Ministers urged to scrap plans to name and shame people on community sentences

Government proposals to name and shame people on Community Payback schemes could do severe and long-lasting damage to families and children with parents in the criminal justice system, according to a group of charities and experts from the criminal justice and children’s sectors.

Over 20 organisations and individuals have come together to express deep concern about the Sentencing Bill currently going through Parliament. Under clause 35 of the Bill, probation practitioners would be given new powers to publish the names and photos of people delivering unpaid work requirements as part of a Community Sentence.

In an open letter to the Justice and Education Secretaries, its signatories call for the clause to be withdrawn. They point out that the proposal would do little to foster rehabilitation or reduce reoffending, making it harder for people to find employment or accommodation.

However, it would also greatly worsen the stigma faced by the families of people in the criminal justice system. In particular, it would have the potential to expose children to potential bullying, emotional and psychological harm, and even threats of violence or vigilantism. 

Andy Keen-Downs, CEO at the Prison Advice and Care Trust (Pact) said: “The Sentencing Bill sets out a number of much-needed changes that will contribute to the delivery of a more sustainable criminal justice system. In particular, we welcome the expansion of community sentencing, which is more effective than short prison sentences at reducing reoffending. 

“However, proposals to name and shame people on probation are deeply worrying. It has the potential to do serious and long-lasting damage to many thousands of children every year, worsening the stigma felt by families and young people. 

“Children with a parent caught up in the criminal justice system already face a whole range of challenges that can have a negative impact on their education, mental health and general wellbeing. The idea that we should be naming and shaming their parents in this way is short-sighted in the extreme and flies in the face of this Government’s pledge to protect vulnerable children.”

A total of 47,765 people were sentenced to Unpaid Work Orders in 2023 (the last full year for which figures are publicly available). However, this figure is expected to rise significantly following the introduction of the Sentencing Bill, which will require courts to consider community sentences for many offences that would previously have resulted in a short custodial sentence.

The Government estimates that nearly 200,000 children every year experience the imprisonment of a parent, something which is recognised as an Adverse Childhood Experience (ACE). Children with parents caught up in the criminal justice system have to face a range of challenges, including:

• Stigmatisation and bullying, in particular at school, where public exposure of this kind can have a serious impact on their education.
• Physical threats of violence or vigilantism. There are instances where children have had to change schools or even change their names because they have faced harassment following public exposure of a parent’s offence.
• The emotional and psychological impact of the stigma and shame, where children feel implicated or judged by association.  

ENDS