New analysis of government figures reveals that, for the first time on record, more than 100,000 children in England and Wales have a parent in prison. The official Ministry of Justice estimate indicates that, on average, each male prisoner has 1.14 children, resulting in an estimated 100,084 children affected. Varying estimates for the total number of children affected by parental imprisonment in the UK within a year range up to 312,000.
While many children with incarcerated parents go on to lead positive lives, research consistently shows a heightened risk of future challenges such as mental health issues, homelessness, poverty, and involvement in criminal activities.
The charity Prison Advice and Care Trust urges the government to address this issue by:
- Utilizing Community Sentences: Encouraging the use of community sentences for individuals convicted of non-violent offences. Currently, three in five individuals sentenced to prison have committed non-violent crimes.
- Reassessing Prison Expansion Plans: Considering a reevaluation of the prison-building programme to create an additional 20,000 prison places. England and Wales already have the highest imprisonment rates in Western Europe, with the number of incarcerated individuals expected to exceed 100,000 by the mid-2020s.
- Establishing a Ministerial Position: Creating a new ministerial role responsible for developing a comprehensive action plan to support children affected by parental imprisonment. This role would span across Education, Justice, Health, and Policing.
CEO Andy Keen Downs commented on the situation, stating, “This is a grim milestone that says a lot about our approach to criminal justice in this country. By imprisoning record numbers of parents we are storing up a whole raft of problems, the impact of which will be felt for decades to come. Children are extraordinarily resilient, and with the right support, many children with a parent in prison can lead great lives. However, it is a sad fact that they are more likely to suffer from a whole range of problems later in life including mental health problems, homelessness and poverty, as well as being more likely to get involved in crime. The public believe that prison is the right place for many people who offend. However, it’s time for the Government to reconsider its prison expansion programme and to make better use of community sentences for people who have committed a non-violent offence. In a rush to get ‘tough on crime’ and imprison ever greater numbers of people, ministers seem to have given little consideration to the long-lasting damage this policy will wreak on children and families.”
Addressing the Legal Perspective:
In the legal realm, there is a body of case law requiring courts to consider dependent children before imposing custodial sentences. Advocates, trained in these matters, ensure thorough submissions are made to the sentencing court.
The Committee on the Rights of the Child emphasizes that the best interests of children with imprisoned parents should be carefully considered by competent professionals in all decisions related to detention and sentencing.
Referencing the crucial case of Petherick [2012] EWCA Crim 2214, the Court of Appeal outlined nine principles for considering imprisonment of a child’s caregiver. Advocates ensure that these factors are carefully weighed before any sentencing decision.
For individuals facing investigation or prosecution for criminal offences, seeking legal advice promptly is crucial to securing the most favourable outcome for both themselves and their families.