Women offenders: after the Corston Report - United Kingdom ...

Ev 118Justice Committee: Evidence7.3 Provision for women with babies in prison is extremely limited. Mother and Baby Units (MBUs) providea very restrictive experience for mothers and their babies. Opportunities for women to make the choices thatmost mothers take for granted are limited. Simple activities such as taking your child to the park for somefresh air are not an option for mothers imprisoned with their babies. Women’s lack of autonomy in prisonmeans their capacity to create a sense of home and family for their baby is diminished.7.4 The Chief Inspector of Prisons, Nick Hardwick, has raised concerns about the fact very few units allowmothers to cook wholesome food for their children. A report by the Children’s Commissioner for England(Office of the Children’s Commissioner, 2008) into prison MBUs concluded that:There should be an end to the routine use of custody for women who are pregnant, or mothersof very young children, other than in exceptional circumstances where they represent a dangerto society.7.5 In 2010 the Howard League for Penal Reform’s legal team represented a teenage girl who had breachedher community order and was sentenced to custody for a significant proportion of her pregnancy. We appealedthe sentence on the grounds it was manifestly excessive but this appeal was refused. We have since lodged anapplication with the European Court of Human Rights on the grounds that UK courts failed to comply withtheir duties under international law including their duties under the UN Convention on the Rights of the Child.Recommendations— The very small number of mothers who require a custodial sentence should not be housed in prisonsbut instead should be kept with their babies in local secure units.— The majority of mothers currently serving custodial sentences could be safely managed in communitybased programmes.— Sentencers should be required to consider the welfare of a mother’s children before sentencing herto custody as is the practice in South Africa.8. Women and girls with mental health problems8.1 Lawyers from the Howard League for Penal Reform legal team have represented girls and young womenin prison with mental health problems. The Howard League for Penal Reform (2008) submitted evidence toindependent review, conducted by Lord Bradley on the diversion of individuals with mental health problemsfrom the criminal justice system and prison. It is a stakeholder for the development of the NICE clinicalguidance aimed at improving the mental health of people in prison.8.2 Prison aggravates mental health problems. The distress manifested by imprisoned girls and women withmental health needs is often treated as a discipline issue by prison staff. This leads to an increase in selfharmingand suicidal behaviour. Prison staff are not appropriately trained or qualified to deal with this behaviourand it can be damaging for everyone involved.Case Study“A” was a 21 year old woman who had a history of mental health problems, self-harm and attemptedsuicide exacerbated by her time in custody. The Howard League legal team represented her duringher time in custody for a number of adjudications and parole hearings. A number of the incidentswhich gave rise to the adjudications related to A’s self-harm. For example, A would damage propertyin order to gain materials to use for self-harming. In light of A’s medical history, these incidentsshould not have been dealt with in this way by the prison. Following representations being made bythe legal team these adjudications were quashed and deleted from A’s records.During the process of representing A for her prison law disciplinary matters, her solicitors at theHoward League became aware of her significant mental health issues and were concerned that theprison in which she was detained was not an appropriate place for her to be held as she was notreceiving the medical treatment and support she needed. On A’s instructions, they assisted inobtaining an independent psychiatric assessment of A which led to her being transferred from theprison to a secure psychiatric hospital under the Mental Health Act. Once at hospital she was ableto receive appropriate medical help to assist with her recovery.8.3 Diverting women and girls with mental health problems from the criminal justice system and prison mustbe a key priority at every stage of the criminal justice process, from the decision to prosecute, to sentencing andtransfers of prisoners with mental health problems to hospital. The failure to divert women and girls oftenleads to destructive coping strategies, such as self-harm, which are more likely to extend into adulthood ifestablished at a young age.8.4 Mental health services in the community are often inadequate and under-resourced and this is magnifiedin custody. Given the disproportionately high numbers of women and girls in prison with mental healthproblems, there is an even greater need for mental health services yet often the treatment they need is notavailable. Even if it were, it is questionable how effective treatment would be when carried out in a punitiverather than a therapeutic setting.