Subcontracting: The legal implications
for the voluntary sector
Ellie Cumbo
Policy Manager, Clinks
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Coalition Agreement (2010):
“We will introduce a “rehabilitation
revolution” that will pay independent
providers to reduce reoffending, paid for by
the savings this new approach will generate
within the criminal justice system.”
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Management of low and medium risk adult
offenders to be opened out to competition
High risk offenders to be managed by new
National Probation Service
Significant changes in the role of prisons
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A new approach to offenders completing custodial
sentences of under 12 months
Cost to be met by efficiencies; later by reduced
reoffending
Roll-out of Payment by Results (PbR)
 TR:
A Strategy for Reform
 The
Target Operating Model
(TOM) 2
 Clinks
briefings
(www.clinks.org/criminal-
justice/transforming-rehabilitation)
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21 contracts for the provision of services for
low- to medium-risk offenders across
England and Wales will be awarded to new
providers.
These will correspond to 21 Contract Package
Areas (CPAs); in some cases there are as
many as four police force areas per CPA.
The winning bidders for the new contracts are
Tier 1 providers; their subcontractors are
referred to as Tier 2 and Tier 3.
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“Embedded” in contract documentation.
Appropriate management of risk in the
supply chain
Alignment of ethos in the supply chain
Visibility across the supply chain
Reward and recognition of good performance
Application of the principles of the Compact
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Standard document for subcontracting
Is likely to reflect the Tier 1 Service
Agreement
Aims to make issues transparent
Currently in draft form
A framework/starting point for negotiation
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