Safeguarding children during the arrest of their primary carer mothers: The role of the police
| Author | Catherine Flynn,Miaomiao He |
| Published date | 01 December 2019 |
| Date | 01 December 2019 |
| DOI | http://doi.org/10.1177/0264550519881501 |
| Subject Matter | Articles |
Article
Safeguarding children
during the arrest of
their primary carer
mothers: The role of
the police
Miaomiao He and Catherine Flynn
Monash University, Australia
Abstract
In Australia, the female prisoner population is expanding, with the majority also being
mothers of dependent children. Research has demonstrated that witnessing the arrest
of a family member, particularly a parent, can have both an immediate and long-term
impact on children’s well-being. Yet, little is known about what causes these outcomes
and how children are responded to by police during the arrest process. The aim of this
study is to investigate incarcerated primary carer mothers’ perspectives on their arrest
circumstances, its impact on their children, and police responses to their children
during the arrest process. This study draws on secondary data from 36 primary carer
mothers arrested in Victoria, which were originally gathered for an Australian
Research Council-funded project. Results show that in around one-half of cases chil-
dren are present at their mothers’ arrest. The location and time of the arrest can
mediate children’s involvement in the arrest scene. Overall, police do not respond well
to these children, with discussion between police officers and the mothers about
suitable care for children occurring in less than two-thirds of cases. It can be concluded
that children’s needs are not fully addressed at the arrest process. More child-sensitive
arrest practices are recommended.
Keywords
children, child protection, maternal arrest, police, suitable care
Corresponding Author:
Catherine Flynn, Department of Social Work, Monash University, PO Box 197, Caulfield East, Victoria
3145, Australia.
Email: catherine.flynn@monash.edu
The Journal of Community and Criminal Justice
Probation Journal
2019, Vol. 66(4) 434–450
ªThe Author(s) 2019
Article reuse guidelines:
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DOI: 10.1177/0264550519881501
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Introduction
Women are a small but distinct group in the correctional and pr ison populations.
They have also been identified, notably in Australia, where the current study was
done, to be one group with the fastest rising numbers, increasing 77%in the
decade to 2017 (Russel and Baldry, 2017). It is now widely accepted that women
have differing pathways into crime, present with different needs (e.g. see Brennan
et al., 2012; Salisbury et al., 2009), and require different approaches to justice
(Corrections Victoria, 2007; Corston, 2007). Parenting is one of these needs,
with the majority of women prisoners being mothers of dependent children
(AIHW, 2019); they are also often the primary or indeed sole carer (Dallaire and
Wilson, 2010). This adds an additional layer of complexity and necessarily
brings these children into proximity with the adult criminal justice system, which
unfortunately does not see these children as being a core responsibility (Trotter et
al., 2015). Children therefore experience secondary consequences of their
mother’s contact with the criminal justice system, including prisonisation and
stigmatisation (Minson, 2018). This interaction begins well before imprisonment,
with the point of arrest being noted as a potential trigger point for identifying
children at risk and intervening (Flynn, 2008).
In Victoria, Australia, where this current study was conducted, there are very
limited policies regarding how to respond to children when their parents are
arrested. This reflects global trends, to which there are few exceptions. For
example, Sweden (see Mulready-Jones, 2011) and two states in the United
States (see Puddefoot and Foster, 2007) have implemented some innovative
strategies. These include cross-disciplinary training and collaboration, and co-
location of social work services with law enforcement. These innovations are
based on an understanding of the defining role that arrest of a parent can play
in a child’s life, and the opportunity it presents to intervene. In contrast, while
the Victorian Police Manual (Victoria Police, 2014) indicates that police are
obliged to protect children under the Children, Youth and Families Act 2005
and the Protecting Children Protocols (PCPs) (Department of Health and Human
Services (DHHS), 2012), there are no specific guidelines for responding to
children during the arrest of their parents. The PCP (DHHS, 2012) requires
police to report to child protective services when there are reasonable grounds
to believe that a child’s parents are incapacitated, and no other person is
caring properly for the child. However, thelackofmoredetailedexplanations
on what constitutes incapacitation and requirements for assessing the suitability
of other carers leaves much room for individual police officers to act at their
own discretion. Currently, there is limited evidence indicating whether and how
the aforementioned protocols have been adopted by police officers and how it
impacts children’s experiences during the arrest of their parents. Given the
rapid increase of female prisoner population, and the ‘crisis’ that arrest can
bring families, the needs of these women and their children at this point require
urgent attention.
He and Flynn 435
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