1. Memorandum submitted by
Action for Prisoners' Families
Action for Prisoners' Families (APF) is the
national organisation acting as the voice of prisoners' families
and promoting the just treatment of prisoners' families across
England and Wales. We work to improve the conditions for families
visiting their relatives in prison and to champion their cause
with family organisations in the community. We are a membership
body and as such, represent the collective views of around 100
organisations working directly with the children and families
of prisoners.
(i) THE PUNISHMENT
OF OFFENDERS
Although one of the purposes of sentencing offenders
to prison is to punish the offender it has the unavoidable consequence
of punishing their family too. When someone is sent to prison
their family is plunged into a new, often unwelcome, way of life.
Crucially, the government has acknowledged the impact imprisonment
has on families and the role they can play in resettlement and
reducing re-offending, through Reducing Re-offending by Ex-prisoners
(2002) the Social Exclusion Unit's report and the Reducing
Re-offending National Action Plan (2004). This sets out seven
pathways for reducing re-offending, of which Children and Families
is one.
Key facts for children with a prisoner in the
family
1. An estimated 7% of the school population
in England and Wales (approximately 600,000) will experience the
imprisonment of their parent during the time in school. Yet data
on the number of children affected is not collected and no specific
services exist for these children and young people.
2. For some of these children, having a
prisoner in the family may almost be considered as normal within
the community. For others it will be an experience outside the
norm. Yet all of them face issues of trust, stigma and possible
isolation.
3. Children with a prisoner in the family
may experience some of the following:[2]
— Becoming withdrawn or secretive.
— Displaying anger or defiance (especially
against authority figures).
— Attention-seeking or self-destructive
behaviour.
— Increased low self-esteem.
— Poor educational performance.
— Significant mental health problems.[3]
— Disruption to their living arrangements
(especially in the case of children of women prisoners). It is
estimated that the living arrangements of at least 8,000 children
each year are disrupted by the imprisonment of their mother.
4. Prison sentences have a detrimental effect
on family relationships. 45% of offenders lost contact with their
families while serving a sentence, and 22% of married prisoners
divorce or separate as a result of their imprisonment. This in
part is explained by the distance that many are kept from home—almost
one quarter of families face a five hour round trip to visit.[4]
5. The risk of family breakdown does not
end with the sentence. When an offender is released from prison,
adapting back to family life can be highly problematic. Families
adjust to coping without the imprisoned family members, and prisoners
can become sufficiently institutionalised to find most aspects
of life, but especially family life, difficult on release.
6. Parental offending is usually cited as
risk in itself. However, this will almost invariably be compounded
by the other social exclusion problems, such as alcoholism, mental
disorder, and social deprivation, that offending parents exhibit.
Also figuring prominently as a risk to children are traumatic
life events, one of which is the sudden loss (or imprisonment)
of a parent. In offending parents, therefore, there is an almost
uniquely high coincidence of risk factors.
7. The imprisonment of a parent leads usually
to significant deterioration in the circumstances of a family.
Sources of income and accommodation can be lost, and changes in
circumstances can radically alter benefit entitlements. Going
into prison is considered a change that can immediately remove
the right to the majority of state support. If the prisoner is
the named benefit receiver, their prison sentence will alter the
entitlement of the family. For example, the amount of Income Support
can fall dramatically or can stop altogether—leaving the
family to fall below the poverty line.
(ii) SENTENCING
It is questionable whether sentencing is in
fact a deterrent and acts to prevent individuals committing crime.
Offenders are thinking about many other things such as their need
for drugs or alcohol, paying a debt, the expectations of their
peers or gang, or are caught up in the excitement of offending
when they commit crime. They are not thinking about the consequences
for their families of their offending or any possible sentence
they might receive at some future date, much more imminent is
whether they will be caught.
— The principle of prison being used
as a last resort must be more rigorously applied by the courts,
especially where the defendant is a primary carer. Thus greater
use should be made of pre-sentence reports.
— The impact on children is particularly
acute when a mother is imprisoned, as they usually act as the
main carer. 34% of women in prison are lone parents, and 12% of
women prisoners' children are in care or with foster parents or
adopted.[5]
In each year, the living arrangements of around 11,000 children
are disrupted by the imprisonment of a mother, with only 5% remaining
in their own home during the sentence. This can require children
to adapt to care by other relatives including grandparents and
in some cases, older siblings. This places enormous responsibility
and pressure on them in addition to coping with the trauma of
having a parent in prison.[6]
"She musn't think we don't
love her . . . if we don't keep in touch she will think we don't
love her and she will harm herself again" (Sisters, 13
& 15)
(iii) IMPRISONMENT
Virtually all prisoners will be released from
prison. Thus if the families of offenders are to be seen as the
important resource they are in preventing re-offending and therefore
protecting the public, the relationship between the prisoner and
their family must be preserved and nurtured throughout the duration
of a prison sentence. Any consideration of the prisoner's resettlement
needs must be seen in the context of their family situation. Where
they are in a stable relationship, or a parent, every effort must
be made to engage with the family right through their time in
custody from induction through to release.
— Crucially the Prison Service must
inquire into the prisoner's family circumstance and record data
on all children of prisoners during the induction process. Once
recorded, this information must be used by the Prison Service
in relation to prisoner allocation, sentence planning and resettlement
work. This data needs to include siblings under 18 who are also
severely affected by the imprisonment of a family member.
— The data is essential if children
of prisoners are to be able to maintain a meaningful relationship
with their imprisoned parent during their time in custody. Without
it, it is impossible for the Prison Service to support the prisoner's
relationship with his/her family and reduce the current high level
of family breakdown. Doing so, would increase the chances of prisoners'
returning to their children and partner on release and minimise
the harm to children.
— At present distance from home, poor
information and the negative experience of visiting all compound
against families being able to cope with the period of imprisonment
and maintain their relationship.
— Over the past five years there has
been a significant drop in the number of visitors to prison. Aside
from the problems with the distances families have to travel to
get to the prison, a major reason for this is the unsatisfactory
environment on visits. The experience for children can be particularly
negative.
"It makes you feel horrible,
like you have done something too. They watch you and make you
feel guilty just for being there. They search you and make you
take your shoes off and you feel stupid and horrible. You don't
get used to it" (14 year old girl)
"We are all keeping our emotions
tight... when me and mum leave we are always tearful, but put
on a brave face for dad. I don't think any of us want to see dad
break down, we are all holding on to our emotions" (18
year old girl)
(iv) RESETTLEMENT
AND POST-RELEASE
SUPPORT
— Families should be involved in discussions
with the prison at all stages of the sentence from induction to
release so they can understand and support the work being undertaken
by the prisoner and be better prepared for release. In particular
opportunities for the prisoner and their partner to come together
to discuss their relationship and other issues prior to release
should be routinely offered.
"Coming home won't be too good.
Prison does a lot to your brain, because it's hard. It's hard
for the family to re-adjust... Mum needs support, because the
family has grown different. Mum still thinks I'm 13"
(16 year old girl)
— Opportunities should be developed
for child/parent visits to take place outside the prison in a
supportive environment such as Contact Centres or Women's Centres.
These should be operated along the lines of Town Visits.
— There needs to be a return to a more
flexible and family-centred use of Release on Temporary Licence
(ROTL) for example to enable a prisoner to be re-united with their
children in advance of release.
— The Probation Service needs to engage
with the family unit supporting a prisoner in preparation for
release. Currently they have no statutory remit to work with families
of offenders and although historically they undertook a considerable
amount of family support work, this is no longer the case.
"The most important thing to
me now is my family. If I'm on my own, I'm prepared to take risks.
But when you've got people in your life, you've got a second chance
to really be yourself" (Ex-prisoner).
(v) CONCLUSION
Sentencing policy needs to acknowledge the damage
that prison sentences, even very short ones of a few weeks have
on the children and families of offenders. Policymakers need to
be especially mindful that the children of prisoners are more
likely to end up in the Criminal Justice System themselves. Quality
contact between prisoners and their families and the involvement
of families in every stage of the prisoner's progress through
the prison system from induction to release should be mandatory.
Moreover the families of prisoners need to be recognised as the
resource they are in the reduction of re-offending, which in turn
leads to rehabilitation and the protection of the public.
Sarah Salmon
Assistant Director
Action for Prisoners' Families
March 2007
2 Ref: I didn't think anyone could understand,
miss. 2001. Action for Prisoners' Families. Back
3
Ref: Exploring the needs of young people with a prisoner in the
family. 2003 Action for Prisoners' Families. Back
4
Ref: Reducing the Risk of Re-Offending by Ex-prisoners, Social
Exclusion Unit Report, July 2002. Back
5
The Corston Report, Home Office, March 2007. Back
6
Ref: Imprisoned Women and Mothers. 1997, Home Office. Back
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