Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure prisoners who lack family or other support are being helped to form relationships to support their rehabilitation with people outside or peers inside.
Answered by Kit Malthouse
We know that supporting and maintaining positive family relationships is an important factor in reducing reoffending, and positive family relationships have been identified as a protective factor in the desistance from crime.
The Basic Custody Screening Tool (BCST) is completed in the first few days following entry to prison, which includes information concerning a prisoner’s parental responsibilities. We intend to amend the BCST questions in the first quarter of next year to enable the recording of data on prisoners’ family circumstances and caring responsibilities. Once those changes have been made, we will be able to access this information centrally.
As part of the work delivering on the recommendations arising from Lord Farmers reports into strengthening family ties and intergenerational offending, we will work with other government departments to commission updated research to improve our collective understanding of the overall number of children affected by parental incarceration and the likelihood of those children becoming offenders themselves. We are currently in the process of scoping this research project and will be looking to take this work forward next year. Once we have the research planned, we will then be able to advise regarding when this may be published.
We appreciate that circumstances of an individual’s background or the nature of their offending might mean it is inappropriate or impossible for a prisoner to engage with their family. As part of the work taken forward through the auspices of implementing Lord Farmers recommendations, Governors are empowered to investigate alternative options, which will support those individuals, ensuring that they receive the same benefits towards rehabilitation.
A pilot led by the Innovations Unit is starting in the New Year in HMP Brinsford initially, before moving to HMP Swinfen Hall. It is funded by the Local Leadership and Innovations fund and looks to adapt the Life Long Links Initiative, which is run in some local authorities, for those in custody. This initiative involves identifying people who were a significant and a positive influence on the young person in prison and then inviting them to pledge support through their time in custody and after they have been released.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the planned publication date is for the collection of research into the numbers of children affected by parental incarceration as referred to in the Prisons Strategy White Paper; and what steps his Department is taking to address the specific needs of that group of children.
Answered by Kit Malthouse
We know that supporting and maintaining positive family relationships is an important factor in reducing reoffending, and positive family relationships have been identified as a protective factor in the desistance from crime.
The Basic Custody Screening Tool (BCST) is completed in the first few days following entry to prison, which includes information concerning a prisoner’s parental responsibilities. We intend to amend the BCST questions in the first quarter of next year to enable the recording of data on prisoners’ family circumstances and caring responsibilities. Once those changes have been made, we will be able to access this information centrally.
As part of the work delivering on the recommendations arising from Lord Farmers reports into strengthening family ties and intergenerational offending, we will work with other government departments to commission updated research to improve our collective understanding of the overall number of children affected by parental incarceration and the likelihood of those children becoming offenders themselves. We are currently in the process of scoping this research project and will be looking to take this work forward next year. Once we have the research planned, we will then be able to advise regarding when this may be published.
We appreciate that circumstances of an individual’s background or the nature of their offending might mean it is inappropriate or impossible for a prisoner to engage with their family. As part of the work taken forward through the auspices of implementing Lord Farmers recommendations, Governors are empowered to investigate alternative options, which will support those individuals, ensuring that they receive the same benefits towards rehabilitation.
A pilot led by the Innovations Unit is starting in the New Year in HMP Brinsford initially, before moving to HMP Swinfen Hall. It is funded by the Local Leadership and Innovations fund and looks to adapt the Life Long Links Initiative, which is run in some local authorities, for those in custody. This initiative involves identifying people who were a significant and a positive influence on the young person in prison and then inviting them to pledge support through their time in custody and after they have been released.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when his Department plans to begin recording data on prisoners' family circumstances and caring responsibilities as set out in the Prisons Strategy White Paper; and what data will be recorded.
Answered by Kit Malthouse
We know that supporting and maintaining positive family relationships is an important factor in reducing reoffending, and positive family relationships have been identified as a protective factor in the desistance from crime.
The Basic Custody Screening Tool (BCST) is completed in the first few days following entry to prison, which includes information concerning a prisoner’s parental responsibilities. We intend to amend the BCST questions in the first quarter of next year to enable the recording of data on prisoners’ family circumstances and caring responsibilities. Once those changes have been made, we will be able to access this information centrally.
As part of the work delivering on the recommendations arising from Lord Farmers reports into strengthening family ties and intergenerational offending, we will work with other government departments to commission updated research to improve our collective understanding of the overall number of children affected by parental incarceration and the likelihood of those children becoming offenders themselves. We are currently in the process of scoping this research project and will be looking to take this work forward next year. Once we have the research planned, we will then be able to advise regarding when this may be published.
We appreciate that circumstances of an individual’s background or the nature of their offending might mean it is inappropriate or impossible for a prisoner to engage with their family. As part of the work taken forward through the auspices of implementing Lord Farmers recommendations, Governors are empowered to investigate alternative options, which will support those individuals, ensuring that they receive the same benefits towards rehabilitation.
A pilot led by the Innovations Unit is starting in the New Year in HMP Brinsford initially, before moving to HMP Swinfen Hall. It is funded by the Local Leadership and Innovations fund and looks to adapt the Life Long Links Initiative, which is run in some local authorities, for those in custody. This initiative involves identifying people who were a significant and a positive influence on the young person in prison and then inviting them to pledge support through their time in custody and after they have been released.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department has taken since the Farmer Review to increase the involvement of families in release planning.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
We know that supporting and maintaining positive family relationships is an important factor in reducing reoffending, and positive family relationships have been identified as a protective factor in the desistance from crime.
While the focus for strengthening and maintaining engagement between offenders and their friends and family has been on working with those in prisons, it is essential that the ‘golden thread’ that Lord Farmer highlighted be pulled through the gate to support those in the community.
HMPPS are committed to engaging with families and significant others to integrate offenders into the community on release from prison. To this end we have launched several initiatives to test this approach, such as a 10-year proof of concept project called ‘Grand Avenues’, which will focus on targeted support for male offenders and their families, in an area of Cardiff, through co-design, ongoing supervision and engagement upon their release in the community.
HMPPS are additionally investing in initiatives to test formal engagement of families and significant others in Probation supervision which meets the expectations of HM Inspector of Probation and has outcomes for reducing reoffending, communities and individuals.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the implications for his policies of the second report of the Private Law Working Group entitled, The Time for Change, The Need for Change, The Case for Change, published in March 2020.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The work of the Private Law Working Group, set up by the President of the Family Division, has been invaluable in helping to inform our programme of reform currently underway in the private family law system.
The report features a number of recommendations which we are working to develop alongside our colleagues in the judiciary and other representatives from the family justice system through the Family Justice Board.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is able to take to speed up procedures in the Office of the Public Guardian.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Office of the Public Guardian (OPG) has many areas of responsibility, but the areas most affected by COVID-19, leading to delays in procedures, are those regarding the registering of lasting and enduring powers of attorney (LPAs and EPAs), and time taken for an investigation into concerns raised about an attorney or deputy to be approved by the public guardian.
LPAs and EPAs are paper documents that require a physical staff presence in an office to process and register; therefore these elements of the registration process have been affected by the need to maintain social distancing measures. Additionally, the staff numbers that are available to attend the office to carry out these physical activities are significantly reduced due to COVID-19. Measures introduced were focused on enabling as much remote working as possible, and also increasing the number of staff hours available in the office through overtime payments.
OPG aims to register Lasting Powers of Attorney (LPAs) in 40 working days (this includes a statutory 4-week waiting period). OPG has seen an impact on the time taken to process an LPA since COVID-19 began affecting circumstances. As of 22/10/2020 the average time taken to process and dispatch an LPA was 58 days against the target of 40 days. As a comparison, the July average came in at 71 days. The average of 40 days was achieved in 2019/20.
As part of a wider transformation programme, OPG is developing options to consult on proposals for modernising the LPA, with the opportunity for less reliance on paper and therefore the need for the physical presence of staff in offices.
When investigating concerns regarding an attorney or deputy, OPG needs to establish the mental capacity of the person (the donor of the LPA/EPA or the person who has a deputyship order in place for them) before conducting further enquiries into the allegations made. COVID-19 has prevented or delayed the ability for assessment of capacity to be made, as this is done through specially arranged visits to the person’s home/residence. As of the end of September 2020, an investigation was taking an average of 83 days against the target of 70 days. As a comparison, an average of 74 days was achieved in 2019/20. Where any serious concerns about a person are identified, OPG informs the local authority so they can follow up at a local level and take any actions they feel are necessary.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to reduce the waiting time for Court of Protection decisions.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
HMCTS and the MOJ have been working together to pilot new, digital ways of working in the Court of Protection that could streamline processes and remove both administrative and procedural delay. Emphasis has also been placed on increased digital working, to increase efficiency and facilitate remote working for both Court users and Court staff. These pilots are still in their early stages.
A digital upload pilot that commenced in April enables professional users to submit their Property and Affairs deputyship applications online. Over 200 applications have now been issued through this pilot, which has enabled orders, in non-contentious cases, to be made within weeks of the application being received.
A second pilot is being developed to encourage applicants to notify parties upfront. This will remove delays in waiting for responses and enable non-contentious cases to be dealt with in a more timely and efficient manner.
In addition, this month a new centralised team will be created at the Court of Protection, called the ‘Orders Hub’, to focus specifically on orders and process them more efficiently. Staff will be provided with targeted training to increase their expertise, tasks will be completed in tandem to reduce the time taken and areas of improvement will be identified to allow changes to be implemented. This will enable court orders to be issued quicker, and some within days of receipt
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
What plans he has to include proposals on strengthening non-custodial sentences in the forthcoming sentencing White Paper.
Answered by Chris Philp - Minister of State (Home Office)
The Sentencing White Paper sets out our plans for more effective community sentencing that offers punishment and responds to the underlying drivers of offending.
We will better identify individual needs, provide treatment options where appropriate and utilise technology to drive compliance. These measures will support offenders to change their lifestyles for good and protect the public.
The reforms will be underpinned by our ongoing probation reform, to deliver effective, tailored and responsive supervision of offenders in the community.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Infant Life Preservation Act 1929, how many people have been convicted in each category of offence of child destruction for performing abortions on other people in each of the last 30 years.
Answered by Chris Philp - Minister of State (Home Office)
The Ministry of Justice publishes statistics on the number of convictions for child destruction. This is available for each year since 2008 up to 2018, in the Outcomes by Offence data tool available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/802314/outcomes-by-offence-tool-2018.xlsx
The number of convictions for child destruction in the years between 1992 (the earliest available in the court proceedings database) and 2007, can be found in the attached table.
Asked by: Fiona Bruce (Conservative - Congleton)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many convictions there have been under sections (a) 18, (b) 20, (c) 2a, (d) 47 and (f) 58 of the Offences Against The Person Act 1861.
Answered by Chris Philp - Minister of State (Home Office)
The Ministry of Justice has published a National Statistics series on the number of defendants prosecuted and convicted for these offences in England & Wales for 2014 – 2018. This data is available in the principal offence proceedings and outcomes by Home Office offence code data tool available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/804510/HO-code-tool-principal-offence-2018.xlsx
To select the number of individuals who were convicted under (a) section 18: filter ‘Offence code’ to ’00501’.
To select the number of individuals who were convicted under (b) section 20: filter ‘Offence code’ to ’00801’.
To select the number of individuals who were convicted under (d) section 47: filter ‘Offence code’ to ’00806’.
To select the number of individuals who were convicted under (f) section 58: filter ‘Offence code’ to ’01401’.
Section 2a of the Offences Against the Person Act 1861 has been repealed by the Homicide Act 1957 and as such data on convictions over the period is unavailable.