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Cross-sector working in a new penal landscape
 

Cross-sector working in a new penal landscape

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By Mike Maguire, Welsh Centre for Crime and Social Justice.

By Mike Maguire, Welsh Centre for Crime and Social Justice.

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    Cross-sector working in a new penal landscape Cross-sector working in a new penal landscape Presentation Transcript

    • Cross-sector working in a new penalCross-sector working in a new penal landscape: partnership in the contextlandscape: partnership in the context of ‘Transforming Rehabilitation’of ‘Transforming Rehabilitation’ Mike MaguireMike Maguire Professor of Criminology & Criminal JusticeProfessor of Criminology & Criminal Justice University of South Wales,University of South Wales, Director of Welsh Centre for Crime and Social JusticeDirector of Welsh Centre for Crime and Social Justice
    • Transforming RehabilitationTransforming Rehabilitation (TR)(TR)  It hasn’t happened yet - all speculation!It hasn’t happened yet - all speculation!  Focus on questions, challenges aroundFocus on questions, challenges around effective ‘three sector’ partnership workingeffective ‘three sector’ partnership working  Mainly think about the challenges andMainly think about the challenges and opportunities from Third Sector (VCSEopportunities from Third Sector (VCSE sector) point of viewsector) point of view
    • BackgroundBackground For over 15 years, frequent government rhetoric aboutFor over 15 years, frequent government rhetoric about ‘harnessing’ the special qualities of the Third Sector to‘harnessing’ the special qualities of the Third Sector to ‘transform’ public services (including CJS). Said to be:‘transform’ public services (including CJS). Said to be:  Value-drivenValue-driven  Committed staff and volunteersCommitted staff and volunteers  InnovationInnovation  FlexibilityFlexibility  Closeness to communityCloseness to community  Client-led and needs-led approachesClient-led and needs-led approaches  Outreach, engage the ‘hard to reach’Outreach, engage the ‘hard to reach’  Trust and genuine engagement by clientsTrust and genuine engagement by clients
    • ‘‘Transformation’ said to beTransformation’ said to be achievable through:achievable through: Closer ‘partnership’ with statutory agenciesCloser ‘partnership’ with statutory agencies More cross-fertilisation of ways of workingMore cross-fertilisation of ways of working More outsourcing to VCS of tasks previouslyMore outsourcing to VCS of tasks previously undertaken by public sector agenciesundertaken by public sector agencies (even some ‘core’ services)(even some ‘core’ services) However, not always translated into reality…However, not always translated into reality…
    • VCSE experience ofVCSE experience of relationships with criminalrelationships with criminal justice system:justice system: Often good local and individual relationships – eg probationOften good local and individual relationships – eg probation with substance misuse or housing charitieswith substance misuse or housing charities BUT….BUT….  ‘‘Partnerships’ often unequal – in reality, sub-Partnerships’ often unequal – in reality, sub- contracted to provide defined service, withcontracted to provide defined service, with limited opportunities to innovate, engage, etc.limited opportunities to innovate, engage, etc.  Insecure, short term contractsInsecure, short term contracts  Not always invited to join strategic bodiesNot always invited to join strategic bodies  Sometimes regarded by ‘professionals’ (prison,Sometimes regarded by ‘professionals’ (prison, police, probation) as inefficient or unskilledpolice, probation) as inefficient or unskilled  Public sector agencies sometimes reluctant toPublic sector agencies sometimes reluctant to share information with themshare information with them
    • TRTR What will happen to partnership under theWhat will happen to partnership under the Transforming Rehabilitation programme?Transforming Rehabilitation programme?
    • Entry into the scene of privateEntry into the scene of private companiescompanies 1. Approx 70% of Probation caseload to be transferred to 211. Approx 70% of Probation caseload to be transferred to 21 ‘Newcos’ (20 areas in England, plus whole of Wales)‘Newcos’ (20 areas in England, plus whole of Wales) 2. Remaining 30% (high risk of harm) to new National Probation2. Remaining 30% (high risk of harm) to new National Probation Service (NPS)Service (NPS) 3. NPS retain control of risk assessment, dealings with courts3. NPS retain control of risk assessment, dealings with courts and breach actionsand breach actions 4. Commissioning of providers will be national (NOMS)4. Commissioning of providers will be national (NOMS) 5. Payment by results (reduced reoffending and fewer total5. Payment by results (reduced reoffending and fewer total crimes)crimes) 6. Each Newco will have a ‘prime’ (most or all private sector)6. Each Newco will have a ‘prime’ (most or all private sector) provider plus a pyramid of ‘second and third tier’ providersprovider plus a pyramid of ‘second and third tier’ providers (mainly third sector)(mainly third sector)
    • On the face of it, an excellentOn the face of it, an excellent opportunity for voluntary agenciesopportunity for voluntary agencies::  To obtain steady long-term fundingTo obtain steady long-term funding  To demonstrate the ‘best’ of the voluntaryTo demonstrate the ‘best’ of the voluntary sector – engaging clients and developingsector – engaging clients and developing innovative ways of workinginnovative ways of working  To develop more meaningful ‘partnerships’To develop more meaningful ‘partnerships’ - be a core member of a multi-agency- be a core member of a multi-agency team, have a full seat at the tableteam, have a full seat at the table
    • However, to ‘work’, TR willHowever, to ‘work’, TR will need:need: Effective ‘partnership’, communication andEffective ‘partnership’, communication and coordination across 3 sectors and a variety ofcoordination across 3 sectors and a variety of geographical areas (local, regional, etc):geographical areas (local, regional, etc): - Within Newcos, between 2Within Newcos, between 2ndnd and 3rd tier providers andand 3rd tier providers and the primethe prime - between all three tiers of Newcos and NPS and prisonsbetween all three tiers of Newcos and NPS and prisons - between all three tiers of Newcos and other statutorybetween all three tiers of Newcos and other statutory and VCSE agencies (eg housing, health)and VCSE agencies (eg housing, health) - Between all three tiers of Newcos and other partnershipsBetween all three tiers of Newcos and other partnerships (eg IOM, CSPs, YOS)(eg IOM, CSPs, YOS)
    • This sets huge challenges in terms ofThis sets huge challenges in terms of organisation, logistics, IT systems, etcorganisation, logistics, IT systems, etc But also raises important questions aboutBut also raises important questions about the nature of relationships betweenthe nature of relationships between partners and the effect of differingpartners and the effect of differing cultures, values, practices, etccultures, values, practices, etc
    • Research on effective partnership suggests it is best whenResearch on effective partnership suggests it is best when ‘committed’ rather than ‘opportunistic’; and when it has a‘committed’ rather than ‘opportunistic’; and when it has a ‘conducive framework’ within which partners:‘conducive framework’ within which partners:  Can ‘blend different agendas and roles’Can ‘blend different agendas and roles’ (Mawby et al(Mawby et al 2007)2007)  Can adapt the imperatives of policy “from above”Can adapt the imperatives of policy “from above” to local conditionsto local conditions  Have clear andHave clear and mutually agreedmutually agreed definitions ofdefinitions of roles and responsibilitiesroles and responsibilities (Sarkis and Webster 1995)(Sarkis and Webster 1995)  Have ‘a common orientation to a work objective;Have ‘a common orientation to a work objective; relative parity in decision-making; equality andrelative parity in decision-making; equality and respect’respect’ (Corcoran & Fox 2012)(Corcoran & Fox 2012)  Co-location also a major advantage (IOM,Co-location also a major advantage (IOM, YOTs, women’s centres)YOTs, women’s centres)
    • Will these conditions apply?Will these conditions apply? Can ‘common orientation to a work objective’ be found?Can ‘common orientation to a work objective’ be found? ‘‘Results’ focus (reoffending rates) v broader focusResults’ focus (reoffending rates) v broader focus (empowerment of clients, well-being, welfare, etc)?(empowerment of clients, well-being, welfare, etc)? Can these different agendas be ‘blended’?Can these different agendas be ‘blended’? How much say will 2How much say will 2ndnd and 3and 3rdrd tier providers have in how theirtier providers have in how their roles are conceived and implemented?roles are conceived and implemented? How much freedom will they be given to ‘adapt their rolesHow much freedom will they be given to ‘adapt their roles to local conditions?’ Can they negotiate these roles?to local conditions?’ Can they negotiate these roles? We don’t know – not many precedents (though WorkWe don’t know – not many precedents (though Work Programme?)Programme?)
    • In terms of working practices…In terms of working practices… Will primes’ need to process large numbers of casesWill primes’ need to process large numbers of cases efficiently, clash with VCS’s typical ‘needs led’efficiently, clash with VCS’s typical ‘needs led’ approach? (Spread the jam evenly or in lumps?)approach? (Spread the jam evenly or in lumps?) Will primes discourage 2Will primes discourage 2ndnd /3/3rdrd tier VCS partners fromtier VCS partners from undertaking intensive work with ‘poor bets’ re re-undertaking intensive work with ‘poor bets’ re re- offending?offending? How will both relate to the NPS? How much discussion/How will both relate to the NPS? How much discussion/ data sharing around breach decisions/risk leveldata sharing around breach decisions/risk level changes?changes? Will VCS preference for voluntary engagement/likelyWill VCS preference for voluntary engagement/likely greater tolerance of non-compliance, clash with NPS’greater tolerance of non-compliance, clash with NPS’ and/or primes’ approach to enforcement?and/or primes’ approach to enforcement?
    • Performance and accountabilityPerformance and accountability  Will primes ‘performance manage’ their VCSWill primes ‘performance manage’ their VCS partners’ work? Hold them responsible forpartners’ work? Hold them responsible for reoffending rates? Use ‘intermediatereoffending rates? Use ‘intermediate outcome’/‘distance travelled’ measures? Howoutcome’/‘distance travelled’ measures? How will this affect partnership?will this affect partnership?  More generally, how will accountability workMore generally, how will accountability work when things go wrong?when things go wrong?
    • In summary… opportunity orIn summary… opportunity or threat?threat? Is this an opportunity for the VCSE sector to become aIs this an opportunity for the VCSE sector to become a major player in effective cross-sector partnership work?major player in effective cross-sector partnership work? To ‘transform’ rehabilitation with new approaches, skillsTo ‘transform’ rehabilitation with new approaches, skills and values?and values? OROR Might it be a ‘poisoned chalice’ for some VCSE orgs?Might it be a ‘poisoned chalice’ for some VCSE orgs? Risking relegation to a narrow ‘delivery agent’ role, ruledRisking relegation to a narrow ‘delivery agent’ role, ruled by externally-set approaches and targets? Leading to:by externally-set approaches and targets? Leading to:  erosion of values and principles?erosion of values and principles?  drying up of innovation?drying up of innovation?  loss of volunteers?loss of volunteers?  loss of client trust and engagement?loss of client trust and engagement? (ie the very strengths that first attracted govt to VCS)(ie the very strengths that first attracted govt to VCS)
    •  The daunting challenge, especially for theThe daunting challenge, especially for the smaller and more local VCSEsmaller and more local VCSE organisations, is to hold on to their coreorganisations, is to hold on to their core values and strengths, in a new landscapevalues and strengths, in a new landscape of complex partnership arrangements,of complex partnership arrangements, increased workloads, shrinking resources,increased workloads, shrinking resources, and pressure to produce improvedand pressure to produce improved ‘results’‘results’