Ev 42 Justice Committee: Evidence5 March 2013 Liz Calderbank, Val Castell and Liz Rijnenbergbe seen by <strong>the</strong>ir probation officer. Again, you do nothave all of those resources geared towards women inone place, and <strong>the</strong>y are not women-only environments.Liz Calderbank: What we were seeing in terms of <strong>the</strong>inspection programme, and have seen since, is that, inthose areas where <strong>the</strong>re are no women’s communitycentres, some have responded very imaginatively andcreatively in setting up, say, unpaid work projectsexclusively for women, and with women supervisors.At <strong>the</strong> time of <strong>the</strong> inspection, we asked why that wasnot universal practice, because it seemed eminentlysensible to us. We were told by some areas that itwas because of <strong>the</strong> difficulty in recruiting womensupervisors. I have to say that that seemed a veryinadequate answer.We have also seen some areas where <strong>the</strong> probationtrusts <strong>the</strong>mselves, although not setting up women’scentres, have set up significant provisions for women,which have worked very effectively. There are ways ofaddressing <strong>the</strong> same kind of needs.Q203 Nick de Bois: I applaud <strong>the</strong> aims, but I supposethat I am pressing for whe<strong>the</strong>r <strong>the</strong>re is any way inwhich we will be able to work out its effectiveness—for example, by reductions in reoffending or breaching.I do not think that many would disagree with <strong>the</strong> sensethat this is <strong>the</strong> right thing to do, but I am looking forsome evidence that it is working.Liz Calderbank: That is quite thin on <strong>the</strong> ground,unless Liz can enlighten me. Certainly, at <strong>the</strong> time of<strong>the</strong> inspection, we were quite critical of <strong>the</strong> fact that,despite all <strong>the</strong> work that had been undertaken, littleattention had been paid to what kind of performancemeasures you were going to have.Q204 Nick de Bois: You would agree that we shouldtry to do that.Liz Calderbank: Yes, to see what was effective or not.As a result, although probation trusts were doing allthis work, <strong>the</strong>y were not sighted as to what was having<strong>the</strong> most impact. That has been a key issue in terms ofits sustainability.Q205 Nick de Bois: Let us leave that, if we may. Thathas been very helpful.The gender equality duty has now been replaced by abroader equality duty. To what extent have statutoryequality duties assisted in <strong>the</strong> development of services,to prevent women from offending, at a local level? Togive you a broader remit, how visible is gender in localstrategic discussions about offending? Can you giveme a feel for that?Liz Calderbank: They certainly help to concentrate<strong>the</strong> mind. Of course, <strong>the</strong> probation trusts and o<strong>the</strong>rsworking in <strong>the</strong> field are subject to a whole numberof statutory duties, which can but generally don’t setup potentially conflicting priorities. That is where <strong>the</strong>importance of champions and leadership from <strong>the</strong>centre kicks in, particularly when you are looking atwork that cuts across Government Departments.Q206 Nick de Bois: Do you think that it drivespeople to pay attention, as opposed to it being done ina prescribed way?Liz Calderbank: It is a way of holding <strong>the</strong>m to account,to actually taking <strong>the</strong> work forward.Q207 Nick de Bois: Did you want to add anything,Ms Rijnenberg?Liz Rijnenberg: It would be useful if <strong>the</strong>re were crossdepartmentalGovernment targets for outcomes forwomen <strong>offenders</strong>. The Equality Act could be used as alever to ensure that needs are more prominent and thattangible outcomes are driven forward.Val Castell: If it was not for that statutory duty, <strong>the</strong>numbers of women would be too small to encourage alot of <strong>the</strong>se provisions to be made. That has very muchdriven a lot of <strong>the</strong> work on that.Liz Calderbank: That is a very important point. Theexistence of <strong>the</strong> gender duty is extremely significant.Q208 Nick de Bois: It is not over-prescriptive, in <strong>the</strong>sense that it is <strong>the</strong>re as a benchmark and drives workon <strong>the</strong> ground. As yet, we are not sure what evidence<strong>the</strong>re is for outcomes, but we sense that it is going in<strong>the</strong> right direction. Is that a fair summary of what wehave been exploring?Liz Rijnenberg: It is an option within <strong>the</strong> jointstrategic assessments that probation, with all <strong>the</strong> localpartnerships, is able to raise women’s equality as anissue, along with <strong>the</strong> o<strong>the</strong>r protected characteristics ofindividuals.Nick de Bois: Thank you very much.Q209 Jeremy Corbyn: A lot has been said since<strong>Corston</strong> about reducing <strong>the</strong> number of custodialsentences for women, and indeed <strong>the</strong> length of <strong>the</strong>m.Realistically, not an enormous amount has changed interms of <strong>the</strong> number of women prisoners. What moredo you think can be done—this is for all of you?Liz Calderbank: May I start? The process needs to startfur<strong>the</strong>r back. We are talking about women <strong>offenders</strong>,but we should be looking at adolescents and teenagers,and looking much more at preventing those problemsfrom occurring. We should be focusing our efforts onlooking at girls who are excluded from school aged 13and 14, because by <strong>the</strong> time that <strong>the</strong>y are 16 and 17,too often, <strong>the</strong>y may have one or more children and bewell on <strong>the</strong> way into pathways that will take <strong>the</strong>m intooffending and custodial sentences.For me, <strong>the</strong> focus of this work needs to be pulled muchfur<strong>the</strong>r back. There is a particular issue for us aboutgirls and young women in <strong>the</strong> criminal justice system. Iwas talking to colleagues at <strong>the</strong> university of Liverpool,in <strong>the</strong> psychology and health in society section, aboutwork that <strong>the</strong>y are doing on <strong>the</strong> increasing number ofgirls involved in violence and in under-age drinking.Of course, all of <strong>the</strong>se are going to be pathways intocustodial sentences. We have to pull our efforts fur<strong>the</strong>rback, and start <strong>the</strong>m sooner, if we are going to beeffective.Val Castell: I think that <strong>the</strong>re will be a knock-on effect.If you can reduce <strong>the</strong> number of mo<strong>the</strong>rs going toprison, <strong>the</strong>n <strong>the</strong> learned behaviour over generationswill gradually improve as well.Liz Rijnenberg: I agree very much with what has beensaid. We need to focus much more on children and youngpeople, particularly young women. A huge number ofyoung women who go into care subsequently end up
Justice Committee: Evidence Ev 435 March 2013 Liz Calderbank, Val Castell and Liz Rijnenbergin <strong>the</strong> prison system. We have heard already about<strong>the</strong> success of <strong>the</strong> intensive alternatives to custody.By <strong>the</strong> end of 2011, that project had been successfulin reducing <strong>the</strong> women’s population, and it has beenable to re-role one of <strong>the</strong> women’s prisons. We are at<strong>the</strong> point now where we need to be working on smallresidential units for women so that <strong>the</strong>y can work on<strong>the</strong>ir substance misuse and mental health issues can bedealt with. Short prison sentences always mean thatthose issues don’t get addressed. Communities need toown and work with <strong>the</strong>se women and <strong>the</strong>ir families.Unless we can provide <strong>the</strong> judiciary with viablealternatives that are robust, women will continue tobe sent to prison, because it is felt that <strong>the</strong>re is notsufficient protection in <strong>the</strong> community.Q210 Jeremy Corbyn: A couple of things comefrom that. One is what is being done to engage youngwomen before <strong>the</strong>y get into <strong>the</strong> criminal justicesystem, and why we still have so many short sentences,which seem to be completely useless and probablycounterproductive in every sense. Linked to that iswhat discussions you are able to have with magistratesand judges about sentencing policy. There is anindication that some magistrates excessively sentencewomen, whereas <strong>the</strong>y would not excessively sentencemen. I do not know. Is this your experience?Liz Rijnenberg: Yes. Probation trusts at a local levelhave very good relationships with magistrates and willkeep <strong>the</strong>m regularly informed of new developments interms of services for women <strong>offenders</strong>, such as bespokeinterventions or specified activity requirements.The impetus, <strong>the</strong> strategy for driving that, which camefrom <strong>the</strong> NOMS women’s team, and all <strong>the</strong> work thatwas going on with local criminal justice boards, hasdissipated a bit. That needs to be driven forward ata strategic level. At <strong>the</strong> same time, it is important tohave greater awareness within <strong>the</strong> Church and withlocal politicians, in terms of <strong>the</strong> needs of women beingraised, because all that feeds into support for differentsentencing and new ways of doing things.Liz Calderbank: I am not able to support or deny, asyou suggest, that magistrates excessively sentencewomen—that <strong>the</strong>re is some kind of ideologicalprocess—but that was certainly one of <strong>the</strong> things thatwe were very alive to when we did <strong>the</strong> report. It wasone of <strong>the</strong> hypo<strong>the</strong>ses that we looked to test out.I cannot say that it does not happen, but in all <strong>the</strong> casesthat we looked at where we thought that <strong>the</strong> sentenceappeared on <strong>the</strong> face of it to be somewhat harsh, whenwe explored <strong>the</strong> case back—we were able to do thisbecause it was part of a joint inspection process—wefound very good reasons for why <strong>the</strong> sentence hadbeen imposed. I throw that into <strong>the</strong> mix, as it were. Itmay happen, and it may continue to happen, but wecertainly did not find any evidence of that.What we did find was evidence of women going intocustody for short terms of imprisonment for breachof orders, for offences that would not of <strong>the</strong>mselveshave attracted a custodial sentence. If you look at <strong>the</strong>bulk of <strong>the</strong> women <strong>offenders</strong> subject to probation,although <strong>the</strong>ir level of breach is similar to that of <strong>the</strong>irmale counterparts, <strong>the</strong>y will generally have committeda much lower level of offence than <strong>the</strong> men. Youwould not expect <strong>the</strong>m to be receiving <strong>the</strong> same levelof custodial sentence on breach or sentences beingbreached at <strong>the</strong> same rate.Val Castell: I would add a couple of things. There arealways some who will just not comply with <strong>the</strong> sentencethat <strong>the</strong>y are given. You have to have somewhere for<strong>the</strong>m to go. When we are telling somebody that <strong>the</strong>yhave a community sentence, we say, “You must complywith <strong>the</strong> terms of <strong>the</strong> order. If you don’t comply, youwill be brought back to court and sentenced in someo<strong>the</strong>r way, which may well include custody.” We areholding that up as <strong>the</strong> ultimate if <strong>the</strong>y do not complywith <strong>the</strong> terms of <strong>the</strong>ir order. When people come intocourt and we are told in <strong>the</strong> breach report, “We can’ttell you much because we’ve never seen <strong>the</strong>m. Theyhave not even arrived for <strong>the</strong> initial interview,” <strong>the</strong>recomes a point where you do not have anywhere muchelse to go. Bearing in mind what Liz said about lookingat <strong>the</strong> individual cases, it may appear on <strong>the</strong> face of itthat some things are harsh, but when you look at <strong>the</strong>individual cases it turns out to have been perhaps not<strong>the</strong> best sentence but <strong>the</strong> best available to <strong>the</strong> court at<strong>the</strong> time.The amount of information that we get in court isvery much dependent on what a woman is preparedto divulge to <strong>the</strong> probation service and <strong>the</strong> defencesolicitor. Some find it very difficult to open up. It isano<strong>the</strong>r area where, if you have a women’s centre and<strong>the</strong>y have been working with this woman beforehand,<strong>the</strong>y will have been able to build a relationship with herand get her to divulge information that o<strong>the</strong>rwise shewould not. We can only sentence on <strong>the</strong> information thatwe have available to us. We cannot make assumptions:this is a woman, and <strong>the</strong>refore she is a mo<strong>the</strong>r, she isvulnerable, and all <strong>the</strong> rest. We know that that may be<strong>the</strong> case for <strong>the</strong> majority, but we cannot assume it. Wehave to work on <strong>the</strong> information that we have in court.Q211 Rehman Chishti: We have touched on mentalhealth. I have a few questions on mental health andaccommodation. How do probation trusts currentlyseek to provide for <strong>the</strong> accommodation and mentalhealth needs of women <strong>offenders</strong>?Liz Rijnenberg: With great difficulty. We work inpartnership, as far as we can. In London, <strong>the</strong>re is <strong>the</strong>Toge<strong>the</strong>r <strong>Women</strong> project, and across <strong>the</strong> country <strong>the</strong>reare various mental health projects that work closelywith women’s community centres. It is a really difficultissue. We are looking forward to seeing <strong>the</strong> diversionschemes come into place in <strong>the</strong> courts from 2014.We also have <strong>the</strong> personality disorder strategy underway. However, <strong>the</strong>re are still huge gaps in supportiveaccommodation for women and, as a consequence,many end up going into custody because <strong>the</strong>re is noalternative for <strong>the</strong>m.Liz Calderbank: A number of <strong>the</strong> women in <strong>the</strong> approvedpremises also have mental health problems. The workthat <strong>the</strong>y do is generally of a very high standard. Theapproved premises offer a good service, but <strong>the</strong>y areright only for a certain proportion of women, not all.The gap is in <strong>the</strong> more general provision.Liz Rijnenberg: Yes, it is in <strong>the</strong> more general provision.Liz is right. The six approved premises that we havefor women obviously do a very good job, and mostof <strong>the</strong>m have mental health CPNs on site, but that is