Being a parent in prison

Going to prison can make it harder to care for your child and stay in touch. It does not automatically end your parental responsibility, but your child needs a safe care plan and contact may be restricted where there are safeguarding, security, victim protection or other risk concerns.

This guide explains the main issues for parents in prison and for family members caring for their children. It is general information, not legal advice.

If your child needs care now

If you are your child’s main carer and there is no safe adult who can care for them, tell the police, court, prison and the local council’s children’s services as soon as possible.

Ask for the concern to be recorded. Do not wait until you arrive at prison if your child may be left without safe care.

If your child is in immediate danger, call 999.

Parental responsibility and family court decisions

Going to prison does not automatically end your parental responsibility. Parental responsibility means the legal rights, duties, powers and responsibilities involved in caring for a child and making important decisions about them.

A family court can make orders about where a child lives, who they spend time with, or how contact takes place. These orders can affect how a parent exercises parental responsibility. Get family law advice if this may happen.

A child arrangements order can say who a child will live with and how they will spend time with, or otherwise have contact with, a parent or another person.

A special guardianship order is usually used where a child needs a secure, longer term home outside their parents’ care. A special guardian has parental responsibility and can make many decisions for the child. Parents usually keep parental responsibility, but their role is limited by the order.

A relative, friend, local authority or another person may ask the family court for an order about a child’s care, living arrangements or contact. The effect on parental responsibility depends on the order made.

See Children Act 1989.

Contact with your child while in prison

You may be able to have visits, calls, letters or other approved contact with your child. Contact depends on the prison’s rules, safeguarding and security checks, any court order, victim protection concerns and any restrictions that apply to you or the visitor.

The prison may limit, supervise or refuse contact where there are safeguarding, security, victim protection or other risk concerns. Ask for the reasons and for information about any review or complaints process. Get legal advice if a family court order may be needed.

A family court order does not itself require a prison governor to allow contact. Prison safeguarding decisions are made separately.

Visits, family days, calls, letters and video calls

Most social visits need to be booked in advance. The person in prison must usually add visitors to an approved visitor list first. Visitor list, identification, safeguarding and booking rules differ between prisons.

Children usually need to attend with an approved adult. Some prisons may allow a 16 or 17 year-old to visit alone in limited circumstances. Check the individual prison’s current visiting rules before making travel or childcare arrangements.

Some prisons offer family days or extended child centred visits. They are not available everywhere and still have safeguarding, behaviour and security rules. The prison decides availability and eligibility.

You may also be able to write to, call or use other approved ways to contact your child. The prison can monitor or restrict communications for safeguarding, security or other lawful reasons. Ask staff how to add or approve a contact and what rules apply.

For practical information, see GOV.UK: book a social prison visit, GOV.UK: staying in touch with someone in prison and GOV.UK: visit a prisoner using a video call.

If contact is restricted or refused

Ask the prison for the reason for the restriction and what information was used to make the decision. Ask whether there is a review process and how to use it.

You can make a written request or use the prison complaints process if you think the decision or process is wrong. Keep copies of requests, replies and any court orders or children’s services information that may be relevant.

Get prison law advice if the restriction is serious or ongoing. Get family law advice if you need advice about a child arrangements order, parental responsibility or contact outside prison.

The legal framework for prison communications includes Prison Rules 1999, rule 34 and the HMPPS Child Safeguarding Policy Framework.

If you are pregnant or have a baby

Tell prison staff and healthcare as soon as possible. Ask to speak to the Pregnancy and Mother and Baby Unit Liaison Officer, healthcare staff and your offender manager.

You may apply for a place in a Mother and Baby Unit, often called an MBU. A place is not guaranteed. The application is assessed, and the decision focuses on the baby’s best interests, safety, risk and available places. You may need to transfer to a prison with an MBU.

MBUs generally accommodate children up to around 18 months, although case specific extensions may sometimes be considered. There is an internal appeal route where an MBU application, proposed separation or extension is refused.

See GOV.UK: pregnancy, Mother and Baby Units and maternal separation.

Benefits, housing and child maintenance

Going to prison can affect benefits, rent and who receives child related support. Tell the Department for Work and Pensions, local authority, landlord and Child Maintenance Service about any change that affects your household.

Child contact and child maintenance are separate matters. The Child Maintenance Service normally applies a nil rate where the paying parent is in prison, but private arrangements, arrears and other circumstances may need individual advice.

Check GOV.UK: benefits and prison, GOV.UK: Child Maintenance Service and GOV.UK: calculate child maintenance.

If you are worried about your child’s safety

If you think your child is at risk or has no safe carer, contact the local council’s children’s services immediately. If there is immediate danger, call 999.

Tell the prison if there is a court order, children’s services involvement, safeguarding concern or restriction that affects contact with your child.

Who can help?

See GOV.UK: support for families and friends of prisoners and GOV.UK: prisoners’ families information and services.

Check with your prison

Ask about:

You can find the prison’s current details through GOV.UK: prisons in England and Wales.

Key points to remember

Official sources

This guide provides general information, not legal advice. If a child’s care, safety, parental responsibility or contact arrangements are in dispute, get advice from a qualified family law or prison law solicitor.