Asked by: Oliver Ryan (Labour (Co-op) - Burnley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the safeguarding implications for children who have a parent in prison; and whether he plans to introduce a national statutory mechanism to identify those children, including a requirement for prisons and probation services to notify local authorities and schools when a parent is incarcerated.
Answered by Jake Richards - Assistant Whip
We recognise that more can be done to ensure children with a parent in prison are identified so that they get the support they need. This is why the Ministry of Justice and the Department for Education are working together to determine the best mechanism to identify these children.
We will continue to engage with those with those who have direct experience of having a parent in prison and with the Voluntary, Community and Social Enterprise sector to inform our approach. For example, 25 November marked the first-ever National Day to recognise children with a parent in prison. This provided a powerful opportunity for Ministers and officials from both Departments to attend a conference hosted by the charity Children Heard and Seen to hear directly from children and young people with lived experience of parental imprisonment. This demonstrates our commitment to putting children’s voices at the heart of our policymaking.
HMPPS has a statutory duty under section 11 of the Children Act (2004) to safeguard and promote the welfare of children. HMPPS staff are required to check if prisoners received into custody have caring responsibilities for any children, to make enquiries with children’s services and record known safeguarding concerns. HMPPS works in partnership with police forces, children’s services and other relevant agencies to fulfil its safeguarding responsibilities. Where HMPPS professionals are concerned about the welfare of a child of a prisoner, they must consider whether a referral to local authority children’s social care is required and should always refer immediately if there is a concern that the child is suffering, or likely to, suffer significant harm. Additionally, HMPPS provides a comprehensive range of staff training and learning opportunities for staff, including an annual “Think Child” campaign, aimed at promoting children’s safety.
Asked by: Oliver Ryan (Labour (Co-op) - Burnley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will make an assessment of the (a) adequacy of safeguards against the misuse of online application forms for Lasting Power of Attorney and (b) potential merits of only providing forms following discussions with officials who are satisfied that Lasting Power of Attorney would be in the interests of vulnerable people.
Answered by Heidi Alexander - Secretary of State for Transport
Under the current system, the Lasting Power of Attorney (LPA) is a prescribed paper form, which to be used must be made validly and registered by Office of the Public Guardian (OPG). The form can be completed online but must then be printed, signed, and sent to OPG for processing.
LPAs are private agreements between individuals. While the OPG has a role in checking these documents meet the requirements for registration prior to use, and in investigating any alleged misuse, it cannot prevent an eligible person from making one.