The role of the Probation Service - Justice Committee Contents


Written evidence from the York and North Yorkshire Probation Trust (PB 58)

THE NATIONAL OFFENDER MANAGEMENT SERVICE (NOMS)

The National Offender Management Service (NOMS) is an executive agency of the Ministry of Justice (MOJ). NOMS is responsible for delivering punishment of offenders in accordance with the sentences of the courts, providing a comprehensive, streamlined system to protect the public and reduce re-offending. The agency was created in April 2008, bringing prison and probation services together to deliver a more efficient and effective end-to-end approach to offender management, in custodial and non-custodial settings.

—  NOMS delivers the sentences of the courts through providers including:

—  35 probation trusts providing probation services.

—  HM Prison Service.

—  Private sector partners managing contracted out prisons.

—  Contractors providing essential services including prisoner escort and electronic monitoring of offenders.

—  Public and third sector partners including health, employment and training providers.

—  Headquarters teams responsible for planning, securing resources, driving performance against agreed standards and providing national services where it is most cost-effective to do so NOMS is accountable to the Ministry of Justice through the Director General, who also sits on the MoJ management board.

The agency operates a regional structure, with Directors of Offender Management in the English regions and Wales commissioning all custodial and non-custodial provision in each region (excluding high security prisons), ensuring that services are cost effective and appropriately targeted to meet the requirements of sentencers and the needs of offenders at a regional level.

YORK AND NORTH YORKSHIRE PROBATION TRUST

The probation service in York and North Yorkshire works with offenders to cut crime and protect the public. In doing so, we make a vital contribution to the safety of our communities and the people who live in them.

The aims of the Trust are:

—  protecting the public;

—  reducing re-offending;

—  the proper punishment of offenders in the community;

—  ensuring offenders' awareness of the effects of crime; and

—  rehabilitation of offenders.

Are probation services currently commissioned in the most appropriate way?

1. Current regional arrangements limit local flexibility in making best use of local services and effective local partnerships tailored to meet local and individual offender needs.

2. Local Probation Trusts should be statutorily empowered for provision of probation services and provided with freedoms and business flexibilities to develop more locally focused and innovative tailored solutions to re-offending, with demonstrable effective and best use of public monies.

3. Locally-focused accountability would secure sound local partnership working and locally informed commissioning which is the key to delivering best shared local outcomes as evidenced by Integrated Offender Management and Total Place pilots.

4. There should be a clear linkage between money and outcomes.

5. We can demonstrate savings by reducing re-offending and thereby saving prison costs.

6. A closer link to localised commissioning may emerge through the development of an elected police commissioner (envisaged in the policing Green Paper).

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?

7. Probation Trusts, including the York and North Yorkshire Trust, were only introduced from April 2010 but we have well-demonstrated capacity, skills and experience, as evidenced in progressive and continuous performance improvement and reduction in re-offending over many years.

8. There is evident capacity and resilience in a skilled professional workforce, well supported by our local widely- experienced Board members who bring sound business and commercial skills to underpin locally informed and respected sound governance and vision.

9. We are keen to capitalise our local focus and reputable workforce skills. We now seek the greater availability of business freedoms and flexibilities to support our intent of securing transparent best value competitive local probation services, ensuring public and local stakeholder confidence in our contribution to reducing crime and its victims and securing safer local communities.

10. North Yorkshire is the largest geographical county in England with rurality and sparsity issues that clearly require well-focused local provision capable of addressing local needs and concerns. As a local Trust we are best placed to effectively address such locality issues and develop sound business focused local partnerships as envisaged in Government papers.

11. Local Trust Boards, appropriately empowered, have the essential local knowledge, skills and experience to provide sound governance and establish innovative best value competitive locally focused services along with local partnership arrangements linked to accountability to local communities. The recent statutory provision for local accountability by designation of the local Trust as a Responsible Authority in the Local Community Safety Partnerships and the introduction of Local Authority Scrutiny arrangements is a welcome step to increase a local standing and transparency.

12. The Trust is coterminous with the current police, health and fire services.

13. We are active partners in the major strategic initiatives concerning community safety that fall within the scope of the Local Strategic Partnerships.

14. We provide a high quality range of probation services as evidenced by HMIP and consistently high level of performance to national requirements.

15. There is clear evidence that the approach to our work is yielding marked improvements in the rates of re-offending in both York and North Yorkshire - contributing directly to reduced levels of recorded crime.

16. We are able to demonstrate a range of active and constructive partnership arrangements within a mixed economy of public, private and third sector provision.

Role in delivering offender management

17. We have adopted a Local Delivery Unit structure reflecting the larger local authority arrangements in the area. This has some difficulty in relation to the two-tier authority arrangements in North Yorkshire but is, in our view, the best fit for the purposes of constructive work towards common objectives.

18. We are closely integrated within the relevant partnership forums at unitary, county and district levels and our operational delivery reflects the locality.

19. We operate as the focal point of adult offender management and are acknowledged as the lead agency in the assessment and management of risk.

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

20. Probation Trusts have the skills and experience to deliver effective offender management to reduce re-offending by positive pursuit of suitable court sentences involving punitive and rehabilitative requirements.

21. Social reintegration and reparation are related to individual offender issues, and are delivered in partnerships with other local Criminal Justice partners and working with commissioned third sector organisations.

22. We provide a range of services which support sentencers in being able to use the range of restrictive, punitive and rehabilitative requirements in community sentences.

23. When imposed, the sentences are delivered in a manner that seeks to engage offenders and develop and maintain their commitment to reducing their level of risk.

24. This is evidenced by high levels of compliance with orders imposed and strong and timely enforcement when this is required.

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

25. Trusts have a long record of working with/commissioning valued local providers, such as Foundation Housing, to gain best value and outcome from rehabilitation measures. The importance of such local working arrangement is most significant in rural areas such as North Yorkshire, where local knowledge is invaluable and large national profit-making providers show very limited interest in competing for evident reasons.

26. Our Trust seeks to foster strong local provider development within the voluntary sector and recognises the benefits of wider local competitive commissioning or co-commissioning, including voluntary and private sectors, in attaining best value and encouraging continuous improvement and innovation.

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

27. We would support an appropriate move away from the evident ineffective short custodial sentences. Inescapably this would increase demand on community sentences.

28. To cope alongside our present very demanding workloads would need to be addressed by transfer of funds from reduced prison resource demands, looking at different patterns of working with offenders, and possible change in individual sentencing requirements.

29. Use of private and voluntary sector, where they are competitive and capable, could form part of best value provision with the Trust integral to offender management and containment of public risk. As indicated, limited local competitive providers in large rural areas like North Yorkshire constrains such options.

30. Through Integrated Offender Management, we have demonstrated that with co-located probation, police, DIP. Housing and ETE staff we are able to provide services which reflect the risk the offender presents rather than the nature of the sentence passed.

Could probation trusts make more use of restorative justice?

31. Restorative Justice is clearly desirable and could run well alongside of work with victims but there would need to be resourcing/priorities issues in the current economic climate.

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?

32. Diversity is well-recognised in service provision and individual offender engagement is suitably determined.

33. We have a strong history of ensuring appropriately qualified and experienced staff manage our high and medium risk offenders.

34. Through the multi-agency arrangements in Integrated Offender Management we are developing a distinct approach to our work with women offenders.

35. We aim to meet or exceed the requirements of our Single Equality Scheme and can demonstrate that management arrangements are in place to handle all groups of offenders appropriately.

Is the provision of training adequate?

36. Training for new entrants has been and will remain exemplary.

37. Development of all staff is fostered by clear learning and development policy linked to individual and business needs. Provision is by internal and external source.

38. Maintaining a professional well-trained committed workforce remains a priority in maintaining and improving our competitive best value local probation services and reducing re-offending.

October 2010


 
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Prepared 27 July 2011