbearable anxiety caused to the families of both prisoner and victim.

It's about something greater than the increased risks of physical violence to Prison staff or the levels of psychological harm caused to Probation staff pushed too far by the excessive workload they are subjected to by an employer that consistently fails us on even the most basic of their responsibilities – to not harm its workforce by their actions or inactions. And it’s also more than the evaporation of what little confidence members of the public must have in the criminal justice system, contributed to in no small part in this crisis as the reputational damage to the Probation and Prison Services that Politicians, through senior leaders in HMPPS inflict with each mis-step they take on this, as with so many other matters.

Time for a completely new approach to the problem

The crisis of prison overcrowding is one that’s been decades in the making, and for which previous Tory, Tory/Lib-Dem Coalition and Labour Governments all bear some level of responsibility. For too long, politicians have traded in simplistic arguments that misled the public, and not challenging the lies perpetrated by the media and have sought a quick fix to deeply complex problems. The failure of so many of the political class of one of the richest countries in the world over all this time to demonstrate sufficient courage and leadership to commit adequate resources to Probation and Prison Services over decade after decade has been truly shameful to witness.

Unfortunately, the most recent comments of the current Shadow Justice Secretary announcing an intention to attempt to ‘prison-build’ their way out of this abhorrent mess suggests that honest political leadership, evidence-based (or even reality-based) policymaking and a commitment to make generational changes for the good of the country aren’t seemingly going to be a feature of a likely incoming new Government, at least in terms of this policy.

Napo’s efforts to influence Early Release Schemes

The End of Custody Supervised Licence (ECSL) was introduced in October 2023. It has been apparent to us from the outset that the Government has chosen to prioritise the crisis of prison overcrowding over that of excessive Probation workloads. Nothing that has been done by HMPPS since that time has caused us to change our view. As it was a legislative change being driven forward by an elected Government our role has been limited to one of consultation rather than any form of negotiation with HMPPS. It is fair to reflect, and we’ve made these points clearly at every opportunity, that HMPPS have not consulted as often or in as sufficient detail as we would have expected. Through all this we’ve been informed and guided by the experiences of practitioners across a range of Probation work which is impacted by the ECSL scheme, and we want to take this opportunity to thank all the members who have raised this in their Branches or to Napo HQ for their contributions to this point. At the end of this message, we’ll say more on how we see this moving forward from this point.

Napo have been consistent in representing member’s interests and Probation’s identity by repeatedly raising concerns over the increased workload, assault on professional judgement and the obvious increased risks to the public, and individuals (including some of the most vulnerable in our society), that the ECSL scheme represents. We’ve done this in numerous face-to-face meetings with HMPPS senior leaders as well as written communications. Our view remains that in too many cases it is simply neither feasible or safe to bring forward many of the Risk Management Plans that will be in place – and will have been for some time – for the individuals involved at such short notice.

The problems around ECSL

Napo have set out a range of practical issues faced by you as practitioners when forced to do this which, by way of only a few illustrative examples, include: a lack of Approved Premises bed spaces, or other accommodation, available for the revised release date; an inability to rearrange substance misuse, health (especially mental health) and other appointments (e.g. state benefits) previously arranged for day of release; the increased likelihood that a supervising officer will be unavailable to conduct the post-release induction appointment due to other pre-existing work commitment on the revised release date; an inability to make alternative arrangements for transport between releasing prisons and the home area, meaning more risky modes of transport are required on the revised release date than would have been used otherwise. Napo have made clear the ultimate responsibility which HMPPS hold for this scheme, including the consequences that they obviously failed to anticipate, such as: where the demand for rapid action to release an individual increases the likelihood of HMPPS breaching the part of the Victim’s Code relating to pre-release notification of information to some victims.

Napo have also pressed HMPPS to produce evidence for the feasibility and safety of this policy while stressing our member’s opposition to it. For example, we’ve asked for data on the amounts of ECSL releases to each Region and Probation Delivery Unit or on the numbers of recalls, Serious Further Offences and deaths of people subject to ECSL as well as a range of information on applications for exemptions made by practitioners. HMPPS initially denied holding such data but have since claimed that what they might have is subject to a lengthy verification process which would mean that information would be released much later, potentially annually (i.e., October 2024). Napo understands this was in line with an earlier comment made by a Minister in Parliament. Very recently we have received information that at least some of this data has in fact been shared with senior regional leaders and we will be following this up urgently with HMPPS to request access to this, using data protection legislation if needed.

Media activity

In addition to the internal work Napo has undertaken, we’ve also sought to publicise the flawed ECSL scheme in the media, and it’s clear that over the last three weeks this has seen significantly increased interest. A number of interviews for various media outlets – television, print, radio and online – have been undertaken by Napo Officials to follow up on our earlier contacts with journalists where our position on this scheme, and our range of concerns, have been shared. While we cannot control the decisions of media outlets to then run these interviews, or publish articles, we’ve also been active on social media to stress our opposition to ECSL and the reasons for this.

In Parliament

Napo also work particularly closely with a cross-party group of politicians who form the Justice Unions Parliamentary Group (Justice Unions Parliamentary Group (@JusticeUnions) / X (twitter.com)) and we’d encourage members to view their work to see the results of this collaboration. Here is an example of some of the exchanges that took place this week: https://x.com/justiceunions/status/1767570456108826632 these following the Lord Chancellors Written Statement https://questions-statements.parliament.uk/written-statements/detail/2024-03-11/hcws332

In our close working with the JUPG, Napo can make significant contributions on how the Government is held to account in Parliament, putting forward issues for public debate on the criminal justice system and promoting the interests of members. As you would expect, we’ve been sharing our concerns about ECSL with the Justice Unions Parliamentary Group since October 2023 and our work with them has only increased as the scheme has been expanded.

Other developments around ‘early release’

In terms of other ‘early release’ matters, members can be assured that Napo have also made clear to HMPPS our concerns about the impact on both members as well as the public from the imminent introduction of an expansion to eligibility for the Home Detention Curfew (HDC) scheme and the increased use of Fixed Term Recalls for those people serving custodial sentences of less than 12 months. Following a similar approach as ECSL we’ve set out how these changes will negatively impact on practitioners and your ability to do your jobs effectively (providing examples of this to support our arguments); requested data such as forecasts and equality assessments of the proposals; and offered practical suggestions as to how the full force of this additional work on members could be mitigated, for instance by suspending ESCL for periods of time in those Regions where an increased number of people are being released on HDC.

Operation Protect

Napo also want to stress that the months long work we have been completing with HMPPS in relation to the joint union’s workload campaign – Operation Protect – should be about to produce the first results in terms of what HMPPS are referring to as a ‘Probation Reset’. Discussions remain ongoing and more information will follow from us very soon, but we want to make clear that, for us as well as our sister trade unions, this is only the beginning of the substantive workload relief we hope to see for workers in many roles across the Probation Service.

How members can help

As we continue our work on your behalf on ECSL, as well as the other ‘early release’ schemes, we continue to need your support and contributions to inform our response to HMPPS. For that reason, and to attempt to provide a single point of contact for any experiences you might wish to share, can members please contact your Link Officials or use the following email address if they want to share any of these with us as your trade union representatives info@napo.org.uk

You may also want to make clear in the subject line of your email that this relates to ‘ECSL’, ‘HDC’ or Fixed Term Recall’ (or a combination of these). Members should share their specific experiences of these schemes, and how this has impacted on them and others, do not include the personal details, or identifiers, of any of those you are working with. We hope, after ensuring all are properly anonymised and cannot be traced to a particular individual or location, to use these experiences in discussions with the employer and others to better publicise the huge challenges faced by many of our members.

We need to stress that members must not, under any circumstances, breach the rules issued by the employer on data protection, confidentiality or information sharing.

Please look out for further news on the key issues being faced by our members. Meanwhile, thank you for taking the time to read this detailed commentary on our work so far on ECSL.   

Ian Lawrence          Ben Cockburn
General Secretary  Acting National Chair

13th March 2024

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Postscript

Thanks go to the reader for pointing me in the direction of this from Wales Online:-

The 'horrendous' reality of being a probation officer

'The pressure on staff is unbearable some days. Morale is horrendous at the moment. I don't know a single person here who works the 37.5 hours a week they're meant to'

A furious whistleblower says changes to the crisis-hit probation service will make the public less safe as well as "insulting" victims of crime. WalesOnline can reveal that offenders under suspended sentences and community orders will no longer need to see probation officers during the last third of their orders – the latest cutback to a service that for years has been stretched almost to the point of breaking.

Justice secretary Alex Chalk announced this week that some prisoners could be released up to two months early due to jail overcrowding in England and Wales but this will mean a heavier burden on the probation officers monitoring them in the community. In an attempt to reduce pressure on the chronically understaffed service a new policy was announced on Monday in an internal video meeting. Staff were told the UK Government had signed off on offenders in England and Wales no longer needing to see probation officers during the last third of their suspended sentences or community orders, which are up to three years long.

An experienced probation officer in south Wales told us: "This will outrage courts and victims of crime, especially domestic violence victims. They will feel even more let down by the system. People are placed on orders of certain lengths for a reason." He pointed out domestic violence offenders are meant to have two years of programme work. The new approach, he fears, will mean issues around drugs, mental health, and housing advocacy are not fully addressed. The government says the change will not affect "the most serious offenders" but the whistleblower told us that offenders labelled 'medium risk' – who are already supervised less – account for most of the serious offences committed while under an order.

The whistleblower works in a south Wales team that is little more than half the size it was in 2007. "The pressure on staff is unbearable some days," he said. "Morale is horrendous at the moment. I don't know a single person here who works the 37.5 hours a week they're meant to. Staff take their work home with them, they work on evenings and weekends. Until about 2012 you couldn't work with a sex offender until you had two years' experience. Now newly-qualified trainees are given sex offender cases."

The increased pressure has been accompanied by worse pay leading to "woeful" recruitment and retention problems. Recently our source learned that more than a third of staff in his team were looking for new jobs. He said: "In the past 15 years of wage freezes and below-inflation pay settlements staff have seen their pay devalued by over 25% in real terms. I didn’t have a pay rise for over 10 years. If someone can work in Aldi for £38,000 a year they are not going to train for a year to work with the most dangerous people in society for £32,000."

While under an order high-risk offenders tend to be seen by probation officers weekly, medium-risk offenders fortnightly, and low-risk offenders monthly. If they are involved in a "reportable incident" – very often domestic violence – the probation service would call the offender and decide whether the next face-to-face meeting should be brought forward. The whistleblower says it is unclear what will now happen in those circumstances when offenders are in the last third of their order.

When courts impose community orders and suspended sentences they often include a certain number of rehabilitation sessions. How will the new policy affect those sentences? "I think it's likely to mean those sessions are front-ended to the first two-thirds of the order, putting even more pressure on staff," said the whistleblower, adding that they already "regularly" find themselves terminating orders without all of the rehab sessions being completed. Offenders often miss appointments but if more than half of sessions have been carried out the order can be ended. The whistleblower fears the final-third policy will only add to the number of incomplete programmes.

According to figures from last year the probation service was 1,700 officers short of its target of 6,160. In 2014 many senior staff left after the then-justice secretary Chris Grayling's disastrous part-privatisation of the service. It was renationalised seven years later following a series of damning reports by parliamentary committees and watchdogs.

A Ministry of Justice spokesman said: "We recognise the pressures facing our hardworking probation staff which is why we are making changes to make sure they can continue to deliver high-quality supervision in the community. These measures, alongside our £155m investment in the Probation Service each year, will reduce caseloads and mean staff can maximise supervision of the most serious offenders."