That this House has considered the female offender strategy one year on.
It is a pleasure to open this debate under your chairmanship, Ms Ryan. I start by thanking the charity Women in Prison, which visited Parliament earlier this month to lobby MPs and to speak about its #OPENUP campaign, along with my own women’s centre, WomenMATTA, the Howard League for Penal Reform, the Prison Reform Trust, Crest Advisory, the Magistrates Association, of which I am a life member, and women who have told me stories of their experience of criminal justice over the years. I also thank National Prison Radio, which is carrying a report of this debate because it knows that women in our prisons take great interest in the policy decisions we make here that affect them.
The House has long taken an interest in female offenders, especially since the seminal report by my noble Friend Baroness Corston in 2007. That report highlighted the special circumstances surrounding women’s offending behaviour and the fact that many women who offend have a history of trauma and are vulnerable. The Government’s female offender strategy, published last year, recognised that these important factors underpinned women’s offending and that custody should be a last resort. It was welcome, if late in coming. The strategy included a number of positive measures to encourage the use of alternatives to custody and to help to address the causes of women’s offending, with a focus on early intervention.
Thanks to the Corston report, we already know a lot about the characteristics of women offenders. We know that their needs are often highly complex. Issues include substance misuse and poor levels of education and employment, and many have been victims of abuse themselves. Some 60% of women offenders have experienced domestic abuse, according to the Prison Reform Trust. Many have a history of self-harm and 49% of women prisoners report mental health needs, including anxiety, depression and psychosis. Crucially, many women in our penal system are mothers; over half the women in prison have dependent children. The Prison Reform Trust says that that means around 17,000 children a year will be affected by having a mother spending time in prison.
How do these women come into the criminal justice system? The obvious route is that they will be arrested by the police and taken through the process. Indeed, 103,000 women were arrested by the police in 2017-18. Strikingly, black women were twice as likely as others to be arrested. The most common offences include theft and fraud; shoplifting accounts for 43% of those sentenced for indictable or either-way offences.
I congratulate my hon. Friend on securing the debate and on the speech she is making. On that point, women are disproportionately represented in the prosecution of offences such as non-payment of council tax or TV licences and truancy. Does she agree that we need to end the punishment and prosecution of poverty?
I do agree, and indeed my hon. Friend makes the important point that not all cases that come into the criminal justice system come via the police. They might come via other prosecution routes. Women are disproportionately likely to be represented in those routes. For example, 70% of those sentenced for TV licence offences are women. That disproportionality is also seen in relation to offences such as council tax fraud and truancy.
Most important of all, in terms of the characteristics of women offenders, is the fact that the vast majority are not violent. Crest Advisory has shown that 83% of women in prison are imprisoned for non-violent offences.
I thank the hon. Lady for giving way, but that is clearly not true. According to the Ministry of Justice figures, of the 3,294 women in prison, 943 were imprisoned for violence against the person. That is almost a third, and over a third of that number were in prison for homicide. Quite clearly, the figures she cites are invented and they are not actually true, are they? Can she stick to the official figures, please?
It is important to recognise the circumstances in which women commit offences, the nature of the violence and offences against the person for which they may be convicted, and the level of violence and threat that these women present to society. I will certainly look again at the figures that I have been given, because clearly they are widely different from the figures the hon. Gentleman quotes. I am not disputing his figures; I will check my source. In my experience, the women I have met in prison are more of a danger to themselves than to anybody outside custody.
Has my hon. Friend seen another set of statistics, which are taken from work done at Drake Hall women’s prison in Staffordshire? Some 64% of women prisoners who had been screened for brain injury showed up as having had a brain injury before their first offence. Their brain injury was likely to have been part of what led to their offending behaviour in the first place. Some 62% of those brain injuries had been caused by domestic violence. Is there not a real danger that the original victim of the crime is ending up in the criminal justice system quite unfairly?
My hon. Friend makes a good point; we know that traumatic brain injury is one of the routes by which women come into custody, and we see disproportionate representation of women with brain injury inside our prisons.
What sentences do women receive? Fines are most common and their use has been increasing. They are often seen by criminal justice practitioners as an effective and swift means of justice. But as the Magistrates Association points out, many women cannot afford to pay the fines that are imposed, which leads them into debt or pressures them into reoffending.
By contrast, the use of community penalties has been falling since 2015, with community penalties representing only 5% of sentences received by women, which is half the rate we saw a decade ago. While there has been a welcome fall in the number of women sentenced to custody, three quarters of those who received custodial sentences were imprisoned for a period of less than 12 months. I believe that short custodial sentences have been shown not to be effective and not a good use of money. Some 70.6% of women receiving a custodial sentence of under 12 months in the period from April to June 2016 went on to reoffend. Such sentences are not achieving a reduction in reoffending.
Many women are in custody now as a result of being recalled to prison following release and during a period of post-release supervision. That has been exacerbated by transforming rehabilitation changes, which introduced post-release supervision for those who had served short custodial sentences. In practice, the failure of such supervision arrangements to recognise women’s caring responsibilities, their lack of access to transport and their anxiety about leaving the house is leading many women to miss appointments. They are therefore in breach of the terms of their release and find themselves going back in through the revolving door of recall.
Does my hon. Friend share my concern that the £5 million is wholly inadequate? I have heard from Nottingham Women’s Centre, which provides the CHANGES—Creating Hope, Achieving New Goals, Experiencing Success—programme for women who are leaving prison, or to help women to avoid prison. It says that
“we had a total of 12 days to bid for the money with a partner. We ended up being funded for a six week pilot project.”
The total amount that it received was just over £11,000. The representative of the women’s centre said:
“The evaluation was so huge for a tiny piece of work…we are being asked to track the women after the end of the project for the next 6 months too. I would say if anything it detracted from our work rather than increased our offer and certainly hasn’t helped to shore up what we already have.”
WomenMATTA, which is my local women’s centre, has also spoken of the inadequacy of funding, which I will come on to, and of the complexity of the application procedures. As my hon. Friend rightly suggests, spending time on preparing the applications detracts from the good work that the centres could be doing in working directly with women offenders.
On 27 June, in a written ministerial statement, the Government set out progress to date. I am grateful to the Prison Reform Trust, which has produced a helpful and comprehensive matrix to track progress against the strategy. It is fair to say that both documents show a mixed picture, although I acknowledge that there has been some good progress. For example, we have recently had the Farmer report on maintaining family links, which makes many welcome suggestions. We have had changes in housing policy so that a tenancy can be maintained for up to six months while a mother is in prison. More police forces are developing and using trauma-informed approaches. Liaison and diversion schemes now cover 90% of forces in the country, and the ambition is to achieve 100% coverage next year.
I was very pleased to hear the right hon. Member for South West Hertfordshire (Mr Gauke), the last Lord Chancellor—and, if I may say so, a much-missed Lord Chancellor—speaking positively about his intention or wish to see a presumption against the imposition of short custodial sentences, as already applies in Scotland. However, as my hon. Friend the Member for Nottingham South (Lilian Greenwood) says, women’s centres still lack sustainable funding. Will the Minister say what has happened to the proceeds from the sale of Holloway Prison? That delivered some £80 million into the Treasury’s coffers, but only £5 million appears to have been released to go towards services for women.
It is welcome that the Government, in their strategy, called a halt to the building of new women’s prisons. Many of us had spent much time urging them to take exactly that step. But what evidence can the Minister show for the efficacy of residential women’s centres? Surely priority should be given to funding core women’s centre provision in the community. No prison has to wonder whether it will have the funding to exist after 2021, but that is the case for most women’s centres, with Lord Farmer himself describing their funding as “desperately precarious”.
I pay tribute to my hon. Friend’s work in this area, on which she has campaigned over many years. With regard to the location of women’s centres, she will be aware that Wales does not have any women’s centre; it does not have a women’s prison. To be clear, we do not want a women’s prison, but we are in desperate need of a women’s centre, because the closest place that women can go to, in terms of custodial sentences, is Gloucestershire. Does she agree that, in addition to her list of questions for the Minister, he might want to consider the fact that a women’s centre is desperately needed in Wales and would be an important part of improving outcomes for female offenders?
I do agree. If there is no women’s centre in Wales, that is shocking and there needs to be. Indeed, I would say that for any part of the country that does not have a women’s centre.
May I build on what my hon. Friend the Member for Ogmore (Chris Elmore) said? For Eastwood Park Prison—it is just outside my constituency, but I visit regularly—the problem now is that because there are a number of women’s centres growing up in the west, there is a disparity with those places that do not have women’s centres, particularly south Wales. It should be remembered that that prison covers the whole of the south-west as well as south Wales. There is such a difference in the ways in which women being released are now treated. We have to get some continuity in the way in which they are looked after, but more particularly some certainty that women’s centres will develop all over the country. Does my hon. Friend agree?
I agree both that we need women’s centres to develop all over the country and that they need certainty of funding so that they are sustainable.
We have seen other problems with delivery of the strategy. I hope that the Minister will forgive me if I describe the transforming rehabilitation programme as a total failure. It has not been able to deliver, for example, specialist provision for women through community rehabilitation companies, and at the moment we do not know what the new probation model will look like for women. Through the Gate simply has not happened as envisaged.
There are even basic things such as women not being able to apply for universal credit in advance of their release date, or to apply for housing. They will not get a house because they do not have their children living with them, which means that they cannot have their children living with them because they do not have a house when they are released. It is the case that 13% of women are released to no fixed abode—a truly terrifying prospect—and only 22% to secure permanent accommodation, according to Her Majesty’s inspectors of prison and probation. As a result of the lack of a safe destination to release women to, many will be forced to return to the abuser, who may be the root cause of their offending, and will turn to alcohol, drug or other substance misuse and to reoffending.
Pre-sentence reports are still being prepared without full information and without being informed by gender considerations. Sentencers are not always taking account of the interests of children when sentencing a mother to or remanding her in custody, yet the impact on children of a mum going to prison is absolutely dire. Fewer than 10% of children remain in their family home when a mother is imprisoned.
What do we want to happen, and will the Minister offer us assurances that some of these suggestions will happen? First, will he look at what can be done systematically to ensure that the police, wherever possible, divert women away from arrest? That is being considered now by the all-party parliamentary group for women in the penal system, which I have the honour to co-chair with Baroness Corston and the hon. Member for Banbury (Victoria Prentis), whom I am very pleased to see present at this debate.
2:51 pm
Dr Phillip Lee (Bracknell) (Con)
It is a pleasure to serve under your chairmanship, Ms Ryan. It is a pleasure to follow the hon. Member for Stretford and Urmston (Kate Green), who has long had a passionate interest in the area of women’s justice. I lost count of the number of times that I sat in the Minister’s position listening to her make as good a contribution as she has just made.
For those who do not know, I was the Minister responsible for commissioning the women’s justice strategy. I held on to that position as long as I could, to see the strategy published before resigning over Brexit. In the end, I could not hold on any longer and it was published two weeks after I resigned. It had been ready for a few months. I was fighting hard—I lost the fight—internally for the funding that the hon. Lady alluded to. I do not blame anyone in particular for that; I blame the broader political scene and its short-termism, in which it is believed to be better to fix a few toilets in a prison than to invest long term to try to reduce the number of women in prison.
In response to likely challenges from my hon. Friend the Member for Shipley (Philip Davies), I viewed the women’s justice strategy as a Trojan horse. The principles underpinning it are applicable to men, but the political reality is that doing it for men is much more difficult, because there are more prisoners in the male estate, and given the types of crimes that men are committing, with a few obvious notable exceptions, managing the media and public opinion is more of a challenge, so I thought it was sensible to concentrate on women first.
In the main Chamber there is currently an urgent question on a youth institution for which I was responsible for two years. The youth justice system is also crying out for a revolution in the way it manages people in custody. I tried to do that, too. I have a deep understanding and respect for the Minister, who faces challenges of trying to reform this area. It is difficult, because it only takes one headline in the newspaper for everyone to get the jitters. As a consequence, it is a tough Department to work in and in which to bring about reform.
This strategy went quite some way towards achieving reform. I would like to put on record my huge admiration for the civil servants involved in the process. We worked extremely hard on this. I view this as the biggest piece of work that I achieved in two years. It involved a hell of a lot of evidence gathering, and I had to visit every women’s prison and a number of women’s centres across the country. The strategy, which was published last year, was the culmination of a sizeable piece of work and everyone involved in writing it should be congratulated.
Order. May I remind the hon. Gentleman that six other Members have applied to speak in this debate? If he speaks for much longer, they will have less than four minutes each to speak.
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I contend that our system is clearly not working for women or for wider society. That was understood by the Government too, because the 2018 female offender strategy sought to address a number of those concerns and issues. What specifically did the strategy introduce? It introduced some £5 million over two years for investment in community provision, including £2 million for programmes to address domestic abuse, and a pilot to introduce five residential women’s centres. The strategy was explicit in its ambition to reduce the number of short custodial sentences served by women. It introduced new guidance for the police on dealing with vulnerability, and guidance on whole-system approaches, such as we have had for a number of years in my home city of Manchester. It also sought to introduce a national concordat on women offenders.
Will the Minister say what the Government intend to do to spread retail diversion schemes such as we have in Bury, in Greater Manchester, across the country? Will he say how the Government are working with non-police prosecutors, so that we can end the use of custody for TV licence offences, truancy offences and so on?
Crucially, what will the Government do to secure sustainable, adequate funding for community provision and particularly for both women’s centres and the range of partners that work with them? Can the Minister say what role he envisages for the new probation service? How will it develop women-specific programmes, or will women’s centres become the default model for provision? What can be done to build sentencer confidence in community provision? I would argue that one step that the Government must take is to ensure proper information for sentencers and proper training for them on the outcomes from community and custodial sentences. Will the Minister ensure that gender-sensitive, gender-informed, pre-sentence reports are made mandatory and that there is suitable training for report writers? Will he say what the Government can do to put more emphasis on, as part of community sentences, treatment orders, including, as the Magistrates Association has suggested, financial planning support?
All stages of the process must take account of the best interests of children, so will the Minister ensure that sentencers do follow the guidance, which exists, that they should consider the impact on children in sentencing a mother and that they should ensure that arrangements are made for them prior to sending any mother into custody? Better still, in my view, would be ensuring that alternatives to custody are considered in all cases for primary carers.
Will the Government now move forward to legislate for a presumption against short sentences as a matter of urgency? Will they also adopt the suggestion, from the Committee that scrutinised what is now the Domestic Abuse Bill, to introduce a statutory defence in that legislation?
When transforming rehabilitation was first proposed, I thought that post-release supervision was a good idea, but having seen it in practice, I have changed my mind. In 2017, about 1,000 women were recalled to prison while on supervision following a custodial sentence of under 12 months. In the context of the female prison population as a whole, that is a lot of women. Its use appears to be ill judged, disproportionate and harmful.
Will the Minister consider ending post-release supervision and replacing it with holistic support, including housing, education, mental health and employment? No woman should ever be released into homelessness—can the Minister guarantee that that will not happen? Can he guarantee that no woman—or man—will ever be released on a Friday, when services are not available on the weekend to receive them? Will he once again press the Department for Work and Pensions to expedite the ability to start the universal credit application process before a woman is released from prison? Finally on my shopping list, will he ensure that a women’s centre link worker is placed in every single women’s prison?
I urge the Minister to continue the roll-out of the full-system approach across the country, because it works. In Cleveland, where they do not have it, 67 in every 100,000 women offenders are imprisoned, in Greater Manchester it is only 25 per 100,000. A whole-system approach should not be criminal justice driven. We need place-based, gender-informed, holistic preventative services in every local authority accessible to every vulnerable woman. That is the women’s strategy I would like to see; I urge the Government to embrace it.
When I became a Minister in 2016, the first thing I read was the Corston report. I had already booked a summer holiday when I was appointed Justice Minister. I did not expect to be a Justice Minister, although I am glad that I was, because I think a doctor in the Ministry of Justice was exactly what was required. I took away a lot of things to read that summer. Most people are currently looking at their phones waiting for news of ministerial appointments; I am sure that my hon. Friend the Member for Shipley is doing so. Those who are appointed should go away and think, and spend two to three weeks reading before immersing themselves in the Department. The problem for Ministers is—with the greatest respect to the civil servants present—that the Department sucks them in and they cannot think, and work out what they want to do and what should be a priority.
When I came back after that summer recess, I decided on three priorities, including women’s justice. I inherited a challenged relationship with the women’s justice lobby. It took time to work on that. Everyone in that group, which used to meet quarterly, worked extremely hard, because we could see that this was the right thing to do on a number of levels. Anyone who visits a women’s prison and speaks to prisoners—whatever they have done—is immediately struck by how often they are vulnerable. They often have tell-tale signs of self-harm on their wrists, poor eye contact and a history of coercive relationships, domestic abuse and drug use. Often, as has been alluded to, they tend to be those who are charged for not paying utility bills because they are the homemaker, so their name is on the account and they are disproportionately affected when those bills are not paid.
Visiting those institutions, one thinks, “If they have done things wrong, there needs to be a punitive element.” In fact, I have never met a female prisoner who has not admitted that they have done something wrong and accepted that there should be a punitive element to their sentence. However, prison and custody must be a road back to not offending, and that is quite clearly where we fall down, not just in the women’s system but in the men’s and, particularly, the youth system. Every time I came away from visits to those institutions, I thought to myself, “Continuing to do the same thing is the definition of madness.” We have to try to find a way of making these women law-abiding citizens, supporting them in that process and breaking the cycle that means their children are disproportionately likely to become offenders too.
The idea that came about was residential women’s centres, which is within the strategy; suffice it to say that it was going to have a more prominent place there. The original plan was to build 10 women’s centres, including one in Wales—I say that for all the Welsh Members of Parliament who are present. We recognised that there were some regional disparities in the provision of services for women offenders, which the strategy sought to address.
We also wanted to explore a different way of funding public services, and we got some way with that idea, but it never made it into the strategy. I think private finance initiatives are a disgrace. I was responsible for one particular PFI contract as a Minister—there is a former Minister present who knows which contract I am referring to—which was signed under the Labour Government 12 or 13 years ago. I did not want to go down that path of a quick fix and building some new buildings. Rather, I wanted to put in place something that was sustainable. I had some pretty detailed conversations with charities and philanthropic donors about them covering the capital investment, while the Government would have been responsible for the revenue costs. The idea was that if I could persuade various institutions to build or to extend existing institutions that are often charitable, the Government could step in and guarantee the maintenance costs. I think the idea has merit across Government and I was frustrated at how difficult it was to get people in the room to discuss the concept. The original plan was to do some match funding across the country and to commit revenue. We thought we could create a virtuous circle—starting with 10, moving on to 15 buildings—and, at the same time, selling off prisons that would have been released, as the number of people in prison was going to fall away.