The Shadow State: probation chiefs voice doubts about outsourcing

Payment by results might work, but not the way this government is doing it, writes Alan White.

The Daily Mail carried an excoriating attack on the probation service last month under the headline "Nearly 50,000 criminals spared jail offend again within a year: MPs claim 'shocking' figures show failure by probation officers". Priti Patel MP was quoted:

"There is clearly a problem with the probation service which is not working well to deal with this issue".

The story was based on the Ministry of Justice's quarterly reoffending statistics. The only problem was that this short-term picture didn't show reoffending has in fact slightly decreased, every year, since 2000. And the figures included criminals who had received sentences under 12 months, for whom the probation service has no statutory responsibility.

Did the briefing for this story come from the opposition? Surely not: Patel is a Tory. One couldn't help but notice these lines:

"Justice Secretary Chris Grayling is set to announce within weeks that charities and businesses will be brought in to tackle entrenched reoffending as part of the ‘rehabilitation revolution’. Yesterday he said the majority of probation work would be outsourced."

Yes, the Government is laying the ground for another outsourcing "revolution". Grayling was, of course, the man who initiated the Department for Work and Pension's Work Programme, which operates on Payment by Results (PbR) lines. There's been much made of the Work Programme's failings: perhaps most relevant is the argument that it was simply wheeled out too quickly in comparison with Labour's New Deal.

I'm bemused after asking Mark Ormerod, Chief Executive of the Probation Association, about this latest initiative. What's the next step in the process? "Well," he replies, "a Government announcement would be helpful. We've been waiting for a response to the consultation since June. It's not even clear who's supposed to implement what, but we know it's supposed to happen in 2014/5. We're not opposed to the idea of PbR, but it doesn't seem very far away and the only way we can see it happening is some kind of central contracting process but that cuts across a tremendous amount of work that's being done at a local level."

And there's another reason it may play out this way: PbR requires contractors to put money on the table themselves at the outset (I've previously written about how this has put small charities out of business). Sebert Cox, Chairman of both the Probation Association and Durham Tees Valley Probation Trust, tells me it's likely to put off smaller charities: "We're lead to believe, by ministers and officials, that they want voluntary organisations to be an integral part of delivery. What I can tell you from a local perspective is that there'll be few small voluntary organisations that could become involved. They don't have the money – they're squeezed because of the climate in which we live. One has to be sceptical about who'll be coming forward to do this." Despite claims that the Work Programme won't be the model, it seems inevitable the likes of G4S and Serco will once again step into the vacuum.

Various sources have given a vague idea of how the changes will be implemented – it appears as if the outsourced work will be targeted on those serving 12 months or fewer; giving them mentors to make sure they have homes, are signed up to drug-treatment programmes and are generally supervised as they make their way in the outside world. But it seems odd that those with a serious stake in how the changes are enacted know little more than these basic details.

"There were some proposals put in the consultation paper, but how it'll mesh together isn't clear," says Ormerod. "We have concerns about the splitting of offender management and with the Probation Chiefs' Association we put in a joint response to the consultation paper, saying if you have different organisations responsible for it you lose accountability and transparency. You have that potential situation where various organisations look at each other and say 'I thought you were responsible for that' or 'That's not in our contract.'"

Savas Hadjipavlou, Business Director of the Probation Chiefs Association, expands on this: "If you compare probation work with other areas that have been outsourced, it tends to work where the business is transactional and clearly defined – things like civil service pensions. If you look at probation work it involves the courts, the police, local mental health services, drug addiction workers, local authorities – half a dozen agencies at least have to come together. We're talking about behavioural change and monitoring: the idea it can be easily mapped into a simple PbR model is rather difficult to understand."

He sees the probation officer's primary role as pulling together the contributions of these other agencies. "You have to preserve that, as against the purity of the PbR model which says you're not interested in the contents of what's done, you're only going to pay for the result. We've been looking at how you assess risk and it's a volatile process. It's not a precise science. High risk people can be low risk if they're taking their medication, if they've got mental health problems that are managed and so forth – that takes us back to measuring success. All those who go into prison with a Class A drug problem, for example, have a reoffending rate of 90 per cent. Government aggregates large groups and looks at the average but no sensible way of looking at success would do it by that measure."

For Ormerod this leads to a central question – how can you pay by results, when the results are so hard to measure? "With the Work Programme, getting someone in a job stops benefits being paid so you get an immediate cash reward. The immediate aim with this is to close prisons because you've got reoffending down, but that's a very protracted cycle. We're talking about making a long term behavioural change – there's no point saying we'll pay you after a week. It's a far more inchoate environment in terms of working out whether success has been achieved and then saying we can pay you something." And this begs the question of whether the programme will end up being PbR in name only, in fact tending closer to a conventional outsourcing project; thus negating the transparency the Government hopes to introduce.

Like many public service leaders, none of the people to whom I spoke had an issue with the fundamental idea of PbR. But when it's being introduced in such a chaotic and seemingly rushed fashion, they can hardly be forgiven for wondering if ideology is trumping pragmatism.

Chris Grayling arrives at the Guildhall to attend The Lord Mayor's Banquet. Photograph: Getty Images

Alan White's work has appeared in the Observer, Times, Private Eye, The National and the TLS. As John Heale, he is the author of One Blood: Inside Britain's Gang Culture.

Photo: Getty
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A good apprenticeship is about more than box-ticking

The political apprenticeships arms race, promising ever increasing numbers of apprenticeships but with little focus on quality, is helping nobody. 

The political apprenticeships arms race, promising ever increasing numbers of apprenticeships but with little focus on quality, is helping nobody. Playing a numbers game often means the quality and the personal touch that turns a placement into a career opportunity can be lost. The government has set a target of three million new apprenticeships by 2020. In London Boris Johnson set a target for 250,000 apprentice starts, but fell short by over 100,000. Both targets miss the point; any target should focus on outcomes, not just numbers through the door.

Policy makers need to step back from the rigid frameworks and see what works on the ground.  For me this involved eating a bacon sandwich, which is arguably a risky exercise for politicians.  I was seeing how the owner of the Bermondsey Community Kitchen and Café, Mike, has transformed the space above his café into a training kitchen teaching young unemployed people the skills they need to gain qualifications to work in restaurants.

The posters on the wall spell out the choices available to the young people. They make it explicitly clear that there is an alternative to a life in prison, which some of the trainee chefs have already experienced, with pictures of celebrity chefs including Jamie Oliver, Delia Smith and Gordon Ramsay outlining how they worked their way to where they are now. None of the young people have had an easy start in life. Barriers they face include autism, lack of literacy skills, insufficient funds to pay the fare to the café and criminal records. But Mike and the team running the kitchen are determined to give them the chances every young person deserves. From City & Guilds qualifications, work placements and ensuring they have a job at the end of the process, this is the type of grass roots project that the government could learn from. With two groups of eight students over three half days, this is skills training that is about as personal as it gets. The young people are enthusiastic about the course, the practical skills they are learning and optimistic about the future.

The project is funded partly through the café, but mainly through grants and donations (including pots and pans from Raymond Blanc and funding from trusts as well as the local council). Mike has plans to expand. He wants premises with space for a nursery so young mothers who might otherwise struggle to complete a course can attend, he has a vision for two or three more similar enterprises across Southwark. I have no doubt he will achieve this but the challenge for policy makers is making it easier for people like Mike who are delivering flexible qualifications and delivering better results. Bureaucratic processes, lengthy forms and refusals would have put less determined people off. As the funding for skills is devolved, there is both an opportunity and a challenge to look at how innovative models can be supported. Unless more is done to ensure groups that might be defined as ‘hard to reach’ get opportunities, there will always be significant numbers falling through the gaps in a sometimes impersonal system.

Over 60 per cent of the apprenticeships in London focus on low level qualifications with little prospect of employment upon completion. Many skills based apprenticeships fail to match demand, the booming construction industry for example is crying out for skilled workers and with all parties agreeing new homes are a priority its surprising to learn that in London only 3 per cent of apprenticeships are in construction.

Apprenticeships need to focus on leading to work, and work that is skilled and pays enough to live on. They should be about opportunity not opportunistic employers. In a report published in October 2015, Ofsted was critical of apprenticeships saying too many of them ‘do not provide sufficient training that stretches the apprentices and improves their capabilities. Instead they frequently are being used as a means of accrediting existing low-level skills, like making coffee and cleaning floors.’

The new apprenticeship levy charged to businesses with a wage bill over a certain amount could be a useful way of enhancing opportunities but the definition of apprenticeship needs to be refined. On a recent visit to the iconic Brompton Bikes factory, the London Assembly Economy Committee was told that although the firm has to pay the new levy as a result of its size, they have a bespoke way of training their apprenticeships so they have the skills to get jobs with Brompton Bikes at the end of the process. Because this tailored training doesn’t meet the narrow government criteria they aren’t formally accredited apprenticeships and thus Brompton are unable to claim any funding back from government despite their excellent work.

I am increasingly frustrated that the most exciting and inspiring projects I visit don’t always meet the criteria for funding. We are doing something wrong if people are asked to fit something that works into a form that meets criteria rather than rewarding their successes. Instead huge amounts of public money are being put into funding low quality low skilled apprenticeships that sometimes appear to be more about avoiding the minimum wage. This is not just a waste of money; it is a waste of the lives of the young people. As the Bermondsey fishmonger we bumped in to on the way out of the café told us, sometimes what works is smashing the box, not ticking the box.