New law means all prisoners will be asked for details of any dependent children they have

Scotland’s leading children and young people’s charities are celebrating after MSPs agreed to legally recognise the needs of children who have a parent sent to prison.

Barnardo’s Scotland, Families Outside and NSPCC Scotland say the decision to support an amendment, tabled by Mary Fee MSP to the criminal justice (Scotland) bill, is a landmark moment.

Fee’s amendment establishes a legal requirement that all prisoners will be asked for details of any dependent children they have, this information will then be passed to the named person for that child who can make an assessment of impact and subsequent need.

I was left with three children and no offer of support. No one, including me, had any idea how this would impact on the children

Martin Crewe, director of Barnardo’s Scotland, described the decision as a significant step forward in working out how to help and support children affected by the imprisonment of their parents.

Currently there isn’t even a way of knowing how many children have a parent imprisoned – though the charities estimate that there are around 27,000 affected each year.

“All too often these children are the hidden victims of crime,” Crewe said.

“The children and families we work with tell us that the stress and anxiety of having a parent in prison is something that is often overlooked by the services that should be there to support them.

“This amendment puts the requirement to recognise their needs on a statutory footing and crucially makes links with the provisions in the Children and Young People (Scotland) Act 2014.

“We are looking forward to working with the Scottish Government to build a framework which supports the implementation of the new duty.”

Professor Nancy Loucks of Families Outside, which works solely with families involved in the criminal justice system, looked forward to exploring what actions are taken to mitigate the negative impact of parental imprisonment on children and their families.

She said: “We need to recognise that offending is about far more than the offender.

“We need to take the wider view and focus not solely on the sentence in relation to the offence but on those affected by the sentence.”

Jennifer, a mother of three, supported by Families Outside, added: “When my partner went to prison, no one asked me if we had any children or if I needed help.

“I was left with three children and no offer of support. No one, including me, had any idea how this would impact on the children.

“I could definitely see a difference in them, I could see they were just hurting and their behaviour changed.

“If someone had known about my circumstances they could have linked me to community organisations who I could have turned to for help.”

Matt Forde, head of service for NSPCC Scotland, said: “The amendments made to this bill mark an important step forward in improving the life experiences of this vulnerable group.

“We look forward to seeing new guidance from the Scottish Government to ensure timely consistent care and support to this neglected group.”