England & Wales: Parents could face fines or jail for child's crime, says local MP

Parents could lose their benefits, face fines and even be jailed for their child's crimes under reforms to the youth justice system.

Jake Richards, Youth Justice Minister, said the youth justice system "should hold parents to account in a proportionate way for ensuring that they play their role in keeping communities safe".

Youth Justice Minister calls for parenting orders expansion

His comments come after the government set out plans in May to strengthen and expand parenting orders, which can force parents or guardians to address their child's behaviour by attending counselling sessions, which can even include residential courses, or face a fine of up to £1,000.

Will parents be jailed for their child's crimes?

Richard revealed that parents would face jail only "in the most extreme cases" and sentences would be up to judges' discretion.

He described the proposed changes in England and Wales as part of a "carrot-and-stick" approach.

"Parenting orders are going to make sure that parents are more involved in the process by which we try to turn around young offenders," he told the Times.

"Yes, that will have some stick. It could be custodial, or docking benefits – ultimately it will be up to a judge. But we want them to be more involved and that comes with responsibilities as well."

Jake Richards' proposal faces criticism 

Many experts in the criminal justice system have criticised the proposals and say the orders are not effective and penalise the poor.

Critics also highlighted that engaging with parents on a voluntary basis is generally more effective in building trusting relationships and providing support.

Nikki Rutter, an assistant professor in the department of sociology at Durham University, who specialises in child behaviour, told the BBC in July, "We have a huge amount of evidence that parenting orders aren't effective. It's why we're seeing the decrease in them. The police know these are not effective measures."

She also said increasing fines would have a detrimental effect on communities. 

Courts are currently required to consider issuing a parenting order where a child under 16 has been convicted of an offence. They can also consider an order for 16- and 17-year-old if they believe this would help prevent further offences.

The term of the order must not exceed 12 months, and a breach of a parenting order is a criminal offence with a maximum £1,000 fine, according to the sentencing council.

Government statistics show the use of parenting orders has declined in recent years, from more than 1,000 orders in 2009-2010 to just 33 in 2022-2023.

In the interview with the Times, Richards also rejected calls from lawyers to raise the age of criminal responsibility from 10, saying it would undermine "public faith" in the justice system and it was "not a priority at all".

The United Nations has previously pointed out the UK has some of the lowest ages of criminal responsibility in the world and that it should raise it to the UN recommendation of at least 14.