Ev 90Justice Committee: Evidenceand communities. International research supports <strong>the</strong> contention that a gender-specific approach is required toimprove outcomes for women <strong>offenders</strong>. 14Though <strong>the</strong>re has been some progress since <strong>the</strong> publication of <strong>the</strong> <strong>Corston</strong> <strong>Report</strong>, many of <strong>the</strong> damagingeffects identified—for example, <strong>the</strong> disproportionately harmful impact of prison on women and <strong>the</strong>ir childrenand <strong>the</strong> futility of short custodial sentences—remain ingrained in <strong>the</strong> system. The group believes thatfundamental systemic change is required to bring lasting transformation to <strong>the</strong> treatment of girls and womenin <strong>the</strong> CJS. The diagram appended to this submission represents a shift from fragmented service provision andsporadic use of women-specific services to a holistic, whole systems approach which addresses <strong>the</strong> specificneeds of girls and women and maximizes <strong>the</strong> positive contribution of women’s community facilities.Summary of recommendations:— A national, cross-departmental strategy is required, under ministerial oversight, to consolidate<strong>the</strong> agenda set by <strong>the</strong> <strong>Corston</strong> <strong>Report</strong>.— The Ministry of Justice (MoJ) and NOMS should adopt a twin-track system of commissioningfor girls and women, including components at both national and local levels.— <strong>Women</strong> should be specifically targeted in <strong>the</strong> piloting of new financial instruments, such aspayment by results and local justice reinvestment models.— In order truly to redress <strong>the</strong> disproportionality exposed by <strong>the</strong> <strong>Corston</strong> <strong>Report</strong>, a substantialdebate is required about whe<strong>the</strong>r imprisonment is an appropriate response to <strong>the</strong> levels of riskand types of offences typically committed by women.1. The Ministry of Justice’s strategy for women <strong>offenders</strong> and those at risk of offending1.1 Despite <strong>the</strong> government’s commitment made in March 2012 to publish a document outlining <strong>the</strong>Government’s strategic priorities on women, this is yet to be forthcoming. The delay has compounded a senseof frustration within RR3 about <strong>the</strong> response to date to its own report. While RR3 understand that <strong>the</strong>substantive structural changes proposed represent a long term vision, <strong>the</strong> group has voiced its disappointmentat <strong>the</strong> lack of strategic uptake of its more immediate, interim recommendations.1.2 The shift towards more localised commissioning presents an opportunity to provide <strong>the</strong> constellation ofservices required for a more responsive approach to women, reduce <strong>the</strong> isolation of many women’s projectsand ensure more joined up thinking and delivery between local services. However, <strong>the</strong> proportionately smallnumbers of women <strong>offenders</strong> compared with men raises serious concerns that <strong>the</strong> needs of girls and womenwill be marginalised and inconsistently addressed at local level, with very harmful consequences. In view of<strong>the</strong>se tensions, we propose a twin-track system of commissioning for girls and women, including componentsat both national and local levels. This would encompass <strong>the</strong> development of a new national strategy andframework of quality standards, complemented by joined-up local commissioning to meet complex needs andaddress <strong>the</strong> social exclusion of girls and women within communities.1.3 It is essential that future strategy cuts across <strong>the</strong> whole criminal justice system, recognising that <strong>the</strong>distinct experiences of vulnerable girls and women are often rendered invisible at <strong>the</strong> multiple criminal justiceentry and exit points. For example, slowing <strong>the</strong> number of women entering prison for breach would representa key strategy for reducing <strong>the</strong> use of custody. This would require greater discretion for criminal justicepractitioners and sentencers alongside a richer understanding of <strong>the</strong> complex reasons behind breaching and <strong>the</strong>development of appointment systems and locations that support women’s compliance.2. The Ministry of Justice governance structures for women’s offending2.1 Following <strong>the</strong> MoJ restructure, it is of concern that <strong>the</strong>re is no longer a Criminal Justice <strong>Women</strong>’sStrategy Team in place. Although <strong>the</strong> appointment of staff specifically responsible for policy on women within<strong>the</strong> MoJ Policy Group was a welcome development, <strong>the</strong>re is an urgent need to consider whe<strong>the</strong>r sufficientresources have yet been committed to developing a national strategy.3. The extent to which work to address <strong>the</strong> multiple and complex needs of women <strong>offenders</strong> is integratedacross Government3.1 In order to consolidate <strong>the</strong> agenda set by <strong>the</strong> <strong>Corston</strong> <strong>Report</strong>, we would support <strong>the</strong> development of anational cross-departmental strategy for girls and women at risk of offending, under ministerial oversight. Ajoined-up approach is needed which brings toge<strong>the</strong>r high level leadership from MoJ, NOMS, Home Office,Youth Justice Board, Department for Education, Department of Health, Department for Work and Pensions,Department for Communities and Local Government and its Troubled Families Unit. This grouping shouldtake responsibility for developing <strong>the</strong> high-level strategy for a system re-design, including determining whichservices should in <strong>the</strong> longer term be commissioned at national and local levels.3.2 At <strong>the</strong> local level, <strong>the</strong> recent Criminal Justice Joint Thematic Inspection of alternatives to custody forwomen <strong>offenders</strong> examined <strong>the</strong> work of probation with community partners. It found that provision for mental14 Scottish Commission on <strong>Women</strong> Offenders. 2012. Final <strong>Report</strong>. Online: http://www.scotland.gov.uk/Resource/0039/00391828.pdf
Justice Committee: Evidence Ev 91health and housing was generally poor. For over half of <strong>the</strong> women in <strong>the</strong>ir case sample, mental health serviceswere unsatisfactory. It will be essential for <strong>the</strong> new Health and Well-Being Boards to assess <strong>the</strong> mental healthand substance misuse needs of women at risk in <strong>the</strong>ir local areas, and to include those women as a specificcohort within joint strategic needs assessments and plans.3.3 To prevent <strong>the</strong> re-marginalisation of women in <strong>the</strong> development of new funding instruments, we proposethat women should be specifically targeted in emerging pilots. For example, in considering <strong>the</strong> shift towardsoutcomes-based commissioning, VCS organisations have highlighted <strong>the</strong> need for payable outcomes to betailored to women’s specific needs.3.4 We propose one or more local justice reinvestment pilots, bringing toge<strong>the</strong>r all <strong>the</strong> key statutory and VCSagencies to co-commission an integrated set of community interventions aimed at responding to vulnerabilities,diverting girls and women from <strong>the</strong> CJS, reducing offending and minimising harm. In line with <strong>the</strong> currentfinancial incentive models in Greater Manchester and London, if <strong>the</strong> authorities involved can demonstratereductions in <strong>the</strong> number of girls and women entering custody, any savings generated could be made availablefor reinvestment in local community provision.3.5 Given <strong>the</strong> perilous position faced by many VCS organisations and <strong>the</strong> difficulty securing funding forinnovative projects, which by nature lack a solid evidence base, we advocate for grant funding to remainavailable for some services, especially very specialist and small scale provision.4. The extent to which <strong>the</strong> gender equality duty has become a lever for mainstream service commissioners—outside of <strong>the</strong> criminal justice system—to provide services which tackle <strong>the</strong> underlying causes of femaleoffending4.1 The failure to deal effectively with <strong>the</strong> needs of girls and women at risk in <strong>the</strong> community has meantthat prison has often been utilised as seemingly <strong>the</strong> only disposal available to <strong>the</strong> courts for women appearingbefore <strong>the</strong>m who are living rootless, chaotic lives. More work is <strong>the</strong>refore needed at <strong>the</strong> preventative end tobring greater visibility to <strong>the</strong> needs of women at risk of offending with commissioners of mainstream services.Violence against women and poverty both exemplify causes of offending that have a clear gendered dimension,and where service provision is at risk in <strong>the</strong> unstable financial climate.4.2 Violence against girls and women: The critical link made in <strong>the</strong> <strong>Corston</strong> <strong>Report</strong> between victimisationand women at risk of offending remains persistent. <strong>Women</strong> in Prison data reveal that 79% of <strong>the</strong>ir service usersreport experience of domestic violence and/or sexual abuse. 15 Recent research demonstrates a dramatic anduneven reduction in local services to prevent and protect violence against women and girls and it is feared thatthis will result in an increase in such violence. 16,17 It is <strong>the</strong>refore essential that any approach to women has,at its core, a strategy for responding to <strong>the</strong>se overwhelming levels of violence and abuse.4.3 Poverty-related offending: As part of Clinks’ monitoring of <strong>the</strong> economic downturn, VCS organisationshave identified worrying signs that <strong>the</strong> economic downturn is impacting disproportionately on women, withcuts to services that provide assistance with legal access, benefits and debt advice, housing support and mentalhealth provision in <strong>the</strong> community. In a <strong>Women</strong> in Prison consultation in November 2011, all <strong>the</strong> womenreported <strong>the</strong> closure of a service that <strong>the</strong>y had accessed and <strong>the</strong>y were experiencing a variety of reductions to<strong>the</strong>ir benefits, child support payments, perceived job opportunity and opportunity and access to quality localservices. <strong>Women</strong> are often part of <strong>the</strong> “hidden homeless” group and St Mungo’s have found that, despitelinking in with multiple services, women with complex needs often fall through <strong>the</strong> gaps in service provision. 18Homeless Link research found a reduction of 40% in women-only accommodation over <strong>the</strong> last year. 195. The suitability of <strong>the</strong> women’s custodial estate and prison regimes5.1 In order truly to redress <strong>the</strong> disproportionality exposed by <strong>the</strong> <strong>Corston</strong> <strong>Report</strong>, a substantial debate isrequired about whe<strong>the</strong>r imprisonment is an appropriate response to <strong>the</strong> levels of risk and types of offencestypically committed by women. Just 3.2% of women in prison are assessed as high or very high risk of harmto o<strong>the</strong>rs. 205.2 Many women are held far from home making it difficult to provide <strong>the</strong>m with an effective resettlementservice and to maintain links with <strong>the</strong>ir children, families and communities. Additionally, VCS organisationsreport lack of staff resource within prisons to facilitate access to clients in order to formulate plans for release.15 <strong>Women</strong> in Prison. 2009. Response to Toge<strong>the</strong>r We Can End Violence Against <strong>Women</strong> Consultation on a National Strategy onViolence Against <strong>Women</strong>. Online: http://www.womeninprison.org.uk/userfiles/file/<strong>Women</strong>%20Offender%20Campaign%20Network%20Response%20to%20<strong>the</strong>%20Way%20Forward.doc16 S Walby and J Towers. 2012. Measuring <strong>the</strong> impact of cuts in public expenditure on <strong>the</strong> provision of services to prevent violenceagainst women and girls. Online: http://www.trustforlondon.org.uk/VAWG%20Full%20report.pdf17 D Sands. 2012. “The Impact of Austerity on <strong>Women</strong>”, The Fawcett Society. Online: http://fawcettsociety.org.uk/documents/The%20Impact%20of%20Austerity%20on%20<strong>Women</strong>%20-%2019th%20March%202012.pdf18 St Mungo’s, <strong>Women</strong>’s Resource Centre and Homeless Link. 2012. Spotlight on Homeless <strong>Women</strong>—20th June 2012. Online:http://homeless.org.uk/sites/default/files/<strong>Women</strong>s%20Spotlight%202012%20-%20<strong>Report</strong>%20v2%20–160812%20FINAL_0.pdf19 Homeless Link. 2012. Homeless Watch: Survey of Needs and Provision. Online: http://homeless.org.uk/women#.UC49F6NXmZQ20 <strong>Women</strong> and Equalities Group, NOMS. 2012. Judicial Engagement: <strong>Women</strong> in <strong>the</strong> CJS. A Briefing for Probation Trusts. Online:http://www.clinks.org/assets/files/word_docs/judicial%20engagement%20briefing%20FINAL%2017%20Jan%202012.pdf