Napo HQ Blog

Earlier this week the BBC reported that number of people dying while on probation in England and Wales has risen by almost a third in three years, analysis of official figures shows.

Commenting on the report in the press, Katie Lomas, Napo's National Chair, said:

"Death by suicide is a complex and sensitive issue. People being supervised by Probation can include some of the most vulnerable in society who face multiple difficulties including mental and physical health issues, disability, homelessness, substance misuse issues, difficulties in accessing education and work, relationship difficulties and many more. Becoming involved in offending and serving a sentence either in prison or in the community can compound these issues.

Working with someone who is facing multiple difficulties and has a lack of hope for the future is challenging and requires great skill and most vitally proper resource. The relationship between worker and client is vital in supporting people facing such difficulties. Spending time with someone and being available to them in times of crisis is vital.

Since the introduction of what is now known to be (according to the Chief Inspector of Probation) a “fundamentally flawed” system for Probation Services in 2014 many of the providers of Probation services have adopted operating models which are based on so-called efficiencies which seek to reduce the amount of time Probation workers spend with their clients on an individual basis. This lack of time to spend on a one to one basis means that people under Probation supervision who may be facing multiple and complex difficulties compounded by the austerity related cuts to services are simply not able to build the working relationships and offer the intensive support required to maintain hope in times of despair.

Probation staff have to work every day with the knowledge that they are not always able to do what they know is really needed. They struggle daily against a system designed around saving money rather than in line with desistance research. Future plans to repair Probation services must prioritise operating models based on evidence and research rather than saving money at all cost.

David Gauke, Secretary of State, in a speech to the JSC explained that there is a further delay to publicising the response to the consultation and he is now considering all options with regards to the future including the boundary between public and private providers. This follows heavy lobbying by Napo both directly and via the various parliamentary committees with an interest in this. We hope that the SoS will use the additional month to fully consider our suggestions around reunification of probation as the most sensible way to proceed.

READ THE TRANSCRIPT

WATCH THE CLIP ON PARLIAMENT TV
 

 

 

 

Back before the government’s woeful justice reforms, probation trusts were able to develop local links with businesses, the community and had knowledge of the area and people living there.

These links were critical for finding unpaid work placements and projects, risk management in terms of knowing the geography and population, local resources such as women’s centres and having close links with other agencies such as the police and social services. Partnership working ensured clients had access to a wide range of providers and services.

Like so many other things, this was destroyed when TR came into force.

For starters, the 21 CRC areas are no longer coterminous with police forces. Professional relationships have suffered as a result and identifying responsible lead agencies becoming difficult. You don’t have to try hard to imagine what happens when these relationships break down, particularly when working with clients such as sex offenders.

Local services for local people is essential if the service is to meet the needs of the community. CRCs – in an effort to increase their income streams – are opting to do all the work themselves, effectively squeezing out many small third sector, charities and private sector organisations.

Things are not tremendously better in the NPS either. Paralysed by bureaucracy, it too finds it difficult to respond to local needs.

On top of everything else, relationships with the courts have also taken a nose dive. CRC staff are banned from having direct contact with the courts. Despite the best effort of probation court staff, the quality of information provided to the courts has deteriorated, which understandably undermines the confidence of the sentencers.

As predicted by Napo, lines of accountability have also become fragmented and blurred, and have lost their local base. The NPS is accountable to parliament, while the CRCs are accountable to the NPS via opaque contract management arrangements and CRCs control local commissioning via their TR contract monopoly.

Nobody is locally accountable for the community’s probation services, and there is no scope for community influence or input into priority spending and/or commissioning of support services to help deliver training, housing, additional drug and alcohol programmes, etc.

Many CRC providers now have their leadership teams based in their parent company organisations, which has led to reduced confidence in the whole system.

One of the biggest of these, Working Links (responsible for 3 CRCs including the whole of Wales) has collapsed and its CRCs have been taken over by Kent, Surrey, Sussex CRC (SEETEC). While Interserve Justice (which runs 5 CRCs - spread out across the country) is currently under administration.

The report by the Chief Inspector of Probation, published in March 2019, found:

  • “The operating model does not provide a national strategy for the sufficient provision of services locally”.
  • “Probation work that is integrated, professional and delivered as locally as possible is most likely to turn around the lives of offenders.”
  • “To provide an integrated service, a carefully considered commissioning strategy is needed. Accredited programmes and other valued interventions should be routinely available locally, and accessed readily by all probation professionals, to match need.”
  • “Good working relationships and strategic partnerships with local authorities, health services and other public authorities are necessary to begin to meet these basic needs.”

A local, publically owned service is essential to provide genuine local accountability, restore confidence among sentencers and partner agencies and to engage effectively with third sector organisations to meet the needs of clients and local communities.

Napo will be hosting a drop-in session for MPs on 1st of May to put this, and seven other reasons to reunify the probation service to MPs.

If you haven’t already done so, complete the postcard and send it back to your local MP encouraging them to join the fight to make sure the probation service is able to rehabilitate clients, keep the public safe and to protect your profession.

Need any materials to be a part of the campaign? Email campaigns@napo.org.uk

It’s fair to say that Transforming Rehabilitation has had an adverse – dangerous even – impact on the ability of probation staff to manage the risk of their clients and keep the public safe.

Before the service was butchered, categorising clients either high, medium or low risk meant workload could be shared, there were ample opportunities for staff development, and most importantly, cases could be easily escalated to a more experienced officer if anything changed.

Now what we have is high risk clients supervised in the NPS and medium/low risk by private companies. So why is this a problem? Risk is far from static and can change many times during the course of an order. Stats pre-TR showed that up to 25% of cases moved from high to medium risk and vice versa.

In March, the HMI Probation report commented on just how complicated the process has become. “The way that probation services are now delivered is not straightforward. The NPS and CRCs have inter-related responsibilities. Cases must pass to and fro between the NPS and CRCs when they leave court after sentence, if risks change noticeably during probation supervision or if enforcement is needed in a CRC case.”

The definition of medium risk includes people who have been convicted of violence, sexual matters, burglary, robbery, domestic violence and are known gang members. As long as the person appears stable at the point of assessment, they can be classified as medium risk regardless of the seriousness of the offence.

But we all know that the probation population is not necessarily a stable group of individuals. They can have multiple problems or be exposed to a variety of triggers such as alcohol use, financial problems, access to children etc., which can cause risk levels to rise, often very rapidly.

Risk levels therefore need to be kept under constant review and this too has been found wanting under TR. The HMIP Report states: “This (constant review) is particularly important in relation to any changes in the risks that an individual poses to others. Review can lead to changes in the priorities and plans for the individual being supervised. In practice, we find that cases are often reviewed in anticipation of HMI Probation inspection. Our aggregate data shows that reviews are not focused sufficiently on keeping people safe. In NPS divisions we have inspected, there is room for improvement, but the position is markedly worse in the CRCs we have inspected.”

If further notes: “Assessment work is good or outstanding in NPS divisions we have inspected, but it most often requires improvement in CRCs we have inspected. In one CRC we have found the risk of harm assessments seriously compromised, because of commercial pressures”. 

This is deeply worrying as is the finding: “There are fault lines in the current probation model that require active daily management. In one in four cases we find important and relevant information missing, as the NPS decides whether or not an individual is medium or low risk and therefore to be supervised by a CRC.”

And again from HMIP: “We have found real difficulties arising because the assessment of an individual and comprehensive information relevant to the risk posed by the individual is not kept in one place and not always kept up to date. Information falls between the cracks, and between one organisation and another.”

In both reviewing risk, working to manage it and to reduce reoffending, it’s a no brainer that direct face-to-face contact with offenders under supervision is vital.

However, both arms of the probation service are currently overworked and understaffed. The NPS has lost a large number of experienced staff through burnout and they face recruitment difficulties. The CRCs meanwhile cannot compete with them to recruit experienced probation officers and shed much of their as a way of trying to make contracts operable and profitable. CRCs have therefore resorted in many cases to cutting personal contact and replacing it with telephone reporting and remote reporting using the kiosk system.

The HMIP Report states: “A relationship needs to be formed, but up to 40% of individuals under supervision in some CRCs have been supervised by telephone only, usually following an initial meeting and assessment. Our recently published rapid evidence assessment of the effectiveness of remote supervision more generally confirms that there is no evidence to suggest that supervision by telephone alone is effective. HMPPS has recently introduced a new requirement for CRCs to plan for face-to-face meetings to take place at least monthly. This transactional measure will not of itself deliver an effective relationship.”

Under these circumstances it is hard not to be concerned about the risk to the public. The rise in serious further offences committed by offenders since TR is alarming.

A recent FOI request revealed that there has been a 46% rise in SFOs since TR was introduced! This increase prompted Dame Glenys Stacey to say in her March report: “The number of SFO convictions has never been a valid indicator of the quality of probation supervision. When an offender is being supervised in the community, it is simply not possible to eliminate risk altogether, but the public is entitled to expect that the authorities will do their job properly – that is, to take all reasonable action to keep risk to a minimum. A statistically significant increase in the proportion of cases in which a SFO is committed would inevitably raise questions.”

Napo believes that the TR agenda has undermined public protection procedures and places communities at risk of harm from poorly managed offenders.

Napo will be hosting a drop-in session for MPs on 1st of May to put this, and seven other reasons to reunify the probation service to MPs.

If you haven’t already done so, complete the postcard and send it back to your local MP encouraging them to join the fight to make sure the probation service is able to rehabilitate clients, keep the public safe and to protect your profession.

Need any materials to be a part of the campaign? Email campaigns@napo.org.uk

Working Links: collapsed. Interserve: liquidated. When two out of the eight owners of private companies delivering probation services fall on their swords, it is surely time for a rethink. But blinkered as ever, the Tories for now seem intent on continuing to make justice a (not quite) profit making industry.

All of the private players – who between them own 21 probation companies – will have had some very difficult conversations with their boards. Instead of the £269 million in profit forecasted at the bid stage, it’s likely that if the contracts had continued for their original duration they would be looking at a whopping £294 million in losses.

The failure of big companies like Interserve is in large due to bad management and the fact that the scale and diversity of their portfolios mean that problems in one part of the organisation can rapidly impact on others. But the truth is, none of the CRCs were going to be able to make their contracts work.

Footfall for the CRCs is seriously lower than had been predicted, the Payment by Results mechanism that was integral to the whole TR model failed, and the “rate card” which calculated payment for particular types of interventions was also skewed.

In the end, the government has had to pump an additional £192 million of taxpayer money into the contracts to keep them afloat. But how long before another of these companies capsizes?

Not being able to make a successful business out of probation services is bad news for these companies, but their woeful performance is a real injustice to service users, the community and to hard working probation staff.

 In 2018 a Justice Select Committee inquiry (headed up by Tory MP Bob Neill) said:

  • A Through the Gate service which merely signposts offenders to other organisations is wholly inadequate.
  • The current one-size fits all approach (to supervision of offenders released after less than 12 month prison sentences) lacks the flexibility to meet the varying needs of offenders.
  • We consider that kiosk meetings are never likely to be appropriate and that telephone supervision should only be used in exceptional circumstances and not in isolation.
  • We are concerned that only one in two individuals are supervised by the same officer throughout their case.
  • We do not think that it is proportionate for offenders to be credited with only one hour’s worth of unpaid work when they have been stood down at the last minute and for factors which are outside their control.

And the criticism doesn’t stop there. In March this year a report by HMI Probation stated:

  • In 80% of CRCs inspected by HMIP the implementation and delivery of probation supervision was rated as “inadequate;
  • There has been a 56% reduction in the number of individuals starting accredited programmes (from 2009/10 to 2016/17);
  • The reoffending rate for adults released from a custodial sentence of less than 12 months (January to March 2017) was 64%.
  • In a 2016 survey by the Magistrates Association, 38% of magistrates indicate that they have less confidence in probation now than under previous arrangements.

With mounting evidence that TR has been an epic fail, in July 2018 the Justice Secretary had no choice but to admit that the bailout hadn’t really solved the financial difficulties these companies were facing. His solution: terminate the contracts early, and go back out to tender in 2019. This was all before the demise of Working Links and Interserve of course.

Since then, the deadline for letting the new contracts has been delayed, and we also wait with bated breath for the MoJ’s response to the consultation.

But while the MoJ remains tightlipped, more and more revelations about the ongoing financial drain this failed experiment has been on the public continue to surface. In March this year the National Audit Office found that the overall cost to the taxpayers to end the contracts early amounted to a staggering £467 million.

TR has also failed staff. All reports since the implementation of TR - by the JSC, the PAC, the NAO and the HMIP - have confirmed that staff morale in the CRCs is at an “all time low”.

JSC 2018: “Staff have high caseloads, in some instances they are handling cases for which they do not have adequate training, and they feel de-professionalised”.

Meanwhile, stress levels, and sickness due to stress, is sky-rocketing. Napo members were surveyed at its 2018 AGM and over a quarter of respondents reported suffering from stress with 10% of members having to take time off because of it.

A demoralised and stressed workforce will inevitably have an impact on performance and increase risk to the public.

Napo will be hosting a drop-in session for MPs on 1st of May to put this, and seven other reasons to reunify the probation service to MPs.

If you haven’t already done so, complete the postcard and send it back to your local MP encouraging them to join the fight to make sure the probation service is able to rehabilitate clients, keep the public safe and to protect your profession.

Need any materials to be a part of the campaign? Email campaigns@napo.org.uk

It was always going to be a disaster. Tearing the service in two, giving the bigger chunk to private companies tasked with looking after “medium/low” risk clients; while “high” risk service users would remain under the watchful eye of the publically owned National Probation Service.

One thing Grayling and the Tory government were right about: it really did transform rehabilitation –  but for the worse.

Not only do we now have a two-tier service, we also have a two-tier workforce operating under different employment terms and conditions with striking pay disparities.

It’s been a long hard slog to get anyone outside of the justice sector to understand why TR has been such a huge problem, even though the evidence was stacked from the very beginning.

How does it even make sense that despite being qualified and having already done so for years, those working in the private companies were instantly barred from writing court reports, attending oral hearings or managing high risk offenders?

It’s no wonder this situation has left people feeling as though their skills are not being utilised and creates anxiety about career development and job security.

Since the split it seems that professional development has also taken a back seat, with even Dame Glenys Stacey, outgoing chief probation inspector commenting: “The future arrangements for probation services should provide for the learning and development of staff, and the arrangements for delivery of the strategy should be practical and engaging for staff”.

We guess the mandatory basic training or “briefings” delivered via email was not going to cut it in an environment where reducing reoffending and community safety is paramount.

Staff now also have the potential to become “burnt-out” far quicker than they may have done under the previous arrangements. Why? Well, in the words of Dame Glenys: “workloads and the overriding need to meet transaction-based performance targets have led to professional standards being compromised in at least one CRC.”

It’s happening in the NPS too. Imagine the mental toll that only dealing with high risk cases must take. No matter where you work in the probation service there just is no reprieve. To quote Dame Glenys again: “Professional ethics can buckle under such pressures.”

To top it all off, probation staff have actually been treated differently since the split.

NPS staff – now civil servants – have better terms in many areas including maternity leave than their private company colleagues. Napo led the charge in securing a satisfactory pay increase for them and a commitment for an improvement in pay structures going forward.

These are the things that help boost morale: valuing the profession and paying “the rate for the job”.

The private companies – ruled by budget constraints and profit margins – are unable to even think about matching the offer. How can you convince the staff employed by them that they are not second-class professionals when compared to their colleagues on the “other side”?

Napo will be hosting a drop-in session for MPs on 1st of May to put this, and seven other reasons to reunify the probation service to MPs.

If you haven’t already done so, complete the postcard and send it back to your local MP encouraging them to join the fight to make sure the probation service is able to rehabilitate clients, keep the public safe and to protect your profession.

Need any materials to be a part of the campaign? Email campaigns@napo.org.uk

The MoJ is considering puttin an end to prison sentences 12 months or less in England and Wales.

Ministers argue that short jail terms are less effective at cutting reoffending than community penalties, and if scapped, could free up thousands of places in over crowded prisons.

Responding to the news, national chair, Katie Lomas, said: "Napo members welcome this announcement as we have long campaigned for the use of community alternatives to short custodial sentences.

"Short custodial sentences achieve little in terms of rehabilitation but certainly achieve much in de-stabilising someone’s life when they lose their job, home and family and community ties.

"Prior to 2014 community sentences were increasingly being used as an alternative to short-term custody due to the work being done by the former Probation Trusts. Since Transforming Rehabilitation abolished those Probation Trusts and privatised a large part of Probation the Sentencers have lost confidence in the ability of those private companies to deliver community sentences properly and we have seen a rise in short sentences and a reduction in community sentences.

The only way to truly reduce the use of prison for non-violent offending is to restore Probation to it’s proper unified status as a professional public body delivering quality services not private profit"

Napo General Secretary Ian Lawrence visited The Den, home of Millwall Football Club in South East London this week to support an event for local primary school students organised by Show Racism The Red Card.

90 young people from schools in Bermondsey took part in an educational opportunity focusing on the identification of hate crime and how it can be reported and opposed. The event was one of a series that have been held at a number of professional football clubs in England, Scotland and Wales.

The event at Millwall included tutorials, workshops and plenary sessions as well as a tour of the ground and also saw the launch of the new SRTRC campaign video sponsored by a number of trade unions. This features a wide range of leading male and female footballers as well as community campaigners who explain their work and who have put together a very powerful collective message against hate crime.

The afternoon was rounded off by a lively question and answer session where Ian joined a panel which included Millwall players Steve Morrison and Jed Wallace who fielded questions from the young and highly knowledgeable audience.

Last Friday Napo GS, Ian Lawrence; and national chair, Katie Lomas, issued members an update on the work Napo has been understaking on their behalf.

Read the briefing in full, or navigate between the sections below.

Contents

So what is Napo doing?

Over the last few weeks a number of highly significant events have taken place around the future of Probation. These have seen Napo officers and officials engaged in a substantial amount of media activity as well as continuing our day to day work promoting our campaigns for reunification of the NPS and CRC’s and our pay harmonisation campaign via a number of ongoing pay negotiations.

Napo in the media and Parliament

Events in the early part of the week commencing 11th February were frenetic to say the least, as it became clear that Working Links had run out of road.

Their demise was officially made public on Friday 15th February when the Court finally organised itself to receive the Administration papers. As so often happens these days, major events seem to occur on Fridays which put massive pressure on our negotiators and communications team in maintaining contact with senior MoJ management, safeguarding the jobs and wages of staff who were transferring to SEETEC KSS CRC and ensuring that media and member communications were issued appropriately.

This event, whilst not entirely unexpected, was quickly followed over the subsequent weeks by:

  • The publication of the National Audit Office report
  • A hearing of the Public Accounts Committee
  • Interserve going into administration
  • Yesterday’s HMI Probation annual report

Napo has had an extraordinary amount of press coverage in recent weeks starting with the collapse of Working Links and the NAO report soon afterwards. There was coverage on all news channels that day as well as specific BBC National coverage with Tania Bassett being interviewed and Katie Lomas National Chair also undertaking radio interviews for BBC Wales and LBC.

There is ongoing interest from press on the future of probation going forward and Napo continues to work with media outlets to get maximum coverage. Yesterday’s publication of the annual report by HMI Probation Dame Glenys Stacey, saw extensive coverage on SKY News TV. This included an especially effective anonymous interview by a Napo practitioner followed by a live interview with the General Secretary where the case for reunification came across loud and clear.

This work has also seen Tania, Katie and Ian feature in various live radio interviews and pre-record takes for ITV and other news outlets.

The above developments are causing ripples across senior HMPPS and MoJ leadership in terms of what the government response will be to their own consultation on the future of Probation and serious questions about where the money has gone?

Napo is maintaining regular contact with Bob Neil Chair of the Justice Select Committee and there is a real push to bring as many cross party MP’s on board with our campaign to reunify probation and bring it back into public ownership. Branches have been sent postcards for members to send out to their local MP’s outlining 8 reasons to reunify probation and to highlight a specific local issue. NEC reps are being asked to go back to branches to ensure that this is happening and to actively get members on board to send out invites. Napo is organising a parliamentary drop in and a meeting for CRC representatives for 1st May at Westminster and branches will be able to send representatives to talk to MP’s and to encourage their own MP’s to attend. (Back to contents)

CRC round up and news for all members from the National Executive Committee (NEC)

Napo’s governing body (the NEC) met recently to consider the overall bargaining agenda and make important decisions in respect of Napo’s operational plan. Below are some of the key headlines of interest to members

RRP: Staffordshire West Midlands and Derby, Leicestershire, Nottinghamshire & Rutland CRCs

Pay talks have not yet started with RRP but a joint claim with UNISON is being submitted.

RRP has set up a Strategic Group Forum which is designed to enable RRP to engage with unions to discuss organisational matters that help to create a positive and inclusive environment. One of the issues that Napo will be raising will be a clear need for diversity training within the organisation following a number of incidents and racial stereotyping and cultural appropriation.

Workloads and a target driven working environment continue to be the biggest issues for members in both CRCs. However, there is a growing issue of client engagement and local partnership agencies following RRP’s decision to reduce their estates and to bring the majority of Black Country work into Wolverhampton. Napo will be raising this at future JNCC’s. Recruitment is also likely to be an issue particularly in Birmingham following a mass exodus of staff to the NPS in a recent recruitment exercise. (Back to contents)

 

WWM CRC: Warwickshire West Mercia

HMIP are due to carry out an inspection of this CRC at the end of March. It is clear that WWM CRC are anxious about this as they have been briefing staff to accentuate the positive work that they have been undertaking.

The CRC is actively recruiting Probation Officers. Some staff are due to leave following a recruitment drive by the NPS and a skills gap is becoming more evident. The CRC is initiating a recruitment drive and Pay talks are due to start shortly. (Back to contents)

Kent Surrey and Sussex CRC

The original KSS CRC contract has now been extended to include the CRC areas formerly managed by Working Links and new collective bargaining arrangements will shortly be discussed alongside the opening of pay negotiations.The unions priorities are to see the establishment of pay parity across the newly expanded KSS area, urgent remedial action on Workloads and immediate steps to improve the safety agenda for staff and clients and a change in approach from the disrespect that our members have suffered from their previous employer. (Back to contents)

Interserve CRCs

All proceedings with Interserve Justice have been dominated by the dire financial situation of Interserve, their parent company. The company’s plans to de-leverage their debt were rejected by shareholders and early assurances were secured by the probation unions around job security and wages irrespective of the long term future of the CRC’s. This work has involved engagement with the TUC, the Labour front bench team and correspondence with Ministers.

In other developments the Chief Inspector for Probation has published a report on the HLNY CRC which was was given a “required improvement” rating. (Back to contents)

Sodexo CRCs

On workloads Napo has been engaging with the employer to address the ongoing issues across the six Sodexo CRCs. The unions were on the brink of registering a collective dispute but since then substantial steps have been taken to trial a new Workload Measurement Tool and further talks are scheduled.

Engagement on pay continues with Sodexo and at the time of writing Napo are examining the latest HMIP report giving the South Yorkshire CRC a rating as requiring improvement.

Napo are also challenging the situation regarding the intention of Sodexo and other CRC owners to allow the appointment of Probation Officers who do not have the requisite qualifications.

Further news on this issue which is being pursued nationally will follow (Back to contents)

Durham Tees Valley CRC

HMIP inspected the CRC in November 2018. The overall assessment by the Inspectors was that the service “requires improvement”.

Napo continues to press senior HMPPS management that whatever the future structure of probation there must be a role for the ‘mutual’ sector with appropriate resourcing being made available. (Back to contents)

MTC London and Thames Valley

MTC have re-stated their wish to expand their “market share” in probation following the withdrawal of AMEY from their partnership.

Operationally, Thames Valley CRC has recently had its latest HMIP inspection outcome published. This was ‘requiring improvement’. There are recognised challenges in Thames Valley recruiting and retaining staff. There is already direct competition between the NPS and CRC with rumours of various incentives being investigated by Napo Reps. Workloads are very high in the CRC. In London, there are similar challenges around workload, recruitment and retention and professional delivery in any new contract.

Pay negotiations for the 2019 round are due to formally start shortly with the presentation of the joint Napo/Unison CRC claim. MTC have stated they want to pay similar rates to the NPS and progress people through their grade in a reasonable time but this will be dependent upon the terms of any new contracts – stating that doing so on the current terms would mean them losing money on the contracts. (Back to contents)

PBNI

The end of the NNC Negotiating Machinery and National Collective Bargaining agreement has had a knock on effect on pay negotiations for PBNI staff formerly covered by NNC arrangements. The issue has further been complicated by the breakdown of the Northern Ireland Assembly. Northern Ireland Public Sector pay policy is clear. It states that cost of living increases can only be paid in addition to contractual progression where the pay deal is agreed as part of national negotiations. Napo has finally secured payment of the incremental progression for 2017/18 and we are in ongoing discussions to secure a pay deal that is equal to other public sector workers in Northern Ireland.

New PBNI Board: A new Board for the Probation Board of Northern Ireland was appointed in December 2018 Napo held a constructive and positive meeting with the new chair at the end of January covering a wide-ranging number of issues including discussions on pay and terms and conditions. However, we are currently at an impasse with the employer on a way forward to harmonise terms and conditions for the two different sets of staff employed by PBNI. At present one set are employed on civil service terms and conditions (mostly admin staff). The other set remain on NNC terms and conditions (mostly Napo members). We are still at the options stage of how best to proceed with this work. No further steps have been taken but it is clear that the employer preference is that all staff move to civil service terms and conditions in the long term. Talks will continue. (Back to contents)

Cafcass

The NEC heard how top of the list of issues for most Family Court Section members are the consistently high and unsustainable workload pressures they continue to face. Members are telling us how they try to do what they can but are working work long and excessive hours to keep up to date. Cafcass and Napo have recently met to start work on a new workload measurement tool for Family Court Advisers (FCAs). We want to see a tool that clearly tells FCA’s and managers the number of cases they can expect to hold and be able to complete required tasks within normal working hours.

Professional Conference and Section AGM: The section executive committee have decided that we will combine this year’s professional conference with our Annual General Meeting, which will be held in London on 17th September this year.

Pay: FCS members have already been contacted about the so called “interim” pay award, which was imposed without negotiation. Unfortunately, there was no more positive news to bring before the NEC.  The award to local government social workers was 2% but Cafcass say that while they have the funds available to pay 2% they are prevented from making this payment as a simple pay award by MoJ restrictions. Further talks are due to be held soon but napo has made it clear that we will not entertain any suggestions for non-consolidated pay and/or performance related pay.

Section Executive Committee: Following changes to our constitution at last year’s AGM, meetings of the SEC are now open to all members. We are arranging to hold the SEC meetings in different offices around the country and will put a standing item on the agenda to consider local issues, which will normally be scheduled for 4 pm to facilitate local members’ attendance. The next meeting will take place at the National Business Centre in Coventry on Thursday 4th April.

Following some excellent engagement work by Cafcass reps on behalf of members, the NEC were pleased to hear that Napo Cafcass membership is continuing to rise! (Back to contents)

NPS Updates

ViSOR news: Members may have seen the communication from Sonia Crozier this week detailing that there is an issue with the technological side of ViSOR so training is cancelled. We have been told that the ViSOR project will not stop but you can be assured that we will continue to make clear our position that the use of ViSOR as a secondary reporting system will place unnecessary additional workload at a time when our members are already struggling to cope. (Back to contents)

Clarification on standing in elections: Members in most NPS roles at band 1-6 are classified as “politically free” in terms of the Civil Service Code restrictions on political activity. This means that members in these roles can stand for election to Council and Parish Council roles. If you plan to do this you should inform your line manager of your intention and of course of the outcome of the election. Election as a Member of Parliament is different. Members in these bands can be selected as a Prospective Parliamentary Candidate but at the point a General Election is officially called would have to resign as Civil Servants cannot be elected as a member of parliament. Anyone resigning for this reason and then failing to be elected as an MP would be immediately reinstated on the same terms. If you have a query about this please contact Katie Lomas. (Back to contents)

OMiC update: We continue to meet with members of the HMPPS OMiC team. Members will know that Napo continue to make known our objection to the OMiC model. We welcome the keyworking element and believe that this will be an important and helpful addition to the prison regime but the case management model is fundamentally flawed because it builds in inconsistency in the crucial worker:client relationship at the most vulnerable points in the sentence. We also have concerns about the move to give offender management of around 30% of NPS custody cases to prison staff. This is not to suggest that those prison staff are not capable of offender management but if they are expected to do it they must be properly trained and have suitable experience of community OM work so that they understand how to manage risk in the community rather than in custody.

We continue to discuss the issues around workloads for people working in custody. We have asked for more information about the resourcing model and will share more updates when we have this. Finally we continue to discuss the issue of newly qualified probation officers (NQOs) being placed in a prison as their first qualified role. We have asked that the principles we are assured NPS are using be firmed up into a policy to ensure they cannot be varied when workload pressures bite. As a reminder to members the principles are that an NQO will only be placed in a prison where there is an established team of experienced officers and never in a situation where there are already other NQOs or a team new to prison work. Napo maintain that prison is not a suitable first placement for an NQO because most prison teams are small teams where it is difficult to offer the protected caseload and access to a variety of working styles and learning and support opportunities that NQOs need immediately after qualifying. (Back to contents)

SSCL overpayments

The NEC considered the position relating to the “over-payment” problems in the NPS. A separate briefing will follow for branches and negotiations continue with the NPS Pay team.

Essentially, NPS HR say they are under pressure to recover all overpayments as a matter of principle. This has been delegated to SSCL. The majority of cases so far identified relate to previous payroll errors from SSCL, especially relating to the 2017 SOP updates; and disproportionately impact those who were on sick pay, maternity pay or who had otherwise changed their pay in that period. Having had to struggle to make sense of their pay and pension contributions for many months between 2017-18, and thinking these had finally been resolved, some members are now being chased for consequent alleged overpayments - arising from SSCL failing to properly apply the correct sick pay or maternity pay calculations.

Legal advice has been sought and we are tracking the position, whilst also seeking to continue constructive negotiations with the HMPPS. We are advising members impacted to automatically appeal on the grounds that they cannot trust the calculations from SSCL, contacted them and were told it was now ok and settled, etc. We are especially troubled by members who have retired between 2017 and now, who will have neither any access to an appeal or means of paying alleged overpayments without adjustments to their pension.

The NEC have given authority for Napo to enter a formal dispute if this is not resolved to our satisfaction urgently. Members are to be asked to submit details if they have unresolved issues around overpayments so please look out for more news. (Back to contents)

Approved Premises (AP) Double Waking night cover (DWNC) and rota issues

The DWNC continues to be problematic with varied performance from the two providers OCS and Sodexo. HMPPS is now charging the providers for all failures (backdated to the start of contract) including a fines and the actual cost to HMPPS of the cover arrangements. In effect this means that the providers could be in a position where their charges and fines paid to HMPPS are in excess of the income they are receiving. Following a visit to the North West by Katie Lomas, Ian Lawrence and Sarah Friday, our members working in APs are being encouraged to use the official health and safety reporting systems to log any incidents or near misses relating to their work including incidents caused by the DWNC contractors failing to cover a shift or sending inappropriate staff. This includes reporting work related stress caused by the situation.

The AP rota that was supposed to be a model rota changed has caused serious difficulties, not least because the rota makes work life balance almost impossible and does not allow for flexible working arrangements. We have secured an agreement to review the rota starting this month (March) with reference to staff feedback and the HSE guidance on shift work. (Back to contents)

The Professional development agenda

Napo support the efforts being made to offer professional development to staff and to develop the licence to practice and register but we have strongly objected to the description currently being used by the centre of “Professionalisation”. This suggests that our members are not professionals and it is frankly insulting. We have encouraged HMPPS to reflect on this term and to change it. We still await proper engagement on this important subject but a positive development was the announcement of a series of sessions to be delivered as part of Learning at Work Week in May. There will be around 70 events which will be face to face or virtual events delivered on a regional basis with workshops on a variety of topics.  

We have asked for acknowledgement that most NPS frontline staff will struggle to access events when workloads are unacceptably high and have suggested that this is used as a basis for a programme of events to be made available on a rolling basis to ensure it is not just tokenistic but an integral part of our members working lives.

Professional issues remain a focus and a concern across all probation providers. Any reforms to probation going forward need to address these concerns and attract broad stakeholder support from the Magistrates Association to Howard League. Napo will be at the centre of those discussions with both the MOJ and CRCs. (Back to contents)

Training for Napo reps - off to a great start!

The new Napo education programme has started to be rolled out and the first branch has received its training starting with module 1. A number of branches now have dates in the diary for starting the programme and the NEC heard that it is hoped that by the end of the year all branches will have started the Education Programme. The training package covers three modules: Module 1 covers how Napo works, our values, what roles you can choose to do and what support is available, the legal rights and protections that come with being an accredited local Napo representative, and how the branch can work to link collective local negotiations to campaigns. Module 2 covers representing individuals and provides the skills and knowledge on how to help resolve individual employment issues (Module 2 is optional for anyone who completes Module 1) and finally Module 3 will cover collectively developing a new Branch Development Plan and an individual plan.(Back to contents)

Diversity

Women in Napo Conference: we now have around 70 women registered at the time of writing and more potentially to come. Securing facility time to assist attendance from the NPS has encouraged some CRCs to also offer paid time off for attendance and, as always, the event is a great way to inspire and activate women members. (Back to contents)

February was LGBT History Month. To mark this occasion Napo joined together with PiPP (Pride in Prison and Probation) and probation employers to run a series of roadshows across the country. The aim of the roadshows was to provide an opportunity to raise awareness of LGBT issues for both staff and service users. The roadshows proved to be a great success and we have identified key issues that have come out from the workshops that we will now work towards addressing and reflect on how we can encourage employers to take action on LGBT issues.(Back to contents)

Diversity: Napo worked closely with Sodexo on delivering our LGBT Roadshows. Nick Hall the Director of the Northern CRCs and Alex Osler Director for Essex CRC spoke at our event in Newcastle and London respectively. Northumbria CRC also paid for securing Newcastle Football ground to launch Napo’s LGBT Roadshows in Newcastle.

Lammy Recommendations: Napo and UNISON have written a letter to the Probation Minister Rory Stewart. The letter sets out our concerns about the lack of reach of the Lammy Review’s Recommendations (into outcomes for BAME individuals in the Criminal Justice System) and read across specifically for probation. We are awaiting a response from the Minster to our joint union letter. (Back to contents)

Black Members’ Survey: There was a low take up for our survey soliciting the views of Black Members. We have been working with RISE and ABPO to explore ways to increase the response rate. Additionally, we have a date in the diary to meet with the Ministry of Justice so that we can increase the response rate amongst the staff group.(Back to contents)

Health and Safety

Napo attended the UCU working group ‘Safety in Prisons’ meeting in January. This meeting of UCU and RCN, BMA, GMB. UNISON, POA, PCS and Unite unions – all with members who work in prisons have been meeting since last summer.

We have been working on a joint policy statement for the alliance, entitled “Safe Inside Unions in Prison Alliance’” This document outlines our intentions and a number of action points, including H&S systems for all staff, effective communication with unions on risk assessments and safe systems of work, tackling violence in prisons and the targeting of women, preventing exposure to Spice and adequate levels of prison officers.

We have also developed a survey to go to the joint unions prison based members in to find out about their experiences of working in the prison environment. (Back to contents)

Notice is hereby given that the 107th Annual General Meeting of Napo is to be held on Friday 11 and Saturday 12 October 2019, commencing at 10.00 am at the St David’s Hall, Cardiff.

All members of Napo may attend the Annual General Meeting and registration forms will be distributed during June.  A detailed programme and agenda, together with relevant documents, will be sent to all members who return the completed registration form.

Motions to be considered by the AGM may be submitted by the NEC, a national committee, a Probation branch, the Family Court Section, the Forum or any two full or professional associate members of Napo. Constitutional amendments may be submitted by the NEC, a Probation branch or the Family Court Section. 

Motions and constitutional amendments should be submitted on the form provided which is available from Annoesjka Valent at the Napo office at (avalent@napo.org.uk).  Motions and constitutional amendments must reach the General Secretary no later than 12 noon on Friday 16 August. 

Amendments to motions and amendments to constitutional amendments must reach the General Secretary by 12 noon on Friday 27 September. Details of motions and constitutional amendments received will be circulated to members at the end of August.

The Annual General Meeting is Napo’s supreme policy-making body and all members are urged to attend. 

IAN LAWRENCE

General Secretary