Government to repeal presumption of parental involvement to protect children from abusive parents

The UK government has announced plans to repeal the presumption of parental involvement from the Children Act 1989, which will be a major change in how the family courts deal with cases involving allegations of domestic abuse. The announcement follows years of campaigning by Claire Throssell MBE, whose sons Jack and Paul were killed by their abusive father 11 years ago.

Current law

Section 1(1) of the Children Act 1989 provides that the court’s paramount consideration in any case involving a child is their welfare, which is known as the welfare principle.

Sections 1(2A), (2B) and (6) of the Children Act, Act require courts to presume, in child arrangements and certain other private law children proceedings, that involvement of a parent in the child’s life will further the child’s welfare, unless there is evidence to suggest that involvement of that parent would put the child at risk of suffering harm. They define involvement as ‘involvement of some kind, either direct or indirect, but not any particular division of a child’s time’.

Issues with the Presumption of parental involvement

The Presumption of parental involvement has, in some cases, lead to contact being ordered even where there has been abuse, to maintain parental contact unless high level of risk could be demonstrated. Survivors of domestic abuse and professionals working to protect children, have long argued that the presumption has put the lives of women and children at risk and that contact with a abuser can be deeply harmful.

What’s Changing in the Children Act 1989

The review of the presumption of parental involvement was launched in November 2020, in response to a recommendation from “Assessing risk of harm to children and parents in private law children cases” known as the “Harm Panel Report”.

The change forms part of the Government's Plan for Change, which seeks to protect children, stand up for victims and rebuilt trust in the justice system. Under the proposed reforms, courts will retain powers to restrict a parent’s involvement where they are deemed a threat to a child’s safety, including supervised contact, indirect contact through written communication, or in some cases no contact at all.

The repeal of the legal presumption comes alongside new measures announced earlier to automatically restrict parental responsibility in cases where a parent has been convicted of a serious sexual offence against a child, or where a child has been conceived through rape.

Survivors of domestic abuse and professionals working to protect children have welcome the change which will improve how domestic abuse is responded to within the family courts and ensure children are properly protected.

If you would like further advice in connection with the matters raised in this article then please contact a member of our family team, Miss Vincent or Mrs Gregory on 01926 422 101

Disclaimer
The contents of this newsletter is for general information purposes only and does not constitute legal advice. You should not act upon any information provided without seeking professional legal advice tailored to your specific situation from a qualified solicitor or legal professional.