Women Offenders and Older Prisoners

John McDonnell Excerpts

Thursday 16th January 2014 Westminster Hall

[Sir Alan Beith]

The right hon. Gentleman makes a very good point and gives highly relevant figures.

In 2012, we decided to undertake an inquiry to review progress since the Corston report and to examine current strategy and practice. We held five oral evidence sessions. We visited prisons and women’s centres. We received more than 60 pieces of written evidence. We reported in July 2013, and the Government published their response in October. We visited HMP Styal, where the six deaths that prompted the Corston report had occurred, but in the inspection report on the prison published two years ago, Her Majesty’s chief inspector of prisons commented that it was

“disappointing to find, and to be told of by the governor, too many cases of women, some of whom were clearly mentally ill, serving very short prison sentences which served little purpose except to further disrupt sometimes already chaotic lives.”

During our visit, we saw a new unit that has been created in an effort better to meet the needs of these women, but questions were raised by our witnesses about why women with such complex needs continue to be sentenced to custody. However, those of us who visited Styal saw some genuinely good work going on there. Styal has featured so much in this history that I would not want the impression to be given that there is not some very good work indeed taking place there.

The fact that we were holding an inquiry at all seemed to stimulate the Government to take a number of positive steps to prioritise the requirements of female offenders. After we had announced the inquiry, the Government allocated ministerial responsibility for female offenders to the then Minister in the Department and former member of our Committee, the hon. Member for Maidstone and The Weald (Mrs Grant). They announced a review of the female custodial estate, published a statement of four high-level strategic priorities, and created an advisory board to oversee the work streams stemming from those priorities.

Our report was very wide ranging, and I cannot pick up all the threads, but let me start with the overall governance of these issues. We said in the report:

“It is regrettable that the Coalition Government appears not to have learnt from the experience of its predecessor that strong ministerial leadership across departmental boundaries is essential to continue to make progress, with the result that in its first two years there was a hiatus in efforts to make headway on implementing the important recommendations made by Baroness Corston”.

We in the Committee were particularly struck by Baroness Corston’s own evidence that under the previous Government it was not until a group of women Ministers worked together to take issues forward that that Government made significant progress in this area. We welcome the fact that the hon. Member for Maidstone and The Weald was appointed, but of course she has now moved to another ministerial position. I hope that this Minister will clarify, when he responds to the debate, just how overall leadership will be achieved in this area.

We say in our report:

“We welcome the production of a set of strategic priorities for women offenders but they need to be given substance”.

In the Government response, we were told that there would be further progress towards meeting the strategic objectives, and that there would be a report to Parliament on that in March this year, so we are getting quite close to that.

We say in our report:

“We do not consider that substantive changes to the…sentencing framework would be helpful…and recommend that emphasis is placed on ensuring a greater consistency of provision to the courts to enable them to sentence from a range of options specifically appropriate to women, including robust alternatives to custody.”

We say:

“We welcome the Sentencing Council’s inclusion of primary child caring responsibilities as a mitigating factor in sentencing guidelines”.

However, more than half the women sentenced to custody still receive short sentences. There appear to be several explanations for that: the absence of adequate and available community provision, the court perhaps not knowing whether there was adequate provision locally, or the court not being confident that the community provision was appropriate or acceptable to wider public opinion by being sufficiently robust. We were concerned that the agenda on that had not progressed sufficiently quickly.

We questioned women offenders and ex-offenders—they came before the Committee—who made it clear to us that they had preferred prison to community sentences. In at least one case, they had committed further offences because prison was easier than a community sentence that challenged them to change their life and also, of course, offered some support to enable them to do so.

Our report says:

“Women’s community projects are central to providing a distinct approach to the treatment of women offenders. They offer a challenging environment for women to serve their sentence as well as a broad range of practical and emotional support”.

Those projects, often delivered through women’s centres, offer a range of services and courses of the kind that Corston recommended: a punishment element; probation; community payback; addressing offending behaviour; anger management; domestic violence; drug awareness; supporting women who have offended, including in relation to housing and issues with children; parenting courses; social services; and a crèche.

A woman who attended Eden House in Bristol said to us in evidence:

“The sort of women coming here, if they went to prison they would only get a couple of weeks, or a six month sentence and serve half. That’s not enough time to make a difference. They just carry on as they did before. But with Eden House, you get structure, a variety of things to do, and the help and support of staff. These are all things you don’t get inside”.

We found evidence such as that very persuasive.

A lot of data have been collected by the National Offender Management Service in the past year about women who have been referred to women’s community services. Those data will be analysed, I think, this summer, and we look forward to seeing the results.

We say in our report:

“We are unconvinced about the extent to which the approach set out in the Government’s strategic priorities for women offenders is…integrated”

across Government and across Departments. We wanted the advisory board to

“map the confusing array of Government initiatives that”,

if brought together,

“have the potential to benefit vulnerable women and girls at risk of offending and specify how these should integrate with the strategy for women offenders.”

We drew attention to the fact that successful women’s centres were ensuring that some women on the periphery of the criminal justice system were being diverted away from crime, to the benefit of the community.

We note the inclusion in the Offender Rehabilitation Bill of the requirement for arrangements for supervision or rehabilitation to identify how they meet the needs of female offenders. The Government say in their response to us that they have produced guidance for new providers on gender-specific services, and that contractual arrangements are in place to ensure that those needs are met. We very much welcome that.

We made recommendations about the custodial estate. We are to conduct a more general inquiry into the prison estate, and we will look further at the provision for women offenders when we do that.

NOMS’ stocktake of women’s community provision was very positive in tone and concluded that

“services for female offenders for 2013-14 have been strengthened and that there will be greater access to gender specific services across the country.”

I am not sure that the picture painted by our witnesses was quite as positive as that. In any case, a stocktake looks at what is there, not at what is missing and still needed. A further analysis may be required to establish an evidence-based approach to the issue.

In general, the Government’s response to our report was thorough and constructive and set out clearly how our concerns could be addressed. The key question remains how real leadership will be provided—across Government, not just in the Ministry of Justice—to maintain momentum and put in place a range of services and interventions that can change the lives of women and girls who offend. Our constituents will benefit if, instead of paying the bills for the punishment of offences committed by women, we greatly reduce the number of those offences and offenders.

I want to talk about older prisoners, because this group is growing in the prison population and seems likely to continue to grow. It was no part of our report to argue that these are not people who should be in prison. It is very obvious, from what we know about the reasons for that growth, that for very many if not all of these people, there are very strong reasons to keep them in custody. I am referring to people with a record of violent offences.

However, older prisoners are and will continue to be a growing group. This population is added to, of course, by prosecutions in relation to historical sex offences. Older prisoners present a real challenge to the Prison Service. Some prisons are making substantial efforts to adapt their facilities to meet the needs of older prisoners, but of course for some prisons that is almost impossible because of the nature of their buildings. They may be multi-storey buildings. There may be a cell in which two beds cannot be put, but there are two prisoners, neither of whom can climb into an upper bunk. Physically, the facilities may not be suitable.

We thought that NOMS needed to ensure that all prisons have a policy that provides age-specific regimes. More prisons should establish day centres and regimes that provide for the needs of older prisoners, without necessarily segregating them entirely. We found problems with older prisoners’ access to health care services. We found, as in other areas of prison life, a large unmet need in relation to mental health and that there should be more consistent awareness training for prison officers about that.

We wanted prison and community health care IT systems to be better connected to minimise disruption. There was one really serious problem, which the Government have tried to address: the lack of provision for essential social care for older prisoners, and confusion about who should be providing it. We had a situation in which it was not clear whether a prisoner with acute social care needs was the responsibility of the authority from which they came, if that could be identified, or the authority in which the prison was located. The Government have dealt with that in clause 75 of the Care Bill, but we still need clarification on what happens to local authorities with a large prison population, because meeting that requirement will place considerable demands on their social work provision. Some places, such as the Isle of Wight, have gone some way to recognising that, but they will have total responsibility in this area under the new legislation.

We want good liaison with local authority social care teams. In the Isle of Wight, we saw that there had been good experiences as a result of placing social workers in prisons. That is not a luxury; serious problems can result from prisoners with serious personal care needs and limitations becoming excessively dependent on either prison officers—who have other responsibilities to carry out—or other prisoners. That is a dangerous situation in a prison.

We also looked at issues that arise when prisoners are terminally ill. We found that perhaps too little discretion had been given to experienced officers over when handcuffs might reasonably be removed from a terminally ill prisoner in a hospital bed, or when a governor, with the Minister’s approval, might grant release to a palliative care unit when no such facility existed in a prison.

We found problems with resettlement. Many long-term prisoners will be released at some point, and by the time they are released, they may have no contact with their home at all. The nature of their offence may have led to a complete break with their family. Where should they be placed if they are not to be at risk of committing further offences? We have asked the Government to do further work on a number of aspects of that problem. It was alarming to find that older prisoners were still being released to no fixed abode, which is neither acceptable nor in the interests of public safety and the community. The growth of the older prisoner population suggests to us that there ought to be a national strategy, but the Government did not accept that recommendation.

The Government response generally engages seriously with each of our recommendations, however. The Government agree that a formal analysis should be undertaken of prison accommodation to assess its suitability, and they have committed to doing that by the end of the year. They have committed to adapt prison regimes, and serious consideration is being given to improving health care. There is an acceptance of minimum social care needs and the care passport system. However, the response does not address the real concern about how local authorities will deal with large numbers of older prisoners for whom they acquire social work responsibility. The statement:

“It will be for each local authority to consider how best to meet need within a prison, and the role that social workers will play”

does not really tell us anything at all. In relation to the use of restraints, the response states:

“NOMS’ escorts policy is currently under review”.

The response on meeting accommodation needs on release does not promise a lot either. The outright rejection of the recommendation to introduce a national strategy on the grounds that it is “not possible to generalise” about the needs of older prisoners ignores the fact that there are common problem factors among most groups of older prisoners, as we saw when we visited several prisons. A strategy that worked its way through the prison system might be of considerable benefit, not only in managing prisoners more effectively but in making the prison system work more effectively. I commend our report to the House, and recommend that for both reports, hon. Members look carefully also at the Government response.

[John McDonnell (Hayes and Harlington) (Lab)]

With regard to the report on older prisoners, I understand that the Committee considered only prisons, not detention centres. I raise that because of a case in my constituency that the prisons inspector reported today involving a gentleman with dementia who was released within hours of his death, and who died with handcuffs on. Is there a prospect of the Committee wanting to look at detention centres, in view of the lessons learned from the previous study?

[Sir Alan Beith]

I had concluded my remarks, but I will pretend that I had not done so in order to answer the hon. Gentleman. Although the chief inspector of prisons quite rightly inspects detention centres—I am glad that he does—it is a Home Office responsibility, which means that the Home Affairs Committee ought to look at the matter. He is quite right to draw attention to some of the serious issues that the chief inspector has raised, which many hon. Members heard him speak about on the radio this morning. We see the chief inspector regularly about his prison work, which we very much respect.

--- Later in debate ---

[John McDonnell (Hayes and Harlington) (Lab)]

I will be relatively brief, Mr Amess. I want to ask a few questions about the Government’s response to the report, but first, as I raised the issue of detention centres earlier, I hope that the Minister will pass on to his Home Office colleagues the importance of addressing the report today from the chief inspector of prisons. I raised the Harmondsworth detention centre incidents in the debate on the Immigration Bill on 22 October, and referred to the visitors’ report published last year. I continue to be concerned; we need to deal with the concerns regularly expressed by the visitors. There was also a separate report on mental health in particular, published just before Christmas by Detention Action.

I have some questions about progress in relation to the Government’s response to the Select Committee report. The Secretary of State said:

“I have considered the Committee’s recommendation to develop a strategy for older prisoners. I accept the suggestion that a national, consistently applied approach is needed across prisons and prison staff.”

I am not completely sure what the difference is between a strategy and a consistently applied approach, but the Government’s response to the issues raised by the Select Committee seems to include action on a number of fronts, which is helpful.

As to the categorisation of older prisoners, the Government responded:

“We will not look to categorise prisoners as old by their age, but we will look at the possibility of automatic consideration of possible age related issues…We will undertake analysis of offender needs by age to help understand at which age it would be best to do this.”

It would be useful to have a time scale on that, and a progress report in due course. Perhaps the Minister can advise us what is happening.

The Government promised a review of the suitability of the prison estate. They agreed that

“a formal analysis of the estate is required”

and said they would

“develop a process for conducting an assessment of current accommodation”

to be completed by “the end of 2014”. I know it is early, but some form of publication of the way that is being undertaken, and in what stages—whether it is being done geographically, region by region, or category by category—would be helpful, particularly in the light of the reorganisation of the Prison Service under the Government’s new proposals.

The Government said:

“As far as possible, NOMS will ensure that older prisoners are not allocated to an establishment that cannot meet their needs. We are grateful to the committee for their recognition that this will be subject occasionally to operational difficulties”.

It will be useful to see how the Government will monitor the occasions when operational difficulties have an impact on the appropriate allocation of a prisoner to a specific site or prison.

On another matter of progress, the Government responded to what the report said about the health and social care of older prisoners, saying:

“We agree that better management of health appointments is desirable. To support this, NOMS will work with NHS England on the possibility and suitability of increasing the use of video link technology.”

It would be useful have information—not necessarily today, but perhaps in writing—about the programme and the time scale for implementation. Some idea of cost would be useful as well.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I congratulate the hon. Gentleman on what he is saying; I know how passionately he feels about the issue. As to social care, a similar point was made to me by Professor John Williams of Aberystwyth university. He said that one of the biggest obstacles for social care services for older people was the ordinary residence rule. What is the ordinary residence of a prisoner? Is it where they come from, the location of the prison, or where they will go after release? Local authorities can play that card to avoid responsibility. That needs to be clarified.

[John McDonnell]

I fully agree. I was going to come on to that point, but the hon. Gentleman has covered it for me. Local authority funding is a key issue, particularly for those with prisons nearby.

The Government responded to a proposal about the incorporation of awareness training with regard to the elderly. They said:

“NOMS will look to work with NHS England developing training packages.”

I should in due course welcome the Minister’s detailed response about how that is being approached, including the progress being made, the cost, and the consultation that is being undertaken, particularly with the Prison Officers Association and the POA’s involvement in designing and promulgating the package.

I am extremely concerned that we secure a clear financial base for local authorities in the new role that they will play in social care. As the hon. Member for Gillingham and Rainham (Rehman Chishti) said, we need clarity about who is responsible, and what the cost burden in the locality will be. The Government said that they were “currently refining” the estimates

“through a survey of prisoners.”

That obviously relates to scale of costs. They also said:

“Funding provision that recognises the additional costs will be provided to Local Authorities.”

It would be extremely helpful to know what progress had been made in the negotiations with local authorities, and the estimates that had been bandied about—I know those are a matter for negotiation, as that is something I did in another life. It would be useful to know how the consultation is being undertaken, whether agreement is reached in due course about the scale of the costs and how they will be administered. That will come down to a detailed formula at some stage, but it would be helpful to have early information and some understanding of how any difficulties will be resolved.

The Committee raised the question of the age trigger, and the Government said that they would re-examine it. They said that

“an assessment of the costs and benefits of an age trigger for health and social care assessments would be needed before any commitment to an automatic age trigger for either health or social care assessment”

would be entered into. It would be useful to know how that assessment was being undertaken and, again, the time scale for and manner of its report to the Committee or the House.

The Select Committee raised the issue of restraint, in relation to escorts in particular; some members have found restraint a difficult matter. The Government responded:

“NOMS’ escorts policy is currently under review and this issue will be explored further as part of that.”

It would be useful, again, to know the time scale for that and how it will be reported. Will there be opportunities to examine the policy in more detail as the Government develop it?

As to resettlement, there is guidance to be published with the new Bill, with respect to NOMS working

“with their partners in local authorities to see how prisons can support this.”

It would be useful to know from the Minister whether that guidance is in draft form already, when it will be published and how it will be agreed in due course. The relationship with local authorities will clearly be a key matter.

The Government response also stated that

“NOMS will explore the possibility of making some small-scale improvements to Approved Premises.”

It will be useful to have some details of the assessment undertaken and of the time scales for implementation.

Finally, the Government response also dealt with the transit of prisoners between areas and how that would be clarified:

“This work should be completed alongside the launch of the Care Bill in 2015.”

It will be useful to have some detail about how that is being examined—who has been involved in the consultations and discussions, and again whether some of the issues have been dealt with or are being overcome in those discussions.