By Mike Maguire, Welsh Centre for Crime and Social Justice.

1. Cross-sector working in a new penalCross-sector working in a new penal
landscape: partnership in the contextlandscape: partnership in the context
of ‘Transforming Rehabilitation’of ‘Transforming Rehabilitation’
Mike MaguireMike Maguire
Professor of Criminology & Criminal JusticeProfessor of Criminology & Criminal Justice
University of South Wales,University of South Wales,
Director of Welsh Centre for Crime and Social JusticeDirector of Welsh Centre for Crime and Social Justice

2. Transforming RehabilitationTransforming Rehabilitation
(TR)(TR)
 It hasn’t happened yet - all speculation!It hasn’t happened yet - all speculation!
 Focus on questions, challenges aroundFocus on questions, challenges around
effective ‘three sector’ partnership workingeffective ‘three sector’ partnership working
 Mainly think about the challenges andMainly think about the challenges and
opportunities from Third Sector (VCSEopportunities from Third Sector (VCSE
sector) point of viewsector) point of view

3. BackgroundBackground
For over 15 years, frequent government rhetoric aboutFor over 15 years, frequent government rhetoric about
‘harnessing’ the special qualities of the Third Sector to‘harnessing’ the special qualities of the Third Sector to
‘transform’ public services (including CJS). Said to be:‘transform’ public services (including CJS). Said to be:
 Value-drivenValue-driven
 Committed staff and volunteersCommitted staff and volunteers
 InnovationInnovation
 FlexibilityFlexibility
 Closeness to communityCloseness to community
 Client-led and needs-led approachesClient-led and needs-led approaches
 Outreach, engage the ‘hard to reach’Outreach, engage the ‘hard to reach’
 Trust and genuine engagement by clientsTrust and genuine engagement by clients

4. ‘‘Transformation’ said to beTransformation’ said to be
achievable through:achievable through:
Closer ‘partnership’ with statutory agenciesCloser ‘partnership’ with statutory agencies
More cross-fertilisation of ways of workingMore cross-fertilisation of ways of working
More outsourcing to VCS of tasks previouslyMore outsourcing to VCS of tasks previously
undertaken by public sector agenciesundertaken by public sector agencies
(even some ‘core’ services)(even some ‘core’ services)
However, not always translated into reality…However, not always translated into reality…

5. VCSE experience ofVCSE experience of
relationships with criminalrelationships with criminal
justice system:justice system:
Often good local and individual relationships – eg probationOften good local and individual relationships – eg probation
with substance misuse or housing charitieswith substance misuse or housing charities BUT….BUT….
 ‘‘Partnerships’ often unequal – in reality, sub-Partnerships’ often unequal – in reality, sub-
contracted to provide defined service, withcontracted to provide defined service, with
limited opportunities to innovate, engage, etc.limited opportunities to innovate, engage, etc.
 Insecure, short term contractsInsecure, short term contracts
 Not always invited to join strategic bodiesNot always invited to join strategic bodies
 Sometimes regarded by ‘professionals’ (prison,Sometimes regarded by ‘professionals’ (prison,
police, probation) as inefficient or unskilledpolice, probation) as inefficient or unskilled
 Public sector agencies sometimes reluctant toPublic sector agencies sometimes reluctant to
share information with themshare information with them

6. TRTR
What will happen to partnership under theWhat will happen to partnership under the
Transforming Rehabilitation programme?Transforming Rehabilitation programme?

7. Entry into the scene of privateEntry into the scene of private
companiescompanies
1. Approx 70% of Probation caseload to be transferred to 211. Approx 70% of Probation caseload to be transferred to 21
‘Newcos’ (20 areas in England, plus whole of Wales)‘Newcos’ (20 areas in England, plus whole of Wales)
2. Remaining 30% (high risk of harm) to new National Probation2. Remaining 30% (high risk of harm) to new National Probation
Service (NPS)Service (NPS)
3. NPS retain control of risk assessment, dealings with courts3. NPS retain control of risk assessment, dealings with courts
and breach actionsand breach actions
4. Commissioning of providers will be national (NOMS)4. Commissioning of providers will be national (NOMS)
5. Payment by results (reduced reoffending and fewer total5. Payment by results (reduced reoffending and fewer total
crimes)crimes)
6. Each Newco will have a ‘prime’ (most or all private sector)6. Each Newco will have a ‘prime’ (most or all private sector)
provider plus a pyramid of ‘second and third tier’ providersprovider plus a pyramid of ‘second and third tier’ providers
(mainly third sector)(mainly third sector)

8. On the face of it, an excellentOn the face of it, an excellent
opportunity for voluntary agenciesopportunity for voluntary agencies::
 To obtain steady long-term fundingTo obtain steady long-term funding
 To demonstrate the ‘best’ of the voluntaryTo demonstrate the ‘best’ of the voluntary
sector – engaging clients and developingsector – engaging clients and developing
innovative ways of workinginnovative ways of working
 To develop more meaningful ‘partnerships’To develop more meaningful ‘partnerships’
- be a core member of a multi-agency- be a core member of a multi-agency
team, have a full seat at the tableteam, have a full seat at the table

9. However, to ‘work’, TR willHowever, to ‘work’, TR will
need:need:
Effective ‘partnership’, communication andEffective ‘partnership’, communication and
coordination across 3 sectors and a variety ofcoordination across 3 sectors and a variety of
geographical areas (local, regional, etc):geographical areas (local, regional, etc):
- Within Newcos, between 2Within Newcos, between 2ndnd
and 3rd tier providers andand 3rd tier providers and
the primethe prime
- between all three tiers of Newcos and NPS and prisonsbetween all three tiers of Newcos and NPS and prisons
- between all three tiers of Newcos and other statutorybetween all three tiers of Newcos and other statutory
and VCSE agencies (eg housing, health)and VCSE agencies (eg housing, health)
- Between all three tiers of Newcos and other partnershipsBetween all three tiers of Newcos and other partnerships
(eg IOM, CSPs, YOS)(eg IOM, CSPs, YOS)

10. This sets huge challenges in terms ofThis sets huge challenges in terms of
organisation, logistics, IT systems, etcorganisation, logistics, IT systems, etc
But also raises important questions aboutBut also raises important questions about
the nature of relationships betweenthe nature of relationships between
partners and the effect of differingpartners and the effect of differing
cultures, values, practices, etccultures, values, practices, etc

11. Research on effective partnership suggests it is best whenResearch on effective partnership suggests it is best when
‘committed’ rather than ‘opportunistic’; and when it has a‘committed’ rather than ‘opportunistic’; and when it has a
‘conducive framework’ within which partners:‘conducive framework’ within which partners:
 Can ‘blend different agendas and roles’Can ‘blend different agendas and roles’ (Mawby et al(Mawby et al
2007)2007)
 Can adapt the imperatives of policy “from above”Can adapt the imperatives of policy “from above”
to local conditionsto local conditions
 Have clear andHave clear and mutually agreedmutually agreed definitions ofdefinitions of
roles and responsibilitiesroles and responsibilities (Sarkis and Webster 1995)(Sarkis and Webster 1995)
 Have ‘a common orientation to a work objective;Have ‘a common orientation to a work objective;
relative parity in decision-making; equality andrelative parity in decision-making; equality and
respect’respect’ (Corcoran & Fox 2012)(Corcoran & Fox 2012)
 Co-location also a major advantage (IOM,Co-location also a major advantage (IOM,
YOTs, women’s centres)YOTs, women’s centres)

12. Will these conditions apply?Will these conditions apply?
Can ‘common orientation to a work objective’ be found?Can ‘common orientation to a work objective’ be found?
‘‘Results’ focus (reoffending rates) v broader focusResults’ focus (reoffending rates) v broader focus
(empowerment of clients, well-being, welfare, etc)?(empowerment of clients, well-being, welfare, etc)?
Can these different agendas be ‘blended’?Can these different agendas be ‘blended’?
How much say will 2How much say will 2ndnd
and 3and 3rdrd
tier providers have in how theirtier providers have in how their
roles are conceived and implemented?roles are conceived and implemented?
How much freedom will they be given to ‘adapt their rolesHow much freedom will they be given to ‘adapt their roles
to local conditions?’ Can they negotiate these roles?to local conditions?’ Can they negotiate these roles?
We don’t know – not many precedents (though WorkWe don’t know – not many precedents (though Work
Programme?)Programme?)

13. In terms of working practices…In terms of working practices…
Will primes’ need to process large numbers of casesWill primes’ need to process large numbers of cases
efficiently, clash with VCS’s typical ‘needs led’efficiently, clash with VCS’s typical ‘needs led’
approach? (Spread the jam evenly or in lumps?)approach? (Spread the jam evenly or in lumps?)
Will primes discourage 2Will primes discourage 2ndnd
/3/3rdrd
tier VCS partners fromtier VCS partners from
undertaking intensive work with ‘poor bets’ re re-undertaking intensive work with ‘poor bets’ re re-
offending?offending?
How will both relate to the NPS? How much discussion/How will both relate to the NPS? How much discussion/
data sharing around breach decisions/risk leveldata sharing around breach decisions/risk level
changes?changes?
Will VCS preference for voluntary engagement/likelyWill VCS preference for voluntary engagement/likely
greater tolerance of non-compliance, clash with NPS’greater tolerance of non-compliance, clash with NPS’
and/or primes’ approach to enforcement?and/or primes’ approach to enforcement?

14. Performance and accountabilityPerformance and accountability
 Will primes ‘performance manage’ their VCSWill primes ‘performance manage’ their VCS
partners’ work? Hold them responsible forpartners’ work? Hold them responsible for
reoffending rates? Use ‘intermediatereoffending rates? Use ‘intermediate
outcome’/‘distance travelled’ measures? Howoutcome’/‘distance travelled’ measures? How
will this affect partnership?will this affect partnership?
 More generally, how will accountability workMore generally, how will accountability work
when things go wrong?when things go wrong?

15. In summary… opportunity orIn summary… opportunity or
threat?threat?
Is this an opportunity for the VCSE sector to become aIs this an opportunity for the VCSE sector to become a
major player in effective cross-sector partnership work?major player in effective cross-sector partnership work?
To ‘transform’ rehabilitation with new approaches, skillsTo ‘transform’ rehabilitation with new approaches, skills
and values?and values?
OROR
Might it be a ‘poisoned chalice’ for some VCSE orgs?Might it be a ‘poisoned chalice’ for some VCSE orgs?
Risking relegation to a narrow ‘delivery agent’ role, ruledRisking relegation to a narrow ‘delivery agent’ role, ruled
by externally-set approaches and targets? Leading to:by externally-set approaches and targets? Leading to:
 erosion of values and principles?erosion of values and principles?
 drying up of innovation?drying up of innovation?
 loss of volunteers?loss of volunteers?
 loss of client trust and engagement?loss of client trust and engagement?
(ie the very strengths that first attracted govt to VCS)(ie the very strengths that first attracted govt to VCS)

16.  The daunting challenge, especially for theThe daunting challenge, especially for the
smaller and more local VCSEsmaller and more local VCSE
organisations, is to hold on to their coreorganisations, is to hold on to their core
values and strengths, in a new landscapevalues and strengths, in a new landscape
of complex partnership arrangements,of complex partnership arrangements,
increased workloads, shrinking resources,increased workloads, shrinking resources,
and pressure to produce improvedand pressure to produce improved
‘results’‘results’