The role of the Probation Service - Justice Committee Contents


Written evidence from the Hertfordshire Probation Trust (PB 12)

EXECUTIVE SUMMARY

1.  The responses and evidence provided in this paper are drawn from the day to day operations of Hertfordshire Probation Trust. We serve a county with a population of one million. In 2009-10 we commenced 3,033 offenders on community orders and supervised 440 on licence. During 2009-10 338 offenders successfully completed their accredited programmes against a cumulative target of 305 and the Trust achieved initial green star status in the national assessment of probation trusts. We became a probation Trust on 1 April 2010 as part of the second wave in the Probation trust programme.

The submission from Hertfordshire Probation trust (HPT) provides an illustration of work undertaken by a medium/small probation trust. The Trust has worked hard to develop very strong local links with key partner agencies and local third sector providers. It is emphasised that "Reducing Reoffending" requires a shared approach and ownership from all key agencies and local third/private sector providers. The Probation Service is well placed to act as a hub for assessment, coordination and planning, but it is imperative that commitment is secured across the leadership of the wider public services, who can influence outcomes in respect of accommodation, health provision, employment, training, education etc. Hertfordshire Probation Service would be well placed to respond to working with offenders currently serving short term custody, if resources were available to support the additional work. There are skilled trainers within the organisation, however concern is shared that in the current economic environment and anticipated reducing budgets, skilled staff could be released, which would achieve a short term saving, but in the longer term undermine the need to build capacity to work with more offenders in the community.

Are probation services currently commissioned in the most appropriate way?

2.  Hertfordshire Probation Trust (HPT) is currently primarily commissioned by the East of England Director of Offender Management (DOM), National Offender Management Service (NOMS). The new contractual arrangements were implemented for the first time 1 April 2010, when Hertfordshire Probation Area transferred under the Offender Management Act to become a probation trust. A rigorous assessment process to become a trust was passed on the first application in September 2009. HPT is also sub-contracted by Serco to improve offender's employability and achieve employment outcomes.

One of the most significant challenges under the current commissioning model, is that while the DOM can commission and set volume targets for the Trust to deliver, the demand is in fact determined by Sentencers who are independent and do not have to take account of the resource implications. A good example is Unpaid work (Community Payback). For 2010-11 HPT has been commissioned to deliver 800 unpaid work orders. At the end of Quarter 1 2010-11 226 orders have been completed. In 2009-10 the area completed 932 unpaid work orders against a target of 800. The demand from courts is clearly outstripping the commissioned capacity. This form of community sentence is well regarded and has contributed to increasing public confidence within Hertfordshire. Public confidence would be compromised if HPT ceased delivery in year once having delivered to the contract. While efforts are made to influence and engage with sentencers both by HPT and DOM this has limited impact and authority, given the requirement to respect judicial independence. Unpaid work orders have also been heavily promoted in recent years and proved a good vehicle for improving community confidence in community sentences, so it is understandable it has gained increased confidence with the courts. The reality is however that the courts are determining the volume and demand rather than NOMS.

How effectively are probation trusts operating in practice? What is the role of the probation service in delivering "offender management" and how does it operate in practice?

3.  Hertfordshire Probation Trust is well placed to deliver offender management in Hertfordshire. We have made significant headway to make sure there are strong strategic links with the key partner agencies in the county and have staff co-located with police and the county council to deliver coordinated services to those offenders who present either the greatest risk of harm or propensity for high volume crime in the county. There is an excellent example of concentrated and concerted effort with the Choices and Consequences programme, which has not only delivered highly tailored offender management, but has actively kept the many victims (usually house burglary) informed of the offender progress and outcomes. The programme has also substantially improved the police sanction detection rate, with these offenders being required to admit to the full propensity of their crimes before joining the programme. Ironically this has contributed adversely to the national "reducing reoffending indicator" NI 18 for Hertfordshire. This is an issue HPT has been raising as unhelpful and which has the potential to drive some perverse decisions re direction of resources.

There is good engagement locally with health to increase access to mental health provision and the Primary Care Trust is conducting an "offender health needs assessment" to support improving offender access to mainstream health provision such as GPs.

4.  HPT delivers "offender management" in partnership with a wide range of providers, including Turning Point for Alcohol and drug services, YMCA—Accommodation, SOVA—mentoring and the Hertfordshire and Watford Women's centers. The Hertfordshire colleges (West Herts. Oaklands, North Herts.), Job Centre plus and Serco work with HPT supporting offenders with employment training and education.

5.  The Probation Service is well placed to provide the assessment and coordinate and act as the core hub for driving high quality offender management, but it cannot be delivered in isolation and requires the engagement of a wide range of other providers, there is a need to increase understanding that the probation service is not the provider of all aspects of offender management. There is concern that there is widespread public misunderstanding that Probation are responsible for all the services that contribute to reducing reoffending.

Are magistrates and judges able to utilise fully the requirements that can be attached to community sentences? How effectively are these requirements being delivered?

6.  All 12 community requirements are available within Hertfordshire. Take up of these requirements by the courts in 2009-10 was as follows:
Alcohol Treatment 362(delivered in partnership with Turning Point)
Attendance Centre 18 (provider NOMS)
Curfew494(provider for tagging Serco commissioned by NOMS)
Drug Treatment176 (delivered in partnership, Health, Turning Point)
Exclusion35
Mental Health treatment36 (provider Health)
Accredited Programme642
Prohibited Activity101
Residence 9(Hertfordshire does not have an Approved Premise)
Specified Activity601
Supervision1,754
Unpaid Work1,330

7.  Following improved CJS understanding of domestic violence in 2007/08, there was a significant increase in the use of the domestic violence programme (IDAP) and Hertfordshire increased the number of programs from two to eight to meet demand and address backlog, this has now settled at six programmes per year. This is a useful example of increased knowledge changing practice and making an impact on demand, through increased police activity and greater awareness by courts, CPS and sentencers.

What role should the private and voluntary sectors play in the delivery of probation services?

8.  Working closely alongside the pivotal coordination role that probation staff play in the coordination, assessment and planning of work to reduce re-offending are a range of voluntary sector and private sector providers in Hertfordshire. The voluntary sector is already involved in the delivery of offender facing interventions within Hertfordshire. SOVA currently provide approximately 75 trained volunteers, who provide mentoring, advocacy, literacy and numeracy support. More recently SOVA have been commissioned to establish Circles of Support for known sex offenders, who are provided with a group of trained volunteers to help resettle and manage sex offenders within the community, contributing to improving social cohesion and supporting longer term rehabilitation. YMCA are commissioned by HPT to provide an accommodation advice service to offenders and good links are in place with a range of voluntary sector local accommodation providers, including the night shelters and Stonham Housing Association. Further third sector providers include the Hertfordshire and Watford women's centres, The Living Room and Dacorum CVS.

9.  There is considerable professional expertise within the probation service, however we are not precious and have actively sought to widen the involvement of the third sector. An initiative currently in hand, is the provision of a 13 day training programme to local Hertfordshire third sector organisations to increase their understanding and ability to contribute; this is being delivered in partnership with Hertfordshire Community Foundation. There is an excellent culture of networking between third sector providers and probation within Hertfordshire and a number of good links to smaller scale localised projects.

10.  Efforts are also being made to involve and establish engagement with the private sector community and small scale initiatives are under development, e.g. Steria releasing staff to provide IT tuition to offenders, Sainsbury promoting community payback awareness in their stores. Serco in respect of Employment, Training and Education outcomes.

Does the probation service have the capacity to cope with a move away from short custodial sentences?

11.  The probation service has not been immune to reducing resources; a requirement of the 2009 trust application process was to demonstrate planning and capability to deliver offender services with an overall reduction in funding of 16% over 2009—2012-13 and address demand pressures. It is important to recognise that the offenders currently receiving under 12 month sentences will have a profile for a high likelihood of reoffending and a significant number issues that contribute to their offending. This group of offenders are therefore likely to be at the high end of need for interventions and resources if we are to be effective in reducing the likelihood of re-offending, however current short term imprisonment delivers little further than containment.

12.  There is considerable expertise within the probation service, but this takes time to acquire and there is concern that we could currently be reducing the number of skilled staff to meet reducing budgets for 2011-12, when in fact we should be building up expertise and capacity to work with this offender cohort if reoffending patterns are to be effectively reduced. It will be poor national planning if we release skilled staff, only to then have to reinvest heavily in further training and also suffer the planning blight of the delay that will accompany this. The probation service certainly has the "capability" to respond to an increase, but "capacity" will need to be supported by resource, if effective services are to be delivered. There are a comprehensive and flexible suite of interventions that could be deployed to work more effectively with this offender cohort that cost "society" in a large number of different ways. A member of staff recently won the Graham Smith Award and is currently undertaking an in depth piece of research to examine the role of sentence planning in relation to offender engagement and compliance. This support HPT's determination to continuously develop practice and remain ambitious to develop and encourage the development of effective probation practitioners. The research has the support of the Probation Chiefs Association and will be shared nationally in due course.

Could probation trusts make more use of restorative justice?

13.  Yes is the simple answer. HPT has delivered a small amount of restorative justice led by the Victim team, working at the heavy end with violent offenders released from prison. However this has only been accommodated on a small scale as a practice development initiative, as it has not been previously been a commissioned approach. There is some skill base and a small number of staff are currently being put forward to complete a Restorative Practice Diploma. RJ has also been incorporated into the Choices and Consequences programme, again the numbers are small. There is clearly the potential to expand and this is under current consideration for next years planning and will be included in contract negotiations, taking a lead from the forthcoming Green paper. HPT would wish to support the development of RJ methods. It is important with the higher end offending that this is appropriately resourced and victim needs are given priority. At a wider level the service is continuing to extend local engagement with local communities through community payback and considering further with key partner agencies how this can be demonstrated to contribute to this agenda.

Does the probation service handle different groups of offenders appropriately, eg women, young adults, black and minority ethnic people, and high and medium risk offenders?

14.  HPT pays close attention to making sure services are developed that meet the diverse range of offenders. The Single Equality Scheme is in place and the trust monitors the profile of the caseload by gender, ethnicity, age and disability, and high risk and prolific groupings. This data is published on our website and used by other providers working with us to ensure they can also tailor their services to meet offender needs. The Chief Executive chairs a quarterly Diversity Strategy Group which attends to these issues, this group is also now joined by an ex offender from the Service User Reference group.

15.  Hertfordshire is developing women's service provision to meet the recommendations of the Corston report working in partnership with the Hertfordshire and Watford Women's centers. Hertfordshire is one of the few probation trusts that deliver the Women's Accredited Programme.

16.  Recently HPT tendered for Interpreter services, which are now delivered by Dacorum CVS, providing a good example of localism, increasing work with the third sector and addressing diverse needs. We have a good relationship with the Watford African and Caribbean Association with whom we are currently developing some local provision for BME offenders.

17.  All offenders are carefully assessed for risk of harm and risk of re-offending and supervision plans are tailored to ensure that court orders are delivered and address the offenders needs, including their age, risk of reoffending and risk of harm. Like all probation trusts offenders are managed by Tier, (1-4), high risk of harm offenders at Tier 4 are managed under the Multi Agency Public Protection Arrangements (MAPPA), high risk of reoffending offenders are managed at Tier 4 as Prolific and Priority Offenders and under the Integrated Offender Management Model in partnership with Police and Herts. County Council and the Community Safety Partnerships. Details about MAPPA in Hertfordshire are published in an annual report on our website. There have been no serious further offences in Hertfordshire committed by offenders under probation supervision managed at level 2 or 3 for MAPPA in recent years.

Is the provision of training adequate?

18.  There is a high commitment to continuous personal development and regardless of where practitioners are in their career journey they can expect to receive access to training. Assessment and intervention techniques continue to be refined and improved, for example there have been advances in domestic abuse and sex offender assessments, so it is important practitioners are kept up to speed. A comprehensive range of training is made available to all Probation Service Officers (PSOs). PSOs joining the service are all now required to complete the level 3 vocational qualification in their first 12 months. A new probation qualification route has recently been introduced that now enables staff to move on to achieve their Probation Qualification Training. HPT has four staff due to complete the previous probation qualification route in October 2010. Probation Officer training rightly has included both academic and practice and staff have an opportunity to work with a wide range of cases by the time they complete and are familiar with core assessments techniques, sentence planning and interventions. Building up a depth of knowledge and experience is also important and should not be underestimated. Practitioners are supported by regular supervision. HPT has invested heavily in developing its work force and has number of skilled trainers within the organisation.

September 2010


 
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Prepared 27 July 2011