Anti-social Behaviour, Crime and Policing Bill

Lord Touhig Excerpts

Tuesday 12th November 2013 Lords Chamber

Moved by

[Lord Touhig]

18: After Clause 153, insert the following new Clause—
“Protection arrangements for children and dependants
(1) The Criminal Justice Act 2003 is amended as follows.
(2) After section 174 (duty to give reasons for, and explain effect of, sentence) there is inserted—
“174A Duty to ask about children etc left behind
(1) Any court passing a custodial sentence on an offender who was on bail when awaiting sentence must ask what the arrangements are for the care of any children of the offender or any vulnerable adult who is dependent on the offender while the offender is in custody.
(2) If the court considers the arrangements are not satisfactory the court must make a referral to the relevant local authority social care team.
(3) Any person or body having statutory responsibilities for children or vulnerable adults must co-operate with the court in securing that arrangements are made for their safety in the circumstances to which subsection (1) refers.”
(3) The Bail Act 1976 is amended as follows.
(4) In section 5 (supplementary provisions about decisions on bail), after subsection (5), there is inserted—
“(5A) Where a court withholds bail in criminal proceedings from a person to whom section 4 of this Act applies, the court must ask what the arrangements are for the care of any children of the defendant or any vulnerable adult who is dependent on the defendant while the defendant is on remand in custody.
(5B) If the court considers the arrangements are not satisfactory the court must make a referral to the relevant local authority social care team.
(5C) Any person having statutory responsibilities for children or vulnerable adults must co-operate with the court in securing that arrangements are made for their safety in the circumstances to which subsection (5A) refers.”
(5) This section shall come into force two months after enactment.”

[Lord Touhig (Lab)]

My Lords, this amendment stands in my name and that of the noble Lord, Lord Ramsbotham, who has asked me to apologise for his absence as he is en route to Kenya as we speak.

This probing amendment would introduce a very straightforward duty on courts to inquire whether individuals who are refused bail or sentenced to prison have caring responsibilities for any children or vulnerable adults and, if they do, to make a referral to the appropriate local authority if arrangements are not in place for their immediate safety and well-being.

The noble Lord, Lord Ramsbotham, if he were here, would have sought to discover more about the Government’s plans to transform the probation service. He would have reminded the House that in pre-Grayling days family details would have been discovered by the probation service, which would have included this information in pre-sentence reports. I know he would have worried that a privatised probation service would not have the time to complete full reports, and I believe that he would have been right to do so.

Our proposed change in the amendment would not have any bearing on decisions about the length of sentence or whether bail is granted, nor would it place any onerous burden on courts to establish care provisions themselves. It is simply about identifying young, old or disabled people who have been left in a precarious situation as a result of their primary carer being imprisoned, so that the appropriate steps may be taken. Regrettably, far too many are let down by the current system.

At Second Reading, I spoke about a seven year-old boy who was neglected and, ultimately, left alone by friends after his mother was sentenced. Then there was the case of the young lady who was unaware of her daughter’s whereabouts and only discovered that she had been hospitalised after a support worker contacted four different councils. Finally, a 19 year-old boy was left caring for five siblings when his mother was denied bail. These give an indication of the kind of cases that organisations supporting this amendment—members of the Families Left Behind campaign—are regularly faced with. Charities such as the Prison Advice and Care Trust, Barnardo’s, the NSPCC and Caritas Social Action Network have all highlighted how vulnerable people are unnecessarily put at risk, sometimes overlooked for hours or even days. In such cases, serious risks often only become apparent when the prisoner talks to a support worker or chaplain about their family.

People facing trial or bail hearings are rightly encouraged to make arrangements for their dependants before entering the courtroom, and many do just that. Where the court is assured that suitable support is in place, this amendment will not necessitate any further action whatever. However, where those arrangements have not been made, perhaps because the defendant was confident of being released or was simply overwhelmed by the judicial process, it offers a vital opportunity for early intervention to prevent people from coming to harm. The importance of avoiding any break in care for children or vulnerable adults is well established. The Government themselves advise that children under 16 should not be left alone overnight; children under 12 should not be left alone for long periods of time; and babies or toddlers should never be left alone at all. The advice continues and warns that parents may be prosecuted if any child is left,

“in a manner likely to cause him unnecessary suffering or injury to health”.

Yet this is precisely the situation some children face when a parent is remanded in custody or sentenced to prison. The longer it takes for the appropriate authority to intervene, the greater the risk becomes.

Likewise, we are only too aware of the danger posed to older or disabled adults by depriving them of necessary support, even for a short time. We have all been appalled by cases in recent years where just one or two missed homecare visits have led to people being left in darkness, unable to use the toilet or even without vital medication. In more extreme situations, people have experienced serious harm, or even lost their lives, after falling through gaps in the system and finding themselves without support. Many steps are being taken to ensure that such tragedies are never repeated and that homecare schedules are properly adhered to. Yet equally robust provision is lacking in situations where a person’s primary carer is a relative or friend and they have been given a custodial sentence.

It is worth revisiting the number of people at risk of being left in these difficult circumstances. Some 200,000 children in England and Wales experience the imprisonment of a parent every year, more than twice the total number of children in the care system. While statistics for adults who experience the imprisonment of their carer are not centrally collected, this figure is also likely to be significant, given that the prison population currently stands at over 80,000 and approximately one in eight of Britain’s adults is a recognised carer. A simple process whereby courts make relevant inquiries and notifications regarding dependants, at the point when a sentence is passed or bail is refused, will go some considerable way to addressing current shortcomings, without creating significant pressure on either time or resources. The proposal also stands to reduce the need for the more intensive and costly intervention often required further down the line if people are left without support.

I therefore hope that we can take this opportunity to adopt this sensible and constructive measure. It is a small change in procedure but it will make a significant difference for a child who finds that there is no one to collect them from school because their mother has been refused bail, or for the elderly parent who finds that there is no one to help prepare their dinner because their son has been handed a custodial sentence. When anyone is sent to prison, the families and dependants who are left behind will invariably feel the consequences. It is perhaps impossible to completely mitigate the impact of losing a parent or carer in this way but we can and must make improvements to ensure that those innocent people who, through no fault of their own, are placed in positions of extreme vulnerability do not go unnoticed.

We are all grateful to the noble Lord, Lord Taylor of Holbeach, who took a great deal of trouble to write on a number of matters that came up at Second Reading but this was one issue that slipped through the net and was not referred to in his letter—just like many of the people who I talked about; they, too, slip through the net. Perhaps the Minister when he replies can give us some hope that our pleas have not fallen on deaf ears. I beg to move.

--- Later in debate ---

By putting some of the practicalities before the Committee, I hope that the noble Lord, Lord Touhig, will accept that we understand that there are issues. Not all of them lie at the door of the courts or of an uncaring state; they are often to do with the chaotic lives of some of the people who come before our courts. However, if we can hold a meeting with PACT and have further discussions, we will be able to see how we can take this problem forward. With that, I hope that the noble Lord will agree to withdraw his amendment.

[Lord Touhig]

My Lords, I will be brief because I appreciate that other Members want to carry on with other matters. The noble Baroness, Lady Hamwee, made a good point about whether the courts or the Local Government Association have been consulted. I am not sure, but it is a valuable question. However, I should point out that in a note to me, which I mentioned in my opening remarks, the noble Lord, Lord Ramsbotham, did say that currently the probation service would provide family details for a pre-sentence report. Perhaps we are part of the way there.

My noble friend Lord Judd referred to the account of a prison officer who pointed out to him the number of people who are left behind when someone with older people or children to care for is sentenced. The noble Lord, Lord Hylton, made the point that a coalition of charities has come together to help this vulnerable group. However, that coalition has no power to change the law; only we have that power and we should do so. I welcome the remarks made by the Minister and his suggestion of a meeting, but here we have a chance to put in a safety net. I have no crystal ball, but I am as sure as God made little green apples that some way down the line, unless we put in this extra element of support in one way or another, there will be a case where an elderly vulnerable person is left uncared for and dies or a child is left uncared for and dies because of the system. It is not an uncaring system, but it is an oversight that will let people down. With those few remarks, I beg leave to withdraw the amendment.

Amendment 18 withdrawn.