Mothers in the Criminal Justice System Jackie Russell, Director of Women’s Breakout Sue Payne, Re-Unite Development Worker

Women's Breakout Members

Mothers in the CJS Mothers as offenders Victimisation - on two levels An Equality issue? A community-led solution

Mothers as offenders

3,866 Prison population – 6 March % of overall prison population are female (2014) 9,176 Received into custody – year to March % of all prison receptions – 12 months to end March % entering prison sentences of 6 months or less – year to March women on remand - June ,052 women entered prison for breaching a court order The numbers

Two thirds of imprisoned women are mothers of children under the age of 18. A third of these women have children under the age of five, and a further 40% have children aged between five and ten. (2005) More recently the MoJ has estimated that between 24% and 31% of all women offenders have one or more child dependants. (2012) Estimates vary and are inevitably made more problematic by the reluctance of some women to disclose that they have children for fear of the consequences, including possible state intervention. However, in 2010 it was estimated that 17,240 children were separated from their mothers by imprisonment.

Year: 2012 Number% with child dependent matched with claim % with child dependent upper estimate Mean number of child dependents Caution38,15425%33%2.0 Conditional discharge11,50328%34%2.0 Fine22,14124%30%1.8 Community Penalty15,65327%33%1.9 Suspended sentence5,42329%35%2.0 Immediate custody5,62213%19%1.8 Other10,38418%27%1.9 Total109,16624%31%1.9 Female offenders and children

Breakdown in family contact Only half of women who had lived with, or been in contact with, their children prior to imprisonment had a visit from their children while in custody. ‘The uncle drives them to visit their mother ….(which) …..involves an overnight stay ….in the car in a motorway service area.’ One third lose home and possessions Less than one in ten have a successful employment outcome on release compared to 27.3% of men Trebles risk of anti social behaviour of the children Impact of prison on mothers

Outcomes by Offence

Double victimisation

Social characteristics CharacteristicMenWomen Committed their offence in order to support the drug use of someone else 22%48% Have experienced emotional, physical or sexual abuse27%53% Serving a prison sentence for a non violent offence71%81% Have no previous convictions12%26% Have spent time in local authority care24%31% Have symptoms indicative of psychosis15%25% Have attempted suicide at some point21%46%

Victims It is crucial to develop gender-specific sentencing alternatives and to recognise women’s histories of victimisation when making decisions about incarceration. UN Special Rapporteur on VAW, 2014

A wrecking ball ‘Short sentences wreck lives. A few weeks inside can mean that a woman loses her children, her home, her job. Every year about 20,000 children are deprived of their mothers.’ Women in Prison’s Manifesto General Election 2015

An Equality Issue?

The United Nation Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules) Resolution 2010/16 Rule 64 Non custodial sentences for pregnant women and women with dependant children shall be preferred where possible and appropriate, with custodial sentences being considered when the offence is serious or violent or the woman represents a continuing danger, and after taking into account the best interests of the child or children, while ensuring that appropriate provision has been made for the care of such children.

‘Some of the most neglected and misunderstood individuals in our society are the women in the criminal justice system. Although the number of justice-involved women has increased by 115% in the UK in the last fifteen years, the criminal justice system has not adapted to meet women’s needs, which often are quite different from those of men.’ Covington, 2015 ‘One of the major differences between women and men is their risk of experiencing trauma, especially inter personal violence. ’

The Equality Duty To suggest that the consequences of imprisonment for women and their children should be given particular consideration in sentencing is not a discriminatory approach. It recognises the fact that women are much more likely to be the primary or sole carers of children, and that the impact of maternal separation can be severe and lasting. Sentencing of mothers, 2015

An equal sentence? Most women in prison do not present a threat to society and the consequence of their incarceration includes enormous personal, economic and social costs. UN Special Rapporteur on VAW, 2014 “Women’s imprisonment has a harsher effect on the lives of their friends and families and most especially their children, whose lives can be devastated and whose lives too become chaotic. The cycle continues.” Baroness Corston, 2007

Community Led Solutions: The Re-Unite Approach

Their mothers gradually lose the initial confidence and commitment to turn their lives around. ⅔ of women in prison are mothers who were living with their children before they went into prison Every year over 17,000 children in England and Wales are separated from their mother by imprisonment. Only 9% will be cared for by their father in their mother’s absence. The rest are in the care of social services or family and friends Inflexible housing rules can result in a mother only having a room or a one-bedroom property, she is denied the opportunity to regain custody of her children. Children are left ‘in limbo’ lodging with friends or family or in local authority care. Without support the children do less well in school, have three- times the risk of mental health problems and are more likely to become offenders

An intractable problem? The majority of the children of women in custody are in kinship care or in the care of the local authority (12%) during their incarceration. 9% stay with fathers, 5% stay in the family home. Upon release, if they are in social housing and their children are in care, they are only entitled to a bed sit. Social services will not allow children to be returned to the care of the mother if her housing is not suitable for children.

Re-Unite In 2007 following the publication of the Corston Report, Housing for Women and Women in Prison worked with Commonweal Housing to develop Re-Unite to demonstrate that mothers and children who have been separated by imprisonment can be successfully reunited and indeed, thrive when obstacles are removed and when timely support is provided. The approach was originally piloted in South London and rigorously evaluated by independent researchers at the Institute of Criminology, Cambridge University. It has since been refined and re-evaluated based on the researchers’ recommendations and has been extended across the country.

Replication of Re-Unite Twelve organisations deliver the Re-Unite approach Re Unite is delivered by established charities already at the heart of their communities and offers evidence based package of support and housing to support family reunification. Commonweal have provided funding until November 2016, for Women’s Breakout and Anawim Centre to host this network and promote this approach.

Our Goals Mothers lead less chaotic, more healthy lives and desist from offending Children and young people access sufficient support Families are reunited and supported in suitable, stable family housing Children are kept out of the care system (where it is in their best interests)

Our Eight Principles Early in-reach contact Through the gate service Early reuniting with children (where appropriate) Individual, tailored support for women Family treated as an entity Help in finding and securing settled housing User involvement and feedback Move-on support with aim for independence

Impact RE UNITE LONDON Re Unite London has successfully running since 2006 and currently supports on average 18 women and 27 children p.a. Mothers supported by Re Unite London have a re-offending rate of less than 2% 65% of mothers have been involved in meaningful activity at the point of move-on from the project. This includes education, training, volunteering and employment. RE UNITE NATIONALLY 12 organisations deliver Re Unite nationally in 2015 Less than 20% o f women supported by Re Unite nationally have re offended; disengaged or the relationship has broken down: demonstrating positive outcomes from the support they received Over 100 Women across England and Wales have been helped by Re Unite since 2011 Taken from the Commonweal Housing Annual Impact Review Commonweal Housing Annual Impact Review

Contact Details Jackie Russell – Director Women’s Breakout Sue Payne – Re Unite Development Worker