Children of prisoners are often the forgotten victims of crimes. Nearly one million children in Europe have a parent in prison, and they are often subject to stigma, social isolation, shame and fear. In Malta, it is estimated that in 2010 there were 122 children who had a parent in prison. Much more needs to be done to make sure that their rights are protected, from the moment of arrest to imprisonment to release.

Research has shown that when an inmate remains in contact with the family, the chances of repeat offences is greatly reduced. In Malta, the rate of repeated offences stands at a staggering 70 per cent, with 43 per cent of former inmates relapsing and ending up back within the corrective facilities at Corradino.

At present, an inmate who breaches any prison regulation is prohibited from family visits for a specific period. “This should not be the case – because it is not the inmate who has the right to see his child, but rather the child to see his parent. Let’s make it clear – the inmate must pay for his mistakes, but not in that way,” director of Mid-Dlam għad-Dawl, George Busuttil says. The organisation is planning to set up a subcommittee specifically focused on the families of inmates.

In Malta, inmates are allowed 45-minute visits twice a week, and might be granted a permit to go home on special occasions for an hour or two. “The visits are far from enough – because the presence of the parent in the child’s life is crucial; they should be allowed to go home every so often to at least have lunch with their family, to be there when the children are doing homework,” Mr Busuttil says. The new play room at Corradino is child-friendly; however children still have to go through prison to get to it, and are searched once they enter prison.

 

Changes after sentence is handed down

If one of the parents is imprisoned, the other would face both financial and psychological difficulties. Out of concern that the other parent would be ‘taken away’ too, the children become extremely attached to the parent remaining at home. They suffer from trust issues, and often start wetting themselves. What’s more, children often start blaming themselves for their parent being imprisoned.

Family therapist Charles Azzopardi explains that when a person is imprisoned, some children express shock through misbehaviour, some others through withdrawal. In any case, and in any way they express their shock, concern or anxiety, children need attention by default, he stresses.

“Children who are present during an arrest have in some way to make sense, age-appropriate sense, of what is going on. It is confusing to say the least, especially if they are oblivious to what their parent has done. But there again this depends on the type of crime and the way the arrest is carried out,” Dr Azzopardi says. He explains that problems are normally related to shame and guilt and to the way the child is helped to handle the eventual distance from the arrested parent. This brings a lot of uncertainty and anxiety with it as there is no definite time of return and reunion.

Some parents choose not to reveal the truth to their children before they reach a specific age – but in Malta, word spreads fast and some children often face bullying at schools. Today, teachers are aware of family difficulties and give these children the attention and assistance they need.

After imprisonment, the role of both parents changes. “When a parent is sent to prison, s/he often loses his/her say in the family, and after their release, children do not accept their demands. At other times, the children become afraid of their parent,” Mr Busuttil explains.

“I must admit that some inmates forget about their families before being sentenced. Then suddenly, it’s all about their partners and children – the family should always take priority,” he continues.

Dr Azzopardi stresses that psychological assistance is a must, and family therapy should be provided immediately to help all the members of the family change with the dynamics. When one parent is arrested, the other parent needs to lead the family, and should be assisted to learn how to handle this new role unexpectedly assigned to him or her, he says.

 “The role of the policy makers here is to make sure that every child and every family are given the service together with other services to avoid the family breaking down or becoming a multi-problem family. The role of the police is to ensure social order and therefore it is their duty to arrest people. The way they do it should ensure safety for the others present, including children. The policy makers here should prescribe safer methods of arrest,” Dr Azzopardi notes.

The problems do not stop once the parent is released and back home. “Children whose parent has been missing for a long time often learn to live without them; they dissociate themselves in order to protect themselves from the pain associated with distance. In doing so, these children often suffer because they are giving up part of themselves and their personality. Apart from this being painful it makes it more difficult in the longer term for them to trust not only their parent but also the police, and authority in general,” Dr Azzopardi says.

The family therapist explains that some children, depending on their gender and age and the gender of the arrested parent, often miss their parent and keep him or her alive in themselves even more strongly by behaving like them, speaking like them and doing the things the parent liked doing. If the parent is a criminal, this kind of ensures that the child takes a hostile position and imitates the parent in criminal activity.

Inmates are still expected to provide child maintenance, despite not working while in prison. They are then often charged for not doing so

 

Reintegrating into society

Reintegrating back into society is highly challenging – some are lucky to find a family waiting for them, others have no one welcoming them home. Mid Dlam ghad-Dawl offers shelter for those most in need. The NGO chairperson explains that during their sentence, inmates become institutionalised – used to sticking to a strict routine.

A recent survey revealed that 90 per cent of employers are not willing to hire former inmates. Some have even proposed implementing a quota; however Mr Busuttil says the government should first lead by example.

 “Often employers find it difficult to trust former inmates – but simply because someone has not been in prison, it does not mean they will not be able to deceive you. There are people who make a mistake twice, but there are those who change their ways. This is why we need to engage in more courses at the prison – at least these people would not have wasted their time in there. An assessment should be carried out once the individual enters prison – and a plan should be compiled.” Between September and December 2014, the NGO led a behaviour and skills management course.

The NGO coordinator said that criminals should pay for their mistakes; however conviction is not always the best option. “If the crime is minor, one should be asked to carry out community work – because what good does a prison sentence do? At least through community work, society is benefitting.”

Mr Busuttil says that the greatest challenge at the moment is the management of parole. He says that inmates are not being given a logical reason for not being released on parole, and the decision of whether parole will be granted is not being given in time.

Set the children free

“Set the children free. Children of prisoners are living in a prison of their own.” This was stated by the President of Malta Marie-Louise Coleiro Preca in a keynote speech she delivered at the ‘Children of Prisoners Europe Conference’ in Stockholm. 

In her speech, the President pointed out that a parent in prison cannot fulfil his legal obligations towards his children. She said the law in Malta specifies that all children have the right to maintenance by both parents, which also means that the imprisonment of either parent does not dissolve him or her of these obligations. “Imprisoned parents are still legally responsible to ensure that the child receives all the required care and proper education according to their abilities and aspirations. Yet a parent in prison does not have the capacity to fulfil these obligations.”