Government to repeal parental involvement presumption to strengthen child protection

The change, announced today (Wednesday 22 October) follows evidence suggesting that assuming it is always in a child’s best interests to have contact with both parents can, in some cases, perpetuate abuse.

While existing legislation allows for contact to be restricted where it is deemed harmful, ministers said that removing the presumption would make clear that children’s safety and wellbeing should take priority in all decisions.

The announcement follows years of campaigning by Women’s Aid and survivor advocate Claire Throssell, whose two sons, Jack and Paul, were killed by their abusive father in 2014.

Deputy Prime Minister David Lammy praised the “remarkable” Claire Throssell and her campaigning.

“Her courage in the face of unimaginable tragedy, her determination to prevent other families from suffering as she has, and her relentless advocacy for children’s safety has been instrumental in bringing about this vital change. As we mark this important step forward in the law, I pay tribute to her sons, Jack and Paul, whose memory drives our commitment to ensuring no other child suffers a similar fate.”

The government says courts will retain powers to restrict a parent’s involvement where they are judged to pose a risk to a child; for example through supervised contact, limiting contact to written communication, or ordering no involvement at all.

Claire Throssell, MBE and survivor ambassador for Women’s Aid, welcomed the change in principle and framed it in the context of long-running campaigning. She said: “For almost a decade, Women’s Aid and I have worked together, campaigning to change the family courts and improve laws, to ensure that children at risk of further harm from abusive parents have a brighter, safer future, free from fear and oppression. Every child deserves to be heard, seen, supported, and believed; to have a childhood and to live.

“Successive governments have failed to protect children, standing by an outdated presumption that it is in a child’s best interests to have contact with both their parents, even when there have been allegations of domestic abuse.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.

“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 that they have been hurt by someone who should love and protect them most. No parents should have to hold their children as they die, from the abuse of a perpetrator, as I did a decade ago.”

Women’s Aid Chief Executive Farah Nazeer also commented, describing the repeal as “an important first step” while urging further action to change what she called a “pro-contact culture” in family courts. Nazeer said: “Women’s Aid warmly welcomes the decision to remove the presumption of contact in family court cases. This archaic presumption has put the lives of women and children at risk for far too long, and this must stop now.”

“Contact with an abuser is deeply harmful to children, with it not only risking their physical and mental wellbeing, behaviour, and development, but also their lives, in the most extreme of cases. Decision makers need to recognise that abuse is a pattern of behaviours, and that the potential for escalation and risk of harm is there even after the parent’s relationship has ended. Today’s decision is especially poignant, coming on the same day as the anniversary of Jack Throssell’s death, the son of our ambassador, Claire Throssell. Yesterday, we held an event in Parliament which commemorated Jack and Paul, as well as all the children who lost their lives and were silenced by the dangerous ‘pro-contact’ culture.

“Changes to the presumption are an important first step but with the existing ‘pro-contact’ culture being deep-rooted in the family courts, comprehensive action needs to be taken to overturn these dangerous attitudes and beliefs that are putting lives at risk. We urge both the government and family courts to engage with expert organisations like Women’s Aid, to ensure the creation of a family justice system that is safe for all adults and children through further implementation of the Harm Panel’s recommendations.”

Justice Minister Baroness Levitt KC said the priority of reforms is the child’s welfare. She 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.

“I want to thank Claire Throssell who, despite the unimaginable loss of her sons Jack and Paul, has campaigned tirelessly to ensure no child goes to bed frightened. She is an inspiration.”

The government also announced plans to restrict the exercise of parental responsibility automatically in cases where a person with parental responsibility has been convicted of a serious sexual offence against any child, and in cases where a child is born of rape. Ministers said these measures form part of a broader effort to strengthen protections for victims and children.

Women’s Aid and other advocacy groups have urged that removing the statutory presumption be followed by wider cultural and procedural change within family courts, including engagement with specialist organisations and implementation of prior recommendations aimed at improving risk assessment and safeguarding practice.

The government said the legislative measures will be taken forward in forthcoming family court reform proposals. Further operational detail and implementation timescales have not yet been published.