House of Commons Public Accounts Committee Key challenges facing the Ministry of Justice Fifty-Second Report of Session 2019–21 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 18 March 2021 HC 1190 Published on 24 March 2021 by authority of the House of Commons The Committee of Public Accounts The Committee of Public Accounts is appointed by the House of Commons to examine “the accounts showing the appropriation of the sums granted by Parliament to meet the public expenditure, and of such other accounts laid before Parliament as the committee may think fit” (Standing Order No. 148). Current membership Meg Hillier MP (Labour (Co-op), Hackney South and Shoreditch) (Chair) Mr Gareth Bacon MP (Conservative, Orpington) Kemi Badenoch MP (Conservative, Saffron Walden) Shaun Bailey MP (Conservative, West Bromwich West) Olivia Blake MP (Labour, Sheffield, Hallam) Sir Geoffrey Clifton-Brown MP (Conservative, The Cotswolds) Barry Gardiner MP (Labour, Brent North) Dame Cheryl Gillan MP (Conservative, Chesham and Amersham) Peter Grant MP (Scottish National Party, Glenrothes) Mr Richard Holden MP (Conservative, North West Durham) Sir Bernard Jenkin MP (Conservative, Harwich and North Essex) Craig Mackinlay MP (Conservative, Thanet) Shabana Mahmood MP (Labour, Birmingham, Ladywood) Sarah Olney MP (Liberal Democrat, Richmond Park) Nick Smith MP (Labour, Blaenau Gwent) James Wild MP (Conservative, North West Norfolk) Powers Powers of the Committee of Public Accounts are set out in House of Commons Standing Orders, principally in SO No. 148. These are available on the Internet via www.parliament.uk. Publication © Parliamentary Copyright House of Commons 2021. This publication may be reproduced under the terms of the Open Parliament Licence, which is published at https://www.parliament.uk/site-information/copyright-parliament/. Committee reports are published on the Committee’s website and in print by Order of the House. Committee staff The current staff of the Committee are Jessica Bridges-Palmer (Media Officer), Ameet Chudasama (Committee Operations Manager), Richard Cooke (Clerk), Rose Leach (Committee Operations Officer), Kandirose Payne-Messias (Committee Support Apprentice), Ben Rayner (Second Clerk), Ben Shave (Chair Liaison), and Wafia Zia (Second Clerk). Contacts All correspondence should be addressed to the Clerk of the Committee of Public Accounts, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 5776; the Committee’s email address is [email protected]. You can follow the Committee on Twitter using @CommonsPAC. Key challenges facing the Ministry of Justice 1 Contents Summary 3 Introduction 4 Conclusions and recommendations 5 1 Recovering from the pandemic 8 Risks across the entire justice system 8 The impact of the pandemic on prisons 9 A challenging route to pandemic recovery in the court system 9 2 Systemic challenges across the justice system 11 Delivering court reform 11 Managing prison capacity 11 Continued strain on frontline staff 12 Formal minutes 13 Witnesses 14 Published written evidence 14 List of Reports from the Committee during the current Parliament 15 Key challenges facing the Ministry of Justice 3 Summary The justice system is under unprecedented pressure. The Ministry of Justice (the Ministry) is facing significant risks across courts and tribunals, prisons and probation services as it attempts to recover from the pandemic and make progress with ambitious change programmes. The court reform programme is in its final phases but still not in the clear; a major programme of building new prisons is underway but threatened by an eye-watering maintenance backlog of around £1 billion; and HM Prisons and Probation Service (HMPPS) an executive agency of the Ministry, is in the process of reunifying the probation service. These are daunting challenges, made more difficult by the need to plan for and manage the expected surge in demand across the criminal justice system from the recruitment of 20,000 new police officers. The response to the pandemic has exacerbated existing pressures on the justice system. The backlog in the court system means unacceptably long waiting times for people to access justice. We remain unconvinced that the Ministry and HM Courts & Tribunals Service (HMCTS) have robust plans in place to manage the challenges in the court system, and for reducing the huge backlogs that have built up. We are also concerned that restrictive regimes in prisons during the pandemic have worsened prisoner wellbeing and mental health, and social distancing has made the effective provision of rehabilitation and probation services much more challenging. While we are encouraged by HMPPS’s plans for managing the risks in the prison system and probation services, the maintenance backlog poses a real threat to achieving a safe and secure prison estate. After sustained pressure on its finances, the Ministry received a welcome uplift in the 2020 Spending Review, including £4 billion for new prison places and £119 million to support recovery from the pandemic. Even so, its long-term funding position remains uncertain and hampers its ability to make credible plans to address the risks it faces. 4 Key challenges facing the Ministry of Justice Introduction The Ministry of Justice (the Ministry) and its executive agencies, including HM Courts & Tribunals Service (HMCTS) and HM Prisons and Probation Service (HMPPS), are responsible for managing the work of courts, prisons and probation services. The pandemic has significantly impacted the operation of the justice system and has exacerbated systemic issues that have arisen over the years as a result of deep cuts to the Ministry’s finances, increased demand across the whole system, and sustained pressure on frontline staff. The Ministry and its agencies are attempting to support the system to recover from the unprecedented effects of the pandemic and to manage significant reform programmes in courts and probation, alongside an ambitious prison building programme. Key challenges facing the Ministry of Justice 5 Conclusions and recommendations 1. We are concerned that the Ministry faces significant risks across the full range of its services, without a clear sense of prioritisation. The pandemic has exacerbated the pressure on the justice system and the systemic issues that we have pointed to in the past. Aside from its work to support the justice system to recover from the pandemic, the Ministry has a complex portfolio of 15 projects listed in the Government’s Major Projects Portfolio. Many of these projects are at critical stages, including court reform, building new prisons and introducing a new model for delivering probation services. The Ministry was unable to tell us how it planned to prioritise its efforts as it manages significant change in every part of the system alongside an expected increase in demand as government implements its plans for 20,000 new police officers and sentencing reforms start taking effect. The Ministry and its agencies welcome the significant uplift in the 2020 Spending Review, which included £4 billion for new prison places and £119 million to support the justice system’s recovery from the pandemic, but recognise that this is against a backdrop of deep funding cuts over many years. Recommendation: In the absence of clear sense of its priorities, the Ministry should set out what contingencies it has if it encounters difficulties delivering its change programmes across courts, prisons and probation services. 2. The pandemic has significantly impacted the wellbeing and life chances of prisoners, making it critical that the Ministry and HMPPS accelerate their work to improve the mental health of prisoners. The need for restrictive regimes to maintain social distancing in prisons during the pandemic has exacerbated the existing mental health challenges that prisoners face. In 2019–20, the incidents of self-harm in prisons remained high, particularly in the female prisoner population. We welcome HMPPS’ work to specifically address the issues facing female prisoners, including maintaining family contact and one-to-one counselling support. It is vital that HMPPS continues to learn lessons from how it manages the impact of the pandemic on prisoner wellbeing and that it sustains this work in the long term. We are encouraged by HMPPS’s commitment to improve its work with others, including the Samaritans and CLINKS. Recommendation: In its Treasury Minute response to this report, the Ministry and HMPPS should set out what progress they have made with the initiatives they put in place to support prisoner mental health since the beginning of the pandemic and the impact this has had on those in prison. 3. We have limited confidence in the Ministry’s plans for reducing the backlog in the court system, particularly in criminal courts. The backlog in criminal courts was growing before the pandemic, and many organisations have warned that it could take years to clear the backlog. But the Ministry and HMCT could not tell us what level of outstanding caseload is, in their view, acceptable. It is therefore not clear to us what the Ministry is aiming for in its plans to reduce the backlog. What is abundantly clear is the impact that delaying access to justice has on victims and witnesses, who in some cases find themselves waiting years to access justice. There is a risk that the Ministry is overly relying on the potential of technology 6 Key challenges facing the Ministry of Justice to manage the increased demand in the court system, without yet having a clear understanding of how the rapid expansion of remote justice impacts on court users or justice outcomes. Recommendation: The Ministry should write to the Committee within one month to set out its plan, including clear projections and timeframes, to reduce the backlog in the court system, particularly in criminal courts where the backlog is most acute. 4. Despite previous warnings, the Ministry and HMCTS do not yet have a firm grip on the data they need to understand how effective the court reform programme is or its impact on users.