Union withdraws judicial review challenge over new probation bodies

The union for probation officers, NAPO, has called off its judicial review challenge over contracts for new probation organisations.

NAPO claimed that its legal action had forced Justice Secretary Chris Grayling to recognise the serious safety risks in the re-organised probation service.

The minister has also agreed to provide details of the steps he will take to address NAPO’s concerns before Community Rehabilitation Companies are sold into private ownership.

The union has objected to the creation of 21 CRCs in place of the 35 former probation trusts in England and Wales.

NAPO has warned that the reorganisation would create unacceptable risks to the safety of the public and staff. It has argued that there could be:

• An “unprecedented and dangerous” increase in the workloads of probation staff which directly affected their ability to manage offenders properly and created a serious risk to the public;
• A significant risk to staff members who, after access to ICT records was restricted, had to meet dangerous offenders with no information about their crimes or the risks they posed; and
• Dangerous delays in the allocation of offenders to appropriate supervising probation officers.

NAPO said it would ask the High Court to order the Justice Secretary to pay the legal fees it had incurred.

During the court proceedings, the union called on the Justice Secretary to disclose his evidence and test results on the safety of the system.

NAPO demanded that Grayling take account of its evidence and representations about the risks created. It also asked for recognition that the system was currently not operating safely and that a number of steps had to be taken before it was safe to transfer it to the private sector.

The High Court ordered the minister on 26 November 2014 to hand over the safety evidence. NAPO then made representations to the Secretary of State on its outstanding safety concerns on 1 December.

“Documents handed over by him on the afternoon of 4 December show that he has recognised and is addressing all of the safety concerns raised by NAPO,” the union said.

“NAPO remains committed to ensuring its members and the public are protected, as far as possible, from dangerous offenders. It will closely monitor the Justice Secretary’s implementation of the amendments he says will make the system safer and will hold him to his promises. NAPO will also bring private law proceedings for any of its members injured as a result of the Justice Secretary’s misguided ‘reforms’.”