The following are excerpts from Napo’s formal initial response as a trade union, dated the 14th of July, to the information we were provided with at that time by HMPPS on the changes made by the Secretary of State for Justice to the parole process.
“It’s outrageous that this fundamental change was introduced without any meaningful consultation or notice in advance of the Statutory Instrument…
…It’s clear that no current practitioners or relevant stakeholders have been consulted in advance on what is in effect a dangerously inept political ‘power grab’. This demonstrates a complete failure to comprehend the severe consequences of the huge mistake being made by doing so…
…Our concern is that this is a decision which is wholly politically motivated, made in response to a tiny proportion of individual cases which have received significant national publicity. Unfortunately, experience tells us that this never makes for considered or effective decision making in the criminal justice system…
…In thousands of instances every year no recommendation of any sort will be made to the Parole Board, with experienced, trusted experts such as Probation staff being actively prohibited from doing so by the Secretary of State. This significantly increases the risk to the public, and will damage their confidence in the criminal justice system…
…So far there has been no consultation with the recognised experts in this area of practice – the staff currently writing these reports and attending Oral Hearings. In fact, the Secretary of State has – potentially deliberately – avoided any such process of engagement. How can the recognised trade unions and their members have any confidence that this guidance will be fit for purpose, especially given the mass of contradictions and flaws inherent in this plan and the extremely limited time available for its production?...”
We’ve taken the unusual step of including these excerpts in this communication following this week’s judgement of the High Court on cases related to the changes imposed by the Secretary of State for Justice in July 2022 – www.judiciary.uk/wp-content/uploads/2023/03/Bailey-and-Morris-judgment.pdf
To be in the position of having received such a damning indictment on their behaviour and judgement, has resulted in HMPPS carrying out the Minister’s stated aims in a manner that was described in the judgement as “unlawful” in multiple respects.
While we are aware of the possibility the Secretary of State may appeal this judgement – and given lack of any apparent judgement and sense of decency this remains entirely likely – it is difficult to see how they can recover from abject defeat in Court.
As detailed in previous communications over the months since these changes were announced Napo has consistently taken the fight to HMPPS on behalf of its members on this matter at every opportunity possible in the months since these changes were announced. We have made repeated representations about the dire effects that these changes would clearly cause, both for our members and the wider criminal justice system, then unceasingly brought these to the employer’s attention as often as we were able to after their implementation. In addition to this we have worked with others interested parties – such as in the Houses of Parliament, charitable organisations involved or the legal representatives of the individuals party to the Court case above – to attempt to overturn these changes at the earliest opportunity. In doing this we are grateful to the members who have shared their experiences and concerns with us to enable Napo to better represent all our members and to defend the importance of our professional judgement.
Napo believe this stands as the most recent example to be added to the increasingly long list of instances when HMPPS should have listened to its workers, and their trade union representatives, to avoid making disastrous decisions. Members can be assured we will cite this in the future in our contacts with HMPPS in relation to our reasoned, critical opposition to, for example, the proposed changes to programmes as well as ‘One HMPPS’.