First Report - Women in Prison

There has been a longstanding recognition, dating back to the 2007 Corston Report, that women who enter the criminal justice system, and those who go on to enter custody, are more likely to be complex and vulnerable individuals. We have heard how women often present with challenges such as substance misuse and mental health issues as well as complex histories of trauma and abuse, including domestic abuse. The 2018 Female Offender Strategy represented a welcome step forward in the Government’s recognition that a specific approach was needed to achieve outcomes for women. We are, however, concerned about the lack of progress the Government has made against the aims and objectives set out in the Strategy and note that the Female Offender Programme has lacked the investment needed to make the aims of the Strategy achievable in reality. (Paragraph 24) Reducing the number of women in Custody

One of the strategic objectives of the Female Offender Strategy is to see fewer women in custody. Whilst there has been a decline since February 2017 from 3,958 to 3,219 in July 2022, to a large extent this has been a result of lower crime and the reduction in court activity during the pandemic. Moreover, the MoJ itself now predicts an increase in the female population by more than a third over present levels in the next three years.

The Female Offender Strategy set out an ambition to improve Out of Court Disposals (OOCDs). However, the Strategy did not set out how this would be achieved, and to date, there has been no clear evidence to suggest that more women have been diverted away from custody through improved use of OOCDs.

We welcome the Government’s intention through the Police, Crime, Sentencing and Courts Act 2022, to reform the Out of Court Disposals framework. We recommend that the Government set out how it will prioritise gender-specific diversionary routes as part of its plans to improve OOCDs. The Ministry of Justice should also set out how it will measure the success of the new OOCDs, and how it will specifically measure outcomes for women.

Liaison and diversion (L&D) services play an essential role in identifying a woman’s need and diverting her from the criminal justice system where appropriate. We are pleased to hear that NHS England has achieved 100% geographical coverage of L&D services and that NHS England are currently enhancing the existing women’s pathways across all L&D services. We recognise the concerns raised by some that there has been no direct investment into women’s pathways, despite recognition that they are important. We know that services are not available at the same level and quantity across the country; this may lead to inconsistency in service provision for women. Additionally, a lack of funding in the women’s pathway may lead to some women continuing to enter the custodial estate, despite their needs being better addressed in the community. (Paragraph 46) Women in Prison 75

The Ministry of Justice and NHSE/I should set out what financial investment is being made in developing women’s pathways and how this money will be spent to ensure that women’s pathways are being enhanced across all liaison and diversion services. The MoJ and NHSE/I should also set out a timeframe for when they expect all women’s pathways to be fully operational.

We recommend that the Sentencing Council considers whether an overarching guideline or guidance for sentencing female offenders is required.

We support the MoJ’s commitment to supporting a greater proportion of women to successfully serve their sentences in the community. We recognise that a shift from custodial to community sentences must be led by the judiciary; however, we note concerns raised by witnesses that sentencer confidence in community sentences has declined.

The Ministry of Justice should set out what work it is doing with the judiciary to ensure that they have all the relevant and necessary information to inform sentencing decisions. The MoJ should also set out what work is being done to ensure that community sentences offer a credible alternative to custody. Furthermore, we recommend that the MoJ seek the views of the judiciary on ways to improve community alternatives and increase confidence.

Pre-sentence reports (PSRs) provide the opportunity for a more personalised response to offending in order to support effective sentencing. We are concerned to see that the number of reports has declined substantially over the last 10 years. We welcome the work that the Ministry of Justice is doing to improve the quality of PSRs; however, it is less clear what work is being done to increase their use. The Ministry of Justice should evaluate why the number of pre-sentence reports has declined in recent years, and what work is being done to increase the use of pre-sentence reports.

Regarding the pre-sentence report pilot, the Ministry of Justice should set out how it will measure the success of this pilot, and the criteria it will use to determine whether to expand the initiative. The MoJ should also set out what its targets are for the number of women who will receive a fuller pre-sentence report under the pilot, and at the end of the pilot period, it should publish an evaluation of the pilot. The MoJ should include in its evaluation the outcomes for ethnic minorities, as well as the steps required to ensure that the specific needs of BAME women are met through pre-sentence reports.

Given the widespread agreement that pre-sentence reports play a crucial role for women, we agree with Lord Farmer and others that full written pre-sentence reports should be mandatory for all women facing custodial sentences.

Whilst it is disappointing that the MoJ’s progress to date in establishing five new Residential Women’s Centres has been slow, we welcome the Government’s recent announcement that Swansea will be the location of the first centre. The Ministry of Justice should set out an indicative timeline for the development of the remaining four pilot sites. (Paragraph 87) 76 Women in Prison

We recognise that the Residential Women’s Centre model is new and untested, and so we acknowledge the concerns of many of our witnesses over how the centres will operate in practice and how their provision will differ from that of custody. As it develops its plans for the Swansea centre and other sites, the Ministry of Justice should set out in greater detail how the centres will operate in practice, including how they will differ from custody. Additionally, the MoJ should set out how it intends to evaluate and report on the effectiveness of the pilot.

The Committee has heard about the benefits of existing Women’s Centres in potentially diverting women from custody and providing support to women in their local communities. We note the concerns raised by witnesses that the Government’s investment in Residential Women’s Centres risks diverting money away from Women’s Centres that have a proven track record. We would welcome reassurance from the Government that there will not be a diversion of resources away from existing Women’s Centres. The Ministry of Justice should also set out how it intends to continue to support the work of Women’s Centres in the community alongside the development of RWCs.

Evidence suggests that Community Sentence Treatment Requirements (CSTRs) can offer a credible and appropriate alternative to custody for women. The Committee welcomes the work being done to increase their use from what is a very low base through the CSTR Programme. The Ministry of Justice should now commit to rolling out the programme so that CSTRs are available in all court areas to achieve 100% coverage. (Paragraph 95) Better Custody

The Committee notes the concerns raised by witnesses that the commitment to build 500 prison places in the female estate appears at odds with the aims of the Female Offender Strategy. However, we also recognise that the 500 additional prison places have the potential to improve custodial conditions for those who are imprisoned, as well as going some way towards achieving the Strategy’s aim of making the female estate more trauma informed. We would welcome further clarity on the Government’s plans for the 500 places. The Ministry of Justice and HMPPS should set out: • A breakdown of how the 500 prison places will be used. For example, how many places will be allocated as open prison places; how many places will be allocated to replace old for new prison places and how many will be entirely new places in the closed estate; • How many old prison places in the female estate have been decommissioned since the announcement of 500 new places, and how many it anticipates will be decommissioned in the coming years; • How many new prison places have already been built, and what the timeline is for completing the construction of the remaining places; and • The modelling the MoJ and HMPPS undertook to determine that 500 places were needed. (Paragraph 102) Women in Prison 77

The increasing level of self-harm in the female estate over the last decade is alarming and while the number of self-inflicted deaths is low, even one death is one too many. We recognise that the MoJ and HMPPS are working to address self-harm levels across the female estate and welcome the ongoing work to improve the Assessment, Care in Custody and Teamwork (ACCT) process, and roll out the Offender Management in Custody Model. We note that the revised ACCT process is still relatively new, and there is not yet an evidence base to determine whether it will contribute to reduced levels of self-harm. The Ministry of Justice should set out how it intends to evaluate and measure the success of the new ACCT process in comparison to the previous version of the process.

Although many witnesses have welcomed the revised ACCT process, we note the concern expressed by some that there may be an over-reliance on ACCT, and a perception that it is seen as an outcome in itself. Whilst the ACCT should be seen as a means to achieving a successful outcome for women in prison, the Ministry of Justice and HMPPS should set out what work is being done alongside ACCT, to ensure there is not an over-reliance on this process.

We welcome the implementation of the Offender Management in Custody model in 2021. The Ministry of Justice should confirm whether OMiC has now been rolled out fully across the female estate, and if it has not, the MoJ should set out a timeline for achieving this, including when it is anticipated that all women will be allocated a keyworker.

Many women in prison or in contact with the criminal justice system have experienced past trauma, the effects of which can be long-lasting and affect the way in which an individual interacts with the system. We welcome the work the MoJ and HMPPS are doing to implement a trauma-informed approach across the female prison estate. We also welcome the mandatory training for staff, although it is unclear whether this covers operational staff only or extends to every person working on site.

The MoJ should clarify who is required to undertake the training. Additionally, the MoJ, HMPPS and NHSE/I should set out how the training will be structured and whether there will be mandated refresher training. The MoJ and HMPPS should also confirm what proportion of staff have completed the training to date, and the timeframe for all staff to have completed the training. The MoJ and HMPPS should also set out how it will monitor the completion of the training on an ongoing basis.

We continue to believe that it is not acceptable for the custodial environment to be used as a ‘place of safety’ for the acutely unwell, or for a person’s ‘own protection’. Community settings also have a duty of care to individuals, and prisons should not be regarded as a solution to the failings of care and protection in the community. We reiterate the recommendations made in our Report ‘Mental Health in Prison’, and seek an update from the Government on the steps it is taking to address the use of prison as a place of safety or for a person’s own protection.

We note from the Government’s response to our ‘Mental health in prison’ Report that it is conducting a review into the use of powers to remand an individual to 78 Women in Prison custody for their own protection under the Bail Act 1976. The Ministry of Justice should set out what the scope is for the review, and the timeframe for its completion and publication.

It is disappointing that data gathering on this issue is so poor, such that it is not possible to estimate the number of people affected across the prison estate. The Ministry of Justice should put in place mechanisms for the collection of reliable data on the use of custody as a place of safety or for a person’s own protection for all cohorts of prisoners (male, female and youth).

It is concerning that the rate of violent incidents across the female estate rose during the pandemic. Whilst we acknowledge that the pandemic may have contributed to the increase, the MoJ and HMPPS should set out what work is being done to address the level of assault across the female estate and to prevent it from increasing further.

The Committee is concerned that, aside from statistics on self-harm, there is a lack of reliable and current data on the specific health needs of women in custody. In order to address women’s physical and mental health needs in prison it is vital to know, in the first instance, what those needs are.

We welcome the work of the National Women’s Prisons Health and Social Care Review. Once the review has published, NHSE/I, HMPPS and the MoJ should set out an action plan for how it will respond to its findings, including operational response, policy implications and how service offers and gaps in provision will be addressed in order to meet the specific needs of women. The action plan should also include steps to improve data collection on the health needs of women in prison.

It is concerning that issues relating to healthcare continue to be a contributing factor to deaths in custody. The MoJ, HMPPS and NHSE/I should set out what work they are doing to: • improve communications between staff across all disciplines in prisons; • improve the response to medical emergencies; and • improve drug management processes. We welcome both the Women’s Review, and the National Mental Health Needs Analysis, which will provide a greater understanding of physical and mental health needs, existing service provision and gaps in service provision. We were concerned to hear that demand for services may be greater than the available provision and that waiting lists are growing, in part due to the pandemic. NHSE/I should also set out the work it is doing (aside from both reviews), to reduce existing waiting lists, and increase service accessibility.

The circumstances surrounding the deaths of Baby A and Baby B identified serious failings in the care and management of Ms A and Ms B, and some serious errors in judgement, as described in the subsequent reports by the Prison and Probation Ombudsman (PPO). The findings of both reports are serious, and urgent action by the MoJ, HMPPS, NHSE/I and other listed parties must be taken. The MoJ, HMPPS Women in Prison 79 and NHSE/I should set out the progress they are making against each recommendation in both reports from the PPO, and how lessons learned are being applied across the female estate.

We recognise that custody can have a significant effect on family life and welcome the work being done in response to Lord Farmer’s Review for Women. We note that 12 of the 33 recommendations have been actioned; however, it is not clear what progress has been made on the remaining 21 recommendations. The Ministry of Justice should set out its progress against each of the remaining 21 recommendations, including the timeframe for actioning them.

It continues to be a concern that the MoJ does not know how many women in prison are primary carers. Without this data, it is not possible to assess the specific needs of mothers in prison, or how well these needs are being met. We note that the MoJ is considering how to improve the central collection of this information by making changes to the questions in the Basic Custody Screening Tool. The MoJ should set out what work it is doing to ensure that vital information, such as this, is collected and published. It should also set out an indicative timeline for the collection and publication of this data.

As discussed in previous chapters, we welcome the work being done to improve community alternatives to custody and to make these a viable option for women. However, for those who are sentenced to custody, given the small number of prisons, we know that women will often be placed far away from their homes, and the challenges this presents for both parent and child. The Assisted Prisons Visits Scheme is welcome; however, we are concerned to hear that families are not routinely made aware of it. The MoJ needs to do more to ensure that all families are made aware of the Assisted Prison Visits Scheme.

We recognise the damaging effect that the pandemic had on face-to-face contact for women and welcome the measures that were taken to ensure that women could maintain contact with their families. The Ministry of Justice should set out what measures, if any, that were introduced in response to the pandemic, will be kept on a long-term basis. Additionally, the MoJ should set out the situation with regard to family contact as it currently stands; the MoJ should include information on the number of monthly family visits that took place across the female prison estate pre- Covid, and how many are now taking place. Additionally, the MoJ should set out what measures have been put in place to ensure that women are able to access family visits as needed.

It is clear that there is a gap in education data for women, which makes it difficult to provide education that meets the specific needs that women may present with. We do not know their educational needs, whether they have learning disabilities, and nor do we know their qualification levels, thus making it difficult to pitch education to women at the right level. The Ministry of Justice and HMPPS, alongside education providers, should set out how they are working to address this data gap and ensure that data is collected and made available publicly.

Whilst we recognise that the quality of education provision across the female estate is generally better than in the male estate, it is concerning that provision for women 80 Women in Prison is too narrow, and access to education can be varied, depending on sentence length. The Ministry of Justice should set out what work is being done to broaden provision of employment, training and education to meet the specific needs of women, both on short sentences and long sentences.

We welcome the changes to release on temporary licence to give prison governors greater autonomy and allow prisoners more opportunities to work and train with employers while serving their sentence. However, it is not clear how these changes have considered the specific needs of female offenders. The Ministry of Justice should set out how the needs of female offenders were considered in this regard—specifically in relation to Education, Training and Employment (ETE). Additionally, the MoJ should set out how the changes have improved women’s access to ETE opportunities and should provide data to demonstrate this.

The New Futures Network has the potential to increase job opportunities for women upon release from prison. However, given the small size of the female estate and the likelihood that women will be placed far from home, it is unclear how the New Futures Network will adapt to address this specific need. The Ministry of Justice should set out how their New Futures Network strategy for female prisons differs to that for the male estate, taking into consideration the specific challenges that are present in the female estate. Additionally, the Ministry of Justice should set out what progress has been made in developing the New Futures Network and how success is being measured, including the number of women who have been placed into employment since it became operational. (Paragraph 201) Resettlement

Accommodation is one of the most significant and urgent barriers to effective resettlement. We welcome the work the MoJ is doing to address this barrier and are particularly pleased to hear about the new accommodation service. We note that it provides up to 12 weeks of basic temporary accommodation for approximately 3,000 prison leavers. However, we are concerned that, given the comparatively small size of the female prison population, female prison leavers may be disadvantaged in accessing this service provision. The Ministry of Justice should set out how it will ensure that women are able to access this service provision as needed, and whether a proportion of this accommodation has been specifically reserved for women leaving prison.

As important as service provision is, quality and appropriateness of accommodation is also important for female prison leavers. The Ministry of Justice should set out what the basic accommodation consists of (e.g. hostel spaces, hotels etc.) and how it has considered the specific needs of women in this accommodation offer.

We recognise that accommodation is an issue that sits not only within the remit of the MoJ—it requires joint working across Government departments, local authorities, third sector organisations etc to achieve effective change. The Ministry of Justice should develop a cross-department strategy to address the accommodation needs of women in the criminal justice system. The strategy should detail different Women in Prison 81 departments’ responsibilities and how work will be conducted across government to respond to the accommodation needs of women in the criminal justice system.

We recognise the resettlement challenges that women may face when they are held in custody far from their home area. We welcome the efforts to address this for prisoners held on remand. However, it is not clear what wider work is being done to mitigate the effects of geography on resettlement. The Ministry of Justice and HMPPS should set out what work is being done to mitigate the disadvantage some women may face to their resettlement when they are held in custody far from their homes.

Women on short sentences face significant challenges regarding resettlement. We welcome the introduction of the short sentence function; however, it is not clear how this works in practice to address the needs of female offenders on short sentences. We note that there have been early adopters of this function, and learning from this will inform the longer-term approach. The MoJ and HMPPS should set out when this function will be rolled out across all probation regions, and what work the Short Sentence Team will undertake to support women to resettle successfully back into the community and how success will be measured.

Continuity of care for women on short and longer sentences is fundamental to successful resettlement. The MoJ and HMPPS should set out what work they are doing to ensure that women experience continuity of care from prison through to release. (Paragraph 226) 82 Women in Prison