Reforming Probation: Protecting the Private, Failing the Public

Lol Burke, Liverpool John Moores University and Steve Collett, former Cheshire Probation Chief Officer and Honorary Fellow Liverpool John Moores University

At a critical research seminar for the Centre for the Study of Crime, Criminalisation and Social Exclusion in February 2019, we discussed the damage done by the outsourcing of probation services under the Government’s Transforming Rehabilitation initiative. In our book, Delivering Rehabilitation, we predicted its failure, not out of any great intellectual insights or skills of prophesy but because it simply did not make practical or organisational sense. The announcement then in May of the Government’s response to the Strengthen Probation, Building Confidence consultation therefore seemed an encouraging step in the right direction. It was widely reported in the media as marking the renationalisation of the probation service. The return to an integrated model of probation supervision was viewed by many as the death knell for Chris Grayling’s ideologically-driven transforming Rehabilitation strategy published in 2012, which has been laid bare by the evidence-based criticism not only of partners and stakeholders involved in delivering criminal justice rehabilitation but by the combined onslaught of the Public Accounts Committee, the Justice Select Committee, the National Audit Office and the Her Majesty’s Chief Inspectorate of Probation. In her final annual report as HM Inspector of Probation, Glenys Stacey went as far as to describe the current arrangements as being ‘irredeemably flawed‘.

Government Duplicity

In our view, there is a level of duplicity in the Government’s response to the Strengthening Probation, Building Confidence Consultation document as was outlined in the Guardian’s excellent leader ‘Payment by unmeasurable results is a privatisation beyond satire’ (The Guardian, 17 May 2019). Whilst the current Justice Secretary, David Gauke, accepts that the allocation of those under supervision (based on measures of risk) between the public sector National Probation Service and private sector Community Rehabilitation Companies (CRCs) has been disastrous, leading to bureaucratic inefficiency, loss of sentencer confidence and ineffectiveness in protecting the public from serious crime, his vision for the future retains a public/private separation of key elements of supervision. In effect, the private sector will be handed, on our estimation, about 35% of the total resources available for the delivery of accredited programme interventions and unpaid work. The Government’s response claims that ‘[p]rivate and voluntary sector organisations have demonstrated their strength in delivering interventions’. However, HM Inspectorate of Probation’s analysis of the availability and delivery of interventions found that sufficient interventions had been delivered in less than half of the cases in which it was deemed a priority and that the support provided by contracted providers was less likely to be judged sufficient for supporting the desistance of service users and the safety of other people compared to arrangements that were partnership based.

Gauke’s Plans

The new regional structure for probation services will do nothing to improve sentencer confidence, it will maintain bureaucratic duplication and inefficiencies and, most importantly, it will frustrate cooperation and partnership at the local level that is essential to effective rehabilitative endeavours with those who offend. We can also be sure that those small, local voluntary and community sector organisations who can offer so much in the way of innovative help to individuals in trouble, will be squeezed out by the large private sector Innovation Partners unless they can contribute to the profits of these global players. As the Guardian leader so aptly remarked, ‘It looks as if ministers are trying to recycle the ideology in a new form while pretending to be doing something more strategic’.

Gauke’s plans are, in reality, a return to the vision outlined in New Labour’s Carter Report which began in earnest the desire to split probation between the public and private sectors through a process of contestability whereby the Probation Service would have to compete with the private sector for contracts. Since then, probation has been ill served by a succession of Labour, Coalition and Tory administrations. Grayling was simply the worst of a long line of ministers who failed to understand the complexity of helping those who offend whilst protecting the public from serious, conventional crime.

A Different Future

Instead of listening to the siren voices of the global service industry, the Justice Secretary would be better served by listening to those front-line staff, those subject to their supervisory oversight, and informed stakeholders, all of whom have been ill-served by the on-going debacle of probation ‘reform’. There is currently a national shortage of professional probation staff, especially those mainly responsible for more complex and demanding casework (probation officers) and many of those leaving the service have left the profession itself. High workloads and the overriding need to meet transaction-based performance targets have led to professional standards being compromised and in what has been a series of damning reports, HMI Probation reported that professional ethics had been compromised, and ‘immutable lines crossed because of commercial pressures’.

In addition, there is some evidence that deepening cuts, precarious working environments, and increasingly unmanageable caseloads amount to ‘a pervasive form of systemic workplace harm, resulting in mental health issues, stress, and professional dissatisfaction’. Moreover, the authors go on to claim that this ‘is symptomatic and reflective of a deeper underlying cause: namely, the profit motive that underpins the privatisation of public service work’. In this respect, Strengthening Probation: Building Confidence can be viewed as yet another example of the neoliberal mindset as applied to the criminal justice system which has been reinforced by the wider politics of austerity. Taken together, they have further reduced the capacity of the criminal justice system to protect the public, undermined trust in sentencing, fundamentally weakened supportive elements of civil society and diminished professional occupational cultures to make positive interventions into the lives of those sentenced by the courts (Burke and Collett, forthcoming).

References

Burke , L. and Collett, S. (forthcoming) ‘The Gift Relationship: What we lose when rehabilitation is privatised’ in Bean, P. (ed) Privatisation and Criminal Justice. Abingdon: Routledge.
The Guardian (2019) Payment by unmeasurable results is a privatisation beyond satire. Published 17 May.

 

 

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