The role of the Probation Service - Justice Committee Contents


Written evidence from Catch22 (PB 44)

Catch22 is a local charity with a national reach. We work with young people who find themselves in difficult situations. We believe every young person deserves the chance to get on in life - no matter what. Whatever the reason for their situation, we help them out. We work with their families and their communities wherever and whenever young people need us most. As young people become more positive, productive and independent, the whole community benefits. We work with over 37,000 young people in 120 projects across the UK.

Catch22 has a longstanding history of working on criminal justice issues - in both our previous charities Rainer and Crime Concern. In 1876 Frederick Rainer established the London Police Court Mission which later became the national Probation Service in 1938.

Catch22 is a founding member of the Transition to Adulthood (T2A) Alliance and has produced three policy reports on behalf of the Alliance, Universities of Crime, A New Start and the Young Adult Manifesto. For further information about the T2A Alliance please visit www.t2a.org.uk

INTRODUCTION

Catch22 welcomes this inquiry by the Justice Select Committee into the role of probation services. We particularly welcome the remit of the inquiry into to the role of the probation service in handling different groups of offenders appropriately, particularly young adults. This response will focus on: commissioning of probation services, the role of the voluntary sector; the introduction of restorative justice and the needs of young adults.

As a member of the Transition to Adulthood Alliance (T2A), Catch22 endorses the views put forward in the T2A submission.

COMMISSIONING OF PROBATION SERVICES

Catch22 would like to see greater opportunities for the voluntary sector in the delivery of probation services and other work with offenders. We recommend the following changes to commissioning practice:

—  Involve the voluntary sector, and others with expertise in what is effective, from the start in the development of policy and practice,

—  Commission across traditional age boundaries - in particular pulling together support and ensuring a smooth transition from the youth offending service to adult probation services,

—  Implement Payment by Results in a way that is carefully designed and takes account of supply chain challenges, for example ensuring the voluntary sector can start working with people whilst they are in prison and can receive referrals from statutory agencies,

—  Open up the market and level the playing field for voluntary sector providers, and

—  Commission services in a way that ensures more holistic support for offenders across various services eg ensuring criminal justice agencies work with housing services, health and mental health services, job centre plus and other agencies that can help reduce reoffending. This is argued in our Catch22 Ready or Not campaign attached as supplementary evidence.

Primarily Catch22 would like to see a diverse provider market for probation services with a range of organisation sizes. This is most effective as it has the capacity to both manage high levels of contracts as well as deliver niche services at a local level.

Many of the benefits from diversity and contestability arise not simply from large-scale transfers from one sector to another but from opening up the possibility for the best provider, from across the different sectors, to deliver a service. There is some evidence that quasi-markets have had a positive impact across public service areas from education through drug and alcohol treatment and into criminal justice. It is often not just the services that are transferred to other providers that improve. The impact of competitive forces and the threat of transfer can spur improvements within existing service providers[28].

However, the voluntary sector's relative lack of access to finance represents a significant barrier to market entry. Voluntary organizations historically lack amassed resources and traditionally have found it difficult to access capital from mainstream financial services (much more geared towards catering to the private sector). The Social Investment Bank, to which the government is committed, should help to overcome some of these barriers. Furthermore we recommend that the piloting of Social Impact Bonds in Peterborough be rolled out further to test this innovative approach to funding.

Catch22 welcomes plans to introduce payment by results into rehabilitation work with offenders. However, Catch22 believes the establishment of such schemes must to done in conjunction with the voluntary sector and others providing the services in order to focus on the right outcomes.

What role should the private and voluntary sector play?

Catch22 believe the voluntary sector can run probation trusts and would like to see these put out for competitive tender. Traditionally charities have been given small pieces of work with offenders on the outskirts of statutory provision. This does not give the opportunity for charities to make a real difference that is offered by running offender management services and designing services in a way that supports offenders.

The voluntary sector has a unique value in helping to identify individual and community needs and in finding innovative solutions. At the time of economic crisis, it is even more important that government works in conjunction with voluntary sector providers to ensure they are able to continue this vital role working with offenders and ex-offenders.

Voluntary sector providers are able to provide flexible services to those often missed by statutory service providers. Many people who have disengaged or do not respond well to other services are willing to engage with voluntary providers. This may be a reflection of distrust of statutory agencies, particularly amongst those who have previously been in trouble with the law who often feel more comfortable approaching a voluntary agency.

In addition, the passion of staff and volunteers, and the fact that many voluntary sector projects are started in response to a particular need means that there is often greater capacity for innovation within third sector organisations. Individuals or community groups working directly with service users can identify needs which are currently unmet by existing services, and have knowledge and experience of the types of solutions which often prove most effective. The voluntary sector can also enhance participation of ex-offenders and their families, and help provide volunteering opportunities for ex-offenders across the criminal justice system.[29]

The voluntary sector is able to offer a more joined-up approach to meeting the needs of offenders and their communities across a broad range of issues. We know from our own work that integrated approaches across issue-areas are more effective. One of the key goals when trying to help vulnerable groups is in joining up existing services and providing integrated packages of care tailored to the needs of the individual. This is particularly important when working with ex-offenders who need to access mainstream support services in the community—outside the criminal justice agencies.

Finally, there is scope for innovative ways of working with the private sector. Catch22 is part of an Alliance with Serco and Turning Point which we believe will result in better resettlement services for young people in prison and lower reoffending rates as young people move on into productive lives.

Serco, Catch22 and Turning Point

Catch22 relationship with Serco and Turning Point dates back to 2006, when we formed an alliance with the shared aim of reducing offending. Partnerships between third sector and private sector organisations can be extremely effective because of the breadth and quality of experience and expertise the different partners bring to the table. In this case, Serco bring their experience in the custodial sector, change management and organisational skills. Turning Point their expertise in delivering drug and alcohol services and Catch22, our experience of dealing with young people in extremely difficult situations, as well as our community links.

Catch22 believes that effective and coordinated resettlement is the key to helping young offenders get their lives back on track. Those at risk of becoming lost in the prison system must be assessed at an earlier stage and receive planned support.

Joyce Moseley, chief executive of Catch22 says "If we want to stop young people committing crime in our communities, we need to provide resettlement services that deliver meaningful interventions that start sooner, last longer and provide real opportunities for them to reintegrate with, and make a positive contribution to, their communities. This must include brokering relationships with housing and accommodation services, education, routes to employment and restoring links with family and other supportive networks, as well as giving something back to the community."

Could probation make more use of restorative justice?

Catch22 fully supports the principles of restorative justice and supports the expansion of restorative justice schemes across the criminal justice system where appropriate.

Restorative Justice (RJ) has been shown to be beneficial for victims and is more successful at reducing reoffending than traditional criminal justice responses. The Prison Reform Trust's recent research on restorative justice in Northern Ireland has shown that diverting young people into restorative solutions reduced reoffending.[30] Research carried out by the Youth Justice Board has shown that 79% of victims involved in Restorative Justice felt able to put the offence behind them and 70% felt that young people understood better the effects of their offending. Restorative Justice projects can bring together victims, members of the community and young offenders to look at ways that young people can be held accountable for their actions and "repair" the harm they have done.

Research also indicates that RJ can be more cost-effective intervention than other interventions, and is certainly more cost-effective than custody.[31] For example, the T2A Alliance commissioned Matrix Evidence to conduct cost benefit research into the cost benefit of diverting young adults from community sentences into pre-court restorative justice conference schemes. Matrix found that it is likely to produce a lifetime cost saving to society of almost £7,050 per offender. Over the course of 10 years implementation of such a scheme would be likely to lead to a total net benefit to society during this period of over £1 billion.[32]

Catch22 would like to see greater use of RJ within probation services than is currently available. The benefits of RJ that are currently being seen within the youth justice system could be extended to the adult system. However, in order to receive the benefit, projects must be properly funded and supported. Effective RJ involves time, genuine engagement with both offenders and victims, and skilled people who can steer RJ conferences towards solutions where appropriate.

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

Catch22 has argued we need to move away from short custodial sentences to more effective community sentences. Community sentences have lower reoffending rates and provide a range of positive outcomes in comparison with prison - primarily community sentences allow people to maintain the factors that support future desistance including family ties, relationships, a job, home life and any treatment or counselling programmes delivered in the community.

However, community sentences still need to work better particularly for offenders with chaotic lifestyles and high levels of need. Too many young adults do not complete their sentence and end up in prison through breach for non-compliance.

Community sentence should be accompanied by much higher levels of assertive "outreach" and support. Much of the evidence shows that relationships are key for helping young people move away from crime. Current high caseloads for probation officers mean that building the necessary relationships to facilitate behavioural change is in the majority of cases simply not feasible. This is where additional social capital should be realised by bringing in volunteers who can support with building relationships with offenders.

Where the evidence shows that intensive working with young adults on probation and the impact of relationships on desistance, the government should fund this appropriately. This will save the taxpayer money in the long-term through reduced reoffending, fewer victims and safer communities.

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

There is a significant body of evidence and opinion that we need to take account of the maturity of offenders into account in their treatment in the criminal justice system, and that this should extend up until the mid-20s. While 18 marks the legal watershed between child and adult, childhood and, particularly, adolescence are contested concepts that change considerably over time and between societies.[33]

As a member of the T2A Alliance, Catch22 campaigns for the recognition of young adults as a distinct group in the criminal justice system on account of their developing maturity, distinct needs and social factors that impact upon them. This age group has specific needs and should be treated as a distinct group in the criminal justice system[34] and we therefore fully endorse the principle of working with young adult offenders in an appropriate and tailored way.

We believe the probation service should give special consideration to those offenders aged between 18 and 25 years old. Please see the T2A submission for further evidence on young adults.

September 2010


28   Le Grand, J (2003) "Motivation, Agency and Public Policy," Oxford University Press. Back

29   Baroness Neuberger, Volunteering, 2009. Back

30   Prison Reform Trust, 2009. Among young people under 18 in Northern Ireland, for example, 40% who had gone through the restorative justice conferencing order committed another crime within a year, compared to 71% of those who had been put in prison. We welcome the Justice Minister's recent commitment to maximize restorative justice opportunities throughout the criminal justice system (22 July 2010). Back

31   Dr Lawrence W Sherman and Dr Heather Strang, restorative Justice: The Evidence, The Smith Institute, 2007; Primary Justice, LGiU, 2009. Back

32   Matrix Evidence, Economic Analysis of interventions for young adult offenders, November 2009. Back

33   Muncie, John, Youth and Crime: A Critical Introduction., 2004. Back

34   The Transition to Adulthood Alliance, A New Start: Young Adults in the Criminal Justice System, 2009. Back


 
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Prepared 27 July 2011