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Home/ARE comment/EQUAL’s response to the MoJ

EQUAL’s response to the MoJ

HMPPS Workforce 
Professional development 
A significant area of concern for EQUAL remains the training provided for HMPPS’s frontline workforce and the level of awareness and understanding of the HMPPS’s commitment to implement Lammy recommendations. We recognise unconscious bias and de-biasing training is necessary to raise awareness of how bias and discrimination occurs but we do not feel it is sufficient to drive behaviour change. To tackle the racial disparities and ethnic biases in the CJS, the workforce needs to receive ongoing training on how to deal with race disparities, racial discrimination, and cultural competence. 

The content and delivery of training must be relevant and appropriate to reflect the intersectionality of people in the justice system. For example, a black female in custody could also be Muslim and have a disability. It’s important that these multiple characteristics are taken into account when meeting an individual’s needs and when analysing equalities data. 

Current training provision for staff, including induction of new staff, should be evaluated and assessed against ethnic and faith diversity in the CJS and the challenges that this presents. Online training needs to be reviewed for its effectiveness and adapted to reflect the operational challenges set out above. It’s important that the staff delivering the training reflects the ethnic/faith diversity of the working age population. 

Ethnic representation
HMPPS’s commitment to increase BAME representation in the workforce is positive. However, we think MOJ/HMPPS should be far more ambitious on the timeline set to increase the number of BAME leaders and we call on the Minister to make progress by 2025 to increase the number of BAME leaders. The appointment of four senior BAME staff Development Leads to support BAME staff progression is very important and should be given sufficient time and resources to make an impact. 
Encouragingly, there has been an increase on the Parole Board with those self-identifying as BAME up from 5% to 13%.

EQUAL would urge any learning from their recruitment strategy to be shared more widely across the CJS. 

Judiciary 
It is disappointing to see what feels like a lack of appetite from the Judiciary to embrace some of the kinds of changes that have taken place elsewhere in the CJS. Little seems to have been done to address unconscious bias in recruitment. The lack of enthusiasm for national targets to achieve a representative judiciary is discouraging. 
We recognise targets can be rigid and inflexible but given the current situation and the success HMPPS have had with targets, the judiciary may want to reconsider this position.

There is an abundance of evidence that suggests merit-based recruitment does not eliminate unconscious bias and whilst we understand the need for merit to play a role in judicial appointments, there seems to be a lack of understanding of the positive impact that lived experience and diversity of thought can have on judicial decision making. 

Conclusion 
Overall, there are some important pieces of work taking place and some impressive work strands including work around GRT communities. However, it is evident that there is still so much more to do. Affecting systemic issues around race/ethnicity was always going to be difficult, and it is important for the MOJ, YJB and HMPPS to recognise that such issues will not be resolved via ad hoc programmes of work, but an overall appetite to consider race equality throughout everything the organisation does day in and day out. 

Leaders in prison and probation have a responsibility to lead the culture and behaviour change that is necessary if the services are to become fairer and more inclusive. With the increased numbers of new prison officers, it is vital that their training is fit for purpose and existing staff are provided with refresher training that clearly reflects the Government’s commitment to improving outcomes, including specific training on race and discrimination. 

EQUAL continues to work closely with organisations existing within the CJS to improve outcomes for BAME communities and we look forward to supporting the MOJ to continue to embed the Lammy recommendations beyond the current programme of work.  

EQUAL welcomes the responses provided by Barrow Cadbury Trust and the Criminal Justice Alliance on this update. 

Shadae Cazeau, EQUAL head of policy 2019-2021

Pages: Page 1 Page 2 Page 3 Page 4 Page 5 Page 6

Published on:
04/01/2022

Categories: ARE comment, ARE voices, criminal justice, EQUAL, policy, programmeTags: Comment, criminal justice, EQUAL, youth justice

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