Probation: Justice Committee “unconvinced” that Transforming Rehabilitation reforms can ever deliver effective or viable probation service

The Justice Committee is unconvinced that the Government’s programme of reforms can ever deliver an effective or viable probation service, says a critical Report published today following an eight-month inquiry.

In 2014 and 2015 the Government introduced major structural changes to the probation system, known as Transforming Rehabilitation (TR), which included reforms to who delivered probation services and what was delivered as part of probation. 

In today’s Report, the Committee examines the many serious issues that have arisen as part of TR and proposes a range of short and medium-term solutions. MPs conclude that the scale of the issues facing the sector is of great concern given evidence suggesting that if probation services are delivered well, they can have a positive impact on both individuals receiving probation support and wider society. The Committee welcomes some steps taken by the Ministry of Justice to respond to the issues facing the sector.

In the Report, the Committee:

• Raises serious questions about the MoJ’s reluctance to challenge over-optimistic bids and its ability to let contracts;
• Criticises the Ministry’s constant renegotiation of CRC contracts (while welcoming the Ministry being open to the idea of terminating contracts due to poor performance)
• Welcomes the Minister’s determination and drive to increase CRC performance;
• Assesses CRC performance in reducing re-offending as “disappointing”;
• Notes that it is unclear how the MoJ is tackling underperformance on a day-to-day basis;
• Calls for a swift resolution to the problem caused by the two-tier system of splitting offenders between the NPS and CRCs, which has complicated service delivery;
• Finds that the Government has failed to open up the probation market, with the voluntary sector less involved in probation than they were before the TR reforms;
• Expresses concern that staff morale is at an “all-time-low”;
• Finds it “extremely worrying” that sentencer confidence in community alternatives to short custodial sentences is so low;
• Welcomes the Secretary of State’s announcement that short custodial sentences should be a “last resort”;
• Criticises Through the Gate support as “wholly inadequate”;
• Expresses concern about continuity of supervision, remote supervision by phone, and meaningless work under unpaid work orders; and
• Finds it unacceptable that any local council has been able to deem an individual who has served a custodial sentence as making themselves intentionally homeless – leaving many to live on the £46 discharge grant for several weeks.

The report recommends that the MoJ must initiate a review into the long-term future and sustainability of delivering probation services under the models introduced by the TR reforms, including how performance under the TR system might compare to an alternative system for delivering probation. The Committee calls for the findings of the review to be published by 1 February 2019.

Chair of the Justice Committee, Bob Neill MP, said: 

“Transforming Rehabilitation was designed by the Government to improve the way offenders are managed in the community and reduce reoffending. The TR reforms had some laudable aims but these reforms have failed to meet them. We are unconvinced that TR will ever deliver the kind of probation service we need. 

“There are major questions to be answered on a whole range of issues including the support people get when they leave custody, the performance of probation providers, contracts with CRCs, poor staff morale and the involvement of the voluntary sector. This has a negative impact on the number of individuals who go on to reoffend. Hard working and dedicated staff are doing their best with a probation system that is currently a mess.

“We have heard first-hand the impact that the current probation system is having on those that are receiving probation services. It cannot be right for an individual to leave custody with £46 to last them a number of weeks, nowhere to live and no job. A cross-Government approach needs to be taken to remedy this situation and I welcome indications from the Minister that the Government know they need to do more to resolve some of these challenges.

“We are calling on the MoJ to undertake a thorough review of the reforms. Given the issues which have arisen due to the speedy implementation of the TR reforms and lack of piloting, any new model must be thoroughly planned and tested. Ministers have to get this right.” 

Key conclusions and recommendations: 

• Contracts: There are serious questions about the Ministry of Justice's reluctance to challenge overoptimistic bids and its ability to let contracts with Community Rehabilitation Companies (CRCs). There should be more transparency on the changes made to contracts and what the Ministry expects to get in return for additional funding negotiated by providers. The Ministry’s constant renegotiation of CRC contracts is criticised but it being open to the idea of terminating contracts due to poor performance is welcomed.  
• Provider performance: CRC performance in reducing reoffending has been disappointing. The payment by results mechanism does not provide sufficient incentives to providers to reduce reoffending, but CRCs should not carry full responsibility for poor performance. The Ministry of Justice should review the payment by results mechanism and set out where it should be amended. 
• NPS-CRC split: Offenders being split between the National Probation Service (NPS) and CRCs according to their risk of harm has complicated the delivery of probation services and created a "two-tier" system. Despite attempts to resolve this, co-ordination problems remain. A swift resolution is needed and there should be a review by HMI Probation of how offenders should be distributed between the NPS and CRCs, and to investigate the impact of changing offender risk and how the NPS and CRCs manage this matter. 
• The voluntary sector: The Government has failed to open up the probation market, a key aim of when it introduced the TR reforms. The voluntary sector is less involved in probation than they were before the TR reforms were implemented, which is of deep concern. The Ministry of Justice should publish more information on probation supply chains and consider what benefits might be gained from reintroducing targets for voluntary sector involvement. 
• Staff: Morale is at an "all-time low" and staff have high caseloads. In some instances, they are handling cases for which they do not have adequate training, and they feel de-professionalised. The Ministry of Justice should publish a probation workforce strategy, which covers staff in the NPS and CRCs. 
• Short custodial sentences: Sentencer confidence in community alternatives to short custodial sentences is worryingly low, particularly as the latter have worse outcomes in terms of reoffending. The Government should introduce a presumption against short custodial sentences. 
• Through the Gate (TTG): The current Through the Gate support from custody into the community is wholly inadequate and the Ministry of Justice should review the purpose of TTG and the support it provides to offenders.  
• Types of activities and frequency of contact: Evidence following the TR reforms suggests that some CRC providers supervise their offenders remotely, over the telephone. Kiosk meetings are never likely to be appropriate and telephone supervision should only be used in exceptional circumstances and not in isolation.  
• Specific needs of offenders: The issues facing offenders on probation are not solely for probation services to resolve, and therefore a cross-Government approach is needed and organisations need to work together.  
  Given the strong links between homelessness and reoffending, it is unacceptable that any local council has been able to deem an individual who has served a custodial sentence as making themselves intentionally homeless. The Government should amend its guidance for Local Authorities. 
  Currently offenders cannot apply for Universal Credit until they are released from custody. The Ministry of Justice and the Department for Work and Pensions should enable offenders serving custodial sentences to apply for a Universal Credit (UC) prior to their release from custody so that they receive UC on the day of release.  
• Long-term future of Transforming Rehabilitation: The Committee is unconvinced that TR can ever deliver an effective or viable probation service. The Ministry of Justice should initiate a review into the long-term future and sustainability of delivering probation services under the models introduced by the TR reforms, including how performance under the TR system might compare to an alternative system for delivering probation.