Recommendations & Conclusions
14 items
8
Conclusion
Twenty-First Report: Transforming elect…
Accepted
Witnesses admitted there should have been stronger governance and more scrutiny of the programme from the Ministry of Justice. In late 2019, HMPPS prepared an 6 Q 90 7 Q 17 8 Qq 21, 26; C&AG’s report, para 3 9 Q 20; C&AG’s report, para 3.4 10 Q 22; C&AG’s …
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Witnesses admitted there should have been stronger governance and more scrutiny of the programme from the Ministry of Justice. In late 2019, HMPPS prepared an 6 Q 90 7 Q 17 8 Qq 21, 26; C&AG’s report, para 3 9 Q 20; C&AG’s report, para 3.4 10 Q 22; C&AG’s report, para 2.4 11 C&AG’s report, para 3.4 12 Q 78 10 Transforming electronic monitoring services ‘addendum’ to its business case for the programme, as Capita’s delays in developing Gemini would require a further extension to its interim contract. Although this approach to extending the programme complied with rules in place at the time, the NAO found that this approach required more limited support and less challenge than if the programme had been formally reconsidered through a revised business case.13 HMPPS told us that as the changes fell within the scope of the business case and the then Senior Responsible Owner’s delegated authority, the programme team asked the Ministry’s investment committee “only to note the decision”.14 It also told us that had the programme pursued a termination of Capita’s contract at that point, this would have involved more detailed governance and scrutiny. HMPPS told us that it believed that its decision to extend the programme was right, as changes it made to its systems and moving them to the cloud enabled its plans to expand tagging services over the previous 18 months.15
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Government response AI summary
The government stated it had already implemented measures, introducing an improved control framework in November 2021 and strengthening departmental governance structures during 2021-22 with additional sub-committees and early warning indicator controls.
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HM Treasury
9
Recommendation
Twenty-First Report: Transforming elect…
Accepted
Both the Ministry and HMPPS told us that they had learnt lessons from weaknesses in governance and scrutiny in the programme. The Ministry explained that a lack of scrutiny can be the nature of big departments with a small corporate centre and multiple agencies. Often project teams did not know …
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Both the Ministry and HMPPS told us that they had learnt lessons from weaknesses in governance and scrutiny in the programme. The Ministry explained that a lack of scrutiny can be the nature of big departments with a small corporate centre and multiple agencies. Often project teams did not know at what point issues should be escalated as tolerances had not been explicitly agreed. The Ministry told us that recent work in both the Ministry and HMPPS had improved governance, risk controls and thresholds for escalation. The Ministry explained that it had introduced additional governance for its portfolio of major projects and programmes with a whole-life cost of at least £30 million. This additional governance included a delivery board and thresholds on affordability, delivery timetables, benefits slippage and risks and issues.16 The consequences of relying on legacy systems
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Government response AI summary
The government states that the Investment Committee has delegated powers to make decisions on portfolio projects. It also states that an improved control framework was introduced in November 2021 and governance structures were strengthened during 2021-22.
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HM Treasury
12
Conclusion
Twenty-First Report: Transforming elect…
Accepted
HMPPS’s failure to deliver Gemini also means that police forces and the Probation Service lack timely access to tagging data to investigate crime, supervise offenders and protect the public.20 HMPPS expected Gemini and the user portal to provide a range of benefits for stakeholders, including: a single version of case …
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HMPPS’s failure to deliver Gemini also means that police forces and the Probation Service lack timely access to tagging data to investigate crime, supervise offenders and protect the public.20 HMPPS expected Gemini and the user portal to provide a range of benefits for stakeholders, including: a single version of case management records; improved management information and reporting; and access to historical and real-time maps of offenders’ movements for offenders wearing GPS tags. Without Gemini, police and probation officers cannot access data in real-time across all offenders on GPS tags and have to submit manual requests for location data.21
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Government response AI summary
The government agrees to improve the timeliness of responses to requests from probation practitioners for GPS location monitoring data by March 2023, and to review the process by which police officers make requests for information from the EM supplier by the same date. It states …
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HM Treasury
13
Conclusion
Twenty-First Report: Transforming elect…
Accepted
We asked why government was not exploring mobile phone GPS technology or identity scanning software, such as fingerprint scanning used by banks. HMPPS explained that the challenge of using mobile phones in tagging is that they would not be solely used for this purpose, and that phones could be linked …
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We asked why government was not exploring mobile phone GPS technology or identity scanning software, such as fingerprint scanning used by banks. HMPPS explained that the challenge of using mobile phones in tagging is that they would not be solely used for this purpose, and that phones could be linked to servers offshore with potential data security implications. However, HMPPS has harnessed data from GPS location data in its acquisitive crime pilot which covers a cohort of around 650 offenders convicted for theft, burglary or robbery offences. The pilot uses data on alleged crimes from police and overlays location data to produce matches where offenders have been in a defined proximity. HMPPS told us that while the offenders’ probation officers can access data in real-time, the challenge was to match this capability for the rest of the GPS caseload. It told us that it had received a large number of requests from police for direct access to its system. HMPPS believed it could see operational benefits for the police if it provided direct access but it had so far not done so due to data protection considerations which it told us it wanted to step through carefully.22 19 Qq 48, 52; C&AG’s report, para 2.22 20 C&AG’s report, para 7 21 C&AG’s report, para 2.20. Figure 8 22 Qq 47, 80; C&AG’s report, Figure 15 12 Transforming electronic monitoring services 2 The evidence base for tagging Understanding the impact of tagging
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Government response AI summary
The government agrees and commits to improving the timeliness of GPS data responses for probation practitioners and completing a review of police information request processes by March 2023, while continuing to keep police requirements under review.
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HM Treasury
14
Recommendation
Twenty-First Report: Transforming elect…
Accepted
In 2006, our Committee found that there was insufficient evidence available to determine whether tagging helped to reduce re-offending or promote rehabilitation. We recommended that the Home Office—which previously managed tagging services— should carry out research to establish the role that electronic monitoring could play in minimising reoffending and make …
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In 2006, our Committee found that there was insufficient evidence available to determine whether tagging helped to reduce re-offending or promote rehabilitation. We recommended that the Home Office—which previously managed tagging services— should carry out research to establish the role that electronic monitoring could play in minimising reoffending and make the results available to courts and prisons.23 In its response to our report, the Home Office committed to conduct analysis of the reconviction rates of offenders on tagging curfew orders and make its analysis available in 2007.24 In its 2022 report, the NAO found that the evidence base for tagging still remained weak 16 years later. HMPPS did not assess the impact of tagging on demand for prison places or reoffending in its GPS location monitoring pilots due to limited resources. More broadly, HMPPS did not monitor its planned benefits in its transformation programme, which included involving diverting offenders from custody and modifying offenders’ behaviour.25
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Government response AI summary
The government agrees with the committee’s recommendation and will use EM data to inform reporting. They will also implement a benefits management strategy and realisation plan by April 2023 and develop a formal evaluation strategy for EM.
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HM Treasury
15
Conclusion
Twenty-First Report: Transforming elect…
Accepted
The Ministry admitted that its evaluation in the transformation programme was not as strong as it should have been and recognised that it needed to put more effort into evaluation going forward. It told us that it was extending its team of analysts in its expansion programme, from three to …
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The Ministry admitted that its evaluation in the transformation programme was not as strong as it should have been and recognised that it needed to put more effort into evaluation going forward. It told us that it was extending its team of analysts in its expansion programme, from three to 17.26 The Ministry told us that while there was evidence which suggested that tagging changes offenders’ behaviour while offenders were wearing tags, insights into longer-term impacts after tags are removed were limited. It committed to rigorously evaluate its current and future programmes and the extent to which tagging impacts on longer-term outcomes, including reducing reoffending, which it described as the “holy grail” of insight.27 The Ministry told us it looked forward to collecting robust and world-leading evidence, but that it did not underestimate the challenge ahead. It explained that it would need to rely on higher numbers of tagged offenders to produce robust analyses, while it still needs to better understand differences in outcomes between tagged offenders and control groups.28
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Government response AI summary
The government agrees to improve its evaluation of electronic monitoring programs, including rigorous evaluation of long-term impacts on reoffending, and outlines specific actions like improved data collection, a benefits management strategy, and a formal evaluation strategy.
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HM Treasury
17
Recommendation
Twenty-First Report: Transforming elect…
Accepted
The NAO found persistent issues in the quality and availability of HMPPS’s data on tagging, including inefficient processes, poor-quality data, limited data capture and access, and siloed data and systems. In particular, HMPPS only captured data on offenders’ age and gender.30 We asked witnesses whether they intended to capture more …
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The NAO found persistent issues in the quality and availability of HMPPS’s data on tagging, including inefficient processes, poor-quality data, limited data capture and access, and siloed data and systems. In particular, HMPPS only captured data on offenders’ age and gender.30 We asked witnesses whether they intended to capture more data on protected characteristics and whether they were concerned that ethnic minority offenders may have a greater likelihood of being placed on tags or not being placed on tags. The Ministry and HMPPS committed to capturing this data in future contracts to make sure they were providing a fair and proportionate service. More generally, HMPPS acknowledged that it could make better use of the pool of data available.31 30 C&AG’s report, para 2.18 31 Qq 72, 76–77 14 Transforming electronic monitoring services 3 Expanding tagging services
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Government response AI summary
The government agreed to the recommendation with a target implementation date of August 2023, outlining that EM data analysts now receive monthly data, a data improvement plan is developed, and data scientists have access to detailed, cleansed data for analytics.
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HM Treasury
18
Conclusion
Twenty-First Report: Transforming elect…
Accepted
In 2020, HMPPS launched a tagging expansion programme to widen the use of tagging to different groups of offenders. As part of the programme, it aims to: develop a flexible and scalable service; build the evidence base to demonstrate the effectiveness of electronic monitoring; be “data driven”; be led by …
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In 2020, HMPPS launched a tagging expansion programme to widen the use of tagging to different groups of offenders. As part of the programme, it aims to: develop a flexible and scalable service; build the evidence base to demonstrate the effectiveness of electronic monitoring; be “data driven”; be led by user needs and integrated within probation services; and ensure cost-effectiveness.32 HMPPS expects to monitor an additional 10,000 offenders over the next few years, bringing the number of people who are tagged to around 25,000 offenders. It is delivering projects to expand the service to new types of offenders while undertaking a major re-procurement of contracts to deliver the service, with the new contracts expected to be in place by January 2024. It expects to spend £1.2 billion from 2021–22 to 2030–31, including £55 million for the re-procurement, £232 million for expansion projects and £808 million for the live service.33 Progress in delivering expansion projects
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Government response AI summary
The government agreed to the recommendation with an August 2023 target, stating a benefits management strategy and realization plan would be in place by April 2023 and the Ministry of Justice is developing a formal evaluation strategy for Electronic Monitoring.
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HM Treasury
20
Conclusion
Twenty-First Report: Transforming elect…
Accepted
HMPPS launched an acquisitive crime pilot in April 2021 to impose location monitoring on prison leavers convicted for theft, burglary or robbery offences. The 19 police forces participating in the pilot send data on alleged acquisitive offenders to HMPPS’s system, which compares this with GPS location data to assist forces’ …
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HMPPS launched an acquisitive crime pilot in April 2021 to impose location monitoring on prison leavers convicted for theft, burglary or robbery offences. The 19 police forces participating in the pilot send data on alleged acquisitive offenders to HMPPS’s system, which compares this with GPS location data to assist forces’ investigation of crime when there has been a match.37 HMPPS told us that the pilot had helped the police to secure 30 charges for acquisitive offences and that the police forces value the scheme. It told us that it was early days for the pilot, but it was testing whether the scheme was leading 32 C&AG’s report, Figure 5 33 Q 54; C&AG’s report, para 4.1 34 Q 67, 69; C&AG’s report, Figure 15 35 Q 61 36 Qq 68–69 37 C&AG’s report, Figure 15 and para 4.7 Transforming electronic monitoring services 15 to longer-term changes in offenders’ behaviour. It explained that it planned to evaluate the scheme over the next three years and will not extend it further until it has evidence that it is working.38 We noted that HMPPS had achieved better capability in the pilot for a smaller upgrade compared to its £98 million investment in the Gemini case management system. HMPPS believed that the technology used in the pilot is better than the planned functionality that the Gemini case management system and user portal were designed for originally. It told us this was the first time that it has been leveraging the power of location data from GPS tags and that it sees future opportunities to use the data more broadly.39
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Government response AI summary
The government agreed to the recommendation with a target of March 2023, stating the agency is working with EM service providers to improve the timeliness of responses to probation practitioners' requests for GPS location monitoring data.
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HM Treasury
21
Conclusion
Twenty-First Report: Transforming elect…
Accepted
HMPPS launched its Home Office Immigration Enforcement project, on behalf of the Home Office, in August 2021. This project extended the use of tagging using GPS tags to Foreign National Offenders who are subject to deportation proceedings. HMPPS rolled out standard fitted tags on schedule, but both it and G4S …
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HMPPS launched its Home Office Immigration Enforcement project, on behalf of the Home Office, in August 2021. This project extended the use of tagging using GPS tags to Foreign National Offenders who are subject to deportation proceedings. HMPPS rolled out standard fitted tags on schedule, but both it and G4S faced challenges in developing non-fitted devices: removable watches which capture facial recognition scans. Eleven months after HMPPS decided to pursue G4S’s solution, the Ministry of Justice’s Security Function advised that the device should no longer be pursued as the operating system was not compliant with cyber security standards.40 HMPPS told us that the Home Office’s original requirement for facial recognition technology significantly narrowed the available market and that the only potentially viable solution was an option available from G4S. HMPPS explained that once it learnt that the operating system was out of date, it, the Home Office and G4S agreed that the device could not be updated due to high costs. It told us that the Home Office has now opted to pursue devices which capture fingerprints instead, which has opened up more options in the market. HMPPS expected the new device to be available from September 2022.41
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Government response AI summary
The government agreed to the recommendation with a target date of February 2023, committing to produce and embed a robust lessons learned strategy and approach across the EM programme and with stakeholders.
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HM Treasury
22
Conclusion
Twenty-First Report: Transforming elect…
Accepted
Given its poor experience of developing bespoke technology in its transformation programme, HMPPS told us that it was “very cautious” about commissioning further novel solutions. For example, while tags which monitor multiple drugs at the same time are currently unavailable on the market, it wanted to explore advances in drug …
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Given its poor experience of developing bespoke technology in its transformation programme, HMPPS told us that it was “very cautious” about commissioning further novel solutions. For example, while tags which monitor multiple drugs at the same time are currently unavailable on the market, it wanted to explore advances in drug testing and how this could be applied in the criminal justice system. HMPPS told us that it had created an £18.5 million innovation fund to explore how the market may be able to help develop tagging services in the future, including possible drug monitoring. In the meantime, it explained that it had started piloting tagging for other groups including domestic abuse perpetrators. It planned to roll out the use of GPS devices for high-risk domestic abuse offenders in 2023.42 Re-procuring contracts
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Government response AI summary
The government agreed to the recommendation with a target date of February 2023, committing to produce and embed a robust lessons learned strategy and approach across the EM programme and with stakeholders.
Read full response →
HM Treasury
23
Conclusion
Twenty-First Report: Transforming elect…
Accepted
In parallel with managing its expansion projects, HMPPS is undertaking a re- procurement for its contracts with companies to run the tagging services. HMPPS has relied on Capita’s ‘bridge’ contract throughout its transformation programme. This was only intended to be a temporary arrangement until HMPPS launched its new service through …
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In parallel with managing its expansion projects, HMPPS is undertaking a re- procurement for its contracts with companies to run the tagging services. HMPPS has relied on Capita’s ‘bridge’ contract throughout its transformation programme. This was only intended to be a temporary arrangement until HMPPS launched its new service through Gemini. HMPPS has extended Capita’s contract to its maximum period, so new 38 Qq 58–59 39 Qq 47, 72 40 C&AG’s report, paras 4.9–4.10, Figure 15 41 Q 65 42 Qq 72, 75 16 Transforming electronic monitoring services contracts must be in place by January 2024 to ensure continuity of services. It expected to award contracts in summer 2023, marking the start of a transition period between suppliers.43
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Government response AI summary
The government agrees with the recommendation and states that the procurement of new contracts is being run in compliance with The Sourcing Playbook, and risks are managed in accordance with the EM Portfolio Risk Management Strategy. They will update the committee in August 2023, once …
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HM Treasury
25
Conclusion
Twenty-First Report: Transforming elect…
Accepted
We questioned HMPPS on what it saw as the biggest risks in the expansion programme. HMPPS told us that it is challenging reprocuring the service as it is changing and as the number of tagged people is increasing. It explained that it has been managing this in different ways, such …
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We questioned HMPPS on what it saw as the biggest risks in the expansion programme. HMPPS told us that it is challenging reprocuring the service as it is changing and as the number of tagged people is increasing. It explained that it has been managing this in different ways, such as getting its expansion projects into live service ahead of the re- procurement, ensuring there are dedicated resources in place and introducing a “change freeze” to ensure there will be no major changes as it switches over to its new suppliers.47
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Government response AI summary
The government states that project risks are managed according to the EM Portfolio Risk Management Strategy and that the procurement of new contracts is being run in compliance with the government standard, The Sourcing Playbook.
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HM Treasury
26
Recommendation
Twenty-First Report: Transforming elect…
Accepted
Earlier in its transformation programme, HMPPS outsourced the role of systems and services integrator to Capita, which involved pulling together suppliers’ work to deliver an end-to-end tagging service.48 In 2017, we examined earlier progress in the programme. We found that this arrangement failed as, in part, the Ministry did not …
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Earlier in its transformation programme, HMPPS outsourced the role of systems and services integrator to Capita, which involved pulling together suppliers’ work to deliver an end-to-end tagging service.48 In 2017, we examined earlier progress in the programme. We found that this arrangement failed as, in part, the Ministry did not have sufficient transparency of the services being delivered in other parts of the programme. We recommended that the Ministry should ensure that it puts the right skills in place to properly oversee future projects from their outset and keeps them there, particularly those being delivered by private contractors.49 In its response to our report, the Department said it was building a centralised model for its Project Delivery staff which would ensure that it has skilled resources in place for its priority projects.50 Following a dispute with Capita and financial settlement, HMPPS took on the integrator role when it restarted 43 C&AG’s report, para 4.16 44 Qq 22, 73; C&AG’s report, Figure 17 45 Q 88 46 C&AG’s report, paras 4.19 and 4.21 47 Q 83 48 Comptroller and Auditor General, The new generation electronic monitoring programme, Session 2017–2019, HC 242, 12 July 2017, para 10 49 Committee of Public Accounts, Offender-monitoring tags, Fifteenth Report of Session 2017–19, 24 January 2018, HC 458, para 2. 50 HM Treasury, Treasury Minutes, Government Response to the Committee of Public Accounts on the Twelfth to the Nineteenth reports from Session 2017–19, March 2018 Transforming electronic monitoring services 17 its transformation programme in 2017. The NAO found that there were shortcomings in HMPPS’s performance as integrator and it did not intervene early enough to resolve cross- supplier integration issues.51
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Government response AI summary
The government states that project risks are managed according to the EM Portfolio Risk Management Strategy and that the procurement of new contracts is being run in compliance with the government standard, The Sourcing Playbook.
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HM Treasury