Blog: The importance of Child Impact Assessments for children affected by maternal imprisonment
PRT Associate Sarah Beresford writes about the importance of Child Impact Assessments for children affected by maternal imprisonment.
All names have been changed in order to preserve anonymity.
“Sentencers should know about the children. You get victim impact statements. What about a child impact statement in the child’s own words or even with pictures?”
Sandra
Sandra made this suggestion in a focus group for the What about me? report, which lays bare the impact on children of having a primary carer in the criminal justice system. She had good reason for making it; when Sandra was arrested, and subsequently sentenced to eight months in prison, at no point were her three children considered. Sandra is a single parent, and it was left to family members to pick up the pieces. As is often the case, no one could take on all three children; Sandra’s mother took in one, her sister the other two. The devastation for her children of being separated from their mother was further compounded by being separated from one another.
Luke (aged 13) also experienced distress and trauma:
“It was awful. I came home from school, and no one was there.”
Luke
Like Sandra, his mother is a single parent, and like Sandra’s children, at no point in the sentencing process was Luke’s existence formally acknowledged, far less his needs addressed. Ultimately, Luke went to live with his grandmother but not without unnecessary anxiety and stress.
These stories are not uncommon. In September 2019, the Joint Committee on Human Rights published its report on the Right to family life: Children whose mothers are in prison, shining a light on the concerns raised by Sandra and Luke’s experiences. Included in the report’s key recommendations is that judges should make reasonable inquiries to establish whether the offender is the primary carer of a child, and if the offender is a primary carer, the judge must not sentence unless a pre-sentence report is available at the sentencing hearing, unless the circumstances are exceptional.
Pre-sentence reports should include information about dependent children. In reality, however, many reports are written on the day of the hearing, which means that critical information about the impact on children who will be affected may not be captured. Child Impact Assessments, which focus on children in their own right, rather than as an aspect of mitigation, would require a court to consider the impact of imprisonment upon the welfare and wellbeing of any dependent children and seek to ensure that children receive appropriate and timely support.
Crucially, as highlighted in the What about me? report, children would like magistrates and judges to take their feelings, and the impact of a sentence on them, into account when making their decision. Instead, they report feeing invisible throughout the process. Child Impact Assessments would ensure that children are listened to, rather than strategically silenced, and could highlight risks to children’s rights and wellbeing. If children are recognised at the earliest opportunity, including at the point of arrest, they can be offered support prior to a court hearing and given an opportunity to inform pre-sentence reports.
Child Impact Assessments have long been called for but have yet to be implemented. Children of Prisoners Europe explored the principles behind Child Impact Assessments in its 2015 European Journal of Parental Imprisonment, and in 2018, the Council of Europe published a set of recommendations aimed at safeguarding the rights and interests of children of imprisoned parents and calling for a rigorous assessment of the needs of children affected.
Merseyside’s Women’s Services Alliance is taking these recommendations, and the call from women and children, very seriously and has committed to piloting the implementation of Child Impact Assessments. This work will include focus groups with women and children to agree a Child Impact Assessment template and to determine who is best to complete them to ensure engagement; liaison with NPS and CRC colleagues to ensure Child Impact Assessments enhance current practice and sit within national guidelines; and liaison with magistrates to ensure they are helpful in sentencing processes.
“We are delighted to partner with PRT on this important work to ensure that children with a mother in the criminal justice system get the right support at the right time.”
Rosie Goodwin, women’s lead for Merseyside Community Rehabilitation Company
Ultimately, every child affected by imprisonment should receive an assessment of their needs. Thanks to several recent reports, acknowledgement of the particular devastation for those with a primary carer in the criminal justice system is growing. As the Merseyside Women’s Services Alliance has recognised, now is the time to model the solutions that people like Sandra and Luke are clearly calling for.
Sarah Beresford
