Probation

[Chrissy2488]

Hiya my partner is due to leave prison soon and probation and social services are putting him in a bail hostel for the last 3 months of his licence now we have never had a domestic but he has had a past history with dv what would happen if he did not go to the hostel and came home to me and the children? Are social and probation allowed to do this by law as far as I'm aware probation also want to put in place that he's not alowed to contact me why? Is all this legit/legal like I said before we have never had a domestic and have done everything social have asked us to do but probation have already made up there mind of him due to past history

[stevemLS]

Re: Probation

Hi and welcome

Are there any children involved?

Release on licence can carry with it such conditions as are considered necessary by the probation service and the home office. The licence remains in place for the unexpired/unserved part of the original sentence. The conditions can include, as here, conditions relating to residence.

If he fails to comply with the licence conditions the probability/near certainty is that he will be recalled to prison, quickly.

[Chrissy2488]

Re: Probation

Hiya yes there are children involved they are mine he is there step dad but he has all ways brought my youngest one up so you could class him has her dad can they put in place that he is not to contact me or the children? Also how can they stop him coming home? I don't understand how it can be legal

[stevemLS]

Re: Probation

Hi

As I already explained, when someone is sentenced to prison they get sentenced to a period of x months/years.

All things being equal they serve between 1/3 and 2/3 of that period inside.

For the remainder of the period they are on licence. The Home Office/Probation Service design a set of conditions on the licence which is, supposedly, aimed a further rehabilitation and prevention of reoffending. If you breach the conditions you get recalled to prison to serve anything up to the remainder of your original licence.

It is probably your children which has led to him not being permitted to return home although it could be another reason such as to try and help him stay off drugs or alcohol if either were a factor in his offending.

What was the original offence and prison sentence?

[Chrissy2488]

Re: Probation

I understand that but can they stop him coming home after his licence has ended? And yes there are children not biologically his though. Also can they put in place that he is not allowed to contact me whilst on probation?

- - - Updated - - -

The sentence was asult

[Kati]

Re: Probation

When violence is concerned, the probation service will make extra sure that he does not "breach" his parole until it is over ... after that, you need to be aware that Social Services might be made aware of him/your circumstances

[stevemLS]

Re: Probation

Who was the assault on?

From OP social services are already involved.

They will be looking at it from a child protection perspective.

He should not be subject to any controls after the licence period has ended. There may be measures in any child protection plan though which may result in care proceedings if it is not complied with.

[MissFM]

Re: Probation

Hi Chrissy ,

In case it helps, here is a link to the kind of conditions that can be imposed on prisoners released on licence, the first 6 applying to all:

https://www.justice.gov.uk/downloads...conditions.pdf

The probation guidelines say this:

To be lawful the condition has to be both necessary and proportionate. Necessary means that no other means of managing a particular risk is available or appropriate; and proportionate means that the restriction on the offender’s liberty is the minimum required to manage the risk.

Presumably your partner's situation has been assessed according to these guidelines.

I would recommend that he discusses the points you raise with his supervising officer whilst scrupulously complying with all his bail conditions. Maybe you would be allowed to contribute your views, or he could ask for guidance on how, if possible, to apply to alter the conditions.

Good luck x

[Chrissy2488]

Re: Probation

Yes social are involved and was before he went to prison due to his past history of violence and we was/are still working with then to prove he is trying to better his life for him and me and the children my children are very upset at the moment with him not coming home and would love him to be with us for Christmas but don't no if he is allowed to

[stevemLS]

Re: Probation

Unless you answer the questions that are put to you it is very difficult to try and help you.

[Chrissy2488]

Re: Probation

I'm not involved with child protection I'm with children in need it's different