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Chamber and committees

Justice 2 Committee, 22 Feb 2005

Meeting date: Tuesday, February 22, 2005


Contents


Scottish Prison Service

The Convener:

I reconvene the meeting for item 5 on the agenda. I welcome, from Audit Scotland, Bob Leishman, a senior manager of performance audit, and Phil Grigor, a project manager of performance audit. They are here to brief the committee on the Auditor General for Scotland's report, "Scottish Prison Service: Correctional opportunities for prisoners". I invite Mr Leishman to make a short opening statement, after which members will ask questions of our witnesses.

Bob Leishman (Audit Scotland):

The Auditor General's report records the results of our examination of the opportunities that are provided in Scotland's prisons to reduce the risk of reoffending by improving prisoners' skills, addressing their offending behaviour, tackling their addictions and preparing them for release. Those opportunities include education, work-related training and behaviour management programmes.

There are three reasons why we carried out the study. First, reoffending is a major problem for the Scottish criminal justice system. Prison Service research indicates that nearly half of all the prisoners who were released in 1999 were back in prison within two years. In addition, the costs of reoffending are likely to be high. It is estimated that recorded crime by ex-prisoners in England and Wales costs at least £11 billion a year. Secondly, the cost of operating the Prison Service in 2003-04 was around £260 million. The SPS estimates that it spent around £30 million of that—some 12 per cent of the full cost of prison operations—on the provision of correctional opportunities. Thirdly, research evidence, mainly from outside Scotland, indicates that the provision of opportunities and interventions for prisoners during their sentences can be effective in improving basic skills and reducing reoffending.

The overall message to emerge from the Auditor General's report is that the Prison Service needs to do more to demonstrate the effectiveness and value of the opportunities that are provided to reduce the risk of reoffending. The report's findings show that, although the Prison Service has no statutory duty to rehabilitate prisoners, it recognises the importance of doing so and has increased the provision of education, vocational training and behaviour management programmes over time. However, a number of weaknesses are also apparent, which prevent a clear conclusion being reached on the extent to which that expenditure provides value for money.

First, the Executive has set an objective of reducing reoffending but it has not set any specific objective or target to make clear how it expects the Prison Service to use its resources to contribute to that overall objective. Secondly, prisoners' access to appropriate opportunities is variable and often depends on the resources that are available in each prison and the duration of prisoners' sentences. The report shows that a lack of staff and facilities at several prisons has resulted in waiting lists for access to correctional opportunities. Thirdly, the Prison Service has limited cost information on the correctional opportunities that it provides, which inhibits assessment of value for money. Due to an absence of robust local information on costs and activities, a full benchmarking exercise of all correctional opportunities across all prisons could not be carried out.

The Prison Service has undertaken limited evaluation of the success of some of its behavioural programmes, but it has yet to evaluate the effectiveness of the full range of correctional work in reducing reoffending. There is also scope to improve the way in which the Prison Service works with external organisations that are involved in the rehabilitation of offenders to promote the effectiveness of the opportunities that are provided in custody. Scotland's criminal justice plan, which was published in December, includes proposals for the establishment of closer working links between the Prison Service and community-based criminal justice services.

The Auditor General's report highlights a number of positive steps that the Prison Service is taking to address some of the issues that I have just mentioned. In 2004, the Prison Service introduced a range of initiatives that were designed to improve the provision of correctional opportunities in the prisons that it manages. Those include the creation of performance contracts for each prison to improve business planning and performance measurement, including assessment of correctional work; the adoption of a menu-based approach that is designed to provide prisoners with opportunities that are appropriate to the length of their sentences; and the introduction of a new information technology system to improve information sharing within the Prison Service and between prisons and outside agencies.

Overall, the Prison Service accepts the need for improvement and has recognised the need to evaluate better the impact of its correctional work in order to demonstrate value for money.

We are happy to answer any questions that the committee has.

The Convener:

Thank you for that introduction. I want to raise a general point. You say that the Scottish Prison Service has no statutory duty to rehabilitate prisoners; however, I presume that there is some kind of framework—the report refers to the core plus initiative. How do prisons and prison governors know what they are supposed to be aiming for? What are their parameters?

Bob Leishman:

That is a difficult question to answer as far as the existing business planning process in the Scottish Prison Service is concerned. One of the points that we have tried to make in our report is that there are no objectives for some correctional opportunities. The targets that are used in the Prison Service cover some activity in some areas, such as education. However, there are no targets or objectives for important areas such as employment and addictions treatment.

The Convener:

Are we effectively asking our prisons to operate within a slightly unrealistic framework, in that they are charged with the responsibility of detaining people in custody and generally looking after them but, other than that, they are in slightly unmapped territory?

Bob Leishman:

To an extent. As our report says, the Executive has set the overall objective of reducing reoffending, but has not outlined what it thinks the Scottish Prison Service's contribution to that should be. That cascades down to individual prisons deciding what their individual contributions should be, on the basis of their resources. As business planning is developed, there is an iteration, but it is not clear who should be contributing what. We were unable to get a clear position as to why there were particular levels of provision in the individual prisons.

You state in your report that there should be a review of resource allocation in certain prisons. That would be desirable but, in all honesty, it is quite difficult for the service to know what reallocation to make.

Bob Leishman:

Yes.

Jackie Baillie:

Having visited a number of prisons, I am conscious that behaviour management programmes are accessed by substantial numbers of prisoners. Was there any evidence to suggest that the SPS had examined not just the effectiveness of those programmes but evidence from other countries that operate similar behaviour management programmes?

Bob Leishman:

There is some limited information. The SPS itself evaluated some, but not all, programmes, and it did not go beyond the behavioural programmes into the educational programmes. The service is also involved in an international group that compares practice across prisons, although the group has not produced an awful lot of evidence yet. There is a degree of willingness, but the service has not got there yet, and there are no specific plans for when it is going to get there.

So there is no indication of the likely effectiveness of the behaviour management programmes.

Bob Leishman:

As we reported, there is information from research carried out down south that various interventions can reduce reoffending by certain amounts.

Jackie Baillie:

You make a point in your report about tracking prisoners after their release. Is the SPS likely to take that issue on board? You state that the SPS recognises the need to evaluate better the impact of its correctional work. Specifically, do we know whether it will engage in tracking prisoners?

Bob Leishman:

I do not believe that the SPS has any such specific plans. However, there are plans to improve working relationships between the SPS and the external agencies that look after the prisoners after their release. The improved IT system will allow for a better information trail. That should help, but I do not know whether there is any specific objective for the SPS to start to track prisoners.

Do you think that that would be desirable, given that we are trying to understand what works? An understanding of what particular prisoners who have gone on to reoffend have done might well inform future policy.

Bob Leishman:

Anyone evaluating the success of a programme would want to find out what happened after the prisoner left.

Jeremy Purvis:

I start by asking about the evidence and level of data that we have. You mentioned the United Kingdom study by the Office of the Deputy Prime Minister on the financial cost of reoffending and indicated that the Scottish Executive has not carried out an equivalent study. Have you had discussions with the Scottish Executive or the Scottish Prison Service on why there have been no such studies in Scotland?

Bob Leishman:

We have had no specific discussions about that. The reason is probably to do with scale and the availability of resources.

Early in your report, you mention a 1999 survey that showed that 47 per cent of prisoners released from Scottish prisons returned to prison. Are those the most recent data?

Bob Leishman:

Yes.

Jeremy Purvis:

On the variation in programmes that you mention in your report, you said that longer-term inmates are more likely to be offered places. To an extent, that is inevitable, because the programmes are often at least a year long. Is there any evidence on the effect that such access to programmes has had on reoffending among longer-term inmates? Have you been able to tell what that effect has been?

Bob Leishman:

No, because the evaluation that the Prison Service has done is limited.

Jeremy Purvis:

The SPS conducts an annual survey of all prisoners and you cite the 2003 survey on page 27 of your report. I was struck by the fact that it indicated that 51 per cent of respondents

"thought prisoners attend programmes just for show."

On the basis of that, has the SPS done any work on the quality of the experience of the programmes that it delivers so that we get away from examining attendance rates for the programmes and concentrate on the proper intervention work that they contain?

Bob Leishman:

A limited number of the programmes have been evaluated in a bit more detail.

Jeremy Purvis:

What were your findings on the efficacy of the programmes that might be considered, if I can put it flippantly, more of a tick-box exercise? I mean those that prisoners attend for show. You give quite a bit of detail on the financial cost per programme per establishment. Has there been any change to those programmes on the basis of the evaluation that you have just said has been taking place?

Bob Leishman:

We do not have a history of the costs or evaluation results over time to allow us to do that.

That would—

I know that other members want to ask questions, so I ask you to be brief.

Jeremy Purvis:

I have one further, brief question, which concerns the menu-based approach. Did you find that the SPS was working with the shorter-term prisoners, for whom the year-long programmes could not be carried out in prison? I could not see in the report whether you found any instances of the SPS working with the local community or outside agencies so that the same programme, or the same content, carried on being delivered outside the prison setting.

Bob Leishman:

The Scottish Prison Service is attempting to develop link services to link what happens in prisons with the outside world, but that work is variable throughout the prison network. Some prisons have developed better link services than others.

Mr Maxwell:

Like other members, I have visited a number of prisons and my impression was that many of the courses were popular while some were unpopular. In effect, demand for certain courses in some prisons outstripped supply and prisoners could not get on to those courses. Did you find that that was the case and, if so, how prevalent was that problem? Did it arise because prisoners who had drug, alcohol or anger-management problems were being directed to the correct courses on which there was no room, or was it because prisoners liked to work in the workshop rather than do some of the other courses and were, as Jeremy Purvis said, ticking boxes—that is, going somewhere to fill in time rather than attending courses that dealt with their behaviour?

Bob Leishman:

During the study, we examined the process through which the Prison Service assessed the prisoners' needs and transferred that information on to an action plan that would refer the prisoner to appropriate courses. It was not always possible to track that through, but where we could do so we found that, in a substantial number of cases, the prisoner was put on a waiting list because demand outstripped supply. However, we could not go into the business of assessing whether a prisoner's needs assessment was adequate—we would not be equipped to do that, and it would be unfair for us to do so.

Mr Maxwell:

I understand that. That leads on to my second question. Your key messages report states:

"Prisons are inconsistent in the way they plan and manage the opportunities offered to individual prisoners."

Was there any evidence of best practice being shared among prisons? It seems as though individual prisons are often isolated from one another in tackling the problems. The report goes on to talk about the variability in the completion of the forms, which you have mentioned. Have you seen any evidence of best practice being shared?

Bob Leishman:

We did not see an in-built mechanism for sharing best practice; however, that is not to say that that does not happen. The Prison Service works as a network and there are a lot of conferences and so on. Nevertheless, there was no mechanism that we could recognise whereby good practice would be highlighted and spread across the network.

That was my opinion.

The Convener:

Did the witnesses have any sense of how the prison governors see themselves fitting into the whole structure? Everything in the report is about and directed towards the Scottish Prison Service and the Scottish Executive. Are prison governors able to be proactive and innovative in relation to their prisoners, or are they very much the delivery arms of the Scottish Prison Service?

Bob Leishman:

It is a bit of both. The Prison Service sets a strategy within which there is a good deal of room for governors' discretion in identifying the needs of the individual prison populations and in developing appropriate opportunities to meet those needs. The governors are the men on the ground who know the prisoners and what is coming out of the needs assessments.

The Convener:

I wonder whether there is a slight confusion of roles. The report talks about the need to continue to establish links with relevant external organisations to promote the effectiveness of the opportunities that are provided in custody. It seems that it would be easy for a prison governor to cultivate those arrangements, depending on where the prisoners come from. It is not quite clear to me who, within the Prison Service, Audit Scotland thinks should assume responsibility for the delivery of some of your suggestions.

Bob Leishman:

In our view, there should be a top-down allocation of the strategic direction. That should set out the aims and objectives for the service. Then, through the prison governors' contracts that have been introduced, the contribution that is expected of each individual prison can be made clear. There would be an iterative process between the Prison Service headquarters and local management to determine what was required of each prison, which would involve the governor looking at his prison population and identifying the needs of his prisoners and the Prison Service saying, from its point of view and considering the direction in which it wants to go, what it wants to see more or less of.

That, of itself, would begin to construct the mechanism.

Bob Leishman:

Yes.

Are there any other questions?

Jeremy Purvis:

Paragraph 3.23 of the report states that, in the interviews that you carried out, a number of prisoners said that they would prefer programmes to be delivered by psychologists rather than by prison officers. As far as I can see, none of your recommendations regarding the programmes of support within prisons includes anything to do with mental health or psychology. My question is in two parts. First, how extensively do the programmes cater for prisoners' mental health issues? Secondly, why did you not consider recommending the improvement of mental health services in prisons, particularly when prisoners go out into the wider community, given the establishment of links with criminal justice social work departments and local authorities?

Bob Leishman:

We looked at correctional opportunities in terms of education and work-related training; we did not look at health issues, as such. That would have taken us in a different direction.

Jeremy Purvis:

On the evidence of your inquiry, do you not think that the issues are connected? Is not mental health a contributory factor to the effectiveness of the educational and training programmes? You mention addiction treatments for prisoners who have substance abuse problems but not treatments for those with mental health issues. Arguably, such treatments could have a considerable impact on the effectiveness of the education, training and link programmes that exist.

Bob Leishman:

It would have been necessary for us to see an evaluation of the individual opportunities. It may be that there is a need to evaluate what is delivered for prisoners with mental health difficulties; however, that information was not available, as the Prison Service had not collected it. It would probably have been beyond the scope of our inquiry to have undertaken what would have been a very detailed evaluation.

Would like to make any concluding remarks, Mr Leishman?

Bob Leishman:

No, thank you.

On behalf of the committee, I thank you and Mr Grigor for appearing before us this afternoon. We all found the report extremely interesting.

Meeting continued in private until 15:59.