Recommendation 3

HM Government Acknowledged

Social distancing guidelines require that we maintain restrictions with groups of service users, which affects delivery of both unpaid work (UPW) and Accredited Programmes. This affects both the group work itself but also the transport to project sites, as vans can now only transport two people instead of six. There will therefore be no return to the same pre-Covid 19 delivery of Accredited Programmes and UPW until social distancing restrictions are fully relaxed, which means that there is a risk that the case lists with these requirements will continue to grow. This has resulted in the backlog of cases with UPW requirements which previously existed, further increasing during this time. Further to this, some beneficiaries, such as community groups and charity shops, have declined accepting UPW Service Users back into their organisations as they focus on their own recovery from the pandemic. To address the delivery limitations and backlog for UPW, the National Probation Service (NPS) is taking a three-strand approach. First, the service is supporting the restoration of CRC delivery back up to pre-Covid-19 capacity for delivery as far as possible to reduce the impact of the backlog. We have asked CRCs to set out plans for how they will return to 100% pre-Covid-19 capacity for delivery by the end of the year. Ensuring an environment that is safe for all service users and staff has meant that the type of projects offering UPW has been limited and therefore changed due to social distancing measures. Where we have seen innovative approaches and solutions to these difficulties at the local level, we have been encouraging the sharing of these best practices through HMPPS-led meetings with our CRC providers, with additional assistance and support provided if necessary. To optimise the limited capacity we do have, and to best ensure risk is managed, we are currently reviewing whether we are able to prioritise specific UPW cases for delivery. Second, we are actively exploring innovative methods that allow service users to fulfil their order of the court against the backlog of the limitations allowed above. HMPPS are negotiating with multiple regional and national beneficiaries who may be able to provide CRCs with UPW placements on a large scale. One such agreement is that with the Canal and River Trust, where negotiations have been made at a national level in conjunction with CRCs and the Trust’s regional teams to identify a number of new UPW projects. Similar discussions are taking place with the Forestry Commission, Marine Conservation Society, Land Trust and Groundwork UK to identify further opportunities, and we are also in discussions with the FA Premier League charitable trust around piloting new UPW projects. The Canal and River Trust have also agreed to provide placements as part of recovery. The majority of these placements will be outside, which enables service users to complete them safely even with continued social distancing guidelines. Third, we are currently working through the issues associated with the delivery of orders containing a UPW requirement, including considering how to most justly manage those service users who were unable to complete their requirement under the community sentence due to the national lockdown. This may involve finding an effective method to progress cases that must go before the Courts to be varied in some way, with the consideration of the pressure Her Majesty’s Courts and Tribunals Service (HMCTS) are currently under going through their own recovery as well as managing new cases and awaiting trials. In relation to Accredited Programmes, the case list which has continued to increase faster than programmes are able to be delivered and be completed as new community orders are made and as prisoners are released from custody under licence conditions with these requirements. This has, unfortunately, added to the large waiting list of Accredited Programmes that have not yet begun which already existed before Covid-19. A number of options are being considered, including amendments to programme manuals to enable various methods of delivery under an Alternative Delivery Format (ADF) to maximise programmes being delivered throughout recovery. Guidance on ensuring the completion of Accredited Programmes modules that had already been commenced was issued to CRCs and NPS in April, enabling providers to deliver aspects of programmes via 1:1 delivery, and for sufficient work to be completed so these individuals can be assessed as having completed their sentence requirement. The ADF has now been approved by the Correctional Services Advice and Accreditation Panel (CSAAP) and pushes all the boundaries for delivery while maintaining the high-quality accreditation standards required for an effective programme. The ADF has been designed at pace in order to maximise delivery of programmes. Public protection is the overriding principle on the basis of risk of harm.