The role of the Probation Service - Justice Committee Contents


Written evidence from Humberside Probation Trust (PB 42)

INTRODUCTION

1.  Humberside Probation Trust became one of the six "first wave" Trusts in April 2008 and prior to this was one of 42 Probation Areas under the National Probation Service. We are a medium sized probation service covering four local authorities. We currently employ 400 full time equivalent staff in nine locations, including two Approved Premises. We supervise approximately 4,400 offenders at any one time; about 70% of these offenders are serving a community sentence or have been released on licence and the remaining 30% are serving a custodial sentence. The Trust prepares over 4000 reports for the magistrates and crown court each year.

2.  Humberside has been a high performing Probation Trust for the last decade, consistently achieving excellent performance against government targets under the different rating systems that have been in operation over this period.

EXECUTIVE SUMMARY

3.  The current structures for commissioning inhibit the development of innovative approaches to deliver the outcomes required. Trusts should be given more freedom to decide how we achieve the most cost effective services in localities to meet the outcomes expected by government policies.

4.  Humberside Probation Trust has an excellent track record of high performance against government targets. We have a "can do" culture and despite reductions in funding over the last two years we have a staff group who are skilled in managing offenders and highly committed to protecting the public and reducing offending. A reduction in bureaucracy and greater flexibility to exercise professional judgement would facilitate the opportunities for innovation and more effective use of resources.

5.  Humberside Probation Trust already commissions or jointly commissions offender services from a range of voluntary sector providers. We support the use of the private and voluntary sector in delivering services where they provide value for money and support the delivery of the outcomes required. Probation Trusts, through their work with local statutory and voluntary sector agencies, are best placed to undertake this commissioning.

6.  The Intensive Alternative to Custody (IAC) pilot project in Hull has demonstrated that with adequate resourcing Humberside Probation Trust, with its statutory and voluntary sector partners, is able to provide local and successful approaches to tackle the re-offending of those who would previously have received short prison sentences. It has the confidence of sentencers and could be rolled out nationally with the redirection of resources.

7.  We support the development of restorative justice options where these have demonstrated effectiveness and value for money.

8.  Probation staff always seek to tailor their interventions with offenders to secure the best possible outcome with the resources available.

9.  The training arrangements for most staff are satisfactory but improvements are required in the arrangements for the development of managers.

Are Probation Services currently commissioned in the most appropriate way?

10.  As one of the first Probation Trusts the commissioning of Probation Services is still in its infancy. We enjoy a good relationship with the regional Director of Offender Management (DOM) and aim to work with him to develop appropriate probation services in Humberside and the Yorkshire and Humberside Region. However, the structures for commissioning and continued central control, including estates and facilities management, inhibit the development of appropriate strategic commissioning of services at the local level.

11.  As a Trust Board serving local communities we believe that we are best placed to consult with local communities and commission services from a range of providers to deliver effective services. We already work with local authorities and other local partners to jointly commission services where appropriate and commission services from the local voluntary sector where they add value to our work and can provide innovation.

12.  It is our intention that as we develop our strategic commissioning approach we will increasingly tailor the delivery of probation services to meet the needs and expectations of local communities. We have a high profile in Community Safety Partnerships and work with our local authorities, health commissioners, police commissioners and the prisons to secure the best services to protect the public and reduce re-offending.

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?

13.  Within the current environment we are operating effectively as a Trust, meeting the expectations of performance and managing our activities within the budget allocated. We have made significant efficiency savings during the last two years and demonstrated a "can do" attitude in responding quickly to new circumstances.

14.  However, our experience as a Probation Trust is that we have not been provided with the business flexibilities that were anticipated and that this has restricted our capacity for innovation and the more effective management of our resources. In particular we would welcome:

—  Greater flexibility in managing our finances, for example the lack of any year end flexibility restricts opportunities to innovate and plan over a longer period,

—  A reduction in volume of performance measures which can result in complex bureaucratic systems to ensure accurate measurement and performance management, and

—  More flexibility in the application of national standards so that local professional judgement can be exercised to ensure the effective direction of resources towards reducing re-offending.

15.  The management of offenders to protect the public and reduce re-offending is the core activity for Probation Trusts. The models of offender management are well documented elsewhere. Over many years we have developed high standards and high levels of expertise in the proper management of offenders in the community. This expertise is recognised by our partners in local areas. We are leading the development of integrated offender management approaches in each of our local authorities. Probation staff have an understanding and awareness of the assessment and management of risk by offenders that is second to none and while we believe that this skill and experience can be shared and developed with others it has been gained by thorough training and supervision. In order to protect the public it is important that future developments in the probation service do not dilute this expertise.

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

16.  The majority of the requirements are able to be used by sentencers but there are constraints. The use of some requirements such as accredited programmes and unpaid work, while important in addressing offending behaviour and providing reparation has been influenced in previous years by government volume targets set for each Trust. The better understanding of domestic violence across agencies has resulted in higher demand for domestic violence programmes than the capacity available and is rationed through higher thresholds for suitability for the programme.

17.  The provision and delivery of requirements for health related interventions—alcohol treatment, drug rehabilitation and mental health treatment all depend on the availability of resources being made by other agencies. This relies on influencing those agencies to identify this provision within their priorities, and joint commissioning approaches in each local authority/PCT area. The requirements for speedy justice can mean that there is insufficient time for adequate assessments by other agencies to ensure that a particular requirement is appropriate.

18.  Humberside Probation Trust operates an Intensive Alternative to Custody (IAC) programme in Hull through pilot funding. This programme has been operating since April 2009 and has been very successful in diverting offenders from short custodial sentences and meeting the requirements of sentencers. There is more flexibility in the programme to tailor the interventions to what will best assist the rehabilitation of the offender. It is our view that a greater flexibility to sequencing and tailoring interventions with offenders during the progress of a community sentence has the potential to increase the effectiveness of community orders.

19.  Greater use is now being made of the specified activity requirement in order to introduce more flexible and less expensive programmes to support the rehabilitation of offenders, including programmes for encouraging compliance and shorter programmes for lower risk offenders.

20.  Some of the prohibitive requirements are used infrequently due to the difficulties of "policing" compliance but requirements such as the curfew requirement backed by electronic monitoring is used constructively by offender managers and the courts.

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

21.  The private and voluntary sectors already have and should continue to have a role in the delivery of services that are aimed at rehabilitating offenders as long as they provide value for money in the services they deliver. We believe that Humberside Probation Trust has the experience and commitment to commission the most cost effective services to reduce re-offending. Offender assessment and management are the core activity of the Trust with a particular emphasis on the management of risk of serious harm and public protection. The robust MAPPA partnerships draw on a wealth of experience and knowledge and are critical to fulfilling public protection responsibilities. Fragmentation of this responsibility and offender management risks placing the public at risk. The complexity of this work should not be underestimated.

22.  There are opportunities to further involve the private and voluntary sector. Humberside Probation Trust already commissions the voluntary sector for work on alcohol and drug use, improving employability and access to employment and mentoring of offenders in a range of activity. There is scope to extend the involvement through a reassessment of the priorities for intervention and a focus on those interventions that evidence suggests are more effective in reducing re-offending. This will require greater flexibility in the operation of a community order and performance measures. Our best experiences have been through the development of partnerships with organisations that have an investment in the local areas. We believe this could be developed to engage local neighbourhoods and citizens supporting local measures to reduce offending in their locality.

23.  The potential complexities of TUPE and pension issues in commissioning the private and voluntary sector to deliver probation services should not be underestimated and will need to be addressed creatively to enable further involvement of these sectors. In addition, the current position is that local voluntary sector providers would need to build up their capacity over time to take a greater role in providing offender services.

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

24.  Humberside Probation Trust has seen funding reductions in recent years and our headcount has reduced by over 10% in the last two years against a background of a stable workload. Back office costs have been reduced through sensible efficiencies and the application of shared services. However, the impact of the reductions has been steadily increasing workloads for front line staff.

25.  There is currently no capacity to take on the significant additional work that would arise from a move away from short term sentences. Indeed we believe that rising workloads for front line staff are risking the level of our effectiveness in protecting the public and reducing re-offending.

26.  Humberside Probation Trust has operated an Intensive Alternative to Custody (IAC) project since April 2009. Our experience is that through the allocation of additional resource we can be effective in providing, with our statutory and voluntary sector partners, interventions that are tailored to the individual offender to reduce re-offending. The additional funding for this project ends in March 2011 but has been shown to be at a lower cost per offender than imprisonment. If the Probation Service is to supervise additional offenders there will need to be a transfer of resources or a significant shift in the demand on probation services through changes in sentencing practice. In addition some capacity could be created through more flexibility in the application of national standards and the management of lower risk offenders, although this is unlikely to create anything like the capacity required to manage offenders who will have higher risks of re-offending.

Could probation trusts make more use of restorative justice?

27.  Community payback clearly has a restorative element and Humberside Probation Trust operates a low cost and effective service for local communities. There is scope to increase the use of single community payback orders for low risk offenders with the restorative element being the prime purpose of sentencing. This would build on the work we undertake with local authorities in identifying projects supported by local neighbourhoods for community payback activity.

28.  There are other models and examples of restorative justice being used with adult offenders. Humberside Probation Trust supports the use of these models where there is evidence of effectiveness. Their operation would require a reallocation of existing resources or the identification of new resource for this provision to be developed

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?

29.  Humberside Probation Trust has developed specific provision for women offenders, particularly in response to the Corston report. This includes the "Together Women Programme" in Hull and alternative reporting arrangements for women in each of our major locations. Group programmes and individual interventions are provided where possible.

30.  Offender managers aim to tailor interventions to take account of the diverse needs of individual offenders. The relatively small proportion of BME offenders in Humberside mean that separate group provision is not feasible but we use interpreters where necessary and take a pride making every effort to address the needs within the resources available. We have regular training to raise awareness of the needs of different groups of offenders, including black and ethnic minority people, foreign nationals, asylum seekers and travellers.

31.  Our resource levels mean that we do not have specific provision for young adults but recognise that this group, in transition to adulthood, does require an approach by offender managers which takes account of their levels of maturity.

32.  Humberside Probation Trust has well developed processes to assess and manage offenders who present the highest risk of harm and highest risk of re-offending. MAPPA provides a robust model to manage those offenders who are assessed as presenting a high risk of serious harm to others. The processes require the proper allocation of resources to ensure the system works effectively and the co-operation of partners from both responsible authorities and duty to co-operate agencies.

33.  The Prolific and Priority Offender (PPO) schemes are well developed in Humberside which and won a national Butler Trust Award in 2008. Partnerships and jointly located teams with the police in each local authority ensure that offenders who present the highest risk of re-offending are targeted for more intense intervention. These schemes have now been extended to develop Integrated Offender Management schemes to focus on a wider group of offenders. The evidence from all of these schemes is a very significant reduction in re-offending by these individuals than would have been expected and they have contributed to reductions in crime in each local authority.

Is the provision of training adequate?

34.  The new Probation Qualifying Framework is supported by Humberside Probation Trust and provides opportunity for career development within the service. The experience of the previous arrangements, the Diploma in Probation Studies, was that it produced high quality probation officers able to develop in their role to meet the demands and complexities of managing offenders. The new framework, with the important retention of a higher level academic qualification, is also expected to produce high quality probation officers.

35.  The new vocational qualification for Probation Service Officers (PSOs) at level 3 is welcomed and builds on the training that has been available to this grade in recent years.

36.  The in-house training provided by Humberside Probation Trust is highly regarded by staff and provided at low cost. Where necessary we combine with other probation areas in the region to provide training courses and also provide training to local voluntary organisation in working with offenders.

37.  One area of difficulty is the training for accredited programmes, which is organised nationally and is insufficiently flexible to meet local needs. This has caused problems in the capacity of the Trust to deliver some programmes, particularly the domestic violence programme.

38.  Despite the excellent in-house training in Humberside the lack of any formal post qualifying training for probation officers is a gap. For many years there has also been a gap in the provision of any consistent national leadership and management development training. Advantage is taken of local opportunities for management development but this is largely at middle management level.

September 2010


 
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