'Every Child Matters? Rethinking law and policy for the children of incarcerated mothers'

• In Event: An International Perspective on Children of Incarcerated Parents. Panel organized by the Spinhuis Center

Abstract

Wherever and whenever prisons exist, children are affected by parental imprisonment, especially by the imprisonment of mothers. Sometimes the removal of a parent from the home environment is of benefit to children. However, as a substantial body of research from around the world demonstrates, these benefits are often outweighed by the other, multiple and negative effects which arise from being separated from a parent. It is striking, however, that despite on-going concerns about many aspects of children’s wellbeing, the impact of prison is often invisible or only tangentially recognised in social, legal and penal policies.

This paper considers the existing research and proposes a framework for establishing child-centred approaches to sentencing and imprisonment, and mechanisms by which a child-centred approach to the sentencing of parents with childcare responsibilities could be created. Would it be possible, or desirable, for example, to extend the ‘best interests of the child’ test, which governs family law decision-making in the UK, to the sentencing of parents? Would partial or total abolition of imprisonment be beneficial? Should the law recognise other significant relationships, such as those between siblings? How can future research, policy and decision-making not only involve children affected by imprisonment but make them central? This paper will explore these, and other, questions related to children living in families where one or more family member is imprisoned.

Author

• Helen Codd, University of Central Lancashire, UCLAN