Criminal Justice and Courts Bill

Lord Blair of Boughton Excerpts

Wednesday 23rd July 2014 Lords Chamber

[Lord Low of Dalston]

My Lords, I can be quite brief. This amendment arises from a conversation which began at Second Reading when the noble Lord, Lord Blair, and I identified the problem of children and vulnerable adults who are dependent on an adult who is sentenced to a prison sentence being left without support when the offender is sent to prison. It is estimated that some 200,000 children have a parent in prison at any one time, which is nearly three times the number of children in the care system. They are twice as likely as other children to experience behaviour and mental health problems, and three times as likely to go on to commit an offence themselves. Sixty-five per cent of boys with a convicted father will themselves go on to offend. Therefore, there is an obvious need for these people to be picked up and supported, yet there is no official way of identifying them or ensuring that their need for support is taken care of.

Organisations such as Barnardo’s and other members of the Families Left Behind campaign report from their work in prisons that a lack of identification of the children or vulnerable adults dependent on a parent or carer remanded in custody or sentenced to imprisonment often puts the child or vulnerable adult at risk. They have records of cases where children have been left with friends or neighbours as a temporary measure and are then passed on to other friends or associates; cases where children have been left with individuals who misuse drugs and alcohol; cases of children left at school with no one to collect them and with no one contacting the school; and cases of children left with elderly relatives, relatives with disabilities, relatives in distress or relatives living in poverty who have offered to step in to provide emergency care but do not really have the resources to do so.

In the past, the probation service would have stepped in to bridge the gap but, with the probation service progressively becoming more of an offender management and less of a social service, a vacuum has opened up. In 2011, with the support of the NSPCC, Action for Prisoners’ Families and HM Courts and Tribunals Service, Pact published a range of resources aimed at promoting good practice in relation to children and dependent adults whose primary carers had been sent to prison, including guidance asking magistrates to check that there were no immediate welfare needs. Three years on, however, it is clear that many courts are not following this guidance, and there continues to be a lack of awareness of the need to make sure that arrangements are in place for the care of children and dependants of people placed in custody. Accordingly, the Families Left Behind campaign is calling for a statutory duty to be placed on courts to ask an individual, when they are sentenced to prison or held on remand, whether they have any dependants. If they do, steps can then be taken to ensure that appropriate care arrangements are in place.

At Second Reading, the Minister acknowledged the problem and undertook to consider it. I am very grateful to him for the constructive discussions he has made possible and to the members of the Bill team for the positive contribution they have made and for all their help in getting the amendment right. As a result, I am hopeful that we now have an amendment that the Government can broadly support. The Minister felt that a statutory duty might be a bit heavy-handed and suggested that the amendment might be better couched in terms of guidance. Accordingly, the amendment now seeks to achieve its effect through directions, although I note that the word “duty” remains in the heading of the proposed new clause. The Minister may have something to say about that.

The amendment would amend the Criminal Justice Act 2003 and the Bail Act 1976 to put in place a system for courts to establish whether an individual sentenced to prison or held on remand has children or vulnerable adults who are dependent on them and who may need immediate welfare support. The proposal is that, immediately following the decision to send someone to prison, the defendant will be asked by the court whether they have children or vulnerable adults dependent on them and, if so, whether care arrangements are in place. If there are no such arrangements, the defendant will be given the opportunity to make a phone call to family members to inform them about the situation and make the necessary short-term arrangements, such as for collecting a child from school or nursery, or ensuring that they are not left at home alone. If this does not achieve a satisfactory result, the court should direct an appropriately qualified person in the court—for example, probation staff, the defendant’s legal representative, court staff, a voluntary sector organisation or a police liaison officer—to take specific action before the defendant leaves court. Where necessary, this may entail contacting the appropriate local authority children’s or adult social care team.

I hope the amendment may give us a basis for moving ahead consensually on a matter which, once pointed out, has prompted concern across the whole House. I beg to move.

[Lord Blair of Boughton (CB)]

My Lords, I support the noble Lord, Lord Low, in this matter and I am grateful to the Minister for the co-operation that he and his office have shown in relation to the amendment.

I declare an interest as the chairman of the Thames Valley Partnership, a criminal justice organisation which, as it says on the tin, is in the Thames Valley. I came across this problem in relation to some of the partnership’s work, as there is at the moment absolutely no statutory requirement for anyone, for instance, to inform a school that a child attending the school has a parent who is now in prison. The failure to do this is also often compounded by the embarrassment of the other parent. She is not going to mention it but the other children in the playground will know who has just had their father sent to prison and the bullying and exclusion start. This relatively short amendment, which imposes the lightest of requirements on the sentencers, fills an obvious lacuna.

I apologise to the House that I was not in attendance for the first 30 seconds of the speech of the noble Lord, Lord Low, so I do not know whether he mentioned the fact that the numbers are vast—200,000 children, which is three times the number in care. Obviously, that is not every year in terms of sentences but there is a long-term impact. Some of the work done by the Thames Valley Partnership shows that children increasingly, as they grow older into their teenage years, lose contact with the parent in long-term custody.

I hope the Government will accept the amendment. I understand there are a number of routes we can take between now and Report. Whether this is done through statute or practice direction, I hope that we can close the gap which leaves children vulnerable when some parts of the agencies of the state know what has happened but are not talking to one another.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, my name is on the amendment. The noble Lord, Lord Low, has made a powerful speech. I do not intend to repeat his arguments and I shall not detain the Committee long.

In this case we must surely be seeking a balance. There is the need to ensure that the position of children or dependents of a person detained in custody is properly protected at a time of considerable trauma and family disturbance. The impact on the children of a parent, particularly a mother, going to jail has been well documented—it has been referred to by the noble Lord, Lord Low, and in briefings that your Lordships will have received from Barnardo’s and other NGOs—and that is one side of the balance. The other side of the balance is that we have to do this without tying up the courts in extensive bureaucratic form filling, much of which is time consuming and may prove ineffective. It is the balance between those two considerations that Amendment 55A seeks to achieve.

All that remains for me to do is to thank the Minister, his officials and, indeed, the Government for the courtesy they have shown in considering this difficult matter. I hope that this redrafted amendment will commend itself to him.