Criminalising parents for bad behaviour

While the Coalition’s proposal to criminalise emotional neglect is different to the named person scheme in Scotland, there is a concern that it could be a gateway to similar Big Brother legislation that may criminalise innocent parents and invade the privacy of family life in England and Wales.

http://www.christian.org.uk/news/fury-over-parents-spied-on-by-scots-state-guardians/

The newly established Family Court, now officially the home of family law, begins a new chapter in the history of child welfare which promises to make the system more child focused and family friendly. At the same time, a growing trend imposing criminal sanctions for behaviour which negatively affects children seems to be pulling at the system. But will this new drive to criminalise parents and carers bolster the new Court or undo the good intentions behind the reforms and provide nothing more than a Pyrrhic victory for Britain's children?

As a phenomenon in its own right, criminalising parents for bad behaviour appears to be a growing trend, and shows no sign of slowing down. In 2012, more than 10,000 parents were jailed over their children’s truancy, and several cases last year saw parents imprisoned for failing to disclose the whereabouts of children involved in care proceedings.

http://www.familylaw.co.uk/news_and_comment/trend-tracker-the-welfare-of-the-child-and-criminal-sanctions#.U7KQTvldWSq

According to the data, released under the Freedom of Information Act, in 2011, 12,777 parents in England and Wales were taken to court for failing to ensure their children go to school.

Of these, 9,836 were found guilty and sentenced – a rise of 7.5 per cent from the previous year.Two thirds – 6,438 – were fined; 473 undertook community service and 11 were jailed.

This compares to 2001, when only 2,243 were prosecuted and 1,845 found guilty and sentenced

Read more: http://www.dailymail.co.uk/news/article-2258709/Record-10-000-parents-year-convicted-childrens-truancy-Figures-rise-8-000-years.html#ixzz36WKIeD78

Behind the statistics lie a multitude of different scenarios.  For some parents, the only thing they can reasonably do for their children is to stand up against the system which would prosecute them. Here is one example: 

A mum has won a legal battle over not sending her son to school for a year – because he was too frightened to attend. The mum claimed her 10-year-old son was terrified after he was restrained by staff at a specialist school in central Lancashire and was too traumatised to go back.

Lancashire County Council prosecuted the mum for failing to ensure her son attended the school regularly, but a court cleared her after hearing evidence about the health of the boy, who is autistic.

The mum told Preston Magistrates’ Court her son had been dragged from an outside play area, locked in a dark room and on one occasion a teacher threatened to kick him. She told the court he was left suffering post-traumatic stress disorder (PTSD) after the incidents.

The Rainbow Autism Support group now plans to lodge a complaint with government. It is understood a tribunal will take place in September to establish the suitability of the school for the youngster.

A county council spokesman said of the magistrates’ case: "Taking parents to court over non-attendance at school is a serious matter which is only ever done as a last resort.

"However our aim throughout is not to punish parents but to ensure that children and young people attend school and receive a good education."

http://www.lep.co.uk/news/mum-wins-court-fight-over-keeping-scared-son-off-school-1-6708224