SCOPE OF THIS CHAPTER
This chapter contains procedures and best practice guidance for safeguarding the welfare of children and young people who are visiting or having contact with adults or other young people who are in prison, focusing particularly on contact with persons identified as posing a risk to children.
It reflects National Offender Management Service (NOMS) guidance on 'Providing Visits and Services to Visitors (updated 2016)', the Public Protection Manual (Chapter 5 - Child Contact Procedures) and the principles contained in the Children Act 1989.
Clear and timely communications are essential to ensure that inter agency co-operation takes place and all regulations are implemented in the best interests of the child.
USEFUL GUIDANCE
Are you a Young Person with a Family Member in Prison? (Action for Prisoner's Families)
AMENDMENT
In May 2021, this chapter was refreshed as required.Prisons are required by Prison Service Rules to actively encourage prisoners to maintain meaningful family ties while they are in custody. This includes the provision, where applicable, of regular and good quality contact time with children.
Prison Governors also have duties under s.11 Children Act to safeguard and promote the welfare of children, and, in a prison context, this will include balancing a child's right to on-going contact with parents who are held in custody with the need to ensure any such on going contact is safe and in the child's best interests.
Her Majesty's Prison and Probation Service has in place a range of measures to reduce the risks that certain prisoners, especially those convicted of, or charged with, offences against children may present to children whilst in custody.
Prison staff and those working in visitor's centres should receive training, briefing or guidance as appropriate in safeguarding and child protection. This training should be relevant and proportionate to their likely level of contact with children and families, so they can take appropriate action if concerns are raised during a visit. The establishment - or the service provider - should arrange specific safeguarding and child protection training - rather than safeguarding awareness training - for Family Support Workers, Play Supervisors and Visitor Centre staff who supervise activities for children.
Chapter 2, Working Together to Safeguard Children sets out the following statutory duties which apply to the Prison Service:
Para 36.
The Prison Service is subject to the section 11 duties set out in chapter 2 of Working Together to Safeguard Children.
It also has a responsibility to identify prisoners who are potential or confirmed 'persons posing a risk to children' (PPRC) and through assessment establish whether the PPRC presents a continuing risk to children whilst in prison custody. Where an individual has been identified as a PPRC, the relevant prison establishment:
A prison is also able to monitor an individual's communication (including letters and telephone calls) to protect children where proportionate and necessary to the risk presented.
Governors/Directors of women's prisons which have Mother and Baby Units (MBU) should ensure that:
National Offender Management Service ('NOMS') Instruction (PSI 16/2011) Providing Visits and Services to Visitors provides general guidance on prison visits, including by children.
Practice guidance Children Visiting Prisons: Sharing Good Practice (Kids VIP) provides practical guidance to assist prisons in facilitating family visits, including:
The Strengthening Prisoners' Family Ties Policy Framework provides rules and guidance for prison staff on supporting the maintenance and development of prisoners' relationships with family, significant others and friends.
The overriding factor in allowing any child to visit is whether contact with the prisoner is in that child's best interests. (A child is defined as any young person under the age of 18).
Children and families can maintain contact with a family member in prison in the following ways:
Prisoners are not allowed access to social networking sites or mobile telephones while in custody (although it should be noted that the illegal use of mobile telephones does occur). Children under 18 must be accompanied by an adult when visiting a prison; however in exceptional circumstances and with prior agreement, Governors may allow young people between the ages of 16 and 18 years to visit on their own. The maximum number of adults allowed at each social visit is 3, but there are no restrictions on the number of children who can visit. The prison should be informed if more than 3 children will be visiting, so that appropriate seating arrangements can be put in place.
Family days and child centred extended visits provide an opportunity for prisoners, their children and partners to come together to enjoy and share family time in a more normalised environment. They are characterised by more relaxed interaction and fewer restrictions than at regular visits. The organisation, availability, style of family days, and prisoner eligibility vary across prisons; details of family days should be contained in information provided when a family member is imprisoned.
Children should be provided with age appropriate information about the visits process so they know what to expect; this could include explaining that they may be searched, that dogs who have been trained to detect drugs will be present; that items like mobile phones cannot be taken into visits and that physical contact (hugging etc.) during visits is likely to be restricted.
A risk assessment must be conducted for any prisoner wishing to take part in special children's visits, or other events which includes children and their carers.
If a prisoner wishes to apply to have child contact, the prison must provide an application form for the prisoner to complete. A separate request must be made for contact with each individual child.
It is possible that a request for contact could be made by a parent or from the child directly. If such a request is received the prisoner must be informed and asked if they wish to submit a request for contact.
In general, prisoners identified as Persons Posing a Risk to Children may only apply for contact with children in their immediate family. This includes biological children, step-children, foster children, adopted children and the children of the prisoner's partner provided they were living together as partners in an enduring family relationship before imprisonment. Applications can also be made for grandchildren, siblings, nieces and nephews. Contact with a child outside these relationships should only be allowed in exceptional cases.
See also: Public Protection Manual (Chapter 5 - Child Contact Procedures).
Establishments are required to identify prisoners who have:
All prisoners who have been identified as presenting a possible risk of harm to children must be approached and asked if they intend to request child contact. If a prisoner indicates that he/she does not intend to make an application for child contact, both at the time of asking or at a later date, that response will be recorded, and the prisoner must sign a form to that effect. If the prisoner refuses to sign, the enquiring officer must make a note to that effect.
Establishments must complete a multi agency risk assessment to determine what, if any, contact the prisoner is allowed with a child. Where information is received or the behaviour of the prisoner is seen to indicate a potential risk of harm to a child, then a fully comprehensive risk assessment must be undertaken to determine whether the prisoner should be allowed contact with a child and the extent of such contact.
Risk identification and management must be undertaken in a manner that is proportionate to the individual concerned. Decisions to prevent or restrict contact need to take into account the risk presented by the offender, the needs and best interests of the child, balanced against the prisoner's right to a family life. In all cases decisions will be based on what is best for the child. The rights of a child to be safeguarded and protected from harm must take priority over an offender's right to family life as set out in the 1998 Human Rights Act if the offender's right would mean that contact could place a child at risk.
The over-riding principle is that the child's welfare is paramount - and that any contact must be in the child's best interest.
The prison must ask the parent/primary carer of the child whether they support contact or not and at what level. The application cannot proceed unless the primary carer supports contact.
In cases where the parent/primary carer does not support contact, the prison establishment must inform Children's Social Care Services.
Where the child is Looked After, the local authority's view about the appropriateness of contact must be obtained in writing. The test is always whether contact is in the child's best interest.
Whether or not the local authority shares Parental Responsibility, the views of the parent must also be included and taken into account.
The following agencies must be contacted to gather information before an assessment of risk can be made and a level of contact agreed that would be in the best interests of the child:
Within one working day of receiving a referral, Children's Services should make a decision about the type of response that is required and advise the referrer on the next course of action.
The Governor (or senior manager with suitable delegated authority) is ultimately responsible for making an assessment of what, if any, level of contact should be permitted. If the report received from Children's Services does not address the above bullet points, the Governor should refer the matter back to Children's Services with an express request for this information, unless it is available from other material before them.
Once the multi-agency assessment process is completed, the Governor or a senior manager with suitable delegated authority should make a decision about the appropriate level of contact suitable between the prisoner and the child. This process should not be completed in isolation and should be supported by members of the prison's safeguarding risk panel or equivalent.
The risk presented should be managed proportionately, taking into account the existing safeguards available in custody. In all cases decisions must be based on what is in the best interests of the child and must be properly reasoned and fully recorded on file.
In addition to the information provided by partner agencies (which should include an assessment of the child's needs, wishes and feelings and the capacity of the primary carer to protect the child from potential harm), the assessment should also take into account:
The over-riding principle is that the child's welfare is paramount and any contact must be in the best interests of that child. This may not always correspond with the wishes of the child or of the primary carer. Where there is a conflict between the needs of the child and the carer, decisions should be made in the child's best interests.
The primary carer and any agencies that have contributed to the assessment should be informed of the outcome.
There are four possible contact levels for a prisoner who is assessed as posing a risk of harm to children. The choice of level must be made with the over-riding principle that the child's welfare is paramount and any contact permitted should be in the best interests of that child.
Each assessment is specific to a particular child and cannot be used to determine contact levels with other children. This means that prisoners must apply separately in respect of each child with whom they want to have contact, including siblings living in the same household, and a separate risk assessment must be completed for each child. This can result in a prisoner being allowed different contact levels in respect of different children (including no contact at all).
An initial period of monitoring of all correspondence and telephone calls of prisoners presenting a risk to children must be completed. Monitoring may then continue, subject to the interception risk assessment process being carried out and regularly reviewed. Staff monitoring calls and correspondence should be particularly alert to any attempts to groom or manipulate a child or carer. They should also be aware of references made about children in general correspondence. Staff should be aware of any references that suggest a child may be at risk of abuse other than of a sexual nature, including female genital mutilation and abuse linked to faith and belief.
It is necessary to take steps to prevent a child being substituted with another possibly more vulnerable child where visits take place. Prison staff monitoring calls, correspondence and visiting areas need to be vigilant and prevent any inappropriate contact where identified.
Four passport style photographs will be required of each child and these should be updated annually or earlier if there is a significant change in a child's appearance.
All contact decisions should be reviewed at least annually, or earlier if there is reason to believe that circumstances have changed or where there has been an increase / decrease in risk. A prison transfer will not automatically trigger a review; the reason for the prisoner's transfer should be taken into account when deciding whether a review is deemed necessary.
Reviews must be based on updated information from all agencies involved in the original multi-agency risk assessment, and decision-making must be supported by the prison safeguarding risk panel or equivalent. Prisoners must be informed of any change in contact restrictions following a review.
All prison establishments have procedures for prisoners who wish to appeal a decision to restrict contact or not to permit any contact at all with a child.
In principle, all information taken into account, and the reasons for the decision, should be disclosed to the prisoner, although the prison can determine the form in which it should be shared. There are three options:
If any part of the information considered for disclosure has been provided by another agency, the prison must, in writing, inform them of the possibility of disclosure. The prison is not seeking permission to share the information; instead, it is asking the agency whether there are any barriers to or concerns about disclosing (any part of) the information to the prisoner. Reasonable attempts should be made to contact the agency and it should be provided with a deadline for a response.
The passport-style photograph provided at primary carer support stage should be used by visits staff to check the identity of the child attending the visit. Staff should be alert to possibility that an "approved" child could be substituted with another, possibly more vulnerable child.
Where prisoners have been granted child contact, staff should observe:
Any signs of neglect, abuse or distress must be reported using the security incident reporting process. The manager with public protection policy or equivalent should be provided with a copy of the report. An immediate referral should be made to Children's Services if there is concern for the safety or welfare of a child.