Open University, Higher Education and other Distance Learning Courses in Prison

Open University, Higher Education and other Distance Learning Courses in Prison Guidance on approved courses for offenders in England This guidance is included as an Annex to PSI 2010/33 on Open University, Higher Education and other Distance Learning courses available in prison. It was commissioned by BIS and has been approved by the Prison Service within the PSI. The guidance should be used by anyone who advises on distance learning, OU and HE applications or who signs off internal applications from the prisoner. Relevant users include education provider staff, Careers Information and Advice Services (CIAS) provider staff, the HOLS, psychology staff, offender supervisors or other staff involved in the processing of the HE forms process set out in PSI 2010/33. Heads of Security, or any member of prison security staff advising on course approval issues, should also have read this guidance. Revised edition January 2012 1

Open University, Higher Education and other Distance Learning Courses in Prison Guidance on approved courses for offenders in England Annex to PSI 2010/33 Background 1. This guidance works within the current policy context which gives priority to increasing employability, including potential self-employment, in order to reduce re-offending. However it should not be used to make judgements about the impact of particular courses on the employability/self-employability of offenders. 2. The guidance recognises that many distance learning (DL) courses and subjects enhance a prisoner s employability through developing soft skills, motivation and aspirations. 3. The guidance acknowledges that in some circumstances particular offence categories definitively rule out employment in particular fields; e.g. sex offenders and work with children. 4. The guidance does not list individual courses, both because the listing would be impossibly long there are approximately 180 courses in the Open University (OU) prospectus for prisoner students, and many hundreds of courses available from other distance learning providers and because it is impractical to check individual course content. 5. The guidance is not concerned with visual content of the course material, whether images or otherwise. 6. The guidance tool is not concerned with course accessibility or requirements, either regarding Internet access or otherwise, as this is dealt with by individual prisons using information supplied by external course providers. 7. The tool recognises that external course developers or providers (e.g. OU, NEC) cannot and should not be expected to shape or alter the content of courses to take account of possible prisoner students. They may develop alternative ways of studying the course or completing required learning tasks to take account of prison restrictions, but they should develop the learning content as they would for any learner. 1 Using this Guidance 1.1 The guidance should be used by anyone who signs off the internal application from the prisoner; relevant users include education provider staff, Careers Information and Advice Services (CIAS) provider staff, the HOLS, psychology staff, offender supervisors or other staff involved in the processing of the HE forms process set out in PSI 2010/33. 1.2 The threshold for course approval should be no higher than exists in on-site learning provision. Broadly speaking, if a subject area is suitable for study in prison, it is also suitable for distance learning. 1.3 The guidance has the same status as PSI 2010/33. 1.4 The matrix in the final page of this guidance makes suggestions about which subjects need consideration in relation to certain offence categories. However, it is not an exhaustive list of either subjects or offences, and is intended to be only a guide to assist managers in starting their deliberations. All applications must be considered on an individual basis, taking into account all relevant factors. 2. Principles 2.1 This guidance has the same purpose as PSI 2010/33 to ensure that prisoners for whom OU or other DL study is appropriate as an important contribution towards their resettlement and reduction of re-offending are able to access and progress through suitable courses. As an appendix to the PSI, it should be used in conjunction with the processes and requirements set out in the PSI. 2

2.2 Ensuring access to OU, other HE and DL in prison involves partnership between the CIAS provider, the learning provider, the prison and external course providers and their student support services, including OU regional advisers. 2.3 The suitability of particular subject areas, courses and levels for particular prisoners should be considered on a case by case basis, using the matrix on the last page as a guide. There are some subject areas which when linked to particular offence categories will almost always be unacceptable and there are other subject/offence connections which need added assessment or consideration. The matrix is intended to spark consideration of appropriateness; it is not right to rule out a particular course for a particular prisoner because the matrix says so. Similarly, the matrix not ruling out a particular combination of course and offending history should not lead to automatic approval. Individual consideration is the key. 2.4 This guidance is intended to assist local assessment and decision-making. It should be used alongside the criteria already set out in the PSI para 2.2. It is therefore relevant to prison psychology staff, offender supervisors and others who may be involved in assessing whether particular offenders can take particular courses. 2.5 The responsibility for security related aspects of decisions regarding course suitability for particular prisoners belongs to HMPS. External advisers, such as OU staff, advise in relation to course content and requirements but not suitability in relation to the offence and risk factors. 2.6 OU, other HE and DL courses are not to be taken as a means to address offending behaviour. Any requests with this primary purpose should be passed to the Offender Management Unit to allow appropriate referral to a suitable offending behaviour course (OBP). 3. Criteria for Assessment In assessing course suitability for particular prisoners, the following criteria should be applied: 3.1 Does the course subject matter connect with the prisoner s current or past offending behaviour in a way that raises questions about suitability? 3.2 Does it risk encouraging further criminal activity by developing or putting in place inappropriate skills or knowledge related to current or previous offending behaviour? 3.3 Does the level or focus of the course open up areas of knowledge or require activities, such as research, which may be inappropriate for particular prisoners? 3.4 Is it defensible in public if necessary for this particular prisoner to take this course? (see PSI 50/2008: Acceptable Activities in Prisons). 3.5 Will the course and subject matter enhance employability and/or rehabilitation through personal and social development? 3.6 Is the course content focussed on an employment area from which the particular prisoner is definitively and permanently barred from working? 4. Guidance Notes for Suitability Matrix (see final page): 4.1 The matrix sets out indicative offence categories and subject categories. It is not an automatic decision-making tool. It is to be used as a broad guide for analysis of potential risks and assessment of suitability based on the nature of a prisoner's current and past offending behaviour. The user will need to seek further information on a prisoner's current and past offending behaviour from the Offender Management Unit/OASys or MAPPA as appropriate to ensure correct assessment for suitability of a course. Input from other departments such as CARATs, Psychology and Security may also be required. 3

4.2 There are two main categories of risk identified on the matrix; LINED (BEWARE) and SHADED (THINK). However, it should not be assumed that these mark definitive answers under some circumstances, a connection that is LINED may still be allowed. Those connections which are BLANK do not pose an obvious risk but may not be suitable for some offenders: it should never be assumed that there is no potential risk of unsuitability for any prisoner for any course. 4.3 Only those subject areas and offences which have been considered likely to pose a risk have been included. This does not presume that those not listed will not pose a risk and no such assumption should be made when considering an application. 4.4 In some subject areas, courses at lower levels (e.g. NQF Level 3, or OU Openings or Level 1 courses) may be suitable but higher level courses may need more consideration. For example, introductory study of psychology may be unproblematic; but advanced study may be unsuitable for some offence categories. For OU courses, it is always advisable to check the relevant Course Information Sheet provided by OU Student Registration Services or to check course information on the OU website. CIAS service providers need to have regard for the desired or expected progression route when discussing particular courses, and avoid raising expectations that may be unrealistic for the proposed study route. 4.5 Research based elements within advanced level courses may need consideration. Some OU level 3 courses, for example, in areas such as criminology or psychology may require research or have End of Course Assessments in which the proposed focus should be considered in advance to ensure approval can be given. 4.6 Any course that includes a dissertation should have additional scrutiny in relation to the focus of the dissertation and the means by which any research required is to be carried out. See also para 6.1 in the PSI. 4.7 There is a wide range of subjects which are likely to be unproblematic for all prisoners; examples include many humanities subjects such as English, history, sociology and religious studies. However, although some broad subject areas look unproblematic, there may be individual courses which may be unsuitable for particular offence categories. 4.8 Specific Categories The categories are not mutually exclusive and care should be taken to use the column which poses the most serious risk. Column 1: Sex Offences Sex offences include those against adults, children and animals, and it will be the specific nature of that offending which will best inform suitability for specific courses. For a sex offence against a child/children, you should use Column 3 (Offence against child) as a guide. Some subjects/courses will be specifically excluded because they relate to inappropriate employment channels. Others may be excluded because the content is not acceptable. If in doubt about definitions, please seek advice from Offender Management; for example, prostitution is not a sex offence but procuring prostitution and living off immoral earnings are. Column 2: Violence This is a general violence category and includes murder, kidnap and assault. Courses focussed on health and social care may need particular consideration. If the violence is of a sexual nature then Column 1 (Sex Offence) should be used. If the violence is against a child then Column 3 (Offence against child) should be used. If the offence is domestic violence, thought may be needed about alternative therapies such as hypnotherapy. 4

Kidnap offences should also be considered, especially if offenders apply for courses focused on children or young people. Psychology, counselling and related areas such as neuro-linguistic programming also need consideration. Column 3: Offences against children Courses focussed on children or young people should be excluded other than in exceptional circumstances. As above, courses in psychology or psychology related subjects would need expert assessment; e.g. neuro-linguistic programming, counselling and related subjects. As with sex offences, some subject categories will be excluded as they lead to employment channels from which ex-offenders would be barred such as refereeing and others may be excluded because of the content or the skills being developed, such as Advanced ICT and alternative therapies. Study of Spanish may need assessment in this offence category. Column 4: Offences involving chemicals Science and engineering courses and some environment courses which involve food chains for example, would need careful consideration. Alternative therapies such as herbal medicine would be also unacceptable if the offence is poisoning. Column 5: Smuggling/Trafficking Care is needed in relation to courses in navigation, geography and logistics. Consideration may also be needed for some language courses such as Spanish and for vocational courses in subjects such as airline ticketing. It will be important to check the offending history in regard to languages and travel. Column 6: Terrorism offences Town planning and other courses that could assist with technical knowledge of the built environment should be excluded. Studies related to the language or culture of the terrorism target may need particular consideration. Column 7: Fraud/Financial/Legal/International Courses focussed on accountancy would normally be excluded, although book-keeping could be appropriate if the offender has a post-release plan that involves setting up in selfemployment. Advanced IT courses may also be a problem. Column 8: Computer/Internet related This column refers to computer/internet related offences which do not fit in any other column. For example sex offences using the internet are covered in Column 1 and offences involving children are covered in Column 3. Whilst almost all offenders are encouraged to develop IT skills in OLASS provided courses, advanced courses such as web design may need extra assessment. Care may also be needed over courses related to international development and e-business. Column 9: Drug or alcohol misuse This column is related to drug or alcohol misuse. More serious drug-dealing offences should probably use Column 5 (Trafficking). Courses in hydroponics should not be allowed for drugs offenders. Many prisoners who have been drug addicts wish to do counselling courses with a view to working in the drugs rehabilitation or crime diversion field; this is usually acceptable. However, please note that courses should not be taken as a means to address offending behaviour; such requests should be referred to Offender Managers for suitable Offending Behaviour Programmes. Column 10: Counterfeit and Forgery Graphics, calligraphy and photography may be inappropriate for some of these offences. Financial and e-business may also need careful consideration. 5

Column 11: Religion/Racial Some specific religious studies and languages may be an issue eg for hate crimes. Some sex offence, domestic violence or offence against child may have been justified through a cultural or religious code. Column 12: Psychological offences Psychology and counselling courses (for example, those that provide greater insight into human behaviour, or provide skills in developing relationships with others) would probably be excluded. There are also some subjects which will usually always need to be considered with care. Examples include forensic science and ethical computer hacking. Every application is different and must be dealt with on an individual basis. 5 Guidance about Protocols: who checks what with whom. 5.1 Issues relating to the suitability of a course for a particular prisoner should be considered as early as possible in the process of assessment for OU or other DL study. 5.2 The subject/offence related suitability may be discussed in initial CIAS interviews, using this tool. If there is an indication that the prisoner may not be allowed to undertake a particular course, he/she should be advised to consider a different subject. Unless it is a very clear no at that stage, the prisoner may wish to continue the application for a full consideration. 5.3 If the offender wishes to appeal against a decision, this should be considered through the normal prison complaints procedure. If the prisoner wishes to make a specific case, the issue should be raised with relevant staff and considered through the HE forms process. 5.4 If the subject/offence connection has not been considered within CIAS interviews, the HE forms process may be used to gather information or advice from other relevant prison staff on the proposed course subject in relation to the offence category. 5.5 The HOLS/Governor s appointed representative should indicate on Form HE2A when a particular subject/offence category or connection needs additional assessment from colleagues. 5.6 If the feedback provided through the HE forms process indicates serious doubts about the course/subject suitability for a particular prisoner, the HOLS/Governor s appointed representative should decide whether the application may still progress and whether specific Governing Governor s approval is needed. 5. 7 Roles and responsibilities in relation to course/subject approval NB There are other roles and responsibilities related to OU, HE and DL set out in the PSI. Head of Learning and Skills Education or CIAS staff Sign off application (or delegate to named member of staff) when approval has been given. Ensure guidance is covered in induction of relevant staff. Ensure course content has been reviewed if necessary; using OU course information sheets or other provider information; ensure that course IT and other requirements 6

Head of Security or other security staff member can be met by prison. Ensure guidance is covered in induction of relevant staff. Check index offence; check whether any security concerns; check OASys if needed. Ensure guidance is covered in induction of relevant staff. 6. Practical methods for using the Guidance A review of the Guidance undertaken in 2011 indicated two different models for using the guidance in conjunction with the HE forms process set out in the PSI, and one crucial success factor. The success factor is the importance of ensuring that senior staff/the SMT in the prison are aware of the requirements of the PSI and of this guidance, and have made a commitment to ensuring the process works efficiently. This must include the HOLS, the Head of Security and the Head of Regimes or equivalent. If senior staff are aware and committed, it is then possible to ensure that the process works and that expectations are clear and recognised. Model One: Paper Circulation In this model, all the internal partners concerned should have copies of the guidance and offender applications are circulated in paper form around each of the departments or staff concerned or relevant. Approval from the offender manager and/or a member of security staff in particular should include consideration of the issues raised in this guidance. The disadvantage of this model is that it can take some weeks or even months to achieve circulation and completion of the paper forms. Model Two: Panel A more successful model operating in some prisons is based on a regular brief meeting involving no more than 4-5 key people, with relevant applications and forms. This would usually require a member of education staff, a member of security staff, and a psychologist. Other staff such as a CIAS adviser or a chaplain if relevant can be invited to join the panel on an ad hoc basis to consider particular applications. This method ensures applications are processed swiftly and efficiently and that paperwork is completed and collated. It also enables discussion of any sensitive issues, ensuring more effective oversight. 7

Matrix of Suitability: Indicative Offence/Subject Category Must be used with Guidance Notes above and ONLY as a broad guide EACH CASE IS INDIVIDUAL EDUCATION OFFENCE Sexual Violence Offence Against Child Chemical eg. Poison, Arson Smuggling/ Trafficking Terrorism Fraud/ Financial/ /Legal/ International Computer/ Internet related (not sex/child) Drug or Alcohol Misuse Counterfeit/ Forgery Religion/ Racial Psychological eg kidnap, blackmail Social Science Health & Social Care Arts & Humanities Business, Management& Security Education Psychology Child psychology Criminology International developments Politics & Economics Child health/care Working with children Social work/care Alternative therapies (incl hypnotism) Counselling (incl drug & solvent abuse) Geography & town planning Specific religious/cultural studies eg Islamic Art & graphics eg calligraphy Languages eg Spanish Media Accounting & book-keeping Marketing & e-business Financial Services Teaching, Mentoring Environment eg watersupply, food chains Vocational Science, Maths, Computing & Technology Property sales & management Photography Horticulture eg hydroponics Sport & fitness Navigation Advanced science eg OU's SD226 Engineering Advanced ICT eg Programming, Web design KEY BEWARE - PROBABLY AN ISSUE WITH THIS - SEE GUIDANCE NOTES THINK - SOME CASES MAY WARRANT CAREFUL CONSIDERATION - SEE GUIDANCE NOTES NO OBVIOUS PROBLEM - SEE GUIDANCE NOTES 8