England and Wales weigh fines, jail for parents over children's crimes
The UK government is proposing to strengthen parenting orders in England and Wales, allowing courts to fine, cut benefits from, or even jail parents whose children commit crimes. Experts warn the measure is ineffective and could deepen poverty.
Youth justice minister Jake Richards has said the justice system in England and Wales should hold parents "proportionately" accountable for their role in keeping communities safe. His remarks follow government proposals to expand and strengthen parenting orders.
These orders currently allow courts to require parents or guardians to address their child's behaviour, including through counselling or residential courses, or face a fine of up to £1,000. Richards told the Times that jail would only be used in "the most extreme cases," with judges retaining discretion over whether to impose custody or cut benefits. He described the approach as "carrot-and-stick," saying greater parental involvement in tackling youth offending comes with greater responsibility.
Experts push back
Criminal justice experts have criticised the plans, arguing the orders are ineffective and disproportionately punish poorer families. Nikki Rutter, an assistant professor at Durham University's sociology department, told the BBC in July that extensive evidence shows parenting orders don't work, which is why their use has been declining. She warned that raising fines would push already struggling families further into poverty, given the close link between poverty and crime.
In May, then justice secretary David Lammy said strengthening the orders would create real consequences for parents who wilfully fail to support efforts to address their children's behaviour, while noting judges could also intervene to ensure struggling parents and young people get proper support. He said he expected the power to jail parents to be used very rarely.
Courts must currently consider a parenting order when a child under 16 is convicted of an offence, and may consider one for 16- and 17-year-olds if it could help prevent reoffending. Orders cannot exceed 12 months, and breaching one is itself a criminal offence carrying a fine of up to £1,000.
Government figures show parenting order use has fallen sharply, from more than 1,000 in 2009/10 to just 33 in 2022/23. A report in the Youth Justice Journal noted limited research exists on the effectiveness of the orders since their introduction under New Labour in 1998, and argued parental engagement in support should remain voluntary.
