Visits with children
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Hello,
Just want to say first of all how helpful this forum has been. It has made me feel less alone in this process and it's reassuring to see other people in the same situation, providing lots of useful information.
has anyone got any experience of sending letters/emails/visits with children? My person is very likely to receive a custodial sentence in the near future and i am concerned I will not be able to bring our child to see him (child will be too young to remember visiting if anyone is worried about that). I am also worried I won't be able to send any pictures of our child. Any advice?
thanks,
wildflower x
Just want to say first of all how helpful this forum has been. It has made me feel less alone in this process and it's reassuring to see other people in the same situation, providing lots of useful information.
has anyone got any experience of sending letters/emails/visits with children? My person is very likely to receive a custodial sentence in the near future and i am concerned I will not be able to bring our child to see him (child will be too young to remember visiting if anyone is worried about that). I am also worried I won't be able to send any pictures of our child. Any advice?
thanks,
wildflower x
WILDFLOWER hope you're doing OK. I put up a post in the discussion/support section on Saturday. The post is called 'Email a Prisoner'. I've put your username at the end of the comments so the post goes back to the start of all the posts xx
Hi,
Sorry to hear it looks like a custodial is likely. It's horrible waiting in limbo, hope you're doing as well as you can be.
I was sent the following info which was very useful and chapter 5 on the link outlines what the guidelines are. Unfortunately it can take a long time - as everything in prison does... Technically, no photos should get through before the RA is done - but I'd advise any family members don't send any photos of children before it is all signed off. The prisoner could get into trouble or you could be seen by children's services as not following guidelines.
Hope this helps x
https://www.gov.uk/government/publications/public-protection-manual-psi-182016-pi-172016
Public protection procedures: Contact with children and children’s photos
Most of this information sheet is about child contact for prisoners where the prison says there are concerns they may pose a risk to children.
But the next two sections and the sections on children’s photos are also relevant to prisoners who are not considered a risk to children.
The legal framework
Do prisoners have any legal right to contact with children?
Rule 4 of the Prison Rules 1999 states: ‘Special attention shall be paid to the maintenance of such relationships between a prisoner and his family as are desirable in the interests of both.’
Article 8 of the European Convention on Human Rights (ECHR) protects your right, and a child’s right, to private and family life. This right is not absolute and can be restricted where that is ‘necessary and proportionate’ for a lawful purpose. This means that the prison has to have a good reason to restrict contact and restrictions must not be out of proportion to risk.
The Children Act 2004 imposes a duty on the governor of a prison to consider the safety and welfare of children.
Prisoners who are not considered a risk to children
Contact with children if you are not considered to pose a risk to children.
If you are not considered a risk to children and the child’s primary carer agrees to contact with the child you should be able to have visits and phone and letter contact with that child. If this is refused ask for reasons and make a complaint.
If you are not considered a risk to children, but the primary carer does not agree to contact with a child for whom you have parental responsibility then you may be able to apply to a family court for contact. See our ‘Fathers in prison’ guide for details.
Prisoners who are considered to pose a risk to children
Can I have contact if the prison thinks I may pose a risk to children?
If you are identified as someone who may pose a risk to children, the prison must follow the child contact procedures set out in Chapter 5 of the Public Protection manual in PSI 18/2016. The prison library will have a copy that you can look at. If you cannot get to the libray ask us to send you a copy.
How does the prison identify prisoners who may pose a risk to children?
Soon after you arrive in prison staff will check your offending history. You will be identified as a potential ‘Person Posing a Risk to Children’ (PPRC) if you have been convicted or charged with: a sexual offence against a child; murder or assault of a child; a domestic abuse offence involving a child; an offence involving harm or neglect of a child; or if you offended against someone else knowing a child could see or hear and was likely to suffer as a result.
You could also be considered a risk to children if your behaviour, or information received from another agency (for example Local Authority children’s services) indicates a risk to children.
What happens if you are identified as a potential PPRC?
If you are identified as a potential PPCR, you will be given a written notification. Staff should explain what this means if you do not understand.
Then a full risk assessment must be done as soon as possible to decide whether you pose a ‘continuing risk to children’.
You can have no visits, phone calls or correspondence with any child until the risk assessment has been done.
All social numbers will be checked before being added to your PIN.
Children’s services and your Offender Manager will be notified and asked for relevant information.
Risk assessment for potential PPCR
Prison staff must consider all relevant matters including details about your offending history; your OASys; security and other reports about your behaviour in prison; information from other agencies; the views of your OM; and any information on the Violent and Sex Offender Register (VISOR).
A senior manager will confirm the decision whether or not you pose a ‘continuing risk to children’ and you will be informed.
The assessment can be reviewed at any time if there are further concerns about your risk in future.
What happens if you are assessed as ‘No continuing risk to children’
If you are assessed as ‘no continuing risk to children’ you will no longer be a potential PPCR. Restrictions on contact with children will be lifted- unless the prison thinks it necessary to continue to restrict contact with a child victim of yours in their best interest.
What happens if you are assessed as a ‘continuing risk to children’
You will be considered a ‘Person Posing a Risk to Children’ (PPCR). You will be notified and so will Children’s services and your OM. You can ask for the reasons for the decision and the information it was based on. If you think the decision is unfair you can appeal by making a complaint.
The PPCR decision must be reviewed every year and you must be informed of any changes to restrictions.
Can I apply for contact with a child if I am a PPCR?
If you are assessed as PPCR you can apply for contact with a child who is a close family member. This includes step-children, foster children, children of a partner you were living with before coming into prison, grandchildren, brothers, sisters, nephews and nieces. In special circumstances permission might be given for contact with children who are not closely related.
If you want to have contact with more than one child you must make a different application for each child.
What happens when I apply for contact?
First the primary carer is asked if they agree to contact. They are given information about the risk you are considered to pose.
What happens if the child’s primary carer does not agree to contact?
If the primary carer does not want you to have any contact with the child the prison will not allow any contact. You will be informed of this.
If you think the primary carer is being unreasonable and that contact is in the child’s best interest you could consider an application to the family court. (See our Fathers in prison guide.) However, even if the family court makes an order that you should have contact, it cannot enforce its order against the prison, so the prison can still refuse contact on grounds of public protection. If that happens you should get advice about whether you have grounds for a judicial review where a prison will not follow an order.
What happens if the primary carer agrees to contact?
If the primary carer agrees to you having contact with the child, they will be asked to send the prison 4 passport-sized photos of the child. Then a multi-agency risk assessment must be done.
How is the multi-agency asssesmment done?
Full details about the process are in Chapter 5c of the Public Protection Manual ( PSI 18/2016).
The prison will contact the police, children’s services, your OM, and NSPCC where available, asking for relevant information and views.
Children’s services should do a home visit and find out the views of the child and the primary carer. They will send a written report to the prison.
A meeting may be held in the prison to consider all relevant information from inside and outside the prison, including the views of other agencies. The governor or a senior manager will then decide what level of contact with the child is appropriate.
Any restrictions on contact must be necessary and proportionate taking into account your right to family life, your risk and the best interests of the child.
You wll be notified in writing about the decision. You should be given reasons for the decision. You can ask to see all the information it was based on but some information may be redacted or withheld for various reasons. However the infromation you receive should be enough for you to understand the basis of the decision.
What contact will I be allowed?
There are four levels of contact:
Level 1 : Full restrictions. No contact allowed.
Level 2 : Written correspondence only. No phone calls or visits
Level 3: Written correspondence and phone calls. No visits
Level 4: No restrictions. Written correspondence, phone calls and visits.
How can I appeal the decision?
If you think the decision is unreasonable you can appeal by making a complaint. A different senior manager must then review the information and make a fresh decision. If still not satisfied you can escalate the complaint. See our information sheet on complaints.
If the decision is so unreasonable as to be irrational, or if the proper procedures weren’t followed you might have grounds for a judicial review. Legal aid is available for judicial review in some circumstances.
When will the decision be reviewed?
Contact decisions must be reviewed at least every year. There is nothing to stop you submitting representations setting out your views. A review can happen earlier if there has been a significant change in circumstances. You must be notified about any changes.
The primary carer must provide updated photographs every year, or more often if the child’s appearance changes a lot.
If I am allowed written or phone contact with a child will it be monitored?
At first the prison will monitor your correspondence and phone calls with children and this may continue but should be reviewed regularly. PSI 04/2016 The Interception of Communications in Prisons and Security Measures deals with the interception of communications. We can send a copy on request if you cannot access it from the prison library. If staff are worried about inappropriate contact they must report this.
If I am allowed visits will they be monitored?
Staff will check the identity of the child against the photograph provided by the main carer. They will pay attention to the appearance of the child and the behaviour of everyone on the visit and must report any concerns about neglect, abuse or distress.
Sorry to hear it looks like a custodial is likely. It's horrible waiting in limbo, hope you're doing as well as you can be.
I was sent the following info which was very useful and chapter 5 on the link outlines what the guidelines are. Unfortunately it can take a long time - as everything in prison does... Technically, no photos should get through before the RA is done - but I'd advise any family members don't send any photos of children before it is all signed off. The prisoner could get into trouble or you could be seen by children's services as not following guidelines.
Hope this helps x
https://www.gov.uk/government/publications/public-protection-manual-psi-182016-pi-172016
Public protection procedures: Contact with children and children’s photos
Most of this information sheet is about child contact for prisoners where the prison says there are concerns they may pose a risk to children.
But the next two sections and the sections on children’s photos are also relevant to prisoners who are not considered a risk to children.
The legal framework
Do prisoners have any legal right to contact with children?
Rule 4 of the Prison Rules 1999 states: ‘Special attention shall be paid to the maintenance of such relationships between a prisoner and his family as are desirable in the interests of both.’
Article 8 of the European Convention on Human Rights (ECHR) protects your right, and a child’s right, to private and family life. This right is not absolute and can be restricted where that is ‘necessary and proportionate’ for a lawful purpose. This means that the prison has to have a good reason to restrict contact and restrictions must not be out of proportion to risk.
The Children Act 2004 imposes a duty on the governor of a prison to consider the safety and welfare of children.
Prisoners who are not considered a risk to children
Contact with children if you are not considered to pose a risk to children.
If you are not considered a risk to children and the child’s primary carer agrees to contact with the child you should be able to have visits and phone and letter contact with that child. If this is refused ask for reasons and make a complaint.
If you are not considered a risk to children, but the primary carer does not agree to contact with a child for whom you have parental responsibility then you may be able to apply to a family court for contact. See our ‘Fathers in prison’ guide for details.
Prisoners who are considered to pose a risk to children
Can I have contact if the prison thinks I may pose a risk to children?
If you are identified as someone who may pose a risk to children, the prison must follow the child contact procedures set out in Chapter 5 of the Public Protection manual in PSI 18/2016. The prison library will have a copy that you can look at. If you cannot get to the libray ask us to send you a copy.
How does the prison identify prisoners who may pose a risk to children?
Soon after you arrive in prison staff will check your offending history. You will be identified as a potential ‘Person Posing a Risk to Children’ (PPRC) if you have been convicted or charged with: a sexual offence against a child; murder or assault of a child; a domestic abuse offence involving a child; an offence involving harm or neglect of a child; or if you offended against someone else knowing a child could see or hear and was likely to suffer as a result.
You could also be considered a risk to children if your behaviour, or information received from another agency (for example Local Authority children’s services) indicates a risk to children.
What happens if you are identified as a potential PPRC?
If you are identified as a potential PPCR, you will be given a written notification. Staff should explain what this means if you do not understand.
Then a full risk assessment must be done as soon as possible to decide whether you pose a ‘continuing risk to children’.
You can have no visits, phone calls or correspondence with any child until the risk assessment has been done.
All social numbers will be checked before being added to your PIN.
Children’s services and your Offender Manager will be notified and asked for relevant information.
Risk assessment for potential PPCR
Prison staff must consider all relevant matters including details about your offending history; your OASys; security and other reports about your behaviour in prison; information from other agencies; the views of your OM; and any information on the Violent and Sex Offender Register (VISOR).
A senior manager will confirm the decision whether or not you pose a ‘continuing risk to children’ and you will be informed.
The assessment can be reviewed at any time if there are further concerns about your risk in future.
What happens if you are assessed as ‘No continuing risk to children’
If you are assessed as ‘no continuing risk to children’ you will no longer be a potential PPCR. Restrictions on contact with children will be lifted- unless the prison thinks it necessary to continue to restrict contact with a child victim of yours in their best interest.
What happens if you are assessed as a ‘continuing risk to children’
You will be considered a ‘Person Posing a Risk to Children’ (PPCR). You will be notified and so will Children’s services and your OM. You can ask for the reasons for the decision and the information it was based on. If you think the decision is unfair you can appeal by making a complaint.
The PPCR decision must be reviewed every year and you must be informed of any changes to restrictions.
Can I apply for contact with a child if I am a PPCR?
If you are assessed as PPCR you can apply for contact with a child who is a close family member. This includes step-children, foster children, children of a partner you were living with before coming into prison, grandchildren, brothers, sisters, nephews and nieces. In special circumstances permission might be given for contact with children who are not closely related.
If you want to have contact with more than one child you must make a different application for each child.
What happens when I apply for contact?
First the primary carer is asked if they agree to contact. They are given information about the risk you are considered to pose.
What happens if the child’s primary carer does not agree to contact?
If the primary carer does not want you to have any contact with the child the prison will not allow any contact. You will be informed of this.
If you think the primary carer is being unreasonable and that contact is in the child’s best interest you could consider an application to the family court. (See our Fathers in prison guide.) However, even if the family court makes an order that you should have contact, it cannot enforce its order against the prison, so the prison can still refuse contact on grounds of public protection. If that happens you should get advice about whether you have grounds for a judicial review where a prison will not follow an order.
What happens if the primary carer agrees to contact?
If the primary carer agrees to you having contact with the child, they will be asked to send the prison 4 passport-sized photos of the child. Then a multi-agency risk assessment must be done.
How is the multi-agency asssesmment done?
Full details about the process are in Chapter 5c of the Public Protection Manual ( PSI 18/2016).
The prison will contact the police, children’s services, your OM, and NSPCC where available, asking for relevant information and views.
Children’s services should do a home visit and find out the views of the child and the primary carer. They will send a written report to the prison.
A meeting may be held in the prison to consider all relevant information from inside and outside the prison, including the views of other agencies. The governor or a senior manager will then decide what level of contact with the child is appropriate.
Any restrictions on contact must be necessary and proportionate taking into account your right to family life, your risk and the best interests of the child.
You wll be notified in writing about the decision. You should be given reasons for the decision. You can ask to see all the information it was based on but some information may be redacted or withheld for various reasons. However the infromation you receive should be enough for you to understand the basis of the decision.
What contact will I be allowed?
There are four levels of contact:
Level 1 : Full restrictions. No contact allowed.
Level 2 : Written correspondence only. No phone calls or visits
Level 3: Written correspondence and phone calls. No visits
Level 4: No restrictions. Written correspondence, phone calls and visits.
How can I appeal the decision?
If you think the decision is unreasonable you can appeal by making a complaint. A different senior manager must then review the information and make a fresh decision. If still not satisfied you can escalate the complaint. See our information sheet on complaints.
If the decision is so unreasonable as to be irrational, or if the proper procedures weren’t followed you might have grounds for a judicial review. Legal aid is available for judicial review in some circumstances.
When will the decision be reviewed?
Contact decisions must be reviewed at least every year. There is nothing to stop you submitting representations setting out your views. A review can happen earlier if there has been a significant change in circumstances. You must be notified about any changes.
The primary carer must provide updated photographs every year, or more often if the child’s appearance changes a lot.
If I am allowed written or phone contact with a child will it be monitored?
At first the prison will monitor your correspondence and phone calls with children and this may continue but should be reviewed regularly. PSI 04/2016 The Interception of Communications in Prisons and Security Measures deals with the interception of communications. We can send a copy on request if you cannot access it from the prison library. If staff are worried about inappropriate contact they must report this.
If I am allowed visits will they be monitored?
Staff will check the identity of the child against the photograph provided by the main carer. They will pay attention to the appearance of the child and the behaviour of everyone on the visit and must report any concerns about neglect, abuse or distress.
I hope someone else can provide more information, but from what I understand any contact between children and offender I think needs to be approved by SS before it's allowed - I guess it'll depend on where you are with SS.
There are lots of ways to keep in contact depending on the prison, Christmas has pointed you in the direction of a helpful thread. Each prison I think have different rules as to what is allowed picture wise, even within prision, but the prison I'm in seems to sometimes allow it, in some circumstances.
There are lots of ways to keep in contact depending on the prison, Christmas has pointed you in the direction of a helpful thread. Each prison I think have different rules as to what is allowed picture wise, even within prision, but the prison I'm in seems to sometimes allow it, in some circumstances.
Hi All,
Thanks so much for the info everyone, it has been really helpful - I will take a look at the email a prisoner a thread now.
I honestly don't know what SS will grade him as - he is charged with downloading IIOC but SS graded us as very low risk, put in a few conditions including supervised contact and have left us alone for the last few months. So we will see, I think the see me as a protective factor with good insight but that may not mean much once he is in custody.
It truly breaks my heart to think i may not be able to bring our son on visits for x amount of time. I'm doing my absolute best to keep our family together and it just an uphill battle isn't it.
Hugs to all that need them. Wildflower x
Thanks so much for the info everyone, it has been really helpful - I will take a look at the email a prisoner a thread now.
I honestly don't know what SS will grade him as - he is charged with downloading IIOC but SS graded us as very low risk, put in a few conditions including supervised contact and have left us alone for the last few months. So we will see, I think the see me as a protective factor with good insight but that may not mean much once he is in custody.
It truly breaks my heart to think i may not be able to bring our son on visits for x amount of time. I'm doing my absolute best to keep our family together and it just an uphill battle isn't it.
Hugs to all that need them. Wildflower x