Next week’s meeting of Napo’s National Executive Committee (NEC) will be considering news on a number of key issues which will help determine the way that Napo engages with employers.
These will include the initial response to the ‘without prejudice’ proposals that the Probation Unions have submitted to the NNC Employers within the NPS and CRC’s who have all indicated that they wish to review their relationship with the unions in a way that reflects the reality of the post- TR position that we all find ourselves in.
An initial exploratory meeting has taken place under the auspices of the National Negotiating Council which saw Senior NPS and CRC representatives and their owners, exchange views about how collective bargaining might look going forward. There were no agreements reached beyond the fact that further correspondence should be exchanged through the NNC Joint Secretaries to clarify some issues and facilitate further discussion.
The NEC will be updated on developments and, in light of that, asked to provide a mandate to your negotiators which will be designed to ensure that wherever Napo members work, your union will be at the bargaining table representing your interests and trying to secure maximum opportunities on your behalf.
Napo and our sister unions have held on to the NNC machinery in its present form for as long as we are able, but the choice before us is stark; we either seek to influence change or stand there and watch the bargaining machinery that has sustained us for so many years vanish wholly without trace.
No surprises for guessing which option I believe will be the most effective.
Some progress from partnership talks with Cafcass
In turbulent times the receipt of good news, which is still often heavily qualified, is nevertheless always welcome. So I was pleased to hear that some useful dialogue took place at the last meeting between the Unions and Cafcass Senior Management on a range of key issues.
Whilst Cafcass still awaits final clarification of its budget from the MoJ which is closely linked to the Comprehensive Spending Review (CSR) the joint objective is to explore the most effective ways to avoid major cuts and demonstrate flexibility. Napo reps have secured an undertaking to keep the workforce at current levels to cover increased demand for services and the additional responsibilities. Frontline services are forecasted to expand if the objective of keeping parties outside of court proceedings is successful, but there is always the hovering threat of efficiency reviews as can be seen below.
It was also clear that the Cafcass Chief Executive recognises that Private Law cases are more complex, and that this is having a major impact on staff, many of whom report that they are feeling worn out.
Interestingly, there is major concern about recruitment and retention and the need to consider how to keep staff on board. This issue has a clear read across to the increasingly competitive pay climate in the area of Social Work provision and it should not be lost on Ministers that a more imaginative pay and reward strategy for Cafcass needs to be agreed upon.
Some good progress too, in terms of the employer doing what it reasonably can to promote union communication with members and potential members, especially following last year’s AGM motion on Excessive Hours. The employer’s side were notified of the plan by Napo to confidentially survey our members about their actual time worked. This is an important and recurring issue of course, as barely any members report taking time back as TOIL; yet anecdotally complain of routinely working significantly more than their contracted hours. Thanks to the Chivalry Road team for their support in setting this up for FCS members, details of which will follow shortly.
Privatisation not on the agenda
At this juncture, I am told that there are no plans to ‘Transform’ Cafcass in the way in which Probation has suffered, and it would seem that the relationship between the Agency and the MoJ some two years on is now on a firm footing.
The section negotiators are also close to reaching an agreement on the Management of Organisational Change, covering restructuring, relocation and changes in contractual terms and conditions. Napo successfully negotiated to reintroduce the payment of excess travel costs following relocation for 2 years. The draft had contained plans to reduce this to 18 months and then 12 months. Additionally, the cap on redundancy payments for Cafcass Staff, should this become necessary, will be aligned to the proposed Civil Service Redundancy cap which is currently under discussion and which the Government are proposing should be set at a maximum of £95,000 from 1 April 2016.
Business Support Review
Nevertheless, and here is that bad news, Cafcass faces the same pressures to deliver more with less resources in the shape of the Business Support Review, which could involve major cuts in complements across the Cafcass network.
The Cafcass Negotiating Committee is urgently seeking more information about the plans which, if implemented, will no doubt result in more pressure for Family Court Advisers and Service Managers.
Napo’s Parliamentary Work
An important aspect of Napo’s operations is the contact that we make and seek to develop with Parliamentarians and their associated opinion formers as we attempt to help them better understand and support the work that our members do in Cafcass as well as Probation.
The recent combined meeting of the Family Court and Justice Unions Parliamentary Group saw the following key issues discussed: the campaign against Court Closures which will impact upon all CJS providers and users; the ongoing impact of legal aid cuts and the further inequalities of a 2-tier justice system with the wealthy having greater access to justice and the poor finding themselves increasingly unrepresented and struggling. Our friends at Simpson Millar have launched a new campaign to promote the rights of grandparents who have care of their grandchildren and which Napo will be helping to promote.
The meeting also formally noted its condolences for the family of the Northern Irish prison officer who died this week as a result of a car bomb.
The smoking in prisons ban was the key topic for the POA, who have recently had a successful legal challenge on vicarious liability. The MOJ will now have to recognise that injuries caused by prisoners working in prison will be treated in the same way as any other employers are obliged to do.
The Police Federation have raised concerns over the snooper’s charter and the use of very loose terminology to determine a breach of law. In particular, the use of the term ‘reckless’ which is not defined in the Bill and could leave the door wide open for many police officers and members of other agencies facing criminal charges.
For Napo - CRC job cuts were high on the agenda along with poor operating models in the CRC's that "justify" the cuts. We also had a lengthy discussion about the TR procurement process which is now being seen to be deeply flawed, not least with the announcement of the investigation by the MOJ into civil servants using their positions to gain employment in the private sector. The group will follow this investigation closely to ensure it does hold those responsible to account.
PSRs and the use of oral reports for serious sexual offending in Crown Court cases were also a key issue. The group will be providing full briefings on these topics and will be submitting both PQ's and an Early Day Motion to find out how many of these reports are being used, the impact on DV cases as well as sexual offending and the lack of safeguarding checks that are being carried out pre-sentence. Napo will also use the group to call for a further assessment of the performance of the CRC's and increase pressure on returning any falling CRC's back into the public sector.
Refugees Welcome
Is the slogan for the big march and rally being organised by the TUC and its affiliates in London tomorrow.
Unfortunately this is one of those rare occasions when a long standing family commitment prevents my attendance, but I hope it’s a sight warmer tomorrow for any Napo members who are there than when I addressed a similar event last year at a freezing Trafalgar Square.
I did however get to speak at a promotional rally at UCL London last week, where the moving plight of people simply seeking safe passage and refuge from the horrors of a Syrian conflict (and plenty of others across the globe) that are no fault of theirs, was graphically laid bare. In recounting my own experiences of racism, and that faced by my late Father after he came to Britain as an immigrant after the Second World War, it was easy to conclude that in some respects nothing has changed.
But the event tomorrow goes wider than that of the refugee crisis itself, and provides a platform for all who oppose racism, islamophobia, anti-Semitism and religiously inspired hatred and homophobia to make their collective voices clear. If it goes another step towards convincing world politicians that they must find a peaceful solution to wars which they are all too often the sponsors of in one form or another, then it will be time well spent.
Let us hope that the BBC may actually notice the fact that a huge mass of people are gathering outside of their front gates?
- ilawrence@napo.org.uk's blog
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