Recall of Women to Prisons

“By the third night of my release, I was street homeless. My using got worse, I fell off my script even quicker this time. My life was just chaotic. I was doing whatever I could to survive.”

Earlier this week, the Secretary of State for Justice said in a speech that, as part of the Government’s rough sleeping agenda, they will invest £6.4 million in a pilot scheme to help individuals released from three prisons—Bristol, Leeds and Pentonville—into settled accommodation. However, I want to know what the Government will invest specifically in accommodation suitable for female offenders and their complex needs. If support services in the community to help such women find secure housing continue to be inadequate, women will be less likely to be able to break the cycle of criminality.

Another contributing factor to the high recall rate among female offenders is the high rate of complex needs and problems. Women under community supervision and in custody with an assessment are twice as likely as the men to have a mental health need, and 60% of women in the criminal justice system have experienced domestic violence. “Broken Trust” found that a third of those interviewed needed help with mental health, drug misuse and domestic violence. The report also showed that the relevant probation officers were unable to support them adequately, given their complex needs. Female offenders are much more likely to be vulnerable, so we need to ensure that there are services to assist them in rebuilding their lives, not only to help them but to make the community they live in safer.

Another issue that distinctly affects women recalled to prison is that female offenders are more likely than male offenders to be carers for children or other family relatives, and their recall therefore affects not only them, but their dependants. The length of time for which a woman can be recalled to prison can be just a number of days, but it will cause huge disruption to her and her family. Therefore, what provision is being made to ensure that the lives of those family members and dependants are not thrown into chaos?

The female offender strategy is clear that short custodial sentences are less effective in reducing offending than community orders, and that early intervention is key to reducing the number of women entering the criminal justice system.

Lastly, one of the most important factors that would prevent a woman being recalled to prison is a successful working relationship between the probation officer and the individual. I want to put on the record my admiration for Napo, the union, which I know tries really hard to support the staff, as I know the staff try to support their clients. The report by Her Majesty’s inspectorate of probation into recall described the impact that a negative relationship with a probation officer can have on recall:

“Those who have a poor relationship with their responsible officer are more likely to breach, and the fairness of enforcement decisions may affect this relationship.”

The report also showed that there was limited access to appropriate, women-only provision for female offenders. Furthermore, as I said, it is widely understood that female offenders have more complex needs than male offenders. Probation officers must therefore be properly trained in how to support offenders with complex needs, and must be able to signpost them to services that have resources to help them. That will be possible only if there are adequate support services with a joined-up approach to supporting the service user as soon as they leave prison. That, combined with positive relationships between probation officers and female offenders, would see the number of women recalled to prison fall.

Given the shocking rise in the number of women being recalled, we have to ask whether this is the most effective way of helping women to break their cycles in the criminal justice system. I welcome the Secretary of State’s comments earlier this week, which echoed the view that it is particularly disruptive to women’s lives for them to be recalled to prison, given that they are likely to have dependants. I want assurances that his proposal to abolish short sentences will be introduced as soon as possible. The female offender strategy is clear that women in prison are complex. The support services need to be well resourced so that, when they are released from prison, they have all the help they need to prevent them being recalled. Responses from the Prison Reform Trust show that a lack of secure and safe housing for women once they are released from prison directly leads to their recall. It is an absolute scandal that we are releasing women who are likely to be victims of domestic violence and have complex needs on to the streets.

There must be more funding for local authorities so that the right support services are in place and we can offer a joined-up approach to support women. Furthermore, there must be more of a focus on early intervention, which will steer women away from entering the criminal justice system in the first place or stop them being recalled. Services must be better resourced so that there is no longer patchy delivery for women across the UK.

Finally, a successful relationship between probation officers and service users is key. Probation officers must have adequate training to help female offenders, who have a variety of complex needs. I want assurances from the Government that they will provide that desperately needed funding. That would demonstrate that they are truly committed to the aims of the female offender strategy. They must properly resource the relevant bodies so that women are supported to break their negative cycles in the criminal justice system.

The ideas behind the extension of post-custody mandatory supervision were sound. They suggested that the Government were interested in rehabilitating offenders, not just punishing them. However, those good intentions have been smashed to pieces by the consistent and deliberate refusal to fund the services that support people transitioning from prison. Many must wait weeks after release to start receiving benefits, and universal credit claims must be made online, which is not possible for most inmates.

According to Her Majesty’s inspectorate of probation, one in seven short-term inmates leaves prison without knowing where they will sleep that night, and only a small proportion find suitable accommodation on the day of release. One woman recalled to prison and interviewed for the Prison Reform Trust said:

“Being a homeless woman is so degrading. They will send me out to no housing. It’s a big, ‘recall me’ sign on my forehead. I have no excitement about going out. I got no place to go and an ex-partner who is very violent.”

It is a bleak situation, made worse when we remember that two thirds of female offenders have dependent children and one third are single parents. Some 95% of the children of single mothers who are sentenced to prison time are taken into care, further perpetuating the cycle of neglect and trauma.

Although female prisoners make up less than 5% of our prison population, the dramatic increase in recall rates proves that our system is failing them. There is something clearly wrong with a system in which female offenders who have served short sentences for non-violent crimes end up being recalled for many more months because they have missed appointments with their support officers due to homelessness.

Centrally, that issue cannot be separated from the continued use of short-term sentences, which are destructive and do not work as a deterrent to crime. There needs to be a presumption against their use and an increased use of non-custodial punishments. If we as a society believe that our prisons should rehabilitate as well as deter, we must properly invest in support services. Leaving our ex-inmates to fend for themselves while imposing strict regulations on them greatly increases their chances of reoffending. Testimonies suggest that some ex-inmates deliberately reoffend to be readmitted to the system, where, crucially, they have a roof over their head. That cannot go on. We can solve it, but it needs political will and the right financial support.

The Government can and must do a better job of bolstering social programmes that aim to reduce the rate of offending among individuals who commit petty crimes. Many who do so feel they have no other option, especially if they are affected by addiction or mental health issues.

It seems to me as well that we cannot talk about this issue without talking about the Prison Service and the real problems that people within it are facing. Over the weekend, a constituent of mine appeared in The Daily Mirror and talked about leaving the Prison Service after only five days, simply because the training was not good enough; he felt intimidated and scared. How can Prison Service staff deliver rehabilitative programmes if they are leaving the service because of lack of training and because of intimidation and threats of violence? The Government need to address that.

It seems that the justice system is blind to the impacts of short prison sentences on mothers and their families. Women are more likely to be a child’s primary carer, so these sentences have greater impact on their lives than on the lives of their male counterparts, who do not often have that experience of being primary carers. Children of women in prison find themselves struggling when it comes to basic necessities, including housing, health and education. In many respects, many of them have failed in the system before they have begun.

The Government can do something about that. According to a Prison Reform Trust report in 2018, every year over 17,000 children in England and Wales experience their mothers going to prison. Just imagine that: suddenly the primary carer in their life is gone; suddenly there is discord and disharmony in their life. Their education will be disrupted, whether they like it or not. The children of prisoners are more likely to be ill. Often, they are displaced from their home and their lives are uprooted. They have to enter new schools, often with the stigma of knowing that their classmates know that they are the children of prisoners. They may be separated from their siblings. All of this sounds almost like a Charles Dickens story, but it is happening in this country in the 21st century, and it is something that all of us, as Members of Parliament, should be concerned about and should do something about.

According to the 2018 female offender strategy document, roughly 60% of female inmates are victims of domestic violence. As a result of horrific abuse, these women find themselves in dire situations, with a limited pool of supportive resources. They may be coerced into a life of crime by an abusive partner, or they may turn to petty crime to provide for themselves and their children. If somebody is particularly shoplifting for food, it seems common sense to me to ask why. Are they hungry? Rather than make them criminals, is it not far better to offer them hope?

Women with abusive partners often find themselves cut off financially and unable to keep up with a variety of payments, ranging from bills to council tax payments. Women sent to prison due to non-payment become entrenched in a cycle of instability. How are they supposed to create a better life for themselves and become proactive citizens if they are imprisoned and thrown back into the exact same situation that led them into trouble? If someone is falling behind on their bills, such as council tax, the wrong place to send them is to prison, because that just criminalises them.

I firmly believe that women do not belong in prison, especially if they have not been convicted of a violent crime. They need support and should be placed in a facility that is at least designed to rehabilitate and educate them. These women require a safe space where they can learn valuable skills that allow them to live independently, thus removing their need to return to crime; instead they can become useful citizens to society.

The probation service does not facilitate support for recently released inmates. Indeed, as the hon. Member for Bath (Wera Hobhouse) said, since reforms such as the Offender Rehabilitation Act 2014 were made, recall numbers for women have risen by 131%—a shocking statistic when compared with the 22% recall rate among men. Something is wrong when for so many women the system is not working. Between 2017 and 2018 more than 1,700 women were recalled to prisons, which is roughly half the female prison population.

In addition to attempting to restabilise and normalise their lives, these women have the added stress of maintaining contact with their probation officers. The constant threat of being recalled creates a lack of trust between offenders and probation officers, and trust is key to ensuring that those women do not return to a life of crime. Offenders have no one to turn to if they face having to slip back into petty crime in order to survive. If a probation officer is on the lookout only for a perceived risk of offending, it seems unlikely that they will be someone to whom an at-risk offender can turn for help.

Two weeks ago, I called on the Government to abolish the practice of administering short sentences to non-violent offenders, and instead to focus their efforts on establishing rehabilitation services, residential centres, and the use of community service orders. For women who are also themselves victims, short stints in prison only cause more problems in often chaotic lives. I am impressed that the Secretary of State acknowledged that short prison sentences do not work. I urge him and other Justice Ministers to put their words into action, to abolish short prison sentences for women, and to create a system that benefits and builds trust in the whole of society.

In addition to the design failures and the problems with the lack of community support, we know that there are real problems with the community rehabilitation companies that provide the specialist support that women subject to post-release supervision should receive. I have heard reports of women receiving phone contact only from their supervising officer, a lack of women-specific support and programmes designed specifically to meet the needs of women, and chopping and changing supervisory staff, which makes it difficult to build that relationship of trust between supervisor and the woman being supervised. It is also clear that most women appear to be recalled not because of further offending, but because of a failure to comply with the terms of their supervision. According to a written answer I obtained from the Minister for Prisons on 5 November last year, only a quarter of women are subjected to recall as a result of committing a new offence.

As we have heard, there are particular reasons why women might find it more difficult to comply with the terms of an order. They may have childcare obligations. If it is difficult to get childcare, they might find it hard to get to a supervision meeting. There is the difficulty of managing complex household needs, the lack of access to stable housing, difficulties accessing transport—women who are less likely to have access to a car may have particular problems with that—and women’s greater range of vulnerabilities. That experience of going in and out—of short periods of custodial sentence and then of being recalled, perhaps on more than one or two occasions—represents a cat and mouse situation that does nothing to help stabilise chaotic lives and support those women away from a path of reoffending. Nor does it help the Lord Chancellor in his rightful ambition to reduce the prison population.

It is clearly time to radically rethink the policy. The Minister will be familiar with the whole-system approach we have adopted in Greater Manchester over a number of years. I firmly believe it offers a much better model of support for women. I am pleased that many of the concepts we have used in the whole-system approach have found their way into the female offender strategy, but I urge the Minister to be much more vigorous and determined in effecting those principles. He should take a “what works” approach to policy and abandon one that clearly does not work.

First, the Minister needs to consider what genuine, through-the-gate support will look like. How can that be designed and resourced for the move from prison into the community? Secondly, we need a commitment to proper investment in community provision. In particular, that should be in sustainable and adequate funding for women’s centres. Thirdly, as we have heard, we need better processes for information and decision making by supervising officers when considering recall, and that means better staff training. We urgently need legislation for a presumption against short custodial sentences coupled with building greater confidence in community alternatives, as we are seeing in Scotland. We know that short custodial sentences are particularly damaging to women and their families. They also fuel the recall problem.

Fundamentally, I ask the Minister to join me in rethinking the policy of active post-release supervision that we signed up to in 2015. It is not clear that it is doing any good, but it is quite clear that it is doing quite a lot of harm. I am persuaded that it was not the right policy to adopt. I hope the Minister will be prepared to reconsider it.

Simply put, locking women up for a few months many miles from home leads only to increased alienation, increased problems for families and carers, and, perhaps most damagingly, an increased likelihood of reoffending and recall. They should not be in prison to begin with. Indeed, the Government’s own female offender strategy underlines that shorter sentences are far less effective than non-custodial sentences such as community orders. It also hammers home the point that early intervention is key to reducing the number of women who enter the penal system in the first place.

We know that homelessness is a big catalyst for reoffending and recall to prison. Six out of 10 women prisoners have no home to go to when they are released. Given that the nearest prison for women living in my constituency is more than 50 miles away, in England, that can force women on to the streets, far from their own communities and any support networks they may have.

I urge Members to take a second to try to put themselves in the shoes of a woman who is convicted of theft and given a prison sentence of less than six months. In that time, that woman will be unable to pay her rent and will be evicted. She will have no money to secure a new property, and little or no means of travelling back to the community she lived in and any fragile support systems she may have access to. It is no exaggeration to say that the prospect of going back to prison eventually becomes appealing compared with the terrifying alternative. In its recent report, “Broken Trust”, the Prison Reform Trust stressed that the lack of housing post-release needs to be addressed urgently.

The huge distances women are placed from home can have a terrible impact on their ties with family and friends, with bonds often shattered during their imprisonment. Children, loved ones and friends face long, expensive travel and short visiting hours, and the ensuing relationship breakdowns can easily escalate into the breakdown of formal support networks. Too often, women are left in truly hopeless situations, facing the most appalling isolation. The 2014 recall reforms mean that if a woman in a vulnerable situation commits even the most cursory transgression, she can find herself back inside, and back in the well-known cycle of institutionalisation, with all the perils that poses.

Our criminal justice system should, at its core, be about reducing crime, yet the situation as it stands is pure smoke and mirrors, with the supposed short-term win of detaining women for short periods masking the actual impact. The longer-term cost of that—namely, an ever greater number of potential victims of crime—is not only counterproductive but, frankly, shameful.

The 1997 Labour Government were famously elected on a promise to be “tough on crime, tough on the causes of crime”. Although that Government’s record in this area was sometimes chequered, they had at their heart an understanding that the causes matter as much as the crime. We must address the elephant in the room: why do women commit relatively low-level crimes in the first place? Lots of Members have referred to that, and I make no apology for reinforcing what they said. A six-month prison sentence will not help a woman who was forced to steal to feed her children. A short time inside will not help a woman who has a long-standing addiction to drugs, alcohol or gambling. Being put behind bars will not help a victim of domestic violence who lashed out in response to years of oppression. We need to look again at the causes of crime rather than having ridiculous blanket sentencing regimes.

In 2017, the charity Women in Prison found that 84% of women entering prison had committed a non-violent offence. It is precisely for such crimes that women receive relatively short custodial sentences. In the same year, the Ministry of Justice itself found that shorter sentences were

“consistently associated with higher rates of proven reoffending”.

I am pleased that this week the Justice Secretary mooted a move away from short prison sentences but, as with everything with this Government, we will have to wait to see whether the reality stacks up to the rhetoric—perhaps the Minister will give us some assurances about that. But—it remains a but—if what the Secretary of State said this week is true, we might at last have a real opportunity to start turning around the damaging trend among female offenders.

The Prison Reform Trust’s “Broken Trust” report is a call for action that the Government would do well to heed. I support the trust’s call for the establishment of women-specific community services, including multi-agency outreach services. The complex nature of crime and its causes demand such a multifaceted approach. We cannot blindly continue to treat prisoners as a tick-box exercise, assuming that they will integrate well into society after they leave the prison gates. Far greater attention therefore needs to be paid to work with local authorities and the devolved Administrations.

There are pressures on housing throughout the country, but until we integrate housing services with the prison system properly, we will never sever the link between women leaving prison and elevated levels of homelessness. Too many of us see the blooming numbers of rough sleepers on our streets, and that is just the tip of the iceberg. However unpalatable some might find this, women leaving prison have just as much right to council services and support networks as any other residents in need.

Justice Ministers must work much more closely with the Department for Work and Pensions to ensure that those prisoners who are eligible to claim welfare support when they are released have the right information well in advance of the day they walk out of the prison door. Given the plethora of issues with universal credit, I do not hold out much hope of the Government taking action on that—they have consistently let down the most vulnerable in society.

Time does not allow me to discuss all the Prison Reform Trust’s recommendations, but if the Minister will do one thing today, please let it be this: agree to implement each of the report’s recommendations or, if he feels that any cannot be implemented, to explain why not. Some recommendations will cost, but failing to act will have far more significant financial implications for the Treasury long into the future.

In truth, although it might not always be popular to advocate increasing funding to help released prisoners to reintegrate, it remains the right thing to do. Nine years of Tory austerity make the case even more strongly. The fact remains that investing in rehabilitation and specific support services for women who are in prison and, crucially, who are leaving prison, will reap economic rewards as well as social dividends. Reducing the rate of recall to prisons will, in the long run, slacken the strain on our Prison Service, which is reaching breaking point in many places—in some places, it is broken already.

We have heard from the Prisons Minister that he is prepared to resign should he fail on prison safety, which is a major problem. However, it is just as important for the Government to get to grips with the issues outlined today, not least because if prisoner numbers constantly increase in the long term—increase as the Government fail to get a grip—prison safety will only worsen.

My remarks are not a counsel of despair, and the Justice Secretary’s comments this week give rise to some cautious optimism, albeit after significant pressure from the Opposition. Warm words, however, mean nothing if they do not translate into meaningful action. I hope that my message to the Minister is clear: this week’s welcome news cannot simply be about giving the Government a good news day amid the Brexit chaos; the Justice Secretary’s words must translate into real investment in support services and rehabilitation, with a nuanced focus on women and their individual needs. Only then will we truly begin to start reversing this deeply worrying trend.

As has been said extensively in this debate and others, short sentences have huge implications for women and their families. A recent report by the Prison Reform Trust show that 17,000 children in England and Wales are affected by maternal imprisonment. Those 17,000 children might have to be cared for by somebody else, be rehomed, leave school or drop out of education altogether. Sometimes recall is necessary, but a decent justice system is also a humane one. In the current system, licence conditions are often seen as a tick-box exercise, rather than a more holistic approach being taken. It is clear that it is not working. Those 17,000 children did not commit crimes, but recall can have a catastrophic impact on them.

We must not forget that, although women can be perpetrators of crime, more often than not they are victims of crime. The Prison Reform Trust data shows that, shockingly, nearly 60% of women prisoners have previously experienced domestic abuse. If we are to solve the issue of female prisoners, this debate must go well beyond recall and prisons, and delve into the wider issue of women in society. As the Prison Reform Trust succinctly states:

“women can become trapped in a vicious cycle of victimisation and criminal activity. Their situation is often worsened by poverty, substance dependency or poor mental health.”

Given that women are often the principal carers for children, it is obvious that the impact of recall and imprisonment is far-reaching.

Some 84% of sentenced women entering prison committed a non-violent offence. When I spoke to the women in Downview prison, I was struck by the fact that none of them was the ringleader in the crimes they had committed. All the women I spoke to were ancillary to the crimes and all the ringleaders were men, so the situation needs looking at holistically. At present, women are more likely than men to be given a prison sentence for a first offence, with one in four women sentenced to less than one month and 55% to less than three months. Women are also more likely to complete their community order or licence period supervision successfully, so there is a huge question about whether the vast majority of women prisoners ought to be in prison in the first place.

The 2007 Corston report called for a distinct, radically different, visibly led, strategic, proportionate, holistic and women-centred approach. Much of the report focused on community support, sentencing reform and alternatives to custody. I fear that, 12 years on, progress on women prisoners has fallen far short of Baroness Corston’s original recommendations. The Secretary of State for Justice has signalled an intention to move away from the model of short sentences, but in regard to women and short sentences, Baroness Corston remarked that short sentences

“do not successfully deflect from further offending and for many women make their lives and those of their children worse.”

Why has it taken 12 years to reconsider short sentences when their effects have been known for so long?

The Select Committee on Justice found, in our recent work on transforming rehabilitation and introducing a presumption against short sentences, which we recommended, that volatile short stays in prison can exacerbate the issues in play, rather than reduce reoffending. It has been shown that offenders serving a community sentence typically have a reoffending rate 7% lower than that for similar people serving prison sentences of less than a year, so surely that is where the emphasis should be—on delivering rehabilitation and reducing reoffending.

Women are only a small percentage of the overall prison population. Their distinct issues often go unnoticed or are not focused on in the context of the significantly greater number of men in the prison estate. I therefore welcome the message from the Ministry of Justice in relation to short custodial sentences, but I want to see legislation on that issue and more robust community sentencing, so that those who are passing sentences have confidence that no non-custodial sentence—