New Report explores access to family justice for women in prison
A new report by Shona Minson provides an in-depth analysis of the systemic barriers that hinder imprisoned mothers from participating effectively in family proceedings, thus undermining the principles of fairness and equality that are fundamental to the justice system.
The report is based on empirical research undertaken by Shona Minson during a British Academy Fellowship at the Centre for Criminology. Data was collected from the case files of prison based social workers working in two women’s prisons, and from qualitative interviews with social workers and judges of the Family Court of England and Wales. It is the first piece of research to consider mothers in prison and their Article 6 right to a fair trial in the family courts.
Beyond the Barriers: Exploring access to family justice for women in prisons in England and Wales makes recommendations across four areas where collaborative change is necessary to address the current barriers to participation in family court proceedings for mothers in prison. These areas are, improved communication channels; training and education for social workers, lawyers, judiciary and prison staff; enhanced legal support, and improved case management.
Improved practice will ensure that the best interests of children are served in family proceedings involving imprisoned parents. The Family Justice Council, chaired by the President of the Family Division of the Courts of England and Wales, in association with key stakeholders in other areas such as prison, courts, social work and the delivery of legal services, are working alongside Dr Minson to use the report’s findings to improve the delivery of procedural justice to mothers in prison.
A webinar to mark the publication of the report took place recently. Dr Shona Minson discussed the findings and recommendations in conversation with prison social workers, Katia Parent and Becky Wray. The webinar is available to watch on the Law Faculty’s YouTube channel.
The United Nations Convention on the Rights of the Child 1989 Article 2 states that every child should be protected from discrimination or punishment, including that which they suffer because ‘of the status or activities of their parents’. The Human Rights Act 1998 gives them a right to family life under Article 8, and under Article 14, a right to enjoy rights without discrimination.
Dr Minson’s earlier research conducted in England and Wales found that children whose primary caring mothers are sentenced to imprisonment suffer procedural discrimination and their rights under the UNCRC are not upheld. She specifically references Article 3 – for their best interests to be a primary consideration in any proceedings concerning them; Article 12 – their right to be heard in any proceedings concerning them, and Article 20 – the right to special protection and assistance from the state if separated from their parents. She found that the consequences of parental imprisonment for children are both wide ranging and long term, extending far beyond the length of the sentence itself.
Many mothers in prison will be a party to family court proceedings which were ongoing prior to their imprisonment or were initiated as a consequence of their imprisonment. In the course of these proceedings, decisions are made about the care arrangements for children which will often be determinative of the children’s future trajectories. It is in the best interests of a child if their mother is able to fully participate in those proceedings. Therefore, if a sentence of imprisonment prevents a mother from participation in proceedings, it follows that her child is the subject of further ‘discrimination as a consequence of the status of their parent’ contrary to Article 2 of the UNCRC.