Criminal Justice and Courts Bill
Baroness Linklater of Butterstone Excerpts(10 years, 2 months ago)
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Baroness Linklater of Butterstone (LD)
My Lords, this amendment contains two aspects which cause concern. One is the use of force—a matter of grave concern when dealing with young offenders—and the other is secure colleges, a new idea from the Government that fills us with despair and gloom.
This is one of the most sensitive and difficult areas of all offender management. The secure college rules sanction the use of “reasonable force” in three circumstances, and proposes a fourth. These are: to prevent injury to the young person or others; to prevent escape from custody; to prevent damage to property; and, lastly and worryingly, to maintain good order and discipline—otherwise known as GOAD.
Noble Lords have listed their own versions of such circumstances, including the last resort of,
“maintaining a safe and stable environment”.—[Official Report, 21/07/14; col.1046]
A comprehensive list was given by my noble friend Lord Marks, with such conditions as minimum force, minimum duration, minimum necessary and no techniques involving pain. All are agreed that force must not be used as a punishment, although it will most likely feel and seem a punishment to any young person who has the misfortune to experience it. It is highly undesirable and unjustifiable in almost every imaginable case that young people should experience this.
The acid test of really good management of young people who are characterised as being among the most damaged, the most difficult and often the most disturbed in their age group is that situations should not be allowed to reach such a point where force becomes an issue at all. Adolescent units in psychiatric hospitals present parallel situations, just as they often do in secure prisons, and control depends on very skilled management by well trained professionals. I have seen such examples in both situations—in prisons and in hospitals—where professionals do not need to have recourse to restraint because violent situations are anticipated and pre-empted. Once the possibility of force is accepted, it will be used.
The GOAD sanction seems the most concerning, partly because of the type of language used, including what is described as MMPR—managing and minimising physical restraint according to approved restraint techniques. GOAD—good order and discipline—is much broader, open to subjective interpretation and likely to be most widely used for that very reason. It is extremely worrying.
We do know that the JCHR recommended that only the first three circumstances of the college rules should apply, and that good order and discipline should not be included. It said categorically that secure children’s homes do not use force to maintain a safe and secure environment, and they have the same clientele. However, the MoJ has announced that it intends to allow the use of “reasonable force” to,
“maintain good order and discipline”—
which begs the question, of course, of what is “reasonable” where a young person is perceived to be posing a risk to,
“maintaining a safe and stable environment”.
The criteria are going to be so important.
Also, the MoJ does not consider it “necessary or appropriate” to set out in the Bill the circumstances in which custody officers are authorised to use force in secure colleges, and states categorically that,
“the Bill is clear ... a custody officer must be permitted by the rules to use force”.
This must be clarified further if the Government are to have some idea of the sort of regime they are sanctioning and for there to be confidence and trust in how these difficult and vulnerable children are being managed.
The JCHR’s most recent report on the Bill concluded that:
“We are concerned by the vagueness of the Government’s references to ‘maintaining a stable environment’ and protecting the ‘welfare’ of the child and others as permissible justifications for the use of force. The law is clear that the use of force on children … can never be justified for the purposes of good order and discipline”.
So there is a clear and currently unresolved difference of view, with each side apparently absolutely clear on the rightness of its position. However, what is clear is that the children and young people being dealt with here are recognised as being particularly troubled and vulnerable. If force is used on them, it confirms to them that violence is acceptable because that is what is being used by the authorities. Different standards and criteria are being used when it is deemed fit. I sincerely hope that such double standards will be rejected out of hand by the Government.
Lord Beecham
My Lords, the Government’s plans for the largest children’s prison in Europe are,
“bad for children, bad for justice and bad for the taxpayer”.
Those are not my words but, as the noble Lord, Lord Ramsbotham, pointed out, those of 29 signatories to a letter in the Daily Telegraph, which of course is affectionately known as the house journal of the Conservative Party. One would therefore expect the Government to pay particular attention to views expressed in it and by it. The signatories include the chief executives of leading children’s charities, the president of the Royal College of Psychiatrists and the chair of the Association of Youth Offending Team Managers, among other experts in the field. Today, the Daily Telegraph contains an article by Mary Riddell supporting the position of those who wrote that letter.
No one would argue with the intention to improve the education and thereby the life chances of young offenders, but the Government’s proposals for a secure college housing one-third of young offenders in custody bear all the hallmarks of yet another rush to misjudgment. With a site in Leicestershire planned for a young offender institution going begging, the Lord Chancellor’s latest notion was to engage a building firm to design a college housing boys and girls aged 12 to 17 and then to start a tendering process which would lead to potential operators effectively writing their own job description, with precious little information as to costs or the precise way in which the institution would be managed. As we have heard, last week the Government published their consultation on the rules that will govern the establishment, containing such revolutionary and transformative suggestions that inmates should be entitled to at least one hot shower a day. But, as the noble Lord, Lord Ramsbotham, has pointed out, the consultation will be concluded after the legislation is enacted, so Parliament will have no opportunity to consider the outcome or the Government’s response. That is a clear case of premature legislation for which no medical treatment can be prescribed.
Amendment 108 is designed to ensure proper scrutiny of this critically important part of the process. The amendment refers to the,
“mental or physical health needs”,
of young persons in secure colleges. As we have been informed by the noble Baroness, Lady Finlay, a report by the BMA on the detention of children is due to be published after the Bill has left this House. Given the seriousness of the issue, the novelty and controversial nature of the plans and the lack of detail as to how the college will operate in practice in terms of who will operate it and at what cost, why are the Government in such an unseemly hurry?
There are, as we have heard, serious problems about the proposals. Among the most worrying, is the notion of housing all 44 girls now in custody in England in one place, necessarily, potentially far from their homes, something which will also be true of many male inmates, and also remote from the local authority services with which they should be in contact. There will be no overnight residential visitor accommodation on the site.
The prospect of having 12 to 15 year-old boys in the same institution as 15 to 17 year-olds is also a matter of grave concern, even though they will apparently be housed in separate units on the site. The former vice-chairman of the Youth Justice Board expressed his misgivings about security with a high concentration of the latter age group. Today, the Chief Inspector of Prisons is reported as expressing concerns about a more concentrated mix of vulnerable, challenging and sometimes very violent boys, in the light of the fact that the number of children going into care is decreasing. It is becoming a more concentrated and a more problematic group. The older boys will potentially be in the same institution as these younger children.
Amendments 109 in my name and 117A in the name of the noble Lord, Lord Marks, in the next group, seek to deal with this matter. In Committee, the Minister indicated that no final decision had been taken on these sensitive issues, but, of course, that simply underlines the undesirability of giving the Secretary of State carte blanche to determine them without parliamentary scrutiny. It is also entirely unclear how the educational component, which is the ostensible justification for the scheme, will work, given that the population will be constantly changing. In Committee, the Minister said that,
“a sufficient bank of time in a secure college would be intended, with an individually tailored plan”.—[Official Report, 21/7/14; col. 1035.]
He failed to reply to my questions as to what sort of time we were talking about and who determined what sort of time would be ultimately allocated.
We are a country that criminalises children at a much younger age than most. We appear reluctant to inquire into, let alone learn from, the experience of other countries such as Finland, Spain—where, as the noble Lord, Lord Ramsbotham, pointed out, Diagrama runs the best children’s custody centres in Europe—or even the US, where the Missouri model, with facilities containing no more than 50 beds, is becoming widely adopted. Has the Government even examined these or other models? Yet here the Minister described the measure in the Bill as providing a,
“framework for the creation of secure colleges so that the Government can trial a new approach to youth custody”.—[Official Report, 23/7/14; col. 1185.]
If they have not examined other people’s trials, then the notion of a trial here is somewhat limited. In any event, it is an odd sort of trial that encompasses a third of the total potential number of relevant young offenders and one that perhaps threatens the viability of existing facilities, including secure children’s homes, run, as we heard earlier, by local authorities.
The proposals contained in the Bill have attracted very little support. They embody the Government’s usual attachment to outsourcing. They are being pushed through with scant regard to the proper processes of parliamentary scrutiny. I entirely echo the words of the noble Lord, Lord Deben, in strongly suggesting that the Government would be wise to extend the period and allow such scrutiny to take place.
Amendment 111 would require secure college rules to be approved, should the plans go ahead. Amendment 111A in my name would ensure that no second college could be provided without a proper assessment of the first, should that go ahead. I urge the House to support these amendments in order to ensure that proper consideration is given to these and other issues before launching what is, at present, an ill-defined and untested project. In addition, Amendments 120A, 120B, 121 and 122 deal with the use of force. The Joint Committee on Human Rights has expressed its views forcefully, as have a wide range of organisations. The amendment in my name and in the name of the noble Lord, Lord Ramsbotham, embodies the committee’s formulation.
In Committee, I pointed out that Schedule 5 to the Bill contains a wide power under paragraph 10 for a custody officer to use “reasonable force” not only to,
“ensure good order and discipline”,
but to prevent escape and,
“to prevent, or detect and report on, the commission or attempted commission … of other unlawful acts”—
unspecified—and,
“to attend to their well-being”,
under paragraphs 8(c), 8(a), 8(b) and 8(d) respectively. In addition, paragraph 9 extends the possible application of force to the searching of detainees and anyone who is in the college or seeking entry. Those are very far-reaching powers, on which the Minister did not specifically comment. They will be entrusted to people whose training, qualifications and supervision we know nothing about.
The position is utterly reprehensible and I hope that, having listened to Members on all sides of your Lordships’ House, the Government will take time to think again. I repeat: we are all entirely with the Government on wishing to make the best provision in educational and other terms for these damaged youngsters, but we are heading down a road with no clear indication of the destination or, indeed, how we will reach it. The Government should take the time, look at other people’s experience, engage with those most involved with the service and with these young people, and come back with some revised proposals.
Criminal Justice and Courts Bill
Baroness Linklater of Butterstone Excerpts(10 years, 5 months ago)
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Baroness Linklater of Butterstone (LD)
My Lords, I shall echo most of what has already been said. I think that around the Chamber we are pretty well agreed that what is being planned in general for the most vulnerable children in our community is entirely inappropriate and inadequate.
First, I shall speak to the new clause proposed in Amendment 43B concerning sentencing guidelines and provisions regarding secure colleges. The clause would amend the sentencing guidelines laid down in the Coroners and Justice Act 2009 in relation to those aged under 18. It states that no court should impose a custodial sentence upon an offender who is under 18 simply because a place happens to be available at a secure college when otherwise a community sentence would have been imposed, or impose a longer sentence precisely because a place at a secure college is available. It reflects a concern that sentencers might be attracted by the idea of a secure college at the expense of a community sentence because of the possibility of the education that may be on offer. That of course is very superficially attractive, not least because at this point in time we have no idea what that educational provision will consist of.
It is rather like when the DTO was introduced in 2000. It was attractive to magistrates because it appeared to combine punishment with rehabilitation and protection to society, but it simply resulted in a surge of children in custody. With similar perceptions, there is a real risk that secure colleges could drive up the numbers in custody. It is important to remember that custody really must be the disposal of last resort for young people in particular. They have the worst outcomes of all sentencing options for society, as well as for the offender, as 70% of children and 58% of 18 to 21 year-olds will reoffend within a year of their release.
We know that non-custodial sentences offer far better outcomes all round, particularly in terms of reoffending. However, the form of custody envisaged by the secure college, by virtue of its scale alone, offers little hope of achieving much in terms of improving the life chances of the children and young people it is planned that it will hold. Some 320 children under one roof, or at least in one campus, is just an impossible size for anything to be done—as everybody has been saying—on a personal basis.
There is an additional worry, highlighted originally by Sir Alan Beith MP at Second Reading in the Commons, that the education said to be on offer is likely to be piecemeal at best when the average length of custody is 79 days and hardly long enough to complete any course, even if a young offender happened to arrive at the college at the beginning of one. They take pot luck to join in when they arrive. So the reality of the college experience from an educational point of view alone is—
Lord Faulks
I am very sorry to interrupt my noble friend but I wonder whether she is not in fact talking to a different amendment.
Baroness Linklater of Butterstone
Oh, it is in a different group. I am so sorry. Shall I continue or shall I leave it?
Lord Faulks
I think, with respect, you could come back to it if we get to that point.
Lord Storey (LD)
My Lords, I apologise for not having spoken at Second Reading. I was thinking that had this proposal come when we were debating the Children and Families Bill, there would have been uproar all around the House.
As has been said, we have to remember that 70% of young offenders have special educational needs and 20% are currently on what are called educational statements. The word “college” of course means education but the notion that you provide that educational support in what will in fact be Europe’s largest children’s prison is quite concerning, as is the notion that you put 12 year-olds with older youths and take them away from their support systems, their family and friends. We have not as yet decided what the education package is going to be. If it is going to be a genuine education package then there have to be educational psychologists, speech and language specialists and people dealing in mental health issues to make it really effective.
I have two real concerns. First, one of the amendments talks about younger children. There are moments in your professional life where certain events happen and they are almost life-changing in their impact. I remember clearly an 11 year-old boy who came to my school. They discovered that his mother’s partner had been in Winchester prison for child abuse. The boy was immediately taken away from his family and put in a secure children’s home. He was 11 and all the other young people in the home were 15 and 16. With the help of the local MP we got him out of the children’s home within, I think, three to four weeks. That boy had changed beyond belief. He had become a drug pusher; he did not want to support his family any more; he became abusive; he became a bully—all the sorts of things you do not want. That is my concern about putting young children into such institutions—and they are children. At the age of 12, 13 or 14, we are talking about children. The notion of putting children into this kind of institution is, to my mind, terrifying.
My second point is on the need for education support, which I have just mentioned. I recently went to visit a youth offending team on Merseyside comprising a very professional staff who are doing a tremendous job. The team’s concern is that currently it cannot even get information from schools to find out whether the young people concerned have statements or their educational assessments. We will have to pin down what the support provided in a secure college will be and what help is to be given.
I am very concerned about this proposal. If it is going to proceed, the important issues around age, the admittance of girls and of education provision have to be clearly spelt out. If this is about saving money, let us be honest and say so. If this is about a secure unit, let us be clear about that. But if the word “college” is going to be used and it is about supporting young people in their education and preventing reoffending, the issues that have been expressed in this debate have to be clearly and skilfully dealt with.
Baroness Linklater of Butterstone
With the leave of the Committee, I wonder whether I could try to complete what I was going to say, especially on Amendment 43C in this group.
The plan that a secure college should hold such a wide age group of 12 to 17 year-old boys and girls would seem inevitably to present enormous safeguarding risks. There are only ever very small numbers of girls in custody. Some 96% of those being held are boys aged between 15 and 17 years. The Joint Committee on Human Rights said:
“We note that the Government does not appear to have carried out any equality impact assessments of the proposed secure colleges policy, and we recommend that such assessments should be carried out and made available to Parliament at the earliest opportunity”,
assessing in particular the impact on girls and younger children of detaining them in large, mixed institutions holding up to 320 young people, including older children up to the age of 18.
While it is true that secure training colleges and secure children’s homes have a mixture of ages and sexes, the crucial difference is that they consist of very small units that are usually close to the child’s home with lots of intensive, one-to-one support from well trained and highly qualified staff. That is something which is light years from anything a 320-bed secure unit is going to be able to offer. The real problem is that without any pilots and with very little information on how they will be run and staffed, and about what programmes will be on offer, far too much detail is missing. That makes a realistic assessment by anyone impossible to do. It is a completely inadequate basis, I would suggest, on which Parliament can either judge or give its approval. What we do know is that this is a vulnerable, needy and challenging group of offenders for whom the risk of reoffending is very high. The chances of their complex needs being met in an enormous institution are low at best. I shall be very interested to hear what the Minister has to tell us when he comes to reply and how he will meet so many profound concerns.
Baroness Howe of Idlicote
My Lords, I shall share just a brief word, because I was unaware that we were going to be dealing with this clause. If we had been told that there are already minimum rules for restraint in existence, and bearing in mind strongly what has been said about the damage that would almost certainly have been done to these children over a number of years, as the noble Baroness, Lady Stern, stressed, then I think that it would be a really dangerous scenario to assume that what was described as two pain infliction methods would be the expected way of dealing with severely damaged children. They would be likely to be far more dangerously infected with these sorts of policies going into adulthood.
I hope that the Minister will be able to reassure us that an extremely careful look will be taken at whatever forms of restraint are to be used. The point made about properly trained staff, who know what they are doing, is crucial too.
Baroness Linklater of Butterstone
My Lords, the Joint Committee on Human Rights has found,
“that it is incompatible with Articles 3 and 8 ECHR for any law, whether primary or secondary legislation, to authorise the use of force on children and young people for the purposes of … discipline … we recommend that the relevant provision in Schedule 4 of the Bill should be deleted, and the Bill should be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort; only for the purposes of preventing harm to the child or others; and that only the minimum force necessary should be used”.
The children and young people who are in custody are the most needy and difficult in the system, as we have already agreed, and present many and ongoing challenges. That is why it is so important that force is never, or extremely rarely, used. It is also why the experience and training of staff is paramount. I have seen expert, careful and skilled staff manage a potentially explosive situation and ensure that calm prevailed without any need to use force. It was most impressive.
Force tends only to provoke force and exacerbate situations in a distressing way. It also legitimises the use of force by staff and sends out the very same message to the young people, which, of course, is precisely the opposite of what is needed. That is why it is so important that we have much more detail on what the training, skills and experience of the staff who are likely to be employed in the secure college will be. I hope that the Minister will be able to give us an explanation and reassurance that special attention is going to be paid to this issue. An establishment of the scale planned by the Government is likely to create the most challenging environment that anybody working in this field will ever have had to deal with.
It appears that MoJ officials are planning to outline their expectation of when force can be used, but we urge that primary legislation remains the proper place to ensure proper safeguards. However, I understand that it is highly likely that the passage of this Bill will be completed before the final version of the rules is published, thus preventing parliamentary scrutiny. I hope the Minister can give some clarity on this.
Criminal Justice and Courts Bill
Baroness Linklater of Butterstone Excerpts(10 years, 5 months ago)
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Baroness Linklater of Butterstone (LD)
My Lords, little did I think that I would get to my feet having heard parallels being drawn between judicial review and line decisions at Wimbledon, but I think that my speech will be much more boring than that.
This Bill comes hot on the heels of a previous Bill, now the Offender Rehabilitation Act, which contains important changes such as the new levels of support to be given to offenders coming out of prison, which I support. This Bill in turn looks at the more punitive aspects of government plans, which involve being tough on crime and collectively are likely to put further pressure on our already overstretched prisons and the overworked Parole Board in particular.
These are difficult times for the Prison Service in England and Wales, with rapidly rising numbers, huge budget cuts, significantly reduced staffing levels and disturbing increases in serious assaults and suicide in custody. The Chief Inspector of Prisons, Nick Hardwick, has recently warned of a situation of “political and policy failure”. Although the number of offenders coming into the system over the recent past has decreased, in the past five weeks the prison population has increased by 734 people—the size of a large prison—and now stands at 84,533 souls, while the prison estate as a whole is holding 9,242 more prisoners than it is designed to hold. Cuts to the MoJ budget are due to total £2.4 billion by 2015. Now, like never before, it is time to give priority to alternatives to custody as a matter of urgency, which some of us have been trying to promote for years, and which are far cheaper, with far better outcomes in terms of reducing reoffending. The proposals in the Bill, I suggest, should be tested against these realities.
The scope of the Bill is very wide and I will focus my remarks on the first part of it. Clause 6 deals with electronic monitoring or “tagging”. Used appropriately, it is an effective tool, particularly when coupled with good supervision. However, subsection (3) of this clause gives new powers to the Secretary of State to make tagging mandatory, either by type of offence or type of sentence, thus limiting operational discretion and the flexibility to best suit the needs of individual offenders. These powers can be exercised by order, thereby limiting the role of Parliament to scrutinise, and any provision to guard against inappropriate use is currently vague. The code of practice just states that the Justice Secretary must implement a non-binding code of practice in relation to the processing of data gathered via tagging—in other words, a virtual free hand. The Joint Committee on Human Rights has said that,
“detailed safeguards in the Code of Practice will be crucial to ensuring that the processing of data”—
that is, data gathered in such a way—
“is carried out in such a way that any interference with the right to respect for private life is necessary and proportionate to the legitimate aims pursued”,
thus pre-empting the possibility for human rights to be ignored. The committee suggests that the Bill,
“be amended to make the Code subject to some form of parliamentary procedure”,
to ensure that Parliament has the opportunity to scrutinise the adequacy of the relevant safeguards. I endorse that suggestion since these proposed changes, as they stand, are flawed and do not allow for proper parliamentary scrutiny, as they should do.
In Clause 7, there is a new provision allowing for recalled determinate-sentence prisoners to serve the whole remainder of their sentence in custody, rather than a fixed period of 28 days, as at the moment. This is if it “appears” to the Secretary of State that the prisoner seems highly likely to breach the conditions of their licence—thus punishing a prisoner on the presumption of future behaviour. There will be a new statutory pre-release test for these prisoners by the already overstretched Parole Board, which on top of all its other demands, will have to decide on the “likelihood of breach”, by making the same presumptions as the Secretary of State. It has been suggested that this clause places too much emphasis on the gamble of the likelihood of breach, at the expense of ensuring effective supervision and making a more positive and constructive gamble. In general, the chances of making good in the community are always higher out of prison, rather than in it. Good, effective supervision should always be built into the new release test. I look forward to the Minister’s response to this.
Under Clause 8, the Secretary of State is given the power to change the release test for these prisoners, subject to the affirmative resolution procedure, thus giving him an unacceptable degree of power. Parliament must be able to scrutinise and ultimately oversee all decisions that affect the fundamental rights of citizens, such as depriving them of their liberty. Citizens of this country must be confident that such decisions will always be the responsibility of the courts and not of a single individual—including any politician—who is here today and may be gone tomorrow. Any other way would be quite unacceptable.
Clause 25 deals with knife crime and was included at the last minute in the House of Commons. It includes minimum custodial sentencing for a second conviction. A previous conviction for “threatening” with a knife or offensive weapon will count as a first strike. The minimum sentence is a custodial term of six months for over-18s and a four-month DTO for over-16s. This clause is bound to lead to the inappropriate imprisonment of children and young people, estimated at around 200 children and 2,000 adults per year. The term covers offences ranging from threat and injury to the far less serious one of possession. It is well known that many children and young people in particular carry knives out of fear and in the vain hope of protection, and not to threaten others with the knife—I do not know if it is in vain, but it is certainly done in hope. In fact, possession-related offences have been dropping in the past three years—by 34% for children—and courts already have the powers necessary to deal with repeat offenders. I agree with many others that the measures in this clause are not necessary, could well cause more trouble than they seek to prevent and should be deleted. I sincerely hope that the Minister will give this suggestion serious consideration.
Clauses 29 and 30 deal with secure colleges. This proposal appears dear to the Government’s heart and we are told that considerable work has already gone into the idea. They think it sounds like a good idea, but I agree with the many who think it is a disastrous idea. The plan is that over time these colleges will replace all YOIs, STCs and some secure children’s homes, with the exception of a few for some particularly needy children. The rationale is to cut the costs of detention, and provide a more holistic and educational environment for young people. That sounds good. However, a glance at even the rough detail that is available shows a scenario that is not good at all.
I have a particular interest in this area, as I founded a school for children with special needs about 15 years ago. It is going strong and, I am proud to say, changing lives. It is predicated on being small—with around 35 children aged from 12 to 18 and it will never get bigger—so that every child gets all the individual attention he or she needs. There is no division into houses and it is run as a whole. It is like a family where everyone knows everyone else and its core mantra is, “It’s brilliant to be you”. The children in my school have to learn that they are valuable and worth something. They come from a range of complicated backgrounds, some staying most of the time and others going home at weekends. As I said, we change children’s lives.
A 320-place secure college is, by definition, not going to work, because a small scale is vital. Also, a regime of mixed ages and sexes, with children with extreme challenges in large numbers—however well divided up—cannot meet such children’s needs properly and is an impossible mix. The proposed idea of rules that authorise the use of force to maintain “good order and discipline” is a terrifying thought and bound to fail as well, being contrary to any understanding of best practice among professionals in the field. Is all this also to be delivered on a cut-price budget? That is an insult to the intelligence of the people who might be persuaded to run such a place, who are unlikely to provide anything like appropriate care.
So far there is no evidence of how offending rates will be reduced in the proposed system, how the education and training will work in reality or what the qualifications of the staff might be. For this cohort of children there is consensus among experts that boys should be separated from girls, and older children from younger children. The children are typically the most fragile, vulnerable, frightened—however they might seem otherwise—and poorly educated children. They are needy in so many ways and require an enormous amount of individual attention, patience and support. A culture in which use of force is authorised to enforce good order and discipline is against the law, sets itself up to fail and is, above all, completely abhorrent. It is astonishing that the Government are giving the idea the time of day, let alone allowing it to be the subject of serious debate in Parliament.
This planned pathfinder college would be vast, with 320 places, and it is inevitable that children of all ages will get lost. They would cause greater trouble than ever and find it impossible to have their needs properly met. Given the breadth and depth of need these young children have, and given that the Government are apparently prepared to spend £85 million, let them open, say, five small specialist units around the country and give a few children real help near their own homes. Secure homes are a good model, and that would be money well spent. Otherwise, pathfinder colleges costing £85 million when the MoJ budget is being cut and youth offending teams and other valuable services are being squeezed, would be a grotesque and unacceptable way of squandering our money and doing nothing but harm to our most vulnerable children.
There is a lot of material in this Bill that I have not touched on, but thankfully there are many noble Lords present who will do so much more ably than I, and I have spoken long enough. We will, of course, revisit all these issues during the passage of the Bill, which concerns some of the most challenging and needy citizens in the land.
Transforming Rehabilitation: Mental Health
Baroness Linklater of Butterstone Excerpts(10 years, 7 months ago)
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Baroness Linklater of Butterstone
To ask Her Majesty’s Government what plans they have to include mental health treatment and support in contracts for the probation services as part of the new Transforming Rehabilitation programme.
The Minister of State, Ministry of Justice (Lord Faulks) (Con)
My Lords, our reforms will bring in the best of the private and voluntary sectors to work with offenders and reduce reoffending. Community rehabilitation companies will be contracted to work with low and medium-risk offenders in the community, and the National Probation Service will supervise high-risk offenders. Both will be required to deliver services for specific groups such as females and BME offenders, as well as those with mental health issues, to ensure that an offender’s treatment requirements are complied with, including in situations where a court order exists.
Baroness Linklater of Butterstone (LD)
I thank my noble friend for that reply. I am sure that he will be aware that currently four out of every 10 people who are being supported by the probation service are actively mentally ill: that is, 39%. This underlines the range of skills and knowledge that is required today from experienced members of the probation service in managing and properly meeting the needs of these clients. Therefore, will the Minister clarify whether the new organisations now bidding for probation service contracts are specifically expected by the Ministry of Justice to include and implement mental health provision across the board—because there are not specialisms to this extent within the probation service, as far as I know—and whether this requirement will be included in the proposals? How will the quality of the proposals of the new probation service contractors and the performance of the new providers be assessed?
Lord Faulks
My noble friend, and the House, may recall that the Government lodged with both Houses of Parliament a detailed draft services agreement, which included provisions that would apply to mentally ill offenders. Clause 3 of the agreement provides that the contractor shall monitor that the treatment provider prepares a full treatment plan with details of the specific mental health needs of each allocated person, with the timescale indicated to the court at the time of the sentence. Therefore, companies will be contractually obliged to do this. They will have an obligation under the Human Rights Act and under the Equality Act. My noble friend is of course right that the skills should be preserved in relation to mental health.
Offender Rehabilitation Bill [HL]
Baroness Linklater of Butterstone Excerpts(10 years, 9 months ago)
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Baroness Linklater of Butterstone (LD)
My Lords, I, too, will say a brief word in support and admiration of the probation service, with which I have worked for most of my professional life. I know how important that infrastructure has been, across the country, to the provision that has been given to people who have been at risk of, and have come out of, offending. It will still exist in a minute way, as 20% of the staff will be left to deal with the most challenging offenders. Thank God for that. The 80% who will no longer be part of this organisation will be reborn through the CRCs, which I hope will be able to do as constructive a job as has been done in the past.
This is a moment to recognise that we are seeing the passing of an organisation that has served this country well for the past 100 years, with a breadth and depth of experience that only time can give. I am sad about that and I want to pay tribute to the service that it has given. I hope that in the brave new world it will still have enough of a voice to allow it to serve us as well as it has in the past.
Lord McNally (LD)
My Lords, first I declare an interest as chairman designate of the Youth Justice Board.
I am breaking a promise that I made to myself not to intervene in MoJ legislation after leaving the Front Bench. However, I do so here because of unfinished business. When I spoke last, I warned the House that the amendment tabled by the noble Lord, Lord Ramsbotham, was defective, and so it proved to be. I also promised to keep the House fully informed about developments. I was mightily impressed by the amount of documentation that was provided in both Houses. I congratulate my successors Simon Hughes and the noble Lord, Lord Faulks, on the progress that has been made, as outlined in great detail by the noble Lord in his opening remarks. The truth is, as the noble Lord, Lord Faulks, said, there have been many hours of parliamentary debate on these matters, and the idea that somehow they have been smuggled past Parliament is plainly absurd. Hours of ministerial time have been afforded to the critics. The noble Lord, Lord Ramsbotham, acknowledged that in written submissions and meetings Ministers have been willing to discuss his concerns in detail.
I say to the noble Baroness, Lady Linklater, that it is not about our admiration or otherwise for the probation service. I am in awe of the work that probation officers do, and will continue to be so. However, we face a situation in which we could stay where we are, with the probation service as it is but probably facing increased pressures on expenditure and capacity to deliver—the same old same old—or we could embark on radical reforms that would release the resources to carry through proper reforms. The progress we have made is truly remarkable—30 bidders covering some 50 organisations, including 10 probation-based mutuals. This really is the dawn of a new era. I disagree with the noble Baroness; this is not the passing of the probation service.
I remember in the early part of this century following the debates about the probation service. What happened to it? It was turned into the poor relation of NOMS. In these reforms we are going to have a national probation service for the first time: the head of probation will have direct access to the Secretary of State, whereas NOMS does not even have a probation officer on its senior board. That is real progress for the probation service. We are going to have, as initiated by my noble friend Lord Marks, what I hope will become a chartered institute for probation, which will promote professional standards and best practices, not just in the National Probation Service but across the sector. As has been said several times—and each time everyone says how much they agree with it—we are going to have for the first time through-the-gate supervision and treatment for those sentenced to less than 12 months, a group populated mainly by young offenders and women offenders. That is another bonus.
I understand the concerns; it is very easy, when opposing things, to roll out the risks. We are dealing with a risk business. There are risks at the moment in the way in which we deal with very difficult, violent and vulnerable people but I do not believe that those risks are such that we should throw aside the opportunity radically to reform this sector to achieve the supervision we want for those with sentences of less than 12 months, which goes to the heart of reoffending.
It may be embarrassing to remember, but this legislation is being carried through under Labour’s 1997 Act. I followed the reports as the legislation went through: Labour carefully never guaranteed to the probation service that there would be no further reforms after 2010. I suspect that it was because Labour Ministers then realised that to open the door to reform of the under-12-months sector, get those crucial reforms and provide through-the-gate treatment, they also had to reform the probation system itself. That is why, when Labour proposed treatment for those with sentences of less than 12 months, the proposal had to be abandoned because it could not be afforded under the system at the time.
That is the reality. I have to say to the noble Lord, Lord Ramsbotham, that the delay that he wants offers no way forward. It would deliver an unreformed service exposed to further cuts with, as I said, no supervision for those with sentences of less than 12 months and no through-the-gate service.
The Government have put forward a package. Since the Second Reading of this Bill, I have presented it to this House as a package of probation reform where a whole range of voluntary and charitable organisations, as well as private sector providers, have brought forward these new ideas and initiatives into the sector to tackle reoffending and to promote rehabilitation. It is a reform of which I am proud. It is an honourable package offering protection for the staff and a chance to enhance the influence and professional standing of probation. It takes into account the protection of the public, and I have seen the testing of the various structures in that regard.
I agree entirely about the problem of government contracts but it is a problem that is not new to this Government or to the MoJ. A lot more work needs to be done and I believe it is already under way in the Cabinet Office, which is looking at upskilling public services to manage public contracts. However, that is not a reason for delay. These reforms open the door to new ideas, new methods and new technologies from the charitable, voluntary and private sectors, while preserving what is best in our probation service.
I will vote against the amendment proposed by the noble Lord, Lord Ramsbotham, and I will vote with the Government because I am willing to vote for the means as well as the ends. I urge all noble Lords who support those ends to join me in the Lobby today.
Prisons: Deaths of Young People
Baroness Linklater of Butterstone Excerpts(10 years, 10 months ago)
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Lord Faulks
My Lords, every single death in custody is investigated by means of an inquest by the Prisons and Probation Ombudsman and all lessons are shared. One of the purposes of the review is to go beyond the focus on individual circumstances, important though they are, to see whether lessons can be learnt from putting together all the individual facts which are derived from those investigations. I accept what the noble Lord says and, if there are specific aspects deriving from ethnic origins, I am sure that those will be taken into consideration.
Baroness Linklater of Butterstone (LD)
My Lords, for a child to commit suicide at all is a tragedy, but for a child to commit suicide while in custody is a catastrophe. Will the Minister ensure that professionals inside and outside the prison are required to share information and to look at the underlying issues as part of sentence planning for these children? This is not routine practice today. Will the Minister also ensure that much more specialist training is given to prison staff? These children are very disturbed, damaged and difficult, but also in deep distress. The Government must act on this intolerable situation instantly.
Lord Faulks
My Lords, the noble Baroness identifies a matter of great concern to the Government. Under-18s are considered in various ways, through the work of the Youth Justice Board and the NOMS review of the assessment, care in custody and teamwork process—the acronym ACCT will be familiar to the noble Baroness and to the House. However, we intend to learn from this review as applied to this age group.
I entirely accept that suicide in any circumstances is a tragedy. We are concerned to focus on the early days in custody, when young offenders are particularly vulnerable. All prisoners will receive an initial health screening within 24 hours of reception and there will be an initial assessment of their risk of self-harm. If the prisoner is identified as being at particular risk, the assessment will take place within 24 hours and governors must ensure that arrangements are in place for staff to monitor prisoner safety and well-being throughout the first night in the prison. It is right to say that there is a disproportionate occurrence of suicide during the early stages of custody, so the suicide prevention strategy will be specifically targeted at that stage.
Offender Rehabilitation Bill [HL]
Baroness Linklater of Butterstone Excerpts(11 years, 5 months ago)
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“(a) the offender was aged under 18 when the sentence was passed,”
Baroness Linklater of Butterstone
My Lords, Amendment 4 is in my name and those of my noble friends Lord Marks, Lady Hamwee and Lord Dholakia. I will also speak to Amendments 6 and 15, which have been grouped with it.
The purpose of this amendment is to exclude anyone aged under 18 on the day of sentencing from the new supervision period of one year by a new provider of probation services, even after they have turned 18 and before the detention period has come to an end. Currently, sentencing for under-18s includes a detention and training order which requires the young offender to serve half their sentence in custody and half in the community. Only those sentenced to at least two years on a DTO are required to do 12 months on supervision. However, the Government’s new proposals are that all those young people will be required to do 12 months on supervision, even if they have had only a six-month DTO and if they are over 18 at the end of the custodial period. Thus, they would be transferred from the YJB and YOTs to an unknown private provider, with all the demands and expectation of adults. That would run directly counter to current practice.
I must declare an interest in and an admiration for the work of the Youth Justice Board, whose work I have followed for many years and which is responsible for the administration of services for young people in trouble with the law. I am sure that your Lordships will not need persuading of its levels of experience, professionalism and skill, which have been developed and honed in working with this challenging and vulnerable group, particularly in the past few years. Most of us have been parents of adolescents but we cannot even guess at the breadth and depth of the difficulties that characterise the lives and problems of this group. They are young adults who, because of the date when they turn 18, are required to be transformed into people of whom the expectations become quite different.
In fact, all the evidence is that this exceptionally vulnerable group of young people have many issues, which we have rehearsed on these Benches regularly, and which consist of multiple deficits in their difficult lives. They need highly skilled, professional help if they are not to get into even deeper trouble and increasingly make the lives of the rest of us more difficult through reoffending. I will give just one statistic to illustrate the counterintuitive vulnerability of this group, which is that 18 to 20 year-olds account for about 9.8% of the custodial population but nearly 20% of all who self-harm. These are very vulnerable people. The YJB is the highly professional and specialist body whose expertise is widely acknowledged in dealing with this group, and for the range of collaborative work it does with other agencies where issues and needs overlap, including family and children’s services. It is impressive how these working partnerships have evolved over time to address the complexity of the difficulties of these young people.
As well as the range of offending, crucial to this age group in particular is the skill in dealing with issues of transition. This includes the process of moving from the youth justice system to the adult justice system at a stage in the life of these young people when they are particularly vulnerable. The YJB is quite clear when it says that this is a high-risk group with significant needs that requires skilled support from statutory agencies, in particular, from the probation service. The Government have clearly acknowledged that management of risk is where the probation service still has a clear role, and this group is characterised by high risk. Managing transition and managing risk go hand in hand, and I hope that the Minister can confirm that this area, which has not been properly clarified so far, will indeed continue to be choreographed jointly by the YJB, YOTs and probation, which would be in all our interests.
Evidence shows that where transitions are not appropriately managed, breach and reoffending follow. The converse is also true: when good, expert partnership working is in place, which is needs-led and flexible, especially at times of transition, the time of heightened risk, outcomes are better, breach is lessened and all of us are safer. The YJB is working towards transition before 18 is reached and then beyond. It plans, it works ahead and it knows what it is doing. It recently published an impressive youth-to-adult transitions framework, which I am sure would impress the Minister, and a youth-to-adult portal, which is used to transfer a young person’s information securely from a YOT to probation. Private providers are not legally able to work with under-18s, even if they had the skills and experience, and I reiterate that continuity and consistency are vital with this age group.
When we discussed this issue in Committee, the Minister undertook to take it away and consider the matter again. Given the enormous weight of evidence of the success of the current arrangements, which take account of all the evidence of the need for skill, experience and flexibility of partnership working which has now been established between professionals, I hope that he will feel able to give the House some reassurance that it will not be thrown away in favour of an untested and untried new idea.
Amendment 6 is a continuation of the argument I made earlier and relates to the arrangements to be made for the supervision of offenders who were under 18 when sentence was passed. It would mean that they would automatically be the responsibility of the local youth offending team until such time as they became 18, with the assumption hitherto that continuity is all-important and that the YOT’s work would be likely to continue. This amendment specifies that the supervisor could be either an officer of a provider of probation services or, for people sentenced as juveniles, a member of the youth offending team. I hope that this amendment will endear itself to the Minister because it opens up the possibility that there could and, indeed, should be room for discretion in the supervision of young adults. It implies some form of mutual discussion and planning between the YOTs and the new probation service providers for the future supervision of a young offender who has passed his 18th birthday. He is already known to the YOT, which has done all the relevant work to realise positive transitions in various relevant aspects of his life and for whom his life is entering a potentially challenging and difficult stage. Relationships are therefore all-important. This is an area that has had very little examination, but the long-held assumption has been that there will be as much continuity as possible, that plans will already be in place to be carried through and that important relationships will be established. It is to be hoped and expected that these issues will be recognised and discussed and that planning will be taken forward with the agreement of all parties. To do otherwise would be to create damaging rather than helpful planning for the young person. I am not aware of any discussion on this period of transition involving these two agencies, yet it will be crucial that the continuity of work with the young person, which has always been pursued hitherto, is acknowledged and discussed and the vital discretion of the youth offending teams is taken into account.
Lord Ahmad of Wimbledon
My Lords, I thank all noble Lords who have taken part in this debate, in particular my noble friend Lady Linklater for tabling her amendments.
Amendments 4, 6 and 15 all relate to the supervision of young adult offenders. The aim of Amendment 4 is to exempt offenders sentenced when they were under 18 from receiving top-up supervision, even if they were 18 or over when released from custody. Amendment 6 is, I understand, an alternative approach to Amendment 4, because it applies to those offenders who are under 18 when sentenced and requires that such offenders may be supervised by a member of the youth offending team. The last amendment in this group, Amendment 15, relates to offenders subject to detention and training orders—or DTOs—and, as I understand it, would apply top-up supervision to offenders if they were 18 or over at the halfway point in their sentence and they were under 21 on the last day of the supervision period.
At the outset, I should say that we believe there are a number of technical issues with these amendments, which I shall briefly highlight. However, like the noble Lord, Lord Ponsonby, I am generally sympathetic and understand totally the general thrust of the amendments as tabled. Amendment 4 would mean that an offender sentenced when under 18 years of age, regardless of sentence and regardless of their age on release, would not be subject to top-up supervision. Although not part of the amendment, this would in effect render Clauses 4 and 6 redundant, since they set out how offenders turning 18 during custodial sentences are supervised. In response to Amendment 4, I also stress that the Government believe that our commitment to provide 12 months’ supervision should apply to all those aged 18 and over when they reach the point when they would be released from custody.
We all recognise that offenders who have just turned 18 can have different needs from older adult offenders. The National Offender Management Service has been developing and translating the evidence base to support more effective targeting of interventions with young adults in custody. We want to work with providers to ensure that their needs are met as they move back into the community. When supervising young adult offenders who have just turned 18, we will expect providers to recognise this difference and tailor their supervision to the particular needs of the group—and, as my noble friend highlighted, they are particular needs. It is certainly in the interests of providers to do so, because this is an important and challenging group in terms of reoffending. To make a significant change in the levels of reoffending requires us to tackle this group and recognise the support they need as they transition into adulthood and adult services. Young adults are at the peak age for desistance from offending, and we want to ensure that they are given every opportunity to desist sooner.
I do not believe that supervision is a hindrance for young adult offenders. In fact, the Government see this as a real opportunity for real support for young adult offenders, not as something that they should be excluded from. As my noble friend acknowledged, at this age, young people as they transition to young adults are looking for greater levels of support. Therefore, the supervision element will surely assist them and provide an opportunity for that development. So I hope that my noble friend can reconsider and withdraw this amendment.
Amendment 6 offers an alternative approach. It also deals with the application of top-up supervision. In short, it is designed to ensure that any offender who was sentenced when under 18 and who is released aged 18 or over, so is subject to top-up supervision, must be supervised by a youth offending team—or YOT. I say this is an alternative approach because, if Amendment 4 were to be adopted, no offenders sentenced when they were under 18 would be subject to top-up supervision. That said, I understand the thinking behind this amendment. The fact is, however, that these offenders may under current arrangements be supervised by probation providers.
Under the current arrangements, when the offender’s behaviour is challenging or when there are additional offences yet to consider, it can be agreed that it is more appropriate for probation providers to supervise the offender on release rather than a YOT worker. This is a decision that happens every day between probation and YOT professionals, based on their professional expertise, taking account of the interests of the particular offender and their particular needs. My noble friend Lady Linklater and the noble Lords, Lord Ponsonby and Lord Ramsbotham, all referred to the importance of the professionals’ expertise and their particular needs. It is that professional expertise that we want to home in on. After all, who are we seeking to assist but the young person, in ensuring that their needs are met? We believe that this flexibility for dealing with young adult offenders on release should be retained, because it is likely to provide for the most effective ways to rehabilitate this crucial group. Put in a summarised form, it empowers professionals to make the best decision in the interests of the given individual.
Finally, in this group, I turn to Amendment 15, which relates to Clause 6. The clause deals with offenders serving detention and training orders who turn 18 before or at the halfway point of their sentence. The DTO is the main custodial sentence for under-18s. It is imposed for a fixed period of months, with the first half spent in custody and the second half under supervision in the community.
Just as an aside, while I have not been involved from the magistrates’ point of view, I have worked with such teams in the community and I have seen the practical benefits of the Youth Justice Board. In my own experience as a councillor, a community park was created down to the efforts of that particular team, and it was amazing what they went on to do in the community on their release.
Clause 6 provides for top-up supervision for offenders serving DTOs who turn 18 before they are released from the custodial part of their sentence. In this way, as with other adults on release, they will receive an overall period of 12 months of supervision in the community. I am not totally clear about the intended effect of this amendment, but it appears from what my noble friend has said to be an attempt to carve out a cohort of young adults who qualify for YOT supervision. As tabled, it applies top-up supervision to offenders who turn 18 at or before the halfway point of the DTO and would be under 21 on the last day of the supervision period. The additional requirement in this amendment, that the offender must be under 21 on the last day of the supervision period, is unnecessary because, even if an offender was sentenced on the day before their 18th birthday, given that the maximum period of a DTO is two years, it is inconceivable that any offender would be 21 or over at the end of the supervision period.
By removing and replacing proposed new Section 106B(1)(b) of the 2000 Act, the amendment would also remove the exclusion of those offenders sentenced to a 24-month DTO. That provision is important, because a 24-month DTO includes 12 months of supervision, so top-up supervision is unnecessary. As I said, I do not want to go into the technical details but, in short, the Government believe that it is important that those sentenced to the shorter DTO sentences who are 18 at the halfway point should receive an overall period of 12 months of supervision in the community as we are providing for other adult offenders. I stress again that it is the same period of supervision, but it need not be the same type of supervision. That is why we have flexibility in regard to tailoring services to young adult offenders. I acknowledge the fact that there is no one-size-fits-all approach in this way of dealing with young offenders.
I shall pick up on a couple of points that were raised during the debate. My noble friend Lady Linklater talked about delivering top-up supervision for those sentenced as juveniles who are turning 18. Arrangements for supervision of young offenders on release from a DTO are flexible, as I have already said, which allows for local agreement as to the most appropriate provider of supervision. I assure her that it will be tailored to the individual circumstances of the offender, their age and the risk of reoffending—a point well made by the noble Lord, Lord Ponsonby. The Bill provides for supervision top-up to be delivered by either the YOT or probation providers.
My noble friend also referred to the issue around transition, which was a very important point. I assure her that the Ministry of Justice, NOMS and the Youth Justice Board recognise that transition between youth and adult services is a potential point of vulnerability for young people. Indeed, we all acknowledge that. The MoJ, the Youth Justice Board and NOMS are already working closely together to help improve support for young people who are transferring between the youth and adult justice systems. For example, in September 2012 the YJB and NOMS respectively launched the transitions framework, to provide guidance for providers working with young people in the community, and the transitions protocol, to guide those working as custodial practitioners. Those promote better practice and aim to improve information sharing. NOMS and the YJB have already invested over £4.1 million in the development of the youth-to-adult portal, to improve the quality and quantity of information transferred between youth offending teams and the probation services. We are now looking to see how this service may be extended for use with other providers.
We all agree that this is a crucial group, with particular needs that need particular attention. I associate myself entirely with the sentiments of my noble friend and those of the noble Lord, Lord Ponsonby. We do need to tackle those needs directly, but it is our view that the Bill gives us the opportunity to do that, and to achieve exactly what we seek. I therefore hope that my noble friend is reassured, that she recognises the Government’s commitment to that group, and that she feels able to withdraw her amendment.
Baroness Linklater of Butterstone
I thank my noble friend for that comprehensive reply—and for pointing out the technical hitches. However, the message that we have been given about flexibility is much more important. It is important that inexperienced and new probation providers are not brought into this scene. Transition is, of course, fantastically important, as is professional expertise. Part of my theme was that the combination of partnership working between various professionals in the field—the YJB, the YOTs and the probation service, and also other services working with families in the community—has been developing, and makes a tremendous difference to the life chances of those young people. If that is combined with flexibility, it will work in everybody’s interests.
The YJB is particularly keen for families to be more involved, even when their offspring have reached the age of 18. We all know that, even if it is not apparent, such young people are often very immature and in need of family support—when it is there, of course; very often it is not.
In general, the landscape is enlarging with partnership working, which is becoming very constructive, and will be even more so if we can be sure that this very vulnerable group, which hitherto has not been entitled to any kind of supervisory help, will have it in a properly tailored and managed way. Bearing all that in mind, I beg leave to withdraw the amendment.
Offender Rehabilitation Bill [HL]
Baroness Linklater of Butterstone Excerpts(11 years, 6 months ago)
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Baroness Hamwee
My Lords, my noble friend Lord Marks spoke on the needs and importance of specific services for women. I hesitate to follow the noble Baroness because I cannot be nearly as powerful as she was, but I cannot keep silent either. I spoke on the issue on the previous day in Committee. I appreciate that this is a different amendment that addresses a different matter from those that we have looked at before. On short sentences and a period of supervision, I want to make one specific point before I come to the more general. Unless the supervision requirements are appropriate, for all the reasons that we have talked about, the likelihood of a breach of the requirements by the offender must be higher, and that will mean that she is back in custody. That is exactly what we want to avoid.
I know how strongly my noble friend Lord McNally feels about this, and I know that we are going to hear that work is under way, led by his colleague, Helen Grant. However, I will make one point and ask one question. My point is that a marker of some sort should be put down that shows the importance with which this House regards this issue—like the noble Baroness, one finds it difficult to find the words, but they are not specialist services, because they are not an add-on; they are a different group and they need different services. Furthermore, the marker should acknowledge the importance with which this issue is regarded outside this House by, I think, everyone in the offender management penal reform field to whom I have spoken.
My question to my noble friend, who is probably at least as frustrated as I am, is what amendment, if this is not accepted, would put down that marker, get past the Treasury, if that is where the problem is, and not restrict the progress of work done in the MoJ but enable us to make the point? Many noble Lords have put down a string of amendments. If none of those is going to get a tick from the Minister, can he help us—I know that he is on side—by suggesting what would take the matter forward at this stage?
Baroness Linklater of Butterstone
My Lords, I, too, cannot remain silent. I am so glad that we are privileged to have the noble Baroness, Lady Corston, to add her voice to this debate. The crucial thing is that we have not managed to listen hard enough before. There is no question that women are different from men. They are not just differently shaped; they have particular needs and they are absolutely specific. We have known this for years. It is possibly boring but quite graphic to look at just a few of the facts and figures. Women serve very short sentences on the whole, with 58% serving six months or less and many only four months, or a matter of weeks. The sentences are for non-violent offences; we do not need to be protected from these women. Some 81% are for shoplifting, and we know that most shoplifting is for food for their children or for drugs. About 60% of the women, in fact, are drug users.
The final thing, which the noble Baroness, Lady Corston, also mentioned, is that the collateral damage of the imprisonment of women is absolutely unquantifiable. If more than 17,000 children a year experience and suffer separation from their mothers, that damage does not really take a lot of imagination to assess. Some terribly graphic reports have been published. For many children, to be separated in this way from their parents is like a bereavement: in their eyes, their mothers have died. This is a terrible thing to have to experience, but this is what we are doing to this primarily non-violent, very vulnerable, group of people from whom we do not need to be protected.
The centres, which we have models for, do exist and it would not be difficult for the Government to develop them along those lines. Several years ago now, when I chaired the Rethinking Crime and Punishment initiative, we funded the Fawcett Society, which issued an important report, before even the noble Baroness, Lady Corston, saying that we should make this specialist provision. We now have one or two important Together Women groups, and a total in this country of about 55 groups altogether, which is not very many. We have the 218 service in Glasgow and the Willow partnership, which we are very proud of, but they are a drop in the ocean compared with the needs of these women. I have been to a women’s centre recently and not only were the women telling me how much their lives were being changed but there were people at the centre who had been users and were now coming back to support other people who were going through the same terrible experience.
The facts and the figures, as well as this kind of affective argument, seem irresistible. I hope that when this amendment talks about the particular needs of women that the Government will have ears to hear and will take this forward immediately.
Lord Beecham
My Lords, my noble friend Lady Corston, to whom tribute has been paid again today—as it is regularly, and rightly, when these matters come up—has spoken with her customary passion about the problem which her report so significantly addressed. The implementation of her report has, alas, as yet not gone far enough by any means. The Committee will, I am sure, agree completely with the thrust of her powerful argument this evening. I certainly support the amendment moved by the noble and learned Lord, to which other noble Lords have spoken.
It should not be necessary, but it still clearly is, to remind your Lordships’ House, and indeed others, of the impact of the present system on women offenders, particularly those who end up in custody. There is a shockingly high rate of suicide and self-harm for those in custody; it is much more significant than it is among male offenders. We are in essence discussing those who perhaps will be in custody for a short time, but even short-term prisoners will be subject to the temptation of self-harm, and that will apply, particularly again, to women. It is important that we look at this issue for a discrete group and take the sort of measures that deal properly with their problems. Although we are concerned today with the provisions of this Bill, that will need to be at various levels of the justice system. I hope we will have a sympathetic and practical response from the noble Lord when he replies.
I take this opportunity to refer again to resettlement prisons and women, because there is an issue here that that was mentioned on the last occasion in Committee and needs stressing: the proposal, which is welcome in principle, for resettlement prisons for those in custody who will be returned to the community to be nearer the place to which they will return. I pointed out that there are only 13 women’s prisons in this country and that there might well be a problem with housing women in a women’s institution close to where they live. It is a significant issue and a concern to organisations involved with this issue. It would be wrong to house women in an essentially male establishment simply because that happens to be nearer and there is no women’s institution in the appropriate geographical area. In fairness, in replying, the Minister did say:
“it is very important that we make the best use of the existing provision for women offenders in the prison estate, both taking account of its size and the geographical spread. We will be consulting with both providers and stakeholders to design the most suitable resettlement arrangements”.—[Official Report, 5/6/13; col. 1270.]
It is only a week since the noble Lord addressed the issue, and we are not expecting a result now, but an indication of the timescale for the consultation and who will be consulted would be welcome and would help to allay concerns about this issue. I hope we can get a sympathetic response.
Offender Rehabilitation Bill [HL]
Baroness Linklater of Butterstone Excerpts(11 years, 6 months ago)
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“Provision of services for voluntary rehabilitation of prisoners
The Secretary of State may make contractual or other arrangements with any other person for the provision of services for the voluntary rehabilitation of prisoners serving sentences which are for terms of less than 12 months.”
Baroness Linklater of Butterstone
My amendment is for a proposed new clause to the Bill. The Minister will be aware of the generally very warm welcome expressed for the Government’s move to include rehabilitative support for offenders in the community who have served short sentences. This group of prisoners has hitherto had no supervision. These sentences may range from a few days to less than 12 months, for which no support has been available. Support is desirable and very necessary, as this group of ex-offenders has, as the Minister said, the highest reoffending rates: rates that are greater than for almost any other group in the prison system.
The issue is how the support is best to be delivered. What is practical, desirable and most likely to succeed with this particular group of offenders is what matters. The typical profile of such people is that they have chaotic lives, often have drug, alcohol or mental health issues, have poor or virtually no education after the age of 14 and were probably jobless before coming into prison. Everything else being equal, they would probably have been better served with a community sentence, although I accept that is for another debate. They will not be a danger to society and are in need of basic support to help turn their lives around. Their prison experience will have done nothing to prepare them for a law-abiding life because it is not required to do so. Typically, these people will sleep their way through their sentence.
It is important that what is offered to them on release is relevant, proportionate and, above all, flexible if it is to succeed. It requires skill on the part of the mentor or deliverer of probation services, and flexibility is the key. If it is tailored to the individual needs of the ex-prisoner, it will have a chance of success. However, if there is an additional statutory fixed period of one year’s supervision as well as the licence period, it will be perceived as disproportionate and unfair, and the risk of breach and recall to custody becomes very real. It would be a terrible irony if a provision that is intended to turn people’s lives around were to produce a rise in the prison population, which is something we want to avoid and completely negates the power and potential that the supervisory period offers. An extreme example to prove—in the sense of “to demonstrate”—this rule could be that someone given a few days in custody for, say, a road traffic offence could then find himself with an additional statutory 12 months’ supervision in the community, which is way out of kilter with the nature of the offence. If he defaults and is recalled to prison for 14 days, that would be much longer than the original sentence.
Instead, the Government should follow the example of successful mentoring schemes that already exist around the country, such as the pilot in Peterborough that I have visited, where the scheme is voluntary and service providers can exercise their own discretion in the management of the offender. Custody is a very last resort. These mentoring schemes are delivering very promising results, and I hope that the Government will look closely at what they are doing because I believe they show the way forward, which is an improvement on the rigid year’s supervision currently proposed. Rigid rules of one year’s supervision might have a simple appeal, but what matters is what works, given the nature of the offences and the needs of the offenders, and here we have an example of what works. This means that we do not have to try to reinvent the wheel.
Desistence—a favourite word of criminologists, which just means stopping reoffending, which is the subject of a great deal of research, debate and everything else—will occur only if the individual wants to stop offending, and the risk of breach is always high with this group. Already, 6% are in prison for breach following the lengthening of licence periods. A voluntary relationship based on trust is what will succeed with this very low-level group rather than long, fixed periods of supervision, however well intentioned.
My second, probing, amendment relates to juvenile and young adult offenders and their post-release supervision. The Minister will be aware that there is real concern among the key agencies that work with this group of offenders, notably the Youth Justice Board, that those who are under 18 when they start a sentence set by the youth court should continue to be managed under the auspices of the YJB until they have completed their sentence. This means that the YOTs—youth offending teams—continue with the management of the young offenders rather than transferring them to different, adult supervision by the new probation providers.
Adolescence and the transition to adulthood is well known for being testing both for young people and those responsible for their management. We have all been through it, and I for one am grateful that I will never have to go through being a teenager again. Life can be particularly difficult for young people who are in trouble with the law, and it is not rocket science to understand that it requires people with particular skills and experience to deal with those issues. The YJB is the pre-eminent body to oversee their arrangements. Many noble Lords will remember the battle that we had to explain the YJB’s role exactly and to protect it from going on to the bonfire of the quangos, precisely because its work is so valuable and of such a high quality.
While the YJB is the pre-eminent body to oversee the arrangements, the youth offending teams are the professionals on the ground to manage them. I therefore seek assurance from the Minister that the YOTs will be able to continue working with these young offenders until they are 21 if necessary, thereby not breaking off the crucial work that is being done with them. Account has to be taken of different levels of maturity, and it is a well-established principle in our justice system that people sentenced for offences committed as juveniles should not be subject to the same expectations and demands as adult offenders. The evidence of the excellent work of the T2A—transition to adulthood—programmes has shown that a young adult’s developmental maturity is at least as important as chronological age and that variations might be directly related to offending and the ability to comply with statutory requirements such as community sentences or licence conditions. This is supported by work commissioned by the Barrow Cadbury Trust at Birmingham University.
Impressively, the Sentencing Council and the CPS have produced some guidelines on the relevance of maturity in sentencing young people, and this has recently been extended to adults. The best practice in the area has been developed by the CPS, the Sentencing Council, HM Inspectorate of Probation, the probation service, the Riots Communities and Victims Panel and the YJB. This is surely a very powerful background to the approach of working with young people in this position. It is important, therefore, that the Government clarify that the probation service’s responsibilities under the Crime and Disorder Act will indeed continue for the management of this group, who can rightly be regarded as high risk.
I am pressing these questions because there is concern that children who turn 18 while in custody may still be treated as adults in terms of the length and type of support on release. Hence my secondary amendments, which I hope I can include at this moment because they are relevant, to delete Clauses 4 and 6, which come a little later on in the list. I would welcome clarity on this from the Minister. It is not clear whether this group will indeed still be regarded as young people for the purposes of their management. If not, how will it work? Will any discretion exist as to who will continue the supervision? If so, who will make that decision? This is very important, as it is well known that the levels of support and supervision drop dramatically in the adult system, so transitional arrangements and communication between agencies will always be critical.
Ultimately, we all want the best appropriate management of this challenging group. I am sure that all of us share in this wholeheartedly. This means that if they are able to desist, which means taking personal responsibility, their offending will drop. I look forward to the Minister’s reply and beg to move.
Lord McNally
That is one of the things that I want to think about. I hope that the two bodies concerned would make a practical decision about the needs of the individual, but as the noble Lord, Lord Beecham, said, if that was not available, who would be the judge? Would that have to go back to court? I will think about that, and if there is a gap we will fill it.
Baroness Linklater of Butterstone
I thank my noble friend the Minister for his very thoughtful and detailed response. I am particularly grateful to hear him say, as I understand it, that there will be real flexibility based on the needs of the young people and on whether they can actually continue with the YJB, YOTs and others while they serve out their time, as it were. That is a very welcome thing to have heard.
However, I must also say that while the Minister talks about flexibility within it, the year’s supervision is a fixed time. I have heard him say it. To have the long arm of the law wound around you for a year is a very long time for a minor offence. I was arguing essentially for flexibility there, not rigidity.
I also thank the other noble Lords who contributed. I thank the noble Lord, Lord Beecham, for asking my question again, which is a very important question to hear the answer to, and the noble Lords, Lord Ponsonby and Lord Ramsbotham, and the noble Baroness, Lady Howe, for their very helpful remarks.
I will, of course, now think about everything that I have heard and everything that has been said before we come to Report. In the mean time, I beg leave to withdraw my amendment.
Lord Woolf
My Lords, this is an important amendment, apart from the fact that we have to consider whether the Title of the Bill needs amending. I strongly support the very wise words of the noble Lords, Lord Bradley and Lord Ramsbotham, in support of the amendment. One of the most important tasks of a court is giving explanations to offenders to make sure that those who are subject to the orders of the state understand the requirements that are placed on them. If that is the responsibility of a court and of judges, it must surely also be the responsibility of a supervisor under this Bill. I like to think that we have all had a stage in life when, until it could proved that we had done something wrong, we were innocent of having done so. If that is right, “rehabilitation” is a pretty good word to cover what is being sought to be done. I rejoiced when I saw the Title of the Bill and knew that focus was, at last, being placed on an extremely important task of the criminal justice system: to protect the public by preventing people offending again. I emphasise the word “again”.
I hope that in due course the Minister will, following the powerful arguments advanced by others, look on this proposal with considerable sympathy. I should, like the noble Lord, Lord Bradley, disclose an interest: I am also involved with the Prison Reform Trust—not as a valuable member, as is true of the noble Lord, but as its chairman. I make that disclosure in relation to subsequent amendments that shall be advanced today.
Baroness Linklater of Butterstone
Perhaps I may add to the debate that the clutch of noble and noble and learned Lords started. Rehabilitation may indeed be one objective, but it may also be of interest that Rule 1 of the Prison Rules states that the people who are in such care should lead “good and useful” lives.
Offender Rehabilitation Bill [HL]
Baroness Linklater of Butterstone Excerpts(11 years, 7 months ago)
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Baroness Linklater of Butterstone
My Lords, we return once more to the question of how we should be more effectively managing offenders in our society; an issue which is rather like the holy grail, so seductive yet elusive. We now have a new Minister at the MoJ, who is bringing to bear his own perspective and his own solutions to the challenges of the criminal justice world coming, as he does, from the world of business. We have seen, in particular, the initiation of payment by results, where financial incentives are being introduced as a means of encouraging service providers to step up their efforts to change offending behaviour through financial reward. Starting in Peterborough, which I have indeed visited, and Doncaster prisons, they have been regarded as pilots to this new approach, which is still in its relatively early days. Now, fired by the idea but ahead of fully-tested results, we are seeing the proposed extension to the management of a particular group of low-level, persistent offenders. This has significant implications for the probation service, the range of voluntary agencies in the field of offender management, the private sector—which has been growing like Topsy in the past few years—and, of course, the offenders themselves.
It is important to start with the current context; the number of people being sentenced to prison is dropping and last year there was a 5% decrease on the year before. Recorded levels of crime are at their lowest for 30 years, and youth crime is down 47% since 2001, thanks to the YJB. Surprisingly, the prison population itself fell in the last 12 months for the first time since 1999. However, the group that gives the greatest cause for concern consists of those relatively minor offenders, who are serving a year or less of whom at least 57% will reoffend—the figure goes up, the younger the offender. This is more than 50,000 people annually, as we have heard, so it is a huge problem which costs us all billions and which the Government are now attempting to address.
The focus of this Bill is on the 50,000 to 60,000 persistent, low level offenders who are serving anything from a few weeks to a year in prison and who currently have no automatic statutory follow-up support in the community and usually precious little during their time in prison. This is the most intractable group in the system and the Government’s aim to provide for them with a year’s statutory supervision and help, targeted to their needs, is potentially very important and welcome. This is, typically, a very vulnerable and challenging group with a range of coexisting difficulties, including drug and alcohol addictions, learning difficulties, mental health problems and generally chaotic lives. Again, this has been alluded to. Most have had no education past the age of 14, are unemployed, homeless and all are in need of help to turn their lives around if they are not to end up in prison again and again as they currently do. The benefit of individual support is not only the guidance it can give and the connections made but, ideally, the experience of a positive, personal relationship which is precious. The Government are to be congratulated on recognising and addressing this. This has the potential for changing lives if it is properly done. However, as anyone in the business, as I have been for years, knows, desistance cannot be imposed—prisoners must want to change.
The Bill raises as many questions as it answers, because the practicalities of catering for 50,000 to 60,000 additional offenders are huge and complex. How it is to be administered, by whom and with what skills or supervision, and at what cost, are left entirely unclear. There is no reference to what provision already exists across the country which could be built on and where there are already signs of success. Who are the skilled providers needed for such a task with such a large and challenging group? How many are available and how geographically spread are they? How will the Prison Service manage the reorganisation of about 70 prisons into “resettlement prisons”? Above all, once again, the question has been asked: at what cost?
The Government have said that there is no new money. It is expected that the private sector, and possibly the voluntary sector, will be in charge of the bidding for contracts, but how they will deliver such a service nationwide and how the need for budgetary arrangements for essential cross-departmental working at both national and local level will be choreographed are not clear. As we have already heard quoted, the Government’s impact assessment simply says that,
“we expect there to be significant downward pressure on costs from competing the delivery of rehabilitation services … This has the potential to cut prison and probation costs, reduce court backlogs and allow for savings on legal aid provision”—
ambitious, but—
“we have not quantified these benefits as we cannot predict the success rate of the providers”.
So it is an act of faith aimed at an end that we all seek but with means that we are yet to discover. I ask my noble friend the Minister to elaborate on the expectation of costs, without which I do not believe that this House could agree to these proposals.
One likely outcome, which is of widespread concern to many who already work in the field, is that of breach. With more than 50,000 to 60,000 people caught up in the criminal justice system through supervision for a statutory year, particularly for relatively minor crimes, this could have unintended costs. The experience with custody plus in 2003, already mentioned by my noble and learned friend and hero Lord Woolf, demonstrated that and was then scrapped as a result—it was a parallel scheme and was simply going to be too expensive. The very nature of this group’s needs means that the likelihood of breach is high, and already 6% of all prisoners are in prison for breach of licence conditions due to the lengthening of licence periods. Tailored, targeted and flexible supervision arrangements are therefore vital.
Moreover, young offenders, who are as adolescents particularly vulnerable to problems of transitions of all kinds, will find that, once they turn 18, they come into the Government’s new world of supervision, causing change and disruption at a difficult time in their lives. Currently, continuity of YOT supervision past 18 is routinely maintained to ensure continuity. The YJB and many others working with young people are very concerned that, without flexibility, including in the length of supervision, there is an increased risk of breach with this group, with all the costly, associated results of recall, courts, possible prison and general upheaval.
Can the Minister clarify the Government’s plans for the handling of the transfer of supervision to a new probation/private provider for this group? The YJB has responsibility for under-18s, and its work and skills are outstandingly successful. It has made it quite clear that the transfer, whenever it occurs, should be managed by public sector probation. It should be listened to as an expert on whom the Government rely. What are the Government’s plans for the handing of the transfer to a new probation/private provider and what scope is there for flexibility for this particular group?
Another element of concern is that young offenders who turn 18 before release will be treated for the purposes of their supervision as adults, with the same expectations and demands. This is contrary to accepted practice by the YJB that young people should not be managed as adults. Transition to adulthood does not have a neat cut-off point, and each young person’s development and maturity must always be the governing issue. The T2A pilots in three areas are examples of support tailored to these young people, both as part of community sentences and after release. NOMS and the Sentencing Council have recognised that this group needs properly tailored arrangements. It is a highly skilled and sensitive area and a particularly relevant one here, as these young people represent a significant proportion of the group as a whole. This in turn includes the issue of breach and how it is to be managed, which can have crucial implications for how young people in particular are managed. I hope that my noble friend the Minister can clarify why there is no reference to this in the legislation and little provision to ensure that custody will be used only as a last resort for breach. Otherwise, I fear that positive, constructive work risks being undone.
All the evidence shows that community orders are the best option for low-level crime. It reduces reoffending by 8% to 12 % and costs one-tenth of a year in prison. The Government are right to say that supervision and support are needed for virtually all the low-level offending that we are discussing. Even one short prison experience significantly undermines the chances of a person going straight and increases the likelihood of reoffending. The Government are absolutely right to say that supervision and support in the community are what work for this low-level offending—support which is flexible and tailored to need but which should not be used as an adjunct to prison.
This is precisely the work that the probation service has been doing for the past 100 years or so. It continues to offer supervision as successfully as any other provider for this group of offenders. I declare an interest as a patron of the probation trusts, along with my hero, my noble and learned friend Lord Woolf. The probation service has the skill, experience and knowledge, accumulated over its history, as well as a demonstrable willingness to work with the Government in taking forward their plans and cross-sectorally with a whole range of other providers, including the private sector—or “probation providers”, as they are to be called. There is a structure and a presence all over the country, so no set-up costs are required. The fact that the present Government plan to leave it with the role of working with the most difficult, high-risk offenders demonstrates a recognition of its skills and that it is a very safe pair of hands.
My concern is twofold. First, if this experience, skill and knowledge—which are not gained overnight—relating to this lower-level offending group are to be organised exclusively by the private sector, they are lost to this group. Secondly, the continuity of offender supervision would be fractured, particularly with the probation service taking the high-end offenders, because assessment of risk is not a static concept, and public protection will become a real concern.
The other responsibility that remains with the probation service is the management of potential or actual breach. In Transforming Rehabilitation, the Government state on page 23,
“the public sector will decide on action in relation to all potential breaches beyond a first warning, and will advise the courts or Secretary of State on sanctions or recall to custody”.
They go on to say that this is to be sure to avoid,
“the potential for perverse incentives for providers in breach decisions”,
and,
“will mitigate any risk that commercial interests play a part in contracted providers’ decisions on whether to instigate breach or recall proceedings”.
This is to acknowledge the possibility that “commercial interests” risk influencing or affecting decisions by private providers on the service or advice that they give and that the financial self-interest of a provider could influence the future of a vulnerable person on possible recall or breach proceedings. Meanwhile, it trusts the probation service to be properly accountable to the court. In the light of this, I ask the Minister to look again at this fundamental issue, which could undermine the basis on which plans for private providers are being presented. It questions the accountability of private providers for the delivery of community orders, which is highlighted here by the issues of breach and recall. Does it not also apply to the other services that they provide? I look forward to my noble friend’s reply.
The Government really do not need to reinvent the wheel. What is needed now is continuity, consistency and co-operation between all the professional agencies, which share an unqualified commitment to the reduction of reoffending that should be harnessed to deliver the outcomes that we all seek.