Finding the Eye of the Octopus: the Limits of Regulating Outsourced Offender Probation in England and Wales

Corcoran

doi:10.4000/rfcb.7888

Finding the Eye of the Octopus: the Limits of Regulating Outsourced Offender Probation in England and Wales

Corcoran

Authors

Mary Corcoran m.corcoran@keele.ac.uk

Abstract

This article discusses the constraints on, and conflicts over, the oversight and regulation of mixed public-private entities, using the part-privatisation of the probation service in England and Wales – a policy called Transforming Rehabilitation (TR) – as its case study. The article shows how TR embodied a policy and set of practices that effectively undermined both institutional and political forms of scrutiny. Actions informed by neoliberal political dogma effectively strained regulatory systems, and short circuited the most important dimension of accountability in a liberal democracy – accountability of ministers to parliament. Ironically, although TR was subject to extensive regulatory scrutiny, the article concludes that these mechanisms were controverted by ministerial disregard for rules, procedures or the advice of civil servants, demonstrating that regulatory structures struggle to trump willfully pursued but ill-advised policy.

Acceptance Date	Jan 5, 2021
Publication Date	Jan 5, 2021
Journal	Revue française de civilisation britannique
Print ISSN	0248-9015
DOI	https://doi.org/10.4000/rfcb.7888
Keywords	marketisation, probation, neoliberalism, political accountability, executive power
Publisher URL	https://journals.openedition.org/rfcb/7888