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Published by Scottish Council for Voluntary Organisations

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Children should be assessed when parents are jailed

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Charities back automatic child and family impact assessments when a parent is jailed

Leading charities have urged MSPs to back a law change which will see children who have a parent sent to prison automatically undergo an assessment to see what additional support they require.

The charities backing the proposal, made by Labour MSP Mary Fee as an amendment to the criminal justice (Scotland) bill, include Barnardo’s Scotland, Families Outside and NSPCC Scotland.

They say children who have a parent imprisoned often undergo a “traumatic” experience and highlighted there is currently no system in place to assess their wellbeing needs unless there are child protection concerns.

Martin Crewe, director of Barnardo’s Scotland, said: “We know from our work with families that children affected by parental imprisonment are an extremely vulnerable group who often suffer in silence, unseen and unheard.

“We supported Mary Fee’s member’s bill consultation which proposed ways in which children affected by parental imprisonment could be assessed and supported and we will continue to support any further legislative measures within the criminal justice (Scotland) bill which seek to achieve these aims.

We know from our work with families that children affected by parental imprisonment are an extremely vulnerable group who often suffer in silence, unseen and unheard

“Too often the voices of children are lost in a justice system geared towards adults, this group of children tend to fall between the gaps of statutory services and their needs too often remain unmet.”

It is estimated that there are over 27,000 children in Scotland affected by the imprisonment of a parent but an estimate is the only figure available as there is currently no robust form of identification or assessment in place for this group of children.

Currently, criminal justice social work reports are not always conducted, and when they are their intention is to establish what the family can do for the offender in terms of reducing reoffending, not what statutory services can do to support the family.

Matt Forde, head of service for NSPCC Scotland, said: “The unintended consequences of the criminal justice system can undermine and damage parent-child relationships.

“The effect of this is easier to detect and understand in older children but easily overlooked in infants. Yet pregnancy and infancy is when, arguably, most support is needed.

“The amendments to this bill mark an important step forward in improving the life experiences of this vulnerable group.

“By recognising the specific needs of children with a parent in prison, and their care givers, the best possible support can be provided to ensure consistent care and a healthy happy start in life.”

Studies show children of offenders are also up to three times more likely to develop mental health issues when compared with their peers, and issues faced can include emotional and health related problems, lower results in school and declining relationships with close family.

Nancy Loucks, chief executive of Families Outside, added: “Child and Family Impact Assessments have been recommended by Scotland’s Commissioner for Children and Young People since 2007; by the UN Committee on the Rights of the Child in 2011; and endorsed by Together Scotland, SCCYP, and Families Outside in 2012.

“A growing number of the judiciary have also expressed their support in an individual capacity for impact assessments.

“Families Outside looks forward to this opportunity to question the impact of imprisonment on the remaining children and families; to explore what a meaningful assessment process might look like and to ensure appropriate actions are taken to mitigate the negative impact on children and families.”