Holding parents accountable when children offend

2026-01-25 - 21:09

The Government has signalled its intention to introduce legislation to hold parents legally accountable when their children are in conflict with the law, particularly in relation to bullying, violence and related misconduct affecting schools and communities. In an emerging climate where youth violence and bullying carry human and social costs, a carefully designed “parental accountability” law can be a practical tool to reduce reoffending, strengthen early intervention, and ensure families engage with the systems meant to help children before harm escalates. Currently, under the Children Act, parents have the option to bring their child before the court to deem them a Child In Need of Supervision (CHINS), thus allowing the court to have oversight of the child’s care and everyday well-being. However, a niche sector of children has found itself at the forefront of our headlines in terms of youth offenders and bullying in schools. Why legislate? A central weakness in youth offending responses is that the system frequently engages the child but struggles to secure consistent parental participation, especially where patterns of violence or repeated offending begin. A parental accountability framework is designed to close that gap by creating a legal lever to require attendance at interventions and compliance with reasonable behavioural plans, rather than relying solely on voluntary cooperation. Properly drafted, the legislation can promote early intervention, triggering a court-ordered programme to offer early support, reduce reoffending, improve the home environment and supervision and importantly, strengthen school safety. The government’s proposal can be framed as a public safety mechanism and child protection measure, not to be viewed as a criminalisation tool. When the objective is preventing future harm, the law can be calibrated to support families while still demanding accountability. What other jurisdictions do In England & Wales, there is the implementation of “Parenting Orders,” which focuses on behaviour change where courts may impose an order requiring a parent to attend counselling/guidance sessions and comply with additional requirements aimed at controlling or improving the child’s behaviour (for example, ensuring school attendance). This model is somewhat implemented in TT, where the Children Court grants orders implementing counselling, curfews, and parenting classes. No legislation in Trinidad thus far imposes a fine or penalty. Across the United States, many states have some form of parental responsibility laws, which can be civil in nature, where parents pay for damages caused by a child or criminal in nature, where parents face penalties for failure to supervise in specific circumstances. The US Office of Juvenile Justice and Delinquency Prevention (OJJDP) describes these laws as aiming to involve parents by holding them liable in different ways for delinquent behaviour. TT can borrow civil-style measures such as orders, mandated programmes, and limited penalties, where fines exist, and apply caps. As with every offence, exceptions can be considered to include a “reasonable steps” defence, so parents are not punished where they genuinely tried to supervise and seek help. If TT is to legislate in this space, the design details will determine whether it reduces youth offending or simply adds controversy. A strong approach can include a “support first, sanctions last” approach, where it begins with mandatory parenting sessions, counselling, school attendance plans and case management. Sanctions (fines or community-based penalties) can be a last resort for persistent non-compliance. The government is equipped to bring this type of legislation into place, having introduced the suite of children’s legislation during its last tenure. The intended law should not be activated for minor misbehaviour but should apply where a child can be and has been charged/convicted of specified offences, or there is repeated serious misconduct. Parents should not be punished where they can show they took reasonable steps, such as seeking help, co-operating with school/authorities, attending programmes, and trying to supervise. This protects parents who sometimes have to deal with a child’s mental health needs. Why implementation is justified TT has an opportunity to craft a framework that reflects a simple truth: youth offending is often the end-stage of problems which began earlier (poor supervision, family stress, unmet mental health needs, and community violence exposure). A parental accountability law can give the state a mechanism to compel engagement before a child’s pathway hardens into repeated offending. It is about structured responsibility and early intervention. When paired with real services and sensible safeguards, such a law can protect victims, support families, and improve outcomes for children who are at risk of cycling deeper into the justice system. Denelle Singh is an attorney-at-law