Probation Services

Statement

The following Statement was made on Thursday 11 June in the House of Commons.

“With your permission, Madam Deputy Speaker, I should like to make a Statement on the Government’s plans for the future of probation services in England and Wales. I want to take this opportunity to pay tribute to the commitment and hard work of staff in both the National Probation Service and the community rehabilitation companies who have jointly risen to the challenge of Covid-19 in swiftly adapting to the new restrictions, and who have continued to deliver critical front-line services during this difficult time.

Beyond the immediate changes to our ways of working, however, Covid-19 also presents an ongoing challenge to the implementation of our ambitious programme of probation reform. Probation services are currently split between the NPS, supervising high-risk offenders, and private sector CRCs, supervising low and medium-risk offenders. Those changes were made as a result of a 2010 manifesto commitment to end the situation where short-term offenders received no support after their release from custody. That commitment was the right one to make and, of course, it still stands. The current CRC contracts will come to an end in June next year, and last year my predecessor announced plans in this House to replace the current CRC contracts by moving to a unified model. This will see responsibility for the supervision of all offenders transfer to the NPS, while each NPS region will have a private sector partner—a probation delivery partner—responsible for providing unpaid work placements and behavioural change programmes.

Covid-19 does not change our ambition to cut crime, to keep the public safe and to tackle reoffending so that fewer people become victims of crime. Strong and reliable probation services are essential in realising that ambition. However, given the significant operational impact that Covid-19 has already had and the uncertainty it brings for the future, it is right that we should reassess our plans. Protecting the public is my and the Government’s absolute priority. For that reason, I believe it is essential that we continue to deliver changes to how offenders are supervised by June next year as planned. However, the disruption caused by Covid-19 makes delivery of other parts of our plans considerably more complex, and looking ahead, it is vital for public and judicial confidence that we have the flexibility to deliver a national response to any future challenges that Covid-19 presents. For these reasons, I am today setting out changes to streamline the reforms, giving priority to unifying the management of offenders under a single organisation by June next year as planned, while giving us greater flexibility to respond to an uncertain picture across the criminal justice system and beyond.

Under those revised plans, we will end the competitive process for probation delivery partners. The delivery of unpaid work and behavioural change programmes will instead be brought under the control of the NPS alongside offender supervision when the current CRC contracts end in June next year. This will give us a critical measure of control, resilience and flexibility with the services that we would not have had were they delivered under 12 contracts with a number of organisations. We can reassure the judiciary and the public that, whatever lies ahead, offenders serving community sentences will be punished and make their reparation to society, and that programmes to address their behaviour will be delivered.

In making these changes, we cannot forget the role of specialist and voluntary organisations, which are vital in providing rehabilitation and resettlement support to more vulnerable individuals, such as women being released from prison or serving community sentences. They have also shown great innovation in continuing to deliver critical services during this challenging time, for which I commend them and express my deep gratitude. I am determined to preserve a role for these types of organisations, as well as the private sector, in the delivery of probation services. In the future system, we will, therefore, retain a dynamic framework for specialist rehabilitative services, but we must take account of the pressures that the market is currently facing. We will therefore prioritise the delivery of those specialist resettlement and rehabilitative services that are most needed in order to build a solid foundation that can be delivered within this timeframe and later built upon. We will be opening the dynamic framework for eligible organisations to register their interest in the coming days, and I encourage all organisations with an interest in providing rehabilitative services to register.

The unified model for probation delivery will ensure that we make the best use of the talents and skills in the public, private and voluntary sectors. For staff currently employed by the CRCs, the arrangements will mean that they will be in scope to transfer into the National Probation Service or to dynamic framework providers once CRC contracts expire in June 2021, depending on the work that they do. As we adopt a whole-system approach to criminal justice reform, it is vital that we continue to work together in partnership.

The Government remain fully committed to a mixed market in delivering custodial services, including our private sector partners, who run a high number of high-performing prisons in our estate. We are currently running a competition to operate the new prison that we are building at Wellingborough, which is due to end shortly, followed by a further competition to operate another new prison at Glen Parva. Our private sector prison partners will thus continue to play an important role in the custodial services sector, including as we deliver our ambitious programme of prison reforms, investing up to £2.5 billion to transform our prison estate and to create an additional 10,000 prison places.

I am confident that the changes I have set out represent the most sustainable approach for probation to deliver justice and to cut crime in the face of an unprecedented crisis. This approach will allow us to gain a critical measure of control over their recovery from Covid-19 and to ensure that we are best placed to respond to any future disruption. I believe that these changes will also support our proposals to reform the sentencing framework, as I set out to the House last October. We have already made significant progress as a Government in delivering that agenda, including longer prison sentences for serious, violent and sexual offenders, but there is much more work to do if we are even better to protect the public and restore fuller confidence in the justice system. As part of this package of reforms, I want to deliver robust community penalties that offer an appropriate level of punishment while tackling the underlying drivers of offending.

These changes to the probation structures will help us to realise that ambition by giving us greater control over the levers necessary to strengthen community sentences. My officials will work closely with current providers, stakeholders and staff to ensure a smooth transition during this challenging time, ready for the new unified model to come into effect in June next year. I commend the Statement to the House.”

My Lords, we now come to the repeat of the Statement on reforms to probation services in England and Wales. For Members participating remotely, microphones will unmute shortly before they are to speak. Please accept any on-screen prompt to unmute. I remind Members that our normal courtesies in debate still apply in this new hybrid way of working. It has been agreed in the usual channels to dispense with the reading of the Statement itself, and we will proceed immediately to questions from the Opposition Front Bench on a Statement made yesterday in the House of Commons on the wider opening of education and early years settings.

My Lords, I am speaking to reforms to the probation service in England and Wales—that is the Statement I am responding to. I thank the Deputy Speaker and the Minister for repeating the Statement made by the Secretary of State in the other place. We welcome the U-turn announced by the Government, which is something that the Labour Party and the trade unions have been pressing for over many years. The probation service is a Cinderella service. It is forgotten by most members of the public who never come into contact with its services, but offenders, sometimes victims and those involved in the criminal justice system know how vital it is to keeping us safe, making community-based sentences effective and proportionate and attempting to reduce reoffending.

As a London-based magistrate, over the years, I have read hundreds of probation reports, so I am well aware of the practicalities and difficulties of managing offenders in the community. However, since 2015, there has been a sorry tale of ideologically driven reform and failure. Cost-cutting measures were dressed up as reform and reoffending rates have since climbed by up to 32%. The stated principal objective of the reforms was to reduce reoffending, and against that simple, fair and objective measure, they have been an abject failure.

I am glad that the noble Lord, Lord McNally, is taking part in today’s short debate. He was of course the Minister responsible in this House for introducing the original reforms by the coalition Government. I do not want to rehash the many debates we had both at the time and since about the state of the probation service. I want to make a positive comment about what the noble Lord said at the time. If I remember correctly, he said that he was proud of introducing a National Probation Service. But with these further reforms, we are now moving towards a unified model for probation services and a whole-system national model to run the services, although elements of the delivery will still be done by voluntary sector charities and some private sector companies. I hope that the Minister, and indeed the noble Lord, Lord McNally, will agree that this unified model is more likely to deliver the primary objective of reducing reoffending. Does the Minister also agree that if the new national whole-system model is to work to best effect, it needs to be properly funded and have well-established working relationships with local authorities, the NHS and support services?

My Lords, we, too, welcome the thrust of the Government’s change of direction in abandoning the failed community rehabilitation companies and moving back towards provision by a National Probation Service.

I am grateful to the Minister for writing to me last Thursday explaining the Government’s thinking behind the changes, particularly those rowing back on the involvement of the charitable, voluntary and private organisations in probation provision. However, those changes still come as a disappointment, and I regret that his explanation does not justify them.

Many in this House have called for significant reform of the probation service to co-ordinate the services for offenders in custody and for those serving community sentences, all to secure the best possible outcomes—improving rehabilitation, cutting reoffending and turning lives around. The failed CRC arrangements were memorably criticised by Dame Glenys Stacey when she was Chief Inspector of Probation—in no small part because they failed to involve the voluntary sector in supplementing that work and in providing effective through-the-gate services at the end of prison sentences.

Dame Glenys’s report reflected the reality that the system failed to harness the skills and enthusiasm of small and committed private and voluntary sector organisations. Therefore, when the decision was, rightly, made to end the CRC contracts, we were promised more specialist resettlement and rehabilitative support from independent probation delivery partners, as they were to be called, in each region. The new proposals planned in May last year were structured so as to encourage charities and other small voluntary and private sector bodies, many of them with specialist expertise, to get fully involved in providing rehabilitation services, whether in addressing addiction and mental health issues or in providing education, training and employment opportunities.

My Lords, I thank the noble Lord, Lord Ponsonby, for his observations, but I say this: I do not consider that we are engaging in a U-turn. We are engaging in a further development of the probation service, prompted by a catalyst—namely Covid-19—that has underlined the need for us to take perhaps greater direct control of the service.

The noble Lord referred to the reforms of 2015 as a failure. I do not accept that. It was part of a journey, and we have now come to a point where we believe that it is appropriate to take direct control, through the National Probation Service, of all matters except rehabilitation and resettlement, and to encourage the engagement of the voluntary and charitable sector in the provision of those rehabilitation and resettlement services, which the noble Lord himself acknowledged were so important. In developing this, we have engaged with the voluntary sector and with Clinks, the organisation for the voluntary and charitable sector.

I am asked what we intend to do to engage with funding for this. The noble Lord, Lord Marks, referred to the idea of savings, but that is not what we are concerned with. Here, we are determined that, through the dynamic framework for the provision of rehabilitation and resettlement services, the National Probation Service should engage with the voluntary and charitable sector. We anticipate that, eventually, we will be expending something in the region of £100 million per annum in the engagement of those services.

We have the highest regard for probation service staff, both at the national level and at CRC level. We are encouraged by the idea that many of those who are engaged in CRC probation delivery will move over to the National Probation Service and bring with them their experience and depth of knowledge. We will be encouraging that as we go forward.

My Lords, we now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call as many noble Lords as possible.

I am pleased that I am able to join in the general welcome given to the Statement. We want to focus on the future and not the past, but I must take issue with the Minister talking about a journey, because the journey that took place was in the wrong direction and has damaged a very well-established service in the most unfortunate way. In future, it will be critical that the probation service is given a substantial period of time during which it can be allowed, without interference, to rebuild its confidence and morale so that it is once more capable of playing the central and positive role in the criminal justice system that it did in the past, as I remember well when I was primarily a criminal practitioner on the then Oxford circuit—which I accept was not recently.