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While a public consultation on this subject is positive in and of itself, in this blog I will take a closer look at the MoJ's proposals and examine how different they truly are to the current system.
Our research shows that the voluntary sector is under represented, under pressure and under resourced in the delivery of probation.
It is reassuring to see the government recognise this in their consultation document. They also acknowledge our findings that charities in supply chains have had to adapt services or subsidise them with other charitable funds, undermining their quality and sustainability.
The proposals state that future arrangements will be much clearer about the services probation providers are required to deliver, where they may seek to commission , and where they should seek to influence the delivery of other local services.
This is welcome and should help to address the confusion about what could and should be funded by probation, which our research found was leading to disinvestment in voluntary sector services from other sources.
They also state an intention to set out a clearer role for the voluntary sector and better facilitate its involvement in the design and delivery of probation services.
This is particularly welcome. As the proposals rightly acknowledge, the type of support required to stop an individual offending varies from person to person.
In many cases the underlying causes of offending are complex - homelessness, unemployment, mental ill health, substance misuse - and require additional specialist support - support which the voluntary sector has a proud history of providing alongside probation services, long before Transforming Rehabilitation was even a twinkle in Chris Grayling's eye.
There is, though, a potential contradiction and risk in the language used in the proposals. In many cases, what is core to supporting a person's desistance is far more complex.
The need for services that respond to that complexity must remain central in the development of these proposals, as well as consideration of how probation can secure access to them.
It will be vital, as the new contracts are developed, to ensure that these additional but nonetheless essential services are properly enabled to support offender management.
The consultation itself does recognise this and asks how the MoJ can better engage voluntary sector providers in the design and delivery of rehabilitation and resettlement services for people in the community.
It is welcome that the MoJ is asking this question openly of the voluntary sector and recognises the value of co-designing commissioning and partnership working arrangements.
They briefly set out some potential future models for this - such as separate frameworks or dynamic purchasing systems at national and regional levels - but the detail is lacking.
Given the experience of many organisations under the current system, as well as recent experiences of the commissioning of families services and the current education contracts commissioning process , significant assurances will be needed by many in the voluntary sector that the lessons of the past will be learnt and applied.
The proposals also involve reducing the number of contract package areas from 21 to It will be essential that consideration is given to the impact this might have on contract size, voluntary sector involvement and the provision of specialist and localised services.
There is also little attention given to those voluntary sector organisations who are in current supply chains and will inevitably be asking what all this means for them and what transition arrangements will be in place for their contracts.
Clinks has been advised that organisations in this position should discuss this with the relevant Community Rehabilitation Company CRC. However, we would also be keen to know of the challenges and issues that you are encountering.
In addition to setting out plans for working more closely with partners and involving the voluntary sector, the proposals include a range of significant changes to both how probation services are delivered and how they are contracted.
While criminal justice is not devolved to the Welsh government, prison and probation services are configured slightly differently in Wales and many related policy areas such as health, housing, social welfare and education are devolved.
As the consultation highlights, this presents a fundamentally different delivery landscape in Wales and distinct partnership arrangements already exist to join up the delivery of rehabilitation and resettlement services.
The Ministry of Justice is therefore proposing an alternative delivery arrangement whereby the functions of the CRC and NPS will be integrated into a single organisation with responsibility for all offenders.
Additional services that support rehabilitation and resettlement will then be put out to tenders to enable a range of providers and voluntary sector organisations to compete to deliver them.
This will likely extend beyond the kinds of support services described above to core parts of sentence delivery such as unpaid work schemes and accredited programmes.
The proposals recognise that local landscapes are evolving and that probation services could be better aligned to regions with greater devolved responsibilities.
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