Parents of young offenders could face prison under Government plans to strengthen discipline in family homes, a minister has said.
Jake Richards, the Youth Justice Minister, set out his position in an interview with The Times. He said the system “should hold parents to account in a proportionate way for ensuring that they play their role in keeping communities safe”.
In May the Government published plans to strengthen and expand Parenting Orders. These orders can already require parents or guardians to attend counselling to address their child’s behaviour. Those who fail to comply can face fines.
Mr Richards said prison sentences would apply only in the most extreme cases and would be a matter for judges. He described the approach as one of carrot and stick.
“Yes, that will have some stick. It could be custodial, or docking benefits – ultimately it will be up to a judge. But we want them to be more involved and that comes with responsibilities as well,” he said.
Critics argued that voluntary engagement with parents would achieve more. Andrew Neilson, who directs campaigns for the Howard League for Penal Reform, set out his objections to the BBC.
“Criminalising parents is unlikely to help children who need support, and putting them behind bars would only put further strain on a failing prison system that is already bursting at the seams,” he said.
Jess Mullen leads the Alliance for Youth Justice, which represents more than 70 organisations that advocate for children. She had earlier questioned how jailing parents would give a child stability or support.
How Parenting Orders work
Under current law, courts must consider a Parenting Order when a child under 16 receives a conviction. They may also consider an order for 16- and 17-year-olds if they think it would help prevent further offending.
An order can last no longer than 12 months. Breaching one is a criminal offence, with a maximum fine of £1,000.
Courts now use the orders far less often. In 2009/10 they made more than 1,000. By 2022/23 the figure had dropped to 33.
The reform plans follow Phase One of the Southport Inquiry report. It found “catastrophic” failures by the parents of the Southport killer and by the agencies responsible. Those failures meant that clear chances to prevent the 2024 child murders were lost.
Age of criminal responsibility
In the same interview, Mr Richards turned down calls from lawyers for a higher age of criminal responsibility, which currently stands at 10. He said such a change would undermine public faith in the justice system and was not a priority at all.
In June the Bar Council, which represents barristers in England and Wales, said the threshold should rise to 14. It argued that criminalising children so young was not an effective, proportionate or just response.
The United Nations has previously pointed out that UK ages of criminal responsibility rank among the lowest in the world. It has called for the age to rise to at least 14, in line with its recommendation.
