Coronavirus (COVID-19): The impact on prison, probation and court systems

The Covid-19 pandemic poses an urgent threat to public health and safety. It is an unprecedented situation that has required an immediate response by the National Probation Service, CRCs and all other services providers along with the NHS to save lives. We praise the probation service and wider stakeholders for the vital work they are doing to respond to the pandemic, support their offenders and protect the public.(Paragraph 3) Changes to Probation during Covid-19

The Committee recognise that Covid-19 has required an immediate and unprecedented response and praise the probation staff and offenders for adapting to the current situation. The Committee are aware that the NPS and CRCs may differ in their models of delivery, however we are concerned to hear reports that inconsistencies in practice may be hindering staff safety and causing concern to individuals trying to adhere to their sentence. We recommend that the Ministry of Justice and HMPPS set out what guidance has been issued to CRCs, and how they are monitoring the models being delivered in different CRCs.The Committee recognise that Covid-19 has required an immediate and unprecedented response and praise the probation staff and offenders for adapting to the current situation. The Committee are aware that the NPS and CRCs may differ in their models of delivery, however we are concerned to hear reports that inconsistencies in practice may be hindering staff safety and causing concern to individuals trying to adhere to their sentence. We recommend that the Ministry of Justice and HMPPS set out what guidance has been issued to CRCs, and how they are monitoring the models being delivered in different CRCs. (Paragraph 19) Key Issues relating to Covid-19

The model of probation delivery has changed substantially in the weeks since the introduction of the UK lockdown, particularly the way in which case-management supervision is delivered. Additionally, other areas such as unpaid work and interventions have stopped. We recognise that these measures have been necessary, but we are concerned about increasing backlogs as a result of Covid-19—for example in unpaid work—and it is unclear how the Ministry and HMPPS intend to address these backlogs.

We recommend that the Ministry of Justice and HMPPS set out how the probation service intends to address the backlogs that have built up over the past three months. Additionally, we recommend that the Ministry and HMPPS set out how they will ensure that all individuals under probation supervision will be able to complete their sentence requirements, such as behaviour programmes.

The Committee are pleased to see the commitment from HMPPS to learn from the current model of delivery. We recommend that HMPPS update the Committee on Coronavirus (COVID-19): The impact on probation systems 23 progress of this piece of work, setting out how learning will be shared.The Committee are pleased to see the commitment from HMPPS to learn from the current model of delivery. We recommend that HMPPS update the Committee on progress of this piece of work, setting out how learning will be shared.

Staff shortages and increased workloads within the probation service preceded the Covid-19 outbreak. Whilst the Committee recognise that Covid-19 means that some areas of work have stopped, it is clear that staff workloads are still extremely high, and staff morale and wellbeing are of significant concern within the probation service. In addition to these conditions, staff are also going through the second major reform programme to take place in just five years, and the impact of this uncertainty cannot be overestimated. We recommend that the Ministry of Justice and HMPPS set out what existing and additional measures are in place during this time to support staff wellbeing.Staff shortages and increased workloads within the probation service preceded the Covid-19 outbreak. Whilst the Committee recognise that Covid-19 means that some areas of work have stopped, it is clear that staff workloads are still extremely high, and staff morale and wellbeing are of significant concern within the probation service. In addition to these conditions, staff are also going through the second major reform programme to take place in just five years, and the impact of this uncertainty cannot be overestimated. We recommend that the Ministry of Justice and HMPPS set out what existing and additional measures are in place during this time to support staff wellbeing..

At the best of times, release from prison can be a difficult time for many, however, Covid-19 has created a very different environment for those released from prison to enter. Service provision in the community has changed substantially and it is important that individuals released from prison continue to receive the support necessary to enable them to reintegrate into society and stop the cycle of offending. Whilst we welcome the Ministry’s commitment to work with the third sector, we are unclear what specific additional support has been put in place for those released from custody during this time and recommend that the Ministry of Justice and HMPPS set out what additional measures they have put in place to support prison leavers.e At the best of times, release from prison can be a difficult time for many, however, Covid-19 has created a very different environment for those released from prison to enter. Service provision in the community has changed substantially and it is important that individuals released from prison continue to receive the support necessary to enable them to reintegrate into society and stop the cycle of offending. Whilst we welcome the Ministry’s commitment to work with the third sector, we are unclear what specific additional support has been put in place for those released from custody during this time and recommend that the Ministry of Justice and HMPPS set out what additional measures they have put in place to support prison leavers..

The Committee are pleased to hear about the work the Ministry has done with the DWP to make Universal Credit more accessible to those leaving prisons. We also welcome the increase in the Subsistence Grant for those who are leaving prison early under the End of Custody Temporary Release scheme, however, we also consider those leaving prison through the ordinary course of events to be in need of additional provision during this unprecedented time. We recommend that the Ministry review 24 Coronavirus (COVID-19): The impact on probation systems the Discharge Grant, and reconsider increasing it during the period of coronavirus, particularly considering that all those released from prison will face challenges adapting to the current environment, and vulnerability may be heightened by the fact that many support services have reduced in capacity and changed delivery models.The Committee are pleased to hear about the work the Ministry has done with the DWP to make Universal Credit more accessible to those leaving prisons. We also welcome the increase in the Subsistence Grant for those who are leaving prison early under the End of Custody Temporary Release scheme, however, we also consider those leaving prison through the ordinary course of events to be in need of additional provision during this unprecedented time. We recommend that the Ministry review the Discharge Grant, and reconsider increasing it during the period of coronavirus, particularly considering that all those released from prison will face challenges adapting to the current environment, and vulnerability may be heightened by the fact that many support services have reduced in capacity and changed delivery models.

Accommodation is an important resettlement need for prison leavers, and we welcome the work that the Ministry of Justice and HMPPS have done during the pandemic to ensure that prison leavers have the best access to accommodation as possible. We are also pleased to hear that scheme to support individuals leaving prison has been extended to the 31 July. Given that Covid-19 is an ongoing situation, we recommend that the Ministry of Justice and HMPPS continue to keep this scheme under review to ensure that the housing needs or prison leavers continue to be met. Additionally, we recommend that the Ministry set out their what work is being done in the longer term to address the housing needs of prisoners on release from custody and prevent homelessness.Accommodation is an important resettlement need for prison leavers, and we welcome the work that the Ministry of Justice and HMPPS have done during the pandemic to ensure that prison leavers have the best access to accommodation as possible. We are also pleased to hear that scheme to support individuals leaving prison has been extended to the 31 July. Given that Covid-19 is an ongoing situation, we recommend that the Ministry of Justice and HMPPS continue to keep this scheme under review to ensure that the housing needs or prison leavers continue to be met. Additionally, we recommend that the Ministry set out their what work is being done in the longer term to address the housing needs of prisoners on release from custody and prevent homelessness. (Paragraph 56) Probation Reform Programme

The probation service has been in a continual state of reform and uncertainty for the past five years, and is now adapting to the challenges presented by Covid-19. Whilst the announcement is a welcome one, the new model is expected to go live in the summer of 2021 and the Committee recognise that this is a huge task to undertake in a year, particularly given the current circumstances. We recommend that the Ministry of Justice set out a detailed timeframe for the transition of the probation service to the new model. Additionally, the Ministry of Justice should keep the Committee updated on progress, including any potential delays to the transition. The probation service has been in a continual state of reform and uncertainty for the past five years, and is now adapting to the challenges presented by Covid-19. Whilst Coronavirus (COVID-19): The impact on probation systems 25 the announcement is a welcome one, the new model is expected to go live in the summer of 2021 and the Committee recognise that this is a huge task to undertake in a year, particularly given the current circumstances. We recommend that the Ministry of Justice set out a detailed timeframe for the transition of the probation service to the new model. Additionally, the Ministry of Justice should keep the Committee updated on progress, including any potential delays to the transition. (Paragraph 61) 26 Coronavirus (COVID-19): The impact on probation systems

The Covid-19 pandemic poses an urgent threat to public health and safety. It is an unprecedented situation that has required an immediate response by the prison service to protect the NHS and save lives. We praise the Prison Service and wider stakeholders for the vital work they are doing to respond to the pandemic and protect those in their care and the public. (Paragraph 3) Prison Regime Changes

The Committee recognise the necessity of the measures introduced to minimise the spread of the virus and save lives and commend staff and prisoners for adapting to these changes. However, we do not believe that the current regime is sustainable in the long term and are concerned about the effect this may have on the wellbeing and rehabilitation of individual prisoners.

We are not clear as to why there is such wide variance across the estate in type of regime and time out of cell. We agree with the Independent Monitoring Board and recommend that the Ministry of Justice set out clear expectations of the minimum time out of cell and activity to be provided at each phase of recovery. This is not currently clearly set out in the COVID-19: National Framework for Prisons and Services.

The Committee recognise the severity of the current regime in prisons and commend both staff and prisoners for responding and adapting to current circumstances. We are pleased to hear reports that the prison population have been largely compliant with changes made, but we share concerns about the potential long-term impact current restrictions will have on the health and wellbeing of prisoners themselves. We are unclear what additional support is being provided to those struggling with their mental health. Before the Covid-19 pandemic, prisons already faced alarmingly increased levels of self-harm and the current situation in prisons may serve to make that situation worse.

We recommend that the Ministry of Justice set out what additional mental health support is available for prisoners and what their long-term plan is to mitigate the effect lockdown may have on the mental health of prisoners should prisons remain in this current phase for a prolonged period.

It is vital that prisoners are able to maintain contact with family and friends, particularly at such an uncertain time. Family contact is essential to a prisoner’s wellbeing and resettlement, and we welcome measures taken to ensure that prisoners are able to maintain contact with family. We welcome the decision to provide 900 locked mobile handsets, and we are pleased to note that the trial of secure video calls at HMP Berwyn was successful and will now be available at 10 establishments.

While the secure video calling service is a temporary measure implemented in direct response to the changes across the estate resulting from Covid-19, the Committee 28 Coronavirus (Covid-19): The impact on prisons believe there is scope for this service to be developed in the long-term and rolled out further across the prison estate. We recommend that the Ministry of Justice make the secure video calling service available permanently across the rest of the prison estate. The Ministry of Justice should provide costings for such extension of this service and set out a timeframe for when this service will be expanded beyond the 10 establishments due to receive it, and how establishments will be prioritised.

Given that prisons have been in a state of lockdown for 15 weeks, we are pleased to hear that Exceptional Delivery Models for stage 3 are being developed and that there are hopes to relax the regime in the next few weeks. We recommend that the Ministry and HMPPS keep the Committee updated on their progress, including what prisons will be transitioning and in what timeframe. (Paragraph 35) Prison Population Management

We are pleased to hear that more than 98% of the prison estate now has cohorting in place. This appears to have been an effective strategy for containing the spread of the virus and protect the lives of staff and prisoners. The Committee thank all of the staff who have worked to implement this measure.

The Committee welcome the Government’s decision to temporarily release pregnant women and women in prison with their children, whenever it is safe to do so. The Committee recognise that this cohort of women require specialist support in the community, but in the 14 weeks since the announcement was made, only 23 women out of around 70 eligible, have been released from custody. We ask the Ministry to explain why that is.

We ask the Government to set out how many prisoners were actively considered for release under the scheme and the principal reasons why just over 5 per cent were in fact released early.

It is not clear what impact increased court activity will have on the prison population, and how MoJ and HMPPS intend to manage any potential influx as a result of increased court activity. The Committee are pleased to note that work has already begun on understanding the effects of renewed court activity; the MoJ should update the Committee on the progress of that work, and how they will manage any influxes in prison population that may result from increased court activity.

We welcome the sourcing and installation of temporary units to increase headroom across the prison estate. We welcome the announcement by the Chancellor of the Exchequer in his Summer Statement on 8 July that £60m is being made available to provide 1,000 temporary places. We recognise that this is ongoing work, but the Ministry of Justice should set out when they intend all 2,000 temporary units to be installed and when these units will be operational. Additionally, the Ministry should provide costings for the 2,000 temporary units, and set out how they intend to re- deploy these cells in the long-term. (Paragraph 68) Coronavirus (Covid-19): The impact on prisons 29 Children and young people in the custodial estate during COVID-19

We recommend, however, that the Government investigate the reasons behind the relatively high level of remand into custody and explain the reasons behind that, particularly given the pressures on the custodial estate during the coronavirus outbreak.

We recommend that the MoJ and Youth Custody Service set out how they have responded to the crisis in the context of the children’s estate and how the specific needs of children have been considered. It is also unclear why there is such a disparity in the regimes provided across the youth estate; the MoJ and Youth Custody Service should set out what is being done to address disparities and ensure that all children in the estate receive equivalent provision.

We are concerned that there does not appear to be a sufficiently clear, separate plan on how the youth custodial estate will transition out of the current lockdown phase. We agree that plans need to be flexible enough to accommodate different circumstances and situation of prisons, but we do not believe that this commitment is reflected in the National Framework for Prisons and Services. We are disappointed that children and young people appear as a “footnote” in the National Framework and believe that the specific needs of this cohort should be clearly articulated and believe that the specific needs of this cohort should be clearly articulated. The Committee recommend that the MoJ and Youth Custody Service set out in greater detail specifically how the children’s estate will transition out of the current phase of lockdown, bearing in mind our current understanding of the relative risks from Covid-19 in the youth custody estate and those in the adult estate. (Paragraph 82) 30 Coronavirus (Covid-19): The impact on prisons

Legal professionals have adapted impressively quickly to working from home and holding and attending hearings remotely, but this can be difficult. Lord Burnett of Maldon, the Lord Chief Justice, told us that “the quality of the kit matters a great deal. If you are doing this sort of encounter with a laptop, you are hunched over it, you are cramped and you do not have room for paper. If you are doing a full video hearing, you need two screens: one you can put papers on and the other so you can see people.”

There have been positive developments in providing online solutions to providing court services, but pending full roll out of HMCTS’s cloud video platform, we recommend that the Ministry of Justice sets out the steps it is taking to ensure that lay parties to hearings have access to the technology they need so that they can communicate well, and confidentially, with their lawyers. We also recommend that the Ministry of Justice reviews how well remote hearings have worked for all participants in all jurisdictions before rolling them out further.

Publicly funded legal services providers were already under stress before coronavirus.

It is important that the legal professions properly represent the society they serve, not least because they form a large part of the pool from which the Judiciary is drawn. The MOJ should set out what it will do to make sure that coronavirus restrictions on the justice system do not disproportionately affect the incomes of Black, Asian and minority ethnic or state-educated legal professionals, nor reduce their ability or desire to enter and work in the courts and tribunals system.

Newly qualified barristers face particular pressure.

Small high street firms are particularly at risk from the effects of coronavirus restrictions.

Law centres and other not-for-profit legal advice providers are also at great risk.

The furlough scheme has been very useful, with both solicitors’ firms and barristers’ chambers using it to reduce staff costs. We heard that the loan schemes were less helpful, particularly for small high street firms.

The Legal Aid Agency has made changes to help the legal professions. For example, it has made it easier to claim interim and hardship payments, aligned some fees for remote work with those for in-person work, and halted pursuit of outstanding debts owed to the Legal Aid Agency. Amanda Pinto told us “I am happy to say that the CPS and the Legal Aid Agency have done sterling work in reducing the backlog in paying their fees.” (Paragraph 29) 16 Coronavirus (COVID-19): the impact on the legal professions in England and Wales

The support provided by the Government is welcome, but it cannot compensate for the significant drop-off in the amount of work being done and remove the risk of a collapse in legal services providers. (Paragraph 32) The way ahead

It is important that the legal professions are in good shape to deal with the increase in demand for legal advice and representation that is on the horizon.

We recommend that the Ministry of Justice considers the Bar Council’s proposals for using alternative evidence (other than tax returns) for bringing new barristers and returning practitioners within the remit of the Self-Employed Income Support Scheme and that it report back to us on whether it decides to adopt the proposals and, if not, provide the reasons for that decision.

We recommend that the Ministry of Justice considers the Law Society’s detailed proposals for payment and repayment of monthly payments (to solicitors firms and not-for-profit providers) and that the Ministry of Justice reports back to us on whether it decides to adopt the proposals and, if not, provide the reasons for that decision.

We recommend that the Ministry of Justice considers further grants for law centres and other not-for-profit legal services providers that are at risk of collapse. The Ministry of Justice should report back to us with its decision and provide its reasons if it decides not to provide such grants, and state what provision it will make for users of the centres that cease operations.

On 23 June, we asked Robert Buckland about business rates relief, and he suggested that his requests to the Treasury were unlikely to be fulfilled but that he was looking for other imaginative solutions. The Ministry of Justice should consider how it can help those self-employed practitioners whose profits are just above the £50,000 threshold and how it can help legal services providers with their business rates, and, if it decides to do neither, should provide us with its reasons for those decisions.

We urge the Ministry of Justice and the Legal Aid Agency to continue to be creative as to how legal aid is administered so that the legal professions are not further damaged by inflexible processes and contractual requirements on top of the problems arising directly from the coronavirus crisis. (Paragraph 42) Coronavirus (COVID-19): the impact on the legal professions in England and Wales 17