Uncertainty over Probation's future "unsettling and regrettable"

Friday 06 November 2020

Uncertainty over the future governance of Jersey’s Probation Service is “unsettling and regrettable”, according to the chair of its board.

Jurat Collette Crill said that the Government’s desire to change the oversight of the service was “perplexing” in light of Probation’s “very strong” performance.

Writing in its recently published annual report, covering activities in 2019, Jurat Crill said: “Unfortunately, there remains much uncertainty about the future governance of the Service, which continues to be profoundly unsettling and regrettable. The current governance arrangements have stood the test of time and, hitherto, have provided effective oversight of Jersey Probation and After Care Service to the satisfaction of the courts, and indeed government, to date."

Pictured: Probation Board head Jurat Collette Crill.

She continued: “It is important to stress, therefore, that a recent review of governance arrangements did not emanate from any shortcomings of the Probation Board, but rather from a perception held by the public service that the present structure does not fit with recognised governance structures in the modern workplace. The board must be satisfied that change will add value. To that end, it welcomes, indeed expects, prior consultation as new proposals are formulated. 

“The call for change in governance arrangements is all the more perplexing when it is apparent that JPACS remains a very strong performer indeed - and there is no doubt at all that it has the confidence of the courts, in addition to its excellent working relationships with a wide range of other key agencies, and the general public. 

“Furthermore, it is notable that the Service has developed a four-year strategy, demonstrating its commitment to continuous improvement, and strong and invaluable service to the Island.”

The Government first suggested in 2018 that the governance of the service be moved from the Royal Court to Justice and Home Affairs. Currently, Jurat Crill leads a board of five Jurats who oversee Probation’s work.

Pictured: The Probation Service is accountable to the Royal Court, which the Government wants to end.

The Board has long maintained that the close relationship between the Royal Court and the service is both important and beneficial. 

Chief Probation Officer Mike Cutland said: “The present arrangement continues to work well and has the confidence of the courts, who value the service they receive from an independent department. There has been no criticism of performance and an Ofsted inspection into the Jersey Family Court Advisory Service (JFCAS) highlighted an excellent standard of social work received by families. Of course, a resistance to change should not be a default position as this results in unhealthy stagnation. 

“However, the Service is constantly evolving with the support of the Probation Board and any proposed change to the governance arrangements needs to be very carefully considered and a wide range of stakeholders engaged to ascertain whether it is ultimately in the public interest. 

“Significant factors to be considered include the impact on the confidence of the courts and the likely separation of JFCAS from the department with the loss of the efficiencies we have achieved through the sharing of resources. The effect on Service morale should also not be underestimated.”

Mr Cutland added that discussions with the Government were ongoing.

Pictured: Head of the Probation Service, Mike Cutland.

Currently, the Probation Service is answerable to the Royal Court so is independent of government, which has been the case since 1937. It is understood that the Government believe that law and order should fall within the Justice and Home Affairs remit; however, the Probation Service has close operational links with the courts, particularly JFCAS, which is within its structure.

Last year, the Probation Service prepared 439 reports for the criminal justice system and took on 540 new cases.

Meanwhile, 130 families were supported by JFCAS. 77% of clients completed their Probation Orders and 82% of completed Community Service Orders.