The Impact of Parental Imprisonment on the Criminalisation and Re-criminalisation of Children: An Examination of Probability, Prevention, and Gender Differences for ‘orphans of justice’.

Prof. Stan Gilmour FRSA, Oxon Advisory CEO and GLEPHA Fellow.

The knowledge of parental incarceration is a critical juncture for multiagency prevention efforts aiming to disrupt the intergenerational cycle of offending. This information facilitates early intervention by identifying at-risk children and families, enabling the immediate implementation of support programs to mitigate negative impacts and deter future offences. Furthermore, understanding the root causes of offending, such as poverty or substance misuse, allows agencies to tailor interventions to address these specific needs, increasing the efficacy of multiagency prevention strategies.

Parental imprisonment often has multifaceted consequences for the entire family unit, including emotional trauma, financial instability, and social stigma.  A multiagency approach ensures a holistic response, providing comprehensive support ranging from mental health services to financial aid and educational programs for all affected family members. 

The collection of parental incarceration data is instrumental in evaluating the effectiveness of prevention efforts, identifying successful strategies, and highlighting areas for improvement. This evidence-based approach enables the refinement of interventions to better break the cycle of offending.

The incarceration of a parent significantly heightens the probability that their children will engage in criminal activities and end up in prison themselves, with longitudinal studies showing that the imprisonment of a parent trebles the likelihood that their child will also end up in prison. This phenomenon is supported by various criminological and socio-ecological theories, and it is influenced by a complex interplay of risk factors, protective factors, and social determinants. Additionally, gender differences play a critical role in how children are affected by parental imprisonment, further influencing their likelihood of criminalisation.

At the present time there is no UK framework to identify when a parent goes to prison, or indeed how many children are affected by parental incarceration.  The UK Ministry of Justice is due to produce updated figures on 13 June 2024, but estimates to date put the figure at around 300,000 affected children in the UK.

Awareness of parental incarceration can empower a proactive, comprehensive, and evidence-based approach to preventing intergenerational offending. By addressing the root causes of criminal behaviour and providing tailored support to families affected by incarceration, multiagency efforts can substantially reduce the risk of future offending and foster healthier, safer communities.  To do this they need, at the very least, the data and information to identify when a parent is sent to prison.

Criminological Theories and Socio-Ecological Models

Several criminological theories provide a framework for understanding the increased probability of criminal behaviour among children of incarcerated parents, for example: Strain Theory posits that individuals may resort to delinquency when they experience significant stress or strain, such as the emotional and financial hardships resulting from a parent's imprisonment. Social Learning Theory suggests that children may imitate criminal behaviours observed within their family, especially if such behaviours are perceived as normative. Labelling Theory highlights the impact of societal labels, where children of incarcerated parents may be stigmatised as future criminals, leading to a self-fulfilling prophecy.

The socio-ecological model (SEM) further elucidates the multiple levels of influence on a child's development, ranging from individual characteristics to broader societal factors. At the individual level, children may face psychological challenges, including trauma and anxiety. At the relationship level, supportive caregivers and positive relationships serve as protective factors, mitigating some adverse effects. Community-level influences, such as access to social services and educational support, can provide stability and resources. At the societal level, economic policies and cultural norms play a crucial role in shaping the environment in which these children grow up.

Risk and Protective Factors

The incarceration of a parent exposes children to a multitude of risks that extend beyond the immediate familial disruption. These risks encompass wide-ranging social, health, and economic dimensions, including an increased likelihood of criminalisation. Research indicates that children of incarcerated parents are at a significantly higher risk of developing mental health problems, including anxiety, depression, and post-traumatic stress disorder (PTSD). These mental health challenges are often exacerbated by the trauma of separation, stigma, and financial strain associated with parental imprisonment.

Furthermore, children of incarcerated parents are more likely to experience physical health issues, including a higher prevalence of traumatic brain injuries (TBI) due to increased exposure to violence and neglect. The link between parental incarceration and poverty is well-established, as families often lose a primary source of income and face additional expenses related to legal fees and prison visits. This financial strain can lead to housing instability, food insecurity, and limited access to healthcare and education.

Discrimination and social stigma can also contribute to the marginalisation of children with incarcerated parents. They may face exclusion from social activities, bullying, and difficulty accessing essential services due to their family's circumstances. The cumulative impact of these risks increases the likelihood of children engaging in delinquent behaviour and becoming involved in the criminal justice system themselves, perpetuating the cycle of intergenerational offending.

Protective factors, such as stable caregiving, mentoring, community support, access to mental health services, financial, housing, and educational support, can help buffer against these risks and promote resilience.

Social Determinants and Adverse Childhood Experiences (ACEs)

The social determinants of health, including economic stability, education, social and community context, health and healthcare, and neighbourhood environments, significantly impact the outcomes of children with incarcerated parents. Parental incarceration is recognised as an Adverse Childhood Experience (ACE), which is linked to long-term health and behavioural issues. Addressing these determinants and mitigating the impact of ACEs through comprehensive multiagency and community support is crucial in preventing negative outcomes.

Public Health Approaches to Prevention

Public health approaches to preventing the criminalisation of children with incarcerated parents emphasise early intervention, family support programs, education and awareness, and policy advocacy. Early identification of at-risk children and providing targeted support can prevent the onset of negative behaviours. Family support programs, including parenting classes and economic assistance, can help maintain family stability. Education and awareness campaigns can equip teachers, healthcare providers, and community leaders to better support these children. Advocacy for policies that reduce incarceration rates for non-violent offences and support family unity is also essential.

The Role of the Police

The police play a critical role in minimising the trauma experienced by children during the arrest of a parent. Ensuring that arrests are conducted in a manner that reduces trauma, such as avoiding arrests in the presence of children, is vital. Providing referrals and resources to social services can help connect affected families with necessary support. Community policing efforts that build trust within communities can also reduce stigma and improve access to support services.

The Role of health services

Health services play a pivotal role in preventing the adverse effects of parental incarceration and subsequent criminalisation of children through early identification, intervention, and comprehensive support. By conducting regular health check-ups and screenings, health professionals can detect signs of trauma and psychological distress in children, enabling timely mental health interventions such as therapy and counselling. These interventions are crucial in mitigating the development of behavioural issues that could lead to criminal activities. Moreover, health services contribute to prevention by educating parents, caregivers, and communities about the impacts of parental incarceration, thereby fostering awareness and understanding. Substance misuse prevention and treatment programs address one of the root causes of criminal behaviour, supporting both parents and children. Through holistic care coordination with law enforcement, community services, and charities, health services ensure that all aspects of a child's well-being are addressed, from physical health to emotional support. Family support programs, including family therapy and parenting classes, further strengthen family resilience. Additionally, preventative health initiatives promote overall well-being, contributing to the development of healthier, more resilient communities. Thus, health services are integral to creating a comprehensive, trauma-informed approach that prevents the criminalisation of children and supports the formation of self-healing communities.

The Role of Stigma in Poor Help-Seeking Behaviours

Stigma plays a significant role in hindering help-seeking behaviours among parents, caregivers, and children of incarcerated parents. The negative societal perceptions and stereotypes associated with having an incarcerated parent can lead to feelings of shame, embarrassment, and fear of judgment. This stigma can manifest in several ways:

Internalised Stigma: Children may internalise the negative labels associated with their parent's imprisonment, leading to low self-esteem and self-worth. This internalised stigma can make them reluctant to seek help, as they may feel undeserving, or fear being perceived as problematic.

Social Isolation: The fear of being judged or ostracised can cause children to withdraw from social interactions and support networks. This isolation further reduces their opportunities to seek and receive help from peers, teachers, and community members.

Distrust of Authorities: Children who experience stigma may develop a distrust of authorities and institutions, including schools, health, social services, and the police. This distrust can prevent them from accessing the support they need, as they may fear that their association with their incarcerated parent will lead to negative consequences or further stigmatisation.

Barrier to Disclosure: Stigma can act as a barrier to disclosing their situation to others. Children might avoid sharing their experiences with trusted adults or professionals who could provide support, leading to unaddressed needs and worsening outcomes.

Addressing stigma requires a multi-faceted approach, including public awareness campaigns to change societal perceptions, training for professionals to handle such cases with sensitivity, and creating safe spaces where children feel comfortable seeking help. By reducing stigma, we can encourage better help-seeking behaviours and ensure that children affected by parental imprisonment receive the support they need.

Gender Differences in the Impact of Parental Imprisonment

Gender differences significantly influence how children are affected by parental imprisonment. Research indicates that boys are more likely to exhibit externalising behaviours such as aggression and delinquency, which increase their interactions with the criminal justice system. In contrast, girls tend to exhibit internalising behaviours such as depression and anxiety, which can lead to exploitation and self-harm. Although these behaviours might not directly lead to criminalisation, they still pose significant, physical health, emotional, and psychological challenges. Maternal incarceration tends to have a more profound impact due to the primary caregiving role mothers often play, leading to greater instability for children.

Importance of Good Quality Collaborated Data

Good quality collaborated data is essential for accurately identifying the prevalence of risk and protective factors among children with incarcerated parents. In the UK context, the lack of centralised and systematically collected data on children affected by parental imprisonment poses significant challenges to understanding the full scope of the issue. Without reliable data, it is difficult to design effective interventions, allocate resources appropriately, and monitor the outcomes of support programs.

Effective data collection involves collaboration between various agencies, including criminal justice, social services, education, and healthcare. This collaboration ensures that data is comprehensive and includes critical information about when a parent goes to prison, the duration of imprisonment, and the specific needs of the affected children.

For instance, the ability to identify when a parent is imprisoned allows for timely interventions that can mitigate immediate negative impacts on children, such as providing emotional support and ensuring continuity in education and caregiving. Moreover, longitudinal data tracking can help assess the long-term effects of parental imprisonment and the efficacy of different support strategies.

The Need for Disaggregated Data by Gender

Disaggregated data by gender is crucial for mainstreaming gender and human rights into prevention, for several reasons:

Understanding Differential Impacts: Boys and girls are affected differently by parental imprisonment, although the risk factors are the same, they operate differently. Disaggregated data allows researchers and policymakers to understand these differences in detail, tailoring interventions to address specific needs more effectively.

Targeted Interventions: With gender-specific data, programs can be designed to target the unique challenges faced by boys and girls. For example, boys might benefit more from interventions aimed at managing externalising behaviours, while girls might need more support for dealing with internalising issues such as anxiety and depression.

Resource Allocation: Accurate, gender-disaggregated data helps in the efficient allocation of resources. Understanding which gender is more vulnerable in certain contexts can guide the distribution of support services, ensuring that both boys and girls receive appropriate and equitable support.

Policy Development: Policymakers need precise data to create informed policies. Gender-disaggregated data ensures that policies address the distinct needs of boys and girls, leading to more effective and comprehensive support systems.

Monitoring and Evaluation: Disaggregated data allows for the monitoring and evaluation of gender-specific outcomes. This helps in assessing the effectiveness of interventions and making necessary adjustments to improve their impact.

Children of incarcerated parents face a significantly heightened probability of criminalisation due to a combination of biological, environmental, and social factors. Addressing these risks requires targeted interventions that consider gender differences and aim to provide stability, support, and positive role models. Comprehensive strategies involving early intervention, family support, community engagement, and policy advocacy are essential to mitigate the adverse effects of parental imprisonment and promote healthier developmental outcomes for these children. Good quality collaborated data, including gender-disaggregated information, is crucial for accurately identifying risk and protective factors, enabling timely and effective interventions, and ultimately reducing the intergenerational transmission of criminal behaviour. Additionally, addressing stigma is vital to improve help-seeking behaviours and ensure that affected children receive the necessary support to thrive despite the challenges of their circumstances.

Implementation

Case Study: Operation Paramount – Reducing Harm to Children of Incarcerated Parents

Operation Paramount is a UK initiative designed to mitigate the adverse effects of parental imprisonment on children. Supported by Children Heard and Seen, a charity dedicated to supporting children impacted by parental incarceration, and Thames Valley Police, this collaborative effort aims to reduce the risk of criminalisation and improve the overall well-being of affected children.

Objectives and Framework

The primary objectives of Operation Paramount are to:

Provide Immediate Support: Ensure that children receive immediate emotional and practical support following the incarceration of a parent.

Reduce Trauma: Minimise the trauma associated with witnessing a parent's arrest, parental incarceration, and dealing with the aftermath.

Improve Outcomes: Enhance long-term outcomes for these children by offering sustained support and resources.

Facilitate Community Integration: Help children maintain connections with their community and prevent social isolation.

The success of Operation Paramount relies on the strong collaboration between Children Heard and Seen and Thames Valley Police. By working together, they ensure a holistic approach to supporting children of incarcerated parents. This exemplifies a proactive, compassionate, and solution-oriented approach, by providing immediate intervention, psychological and educational support, and reducing stigma, the initiative aims to prevent the intergenerational transmission of criminal behaviour and promote healthier developmental outcomes for these children. Through collaborative efforts, Operation Paramount ensures that affected children are not overlooked and receive the comprehensive support they need to thrive.

The UK Parliament's Children (Parental Imprisonment) Bill, introduced by Labour MP Kerry McCarthy, represents a significant legislative effort to address the unique challenges faced by children whose parents are imprisoned. This bill aims to establish comprehensive measures to protect and support these children, mitigate the adverse effects of parental incarceration, and ensure their well-being and development.  It would do this by requiring the government to put in place national guidelines on children with a parent in prison. It would oblige the state to identify children affected, at the point at which their parent is sentenced. It would introduce accountability for extending much needed support to these children to prevent harm. As Kerry McCarthy pointed out when introducing the bill: “Some children who have a parent in prison might be doing just fine, but the chances are that they are not, so we need to know who they are, where they are, how they are coping and who is looking after them. They are not to blame; it wasn’t them.”

In Conclusion

Law enforcement collaboration to identify parental incarceration plays a pivotal role in preventing the criminalisation of children, offering multifaceted benefits to families and society. By sharing information and coordinating efforts, law enforcement agencies can better understand and address the unique challenges faced by children of incarcerated parents. This proactive approach helps in providing targeted support services, such as counselling and mentorship programs, which can mitigate the adverse effects of parental imprisonment. Furthermore, collaboration fosters a more compassionate justice system that prioritises the well-being of children, reducing their likelihood of engaging in criminal activities. 

Health services are crucial partners in law enforcement collaboration to address parental incarceration and prevent the criminalisation of children, as they provide essential support that extends beyond the justice system's reach. These services can identify and address physical, mental, and emotional health issues that children of incarcerated parents often face, offering vital interventions such as therapy, medical care, and substance misuse treatment. By integrating health services into this collaborative effort, children receive comprehensive care that addresses trauma and stress, which are significant risk factors for future criminal behaviour. Additionally, health professionals can offer preventive care and wellness programs that build resilience, helping children develop coping mechanisms and healthy lifestyle habits. This holistic approach ensures that children receive the support they need to thrive, reducing the likelihood of negative outcomes and fostering a healthier, more supportive environment that deters criminalisation.

Incorporating community services and charities into the collaboration between law enforcement and health services amplifies the benefits of identifying parental incarceration and preventing the criminalisation of children. Community services and charities offer a wide range of resources, including educational support, mentorship programs, and recreational activities that can significantly improve the lives of affected children. These organisations often have deep roots within the community, providing culturally sensitive and locally tailored interventions that enhance the effectiveness of support programs. By leveraging the strengths of community-based initiatives, children receive consistent and personalised assistance that promotes their social and emotional development. Additionally, charities often fill gaps in government services, offering financial aid, housing support, and food security, which are critical in stabilising families and preventing further stress and adversity. This comprehensive, community-centric approach not only helps break the cycle of intergenerational crime but also builds stronger, more cohesive communities where children can flourish.

Together, these coordinated efforts create a network of support that empowers families to heal from the inside out. By addressing the root causes of trauma and providing consistent, compassionate care, these initiatives enable communities to develop their own strengths and resilience. This trauma-informed approach not only helps individuals heal but also fosters a community-wide culture of empathy, understanding, and mutual support, ultimately leading to self-healing communities that are stronger and more cohesive.