Three reasons Chris Grayling's outsourcing plan for the probation service is a terrible idea

It's the Work Programme all over again, and this time, damage to public safety is a high price to pay.

Last week, the work and pensions select committee published its second report into the Work Programme. After six months of inquiries, the committee found that it was failing some of its most difficult cases. The central premise of the job finding scheme was for contractors - big companies, small companies, charities - to be paid by their success or otherwise in getting people back to work. You might have predicted what impact this binary target-driven culture would have: the committee concluded that "Creaming and parking" (helping the jobseekers for whom it's easier to find work) was endemic.

Now this is bad news. It’s disturbing because of the resulting joblessness and the increased benefits that’ll have to be shelled out by the state, but it’s perhaps even more disturbing because one of the chief architects of the scheme, Chris Grayling, is now at the Ministry of Justice, and attempting to bring in a similar system with regards to probation. When the Work Programme fails, someone doesn’t get a job. When probation fails, there’s a very real danger to the public.

And that’s why it’s vital for those working in the sector to raise concerns. But there seems to be every indication the minister doesn’t want to hear them - even going so far as to gag staff on social media. Earlier this year, I spoke to senior probation managers about the forthcoming plans for outsourcing. A number of concerns were raised - primarily about the lack of detail.

A couple of weeks ago, Grayling expanded on the plans in parliament. We learned that the probation service, which currently deals with 250,000 cases a year, will remain responsible for the 30,000 high risk cases, while control of the roughly 220,000 low to medium risk offenders will go to private firms and voluntary groups.

There seems an obvious issue here - one which has an uncomfortable parallel with the Work Programme’s struggles. How do you tell if someone is high, low, or medium risk? Are people really that simple? Aren’t these definitions changing all the time? Ian Dunt cites the example of domestic abuse in his excellent piece on the scheme:

Perhaps an offender has a minor conviction of some sort and authorities are aware they have problems at home. They are low risk. Then something changes. Neighbours hear fighting in the house and inform the police. The risk level has changed and it has to be managed accordingly. Supervision needs to increase.

Savas Hadjipavlou, Business Director of the Probation Chiefs Association, tells me:

There’s a difference in relation to accountability. Originally the public sector was simply accountable for everything that might go wrong. There was a suggestion it would have people in outsourced offices - that’s gone away and now a series of triggers are proposed. If the offender is of a certain risk level to go to contracted services there are triggers that mean they come back.

It might sound a decent solution - but there’s remarkably little detail on what these triggers are. The Government’s documentation makes vague reference to a “change in circumstances,” but that’s about it. And what happens when a client is deemed serious enough to be moved back to public sector staff? Will the work done by the private sector providers be forgotten?

There’s a more pressing issue - that of accountability. Bluntly: if the public sector is overseeing things, then whose fault is it if an offender being dealt with by the private sector kills someone? Mark Ormerod, Chief Executive of the Probation Association, tells me:

We understand the provider would be accountable if they hadn’t pulled the triggers. It would come to a review of the case in the way that happens now. The issue we drew attention to is that it’s more likely to go wrong because you’ve introduced an interface. Things go wrong when communication breaks down. And it gets more complicated when some of the triggers have been pulled, and when the person goes forward and backwards between providers it becomes more difficult to assign responsibility - whose fault is it? Risk levels change in about 25% of cases. In some of the cases we’ve looked at, the risk levels change substantially. Low or high-risk cases are easier to manage. They’re the minority though. It’s the bit in the middle where change is dynamic and contextual.

Of course the other thing about this system is that money’s involved: we’ve seen exactly the impact it’s had on the Work Programme. Surely it could mean the providers will be incentivised to pull some triggers and leave others? “Therein lies the difficulty: other factors come into play. They have recognised this - the public sector will be able to carry out renewed risk assessments. It goes back to the point about how the operating model works in practice: it’s difficult to regulate it by contract,” says Ormerod.

Hadjipavlou expands on this:

Originally the public sector could pull in a case - we asked how would they know when they could call it in. This is an attempt to say the public sector doesn’t have responsibility for the whole thing. It places more emphasis on the assessment system. But risk assessment is not that precise a science. The culture will be new to the providers. It’s about looking at the behaviour of an individual intelligently, looking at the person intelligently. Is the risk assessment system capable of that fine granularity?

And lurking beneath the radar is another issue - one that’s rather complex, which is why it’s not received much coverage. Under the Work Programme “Primes” like A4e contract work to smaller providers - “Subs”. There have been problems with this relationship, with dodgy contracts drawn up by the big firms' armies of lawyers, which have lead to the smaller ones losing money and in some cases going out of business. First, there’s a lack of detail here around how this is to be avoided: the proposals don’t even explain how the subs will be selected.

Second, this system is still one of the things the reform has going for it - it will, for example, free up voluntary agencies on crime-ridden estates to engage with people they know and who might respect them a bit more than statutory workers. However, for all their exciting ideas and local connections, you still have to preserve standards. Some expertise will come from the former state workers who take new jobs in the private sector, but the only nod to this issue is a mention of a new “probation institute”. Hadjipavlou tells me: “We’re supportive of the creation of an independent probation institute capable of promoting evidence based practice and standards across the public, private and voluntary providers.”

And there’s one more big problem - quite apart from the fact that there is no data to support the idea (the probation service has met all its targets, contrary to Government figures spun out about how it’s “failing” on the eve of the announcement, to the Mail and others), which is the timeframe. Ormerod says: “The speed at which we’re expected to ready ourselves is just breathless. There is more detail now but that only makes you realise more clearly how much has to be done in a very short timescale."


Three main issues with probation reform then: one, there’s no data to suggest it’s a good idea, two, the timeframe appears to be rushed, and three, there are few safeguards to prevent all the mistakes of the Work Programme being repeated (we’ve not even mentioned the threat of fraud that comes with the lack of transparency surrounding commercial contracts, nor the inflexibility of the Government contractors, as described here). It’s hard not to conclude the reforms are a frantic attempt to put ideology into action before an electoral deadline, rather than any kind of considered response to the problems of reoffending. The Government must tighten up these proposals. Damage to public safety is a high price to pay.
 

Chris Grayling has brought the ideas behind the Work Programme to the Ministry of Justice. 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.

A protest in 2016. Getty
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Fewer teachers, more pupils and no more money. Schools are struggling

With grammars and universal school meals, both main parties have decided to answer policy questions no one is asking.

If you ask people in Britain what the ­biggest political issues are, schools don’t make the top five. Yet last week Labour set its first party political broadcast in a fictional classroom where a teacher described Jeremy Corbyn’s plans for schools’ future. Without a Labour government, the teacher opines, there will be no more libraries, or teachers, or school trips. Though the scenario is a flagrant breach of the law – teachers must remain politically impartial – education isn’t a bad place for Labour to start its campaign. Schools really are quite screwed.

Three things are hitting hard. Schools have less money, fewer people want to be teachers, and an avalanche of under-sevens is hitting the playgrounds and won’t stop for several more years.

How did we get here? In 2015 the Conservatives pledged to keep school funding at the same rate per pupil over the lifetime of the parliament. Yet while the money coming in has remained flat, schools have faced huge hikes in costs, particularly staffing. Big increases in mandatory pension contributions and National Insurance have taken their toll; so has the apprenticeship levy. The
Institute for Fiscal Studies estimates that all told, schools will have lost about 8 per cent of their budget by 2020. That’s £3bn of savings that must be found. Or, more bluntly, the starting salaries of 100,000 teachers.

It is worth remembering at this point how huge the schools sector is and how many people are affected. About half a million teachers work in the 20,000-plus state schools. A further 300,000 people work in allied professions. There are eight million children and an estimated 12 million parents. Lump in their grandparents, and it’s fair to say that about 20 million voters are affected by schools in one way or another.

The budget squeeze is leading many of these schools to drastic measures: firing teachers, increasing class sizes, cutting music from the curriculum, charging parents for their child’s place on a sports team, dropping transport provision, and so on. Begging letters to parents for donations have become commonplace; some have asked for contributions of up to £60 a month.

On top of money worries, teachers are abandoning the profession. In 2015, an additional 18,000 went to work in international schools – more than were trained at universities over the same year. They joined the 80,000 teachers already working in British schools abroad, attracted by higher pay and better working conditions.

Graduates are also snubbing teaching. With starting salaries increasing at less than 1 per cent a year since 2010, new teachers are now paid about 20 per cent less than the average graduate trainee. Changes to higher education are also such that trainees must now pay £9,000 in order to gain their teaching qualification through a university. The government has missed its target for teacher trainees for five years now, and there is no coherent plan for hitting it.

No money and no teachers is less of a problem if you are in a demographic dip. We had a bizarrely low birth rate at the turn of the century, so we currently have a historically small proportion of teens. Unfortunately, the generation just behind them, of seven-year-olds and under, is enormous. Why? Because the “baby echoers”, born in the 1970s to the baby boomers, had children a bit later than their parents. Add to that the children recently born to immigrants who arrived in their twenties when the European Union expanded in the early 2000s, and Britain is facing an El Niño of toddlers. By 2025 a million extra children will be in the school system than in 2010.

To keep on top of the boom the government has been creating schools like a Tasmanian devil playing Minecraft. But 175,000 more places will be needed in the next three years. That’s the equivalent of one new secondary school per week from now until 2020.

In fairness, the government and councils have put aside money for additional buildings, and roughly the same number of parents are getting their first-choice school as before. The free schools policy, which delivers new schools, has not always been well managed, but it is now more efficient and targeted. However, many more children combined with squeezed budgets and fewer teachers typically leads to bigger class sizes. Most classrooms were built to house 30 pupils. Exam results may not get worse, but no parent wants their child working on a makeshift desk improvised out of a windowsill.

Instead of addressing these challenges, both main parties have decided to answer policy questions no one is asking. Theresa May wants more grammar schools, ostensibly because they will give more choice to parents – though these are the only schools that pick pupils, as opposed to the other way around. And she says they will aid social mobility, though all the evidence (and I really do mean all) suggests the opposite.

Jeremy Corbyn, meanwhile, is offering free lunches to all seven-to-11-year-olds, which sounds worthy until you realise that children from low-income families already get free lunch, and that feeding every child a hot sit-down meal is virtually impossible, given the limited space and kitchen facilities in most schools. Plus, the evidence this £1bn policy would make any significant difference
to health or attainment is pretty sketchy. Labour has also sensibly talked about cash and promised to “fully fund” schools, but it isn’t clear what that means.

What’s missing so far from the Conservatives and Labour alike is a set of policies about teacher recruitment or place planning. The sector needs to know how schools will be built, and where the teachers will come from for the extra kids. In other words, the message to both sides is – must try harder.

Laura McInerney is the editor of Schools Week and a former teacher

Laura McInerney taught in East London for six years and is now studying on a Fulbright scholarship at the University of Missouri. She also works as Policy Partner at LKMCo.

This article first appeared in the 27 April 2017 issue of the New Statesman, Cool Britannia 20 Years On

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