The role of the Probation Service - Justice Committee Contents


Written evidence from the Cambridge and Peterborough Probation Trust (PB 41)

1.  Are probation services currently commissioned in the most appropriate way?

The Cambridgeshire and Peterborough Probation Trust (CPPT) considers that the most effective commissioning arrangements are managed as close as possible to the point of delivery and will involve a range of organisations working together, within contractual arrangements to achieve a common outcome. In the case of the Probation Service this is the reduction of offending from offenders thereby reducing the number of victims of crime and protecting the public.

The most effective commissioning arrangements will include the following facets:

—  Identifying the need that is to be met. This would be the criminogenic needs of offenders,

—  Consulting local stakeholders to ensure that the criminogenic needs are correctly identified and to explore the opportunities for delivery, and

—  Realistic specification of services to be provided and effective performance management arrangements.

The current commissioning arrangements for the Probation Service are not as effective as intended, mainly because a regional commissioning basis is too remote from the communities in which the services are to be delivered. Probation Trusts have the infra-structure and local partnership arrangements to be able to engage effectively with local partners.

2.  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?

(a)  How effectively are probation trusts operating in practice?

    CPPT, as it became a Trust on 1 April 2010 differed little in practice from its previous existence as a Probation Board. This is largely because of the absence of most of the promised "freedoms" for Probation Trusts that were identified during the Trust transition programme. It is disappointing that the previous administration would not allow Trusts the freedoms that would allow them to achieve their full potential. The governance arrangements for Probation Trusts give the potential for greater autonomy and flexibility. This is very important if a Trust is truly to be able to meet local needs. The lack of year end financial flexibility is a good example of the potential of Probation Trusts not being met because of unnecessary constraints that have been put in place by the previous government. The ability to carry resources forward from one year to another would mean a much better use of public funds which would more effectively meet local needs.

(b)  What is the role of the probation service in delivering "offender management" and how does it operate in practice?

    There is currently a lack of clarity about what the term "Offender Management" means, and CPPT believes that offender management should mean the effective engagement of Probation staff with offenders to impact positively on their offending behaviour, achieving a reduction in offending behaviour.

Within NOMS it seems that currently offender management is seen as primarily an administrative process, within which the offender manager is responsible for overseeing and sequencing interventions with the offender. This, in our opinion, ignores the capability and potential of offender managers to engage positively with the offender to reduce their offending behaviour. The professional base, training, skills, knowledge and experience of Probation staff put them in the best position to supervise offenders effectively.

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

(a)  Are magistrates and judges able to utilise fully the requirements that can be attached to community sentences?

    The Criminal Justice Act 2003 provides for a range of additional requirements to be included in community orders, not all of which are managed by the Probation Trusts. Most of these can be utilised fully by sentencers but not all of the requirements are available. In CPPT there is not a Senior Attendance centre, something which would be welcomed by sentencers in the county. There is also very little provision for mentally disordered offenders and an insufficient provision of alcohol services for offenders. The provision of services in Probation Trusts is currently primarily driven by a target driven environment rather than one which is based primarily upon local need. This refers to the point made earlier in the submission about regional commissioning being less effective than locally based commissioning in meeting local need. Magistrates and Judges are affected in their ability to match sentences to need by a lack of consistent provision.

(b)  How effectively are these requirements being delivered?

    CPPT is increasingly able to provide sentencers with a wide range of Specified Activity Requirements to address the needs of specific offender groups such as women offenders and specific issues such as lower level alcohol misuse, debt and money management, compliance, and parenting skills.

When offenders fail to comply with their Community Orders, CPPT has a rigorous process for enforcing orders and licences. In 2009-10 CPPT had an enforcement performance of 97%. CPPT staff also work to achieve a greater compliance among offenders. This includes a more thorough exploration with individual offenders at induction of factors which might inhibit compliance (eg employment, child or dependant care responsibilities) and the use of text messaging to remind offenders.

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

CPPT considers that offender supervision and the primary responsibility for commissioning offender services should be with Probation Trusts for reasons that have previously been explained.

Private and voluntary sectors should have a significant role in the delivery of interventions to offenders. There is considerable expertise in both sectors which when combined with a Probation Trust's ability to supervise offenders effectively and to commission services locally, would create a very powerful delivery base, one which would have a good chance of success and one that meets the coalition government's policy drive for "Open Society."

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

At the present time CPPT does not have the capacity to supervise an additional large number of offenders who might be sentenced to a Community Order rather than a short term of imprisonment. There would need to be a re-direction of resources from the Prison Service to Probation Trusts to allow for an increase in staffing levels to supervise a significantly increased number of offenders.

It is important to state that while CPPT does not currently have the capacity; it most certainly has the capability to supervise an increased number of offenders. The professional base of our staff, the training, skills, knowledge and experience mean that staff are well able to increase their capacity. However, for this to happen there needs to be some de-regulation of restrictive and overly bureaucratic requirements on Probation Trust. There is an unnecessarily high level of central and regional reporting that takes up a significant amount of Probation Trust resources. A recent research project has shown that offender managers spend up to 70% of their time inputting data to computers. If this was reduced by half it would allow a significant increase in the time that Probation staff could spend in direct face to face contact with offenders.

6.  Could probation trusts make more use of restorative justice?

CPPT would wish to extend the use of Restorative Justice, using the models of practice that are in existence in the Youth Offending Service. Restorative Justice is very effective in positively affecting the behaviour and attitudes of offenders.

Community payback already has a clear restorative element (visible payback to the community) which is highly valued by local communities. The restorative elements within community payback could be extended and strengthened.

7.  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?

CPPT works with partners to deliver effective services to different offender groups. It is vital that the Trust engages well with partners and community groups to ensure that the needs of all offenders are met. This is particularly important for the "hard to reach" group of offenders, particularly BEM offenders. In CPPT there are effective arrangements in place for the Trust to engage with partners and community groups. It can never be said that an optimum performance in this regard has been achieved. CPPT is always responsive to the changing needs of local communities, and these can change considerably over short periods of time. For example, the migration of East European workers to Cambridgeshire has provided the Trust with delivery challenges which can only be properly met when working in effective local partnership.

8.  Is the Provision of Training Adequate?

CPPT has, like all other Probation Trusts, introduced the new Probation Qualifying Framework (PQF) in April 2010. It provides a vocational qualification at Level 3 for Probation Service Officers (PSOs) leading to an identified route into a Level 5 qualification for Probation Officers should they choose to undertake it. There is also a direct graduate entry pathway which is as yet untested because reductions in recruitment mean that the new qualification will be slow to start. CPPT has recruited new staff directly onto the new graduate training scheme because of the need in the Trust for qualified Probation Officers in the future. However this is not common across all Probation Trusts.

CPPT does not consider that there is sufficient training in place for middle and senior managers. There has in the recent past not been a significant focus in NOMS in the provision of management development training. The significance of this gap is in the development of future leaders in the Probation Service. Without such a focus there has to be a risk to the longer term succession planning capability of Probation Trusts.

September 2010


 
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Prepared 27 July 2011