NIACRO works to reduce crime and its impact on people and communities

NIACRO’S RESPONSE TO THE NORTHERN IRELAND PRISON SERVICE MANAGEMENT OF MOTHERS AND BABIES  CONSULTATION DOCUMENT

October 2006

1 .   Introduction

1.1NIACRO, the Northern Ireland Association for the Care and Resettlement of Offenders, is a voluntary organisation, working for 35 years to reduce crime and its impact on people and communities.  NIACRO provides services under the headings of: promoting safer communities; working with children and young people who offend; providing services to families and children of offenders; supporting offenders and ex-prisoners in the community; working with prisoners. 

1.2NIACRO has links with, receives funding from, and/or works in partnership with all the main criminal justice agencies in Northern Ireland.

1.3NIACRO is pleased to contribute comments as requested by the Northern Ireland Prison Service (NIPS) on the management of Mother and Babies Policy. 

1.4NIACRO has extensive experience of working both in the prisons and in providing family support services in the community.  We base our comments on the wealth of that experience and the ongoing relationship we have particularly with families and children of prisoners through our Visitor Centres, Family Links and associated services.

2.Policy Overview

2.1The issue of the imprisonment of women remains a pertinent and difficult issue.  NIACRO is concerned that the focused Resettlement research which it endorsed, completed in October 2005, recommending that a centre for women offenders be established in Belfast has not visibly progressed. NIACRO believe that the establishment of an alternative centre, with both residential and day provision would improve the outcomes for women offenders and their children and that plans for such a centre should be progressed immediately.

2.2The difficulties highlighted by NIACRO and others about the decision to move women prisoners from the purpose built facility at Mourne House to Ashe House at Hydebank Wood have not been fully overcome since the move took place.  While there has been some refurbishment and decoration of Ash House there are still issues in relation to equitable access to education and employment opportunities, separate visiting facilities, child centred visits and reintegration support.

2.3All of this has a direct bearing on the Mother and Baby policy as it is the intention of NIPS to place mothers and children in Ash House within larger cells/rooms. Therefore, the facilities and atmosphere for the women in Hydebank Wood has a major impact on whether the mother and baby policy can be successful or not.

2.4It is essential that a child friendly area be created on the landing where mothers and babies are going to live.  The area needs to be suitable for babies and toddlers and gated to ensure their safety.  NIPS needs to create an appropriate outside play area for children and their mothers which could also be used for family fun days and possibly for child centred visits with the young men.

2.5The recent trend in sentencing to imprison more women in Northern Ireland will also have a direct impact on the ability of NIPS to adequately meet the needs of the women prisoners. It will have a knock-on effect with a probable increase in the number of women who are pregnant or who have young children for whom they are primary carers.

2.6NIACRO believe that pregnant women and mothers of very young children should only be imprisoned where there is a direct risk of harm to the public and that those passing sentence should take into account the impact on an unborn child and young children already in their mother’s care when considering sentencing for the majority of offences.  The establishment of the centre as referenced above would give the courts a real alternative.

3.The Policy

3.1Purpose.   We endorse the statement that the best interests of the child are of paramount importance for “NIPS and all parties to decision making “about whether a baby/child should be placed in a prison environment with their mother.

3.2The purpose should also include the importance of establishing and maintaining the bond between mother and child as the most important attachment for the child.  The statement needs to emanate from a children’s rights perspective and maintain that perspective throughout the policy.

3.3Specifically the policy should reference the UNCRC Articles 2(1); 6(2); 9(1); 12(1) and 18(1) also taking into account the rights and responsibilities of parents; the right to family life without interference; the right to educational, social and emotional stability for the child etc. The policy should be underpinned by these parts of the Convention in line with the best interests of the child as stated above.

3.4Therefore, the policy will be directly linked to providing the most appropriate environment for a child rather than trying to make the child’s needs fit with the prison regime and the physical shortcomings of the prison buildings.

4.Introduction

4.1This whole section is written negativelyrather than illustrating why NIPS is supporting the right of mothers in prison to have their children with them, the right of a child to be with their mother and the benefits that will flow for mother, child and NIPS.

4.2Point 1.3.  The assumption should be that a mother or pregnant woman will keep her child with her in prison and that only in circumstances where there is an assessed risk to the child will such a right be suspended.

4.3Point 1.4   It is unclear what this means.  The mother’s behaviour in the prison will be dealt with under Prison Rules and child protection procedures and unless such behaviour puts the child directly at risk the child’s right to remain with their mother should be the paramount consideration.

4.4Point 1.6.This points out the difficulty with the whole policy.  The decision to remove a child at 9 months cannot be based on the child’s best interests as this is one of the worst stages in a child’s development to remove them from their primary carer.  The decision to have a cut off date of nine months is obviously based on the physical shortcomings of the prison and is unacceptable.  Children should be enabled to remain with their mothers for up to four years and the prison environment must be adapted to allow them to do so safely and with their physical, social, educational and emotional needs met.

4.5It is unacceptable to punish mothers and children because the physical infrastructure is not able to cater for toddlers and this undermines the whole policy.

4.6Points 1.8, 1.9, 1.10.  Mothers must have access to all documents regarding their baby and themselves.  It is unclear what format the daily life log referred to in 1.9 will take and what staff are going to be asked to record in this log.  If it is comments on parenting then staff will need to be appropriately trained to do this i.e., health visiting, child care or social work training otherwise it is obviously inappropriate to ask prison staff to comment on a mother and child relationship except as a casual observer.  NIPS must recognise that this is problematic and acknowledge that value judgements are not to be applied .The only safeguard from this is for appropriate trained staff to assess the parent/child relationship and for prison staff to record the details of the prisoner’s routine as they normally would.

4.7Point 1.11 Once again, very negative and not in the appropriate place as this will be included in Prison Rules, the signed agreement with mothers, child protection and health and safety procedures.

4.8Point 1.12 A positive statement which should extend not just to the actual rooms for mothers and babies but into the landings, House and prison itself.

5.Application Process

5.1Point 2.1. Identification of those who are pregnant or carers of young children may also include Probation staff as part of the committal interview process.  Family Links staff and the family liaison officers may play a supportive role here for the family in the community.

5.2Points 2.2 and 2.3 Good.

5.3Point 2.4.The fact that the prison is not equipped to accommodate children above 9 months is not acceptable and NIPS must take steps to change this situation urgently.  It is positive that all women can apply but undermines NIPS commitment to this policy if that is just a technical act given the prison has already decided on a cut off point of 9 months.

5.4Point 2.6. The Social Services report should also include the father’s view, his role in caring for the child, both extended families’ views and the role they wish to play both at present but also as an important resource for the child to spend time outside the prison.

5.5The report may also include a view as to whether the mother is to be the primary carer for the child on discharge.

5.6Whether a mother is breastfeeding or not should not be used as part of the criteria as it could be seen as putting undue pressure on an expectant or new mother to breastfeed when that may not be their choice or they are unable to do so.  The majority of women still do not breastfeed their children and many more who try are unable to do so and using this as a criteria would be unfair and treat women in an unequal manner.

6.Admissions Board

6.1NIACRO welcome the fact that the Chair will be an independent person and we would like further clarification of the qualifications and experience of the independent person NIPS will be requesting to take on this role.

6.2The Board should also include the father and extended family of both parents particularly as they will play a vital role in the child’s experiences of family life outside the prison as well as in supporting mother and child both in the prison and on release.

6.3Parenting support staff such as Barnardo’s should be on the Board.

6.4The admission criteria includes an assessment of the mother’s behaviour as it may affect other prisoners and good discipline on the landing.  This may well act against the overall aim of the policy which is to act in the best interests of the child .It reinforces the view above that mothers and children should be accommodated in a purpose built unit which supports them and is not intrusive for other female prisoners.

6.5The placement of a child’s name on the Child Protection Register is not a legal process and should not be portrayed as one.  The Social Services Report will cover this issue in detail including whether this information has implications for the care of this child. The same is true of whether the child or any other children of the mothers are or may be on a care order.

6.6Point 3.4. The chair must always interview the applicant before the Board sits as this is in line with good practice and Human Rights. It is essential to ensure that the applicants’ views are heard in a supportive, private arena as their attendance at the board is likely to be a difficult and intimidating environment for them to voice their views.

6.7Point 3.10 .This is inappropriate as a criterion as the risk the mother poses to her child and what is in the best interests of that individual child is the paramount consideration.  The expectations of the mother as regards her behaviour in prison and as a parent for her child while in prison will be part of the agreement that she signs.  The child should not be denied the right to be with their mother because the prison regime is unable to offer appropriate conditions for them to live in or because they believe that the mother may behave badly within the narrow confines of Prison Rules.  If the mother’s subsequent behaviour is inappropriate then that will be dealt with as part of the agreement and separation procedures.

6.8Point 3.12. This is again inappropriate as the living conditions for a child outside a prison will always be preferential to being within the confines of a prison and the lack of freedom and choice that that entails.  However, it is in the best interests of children to be with their primary carer and for their future development that they remain with that carer despite the negative circumstances that the primary carer may live in.  NIPS, Social Services, other agencies and family members have a role to play in ensuring that the prison environment is adapted to enable children to develop appropriately and that they have regular open access to services and resources outside the prison.  The child is not a prisoner.

6.93.15 – 3.20.The length of a mother’s sentence is not a criterion for deciding whether a mother and child should be together in prison or not. The primary bond will be between the mother and child, and should be maintained for as long as possible up to 4 years. This allows the child to form other attachments secure in the primary attachment that they have formed.  It is extremely detrimental to children to be denied their primary attachment as all the research clearly shows and they must be enabled to maintain that attachment despite the parent being a prisoner.

6.10The research clearly indicates that children who form good primary attachments in their early years are better able to form positive attachments if they are then unable to be with their primary carer for any reason. Nine months is not an appropriate age to separate a mother and child and this arbitrary age limit cannot be decided on because of the physical limitations of the prison as this is not in the best interests of the child.

6.11Whether a mother is serving a long sentence or not, the decision to place a baby or child with the mother should be based on the best interests of the child. This will almost always be to place the mother and child together.  It is then the responsibility of NIPS and others to ensure that the child’s welfare is promoted despite living in the confines of a prison.

6.12Given the above 4.3 should be changed.

6.13Point 4.11. The mother must always be involved in planning the separation whether an emergency situation or not.  The mother is essential to her child and must be allowed her parental role in supporting the child whether she agrees with the separation or not.

6.14In the event of the Admissions Board and the Governing Governor disagreeing on the recommended placement of a mother and baby, what role does the Chair have in supporting a mother’s appeal. Does the Chair have a right of appeal on behalf of the Board to NIPS Headquarters and to the Prisoners Ombudsman?

6.15Where an applicant is conditionally refused a place what are the support mechanisms that will be put in place to support her to address the concerns raised?  The support should include specialist support from Parenting organisations, drug and alcohol support, mental health support, family support and any other support that she may need.  Will this be available to her?

1. General Principles and Staffing.

7.1All staff who will work with female prisoners and specifically with mothers and babies/children must have training in all the area’s specified.  They should also have parenting and child development training and access to professionals who are trained in all those areas.

7.2The issues surrounding the separation of mother and child is a specialist area of work and staff should receive at least basic training in this area but the key interventions around separation must be carried out by workers from Social Services or other childcare organisations who are specialists in this area.

7.3The staff ratio of female officers to male officers must be increased on the landing where mothers and babies/children are going to live.

8.Child Care Planning.

8.1The child care plan must also include contact with external resources, such as cr?ches and nursery places, and the major role that the father and/or extended family are going to play in the care of the child. 

8.2The plan should clearly set out what arrangements are going to be made for the child to spend time outside the prison either with or without the mother.  In particular, positive time with the child’s father and extended family including overnight stays.  This is important whether the father or extended families are likely to care for the child on a permanent basis or not.  The child has a right to attach to their father and extended family while being cared for by their mother whether she is a prisoner or not.

8.3The father and family should be offered support with their role as important attachments for the child by Family Links, Barnardo’s and other agencies in the community

8.4The mother should always be allowed to have independent support that she chooses with her at meetings including the Admissions Board, care planning meetings, review meetings etc., This is essential as the mother is in an extremely vulnerable position both as a prisoner whose liberty is restricted and also as a mother who is having to manage the difficulties of parenting within a restricted environment.

8.5Point 8.7 This is referred to in many of the points above and reinforces the point that mothers and babies/children should be housed in a special, purpose built unit which offers them a safe, child friendly haven within the confines of a prison.  It will be extremely difficult to achieve quiet orderly landings which are fit for children to live on within the ordinary Houses of any prison and Hydebank Wood in particular.  The mother will still be subject to the vagaries of prison life while also trying to parent a child successfully and this is bound to lead to difficulties at times.  There are also the concerns of the other prisoners on the landing to be considered which could result in conditions which are far from ideal for the placement of either mother or child.

8.6Point 8.8 .The care plan should specify what types of behaviour may lead to the Prison considering separating mother and child and what safeguards will be in place to ensure that decision is necessary.  The Chair of the Board, Social Services and other relevant agencies should all be involved in this decision making process and all steps must be taken as early as possible to ensure that the mother is offered appropriate support to prevent the child needing to be removed.  The removal or threat of removal of a child cannot be used to punish a mother or to get a mother to abide by the prison regime if they believe it is unfair.

8.7Point 8.9 NIACRO would like to see the procedures and training that will ensure that searching of babies is carried out sensitively.  We would also like to know when babies are to be searched and the reasons for those searches.  For example, are babies to be searched after visits, home visits to family, health visitor examinations etc., NIACRO believe that it is unnecessary for babies to be searched on a regular basis just because they live in a prison and that any search should be based on an up to date risk assessment or intelligence. The mother or other primary carer should always be present.

8.8Regimes.  NIACRO welcome the view that mothers with babies/children in prison will have access to all the opportunities for training, education and offender behaviour programmes.  However, in order for this to be realistic, a cr?che or nursery area will need to be provided with trained child care workers in the prison.  Indeed, this could be seen as an opportunity for prisoners who are interested in this area of work gaining experience and completing accredited training courses prior to their release.  If this is not possible, then the baby/child should be placed in a local cr?che or nursery in order to support the mother completing training, education and work opportunities.

8.9NIACRO welcome the inclusion of parenting skills as an area of support for mothers but would like this to be further emphasised as available for all mothers or pregnant women through accredited programmes and individual support from trained staff.

8.10Contact with the Family and Community.  This part of the policy needs to be strengthened in line with the points made above about the importance of the child bonding with other important family members, in particular, their father, extended family and friends of their mothers.   The family should be offered child centred visits and participation in family fun days or parties.  There must also be a planned series of overnight stays and participation in family events as appropriate to the child’s age and in line with the child care plan.

9Separations.

9.1NIACRO welcome the recognition in this policy that for a mother to be separated from her children is a very damaging experience for both parties but in particular for the children.  NIPS must do all it can to ameliorate the damage caused to children by enforced separation including extending child centred and family visits, transport, child care support, participation in Book and Tape Club activities or equivalent, extended and extra visits when it is in the best interests of the children.  The child’s carers must be offered direct practical and emotional support by referral to Family Links. The Prison Family Liaison Officers must also be available to the prisoner and the family to help with any practical difficulties that may arise.

9.2We have already commented on the issues around separation above and in particular, would draw your attention to our view that 9 months is much too young to remove a child from their mother. It is NIPS’s responsibility to ensure that the environment within the prison enables children to stay with their mothers for up to the age of 4.

9.3We also reiterate the point above that separation of mother and child and the plans to do so are a specialist area of work that should be provided by the local Social Services department or registered child care agency who should undertake this work.  They can offer advice to prison staff and the Separation Board but the primary work to enable the mother and child to be separated with the least amount of damage to the child must be handled by appropriately trained professionals.

9.4The mother and child relationship can and must be maintained if the child is separated from the mother.  NIPS have a responsibility to ensure that all the supports mentioned in 9.1 above are immediately available to a mother when her child has been separated from her.

9.5The make-up of the Separation Board should be the same as that of the Admissions Board and the review process should ensure that this Board is fully informed of the ongoing plans for the child and mother.  Therefore, the Separation Board will primarily be ensuring that an agreed separation plan is carried out and that it remains in the best interests of the child to separate them from their mother at the agreed time specified in their child care plan.

9.6If a child is removed from their mother in an emergency, the Separation Board should be convened within 48 hours to review the decision and to decide whether it is in the child’s best interests to remain apart from their mother and in what circumstances and when the child may return to their mother’s care in the prison.

9.7The mother will require independent support in all meetings as stated above.

9.8Point 15.9. It is not clear what checks are referred to here.  We presume that Social Services checks are carried out as stated in the next point so it is unclear what further checks other than identity the prison will be able or want to carry out.

10.       Conclusion.

10.1NIACRO remain very concerned that the difficulties of holding the female prison population on site with the young offenders centre remain as this will have a direct bearing on how successful the policy for mothers and children can be.

10.2NIACRO accepts that NIPS have attempted with this policy document to provide a framework for the management of mothers and babies. However we believe that is operation will be fundamentally flawed by the physical constraints of the prison building itself.  It is not enough to increase the space in some cells to enable a baby/child to be kept with their mother the whole landing, House and indeed prison must become a child friendly and supportive environment.

10.3NIACRO reiterates its support for a centre for women prisoners to be created in Belfast in order to ensure that very few women prisoners need to be held in Hydebank Wood.

10.4NIACRO also believe that building a purpose built unit for mothers and babies is the only way to ensure that the policy can indeed be implemented from the viewpoint of the best interests of the child.

10.5The decision to have a cut off date of nine months is obviously based on the physical shortcomings of the prison and is unacceptable.  Children should be enabled to remain with their mothers for up to four years and the prison environment must be adapted to allow them to do so safely and with their physical, social, educational and emotional needs met.