The Governments SDS40 measures, aiming to tackle the overcrowding crisis in our prisons, came into effect on the 10th of September 2024, this was for those serving sentences of five years or less, a later date, the 22nd of October, is for those having served sentences of five years or more. Those eligible therefore, will be released after they have completed 40% of their sentence, rather than the standard 50%. There are some exemptions to this, namely with offences related to sexual violence and certain domestic abuse offences. While this seems to be a necessary measure, various organisations have expressed concern over the implications of the policy, including the effects of women, homelessness and drug addiction. It was just recently reported on the Guardian that ‘Some crime victims ‘unaware’ of offenders’ early prison release in England and Wales’ with Whitehall confirming that a ‘sizeable minority’ of victims had not been warned’.[1]More worrying, is that allegedly a man ‘sexually assaulted a woman on the same day he was released from prison’. [2]It is therefore important that we continue to consider the potential impacts on community safety, and that we continue an open dialogue with all involved to best decide how to move forward.
Accommodation is a huge problem in the SDS40 highlights some existing challenge that those leaving prison face including, as highlighted from Clinks: Poor resettlement planning, a lack of effective partnership working, ineffective application of Homelessness Reduction Act, Insufficient provision of housing options, significant barriers to accessing the private rented sector (PRS). We know that homelessness and a huge downturn in access to basic material conditions, are contributing factors to reoffending and threats to community safety. It is therefore important that we highlight what can be done with existing schemes and proposed schemes. As highlighted from Homeless Link, there are schemes, that were launched in July 2021, that support people in accommodation following a release from prison, these include Accommodation for Ex-Offenders (AFEO) and Community Accommodation Service Tier 3 (CAS3).[3] AFEO gives ex-offenders class as ‘vulnerable’ by central government, stable accommodation, using a partnership between prisons, local authorities and probation staff and charities. CAS3 is focused on temporary accommodation with floating and move-on support for prison leavers for up to 84 nights, who would otherwise be homeless, subject to Probation supervision, not intended to replace LA statutory homelessness duties, but to provide additional services.
These schemes can be effectively utilised; however, it is expedient to note that access to accommodation is not created equal, and according to Women in Prison (WIP) half of women left prison without settled accommodation in 2022-2023. The problems faced by women being released is the lack of safe, secure and appropriate accommodation, this is why WIP supports the recommendations made by the Reducing Reoffending Third Sector Advisory group (RR3), which includes provision of women-only temporary accommodation.
Policy: The Homelessness Reduction Act
There is also a noted, according to Clinks, ineffective application of the Homeless Reduction Act. Further highlighting that there should be an ‘objective application of existing homelessness legislation’.[4]
Historically, homeless people in England have only been able to get help if their local council though they were a ‘priority’. This correlated to families with children and as a result, many without children have been turned away, and forced to sleep rough. The Homeless ness Reduction Act means that all homeless people will be able to get help from their council, councils must try to prevent people becoming homeless in the first places and that families with children will still be housed by councils if that’s the best way to help them. [5]One of the aims is to intervene rapidly if a homelessness crisis occurs. It clarifies if someone is in ‘priority need’ to, in theory, provide housing to those most at risk of homelessness, along with getting support in the form of a Personal Housing Plan (PHP). There is also a stated ‘duty to refer’ whereby a ‘specified public authority’ must refer a at risk person to a relevant local housing authority. It is therefore expedient that we continue to seek who is in priority need, and why to best act according to the legislation, and to best avoid crisis.
Of course, this comes at a time where spiralling housing costs, insecurity in the private rented sector and homelessness services have led to an increase in rough sleeping, with local authorities pushed by budget constraints.
The Homelessness Reduction Act is a useful piece of legislation and is helpful in preventing the worst effects of rough sleeping, which we know is key to avoid further incidents and threats to community safety. St Mungo’s proposal, to include a ‘Somewhere Safe to Stay’ legal duty to protect people at immediate risk of sleeping rough, whereby councils would have a duty to provide a safe place to stay, so no would have to sleep rough after seeking help from their council.[6] This prevents the worst effects of the streets and can help facilitate a more long-term housing plan.
Conclusion
There are significant challenges with safeguarding communities and individuals from the release, and that the existing legislation is useful, but is not being implement effectively. This aims to act as an open dialogue in order to best mitigate the consequences of SDS40, some suggested steps could be: multi-agency wellbeing hubs in the community, more objective application of existing homelessness legislation and improved resettlement planning – via mandated multi-agency resettlement support panels in all resettlement prisons.
[1] https://www.theguardian.com/society/article/2024/sep/09/victims-unaware-offenders-early-prison-release-sds40-england-wales
[2] https://www.independent.co.uk/news/uk/crime/prisoner-early-release-scheme-amari-ward-assault-b2612921.html
[4] https://www.clinks.org/community/blog-posts/election-manifestos-homelessness-housing-and-supporting-people-leaving-prison
[5] Homelessness legislation | Crisis UK
[6] https://www.mungos.org/is-the-homelessness-reduction-act-doing-enough-to-prevent-rough-sleeping/
