Parents may face benefits loss or prison for children's crimes

Parents in England and Wales could lose benefits or face prison sentences for their children's crimes under proposed reforms to the youth justice system. Youth Justice Minister Jake Richards told The Times newspaper that the system should hold parents to account in a proportionate way for their role in keeping communities safe.

These comments follow government plans announced in May to strengthen and expand Parenting Orders. These orders can currently compel parents or guardians to address their child's behaviour by attending counselling sessions or face fines. Mr Richards indicated that prison sentences would be reserved for the most extreme cases and would be at the discretion of judges, describing the proposed changes as part of a "carrot-and-stick" approach.

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Purpose of Proposed Reforms

Mr Richards explained that Parenting Orders are intended to ensure parents are more involved in the process of rehabilitating young offenders. "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 told The Times. Critics, however, suggest that voluntary engagement with parents is more effective for building trust and providing support. Jess Mullen, chief executive of the Alliance for Youth Justice, questioned how imprisoning parents would offer stability or support for a child.

When the government's white paper was announced in May, then Justice Secretary David Lammy stated that strengthening parenting orders would introduce real consequences for parents and carers who wilfully fail to support efforts to address their children's behaviour. He also noted that if a parent was struggling, a judge could intervene to ensure the young person received necessary support and the parent was doing their best. Mr Lammy anticipated that the power to jail parents would be used very rarely.

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Current and Historical Use of Parenting Orders

Courts are currently required to consider issuing a Parenting Order when a child under 16 has been convicted of an offence. The order can also be considered for 16 and 17-year-olds if it is believed it would help prevent further offences. The term of an order must not exceed 12 months, and breaching a Parenting Order is a criminal offence with a maximum fine of £1,000, according to the Sentencing Council. However, government statistics reveal a significant decline in their use, with over 1,000 orders issued in 2009/10 falling to just 33 in 2022/23.

The government's youth justice reform plans follow Phase One of the Southport Inquiry report, which identified "catastrophic" failures by the parents of the Southport killer and various agencies, leading to missed opportunities to prevent child murders in 2024. In his interview, Mr Richards also rejected calls to raise the age of criminal responsibility from 10, stating it would undermine public faith in the justice system and was not a priority. The Bar Council, however, has called for the age to be raised to 14, arguing that criminalisation at an early age is not an effective, proportionate, or just response. The United Nations has previously highlighted the UK's low age of criminal responsibility compared to international recommendations.