Government proposes to repeal presumption of parental involvement from Children Act 1989

Section 1 of the Children Act 1989 states that “the child’s welfare shall be the court’s paramount consideration”.

However, an amendment to that section made in 2014 requires a court to “presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare”. It adds that “’involvement’ means involvement of some kind, either direct or indirect, but not any particular division of a child's time.”

In an announcement made today, the Ministry of Justice confirmed it will legislate to repeal the presumption of parental involvement “when Parliamentary time allows”.

The Government said: “Although the current law includes safeguards to restrict involvement where it’s detrimental to a child’s welfare, removing this law sends a clear signal that the Government is placing the wellbeing and safety of children at the forefront of decision making....

"If parents are thought to be a threat to their child’s safety, involvement in their lives can be restricted, for example through courts ordering supervised contact, involvement limited to written communication, or by ordering that there should be no involvement at all.”

The change follows the campaigning of Claire Throssell, whose children Jack and Paul were killed by their abusive father 11 years ago this week. 

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 in cases where there has been domestic abuse. Our priority must always be children’s welfare. Being a parent is a privilege not a right: the only right which matters is a child’s right to safety and this government is determined to ensure that that is at the heart of every decision made about each and every child.

“Repealing the presumption is a key part of our package of family court reforms which will protect children.”

Claire Throssell said: “Successive governments have failed to protect children, standing by an outdated presumption that it is in a child’s best interests to have contact with both their parents, even when there have been allegations of domestic abuse. We have campaigned tirelessly to have this presumption removed from the family law and practice, because until this narrative changes, more children, like Jack and Paul, will continue to die.”

Earlier this week, the Government also announced plans to automatically restrict the exercise of parental responsibility in cases where a person with parental responsibility has been convicted of a serious sexual offence against any child, and where a child is born of rape.