Prisoners (Early Release) (Scotland) Bill: Fairer Scotland Duty impact assessment

2. Summary of evidence

This Fairer Scotland Duty Impact Assessment draws upon multiple evidence sources including research on the impacts of imprisonment on those who are imprisoned and their families, and data publications.

The link between poverty and custody

Evidence suggests that people who have experienced socio-economic disadvantage are over-represented in the prison population, with most of those entering prison having experienced socio-economic disadvantage. Scottish Prison Service statistics show that individuals from the 10% most deprived areas accounted for 31% of all arrivals to prison in 2022-2023^[2]. Individuals from the most affluent areas are under-represented. This relationship has been more or less static over the past decade.

A 2020 report found that poverty is a significant background factor to offending, with people who have experienced custody more likely than the general population to have experienced material deprivation, financial stress and debt, housing deprivation and severe poverty^[3].

The imprisonment of a family member can have a significant emotional and financial impact on families. Families Outside estimates that 27,000 children and young people per year experience a parent’s imprisonment^[4]. According to the most recent SPS survey, over half of parents in prison said their visitors have problems when visiting them, and in 57% of cases this was due to the costs involved^[5].

Research by Families Outside suggests that having a family member in prison ‘creates, sustains, and entrenches poverty for the families left behind’, with families spending on average £180 a month (a third of the disposable monthly family income) and a day and a half per week of their time supporting the person in custody^[6]. This research also suggests that these costs fall disproportionately on women, affecting their physical and mental health.

Housing

People who experience socio-economic disadvantage are more likely than the general population to experience housing instability, and to experience homelessness. Housing issues are frequently experienced by those entering and leaving prison custody and there is a known link between homelessness and offending behaviour.

The proportion of individuals arriving in prison who report having no fixed abode increased in the 10 year period from 2012-13 to 2022-23 from 2.9% to 9.1%^[7]. In a 2019 survey by SPS over half of prisoners surveyed (56%) said that they lost their tenancy/accommodation when they went to prison, and over a third (37%) said they did not know where they would be staying upon their release^[8].

Scottish Government research from 2016 found that housing issues for those who serve short-sentences were common, with most of those in the study having lost their accommodation whilst in prison. Where housing issues were not resolved prior to release, desistance from reoffending was less likely. In this study, most individuals said that they had committed offences directly or indirectly as a result of their housing circumstances, and many had done so to be returned to custody^[9].

In 2018 the Equality & Human Rights Commission reported that the number of Scottish prisoners who are released from custody without an address to go to was of particular concern^[10]. They found the lack of an address is not only an issue concerning shelter and personal safety, but also has implications for the individual’s ability to access appropriate healthcare services and social security payments.

The Sustainable Housing on Release for Everyone (SHORE) Standards were first published in 2017 and were refreshed in October 2024, with the aim that ‘everyone should have suitable accommodation to go to on the day they are released from custody with appropriate supports in place to enable them to sustain their accommodation’, in order to reduce homelessness and reoffending and support integration or reintegration into communities^[11]. All prisoners leaving prison custody should be offered support around housing on release with Housing Options Assessments carried out to identify need and to organise housing for release, to reduce the risk of rough sleeping. COSLA has highlighted existing gaps in current service levels when applying the SHORE standards at the point of leaving prison for example missed or delayed housing options discussions, failure to meet the targets for making a homeless application, and ensuring that support is in place ahead of liberation. Taking into account these existing gaps and the current demands on housing and homelessness services, COSLA has highlighted that bringing forward the point of release could lead to additional pressures on services that would hinder an individual’s journey back into the community through a single plan, which includes accessing accommodation and support. COSLA has highlighted that appropriate resourcing is required to ensure the SHORE standards can be adhered to.

There is an anticipated additional cost to local authorities relating to the assessment of housing needs and the provision of accommodation advice and support for those accepted for rehousing for the initial release of prisoners when the legislation commences. The Scottish Government intends to continue discussions with COSLA about the likely impact of the Bill in order to support effective implementation in due course.

It is important to note the challenges around access to permanent and sustainable housing. Scotland is currently experiencing a housing crisis, with twelve local authorities declaring housing emergencies as of 9 November 2024 and the Scottish Government declaring a national housing emergency in May 2024. There is a shortage of housing available across both the private rented sector and publicly rented homes. The impact of this means increased use of temporary accommodation, often B&Bs, to accommodate those on waiting lists for housing. Whilst all local authorities have a statutory duty to provide housing for those who are assessed as non-intentionally homeless, a shortage of sustainable permanent accommodation means temporary accommodation is often used for extended periods. This may impact those being released from short-term sentences where the person being released from custody can no longer return to the accommodation they lived in before they were imprisoned, or did not have a fixed residence prior to imprisonment, or is unable to return to a family home.

Employment

Periods in custody can have repercussions for employment in terms of job loss and gaining employment on release. This may have a significant impact on household earnings, especially in single-income households, or where the person who is imprisoned is the main breadwinner.

According to a 2019 SPS survey, 50% of those surveyed said they had a job before coming into prison, and a similar percentage (56%) said they had claimed benefits prior to their current sentence^[12].

In the same survey, 16% of prisoners surveyed said that they were of the opinion that unemployment was a factor which may have led to their offending and 54% of those surveyed had sought employment support services whilst in prison. There is a lack of data around how frequently those released from prison seek and gain employment. However it is recognised that people with convictions may face stigma associated with declaring a criminal record, or an unwillingness by some employers to provide those with criminal convictions with job opportunities^[13].

Scottish and local government work in partnership to deliver employability services through No One Left Behind, an all-age employability service working with partners at a local, regional and national level to deliver a person-centred service to individuals post liberation. The priority for those post liberation is predominately practical such as housing, benefits, family contact, regularity of probation appointments, medication and medical interventions (mental and physical health, addictions etc) prior to successful engagement with employability services.

Community justice partnerships and Local Employability Partnerships will ensure that they are effectively integrated and aligned to ensure individuals are able to access education and employability services. 3,972 people supported through No One Left Behind (6% of participants) reported a criminal conviction between April 2019 and June 2024.

It is not anticipated that bringing forward the point of release from the half-way point (50%) to following two-fifths (40%) of the sentence will have any significant impact on access to employment. Any impact is anticipated to be limited to bringing forward the point at which those who are able to seek and gain employment are able to do so.

Financial Repercussions

A high proportion of those who are imprisoned and their families come from the most deprived areas of the country and struggle with poverty before, during, and after imprisonment^[14]. According to an SPS survey, 15% of prisoners surveyed said financial difficulties were a factor that contributed to their offending behaviour.

There is often an impact on family members when someone in the household is in custody. Household income often decreases, benefit entitlement may change and housing can become unstable if the tenancy or housing benefit was linked to the person in prison.^[15] Families often spend a large proportion of their remaining disposable income visiting family members in prison and sending money to imprisoned family members.

Individuals leaving custody will likely have lost access to social security benefits and will be required to reapply. In addition, an application for benefits may also be required if someone has lost their employment through a period of time in custody. Generally speaking, claims for social security cannot be made until someone is released from custody. In addition, where benefits are paid in arrears, prisoners will have to wait until the point of payment to start receiving them, though it may be possible to secure an advance.

Access to support

The Criminal Justice Committee Report “Judged on Progress” (2022) found a key issue was the lack of support for people after their prison sentences, including putting in place the necessary support prior to release. It called for consideration to be given to improving support prior to release in terms of access to suitable housing, health care, and addiction support if required.^[16]

In April 2020, the Drugs Death Taskforce recommended that adequate throughcare provision be made available to prisoners on liberation, including access to a GP and a supply of appropriate medications on release^[17].

In response to a consultation on the Bail and Release from Custody Bill, the Howard League Scotland stated that “people leaving prison are in a vulnerable position and need to access local services (e.g. general practice, mental health, alcohol and drug treatment, community pharmacy and social care) quickly to make certain that they remain safe on release and do not revert to any offending behaviour. It is likely that they will need emergency access to funds and food for some time before benefits arrive^[18].” This was echoed in many other consultation responses, along with the need for support for housing, social work and employment.

Voluntary support to individuals on release from prison is currently provided by either third Public Sector Partnerships (PSPs) or local authorities. Individuals can access the third sector throughcare services 12 weeks before their earliest date of liberation. These services provide practical and emotional support to men and women leaving short-term prison sentences and to women leaving a period of remand. That includes support whilst the individual is in custody and up to six months post liberation.

The retrospective impact of the legislation will mean that some individuals receiving support from the third sector throughcare services will be released earlier than anticipated when they began engaging with the service and will be immediately eligible for release, having now reached their earliest date of liberation. That may mean that, during the initial release period, there is an increase in demand for throughcare support.

In April 2025, a new national third sector throughcare service will replace the current provision delivered by PSPs. Upon commencement, section 12 of the Bail and Release from Custody (Scotland) Act 2023 will bring in specific duties for named public bodies to engage with release planning when requested to do so and for these partners to have regard to the role that the third sector might play in the development, management and delivery of prisoner release plans. Under section 13 of that Act, Scottish Ministers will also be required to publish standards of throughcare support, and public bodies will have a duty to comply with these standards. All of this together will improve the support that is available on release from custody for short-term prisoners and ensure consistency.

It is recognised that there will be some impact on the transitional arrangements for the new national third sector voluntary throughcare service, as well as an impact of the provision of accommodation, for those who are released with an identified housing need. It is likely that some of the individuals being released will already have been engaged by the PSPs providing the current throughcare support and will be supported through the release process by these services. However, due to the transitional arrangements, these individuals’ cases will then require to be transferred over to the new service for this support to continue.

Members of the Community Justice Voluntary Sector Forum have raised concerns around the transition to a new throughcare service at the same time, or around the same time, as legislation is commenced, due to an increased pressure on services. Taking into account a likely increase in demand for throughcare support for those initially eligible for release when the legislation commences, and the timing of the transition of throughcare services, the Bill provides for the use of tranches for those initially eligible for earlier release. Whilst initial proposals were for two tranches to be used, this has increased following feedback from key stakeholders. Maintaining continuity of access to a wide range of support services is a key priority, in order to ensure that those being released are able to access support prior to and following release that may ease their reintegration and lessen the risk of reoffending, which would also have the greatest impact on the most deprived communities.

Scottish Government is working with the current providers and the new service to understand if any additional resource is required to support an initial increase in demand for support whilst throughcare services are transitioning, in order to ensure a smooth transition.