Imprisonment and Family Life
What is the impact of prison on family life?
This article investigates the rejected application by a prisoner to participate in fertility treatment.
A prisoner with an earliest release date in August 2027 made an application to the Prison Service in relation to participation in fertility treatment.
The impact of prison on family life is vast. As this specific case shows, imprisonment does not merely mean the loss of immediate liberty but also the opportunity to safeguard and advance other aspects of family life.
We review the application and response from the court, and explain how a criminal law firm such as JFH Crime can provide advice and assistance on such matters.
The application explained
The Claimant’s partner, unfortunately, suffers from fertility problems, which include a low number of eggs, polycystic ovaries and a blocked and leaking right fallopian tube. Therefore, the couple wished to explore IVF treatment in order that they could have a child together.
It was argued that the following factors were in favour of the application being granted:
(a) the low likelihood of conception if the couple waited until the Prisoner’s time of release;
(b) that there would be satisfactory arrangements for the care of the child once born, as the Prisoner’s partner is financially and emotionally able to look after the child with the support of her family. The application submitted that the couple had complied with the criteria in the Prison Service Policy;
(c) the costs would be borne out of the Claimant’s partner’s income and savings.
What was the outcome?
The application was refused, with part of the reasoning being:
“In addition, regard must be given when assessing prisoner applications to access fertility treatment to the need to maintain public confidence in the justice system, and it is noted that [the Claimant] is serving a significant sentence for serious crimes which include a firearm.
[The Claimant] has a well-established pattern of offending behaviour linked to drug use/dealing and the possession of firearms/ammunition.
Whilst [the Claimant] maintains that the index offence represents poor decision-making and a lack of consequential thinking rather than a return to his past lifestyle, it is evident that he moves in a sub-culture whereby the possession of weapons is not necessarily unusual and that he is able to access and use an illegal firearm in public.
It is noted that at the time of the index offence, [the Claimant] was living with his mother to distance himself from negative peers. It is understood that upon release from prison, [the Claimant] hopes to live with [M] and his youngest daughter. However, this will be subject to approval by Probation, and it is likely that because of his current risk level, he will be placed in Probation Approved Premises for a further period of risk assessment prior to consideration being given to independent living.
[The Claimant] has been assessed as high risk to the public and medium risk to children. Since he presents a risk to children in the community, it is likely that prior to release [the Claimant] will be referred to Children’s Services. The risk is due to the lifestyle [the Claimant] has previously lived, which involved the use of firearms. A referral would consider the possible risk to children as they could witness him committing a violent act, be caught in the crossfire if firearms are used, or be indoctrinated into a criminal lifestyle.
There is also the potential of risk to a child’s wellbeing and development because of [the Claimant’s] behaviour. In applying the policy, it is concluded that on balance, it is not appropriate to grant access to fertility treatment.”
The challenge to the refusal
A challenge to the refusal failed, with the court commenting:
‘There is also the very important point that the Claimant must be taken to have forfeited the absolute right to have a child with M at a time and by a method of his choosing. That is a necessary consequence of imprisonment, and the public would be rightly concerned if people such as the Claimant could too readily be allowed to enjoy the rights which law-abiding citizens enjoy.’
This last comment is a stark reminder that imprisonment does not merely mean the loss of immediate liberty but also the opportunity to safeguard and advance other aspects of family life.
Assistance and advice from JFH Crime
Cases such as this one are, of course, fact-specific, but the reality is that prison sentences have a monumental impact on family life, and prisoners seeking access to such treatments face high hurdles.
If you need assistance with this or any other aspect of prison life, a criminal law firm will be able to help.
JFH Crime is rated as one of the top criminal law firms in London. Our services extend beyond legal advice. We are committed to all our clients and their cases, from the initial investigation through to court proceedings and beyond.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Our team of experienced legal professionals will be by your side throughout the duration of your case and will always work with you to achieve the best possible outcome.
Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk to learn more about how we can. Let us help.
Image credit: “IVF laboratory” by Galina Fomina is licensed under CC BY 4.0.
