Female Offender Strategy: One Year On

Debate between Chris Elmore and Kate Green

Wednesday 24th July 2019 Westminster Hall

[Kate Green]

WomenMATTA, which is my local women’s centre, has also spoken of the inadequacy of funding, which I will come on to, and of the complexity of the application procedures. As my hon. Friend rightly suggests, spending time on preparing the applications detracts from the good work that the centres could be doing in working directly with women offenders.

On 27 June, in a written ministerial statement, the Government set out progress to date. I am grateful to the Prison Reform Trust, which has produced a helpful and comprehensive matrix to track progress against the strategy. It is fair to say that both documents show a mixed picture, although I acknowledge that there has been some good progress. For example, we have recently had the Farmer report on maintaining family links, which makes many welcome suggestions. We have had changes in housing policy so that a tenancy can be maintained for up to six months while a mother is in prison. More police forces are developing and using trauma-informed approaches. Liaison and diversion schemes now cover 90% of forces in the country, and the ambition is to achieve 100% coverage next year.

I was very pleased to hear the right hon. Member for South West Hertfordshire (Mr Gauke), the last Lord Chancellor—and, if I may say so, a much-missed Lord Chancellor—speaking positively about his intention or wish to see a presumption against the imposition of short custodial sentences, as already applies in Scotland. However, as my hon. Friend the Member for Nottingham South (Lilian Greenwood) says, women’s centres still lack sustainable funding. Will the Minister say what has happened to the proceeds from the sale of Holloway Prison? That delivered some £80 million into the Treasury’s coffers, but only £5 million appears to have been released to go towards services for women.

It is welcome that the Government, in their strategy, called a halt to the building of new women’s prisons. Many of us had spent much time urging them to take exactly that step. But what evidence can the Minister show for the efficacy of residential women’s centres? Surely priority should be given to funding core women’s centre provision in the community. No prison has to wonder whether it will have the funding to exist after 2021, but that is the case for most women’s centres, with Lord Farmer himself describing their funding as “desperately precarious”.

[Chris Elmore (Ogmore) (Lab)]

I pay tribute to my hon. Friend’s work in this area, on which she has campaigned over many years. With regard to the location of women’s centres, she will be aware that Wales does not have any women’s centre; it does not have a women’s prison. To be clear, we do not want a women’s prison, but we are in desperate need of a women’s centre, because the closest place that women can go to, in terms of custodial sentences, is Gloucestershire. Does she agree that, in addition to her list of questions for the Minister, he might want to consider the fact that a women’s centre is desperately needed in Wales and would be an important part of improving outcomes for female offenders?

[Kate Green]

I do agree. If there is no women’s centre in Wales, that is shocking and there needs to be. Indeed, I would say that for any part of the country that does not have a women’s centre.

Prisoners: Parental Rights

Debate between Chris Elmore and Kate Green

Wednesday 13th December 2017 Westminster Hall

[Kate Green (Stretford and Urmston) (Lab)]

It is a great pleasure to speak under your chairmanship, Mr Hosie. I congratulate my hon. Friend the Member for Swansea East (Carolyn Harris) on securing the debate and on her powerful and important speech. I also put on record my agreement with what she and the hon. Member for Congleton (Fiona Bruce) said. I very much welcome the debate. Its title is on the parental responsibilities of prisoners, but like others I want to look at this through the lens of children’s rights and their best interests. Hon. Members agree that those interests are rarely served by the incarceration of a parent where contact and the relationship with the parent is healthy. That is especially true of mothers in prison, because they are almost always the main carers of children.

My starting point is to do what we can to keep mothers out of prison. The Minister has heard me say that on a number of occasions, and I am afraid I will be repeating myself. We need stronger community alternatives to custody for women, and especially for mothers. We need a presumption against short custodial sentences, as has now been introduced in Scotland. I know the Minister has looked or is due to look at what is going on there, so perhaps he will update us on that. I repeat to him: please do not build new women’s prisons. It is the wrong use of money—we could spend that money much better. There is a once-in-a-lifetime opportunity to do something good for women offenders, and building new prisons is the worst possible route.

In fact, many more women, and particularly mothers, continue to be incarcerated. The Prison Reform Trust estimates that each year about 18,000 children under the age of 18 are separated from their mothers due to incarceration. Two thirds of women in prison are mothers of children under 18, and one third are mothers of children under the age of five. The numbers in mother and baby units are decreasing, and it is not clear what happens when a child becomes too old to remain in the MBU—the mother and child will sometimes be separated at that point.

We can all agree that separation due to incarceration will often be harmful for children. As Common Weal, the Prison Reform Trust, Epstein and Baldwin, Barnardo’s and many other organisations and researchers have shown, children will experience trauma, confusion, an adverse impact on their educational performance and behavioural problems. The care arrangements made for children whose mothers are in prison are particularly worrying: only 5% remain in the family home, and 9% continue to live with their fathers. Many live with grandparents, which is often positive, and some live with older siblings, but sometimes siblings are separated and put into different homes while their mother is in prison. Most worryingly of all, some incarcerated mothers report that they do not know where their child is being looked after or by whom.

Common Weal has shown that half of children who have a parent in prison have to change school because of changes to their care arrangements. That is very disruptive for children, too, yet despite all those adverse effects, mothers continue to receive custodial sentences without sentencers properly considering the impact on their children. The sentencing guidelines make clear that, if an offender is on the cusp of receiving a custodial sentence and custody would be disproportionate in terms of its impact, alternatives should be considered, particularly with reference to the wellbeing of children. However, sentencers are not required to be proactive in making inquiries about what will happen to children when considering sentencing a parent. We need a sentencing structure that is much more focused on the best interests of the child.

I therefore say to the Minister that we need to ensure that sentencers are presented in every case with child impact statements. We need an obligation on sentencers to consider alternatives to custody. We need clearer, much more high-profile guidelines and better sentencer training, and we need the Government as a whole to have an overview of the impact on children of mothers’ imprisonment. In a recent written answer, I learned that the Government have made no such assessment. It is time they did, particularly in the case of mothers being placed in prison on remand, because that is extremely disruptive for their children, and those mothers will often not go on to serve a custodial sentence. It is particularly important that the impact on children is considered in such cases.

As the hon. Member for Congleton said, when mothers are in prison, maintaining good-quality contact will be both important and positive in the majority of cases. It is therefore pretty concerning that the Government do not know how many visits to mothers in prison have taken place and how many mothers have been visited, as a written answer to Baroness Fall on 29 November shows. Visits are difficult, and the hon. Lady rightly referred to a number of problems that need to be resolved, such as the distance from home many women are serving their sentences; the fact that women cannot hold or touch their children during visits; the lack of activities for children to participate in during visits; the lack of support for visits; and the lack of privacy. I understand that, in the case of women in approved premises, visits from children are not permitted at all, which is very concerning. Perhaps the Minister will confirm that and take action.

We need more creative and focused solutions to maintain and facilitate that contact. The hon. Lady rightly spoke about some of those, such as the use of technology—Skype and videos. We need more opportunity for overnight visits such as those trialled at Askham Grange. We need special additional family visits, not as a privilege for the offender but in the best interests of the child. We also need good pre and post-visit preparation for both mother and children. What learning have the Government taken from the excellent programme “Visiting Mum”, which is run by the Prison Advice and Care Trust at Eastwood Park Prison? Do they intend to roll out that learning and provide such support in all women’s prisons?

Women and mothers also need better preparation for release. Once children have experienced the trauma of losing their mother to incarceration, they will often find it quite traumatic when mum returns home—they may be aloof, angry or clingy, and we have a problem in ensuring that those mothers are able to resume their parenting role. Housing is still a problem for women on release from custody. They cannot get priority for housing if their children are not living with them, but their children cannot live with them if they do not have a home. That that conundrum is still happening—I saw it for myself during a recent visit to Styal Prison—is shocking. Surely we can resolve that difficulty. In Greater Manchester we are trying to do that by bringing together housing and justice leads, but the through-the-gate services that ought to be sorting that out are failing. I hope the Minister will take a careful look at that.

[Chris Elmore]

My hon. Friend may be aware that in a past life, before serving in this House, I led children’s social services in a local authority. One concern about family breakdown when a woman leaves prison is that sometimes the children have become looked-after, and it is extremely complex for the mother to gain access to their children through the looked-after children’s system. That adds another dynamic, because the mother may never have had to deal with those services before she was sent to prison, which can cause even further family breakdown on her release.

[Kate Green]

That is an important point. As we know, outcomes for looked-after children are often poor, and we should be doing everything we can to return that child to the family unit, and to support the family in parenting and raising that child.

In conclusion, my message to the Minister is this: do not send mothers to prison. If that happens, can we ensure that the sentencer has fully assessed the impact of that sentence on the woman’s children? For those who are sentenced, can we facilitate good-quality contact between mother and child during the period of incarceration, as that is in the child’s best interests, and put in place structured, high-quality preparation for the reunion of the family on release? I am grateful for the chance to speak in this debate. I know other colleagues wish to make further contributions, so I will end there.

Women Released from Prison

Debate between Chris Elmore and Kate Green

Wednesday 18th October 2017 Westminster Hall

[Chris Elmore (Ogmore) (Lab)]

I beg to move,

That this House has considered women released from prison.

It is a pleasure to serve under your chairmanship, Mr Howarth, as I am sure I have said many times. In the UK today, almost 4,000 women are in prison. Although many are serving long, extended sentences worthy of the horrendous crimes they have committed, more than 80% of convictions for women are for non-violent crimes, half of sentences being less than six months. The crimes most commonly committed by women are theft and handling of stolen goods. For many, those are a last resort—a desperate measure to feed a family or fund an addiction. When we consider the consequences of prison for such women, we should ask whether incarceration is the correct response.

After their sentences are served, women leaving prison face inordinate difficulties in readjusting to life. Homelessness is at the core of the problem; on release, six in 10 women do not have a home to go to. Without an address—permanent or temporary—safe and secure employment is near impossible. As a result, fewer than one in 10 women released from a prison sentence of less than 12 months manage to secure a positive employment outcome within a year. For those who struggle to find work, and often for those who find it, social security can be difficult to come by. Without a home, income or a family, the path to reconviction is clear; 45% of women are reconvicted within one year of leaving prison. Many women reoffend to fund a life outside prison, although many will do so aware that life can be easier inside prison.

Such problems for women should force the House to reconsider the use of custodial sentences for low-level crimes. Women—especially those with a history of social and financial difficulties—will often leave prison in a far worse situation than when they entered. Separated from their families, relationships may have broken down, and the resulting pressures can further an issue that was present before the sentence began. These women need help with the initial problem, and support from the state and society to identify and tackle it.

A prison sentence will not in itself reform a woman who only stole in the initial instance to feed her children, nor will it reform a woman with an addiction, be it to alcohol, drugs or gambling. Addiction is an illness, and the crimes committed to fund addictions are a symptom of that illness. Someone suffering from a physical medical condition will be offered treatment to ease their symptoms, but someone suffering from addiction is given a punishment.

[Kate Green (Stretford and Urmston) (Lab)]

I congratulate my hon. Friend on securing this welcome and important debate. Does he also agree that working with people suffering serious addiction issues is unlikely to be effective in the typically short sentences that women experience? A long period of time is needed to work with someone who has deep-seated problems.

[Chris Elmore]

My hon. Friend is absolutely right. This is part of the wider issue of whether a six-month custodial sentence is acceptable. I am not advocating that we should extend custodial sentences; it is about rehabilitation being part of that work, rather than a custodial sentence. In fact, she brings me on to my next point very well: a short prison sentence will not fix the problem. It is far more likely to be a catalyst for a downward spiral that will see these women yo-yo between addiction, committing crimes and short prison sentences for the rest of their life.

Ministers say these issues are not exclusive to women. However, decisions made in recent years have created a system that creates difficulties specific to women. The lack of women-only prisons primarily creates issues as it results in women facing sentences far from home. There are only 12 women’s prisons across England and Scotland, and none at all in either Wales or Northern Ireland; for Welsh women, the closest facility is in Gloucestershire. Staggeringly, some women in Scotland are placed in female units within male prisons—a trend that looks likely to be adopted across the whole of the UK in future—while women in Northern Ireland are detained in a male youth offenders centre.

At present, more than 17,000 children are separated from their mothers due to imprisonment, fewer than 10% of whom are being cared for by their fathers. Distance makes visiting difficult at best and impossible at worst, which has a harmful effect on the children’s welfare. Upon release, women may face further difficulties when a lack of local provision means they are again located 100 miles or more from their families. For some women and men, living in an approved property is a condition of their release on licence. These approved properties are single-sex establishments, and while there are 94 locations across England and Wales for men, including several in London, there are only six for women. They are in Bedford, Birmingham, Leeds, Liverpool, Preston and Reading; none of them are in London and, once again, none are in Wales.

Again women are forced to be away from everything familiar to them. They may be out of the physical prison building, but they are still prisoners of circumstance, separated from their families and communities and expected to reintegrate into a society that is unfamiliar to them. The Government should provide suitable facilities and sufficient support care for those vulnerable women on their release from prison. In my opinion, the Government are at present failing to do so.

In May 2017, a woman from London brought a case against the Secretary of State for Justice after she was forced to relocate to Bedford on her release from prison. She appealed on the grounds that the distribution of approved properties was unlawful sex discrimination against women. In a landmark ruling, the Supreme Court upheld her appeal and found that the Government were indeed discriminating against women on their release from prison. That was five months ago. Disappointingly, there was no response from the Government and no action was taken. It is my understanding that that is still the case today; perhaps the Minister will look at that specific point.

Women leaving prison will always face some difficulty in readjusting, but the complexities they face under this Government are not necessary. It is neither right nor inevitable that women, on their release from prison, should be left homeless and destitute. It is not right that they should be deprived of safe and secure employment, access to social security and support, and it is not right that, by virtue of the Government’s neglect of facilities, they are forced into communities hundreds of miles from their families. I hope that the Government will consider the difficulties faced by women leaving prison, and that they will act to ensure an easier transition from custody to society, free from homelessness, poverty and reconviction.