Private Probation Services

David Drew Excerpts

Tuesday 27th February 2018 Westminster Hall

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I beg to move,

That this House has considered private probation services.

It is a pleasure to serve under your chairmanship, Ms McDonagh. I am delighted to have secured this debate on the role of private probation services in our justice system, an extremely important topic that I have wanted to raise for some time, particularly in the light of the reported failings of community rehabilitation companies in the probation system. The Select Committee on Justice, of which I am a member, is discussing the future of rehabilitation this morning, but the complexities of the parliamentary timetable have meant that I am here instead.

The current situation stems from the splitting of probation services into two parts in the coalition Government’s attempt to transform rehabilitation. Given the issues that I will address in my speech and the problems created by the implementation of the Offender Rehabilitation Act 2014 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012, it is fair to say that justice policies have regressed since 2010. Probation services are now split between the national probation service, which is public and deals with high-risk offenders, and the outsourced, private community rehabilitation companies, which work with medium and low-risk offenders. The 21 CRCs were divided geographically and opened up to bids from the private sector and the third sector. Originally, 800 organisations—half from the voluntary sector—expressed an interest, but only one CRC is currently run by an organisation outside the private sector.

The primary objectives of the 2013 “Transforming Rehabilitation” initiative were to reform the system and reduce reoffending overall, partly with a Through the Gate method of enhanced rehabilitation that aims to provide prisoners with support and help in their resettlement as they make their transition back into civilian life. A prisoner in the transition stage at the end of their sentence usually requires assistance with accommodation, financial support and employment. However, as I will describe later, the original objectives are yet to be met. The reality is that the toxic privatisation of probation services has meant that CRCs continue to fail the people they were set up to help.

At the time of the reforms, Ian Lawrence, the general secretary of Napo, warned about organisational difficulties, cost and impact on communities and public safety. Furthermore, a leaked Ministry of Justice memo about the reforms said that there was a risk of

“an unacceptable drop in operational performance”

during the programme, which might lead to

“delivery failures and reputational damage”.

Those concerns were well founded. Since Her Majesty’s inspectorate of probation began inspecting CRCs in summer 2016, it has found the majority to be operating below expectations. By the end of June 2017, CRCs had met an average of just eight of the 24 targets set under their contracts, and the worst-performing CRC met only four. If CRCs are incapable of reaching basic objectives, it casts great doubt on the ability of the whole exercise ever to reach the aims set out in the 2013 “Transforming Rehabilitation” consultation.

[Dr David Drew (Stroud) (Lab/Co-op)]

Our CRC in Gloucestershire, BGSW—Bristol, Gloucestershire, Somerset and Wiltshire—is owned by a European finance bank. It has had a number of poor reports, yet it seems to just carry on getting in the way of the voluntary sector, which does genuinely good work with ex-offenders. Does my hon. Friend agree that it is completely crazy that BGSW is allowed to continue?

[Ellie Reeves]

I agree that there are companies with little accountability, in which good work is not carried out and offenders are not properly managed. Often contact is made by telephone and probation officers do not contact offenders for months on end. I will address those points in more detail later, but I agree that the situation is unacceptable.

Probation is turning into a tick-box exercise, but it is not a profession that should be driven by targets; it requires a well-rounded approach centred on individuals and their needs, not—as we see all too often—on offenders’ ability to provide profits to the CRC. In October 2016 and June 2017, joint inspections by Her Majesty’s inspectorates of probation and of prisons led to reports on Through the Gate resettlement services for short-term prisoners and for those serving 12 months or more. The picture was described as “bleak”, with inspectors noting that CRCs are making little difference to prisoners’ prospects on release. The latest annual report from Her Majesty’s chief inspector of prisons states that

“too many prisoners continued to receive a poor resettlement service”,

that resettlement services provided to prisoners before and on release were generally poor, and that they made little, if any, difference to the life chances of those who received them.

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[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. I apologise to the hon. Member for Darlington (Jenny Chapman), who I thought would have been called before me. We will hear her comments later on.

We do not have private probation services in Northern Ireland, but I have been sent some information and I want to add constructively to the debate if I can. I will focus on the individuals and how they can be rehabilitated in prison, as well as the family units. It is important that we focus on the effects on all the people.

I thank the hon. Member for Lewisham West and Penge (Ellie Reeves) for securing this debate and for setting the scene so well, as she always does. The issue does not directly affect Northern Ireland, yet there are lessons to be learned for all the regions of the United Kingdom of Great Britain and Northern Ireland. We have a prison system groaning under the weight of the pressures on it. We have a judicial system that is extremely aware that it can imprison only if it is essential, because there is no room. We have a probation system that is still failing to rehabilitate prisoners, to the detriment of every member of society. I am not here to point the finger at the Department or the Minister. That is not my form; but neither is it my form to ignore issues that have been raised. That is why we are all here today, and Members have put forward pertinent points in their contributions and interventions.

There is an issue with the new system that needs to be addressed. I say that not to score political points or to demonstrate that my ideas are better than those of others; we simply have to do the best we can by offenders. We need to put in place structures that support them. Through that, we can help to prevent reoffending. The issues with reoffending are important.

[Dr Drew]

Would the hon. Gentleman accept that one of the fundamental failings is the lack of continuity between what happens in prison, where there is a need for people to be properly rehabilitated and prepared for release, and what happens afterwards? If my area is anything to go by, there is no overlap; things have to start again as soon as people are released. That means that offenders and ex-offenders feel completely let down.

[Jim Shannon]

I thank the hon. Gentleman for his intervention. I will touch on that issue, because it is important that we have that follow on. What happens next after someone gets out of prison is a clear issue.

It is sometimes easy to fall into a mentality of seeing those in prison as lost causes, but that is not something I believe at all. I believe that all people can make mistakes and that they can put right those mistakes and become contributors to their communities again. The hon. Gentleman and others have referred to that. I know a few good men who society washed their hands of during the troubles in Northern Ireland, yet they were given the opportunity by one tender-hearted person and are now upstanding pillars of the community. People can change, and we have a responsibility to enable that change to take place. It may not work for every individual, but it can work for a great many. I know people who have changed. That is the reality. We need to focus on what can be achieved and how we can achieve it. That has to be our goal and purpose.

I was surprised to learn that one in 10 people in England and Wales are released back to their community without a roof over their head. That simply should not be. They should not be released with a metaphorical boot to the backside, without so much as a by-your-leave. In some cases, that seems to be the way it is, and it is hard to understand why. We must ensure that they not only have somewhere to sleep the day they come home, but that they have something meaningful to achieve the next morning. We have a rehabilitation process for people to go through when they are in prison and when they get out. If they are going home to nothing, it is little wonder that it is so easy to get into the same routine. We must ask how we can do things differently. How can we get these men and women involved in our society in a meaningful and helpful way?

Thus far, the private probation services have been unable to make a difference. I do not want to be unduly critical, but that is what the evidential base indicates. Indeed, some reports indicate that incidences of reoccurrence have intensified. If they are intensifying, as was referred to in an intervention, that may be because a phone call does not achieve what a meeting or appointment can. I suggest to the Minister that it should be a meeting or appointment. That is more constructive and face-to-face, and it can make changes. Printing off a housing form does not achieve the results that attending the housing executive—in England, it is the local council—does. We should not mollycoddle these people, but if we believe in the justice system at all, we believe they have paid their debt to society and deserve help to find their way in a different world. We should encourage them to do so.

I also think of the children and families of offenders. It is essential that follow-up services are provided for the sake of those nearest and dearest to them. A report by the Joseph Rowntree Foundation highlighted that prisoners’ families were vulnerable to financial instability, poverty, debt and potential housing disruption following the imprisonment of a family member. It can be easy to forget that these issues affect not just the individual, but the whole family unit. The report found that families subsidised imprisonment by sending prisoners money, clothing and electronic goods. The responsibility to help those in prison financially often falls to a great extent on families. Disadvantage associated with imprisonment includes high rates of depression—sometimes the health spin-offs are not taken on board—physical illness, housing disruption and, for families of foreign national prisoners, permanent separation after deportation. Again, that is perhaps not an issue for this debate, but it is certainly something that the system should address.

The report also highlighted how prisoners’ partners and mothers prioritised the care needs of children above household income, and there is an impact on children at school, where we know that peer pressure can be difficult. Barriers to employment were magnified for those caring for prisoners’ children. The complications are enormous. When someone comes out of prison to a family under such strain and pressure, it is easy to see how they could go back to their old ways, not understanding that breaking the cycle will help to heal the hurt that their family is going through. That should be taken into consideration and should be a priority for the Government when discussing how to rehabilitate prisoners successfully. That should be our goal. I know the Minister wants that, as we all do in this House.

To conclude, I cannot say how the shortfall has come about, but we must all acknowledge—as Members who have contributed so far have indicated—that there is a definite shortfall that we must address for our communities. I hope the Minister, whom we all respect highly, will tell us how he intends to do that, either in the new private system or by taking back the reins, which is what I think the Members here want. Decisions need to be made, and for the sake of our family units we must ensure that changes are made as a matter of urgency.

Mental Health in Prisons

David Drew Excerpts

Wednesday 10th January 2018 Westminster Hall

[Ms Rimmer]

I do, and I thank my hon. Friend for that intervention. What she describes is one major component that is missing and would help to resolve the situation. People are locked up in a small cell for the vast majority of the day, subject to a poor diet and living in inhuman and dirty conditions. Those who were previously healthy often develop depression, anxiety and violent tendencies because they are in effect caged, with little food and no stimulation.

Since March 2017, Her Majesty’s Prison and Probation Service, formerly NOMS—the National Offender Management Service—has been responsible for the management and operation of prisons in England and Wales and for ensuring that the prison environment is safe and decent. The Ministry of Justice is now responsible for prison policy and commissioning of services in prisons. NHS England is responsible for healthcare in prisons, in terms of both physical and mental health. In 2016-17, NHS England spent an estimated £400 million providing healthcare in adult prisons in England. It is estimated that £150 million of that was spent on mental health and substance misuse services, although the exact figure is unknown. All those bodies have a fundamental duty of care, yet as the Public Accounts Committee damningly concluded, they do not even know where they are starting from, how well they are doing or whether their current plans will be enough to succeed in caring for prisoners with mental health needs.

[Dr David Drew (Stroud) (Lab/Co-op)]

Does my hon. Friend accept that another problem is that those bodies do not know where people are going post-prison? I have in my constituency the excellent and nationally reputed Nelson Trust; it has a women’s centre in Gloucester. Its big bone of contention is that it gets very little access to the women before release. With all the mental health problems, drug abuse and victim support issues, it needs access in prison before release. Does my hon. Friend agree that that is crucial?

[Ms Rimmer]

I absolutely agree and will come to that point later in relation to communication.

The Government’s efforts to improve the mental health of people in prison have been poorly co-ordinated. Information is not shared across the organisations involved and not even between community and prison GPs. For example, NOMS advised NHS England to commission mental health services for a male prison at HMP Downview and then decided to open it as a female prison. Six months later, healthcare was still catching up with those changes. What a shocking failure of government! Clearly, quality systems of working and communication are urgently required between prison management, HMPPS, policy makers and commissioners at the Ministry of Justice and the commissioned contractors for health services and NHS England.

It is clear that not enough has been done to prevent increases in deaths in custody. That was the subject of last year’s Joint Committee on Human Rights interim report entitled “Mental Health and Deaths in Prison”. The report homed in on why progress has not been made on preventing deaths in prison, despite the numerous insightful and comprehensive analyses produced on the issue following the Woolf report in 1991. Those include reports by Lord Harris of Haringey, the Joint Committee on Human Rights, the Public Accounts Committee, the National Audit Office, the Howard League and the Select Committee on Justice. Those are just some of them. I hope the Minister would agree that there is no lack of knowledge of or information on the problem, as it has been well reported.

While the Joint Committee on Human Rights inquiry was in progress in March 2017, the Government introduced the Prisons and Courts Bill. Following its Second Reading, the Joint Committee wrote to the Government, proposing key amendments, but unfortunately the Dissolution of Parliament got in the way. The Committee instead published an interim report in May 2017. In November, the Chair of the Joint Committee, my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), wrote to the Secretary of State for Justice, expressing her disappointment at the non-inclusion in the Queen’s Speech of the prisons Bill promised before the general election and noting that he had said he would take some administrative steps. The Chair stated in her letter to the Government that the Committee’s findings showed that concrete legislation was needed, and outlined clear steps forward, to ensure that prisoners’ humanity is protected and their welfare safeguarded. The Joint Committee’s proposals included a statutory minimum ratio of prison officers to prisoners, a prescribed legal maximum amount of time for prisoners to be kept in a cell and the provision of a key worker for each mentally ill prisoner.

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[Imran Hussain (Bradford East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I thank my hon. Friend the Member for St Helens South and Whiston (Ms Rimmer) for securing this important debate on behalf of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). I thank hon. Members from all parties for their informative and well-thought-out contributions.

My hon. Friend the Member for St Helens South and Whiston articulated the real crisis of mental health in our prisons. Other hon. Members also made some very important points about assessment and recording issues, information-sharing issues, pressures on prison officers, isolation and overcrowding issues, and individual tragic cases that perhaps could have been prevented had the system worked better. Government Members also spoke about some of the much-needed recreational activities that are very important to wellbeing, including cooking and gardening, although they will agree with me that some of the underlying and more pressing issues have to be addressed before we move on to those areas.

[Dr Drew]

One of the most stressful and important issues regarding mental health is women who give birth in prison or have young children. I found, to my shock, that Eastwood Park prison, which has a mother and baby unit, was shut for over a year because of an argument about a flood and who was going to pay for the damage. That meant that all women in the whole of the south west and south Wales had nowhere to go to in the vicinity. That is not acceptable, is it?