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The government has announced plans to repeal the presumption of parental involvement from the Children Act 1989, marking a major shift in how the family courts approach cases involving allegations of abuse.
Published on 22 October, the move aims to ensure that children’s safety and wellbeing are always prioritised over contact, following new evidence that the existing presumption can perpetuate harm in cases involving domestic abuse.
Although current law already allows the courts to restrict contact where it is contrary to a child’s welfare, ministers said the repeal would send a “clear signal” that the protection of children must come first.
Deputy Prime Minister David Lammy said:
“Every decision I make in the justice system will prioritise children’s safety, their wellbeing, and their right to grow up free from harm.
Claire Throssell is simply remarkable. Her courage in the face of unimaginable tragedy, and her relentless advocacy for children’s safety, has been instrumental in bringing about this vital change. As we mark this important step forward, I pay tribute to her sons, Jack and Paul, whose memory drives our commitment to ensuring no other child suffers a similar fate.”
The announcement follows years of campaigning by Claire Throssell MBE, whose sons Jack and Paul were killed by their abusive father 11 years ago.
The change forms part of the government’s Plan for Change, which seeks to protect children, stand up for victims and rebuild 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 no contact at all.
The government also confirmed plans to legislate “when Parliamentary time allows” and published a review of the presumption online.
Justice Minister Baroness Levitt KC said:
“The horrors of domestic abuse can scar a child for life. It is apparent from our research that the presumption of parental involvement can, in some cases, lead to contact being ordered even where there has been abuse.
Our priority must always be children’s welfare. Being a parent is a privilege, not a right: the only right that matters is a child’s right to safety.”
Claire Throssell, survivor ambassador for Women’s Aid, said the reform was long overdue:
“Successive governments have failed to protect children by standing by an outdated presumption that it is in a child’s best interests to have contact with both parents, even when there have been allegations of domestic abuse.
Although today’s announcement can never bring back Jack and Paul, it will give children further protection against preventable harm in their lives. No child should have to hold out a hand for help in darkness to a stranger and say they have been hurt by someone who should love and protect them most.”
Farah Nazeer, chief executive of Women’s Aid, also welcomed the decision:
“This archaic presumption has put the lives of women and children at risk for far too long. Contact with an abuser is deeply harmful – sometimes fatally so. Today’s decision is especially poignant, coming on the anniversary of Jack and Paul Throssell’s deaths.
Removing the presumption is an important first step, but with the ‘pro-contact’ culture still deeply embedded in the family courts, comprehensive action is now needed to change the attitudes and systems that put lives at risk.”
The repeal comes alongside new measures announced earlier in the week 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.
Together, these changes form part of the government’s wider mission to halve violence against women and girls within a decade.
