Children and Young People Affected by a Family Member in Prison or Secure Care: Final Report of Short-Life Group

3. Background and context

It is estimated that there could be between 20,000 and 27,000 children and young people experiencing parental imprisonment each year in Scotland^[6][7]. This figure does not include those experiencing a family member in secure care. Families Outside, a national charity that works solely on behalf of families in Scotland affected by imprisonment, believes that this figure may underestimate the actual number of children or young people affected as there is currently no data collected to identify those affected. Families Outside would like to see the rights of children and young people affected by imprisonment better recognised and respected across Scotland. This starts with us knowing who these children and young people are and putting the appropriate support in place.

Having a family member in secure care or prison can have significant and enduring impacts for children and young people. Experience of psychological trauma and Adverse Childhood Experiences (ACEs) such as the imprisonment of a household member can negatively impact on a child’s healthy development and have longer term impacts on a range of health, social and educational outcomes. This particular adversity is associated with a five-fold increase in exposure to other ACEs, underlining the importance of taking a trauma-informed approach.

There has been a significant focus on the experience of children and young people with the aim of improving their outcomes across Scotland with a clear commitment to promoting their rights and voice. A number of legislative and policy introductions have been made to progress this agenda. These include Trauma and Adverse Childhood Experiences (ACEs)^[8], The Promise^[9], GIRFEC refresh^[10], UNCRC incorporation^[11], Siblings in Care^[12], Children’s Care and Justice Bill^[13], the Care Inspectorate’s Care Pathway Review^[14], and the secure care work by the Children and Young Persons Centre for Justice^[15].

Internationally, Recommendation CM/Rec(2018)5 of the Committee of Ministers to Member States concerning children with imprisoned parents (2019) sets out standards and principles for all services which have a part to play when a child’s parent is taken into custody, in order to uphold the rights of the child and promote the child’s wellbeing^[16].

The Promise tells us that “The way Scotland cares must be underpinned by the guiding principle of attachment and must be informed, responsive and reflective about the nature and impact of trauma.”^[17] This principle has guided the work of the Short-Life Group. The recommendations aim to support and maintain attachments between families whenever it is possible to do so and take early action to prevent children and young people from entering the care system.