Thursday 27 March 2014

Omnishambles Update 41

Yesterday saw another email from Napo HQ sent to all members:-

Dear All

Legal Challenges: As you know, Napo has been in constant dialogue with lawyers about the legalities and rationale (or lack thereof) of TR. As already outlined, the challenge has to have a chance of success and we cannot risk the reputational and financial cost of a hasty or ill-judged challenge. It is frustrating but a trade union’s predictions of chaos and risk (however accurate) does not go far enough because the government will deny it and the challenge is over- that assertion is based on all the advice received so far. There needs to be documentary proof. As TR is rolled out, members may feel it is a bit late in the day but this is exactly the right time to challenge because concrete evidence comes into existence. We met yesterday again with lawyers and members will understand why we do not disclose all of the details of those meetings- this email is certain to get into the hands of the MoJ. As a trade union, we are obliged to raise these issues with government at the earliest opportunity and we have done this in good faith. But, as you know, the government has consistently ignored and misrepresented the concerns of Napo and our sister unions and is pressing ahead with its risky project.


We have provided some of the evidence (and we will be concentrating on this over the next 10 days) but the key evidence has to come from members. We have attached a questionnaire for you to fill out to give concrete and specific examples of issues. This cannot be purely anecdotal because, however real the issue might be, we need hard evidence. This will be used either in a legal challenge or as part of awareness raising in Parliament and the media. Issues of increased bureaucracy, IT, equality, risk, service provision and more all need to be gathered so we can evidence our case.

Questionnaire

Please return your questionnaire to campaigns@napo.org.uk

Justice Select Committee: In the last 10 minutes of the Justice Select Committee, Minister Jeremy Wright was pressed to give answers about a letter provided to the Committee by the Secretary of State. The letter contained untruths about the nature of our dispute with the government and a nonsensical, confused and wholly deficient reference to the TR timetable which is all over the place. The Committee Chair said the timetable was completely confused. It was an embarrassing time for the government. TR is not a done deal. Not by a long way. We’ll be able to provide a more detailed write up tomorrow along with some updated information about Pensions.


Industrial Action: As with legal action, industrial action is ongoing, subject to members agreement. We are part of a wide movement across the justice sector. The tweet of the day comes from Sam Parham, Barrister at Garden Court Chambers, “Prison book ban, legal profession walk out, probation on strike, private prisons in chaos: Grayling’s out of control- his time at MoJ is up.” Napo members are holding rallies and forming picket lines to say, with as loud a voice as possible, we are not going down without a fight. For an uplifting sense of solidarity, click on the link below to see why determined and passionate Napo members in all different branches are taking action.

http://naponewsonline.org/2014/03/26/why-im-striking-by-napo-members/

A big thank you to all those who sent in messages of solidarity. Napo’s Officers and Officials will be joining members on picket lines and at rallies up and down the country.

TOM RENDON   IAN LAWRENCE

National Chair    General Secretary


Once more we have a statement from the Napo top table that obfuscates on the legal position, and I just don't buy all this guff about 'not letting the MoJ know' what we're up to:-

Legal Challenges: As you know, Napo has been in constant dialogue with lawyers about the legalities and rationale (or lack thereof) of TR. As already outlined, the challenge has to have a chance of success and we cannot risk the reputational and financial cost of a hasty or ill-judged challenge. It is frustrating but a trade union’s predictions of chaos and risk (however accurate) does not go far enough because the government will deny it and the challenge is over- that assertion is based on all the advice received so far. There needs to be documentary proof. As TR is rolled out, members may feel it is a bit late in the day but this is exactly the right time to challenge because concrete evidence comes into existence. We met yesterday again with lawyers and members will understand why we do not disclose all of the details of those meetings- this email is certain to get into the hands of the MoJ.

There is a bit of a theme developing here as the cost of going for Judicial Review is mentioned yet again. I don't like knocking Napo when we're in a fight for survival, but this blog is not going to drop this issue until we get a clear and unambiguous statement on the issue of Judicial Review of the 2007 Act, especially in the light of a recent unsolicited offer of legal assistance. 

I notice that yesterdays Prisons Special highlighted yet another appalling aspect of the TR omnishambles that we haven't covered in much detail so far, that of the relationship between client and officer and it's heartbreaking:-

Yesterday, the mother of a lifer (murder) rang me and cried when I told her I would no longer be working with her son. She told me how much he liked and trusted me and asked if she could still stay in touch. Later the same day, I had to tell an IPP licence client that I'd seen through oral hearings etc that I wouldn't be working with him anymore and I didn't know who would. He cried and thanked me for all my help. Today a visited a young man in prison who I've managed to secure an AP bed for. He was so delighted, shook my hand and asked me if I would go to the pub and have a game of pool with him when he came out. I was supposed to tell him I was transferring him. I couldn't bring myself to do it.

***************
It's soul destroying. I told one of my clients he was being reallocated and all he could say is 'why are you leaving me'? I didn't even know what to say. This process is so destabilising for the people we supervise and they seem to be the last people that the government have considered in all this.

**************
I've been supervising a client on and off for around 3 years. It would be fair to say that our relationship at times has been 'strained', however, we do have an understanding that I am more understanding of his FTA' than I am of his re-offending. He's been offence AND drug free for about 4 months, a big achievement, but has just been given a Curfew for a minor offence but one that occurred with a peer he has offended with and used drugs with in the past. I recommended a 'split' curfew, both during the day and all night. He was not happy about the mid afternoon one but said that he understood why I had done this and recognised that I was only trying to keep him away from said peer.

He did say that boredom was an issue as his parents both worked during the day and at night he just stayed in his bedroom as his relationship with his parents is still strained and he identified arguing/stress as a trigger to his drug use. I went, and out of my own money, purchased him a game for his Playstation as this is something he enjoyed doing and identified as a protective factor. The game was second hand, only a few ££'s and IMO not a big deal. The effect it had on him when I dropped it off was massive and he was close to tears when I explained why I had done this for him. Things like this make a difference to how people respond to us. I have no idea if he will remain offence/drug free, what I do know is that we now have a better working relationship and it's less likely that he is going to call me a 'fucking arsehole' and 'I want a new Probation Officer'.


It's these little things that make a difference and which will be missing come June :( It actually makes me quite upset to think about it.

*****************
I gave a young, vulnerable female client a Freddo when she came for an appointment on her birthday. It cost me nothing, another colleague had given it to me but it's monetary value was 10p. Her face lit up and she was delighted, she said she loved chocolate but couldn't afford it. She was a poor attender, after the Freddo, she wasn't. A little bit of kindness goes a very long way.

Finally, having been put through the agonies of the split, the NPS has starting advertising jobs:-

Applications are invited for a range of job vacancies in the new National Probation Service (NPS). 

Over 160 roles are available across the seven NPS divisions and at headquarters, following the allocation of existing Trust staff to new roles in January. They include a variety of roles in grades ranging from administrators to managers. 

Applications are being requested from existing probation staff – regardless of whether they have been assigned to the NPS or a Community Rehabilitation Company (CRC). 

The roles are initially being competed to probation staff only. If any vacancies remain unfilled, a wider recruitment campaign will take place. 


The posts were advertised on EPIC on 25th March 2014 and applications will be made via CV and a letter outlining how you meet the person specification. A range of ICT roles will be advertised in early April. 


Those successful will transition into the NPS on June 1st as part of the staff transfer scheme and will become Civil Servants but remain on probation terms and conditions. Probation continuous service will be retained. 

Roles vary between the divisional teams and headquarters. Posts have been job evaluated and are on a range of probation bands from Band 2 to Band B. 

NOMS Director of Probation, Colin Allars, said: 

“There are a wide variety of exciting opportunities to work in the National Probation Service currently. 

“The new roles will play an important part in establishing the brand new NPS organisation during the critical first few months and years. They are open to staff regardless of their previous experience in that kind of role. 


“I would urge any member of staff who is interested in a change of role or in working in the new NPS to register their interest with their regional recruitment lead. There is no obligation in doing so.” 

Any staff interested in finding out more about the available roles or who would be interested in applying, should contact: 


29 comments:

  1. Presumably napo will keep an audit of the increased number of NPS/NOMS jobs and salaries as NOMS seeks to expand its empire.

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  2. I found the comments about transfers of clients very moving - and completely reflective of my own experience. I am a PO bound for the CRC and will be losing approximately 70% of my current caseload - many of whom I've worked with for 5 years and more. Some have been forewarned, because I could see which way things were going and thought they would cope, but there are others I simply don't know how to tell. I have two lifers, who've made great progress in recent years, to the extend that I would probably be recommending release on life licence at their next parole reviews. However, I have real concerns that their confidence in their own abilities to cope in the community would evaporate with this news. If it does, they'll remain in prison for at least another couple of years while they rebuild the working relationship - if they can, with an NPS PO who is buried under a pile of paperwork.

    How much is that extra time in custody going to cost the taxpayer? This all needs to be added to Grayling's account for TR.

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  3. 63 jobs on the epic website yesterday, most being "new nps" positions, and many sounding very similar, i.e monitor,control, measure, etc. Many at premium rate too!

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    1. Only 63? Those oldies amongst us will have been here before with the late unlamented National Probation Directorate back around 2001. It must be a characteristic of these reorganizations that they spawn shedloads of management non-jobs whilst neglecting the front line core tasks. Any time now we'll probably see the new New Choreography - or is that already here as TOM thinkofanumber?

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  4. Went to tr briefing this week - presumably a national briefing? Heeheeheeheeheeheeheeheeheeheeheeheeheehee. It just aint funny, folks. It beggars belief that this is actually happening. I had to pinch myself more than once.

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  5. Off topic but ref 22.12 yesterday - I recognise the scenario described in the court I work in even to the point where the cps, defence and legal adviser are arguing amongst themselves in public. It feels embarassing to see the mess our justice system is descending into. Defendants wait for hours for their cases to be heard only to be told at the end of a long day they have to come back again. Those who are self employed are angry because they lose money. Those who are employed are afraid they are going to lose their job. Those on benefits have paid a substantial chunk of this to travel across the county because their local court has closed. If we can see the mess and chaos so can they. If the system cannot get its house in order with adequate resourcing which negatively affects them why should they bother? Any potential bidders reading this blog - take a trip to your local court and observe for a day the reality (not the bullshit corporate-speak) of the complexities of the criminal justice system. Processing inanimate objects on a conveyor belt it is not.

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    1. And anyone in an office when potential bidders come around to see what they might be buying could be forgiven for having loud conversations on a similar theme...

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  6. http://www.epsomguardian.co.uk/news/11104055.Damning_report_says_2013_has_been_a__dreadful_year__for_High_Down_prison/

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    1. A damning new report into High Down prison has revealed a prison "pared to the bone and beyond" where staff cuts have sparked safety fears, undermined rehabilitation, and left prisoners spending very long periods locked in their cells.

      The report by the Independent Monitoring Board (IMB) said: "2013 has been a dreadful year for High Down. The many changes, most outside the control of anyone working within it, have produced an unhappy prison for those that live and work within its confines."

      Its findings closely mirror complaints to this newspaper in recent weeks by worried ex-officers at the prison, on the border between Banstead and Sutton, and relatives of prisoners who insist the prison has reached crisis point - claims repeatedly rejected by the Ministry of Justice (MoJ).

      "The sight of empty classrooms is one of the most dispiriting aspects of the prison," according to the report, casting a major question mark over the Government's much vaunted policy of bolstering rehabilitation as a way of driving down reoffending.

      This week the Government was attacked on regulations, introduced in November, which prevent people sending books to prisoners.

      Mr Grayling has insisted that the changes have been brought in to encourage prisoners to use prison libraries or to earn money to buy books. But in the case of High Down, staff shortages have resulted in prisoners being kept in their cells, unable to access the library.

      The report, published last Tuesday, March 18, asked: "Has the minister truly taken on board the effects that these cuts will inevitably make on the avowed policy of reducing reoffending?"

      And the IMB made clear that this is a national state-of-affairs in prisons across the country because "no one outside the prison service can understand quite what these changes have meant".

      Asked to respond to the report and what is happening inside the prison, Epsom’s MP, Chris Grayling, Secretary of State for Justice, once again refused to comment.

      But the ex-prisons minister and Banstead MP, Crispin Blunt, said he was so concerned that he intends to go into the prison as soon as he can to find out what is happening.

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  7. I read the article above and Crispin Blunt should have expressed his concerns when it came to parliamentary votes on TR - as he has consistently voted in favour of Mr Graylings reforms. However, having had the pleasure of Mr Blunt sit in on a SDR interview with me, I wouldn't have expected anything different; I will never forget his response when, in closing down the interview, I asked him, "does the minister have any questions he would like to ask of Mr...." ? After 90 minutes of a grueling and challenging interview regarding serious controlling almost sadistic behaviour, victim blaming, minimization, violent and verbal abuse in front of children, and total disrespect shown to his victim, the them MoJ stood up, shook the clients hand and asked what regiment he served in? I was bewildered and exasperated in equal measure.

    The concerns re HMP High Down maybe his concern is due to this prison being in his own constituency,,,is that being too cynical?

    The trusts have not helped......and something I have suspected for a long time came to the fore last night during an early bird evening meal with two friends and colleagues, who unlike me, are both of the Senior persuasion. It became apparent that there are gross inequalities around, and money being squandered. For example, I had noticed the proliferation of 'family first type orientated projects' springing up all over the place, although most of my caseload do not meet the criteria for inclusion, for additional support and resources. Seems one City office has 3 people seconded to one of these partner organisations, one person has a caseload of 4 families, and guess what, the worker has never come face to face with anyone from those families. I understand a near miss occurred, just as a planned contact was made, another agency stepped in and the worker was able to tick the box, which effectively said, job done and claimed a 'success'. Reminds me of all those work programmes, who call you out of the blue and ask if you could send them a copy of a clients payslip, as evidence that whilst their name was on their books, they successfully secured employment. Unless, the project was instrumental in securing that person work, I generally decline their request for evidence. Now I am sure there are some really good projects out there, but my experience is that it is all about success by numbers, and it does not really matter if the person claiming they have made a difference, ever spoke to or interviewed the client. Staggering.

    I have yet to undergo my TR training but I was also surprised to hear the Risk Screening tool, is a rather simple and blunt instrument; that there are clear cut off's in terms of CRC and NPS (with NPS getting all Mappa, all HR, all Immigration etc etc) and is for those who represent the 'not sures', it is unlikely to take the 40 mins suggested, but make no real change to the information court duty colleagues take and chase up now.

    Currently on leave, so keeping up with the blog and I too share the sense of sadness expressed by previous contributors, regarding the breaking down of working relationships; truly wicked and this Government should be ashamed.

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    1. Seriously, " make no real change to the information court duty colleagues take and chase up now",,,as a court PO who has done the TR training and tried to use the damn forms please be assured it will take substantially more time ( every one of the 40 minutes), divert resources needed for reports and to answer court queries.This is the view of my whole team who are incensed about this. Really!!!!

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  8. An interesting concern about the possible, perhaps likely introduction of Polygraph tests has shown up on the Napo Forum - we need also to keep abreast of such developments - sadly we failed to successfully influence the introduction of computerised assessments - maybe we did not believe we could?

    http://www.napo2.org.uk/phpBB3/viewtopic.php?f=2&t=593

    Also, I have posted a copy of the Survey 'front sheet' Napo are asking practitioners to complete to report the sort of difficulties about TR that are being mentioned in this still excellent blog.

    Greater London Branch - suggest by using it we can 'blow TR out of the water' - I very much hope so.

    http://www.napo2.org.uk/phpBB3/viewtopic.php?f=2&t=594

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  9. I think we can see clearly now that the attack on Probation Is part of a wider and global attack on the Public Sector across the glob. Teachers were out on strike yesterday in the UK, Argentina and Iceland, they are facing privatisation just like us and in the UK social services will be next.The NHS is being broken up and sold off at a rapid pace. If we continue to fight alone we are sunk, it's the same attack by the same people so we need to organise together. NAPO needs to wake up as do all of the the Public Sector unions. We need a one day strike of all the public sector and we need to educate the public into what is really happening; the Welfare State is being smashed and privatised. This has been planned for 20 years and now is the time for the culmination of that plan.

    Papa

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    1. 1 day strikes not enough. It needs to be orchestrated and sustained withdrawal of labour & not just public sector either.

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  10. A huge chunk of Doncaster Children's Services, already privatized, and seemingly, not doing very well.

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  11. All those still interested in bidding for government contracts should read this. Out you go! Reputation destroyed and your profits handed back!

    http://www.managementtoday.co.uk/news/1287499/atos-ditched-its-500m-benefits-contract-outsourcer-bites-dust/

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    1. Lawyers have called off their strike action.

      http://www.theguardian.com/law/2014/mar/27/barristers-call-off-walkout-deal-legal-aid-cuts

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    2. Barristers are to call off their industrial action over cuts to legal aid after reaching a deal with the Ministry of Justice.

      Details of the agreement, due to be disclosed later on Thursday, are understood to involve suspending some fee cuts until at least next year in order to help poorly paid junior barristers.

      MoJ officials and the leadership of the Criminal Bar Association met late on Wednesday evening. The barristers' decision to call off their action will not affect a two-day walkout by criminal solicitors scheduled for next Monday and Tuesday.

      The MoJ and the criminal bar are understood to be negotiating further over the level of fees in complex fraud cases, known as VHCCs, or very high cost crime cases.

      Criminal barristers joined solicitors in two mass walkouts, one in January and another earlier this month, that disrupted cases in magistrates and crown courts across England and Wales.

      Responding to news of the deal, Nicola Hill, president of the London Criminal Court Solicitors Association, said the decision of the justice secretary, Chris Grayling, "to divide and rule the legal profession is a desperate move. He has struck this 'deal' with the bar just days before two pillars of the justice system, solicitors and probation staff, are about to walk out over two days, causing major disruption to courts around the country.

      "He is clearly starting to understand the extent of the anger and frustration running through the core of the entire criminal justice system thanks to destructive cuts and overhauls. As all legal professionals have said time and again this slash and burn approach affects not just the professionals but, more importantly, justice."

      "He is clearly starting to understand the extent of the anger and frustration running through the core of the entire criminal justice system thanks to destructive cuts and overhauls. As all legal professionals have said time and again this slash and burn approach affects not just the professionals but, more importantly, justice."

      She said the association took heart from the "minor concessions" Grayling had made towards the legal aid bar and solicitors: "They are something. But for the thousands of solicitors who are struggling to keep their firms going, who feel they can't deliver a service they went into the profession to provide, this is not enough.

      "Chris Grayling has told solicitors that we didn't complain hard enough. This confirms he listens only to action that hurts the courts. We understand that message. Our action will continue."

      Lawyers have been careful to avoid describing the action as a strike because that would raise complex questions over their contractual obligations to the Legal Aid Agency.

      The walkouts were in protest at the decision by Grayling to make savings of £215m from the annual criminal legal aid budget. Some fees were due to be cut by up to 30%.

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    3. We covered the article on Atos and why outsourcing is in a mess from Management Today in the Bidders Special here:-

      http://probationmatters.blogspot.co.uk/2014/03/bidders-special.html

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  12. TO: Branch Chairs, Vice Chairs, Secretaries & Convenors

    Dear Colleague,

    We have heard this morning that the CBA representing the barristers have reached agreement with the Secretary of State on a revised fee structure. Whilst we have no details at the moment the purpose of this circular is to confirm that the CBA were not intending to be involved in the joint action with Napo/Justice alliance action next week. Our sources inform us that the solicitors feel outraged at this development. As such they have advised Napo that they are as determined as ever to make a stand and continue with our planned joint action next week.

    Yours sincerely
    Ian Lawrence
    General Secretary

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    1. This email now sent to all members as of 15:29. It's interesting to see what concerted action achieves - I'm not aware any barristers avoided taking action twice, whereas Chris Grayling has said that solicitors 'don't complain loud enough. A strong message there I feel for the joint action planned with solicitors next week.

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    2. Let's hope we can wrong foot Grayling with those characteristics he clearly struggles to comprehend - passion, integrity and conscience.

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  13. Durham Tees Valley find out tomorrow about staff moves.

    If they were not already demoralised enough....

    I can see tears before bedtime!!

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  14. Poor colleagues there, they really have been through the mill. Try to keep positive!

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  15. I cannot see this improving professional relationships. Apparently they have a mutual bidding for the CRC work. Good luck with your happy staff; I hope Reg Vardy has a lot of money and does not mind the reputational damage.

    Remember G4S, ATOS, Serco etc. Toxic brands now.

    Don't say you weren't told.

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  16. Leicestershire has already moved teams and looking to divide cases, not good.

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  17. I had my TR training this week and have some real concerns about the vulnerable position the bidders will be in. Do they realise that the main part of their business they have no control over? Relying on NPS staff to correctly allocate to CRC. If I were a bidder I would want some remuneration written into my contract for the occasions when this goes wrong as it will take time and resources to correct. Also, are bidders aware that the cases suitable for NPS / CRC can be changed by the government changing the offences listed on Schedule 15 (again) thereby making them MAPPA or not? Have they seen the case studies used in the training? I would certainly be asking to see these before putting in a bid!! Rapists, theft from person including use of weapon, the list goes on - all in CRCs! Also, the escalation of risk tool needs to be completed by someone who knows what they are talking about in terms of risk - it is going to cost them to employ such individuals. All I can say is bidders beware.

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  18. I think this is worth flagging up. It's food for thought, and maybe NAPO might like to comment on it too.

    http://www.legalfutures.co.uk/latest-news/accusations-fly-cba-deal-shatters-legal-aid-unity

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    1. Lawyers are capable, if not more capable, than most at smelling a rat and Grayling is certainly not averse to underhand tactics including attempting to divide his opponents. We can be sure he is cooking something up for next week as a counter offensive and will see any weakness as vindication of TR plans. We need to make sure everyone is out on strike.

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