Recommendation 19

HMPPS began accepting applications for a provider to run the Medway secure school in October 2018 and received five applications. As the National Audit Office noted in its report, HMPPS used a DfE application process for academies (free schools)—rather than the regulations that govern public procurements—as they considered it the best option for attracting the right educationally-focused provider.64 The Ministry and HMPPS told us that they wanted to develop the provider market for secure schools, as well as encourage innovation and greater provider autonomy.65 Even with one or two secure schools they would ideally want to have more than one or two potential providers. HMPPS also said that it wanted to have a provider involved early on, to help with shaping its decisions on the nature of the service.66 Yet, its decision to appoint the provider early on to co-design the school was risky, as it did not have the legislation in place at that time that would permit a charity to run a secure school. It was only following discussions with the Charity Commission that it had realised such legislation was needed.67