Children and Custodial Settings
1. Introduction and Duties of Prison Governors
Prisons are required by Prison Service Rules to actively encourage prisoners to maintain meaningful family ties while they are in custody. This includes the provision, where applicable, of regular and good quality time with children.
Prison Governors also have duties under s.11 Children Act to safeguard and promote the welfare of children, and, in a prison context, this will include balancing a child’s right to on-going time spent with parents who are held in custody with the need to must be satisfied that any such ongoing time is safe and in the child’s best interests.
Her Majesty’s Prison and Probation Service has in place a range of measures to reduce the risks that certain prisoners, especially those convicted of, or charged with, offences against children may present to children whilst in custody.
Prison staff and those working in visitor’s centres should receive training, briefing or guidance as appropriate in safeguarding and child protection. This training should be relevant and proportionate to their likely level of time spent with children and families, so they can take appropriate action if concerns are raised during a visit. The establishment – or the service provider – should arrange specific safeguarding and child protection training – rather than safeguarding awareness training – for Family Support Workers, Play Supervisors and Visitor Centre staff who supervise activities for children.
Chapter 2, Working Together to Safeguard Children sets out the following statutory duties which apply to the Prison Service:
The Prison Service is subject to the section 11 duties set out in chapter 2 of Working Together to Safeguard Children.
It also has a responsibility to identify prisoners who are potential or confirmed ‘persons posing a risk to children’ (PPRC) and through assessment establish whether the PPRC presents a continuing risk to children whilst in prison custody. Where an individual has been identified as a PPRC, the relevant prison establishment:
- Should inform the local authority children’s social care services of the offender’s reception to prison, subsequent transfers, release on temporary licence and of release date and of the release address of the offender;
- Should notify the relevant probation service provider of PPRC status. The police should also be notified of the release date and address;
- May prevent or restrict a prisoner’s contact with children. Decisions on the level of contact, if any, should be based on a multi-agency risk assessment. The assessment should draw on relevant risk information held by police, probation service provider and prison service. The relevant local authority children’s social care should contribute to the multi-agency risk assessment by providing a report on the child’s best interests. The best interests of the child will be paramount in the decision-making process.
A prison is also able to monitor an individual’s communication (including letters and telephone calls) to protect children where proportionate and necessary to the risk presented.
Governors/Directors of women’s prisons which have Mother and Baby Units (MBU) should ensure that:
- There is at all times a member of staff allocated to the MBU, who as a minimum, is trained in first aid, whilst within the prison there is always a member of staff on duty who is trained in paediatric first aid (including child/adult resuscitation) who can be called to the MBU if required;
- There is a contingency plan/policy in place for child protection, first aid including paediatric first aid and resuscitation, which should include advice for managing such events, and which provides mothers with detailed guidance as to what to do in an emergency;
- Each baby has a child care plan setting out how the best interests of the child will be maintained and promoted during the child’s residence in the unit.
National Offender Management Service (‘NOMS’) Instruction (PSI 16/2011) Providing Visits and Services to Visitors provides general guidance on prison visits, including by children.
Practice guidance Children Visiting Prisons: Sharing Good Practice (Kids VIP) provides practical guidance to assist prisons in facilitating family visits, including:
- The benefits of good visits and maintaining family ties to both prisoners and families;
- Examples of how some prisons have provided well for children; and
- Guidance on how to replicate good practice in prisons and provide quality visits for children.
The Strengthening Prisoners’ Family Ties Policy Framework provides rules and guidance for prison staff on supporting the maintenance and development of prisoners’ relationships with family, significant others and friends.
The overriding factor in allowing any child to visit is whether contact with the prisoner is in that child’s best interests. (A child is defined as any young person under the age of 18).
2. Staying in Touch with a Family Member in Custody
Children and families can maintain contact with a family member in prison in the following ways:
- By writing a letter (letters may be read by prison staff before being delivered);
- Email a Prisoner whereby emails are printed out and delivered to prisoners by a Prison Officer;
- By receiving calls from the prisoners’ telephones (this is expensive and there can be long queues to use the telephone);
- By receiving video calls (see https://www.purplevisits.com/)
- By sending voice messages via the Prison Voicemail Service; and
- Through social visits.
Prisoners are not allowed access to social networking sites or mobile telephones while in custody (although it should be noted that the illegal use of mobile telephones does occur). Children under 18 must be accompanied by an adult when visiting a prison; however in exceptional circumstances and with prior agreement, Governors may allow young people between the ages of 16 and 18 years to visit on their own. The maximum number of adults allowed at each social visit is 3, but there are no restrictions on the number of children who can visit. The prison should be informed if more than 3 children will be visiting, so that appropriate seating arrangements can be put in place.
Family days and child centred extended visits provide an opportunity for prisoners, their children and partners to come together to enjoy and share family time in a more normalised environment. They are characterised by more relaxed interaction and fewer restrictions than at regular visits. The organisation, availability, style of family days, and prisoner eligibility vary across prisons; details of family days should be contained in information provided when a family member is imprisoned.
Children should be provided with age appropriate information about the visits process so they know what to expect; this could include explaining that they may be searched, that dogs who have been trained to detect drugs will be present; that items like mobile phones cannot be taken into visits and that physical contact (hugging etc.) during visits is likely to be restricted.
A risk assessment must be conducted for any prisoner wishing to take part in special children’s visits, or other events which includes children and their carers.
3. Contact Requests
If a prisoner wishes to apply to have time with their child, the prison must provide an application form for the prisoner to complete. A separate request must be made for each individual child.
It is possible that a request for family timecould be made by a parent or from the child directly. If such a request is received the prisoner must be informed and asked if they wish to submit a request for family time.
In general, prisoners identified as Persons Posing a Risk to Children may only apply for family time with children in their immediate family. This includes biological children, step-children, foster children, adopted children and the children of the prisoner’s partner provided they were living together as partners in an enduring family relationship before imprisonment. Applications can also be made for grandchildren, siblings, nieces and nephews. Time with a child outside these relationships should only be allowed in exceptional cases.
4. Contact with a Prisoner who is Identified as Posing a Risk to Children
See also: Public Protection Manual (Chapter 5 – Child Contact Procedures).
Establishments are required to identify prisoners who have:
- Been convicted or are charged with a sexual offence against a child;
- A previous conviction for a sexual offence against a child;
- A conviction or charge of murder or assault against a child;
- A charge or conviction involving domestic abuse where a child was involved;
- A charge or conviction where harm or neglect of a child was involved;
- Convicted of or charge with an offence whose circumstances indicate that the prisoner knowingly placed a child at risk of serious harm, including harm caused to a child by seeing or hearing the ill-treatment of another;
- Displayed any behaviour whilst in custody indicating the prisoner presents a risk to a child;
- Information has been received from other agencies about the risk that the prisoner presents.
All prisoners who have been identified as presenting a possible risk of harm to children must be approached and asked if they intend to request child contact. If a prisoner indicates that he/she does not intend to make an application for child contact, both at the time of asking or at a later date, that response will be recorded, and the prisoner must sign a form to that effect. If the prisoner refuses to sign, the enquiring officer must make a note to that effect.
Establishments must complete a multi-agency risk assessment to determine what, if any, contact the prisoner is allowed with a child. Where information is received or the behaviour of the prisoner is seen to indicate a potential risk of harm to a child, then a fully comprehensive risk assessment must be undertaken to determine whether the prisoner should be allowed to spend time with a child and the extent of such contact.
Risk identification and management must be undertaken in a manner that is proportionate to the individual concerned. Decisions to prevent or restrict contact need to take into account the risk presented by the offender, the needs and best interests of the child, balanced against the prisoner’s right to a family life. In all cases decisions will be based on what is best for the child. The rights of a child to be safeguarded and protected from harm must take priority over an offender’s right to family life as set out in the 1998 Human Rights Act if the offender’s right would mean that contact could place a child at risk.
The over-riding principle is that the child’s welfare is paramount – and that any time spent with the child must be in the child’s best interest.
4.2 Parental/Primary Carer Support for time with a child
The prison must ask the parent/primary carer of the child whether they support this family time or not and at what level. The application cannot proceed unless the primary carer supports family time.
In cases where the parent/primary carer does not support time families can spend together, the prison establishment must inform Children’s Social Care Services.
4.3 Children in Care
Where the prison is aware that the child is in care, the local authority’s view about the appropriateness of contact must be obtained in writing. The test is always whether contact is in the child’s best interest.
Whether or not the local authority shares Parental Responsibility, the views of the parent must also be included and taken into account.
4.4 The Multi-Agency Risk Assessment
The following agencies must be contacted to gather information before an assessment of risk can be made and a level of family time agreed that would be in the best interests of the child:
- The police in the child’s home authority must be contacted with details of the prisoner and the child including a photograph;
- The prison establishment’s probation officer should be provided with the details of the prisoner’s application and where a prisoner will be subject to licence supervision on release or has been recalled for breach of licence for the current offence the home probation area must be contacted and asked for information and comments. In addition if the prisoner is a young offender and is supervised, Children’s Social Care Services in the child’s home authority must be contacted;
- Where appropriate, the NSPCC may be contacted for additional information as some prison establishments have developed a partnership with the NSPCC who will search their database for information relating to the risk of harm to a child;
- Children’s Services for the area in which the child lives, asking them to carry out an assessment of the best interests of the child and provide a written report in line with the assessment framework in Working Together to Safeguard Children. The photograph of the child should be attached to the referral form for the social worker to verify the identity of the child and return to the prison. Prison staff should complete the referral with information about the prisoner’s risk and the specifics of the prison environment that will assist the social worker to complete their best interests assessment. The primary carer response form should be sent with the referral. As part of the assessment process, Children’s Services should undertake a home visit, during which the views of the child and the primary carer should be ascertained. If a child is able to make an informed choice, their views must be considered. The written report should:
- Outline the child’s circumstances and views;
- Confirm that the photograph supplied by the primary carer is of the child;
- Contain recommendations on what level of family time, if any, Children’s Services consider to be appropriate for the child to have with the prisoner; and
- Identify an appropriate adult(s) who will accompany the child when visiting the prisoner.
Within one working day of receiving a referral, Children’s Services should make a decision about the type of response that is required and advise the referrer on the next course of action.
The Governor (or senior manager with suitable delegated authority) is ultimately responsible for making an assessment of what, if any, level of family timeshould be permitted. If the report received from Children’s Services does not address the above bullet points, the Governor should refer the matter back to Children’s Services with an express request for this information, unless it is available from other material before them.
4.5 The Decision
Once the multi-agency assessment process is completed, the Governor or a senior manager with suitable delegated authority should make a decision about the appropriate level of time suitable between the prisoner and the child. This process should not be completed in isolation and should be supported by members of the prison’s safeguarding risk panel or equivalent.
The risk presented should be managed proportionately, taking into account the existing safeguards available in custody. In all cases decisions must be based on what is in the best interests of the child and must be properly reasoned and fully recorded on file.
In addition to the information provided by partner agencies (which should include an assessment of the child’s needs, wishes and feelings and the capacity of the primary carer to protect the child from potential harm), the assessment should also take into account:
- OASys assessment;
- Static risk assessment tool for sexual re-offending (Risk Matrix 2000);
- Pre-sentence report;
- Previous convictions;
- Behaviour in custody;
- Progress with offending behaviour programmes.
The over-riding principle is that the child’s welfare is paramount and any time spent with families must be in the best interests of that child. This may not always correspond with the wishes of the child or of the primary carer. Where there is a conflict between the needs of the child and the carer, decisions should be made in the child’s best interests.
The primary carer and any agencies that have contributed to the assessment should be informed of the outcome.
4.6 Level of Family Time Decided
There are four possible contact levels for a prisoner who is assessed as posing a risk of harm to children. The choice of level must be made with the over-riding principle that the child’s welfare is paramount and any permitted time spend with the child should be in the best interests of that child.
Each assessment is specific to a particular child and cannot be used to determine contact levels with other children. This means that prisoners must apply separately in respect of each child with whom they want to spend time with, including siblings living in the same household, and a separate risk assessment must be completed for each child. This can result in a prisoner being allowed different contact levels in respect of different children (including no contact at all).
- Level one: Full restrictions apply. No contact with any child is permitted;
- Level two: Contact with a named child only via written correspondence. No telephone calls or visits;
- Level three: Contact with a named child only is permitted via written correspondence and telephone. No visits;
- Level four: No restrictions necessary. May have contact with a named child only via correspondence, telephone, visits and family visits.
An initial period of monitoring of all correspondence and telephone calls of prisoners presenting a risk to children must be completed. Monitoring may then continue, subject to the interception risk assessment process being carried out and regularly reviewed. Staff monitoring calls and correspondence should be particularly alert to any attempts to groom or manipulate a child or carer. They should also be aware of references made about children in general correspondence. Staff should be aware of any references that suggest a child may be at risk of abuse other than of a sexual nature, including female genital mutilation and abuse linked to faith and belief.
4.8 Correct Identification of Children
It is necessary to take steps to prevent a child being substituted with another possibly more vulnerable child where visits take place. Prison staff monitoring calls, correspondence and visiting areas need to be vigilant and prevent any inappropriate contact where identified.
Four passport style photographs will be required of each child and these should be updated annually or earlier if there is a significant change in a child’s appearance.
4.9 Reviewing Contact Decisions
All contact decisions should be reviewed at least annually, or earlier if there is reason to believe that circumstances have changed or where there has been an increase / decrease in risk. A prison transfer will not automatically trigger a review; the reason for the prisoner’s transfer should be taken into account when deciding whether a review is deemed necessary.
Reviews must be based on updated information from all agencies involved in the original multi-agency risk assessment, and decision-making must be supported by the prison safeguarding risk panel or equivalent. Prisoners must be informed of any change in contact restrictions following a review.
4.10 Appeals Process
All prison establishments have procedures for prisoners who wish to appeal a decision to restrict contact or not to permit any contact at all with a child.
In principle, all information taken into account, and the reasons for the decision, should be disclosed to the prisoner, although the prison can determine the form in which it should be shared. There are three options:
- Full disclosure – providing the information as it stands;
- Redacted version of the information – this is suitable where sensitive details are omitted while still providing the prisoner with the information that they need to know;
- A gist or summary of information – this applies where a redacted version does not meet the need for withholding the information.
If any part of the information considered for disclosure has been provided by another agency, the prison must, in writing, inform them of the possibility of disclosure. The prison is not seeking permission to share the information; instead, it is asking the agency whether there are any barriers to or concerns about disclosing (any part of) the information to the prisoner. Reasonable attempts should be made to contact the agency and it should be provided with a deadline for a response.
4.12 The Visit
The passport-style photograph provided at primary carer support stage should be used by visits staff to check the identity of the child attending the visit. Staff should be alert to possibility that an “approved” child could be substituted with another, possibly more vulnerable child.
Where prisoners have been granted time with the child, staff should observe:
- The child’s appearance, including the appropriateness of their dress;
- The interaction between the child and the prisoner, including the child’s body language; and
- Any change in behaviour of the child and/or interaction with the prisoner should the accompanying adult absent themselves from the visiting table.
Any signs of neglect, abuse or distress must be reported using the security incident reporting process. The manager with public protection policy or equivalent should be provided with a copy of the report. An immediate referral should be made to Children’s Services if there is concern for the safety or welfare of a child.