MSP proposes extra support for children with jailed parent

Children of an accused person facing the prospect of jail would be given additional consideration by the court under a proposal for a member's bill in the Scottish Parliament, now out to consultation.

Mary Fee, Labour member for West Scotland, is seeking to introduce a bill that would require a court, at the time of sentencing, to have regard to the impact of parental custody on the welfare and wellbeing of the offender’s children, and ensure that children affected by parental imprisonment receive additional support as appropriate.

In her consultation Ms Fee emphasises that she is not seeking to influence the courts in relation to the actual sentence being imposed – which has been the subject of previous legislative attempts in relation to the offender's children – but to provide support to vulnerable children after the point of sentencing and their parent has been placed in custody.

According to figures from the support organisation Families Outside, more children in Scotland experience their parent going to prison than experience their parents divorcing, but the impact, and the stigma, can often result in problems for the child the causes of which may go undetected.

Referring to New Zealand research that highlights "three levels of invisibility" for children of prisoners – statutory agencies failing to recognise their needs; lack of contact with the incarcerated parent; and failures to identify a child's social, educational, mental, behavioural, health or other needs – the bill proposal is for a twin-track approach. Courts would come under a statutory duty to order a child and family impact assessment after a sentencing decision has been handed down, resulting in tailored care for the child according to their specific needs and vulnerabilities; and there would be a presumption that the child will have additional support needs in education, so that education authorities would be required to consider whether the child required a co-ordinated support plan. 

Click here to view the proposal. The deadline for responses is 5 May 2015.