When a judge is considering sending a primary carer, which is usually a mother, to prison, the child’s right to respect for family life should be a central concern. Too frequently this is not the case. As a result, tens of thousands of children each year are being harmed when their mothers are sent to prison, the vast majority for non-violent offences. Georgia, who was 15 when her mother went to prison, spoke for all these children when she told us:
‘I know my mum did wrong and deserved a punishment, but [ … ] we took a bigger punishment’.
The harmful effects of a mother going to prison begin as soon as a mother is sentenced, are felt throughout her sentence and continue for many years after she is released. To address this, we make proposals for fundamental reform in four key areas:
There is a complete lack of reliable quantitative data on the number of mothers in prison, the number of children whose mothers are in prison and the number of women who are pregnant and give birth in prison. Without improved data collection, collation and publication it is both impossible to fully understand the scale and nature of this issue and to properly address it. Mandatory data collection and publication must be urgently prioritised by the Ministry of Justice.
Despite sentencing guidelines which advise judges to consider primary caring responsibilities when passing sentences, an estimated 17,000 children each year are being harmed when their mothers are sent to prison. Children feel invisible in the sentencing process and in many cases, they are indeed disregarded. All too often, the court does not have adequate information about whether a defendant has children and what the impact of a custodial sentence would be on them. To address these issues, we make the following key recommendations:
Whenever a mother is sent to prison their child’s right to respect for family life should be upheld and every possible and practicable step taken to ensure that they are able to maintain positive relationships with their mothers. To this end our recommendations include:
Separating a baby from its mother is a serious interference with the right to family life. If a baby is born during the mother’s sentence, they should both be discharged from hospital directly to a Mother and Baby Unit (MBU) other than in exceptional circumstances; and when a mother with a baby is sent to prison, the sentence should only in exceptional circumstances start before a place is secured in an MBU.
We expect the Government to act swiftly in each of these areas in order to prevent another generation of children suffering the irreparable harm caused when mothers go to prison.
Published: 9 September 2019