So the National Offender Management Service is no more, to
be replaced by Her Majesty’s Prison and Probation Service. Is it a rebadging of what is perceived as an unloved and unlovely bureaucratic monster with a more transparent and
comforting title? Or a more significant shift in responsibilities which will lead to real change?
There are undoubtedly highly positive elements in in the Truss
reforms; long overdue investment in staff not only of resources but
professional training and status. There will be a greater focus on women in the
criminal justice system- much needed although we’ll have to see whether adding
the responsibility to an existing role will bring about the far reaching reforms
that are urgently required.
For some in the probation world, the hope of a quickie divorce from their
forced marriage to prisons has been dashed although the new arrangements could lead
to a conscious uncoupling in due course. Much depends on the review of the
reformed system which will report in the spring.
But what of prisons? The Prison Safety and Reform White Paper makes no mention of replacing NOMS. It’s in the design of the reformed
prison system in paragraph 68. HMPPS will be an Executive Agency like NOMS. It
will continue with the core of its business – managing prisons -but be stripped
of its role in commissioning services, making policy and it seems monitoring
performance. From April these functions
will move to the Ministry of Justice. Agreements
between individual prisons and the MoJ will also come into play although in an
unpromising start, the Prison Governors Association have advised their members not to sign them. Despite the White Paper’s promise of negotiation, there
apparently hasn’t been any.
Although the new arrangements promise clarity, there are still
many questions. Is it sensible to split commissioning and contract management
between the MoJ and HMPPS? Where will
Electronic monitoring fit? And where will the line on policy development be
drawn? The Prison service instructions introduced last year included guidance
on preventing corruption, the interception of communications, faith and
pastoral care for prisoners, searching of cells and the care of transgender
prisoners. We have been promised a bonfire of these instructions although
almost all look important and most essential. Some may be better informed by
policy wonks in the Ministry of Justice but most need experienced operational
input.
One of NOMS biggest critics argued it was “dangerously out of touch with
its operational heartland”. In that respect the new arrangements could make
things worse not better.
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