bass stakeholder user guidance - gov.uk · 2 bass exclusions 2.1 bass does not accept sex...

ANNEX A: to BASS (Bail Accommodation and Support Services) POLICY FRAMEWORK Reference No Implementation Date: 18 June 2018

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BASS STAKEHOLDER USER GUIDANCE

1. Eligibility for BASS

The priority of acceptance to the Services is:

1. Bailees (Core). 2. Individuals subject to Home Detention Curfew (HDC) (Core). 3. Individuals referred because of risk of Recall to prison (part of the ALC) (Core). 4. Individuals subject to Intensive Community Orders with a residence requirement1

(Core). 5. Individuals referred upon release (part of the ALC). 6. Individuals who have an extension of BASS residency approved by the Authority.

1.1 The BASS Service is for those who are assessed by OASys (or other Authority

approved risk management system) as being Low to Medium risk of harm.

1.2 The service has bed spaces located throughout England and Wales and are gender

specific. The contract has provision to provide support also for Transgender offenders

and for families

2 BASS exclusions

2.1 BASS does not accept sex offenders. Those on police bail for, cautioned for, convicted of or charged with offences mentioned in Schedule 3 to the Sexual Offences Act 2003 are excluded from BASS. An offender or defendant is a sex offender for the purposes of BASS if he/she has previously been cautioned for or convicted of, or is currently on police bail for, or charged with, a sexual offence mentioned in Schedule 3 (as amended) to the Sexual Offences Act 2003, or equivalent offences in other jurisdictions. Defendants and offenders will be ineligible whether or not the notification (sex offenders register) requirements of the Act have been imposed and even where any provisions which must be met for notification have not been met or the notification requirement has expired.

2.2 Those convicted of arson within the previous 10 years or charged with arson are not

automatically ineligible for BASS and will be considered on a case by case basis by the supplier.

2.3 Offenders due to be released from a custodial sentence of 4 years or more are not

eligible under the Additional Licence Cohort (ALC). 2.4 BASS will not accept those who have been assessed by OASys (or other Authority

approved risk management system) currently to pose a High or Very High risk of serious harm.

2.5 BASS will not accept those who will be unable to pay rent from their own means or

through access to Housing Benefit but may accept placements on a temporary, two-week basis pending clarification of eligibility for foreign national prisoners or those temporarily excluded from their previous home. Where a referrer is unsure they should discuss with the BASS provider.

1 In Greater Manchester and Wales only


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2.6 EEA and other foreign nationals are not excluded from BASS, provided they meet the

criteria above and provided that they are not in breach of immigration laws other than through overstaying an approved period of leave to enter or remain in the UK.

2.7 The BASS provider will refuse those they assess as posing an unacceptable risk to

their property or staff, other residents of the property, the Service User him or herself, neighbours or any other person. The BASS provider may refuse any case where they consider that there is insufficient information on which to make an adequate assessment of risk.

2.8 Anyone under 18 years of age is not eligible.

3 The Nacro BASS offer

3.1 Nacro were awarded the contract to succeed Stonham (part of Home Group) as the

provider of BASS Services to Ministry of Justice / HMPPS in February 2018 following

a full competition to run the service. The Service Commencement date will be 18th

June 2018.

3.2 People accepted into BASS are referred to as Service Users

3.3 Service Users will be offered accommodation that is subject to an Accommodation

Agreement that sets out the conditions of stay including rents, behaviour, support

session attendance and arrangements at the end of the planned residence. House

Rules are in place and every Service User will need to abide by these rules.

3.4 The accommodation provided will be mainly shared accommodation in the community

with each Service User having their own lockable bedroom in small houses or flats –

typically with up to 4 people sharing communal facilities including bathrooms, lounge /

diner, kitchens. A limited number of single bed accommodation may be available

during the lifetime of the contract but is expected to be very limited and more often

accommodation will be in a shared residence.

3.5 Service Users will have to pay the rent and a contribution towards utilities, either

themselves or through Housing Benefit. Service Users should understand that a failure

to do so will result in termination of the Accommodation Agreement and licence and

may lead to a return to custody.

3.6 In all cases Nacro will request that Housing Benefit is paid directly to them and not via

the Service User. Housing Advice Workers and Nacro should be consulted about

Housing Benefit eligibility if there is doubt about this.

3.7 Those provided with accommodation will be given help by the BASS support worker to

move-in and to maintain occupancy as an effective resident. They will also get help to

find move-on accommodation beyond the end of the HDC period. This will be through

the provision of weekly mandatory support sessions. During the first 2 weeks of

residence the support will be doubled to help the Service User settle and following

completion of residence Nacro will make post BASS support available for a short

period.

3.8 An offender who is a parent may be provided with family accommodation where he or

she can be joined by dependent children. However, in recognition of the need to


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protect children, such a request should only be made where a check has been carried

out and Social Services have confirmed in writing that there is no reason why the

named child or children should not join the parent. Where a parent and child or children

are accommodated there will be no other occupants in a shared house.

3.9 Partners will not be permitted to stay at accommodation provided by Nacro. With the

exception of parents and dependent children (where approved) there will be no mixed

gender sharing of houses. Children under 18 are not allowed in the property unless

defined as in 3.8 above, where a dependent child residing is residing in a family

accommodation.

3.10 Nacro will also regularly advise the whereabouts of accommodation and support

available, but requests should be made for where accommodation or support is wanted

(so that Nacro can, over time, analyse and match provision to need).

3.11 Support will consist of an induction session on arrival and help, in conjunction with the

CRC, to find stable accommodation to move on to at the end of the HDC Licence.

3.12 Nacro is required by the contract to establish good liaison with the police and with other

stakeholders, including Prisons, NPS, CRCs and the electronic monitoring suppliers.

They have clear guidance on when to initiate breach procedures, and set procedures.

Failure to arrive at the accommodation, absconding, or breaches of the

Accommodation Agreement will be reported to the Responsible Officer for the Service

User. The BASS provider may withdraw the accommodation for persistent breaches,

of the Accommodation Agreement.

3.13 Nacro can provide copies of referral forms and marketing material to referral sources.

Nacro may be willing to attend courts and prisons to help promote and explain the

service and welcome invitations to attend resettlement and other events. BASS details

are also available via the HMPPS Intranet and EQUIP. Contact details are set out

below.

3.14 From time to time Nacro will host house open days and staff from prisons, NPS and

CRCs are encouraged to attend.

4 Making a Referral to BASS

4.1 Referral staff must follow instructions as set out at 4.2 to 4.9 and sections 5 through to

9 for specific referral instructions, as highlighted in 4.8 below and ensure that referrals

are eligible for the scheme by which they are being referred to BASS.

4.2 Referral forms must be obtained from the BASS Provider either by direct request or

can be access from EQUIP or directly from Nacro by emailing

[email protected]

4.3 There are two referral forms, one is specifically for Bail, ICO/IAC referrals and the

second provides the opportunity to refer for either Home Detention Curfew (HDC) or

Additional Licence Cohort (ALC).


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4.4 Referral forms must be completed fully by referrers and if in any doubt about required

content, the referrer should contact the Centre Referral hub for more guidance. This

may be particularly important also for answering questions about process but also any

fears about Housing Benefit entitlements.

4.5 Referrers may find the referral form to be long, but it is important to recognise that

Nacro does not have access to Authority systems such as nDelius or NOMIS. Consent

from the referred person is required and to enable the application to proceed, Nacro

do require this information as far as it is obtainable. Nacro do have a target to complete

referrals in a stated timescale but a fully completed referral must be received before

processing can commence.

4.6 Nacro will use all reasonable endeavours to provide accommodation for a Service User

in the area identified in the referral and will make an offer to a Service User of

Accommodation within the following timeframes:

i. for referrals of Bailees coming from Court, one (1) hour from receipt of the

completed referral form;

ii. for referrals of Bailees from prison, one (1) Working Day from receipt of the

completed referral form;

iii. subject to iv. below, for referrals of Service Users subject to a HDC, three (3)

Working Days from receipt of the completed referral form;

iv. for released Service Users subject to a HDC who lose their accommodation post

– HDC release, one (1) hour from receipt of the referral form;

v. for referrals of Service Users who are part of the ALC, three (3) Working Days

from receipt of the completed referral form;

vi. for referrals of Services Users considered for Recall; one (1) hour from receipt of

the completed referral form; and

vii. for referrals of Services Users subject to ICO, one (1) hour from receipt of the

completed referral form.

4.7 A referral of a potential Service User can be made to Nacro by Probation or Prison

providers who are working in support of Court Bail or Intensive Community Order

processes, Court Bail from Prison (2nd Bail) processes, Recall Process, Home

Detention Curfew Process or Through-the-gate processes. Referrers are responsible

for providing the information required in the referral form.

4.8 Specific detail about referral cohorts can be found at section 5 for Bail; sections 6 and

7 for HDC, section 8 for Additional licence cohort and section 9 for Intensive

Community Orders

4.9 Contact details for the Nacro BASS Central Referral Hub:

Address: Valley Mills, 334 Meanwood Road, Leeds, LS7 2JF

Telephone: 0300 555 0264

Email: [email protected]

mailto:[email protected]


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5 Referral arrangements for Bailee’s to BASS and HMPPS responsibility

5.1 The National Probation Service (NPS) and Prisons are commissioned and therefore

resourced through the Service Level Agreements with the MoJ Commissioner to

conduct Bail Assessments and, as part of this process, to make appropriate referrals

to BASS. BASS applications for Bailee’s should be made by direct employees of

HMPPS (NPS and HMPS) and from the employees of privately managed prisons. The

NPS is responsible for providing services at Court and each prison remains responsible

for the provision of these services, although probation staff can fulfil this role on behalf

of the prison by agreement.

5.2 Prison Governors and NPS must ensure that staff completing bail enquiries have ready

access to pre-convictions information from the PNC (either directly as an approved

user, or through an approved user). This information is crucial for the staff when

interviewing defendants and to the production of good referrals to BASS and bail

information reports.

5.3 Where a bail information service is provided at first appearance, NPS court staff

maximise the use of BASS in cases where the defendant would otherwise be

remanded in custody. NPS court staff liaise effectively with prison staff in respect of

cases where bail information work or applications to BASS are commenced at court or

where prisons request help with cases being returned to Court, and he Courts have

been advised that BASS is intended to provide an alternative to remand for defendants.

5.4 The availability of accommodation and/or support for individual defendants will be

communicated to the Courts through Bail Information Reports (BIR) produced by NPS

court teams at first appearance and by prison staff for second or subsequent hearings

(as for Approved Premises referrals).

5.5 For information on Bail Policy, referrers should refer to:

Service Specification for Bail Services version P3.1

PSO 6101 Bail Information Schemes

5.6 Staff should seek to identify those who may be bailable if they had the accommodation

and/or support that BASS provides. They should prioritise women, BAME and

vulnerable defendants/prisoners.

5.7 All staff completing bail enquiries are not required to complete formal OASys risk

assessments before referring cases to Nacro or before submitting a BIR. Staff must

identify risk factors using information including pre-convictions, available records and

information from interviewing the defendant including any needs ensuring that relevant

information is included in or supplied with the referral to Nacro and in the Bail

Information Report to the Court. They should summarise pre-convictions, also identify

any constraints as to location – e.g. ASBOs or witness/victim issues. Staff must consult

the Offender Manager, where the defendant has one and obtain the latest OASys

report to support this process. Where an OASys risk of harm screening or a risk of

harm assessment has been conducted and is available staff should draw on that

assessment in identifying risk factors. Staff should encourage defendants to seek bail

but need to use their awareness and judgement so that they do not generate

unreasonable expectations of release. Where an OASys risk of harm screening or a

risk of harm assessment has been conducted staff should draw on that assessment in


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identifying risk factors but the Screening or Assessment document itself should not be

copied to Nacro.

5.8 Staff should complete and submit the bail information report to the court, CPS and

defence lawyer in the usual way, but identifying the availability of accommodation and

support as set out in the Nacro proposal should the Court wish to use it in the case.

The BIR should also state the needs and risks identified and draw attention to the help

with these that the Nacro support officer will provide. The brief description of the Nacro

service at Appendix A should be sent with the BIR.

5.9 Witness statements must not be copied to Nacro.

5.10 The referral form allows staff to indicate the defendant’s support needs. Nacro will also

make their own assessment of needs through the contact sessions during the ensuing

bail period. It is appropriate to mention mental health needs, but without breaching

any medical confidentiality.

5.11 Both untried and convicted unsentenced defendants are eligible to apply for bail and

may be referred to BASS and provided with BIRs. Those who have been remanded

because of an abscond risk, especially if they are without accommodation, are most

likely to get bail into BASS. Convicted, unsentenced prisoners who have no address

may have been remanded in custody to facilitate probation or medical interviews, but

may be bailable.

5.12 Defendants who seek bail and who are appropriate to an Approved Premises place

should be referred to an Approved Premises if a place is available. Such defendants

are unlikely to be suitable for referral to BASS, except where Approved Premises do

accept medium or lower risk defendants (e.g. in particular Approved Premises for

women).

5.13 Staff should invite appropriate defendants to agree to receive the BASS

accommodation and/or bail support in given locations, whilst ensuring that the

defendant understands that the decision on whether they will in fact be bailed is for the

Court.

5.14 As with all other cases staff completing bail enquiries must interview the defendant

before making any referral and completing a BIR.

5.15 Staff should ensure that defendants are aware of the type of accommodation, that it

will usually be shared, and that they will have to pay the rent and a contribution to

utilities either themselves or through Housing Benefit, and that failure to do so will result

in termination of the Accommodation agreement and licence and potentially a remand

in custody.

5.16 Staff should ensure that defendants are aware that they will get help from support

officers, that they will (normally) have one enforceable contact session a week (two in

the first 2 weeks) and that they will be required to sign an agreement covering

compliance with bail and behaviour.

5.17 Staff should ensure that defendants understand that they are expected to make their

own way to the bail accommodation – where they will be met. They should ensure that


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prisoners are aware of the availability of travel warrants from the prison (if released

from the prison) or the court escort contractor (if released at court). BIOs should

identify any defendants who will need transport to be provided – e.g. because of

disability or journey difficulty - and should include this on the request to BASS where

necessary. Where a defendant is located more than 1.5 hours away from court,

reasonable costs to attend future court appearances will be met by Nacro.

5.18 Staff should identify cases where the timing of release and travel may mean an

overnight remand is appropriate to avoid the risk of the defendant being unable to

reach the address in time on the day of the hearing. They should alert the Court and

solicitor and, if appropriate, the prison Video Link staff to such cases.

5.19 The BIR and supporting documents should be sent to the Court, the CPS and the

defence. When submitting bail information reports prison and NPS staff should send

the briefing note to the Court, CPS and defence solicitor with the bail information report

and the BASS provider’s proposal for accommodation and/or support.

5.20 Staff completing bail enquiries should send the Bail Information Report with the BASS

proposal and a description of the service to the Court, the CPS and the defence

solicitor. It is important that Staff ensure that Courts and the defendant have the

information necessary to contact Nacro if bail is granted.

5.21 Courts are free to impose additional breach-able contact sessions and other bail

conditions – including curfews with tagging - if they deem it appropriate.

5.22 Where the court hearing will be by prison video link, prison staff should include on the

Referral the amount of time needed to effect discharge of the prisoner from the prison

following the video link hearing if bail is granted - so that Nacro can estimate the time

needed to get to the address. Courts may need to remand overnight if the release and

travel would mean that the defendant cannot reach the address by early evening.

5.23 If there are any changes in the circumstances (for example a prison transfer or the

prisoner is bailed or released) between the date a proposal is received and the Court

date the BIO must advise Nacro and vary or cancel the request.

Family Accommodation

5.24 A defendant who is a parent may be provided with family accommodation where he or

she can be joined by dependent children. However, in recognition of the need to protect

children, such a request should only be made where a check has been made and

Social Services have confirmed in writing that there is no reason why the named child

or children should not join the parent. Where a parent and child or children are

accommodated there will be no other occupants in a shared house.

5.25 If there is doubt about whether a parent should be permitted to be joined by a

dependent child, or if investigation through the appropriate authorities would cause

delay, staff can invite the defendant to go for bail and make the request to be joined

subsequently. If following release, the relevant authorities agree that the defendant


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can be joined by the dependent(s) then Nacro may need to arrange a new address -

and will help the defendant make any variation of bail required.

5.26 Partners will not be permitted to stay at accommodation provided by BASS. With the

exception of parents and dependent children, there will be no mixed gender sharing of

houses.

5.27 Defendants on bail. offenders on ICO or licence may be accommodated in the same

house.

5.28 Nacro are contracted to provide regular updates regarding the whereabouts of

accommodation and support available, but staff should make requests for where

accommodation or support is wanted (so that Nacro can, over time, analyse and match

provision to need).

5.29 Staff are encouraged to discuss cases with Nacro, through the BASS Central Referral

Hub, if unsure about the forms, or to clarify procedures or the handling of cases.

Women

5.30 Staff in prisons and courts must consider whether a woman may need additional levels

of support. Nacro have a range of female specific support services and a female

support worker can be allocated if required.

PNC – pre-convictions and convictions abroad

5.31 Staff should ensure that they have accessed pre-convictions data from PNC before

completing any request to BASS or before completing any BIR. Nacro may refuse any

case where it considers that there is insufficient information on which to make an

adequate assessment of risk.

5.32 Referrers should seek to establish whether applicants have been living in the UK. If

they have, then PNC can be relied on to provide information on past convictions. If a

UK national or EEA or foreign national has lived abroad for a period of 6 months or

more in the last 3 years then foreign convictions information should be sought before

referral. When a return is received referrers may refer cases if not ineligible and Nacro

will consider these on a case-by-case basis.

5.33 Should further information on convictions abroad be received after referral or after

release to BASS then the new information must be passed to Nacro immediately so

that a decision can be made on whether the user may continue in the service or

whether management arrangements should be varied. Nacro have the right to

withdraw the accommodation if new information renders the service user ineligible.

Foreign Nationals

5.34 Foreign nationals including those who are nationals of countries outside the EEA are

not excluded and can be referred to BASS if they meet the standard eligibility criteria

and subject to:


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Not being in breach of immigration laws other than overstaying an approved period of

leave to enter or remain in the United Kingdom.

Sufficient information being available to establish eligibility and to enable Nacro to

reach an assessment of risk

Having funds to enable them to pay rent/service charge or being able to claim housing

benefit.

Orders and Release

5.35 The Court, if it grants bail into BASS, will record the service as a condition on the Bail Form and will send a copy of the Bail Form direct to Nacro on the day of decision. An example of recording BASS as a condition on the Bail Form should read:- To Live and Reside at :( Full BASS address) To comply with all the Terms and Conditions of the BASS accommodation Licence To abide by an electronically monitored curfew of ……. Daily Any other Bail conditions

5.36 Where a prisoner appears in Court over the prison video link and is bailed, the prisoner must be made aware of the following information - all of which will have been provided by Nacro:

The accommodation address details

Travel directions to the address

The name of the Nacro contact

Nacro telephone number

Details of the 24hr police station nearest to the address

5.37 The prison must also ensure that the prisoner is aware of the required arrival time, which should have been set by the Court, and is provided with a travel warrant in accordance with existing discharge policy. Prisons should take particular care to ensure that the Defendant has sufficient time to reach the BASS accommodation by the required arrival time, without putting the Defendant in breach of his/her conditions. Where it is evident that the Defendant has insufficient time to travel, discussion with Nacro should take place to consider alternatives. As a last resort the Defendant may elect to stay overnight at the prison and in line with prison discharge procedures this should be a consideration for the releasing prison.

5.38 Where the prisoner attends court in person then he/she or the solicitor will be expected to contact Nacro. It is important that BIOs ensure at the time they submit the BIR that Courts, solicitors and the prisoner have the information necessary to contact Nacro if bail is granted, and have the travel directions provided by Nacro. Those produced at Court may be provided with travel warrants by the Court Escort Contractors, in accordance with existing policy and contractual obligations.

5.39 If the Court imposes more breach able support sessions than the standard of one a week this will be recorded on the Bail Form.

5.40 Courts may identify potential cases for bail into accommodation and support at first appearance. Wherever possible the court probation staff will pursue a referral. Exceptionally the defendant may have to be remanded in custody perhaps with pre-release conditions set by the Court. Staff should be alert to such cases which will need to be prioritised to minimise remand periods. Where court probation staff do


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commence action, they will ensure that the relevant prison is aware that an initial request has been made to Nacro.

Service Description, including Breach arrangements, for Bailees

5.41 Nacro will respond in writing to the formal referral with details of an address and

support officer following acceptance of an offer by the Defendant. If Nacro is unable

to meet a specific request they may offer an alternative.

5.42 Nacro will take account of any issues around location and the sharing of

accommodation. If Nacro is unable to meet the request they may offer an alternative.

5.43 A Support Officer or Housing Assistant will meet and welcome the service user on

arrival at the accommodation for a full and clear induction meeting. This will be carried

out during the contracted hours and will include a full tour of the accommodation,

including introducing the SU to other residents residing in the property, being given

keys to access the accommodation and the signing of the Accommodation Agreement

(Licence Agreement), including the accompanying house rules/conditions of

residence. The Support Officer/Housing Assistant will explain clearly what this means

for the service user, especially with regard to anti-social behaviour, and will confirm

that the conditions of residence are understood to avoid the Service User being

breached. Nacro will want to ensure as a priority that every service user is supported

in maintaining occupancy of the accommodation, including compliance with the legal

conditions in force. Nacro will inform all service users that they are working in

partnership with Electronic Monitoring Providers, Courts, Police, National Probation

Service and Community Rehabilitation Companies, and any behaviour which is not

suitable will be shared with the relevant parties. The service user will be made aware

of their rent payment obligations and when this is due. Nacro will support the service

user to make a claim for housing benefit and any other welfare benefits they are entitled

to in order to manage their tenure. Alongside this, the service user will receive a

welcome pack that includes a Service User Handbook which is given to residents in all

Nacro housing services. Tailored to BASS, this simple guide will outline the house

rules, no under 18s policy (unless family referral), non-engagement procedure, ‘Have

your say’ – complaints, compliments and suggestions procedure, safeguarding

vulnerable adults and children procedures and our Equality & Diversity policy. All

service users will be required to sign the Service User Handbook to say they have had

the content explained to them, that they understand it and agree to its contents. The

Support Officer/Housing Assistant will advise on how to contact staff, including

themselves, Nacro’s out of hours emergency procedures, and point out the essential

contact points and local information contained in the handbook (local amenities such

as supermarket, GP surgery, benefits office, post office, hospital, LA housing

department etc.). A local map will also be issued. A welcome food pack, a £10 prepaid

mobile telephone and toiletry pack (including personal hygiene and sanitary items) will

also be given to the service user and additional items provided for any dependent

children. All service users will receive a BASS Pocket Planner to be reminded of

important appointments and to develop organisation skills; during support sessions,

Support Officers will ensure they populate dates such as support sessions, court

attendance and Offender Manager appointments.

5.44 The bail support will consist of a minimum of 1 breach-able contact session a week.

Attendance at these within the rules set down by Nacro will be a condition of bail.


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Courts may impose more breach able sessions, and Nacro may decide more non-

breach-able sessions are appropriate. The support worker provided by Nacro will help

the defendant to observe the conditions of their bail order, address issues such as self-

management, drug, alcohol or substance dependency, and help access housing,

education or employment, by engaging existing specialist public and voluntary services

as appropriate. Nacro will provide 2 support sessions a week for the first two weeks,

thereafter one session a week will be provided.

5.45 Those provided with accommodation will be given help by Nacro’s support officers to

move in and to maintain occupancy of the accommodation. They will also get help to

find move-on accommodation beyond the end of bail (although a proportion will be

sentenced to custody or may be re-remanded). The defendant will be allowed to

remain at the accommodation for up to 7 days following completion of the Bail period

unless otherwise recalled or the service is terminated.

5.46 Nacro is required to establish good liaison with the police and with other stakeholders

including probation providers and electronic monitoring suppliers. Nacro has clear

guidance on when to initiate breach procedures with the police, and set procedures.

Failure to arrive at the accommodation, or absconding, will be reported to the police.

Failure to attend 2 contact sessions within a 21-day period will be a breach of bail and

late arrival can result in termination.

5.47 The BASS provider can withdraw the accommodation for persistent breaches, if the

risk profile changes or due to a significant event, which would place the service user

in breach of their Bail Order. The Police will be advised via a Section 9 witness

statement completed by the BASS provider.

5.48 Nacro will maintain records of cases including requests, referrals, orders and service

provided and will make reports available to HMPPS.

6 Home Detention Cufew (HDC) referrals and subsequent process

6.1 The National Probation Service (NPS), Community Rehabilitation Companies (CRC)

and Prisons are commissioned and therefore resourced through the Service Level

Agreements with the MoJ Commissioner to refer HDC offenders eligible for BASS as

part of the generic HDC assessment process described in PSI 01/2018 when BASS

would be appropriate.

6.2 Referrals to BASS may be made by direct employees of HMPPS and also by

employees of CRC’s or their sub-contractors who may be supporting either the HDC

or Through-the-Gate processes. Each prison will remain overall responsible for the

provision and resourcing of offender services and for how this process is delivered

within each establishment.

The latest instructions and guidance on HDC are set out in:

PSI 01/2018 and PI 01/2018, which will need to be read with the associated documents

listed on the front of each instruction until the new HDC Policy framework is issued.


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Process for referring a HDC eligible prisoner

6.3 In support of the existing instructions, the HDC Proposed Address form is issued to the

prisoner in line with the normal timetable (at least 10 weeks before HDCED, where

possible). If the prisoner cannot provide an accommodation address, and they

otherwise meet the basic eligibility criteria, they must be offered the possibility of

accommodation through the BASS contract operated by Nacro.

6.4 The prisoner may reject this offer but can be reconsidered for HDC and for BASS at a

later date if he/she wishes.

6.5 If the prisoner accepts the offer, a member of prison staff must interview them to

determine their potential needs, including: whether there are any dependents, the area

the prisoner wishes to be curfewed to.

6.6 The HDC Address Checks form must be sent to the relevant probation provider, NPS

or CRC, to provide an ‘in principle’ report on the assumption that suitable

accommodation will be found. The form asks the NPS or CRC to comment on whether

the offender can be safely managed in the proposed release area.

6.7 If the NPS or CRC report that the offender cannot be safely managed in the proposed

area, the offender will be asked to propose another. If the NPS or CRC support

release to the proposed area, relevant staff must then complete the BASS Referral

form for HDC and send this to the Nacro BASS Central Referral Hub providing: the

prisoner’s details: the area of preference for the prisoner to be released to: details of

any dependants who may also need to be considered; and the date for when the

accommodation is required, including the end date of HDC. The Referral form must

be sent no later than 14 days before the expected HDC release date, where possible.

6.8 Nacro will process the referral within 3 Working days as set out at 4.5, either placing

the individual on a waiting list for accommodation if, and when it becomes available, or

offering an address for the prison to consider. Nacro may also reject the referral and

will provide the referrer with its reasons or exclusions as set out in section 4. Where

the reason for rejection is solely due to lack of availability in nominated area, Nacro will

offer an alternative, where available.

6.9 Following an offer being made, if the Governor decides the address is unsuitable a

further request can be placed with Nacro. However, if the Governor considers the offer

to be suitable and the prisoner also agrees the terms of BASS, the prison must contact

Nacro’s BASS Central Referral Hub confirming the address is suitable. This must be

done no later than 7 calendar days before the date of release.

6.10 The Notification to Other Agencies of release date on HDC must be faxed/emailed as

normal to the EM supplier, the NPS or CRC, National Identification Service (NIS, New

Scotland Yard) and local police 14 days in advance of the release, where possible.

6.11 Unless specifically agreed and included upon the HDC licence, the prisoner should

arrive at the accommodation, at the normal time of 15:00 hours, on the day of release.

The Nacro support worker will be there to meet the prisoner at the agreed time.

However, if Nacro has been informed by the prison or the prisoner that they have been

unavoidably delayed, the support worker shall be available until 19:00 hours. The

prisoner must arrive by 19:00 hours.


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6.12 On the day of release on HDC prison staff must email (fax if email not available) a copy

of the licence to all the above parties and to Nacro before 12 noon. All copies of the

licence must be clearly annotated to show that the accommodation address is supplied

by Nacro.

6.13 If upon induction it becomes clear the accommodation is not suitable, Nacro will notify

the relevant Probation provider immediately and ask the Prison Governor for approval

before moving the prisoner to a new address. Nacro will also advise the EM supplier

if it is necessary to change the address. The Governor may approve the new address

if satisfied (following consultation with the NPS or CRC about the suitability of the

proposed address) that there is no information held that would indicate the proposed

address is unsuitable. The licence must be amended and emailed (or faxed if email

not available) to all relevant recipients without delay.

6.14 Those receiving medication should be released with sufficient medication for their

first few days of release.

Service Description including Recall arrangements for HDC offenders following

referral

6.15 The HDC support will consist of a minimum of 1 mandatory contact session a week.

The support worker provided by Nacro will help the Service User to observe the

conditions of their HDC licence, working closely with the relevant probation provider,

CRC or NPS, with agreed actions. Nacro can with their agreement help the Service

User address issues such as self-management, drug, alcohol or substance

dependency, and help access housing, education or employment, by engaging existing

specialist public and voluntary services as appropriate. Nacro will provide 2 support

sessions a week for the first two weeks, thereafter one session a week will be provided.

6.16 Those provided with accommodation will be given help by Nacro’s support officers to

move in and to maintain occupancy of the accommodation. They will also get help to

find move-on accommodation beyond the end of their HDC period. The Service User

will be allowed to remain at the accommodation for up to 7 days following completion

of the HDC period unless otherwise recalled or the service is terminated.

6.17 Nacro is required to establish good liaison with the police and with other key

stakeholders including probation providers and electronic monitoring suppliers. Nacro

has contractual obligations to notify these agencies (Police, Prisons, NPS, CRCs and

electronic monitoring providers) of significant issues. Failure to arrive at the

accommodation, or absconding, will be reported to the Responsible Officer (CRC or

NPS). Failure to attend 2 contact sessions within a 21-day period may lead to a

withdrawal of accommodation.

6.18 The BASS provider can withdraw the accommodation for persistent non-compliance

with the accommodation agreement, if the risk profile changes or due to another

significant event. The BASS provider will notify the Responsible Officer (CRC/NPS) in

advance of the decision to withdraw the accommodation, so that they can consider

alternative address options and/or whether to make a recommendation for recall.

Decisions on recall are for the Public Protection Casework Section (PPCS) in HMPPS

HQ


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6.19 Nacro will maintain records of cases including requests, referrals, orders and service

provided and will make reports available to HMPPS.

6.20 BASS staff will provide an induction session on arrival and ensure HDC service users

comply with the BASS Accommodation Agreement. BASS support staff will provide 2

support sessions a week for the first 2 weeks and one session per week thereafter.

BASS will continue to provide move-on support to settled suitable accommodation at

the end of the HDC Licence period. The obligation is that BASS staff will liaise closely

with relevant CRC staff to agree an approach of support and how to deal with any

issues or concerns relating to an individual as they arise.

6.21 Overall support and responsibility for the offender will continue to be provided by the

relevant Responsible Authority (CRC or NPS), but Nacro can provide support in line

with direction set by the Responsible Officer for the Service User.

6.22 The ‘support only’ service is no longer available through BASS for those who can

provide their own suitable accommodation as this service is now available through

CRCs.

6.23 Where a prisoner fails to arrive at the accommodation by 19:00 hours on the day of

release from prison and no reason has been provided, Nacro will contact the EM

supplier and the Responsible Officer (where the offender is subject to statutory

supervision), to report the failure to arrive. The Public Protection Casework Section in

HMPPS HQ will ultimately decide whether to authorise the recall of the offender

following a request to recall by the Responsible Officer (CRC or NPS) or a request for

breach action from EMS.

6.24 Where Nacro wishes to terminate the accommodation service to an individual they will

notify the Responsible Officer (CRC or NPS). The loss of suitable accommodation

should lead to recall from HDC unless alternative, suitable accommodation is found

immediately. Nacro may terminate the service if the service user breaks the terms of

the agreement, fails to sign the Accommodation agreement or indulges in

unacceptable behaviour towards other occupants of the premises, neighbours or

Nacro’s staff. However, Nacro will continue to provide accommodation until the

Responsible Officer receives a response from the Public Protection Casework Section.

6.25 Offenders may be recalled for reasons not necessarily related to BASS, in which case,

the Responsible Officer will notify the BASS Provider. The BASS Provider will in turn

notify the EMS Provider.

6.26 If a variation is made to the HDC licence of those on HDC in BASS accommodation,

the BASS Provider should automatically receive the latest copy of the HDC licence

from the Varying Authority.

6.27 In the event that the prisoner is placed in custody following a breach, is sentenced,

remanded in custody, absconds or abandons the accommodation Nacro shall:

Keep the prisoner’s property (other than the above) at the premises for a maximum

of 7 days.


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Within the 7 days, not unreasonably prevent or restrict the collection of the

prisoner’s property by their friends or family as nominated when the prisoner

initially moved in.

After the 7 days dispose of any of the prisoner’s property that has not been

collected in accordance with the terms set out in the Accommodation Agreement.

The prisoner will be allowed to remain at the accommodation for up to 7 days

following completion of the HDC period unless otherwise recalled or the service is

terminated.

7 Process for referring a HDC eligible prisoner from the Community (Alternative to

Recall)

7.1 If an Offender is subject to an existing HDC licence and loses their suitable

accommodation and as a consequence faces a Recall to custody, the individual may

be eligible for BASS providing they meet the core eligibility as set our at Section 1.

Referrals for this cohort are treated as emergencies and will be considered within 1

hour as set out at 4.6. Referrals should be made as set out in Section 6.

8 Additional Licence Cohort (ALC)

8.1 Offenders due to be released from custody without accommodation who fulfil the BASS

basic eligibility criteria set out in sections 1 and 2, may be eligible for BASS, subject to

availability. BASS prioritises the core cohort groups set out in section 1 but as and

when there is general availability Nacro may accept referrals from the Additional

Licence Cohort (ALC).

8.2 The referral process and acceptance criteria mirror the process set out in section 6, for

HDC referrals, with the exception of 8.3 below.

8.3 When making a referral, in section 3 of the referral form, the Other Supervised Licence

box should be ticked for this cohort, and not the HDC box.

Process for referring an offender subject to Standard Licence Conditions from

the Community

8.4 If an Offender subject to an existing standard licence and loses their suitable

accommodation and as a consequence faces a Recall to custody, the individual may

be eligible for BASS providing they meet the core eligibility as set out at Section 1.

Referrals for this cohort are treated as emergencies and will be considered within 1

hour as set out at paragraph 4.6. Referrals should be made as set out in Section 6 for

HDC referrals with the exception of 8.5 below.

8.5 The referral route is by probation providers only and prior to an actual decision to recall.

Referrals must be marked as requiring a decision within 1 hour, by ticking the YES box

in the “emergency referral to avoid recall” section on the referral form.

8.6 Referrals from this cohort must be offenders who have genuinely lost their suitable

accommodation and without this, their risk cannot be managed safely by the probation


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provider. It should be noted that NFA or No Fixed Abode in its own right does not

represent a loss of suitable accommodation for the purposes of BASS eligibility.

9 Process for referring an offender subject to Intensive Community Order with

residence requirement2

9.1 BASS is available for offenders who are subject to community orders under intensive

alternative to custody arrangements in those areas where a protocol is in place

between the CRC and the BASS provider (Manchester and Wales).

9.2 NPS and CRCs must ensure that NPS PSR authors and CRC staff are aware of this

facility in those areas where a protocol has been established and consider the use of

BASS for appropriate offenders. Where BASS is considered appropriate the NPS PSR

writer must contact Nacro’s BASS Central Referral Hub to arrange referral and, subject

to the court’s agreement, release to the service.

9.3 Where an IAC/ICO service is to be provided the CRC must establish with the BASS

provider a protocol around the eligibility of offenders and the processes for referral, for

communication and for the review of risk and suitability during the period of a

Residence Requirement. The CRC must maintain close contact with BASS support

staff during the period of any order and must inform the BASS provider of any

information which might affect the risk of serious harm posed by the offender.

9.4 Probation providers are responsible for providing support in securing any move on

accommodation required not the BASS Provider.

9.5 Referrer’s should follow the instructions as set out in Section 5 for Bail referrals.

10 Required actions for Prison Governors

10.1 Prison Governors must ensure that the following staff are made aware of this policy framework and that it supports existing deployment of Bail Information, Home Detention Curfew and Through-the-gate policies:

All staff in prisons involved in the delivery of bail information and/or referral to bail accommodation services

All staff involved in supporting video link courts in prisons

All staff involved in considering and processing applications for HDC

All staff involved in the discharge of prisoners from prisons

All staff involved in the provision of accommodation for prisoners on reception and on release

11 Required actions for the National Probation Service (NPS)

11.1 NPS Deputy Directors must ensure that the following staff are made aware of this policy framework:



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All staff in prisons and courts involved in the delivery of bail information and/or referral to bail accommodation services

All staff involved in considering and processing applications for HDC

All staff involved in the provision of accommodation for offenders and for prisoners on release

All staff involved in considering the use of community orders as intensive alternatives to custody or intensive community orders3

All staff managing offenders on ICO and HDC and for those defendants on bail who are also under statutory supervision.

All staff involved in considering and processing Recall

11.2 Practitioners must be made aware that the BASS provider’s responsibility for

accommodation and or support to an offender under NPS supervision ends after the

HDC Licence period, whilst the NPS responsibility continues to the end of the whole

licence term. The only exception being for the period of any extension into the licence

period authorised by the BASS contract management team.

12 Required actions for Community Rehabilitation Companies (CRCs)

12.1 CRCs must ensure that the following staff are made aware of and comply with this policy framework:

All staff involved in referral to bail accommodation services

All staff involved in processing applications for HDC

All staff involved in the provision of accommodation for offenders and for prisoners on release

All staff managing offenders on ICO and HDC and for those defendants on bail who are also under statutory supervision.

All staff involved in TTG (Through the Gate) teams

12.2 Practitioners must be made aware that the BASS provider’s responsibility for

accommodation and or support to an offender under NPS supervision ends after the

HDC Licence period, whilst the NPS responsibility continues to the end of the whole

licence term. The only exception being for the period of any extension into the licence

period authorised by the BASS contract management team.

13 Performance

13.1 The performance of the BASS contractor, Nacro, will be monitored throughout the

lifetime of the contract by the BASS Contract Management team. From July 2018

however, performance will be routinely available directly from “the hub” at

https://pmu.hub.uk.com/. This will allow for the transparent reporting of BASS referrals

by referral point to both prison and probation providers.

13.2 In addition to contractual requirements, the contractor will be measured in its

performance against the following performance indicators:

Provision of contracted bed space numbers


https://pmu.hub.uk.com/


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Bed space in service

Service Users with a successful residence

Timely reporting of incidents

Delivery of support sessions

Timely response to breach

Response to completed referrals timeliness

Move-on

14 Policy and Strategic Context

14.1 Contract Management

The BASS contract is formally managed centrally by HMPPS. Questions about the operation of the contract which cannot be resolved locally, should be referred to the HMPPS BASS Contract Management Team, [email protected] or the BASS Senior Contract Manager [email protected] Tel: 07976 633860.

14.2 Policy Queries

For HMPPS policy questions about BASS contact David Scott in the Community Interventions Directorate. [email protected] or the Authority Senior Contract Manager responsible for the BASS contract, [email protected] For policy queries on HDC contact Chris Potter, Policy Lead for HDC and ROTL.

Tel: 0203 334 3112 [email protected]

For policy questions on bail contact Neil Stone, HMPPS HQ:

[email protected]








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BRIEF DESCRIPTION OF NACRO SERVICE FOR COURTS, CPS AND DEFENCE

LAWYERS

The following briefing attached at Appendix A should be submitted to the Court, CPS and

Defence solicitor with the bail information report and the Nacro proposal.

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Appendix A BASS allows courts to make greater use of bail by providing accommodation in the community with support for adult defendants who could not otherwise be bailed. Nacro is the BASS contractor for HMPPS. BASS also provides for Home Detention Curfew, Intensive Community Order Residence Requirement and Additional License Conditions. BASS gives a high level of assurance to courts through high levels of service user engagement; properties are monitored regularly and service users are required to comply with mandatory support sessions and adhere to bail or court conditions. BASS also provides individualised support, including signposting to other services, which encourages reintegration into the community and reduces the likelihood of reoffending. The accommodation is provided for up to the period of bail, in dispersed fully-furnished houses. They are not hostels and do not have resident staff. The mix of residents is managed by Nacro and is single gender with typically three sharing. Residents have their own bedroom, share communal areas and pay for utilities and rent from their own funds or from housing benefit. Service users must agree to house rules including no overnight visitors and respect for other occupants and neighbours. Family accommodation can be made available to a single parent with dependent children in a property for their sole use. The support service is provided by a Support Officer who will meet the service user on arrival, induct into the property, conduct risk assessments and work with the service user to create an individual, strength-based Support Plan. There will be two support sessions per week in the first two weeks of residence, and one per week thereafter, or more if ordered by the court. Support will assist with keeping appointments including attendance at court, dealing with health or substance misuse, access to training or employment and finding move-on accommodation. BASS staff will liaise closely with Offender Managers and PSR writers in appropriate cases. Defendants can be referred at a first or subsequent court appearance up to 3pm on the day the service is required and must be able to arrive by 7pm. Eligibility for BASS excludes those convicted/charged with a sexual offence mentioned in Schedule 3 to the Sexual Offences Act 2003, those who pose a significant risk to the public, to BASS staff or to others in a shared house, those under 18 years of age or those unable to pay rent or claim housing benefit. Required BASS Bail Wording: ‘to live and sleep at the property and to comply with the conditions of BASS’. A copy of the Bail Order must be provided by the Court to Nacro on the day bail is granted. The ‘conditions of BASS’ are attendance at mandatory support sessions, payment of accommodation charge and compliance with the rules of behaviour in the house and towards staff, other residents and others. Enforcement procedures are applied by Support Officers for failure to arrive or reside, failure to attend mandatory support sessions or failure to comply with the Accommodation Agreement. Breaches of other bail conditions will also be reported to the police. Nacro is a national social justice charity with more than 50 years’ experience of changing lives, building stronger communities and reducing crime. As a social housing provider, Nacro

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is committed to high standards of housing and property management. We are an experienced prime contractor that provides accommodation and delivers housing and property management together with housing related support services for local and central government commissioners across England and Wales.

To find out more

To find out more about service please contact Nacro on:

Tel: 0207 902 5446

Email: [email protected]


bass stakeholder user guidance - gov.uk · 2 bass exclusions 2.1 bass does not accept sex...

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