This is a guest article by Dr Aisling Parkes and Dr Fiona Donson of University College Cork on the creation of a new network for the children of incarcerated parents at UCC's Faculty of Law.
Children whose parents have been incarcerated have often been referred to as “invisible victims of crime and the penal system”. It is well accepted that the absence of a parent for a prolonged period of time will affect the physical and mental health of family members. Moreover, it can affect the academic performance of children and trigger bullying and social exclusion. It will inevitably impact negatively on the family’s finances. At the same time, evidence shows that supporting prisoners' families has positive outcomes for them and the wider community with prisoners being more likely to successfully reintegrate as a result. However, little research exists in Ireland highlighting the rights of children of incarcerated parents; nor the extent to which their rights are protected by the State. One recent exception was the Irish Penal Reform Trust’s 2012 report on “Picking up the Pieces”: The Rights and Needs of Children and Families Affected by Imprisonment.
It is against this backdrop that UCC Faculty of Law recently hosted a Research Forum – the first of its kind, designed to bring together interested stakeholders from a variety of backgrounds actively working in the area of children affected by imprisonment. The event represented a unique opportunity to provide a space for sharing current concerns and highlighting the stark reality of how children whose parents are in prison are treated by the Irish State. Existing barriers to improvements in the area were also explored. The event was a powerful and motivating start to what is hoped to be an on-going conversation with all interested stakeholders.
While a wide variety of issues were identified throughout the day, it was collectively agreed that a key priority is to raise the visibility of this vulnerable group of children in Ireland. Key concerns and challenges arising out of the forum are highlighted below:
1. There is a clear lack of policy in all relevant sectors – including those of justice, health and education. Although there have been some recent developments, e.g. in the Irish Prison Service, policy development often happens without any meaningful engagement with those working for and with children/families of prisoners.
2. Children of prisoners are generally unseen in all areas and have thus far not been prioritised.
It is not sufficient to view the issue of children of prisoners as being simply a prison or child welfare issue - a multi-sectoral approach is essential. Recognising the rights and needs of these children must cut across all relevant areas, including education, health, child services, as well the criminal justice.
3. Within the criminal justice system, and particularly in prisons, the difficult balance between security and children’s rights has in the past been tilted too far in favour of security. Visiting conditions need to be positive in fostering good relationships between imprisoned parents and their children. To date this is the exception.
4. There is inconsistent service provision for children and families in the area with an almost exclusive reliance on voluntary organisations such as St. Nicholas Trust and Bedford Row. These organisations rely heavily on volunteers and struggle with funding. Relevant government departments/agencies need to positively engage with such organisations and prioritise supporting their work.
5. In order to effectively prioritise children of prisoners, a key person/organisation needs to be made responsible for developing policy and services across agencies and groups.
6. Current good practice needs to be supported and further developed. Inter-agency/organisational communication and collaboration is critical to the development of these in the longer term. This includes cooperation between state bodies and voluntary groups. Gaps in service provision, such as the lack of support organisations outside Cork and Limerick, need to be highlighted and further services rolled out. All affected families need relevant information and holistic supports, e.g. travel for prison visits, visiting centres in prisons.
7. In the absence of awareness raising in this area, those who interact with children and families affected by imprisonment in the course of their work (e.g. in schools, social welfare) often fail to acknowledge the positive role they can play, or conversely the harm they can cause. It is essential that the challenges faced by children of prisoners are fully understood by professionals working in such areas.
Finally, it was agreed that the development of a network of those working in this area would be beneficial. It would allow the conversation and sharing of expertise and knowledge to continue. One of the objectives of the forum was to find some way of formally cementing the links that were made at the initial meeting. As a result a network is now being developed for those working in this area.
For further information contact Dr Fiona Donson (f.donson@ucc.ie) or Dr Aisling Parkes (a.parkes@ucc.ie) in the Law Faculty at UCC.
Dr. Aisling Parkes is a Lecturer in Child and Family Law, Children's Rights and Disability Law at University College Cork. Her research interests lie in the areas of the rights of children of incarcerated parents, adoption, and child care proceedings, the voice of the child as well as international children's rights. Her book - Children and International Human Rights Law: The Right of the Child to be Heard - was published by Routledge in 2013.
Dr. Fiona Donson is a Lecturer in the areas of Criminal Law, Administrative Law, Children's Rights and ECHR Law at University College Cork. Her research interests lie in the areas of the rights of children of incarcerated parents, criminal justice, administrative justice and citizen activism. Her book (co-author Dr. Darren O'Donovan) - Administrative Justice in Ireland - is due to be published by Clarus Press in 2014.