Subcontracting: The legal implications for the voluntary sector

Ellie Cumbo Policy Manager, Clinks

 Coalition Agreement (2010): “We will introduce a “rehabilitation revolution” that will pay independent providers to reduce reoffending, paid for by the savings this new approach will generate within the criminal justice system.”

 Management of low and medium risk adult offenders to be opened out to competition  High risk offenders to be managed by new National Probation Service  Significant changes in the role of prisons

 A new approach to offenders completing custodial sentences of under 12 months  Cost to be met by efficiencies; later by reduced reoffending  Roll-out of Payment by Results (PbR)

 TR: A Strategy for Reform  The Target Operating Model (TOM) 2  Clinks briefings ( justice/transforming-rehabilitation)

 21 contracts for the provision of services for low- to medium-risk offenders across England and Wales will be awarded to new providers.  These will correspond to 21 Contract Package Areas (CPAs); in some cases there are as many as four police force areas per CPA.  The winning bidders for the new contracts are Tier 1 providers; their subcontractors are referred to as Tier 2 and Tier 3.

 “Embedded” in contract documentation.  Appropriate management of risk in the supply chain  Alignment of ethos in the supply chain  Visibility across the supply chain  Reward and recognition of good performance  Application of the principles of the Compact

 Standard document for subcontracting  Is likely to reflect the Tier 1 Service Agreement  Aims to make issues transparent  Currently in draft form  A framework/starting point for negotiation  Only if you are registered