Source · Select Committees · Justice Committee
First Report - Women in Prison
Justice Committee
HC 265
Published 26 July 2022
Recommendations
4
Accepted
Para 40
Set out prioritisation of gender-specific diversionary routes and OOCD success measures for women.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation, committing to develop and deliver briefing materials for regular engagement sessions with the judiciary and court staff to raise awareness of issues faced by women who offend and inform on sentencing implications, community options, and good practice.
Ministry of Justice
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6
Deferred
Para 47
Set out financial investment and operational timeframe for women's liaison and diversion pathways.
Recommendation
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. …
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Government Response Summary
The government accepted the recommendation but responded by outlining an ongoing process evaluation of the Pre-Sentence Report (PSR) pilot, which includes female offenders as a priority cohort, with a report to be published in 2023, instead of detailing financial investment or timeframes for L&D women's pathways.
Ministry of Justice
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7
Rejected
Para 49
Consider establishing an overarching guideline or guidance for sentencing female offenders.
Recommendation
We recommend that the Sentencing Council considers whether an overarching guideline or guidance for sentencing female offenders is required.
Government Response Summary
The government explicitly rejected the recommendation for an overarching sentencing guideline for female offenders, stating that the sentencing code already requires Pre-Sentence Reports (PSRs) and that they are addressing the issue through the ongoing PSR pilot, which includes female offenders as a priority cohort.
Ministry of Justice
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9
Accepted
Para 61
Set out MoJ's work with judiciary to inform sentencing and improve community sentence confidence.
Recommendation
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 …
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Government Response Summary
The government committed over £10m to a Residential Women’s Centre in Wales over the next 3 years and is developing its operating model and planning a feasibility study to evaluate it, despite a planning rejection.
Ministry of Justice
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11
Deferred
Para 77
Publish evaluation of pre-sentence report pilot, detailing success measures, targets and ethnic minority outcomes.
Recommendation
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 …
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Government Response Summary
The government did not address the specific pre-sentence report pilot, its evaluation, or targets, instead stating that Community Sentence Treatment Requirements (CSTRs) for substance misuse and secondary mental health are available in all court areas, with primary care coverage aimed for 100% by 2023/2024.
Ministry of Justice
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13
Deferred
Set out an indicative timeline for developing the remaining four Residential Women’s Centre pilot sites.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded by detailing an internal review of the ACCT (self-harm prevention) process within the women's estate, rather than providing a timeline for remaining Residential Women's Centre pilot sites.
Ministry of Justice
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14
Deferred
Para 88
Set out detailed operational plans and evaluation methods for Residential Women's Centres.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded by detailing a multi-disciplinary Women’s Self-Harm Taskforce and various prison safety measures, instead of providing operational details or evaluation plans for Residential Women's Centres.
Ministry of Justice
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17
Deferred
Set out detailed plans for the 500 new female prison places, including modelling.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded by detailing reforms in the draft Mental Health Bill to prevent prisons from being used as a place of safety and enable direct transfer to therapeutic settings, rather than clarifying plans for 500 new prison places.
Ministry of Justice
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18
Deferred
Para 116
Set out clear evaluation methods for the new ACCT process's success in reducing self-harm.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded by stating it concluded an internal review into the use of remand for own protection under the Bail Act 1976 and established a working group to implement reforms from the draft Mental Health Bill, addressing a different topic.
Ministry of Justice
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19
Rejected
Para 117
Set out complementary work being done alongside ACCT to prevent over-reliance on the process.
Recommendation
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 …
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Government Response Summary
The government rejected the recommendation, explaining that a cross-agency group found no robust data sources for the issue and it is not practical to collect new data while focusing on reforms to prevent custody being used as a place of safety.
Ministry of Justice
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20
Deferred
Para 118
Confirm full rollout of Offender Management in Custody (OMiC) and provide keyworker allocation timeline.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded with general information about reducing violence and enhancing prison safety, including a £37 million investment and an innovations taskforce. It did not confirm the full rollout of the OMiC model across the female estate or provide a timeline for keyworker allocation.
Ministry of Justice
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22
Deferred
Para 125
Clarify trauma-informed staff training requirements, structure, completion rates, and ongoing monitoring mechanisms.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded by discussing a joint Information Sharing Task & Finish group's delivery plan for 2022-2023, amendments to medical emergency protocols, and the refreshing of the Substance Misuse service specification, without addressing the specific questions about trauma-informed training.
Ministry of Justice
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23
Accepted
Para 131
Require the Government to address using prisons as 'places of safety' for the acutely unwell.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation, stating that governors work with NHS commissioners and providers to ensure timely access to healthcare, and Local Prison Health Delivery Boards plan responses, describing existing arrangements rather than new steps to prevent using prison as a place of safety.
Ministry of Justice
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24
Deferred
Para 132
Require the Ministry of Justice to publish scope and timeframe for remand review.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded by detailing actions taken in response to PPO recommendations regarding Baby A and Baby B deaths, including a new policy on Pregnancy, Mother and Baby Units, and the development of a Pregnancy and Post-natal specification, which is unrelated to the requested review.
Ministry of Justice
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26
Deferred
Para 137
Require MoJ and HMPPS to set out work addressing violence across the female estate.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded by detailing changes to the Basic Custody Screening Tool for data collection and efforts through the £19.7m BOLD programme to understand children affected by parental incarceration, rather than outlining work to address violence levels.
Ministry of Justice
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28
Deferred
Para 144
Require NHSE/I, HMPPS, MoJ to publish action plan responding to Women's Health Review.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but responded by outlining measures to maintain family contact during the pandemic, retaining social video calling permanently, and introducing a new central data collection for family visits from February 2023, rather than committing to an action plan for the National Women’s Prisons Health and Social Care Review or improving health data collection.
Ministry of Justice
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29
Deferred
Para 153
Require MoJ, HMPPS, NHSE/I to set out work improving prison healthcare and accessibility.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but focused its response on improvements in data collection for learning difficulties, educational attainment (exploring gender breakdown in Autumn 2022), and care experience (publishing guidance in Oct 2022 and a research project until Jan 2023), rather than addressing the requested improvements in staff communications, medical emergency response, drug management, or efforts to reduce healthcare waiting lists.
Ministry of Justice
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30
Deferred
Para 166
Require MoJ, HMPPS, NHSE/I to report progress on PPO recommendations for female deaths.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but did not provide an update on the PPO reports regarding Baby A and Baby B deaths or how lessons learned are being applied. Instead, it outlined commitments to transform the Prisoner Education Service, recruit Neurodiversity Support Managers (5 roles offered, others recruiting), develop personal learning plans, and work towards allowing prisoners to undertake apprenticeships with new regulations by early October.
Ministry of Justice
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31
Acknowledged
Para 177
Require Ministry of Justice to report progress on remaining Lord Farmer Review recommendations.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation, outlining general work related to employment opportunities and Release on Temporary Licence (ROTL) for women, including ensuring all 12 women’s prisons have Employer Advisory Boards, Prison Employment Leads, and Employment Hubs. It provided data showing increases in women's ROTL usage but did not detail progress against each of the 21 outstanding recommendations from Lord Farmer's Review or provide specific timeframes.
Ministry of Justice
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32
Deferred
Para 178
Require MoJ to publish plan and timeline for collecting primary carer data.
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but did not set out work or a timeline for collecting and publishing data on women in prison who are primary carers. Instead, it described commitments to improve job opportunities and employment support for women, detailing the roles of the New Futures Network and Employment Brokers, and noting that 10 Prison Employment Leads and 6 Employment Hubs are operational in women's prisons as of September 2022.
Ministry of Justice
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34
Deferred
Para 180
Publish long-term retention plans for pandemic family contact measures and current visit data for women
Recommendation
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, …
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Government Response Summary
The government accepted the recommendation but did not address family contact measures, pandemic-related changes, or family visit data. Instead, it detailed the Community Accommodation Service for prison leavers, outlining temporary accommodation, single-gender provision with 10% for women, and the support provided by Community Probation Practitioners and the Women’s Commissioned Rehabilitation Service for housing and holistic needs.
Ministry of Justice
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35
Rejected
Para 188
Publish strategy to address education data gaps for incarcerated women, ensuring public availability
Recommendation
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 …
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Government Response Summary
The government explicitly rejected the recommendation, claiming the issue is already being addressed through other means. However, the subsequent explanation focused solely on strategies for reducing homelessness and providing accommodation services for prison leavers, including gender-specific provision and increasing women in open conditions, rather than addressing education data gaps for women.
Ministry of Justice
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36
Accepted
Para 194
Broaden employment, training, and education provision to meet the specific needs of incarcerated women
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation and outlined a new Resettlement Approach, including embedded pre-release teams in women's prisons to connect women with community support and services. It committed to pursuing legislation to allow earlier release where a release date falls on a Friday or before a bank holiday (Private Members' Bill Second Reading in December) and to developing a personalised resettlement passport covering education, skills, and work, with initial trials by the end of the year.
Ministry of Justice
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37
Deferred
Para 200
Publish data detailing how ROL changes improved female offenders' access to Education, Training, and Employment
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation but did not explain how changes to Release on Temporary Licence (ROTL) specifically considered female offenders' Education, Training, and Employment (ETE) needs or provide data on improved ETE access via ROTL. Instead, it described a new performance measure for pre-release assessments for those with 10 months or less to serve (to be introduced in 2023) and outlined support structures for short-sentence prisoners focusing on resettlement and accommodation outcomes.
Ministry of Justice
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38
Accepted
Set out differentiated New Futures Network strategy for female prisons, including progress and employment data
Recommendation
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 …
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Government Response Summary
The government committed to embedding pre-release teams in all women's prisons to provide specific support services including finance and debt, and aims to commence additional specialist accommodation and debt support for women by autumn.
Ministry of Justice
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39
Accepted
Para 214
Set out how female prison leavers will access new accommodation, ensuring equitable provision
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation, detailing that the Community Accommodation Service considers women's needs with gender-specific provision, an additional 39 beds in Approved Premises, and a commitment to reserve 10% of bed spaces in each probation region for female offenders in the new contract.
Ministry of Justice
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40
Accepted
Para 215
Publish details of basic accommodation provision and how it considers specific needs of women
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation, detailing that the community accommodation service uses private rented sector or short-term hotels, with 10% of provision in each region dedicated to single-gender usage for female prison leavers, and additional support through Women’s Commissioned Rehabilitation Service.
Ministry of Justice
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41
Accepted
Para 216
Effective accommodation support for women requires a joint, cross-government strategy
Recommendation
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 …
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Government Response Summary
The government rejected the recommendation, stating a cross-department strategy is already being delivered through the Prison Strategy White Paper and Beating Crime Plan, which include ensuring no one is released homeless and specific support for women's accommodation needs.
Ministry of Justice
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42
Accepted
Para 219
Publish measures mitigating geographical disadvantage for women's resettlement from distant custody locations
Recommendation
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 …
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Government Response Summary
The government accepted the recommendation, outlining that Probation Practitioners will build relationships regardless of prison location, pre-release teams will link with home area services, and new initiatives include early release legislation and a personalised resettlement passport for women by the end of the year.
Ministry of Justice
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43
Accepted
Para 225
Publish rollout schedule for short sentence function, detailing support for women's resettlement and success measurement.
Recommendation
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 …
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Government Response Summary
The government accepts the recommendation, stating a new performance measure will be introduced in 2023 for pre-release assessments for those with short sentences. Short Sentence Functions will involve staff working directly with people on probation, including pre-release teams in women’s prisons, and success will be measured by monitoring compliance, reduced enforcement, and improved accommodation outcomes.
Ministry of Justice
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44
Accepted
Publish details of work ensuring continuity of care for women from prison to release.
Recommendation
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. …
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Government Response Summary
The government accepted the recommendation, outlining a new resettlement approach with embedded pre-release teams in women's prisons, enhanced collaboration between Probation Practitioners and other services, and new specialist support for accommodation, finance, and debt for women by autumn.
Ministry of Justice
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Conclusions (13)
1
Conclusion
Accepted
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 …
Government Response Summary
The government accepted the recommendation, committing to review the effectiveness of Out of Court Disposals (OOCDs) for women and detailing an 18-month study by RAND Europe, Get the Data and Skills for Health and Justice on police use of OOCDs for adults with health vulnerabilities, including women, due to conclude in March 2023.
2
Conclusion
Accepted
Para 28
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 …
Government Response Summary
The government accepted the recommendation, confirming existing funding for Liaison and Diversion (L&D) services, and committed to a review to identify good practice in L&D women's pathways, followed by a workshop in November and a report to the Non-custodial Partnership Advisory Group.
3
Conclusion
Accepted
Para 39
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 …
Government Response Summary
The government accepted the recommendation, stating that the Sentencing Council will consider whether evidence supports separate guidance for female offenders as part of its five-year strategy, and will explore this as part of a review of expanded explanations in guidelines commencing later in 2022.
5
Conclusion
Deferred
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 …
Government Response Summary
The government accepted the recommendation but responded by outlining a pre-sentence report (PSR) pilot, launched last year, aimed at improving the quality of information presented to court, with an evaluation report due in 2023, rather than addressing investment or consistency in L&D women's pathways.
8
Conclusion
Accepted
Para 60
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 …
Government Response Summary
The government launched a grants funding competition on 1 September for providers of women's residential services to apply for funding to pilot residential women's centres, with awards anticipated early 2023.
10
Conclusion
Deferred
Para 76
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 …
Government Response Summary
The government announced £24 million over 3 years to support women in the criminal justice system through women's community sector investment and service integration, but did not specifically address the decline in pre-sentence reports or how it plans to increase their use.
12
Conclusion
Deferred
Para 78
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.
Government Response Summary
The government accepted the recommendation but responded by outlining plans to provide 456 additional trauma-informed prison places across five women's prisons by early 2025, rather than addressing mandatory full written pre-sentence reports.
15
Conclusion
Deferred
Para 89
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 …
Government Response Summary
The government accepted the recommendation but responded by detailing the rollout of the OMiC Key Work and Case management model across the women's prison estate, rather than addressing the support for existing community-based Women's Centres.
16
Conclusion
Deferred
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 …
Government Response Summary
The government accepted the recommendation but responded by detailing enhanced trauma-informed training for new and existing prison officers in the women’s estate, rather than committing to rolling out CSTRs for 100% court area coverage.
21
Conclusion
Deferred
Para 124
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 …
Government Response Summary
The government accepted the recommendation but responded by stating that a review of health and social care across the women's estate is due to report in Autumn 2022, with next steps to be considered afterwards, without clarifying the scope of staff training.
25
Conclusion
Deferred
Para 133
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 …
Government Response Summary
The government accepted the recommendation but responded by stating it has completed 25 out of 31 of Lord Farmer’s recommendations on family relationships and will publish a progress update by the end of 2022, which is unrelated to collecting data on custody as a place of safety.
27
Conclusion
Deferred
Para 143
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 …
Government Response Summary
The government accepted the recommendation but responded by stating it is piloting changes to a scheme to enable more children to visit and plans a relaunch of the Help with Visits scheme by April 2023, which is unrelated to collecting data on women's health needs.
33
Conclusion
Deferred
Para 179
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 …
Government Response Summary
The government accepted the recommendation but did not address the Assisted Prison Visits Scheme or how to raise awareness of it. Instead, it focused on commitments to prevent homelessness for prison leavers through the Community Accommodation Service, detailing gender-specific provision, increased capacity for women in Approved Premises, and plans to increase Strategic Housing Specialists to one in every female custodial establishment.