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Kevin Curley, chief executive of NAVCA, has vowed to fight the prospect of the charity sector running prisons after the Charity Commission refused to rule out the possibility that it could be a charitable purpose.
Curley wrote to the Commission twice this year, asking for a review of whether charities could run prisons after the Ministry of Justice decided the third sector and private sector organisations could bid to run new prisons and existing failing prisons. Crime prevention charities Catch 22 and Turning Point were the first charities to win a prison bid this month.
The Commission replied to Curley (pictured) this week to say that running a prison could be in line with a charity’s aims.
Alice Holt, head of legal services at the Commission told Curley: “I believe a non-charitable organisation would be responsible for the operation of the prison and that the involvement of the charities would be concerned with those aspects of the work of the prison that relates to their charitable aims.
"This would be consistent with the work that many charities already undertake in prisons but has the advantage of involving charities in a more formalised way and at early planning stages.”
However, the Commission added that if it was asked to consider an application from an organisation to register a charitable prison, it would consider the case on its own merits.
In response Curley, who has started a Facebook campaign against charities running prisons, has promised to continue his fight.
He told the 80 members of his Facebook group: “A charitable prison. It beggars belief. I am going to fight this. I hope you are with me.”
Richard Garside, director of the Centre for Crime and Justice Studies, has also supported Curley, saying he was right to ask if there were limits to charitable provision.
“I am disappointed with the Charity Commission’s response,” he said. “It seems to not want to engage with the issue seriously. I recognise the Commission can’t make a quick adjudication. But it is regrettable it won’t take a more detailed look or a consultation.”
Garside also said he remained unconvinced by the defence of charities running prisons from Stephen Bubb, chief executive of Acevo.
“I am not convinced about the distinction Bubb makes between punishment and resettlement and rehabilitation," Garside said. "Everyone can agree that charities work in prisons so there is no problems getting in early. But on the development of new prisons - there is a big difference in delivering rehabilitative services in existing prisons and contributing to the development of new prisons."
He also warned that charities involved in these bids were often officially committed to campaigning and lobbying for a reduction in prison numbers and provisions, but would now be locked into contracts where there would be a financial and business interest in the expansion of prison regimes.
"As an organisation we have significant concerns about the development."
Meanwhile, crime prevention charity Nacro, who lost a bid to run a prison to Catch 22, has appointed the governor of Brixton prison as its new chief executive.
Paul McDowell will join the charity in October and work alongside current chief executive Paul Cavadino until he leaves in December.
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Carl Allen
29 Jul 2009
In any Working Together arrangement to operate a prison, it is not how responsibility is shared that shields one of the parties from overall legal responsibility, but how legal and moral liability is incurred in the worst of circumstances.
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