Responses to Our Consultation

5.1 As noted at paragraph 1.6, we invited comments from a number of individuals and outside agencies. Among the responses received were considered replies from SACRO, Apex and the SWSI and their substantial written evidence is published below.

SACRO

5.2 "SACRO is pleased to inform the thematic review by HMCIP on Female Prisoners and Young Offenders. Our response is based upon our experiences of providing a wide range of services to social work departments, liaison with Scottish Prison Service and policy work in criminal justice. SACRO's concerns relate principally to five areas:

The need for improved liaison with community-based resources

5.2.1 SACRO's experience is that liaison arrangements between the prison and a wide range of community-based agencies could be improved. Indeed, we have been advised that on occasions these are less than satisfactory, resulting in an inadequate service being made available to female offenders. In particular, there appears to be a marked reluctance on the part of statutory agencies to accept that female offenders are a special population requiring a difference of approach and a significant allocation of resources. This is understandable, given that invariably female offenders present more complex issues than male offenders. These include a cluster of problems relating to child care, mental health, alcohol and drug abuse and addiction, a history of offending and greater risk of recidivism, a lack of training for employment and difficulties around accommodation. In relation to accommodation, while SACRO seeks to meet the needs of recently discharged female offenders, our current accommodation services are not always suitable for this client group. In many areas we require individuals to share accommodation. This means that single females are disadvantaged - it is rare for us to receive two referrals from women at the same time. Indeed, the total number of female referrals to SACRO in 1993/94 was only 28, of which 6 were housed. Both these figures represent only 4.5% of our total referrals and acceptances. However each referral represents a spectrum of issues relating to training for employment, accommodation and support, childcare and health, which must be addressed together. Local authorities and the Scottish Prison Service require to consider further the special needs of female offenders and the consequences for voluntary organisations working in this field.

The need for an inter-agency approach

5.2.2 Given the cluster of issues referred to above, it is apparent that the only effective way to deal with female offenders is through an inter-agency approach. SACRO's experience is that this is not currently the case. The multiple problems of female offenders will inevitably require agencies such as Area Health Boards/Trusts, Social Work Departments, Housing Associations, Scottish Prison Service and a variety of voluntary organisations to liaise more effectively if we are to take seriously the needs of these persons. A clearly-defined strategy must then be allocated sufficient resources. As a first step SACRO considers that an inter-agency steering group should be set up to identify the main elements of the strategy required for working with female offenders.

The special nature of this population

5.2.3 SACRO continues to believe that female offenders are a special population and therefore require a different approach from male offenders. Not only are there a range of issues relating to child care that mark this difference, but a greater incidence of psychological disturbance complicates the situation further. For example, a recent SPS report by Professor David Cooke has shown that two-thirds of female prisoners are co-disordered, that is, they have more than one disorder and consistently display greater levels of psychological disturbance than male offenders. In addition, they have other profound difficulties relating to social isolation, alcohol and drug abuse/dependence and a greater history of offending that inevitably brings them into contact with a large number of agencies. They rotate between criminal justice and mental health services and are generally recognised as a difficult client group. Indeed, all the available evidence points to female offenders being harder to treat, at greater risk of self-inflicted injury and recidivism, and more likely to become addicted to alcohol and drugs. Consequently, SACRO believes that female offenders must be viewed as a special population and therefore require a different approach and range of assistance from male offenders.

Psychological Disturbance amongst Prisoners by Professor David J Cooke (SPS Occasional Paper No 3/1994).

Location and management issues

5.2.4 Given that Cornton Vale is the only female prison in Scotland, inevitably there are a number of issues which result from this isolation. For example, it is extremely difficult to manage long sentences with a degree of flexibility. Consequently, long-term female prisoners are disadvantaged in comparison to male offenders. The atmosphere inevitably becomes somewhat claustrophobic and there are particular problems relating to Training for Freedom. SACRO is aware that for short periods of time female offenders are held in units in Aberdeen, Dumfries and Inverness prisons. In our view, consideration should be given to developing a fuller range of units within these prisons, offering some choice of location and thereby reducing the difficulties that relatives face in travelling to Cornton Vale. While the quality and frequency of visits is generally good within that prison, SACRO believes that there is a case for extending significantly open visits conditions in order to reinforce the mother-child relationship. In essence, given that we believe they are a special population, it follows they should be treated differently from male prisoners. However, we are concerned to note that there are no female members of the senior management team (both Governor and Deputy Governor are male!). SACRO accepts the principle of equal opportunity but nevertheless, given what we have said above, this does not seem to be a satisfactory situation. Furthermore, this situation is likely to be exacerbated by a continuing shift in the gender balance of the staff.

An absence of hard information and research

5.2.5 SACRO believes that there is a need for further research into the needs of female offenders. In our view, recent publications have not provided sufficient hard information about the peculiar needs and problems associated with this population. In conclusion, SACRO considers that female offenders and young prisoners must continue to be seen as a different population from male offenders, requiring different treatment. In our view, this can only be achieved by the formulation and adoption of an inter-agency, multi-disciplinary approach. A failure to do this will continue to disadvantage these persons".

5.3 SACRO helpfully offered to expand upon the above comments at a meeting with us and we took up this offer to have supplementary oral evidence. In discussion with the Chief Executive of SACRO he elaborated on the differences between the female prisoner population and the male. Apart from the inherent differences between women and men - which of course should not be overlooked - he emphasised that female prisoners constituted a special population, not least because they were much fewer in number than male prisoners. While no one would wish that situation to be otherwise, agencies had problems in dealing with discharged female prisoners for that reason alone, in terms both of their own organisation and the arrangements which normally obtained for receiving prisoners as regards accommodation, employment and all other aspects of resocialisation. He had observed that the problems tended to be accentuated because of the greater likelihood of a need for closer ties with children and the greater probability that female prisoners would have a history of mental illness and a higher risk of re-offending.

5.4 The cumulation of these factors, and others mentioned in the written evidence, had led him to conclude that the problem of rehabilitating female prisoners could not be tackled by one agency alone. Hence the conclusion that an inter-agency approach was required. Developing this idea the Chief Executive suggested that a Steering Group, preferably under SPS chairmanship, might meet twice yearly to consider the general issues of female prisoners approaching release and to co-ordinate responses on a throughcare basis. He acknowledged that the SPS had been reasonably effective in promoting schemes up to the prison gate; it was after release that the female prisoners - and the agencies trying to help them - were left floundering. Co-ordination of the services to meet the problems of female prisoners before and after release seemed likely to be the best way of tackling the problem. Indeed he felt strongly that responsibility should not be placed on any one agency, not even the SPS which, with its good track record, had been forced to assume it. The Chief Executive undertook to consider the prospect which we put to him of a SACRO-initiated conference to consider further the problems of female prisoners before and after release and the possibilities of improved co-ordination on an ongoing basis.

Apex Scotland

Introduction

5.5 Apex Scotland is grateful to the Chief Inspector of Prisons for Scotland for the invitation to submit views within the Thematic Study.

5.6 Apex Scotland has been delivering employment related services to prisoners and young offenders at HMP/YOI Cornton Vale since 1988 and has been involved in the delivery of community based services to female offenders and ex-offenders for the same period. On average 15% of the total users of Apex services in any one year are female and since 1989, Apex Scotland has developed and delivered specialist employment related courses for this group which focus on the particular difficulties faced by women ex-offenders in entering the employment market.

5.7 Currently, Apex services at HMP/YOI Cornton Vale include employment literacy courses, employment preparation and individual counselling. In addition it is planned to include the Apex Training and Work Experience Placement Programme in the range of services delivered in 1994/95.

5.8 It is from this experience, and our established expertise in the field of employment and training for offenders that we wish to make the following comments in relation to the Study.

Background

5.9 A number of factors are recognised as critical in achieving the re-integration of prisoners on release and reducing the likelihood of re-offending. Of these, accommodation, family relationships and securing employment are identified by male and female prisoners and by those who work with them as having particular importance.

5.10 In terms of employment, nationally available statistics reveal that the employed ex-offender is 3 times less likely to re-offend than the ex-offender without a job. The benefits of employment for the ex-offender in terms of economic independence, self esteem and motivation not to re-offend are equally beneficial to the community in terms of reduced use of social/welfare benefits, reduced cost to the tax payer and a reduction in the incidence of crime.

5.11 For the female offender, employment and the prospect of employment plays an equally critical part in their motivation not to re-offend and their capacity to sustain that motivation. However, it is also the case that for this group the establishment and maintenance of family relationships and family based responsibilities plays a significant part and is often a first priority. Given the inevitable inter-relationship between family and employment for women prisoners, as with groups of women in other circumstances, it is important for any regime to tackle both areas as a priority. For this reason our comments will be applied to the regime in this regard.

Family Relationships

5.12 Structured, frequent and sustained contact is necessary in the establishment of a strong and secure family relationship, and not least when a principal member is serving a prison sentence. Whilst the nature of that sentence inevitably places constraints on the opportunities to provide and reinforce these elements, it seems that the following factors, or a combination of them could be effective, and could be managed within the constraints of imprisonment:

weekday and evening visits open visits increased privacy during visits and at the visit's end play area(s) for children, including access to outside play areas changing and feeding facilities for babies and small children.

5.13 Complementary to the above would be the change necessary to allow increased use of home visits which would serve the purpose available in male establishments of increasing the preparation for release and the transition from prison to community living. Where prisoners have child care and child rearing responsibilities, these opportunities would be additionally beneficial in maintaining a relationship already recognised as critical.

5.14 The creation of movement within the regime, of progress and opportunities for the practical preparation for release would assist considerably in winning prisoners to a positive approach to release and in securing the skills and establishing the networks necessary to sustain non-offending on release.

Training, Education and Employment

5.15 A central purpose for the training, education and employment opportunities available in prison must be to prepare prisoners to establish and sustain a positive life style on release. Such opportunities must recognise and accommodate existing skill and education levels and the perception of prisoners about what is important and what is relevant. Consequently the opportunities available must be realistic and must be perceived to be relevant. In 1992, Apex Scotland conducted 2 parallel studies on the attitude and practice of employers to the recruitment of ex-offenders, and the extent and relevance of employment preparation in prisons in relation to employer identified need.

5.16 The prisoner profile which emerged from these studies is of an individual aged between 20-35, with lower educational attainment, occupational experience and literacy/numeracy skills than is the case in the general working population. This picture applies to both male and female prisoners. For the female prisoner, 80% will have been unemployed at the time of sentence and over 60% will be, in employment terms, unskilled. She will have been in a regime which will seek to encourage self discipline and application, and while having no formal educational attainment, statistics and experience show that when offered training and certification she has the ability to achieve.

5.17 The employer profile which emerged in respect of the factors sought by employers in recruiting new staff, revealed motivation, initiative, willingness to undertake training, flexibility, team work, timekeeping and reliability as the most important.

5.18 The successful re-integration of prisoners on release, requires that the gap between the prisoner profile and the employer profile be bridged. For female prisoners, that bridge must also recognise and accommodate child care and child rearing responsibilities and the priority placed on these by the prisoner.

Achievable Opportunities

5.19 Considerable expertise exists within the regime and the external agencies, including Apex Scotland, who currently supply services to plan and deliver a structured and comprehensive programme of education, training and employment opportunities which meet the needs and objectives described. This expertise should be supplemented by the significant body of practical experience which has developed in assisting the general female population to enter or return to the labour market. Additionally, this should be supplemented by the information available, and consistently applied by Apex Scotland, on local labour market skill needs and employment opportunities.

5.20 The combination of this practical experience and expertise applied to the needs of a prison regime for female prisoners would lead to training and employment opportunities which have a direct relevance to those available on release, and which are perceived by employers to be relevant. The creation of these opportunities and the modification of existing training and education programmes combined with the changes in regime practice described earlier, could go a considerable way towards developing the prospects of female prisoners to make the effective transition to family, child and employment responsibilities on release. In doing so, the motivation not to re-offend would be re-inforced and the practical capacity to sustain this strengthened."

SWSI

5.21 "Whilst the regime at Cornton Vale does have a number of positive features, it falls short of what is needed. Significant change is required if staff are to fulfil effectively their responsibility to create and maintain opportunities for increasing each prisoner's capacity for personal growth and the exercise of personal and social responsibility, and their capacity to sustain such efforts on release. The current regime is over-reliant on outdated notions about women who offend, and about how to achieve behavioural change. In particular the regime has tended to reflect a very traditional view of women's roles and legitimate expectations, with a strong emphasis on the acquisition of domestic skills such as needlework, cookery etc and comparatively few opportunities for vocational training.

5.22 This situation may be due in part to the relative isolation, until quite recently, of the staff group from direct experience of innovative regime developments elsewhere in the prison system. The transfer in to Cornton Vale of male staff with experience in varied penal settings and the increased opportunities for female staff to move elsewhere should, increasingly, challenge some of the more stereotyped attitudes displayed by some staff. Similarly, if the opportunity to establish a more innovative, dynamic and imaginative management team is seized by SPS, there is good reason to be optimistic about the scope for positive development.

5.23 In our view, the regime at Cornton Vale should be directed towards enabling the prisoners to acquire the knowledge and skills necessary to survive in the community as mature and responsible adults, through personal support and the use of experiential learning techniques. Every aspect of the regime should provide opportunities for prisoners to 'widen their horizons', and should assist them towards informed decision-making within an enhanced range of life choices and roles following release, and should provide opportunities to acquire the attitudes and skills needed to carry forward these plans following release. In essence, the Cornton Vale regime should be empowering women to take control of their own lives within the law.

5.24 Many women may select the role of carer (whether it be of partner or children) but others, if offered the choice, might welcome the opportunity to move towards a measure of economic independence, either instead of, or as well as, their traditional roles. Progress towards the development of a regime reflecting these concepts would, inevitably, require a large-scale training programme for staff at all levels in Cornton Vale. For some staff, attitudinal change would be necessary in order to adapt to such a regime; others might need to refine or acquire the necessary skills to deliver changed roles. Above all, a regime of this nature could only be delivered through the complete commitment of an effective and cohesive management team locally.

5.25 We believe that the regime at Cornton Vale should be made as open as possible, in order to maintain family and community links and facilitate increased contact with the full range of community-based resources and agencies the women are likely to need to use on release. There is scope for increasing opportunities for peer-learning, based on the positive achievements of other women from the same communities as the women prisoners, or from similar backgrounds, to assist them to achieve their individual potential. Similarly there is scope for the inclusion of additional 'core' components to the regime, eg health promotion; personal relationships; communication skills; financial management; assertion training, etc.

5.26 Vocational training opportunities are relatively limited at Cornton Vale, and consideration should be given to expanding these in the light of current and anticipated employment opportunities in the community. Similarly, there should be an expansion of existing opportunities to enable women prisoners to acquire and practice employment-related skills in the local community. (We understand that prison management is currently in discussion with Apex about the provision of a programme of this nature.)

5.27 The regime would also benefit from increased provision of a range of individual and groupwork programmes to address problems associated with substance misuse (particularly drugs misuse, in view of the findings in Dr Cooke's recent research into the incidence of 'psychological disturbance' among prisoners). Child care issues are also a frequent problem facing women prisoners, and consideration might be given to the creation of regular 'child care clinics' within the establishment, delivered by experts from the local authority and, for example, the Scottish Child Law Centre.

5.28 In brief, the regime has become outdated in many respects. Progress towards the goals outlined above will require the availability of committed staff at all levels within the establishment, who have the knowledge, skills and attitudes required to deliver a challenging regime suited to the changing needs of women prisoners in the last years of the 20th century".

Other Responses

5.29 In addition to the above written evidence we received responses - partly in writing and partly orally - from Lady Martha Bruce and from some serving prison Governors. A summary of the main points made in these communications and discussions is as follows:-

5.29.1 Mixed prisons were not considered appropriate as it was felt female prisoners would be put under pressure by being used/abused.

5.29.2 With the apparent incidence of psychiatric/psychological problems amongst female offenders, it might seem appropriate to allocate resources to specific medical areas rather than to the more traditional area of employment skills.

5.29.3 Consideration should be given to women serving their sentences or the latter part of their sentences in prisons closer to their home area.

5.29.4 The introduction of male staff should not be pushed forward too quickly and the balance should not exceed 20%.

5.29.5 If the smaller units such as Aberdeen, Dumfries and Inverness were to be brought into regular use, then a rethink of the current regimes would be required.

5.29.6 The TFF Hostel at Polmont should be made suitable for female prisoners either on its present basis or as offering open conditions. This would afford women the opportunity to undertake employment in the community or participate in the various VT courses available in Polmont YOI.

5.29.7 A certain degree of lethargy had been allowed to creep into Cornton Vale and there was also a need for continuity especially at Governor-in-Charge level.

5.29.8 Women at Cornton Vale should not necessarily be required to adopt the accepted female role model concentrating on cooking, housework and learning about parenting.

5.29.9 Women prisoners should receive help in handling aggressive behaviour, many having been subjected to abuse in varying forms; and in assertiveness and confidence building.

5.30 In addition to the above observations we received a helpful paper from SASD on a recent study trip to prison establishments in Denmark.