Probation Services

Lord Marks of Henley-on-Thames Excerpts

Monday 15th June 2020 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab) [V]]

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

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

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

The key to reducing reoffending for a very large proportion of offenders is the same today as it has always been—namely, stable housing, work or education opportunities and stable personal relationships. Very often, those three elements need to be fulfilled to encourage people not to offend. You need a network of services for the probation service to work constructively and to reduce reoffending.

The trade unions—that is, the National Association of Probation Officers and UNISON—have been at the forefront of leading the opposition to the 2015 reforms. As noble Lords will know, there has been industrial action and a judicial review. It is clearly the trade unions’ role to protect the interests of their members. What can the Minister say about encouraging the probation staff who are currently in the private sector to continue their work and enhance their training when they move to the new unified model? There is an opportunity here to properly recognise the work of all probation staff and to give them the career opportunities and training that they deserve. I urge the Government to seize this opportunity.

The Government might want to say that these reforms are due to coronavirus, but we all know that the problems go much deeper than that. As my right honourable friend David Lammy said in the other place when responding to this Statement,

“probation is founded on the idea of second chances”.—[Official Report, Commons, 11/6/20; col. 428.]

As he also said, we want to give the Government a second chance. Therefore, I support this reform and I hope that the Government succeed in their original objective of reducing reoffending, but they can do that only by properly supporting the probation service.

[Lord Marks of Henley-on-Thames (LD) [V]]

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

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

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

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

Sadly, today’s Statement sucks the life out of many of those proposals. The noble and learned Lord has suggested that that is all because of the disruption caused by Covid-19. No one wants to downplay that, but will he explain how the coronavirus crisis demands this retrograde structural retreat? How do the Government think that bringing delivery of all unpaid work and behavioural programmes back within the National Probation Service will work? Dame Glenys’s successor as Chief Inspector of Probation, Justin Russell, has constantly pointed out how understaffed the service is. Now, he has had to stall recruitment, and that has been as a result of the coronavirus crisis.

We all know that morale among probation officers, as their union leaders remind us, is at an all-time low because officers are overloaded with work and have no time to give a proper service. Will the Minister please explain how the Government intend to maintain the present level of service, let alone improve it, by abandoning the commitment to bring in probation delivery partners? Contracts worth £100 million, organised and run by the National Probation Service for the voluntary sector and others, will hardly provide the innovative and morale-boosting changes that probation delivery partners were going to inject into the process. Can the noble and learned Lord explain how much autonomy organisations from within the voluntary and private sectors will have in delivering services under today’s proposals? Will he say how much money these new proposals will save?

Finally, does the Minister share my concern that this change of plan is not really about responding to the coronavirus crisis, nor about improving rehabilitation, but more about delivering on the Government’s commitment to make community sentences tougher and to punish offenders more firmly, just as his letter to me stated?

[Lord Keen of Elie [V]]

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

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

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

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

On funding, for the 2019 spending round, we have already increased the annual funding for probation by some £155 million above the current spending levels. There is, of course, a case for maintaining that increase.

While I understand that some would regard this as a move away from the existing model, I suggest that it is a proper development of the model and of the way in which we set out the proposals for dealing with CRCs going forward. We believe that the voluntary and charitable sector will continue to have a major part to play in the delivery of probation services.