Child Arrangements: Presumption of Parental Involvement

Wednesday 22nd January 2025 Westminster Hall

11:00

[Matt Western (in the Chair)]

I will call Dr Marie Tidball to move the motion, and I will then call the Minister to respond. There will not be an opportunity for the Member in charge to wind up, as is the convention for 30-minute debates.

[Dr Marie Tidball (Penistone and Stocksbridge) (Lab)]

I beg to move,

That this House has considered the presumption of parental involvement in child arrangements.

It is a pleasure to serve under your chairship, Mr Western. There must be urgent reform of the presumption of parental involvement in child arrangements, known in law as presumption of contact, on the basis of evidence and principle, and to ensure that children’s voices are at the heart of our family courts.

The de facto common law principle of presumption of contact was legislated for in the Children and Families Act 2014, which inserted sections 1(2A) and (2B) into the Children Act 1989. That legal principle means that parents should always be given contact with their children, even in circumstances where there is a known domestic abuser.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for raising this massive issue—well done for bringing it forward. In the world we live in, it is always the most innocent—the children—who suffer the greatest in a family breakdown. Does she agree that we must do more to ensure that, where there are doubts about safety, we should utilise supervised parental visits? Getting this right is an essential part of the battle against violence against women and children.

[Dr Tidball]

I certainly agree. To illustrate why, I want hon. Members to imagine a school night with a child being repeatedly asked by his father if he had completed his homework. The child replied in an exasperated tone, “Yes.” His dad stepped towards him with his fists ready to punch him. The boy’s mum stepped into the space between the fist and her son, and pushed him out of its way. The full force of that fist hit her so hard that she was spun round and fell down the stairs, bruising her arms, legs and back. From the top of the stairs, the child’s father shouted to his son, “Look what you made me do.” Imagine the same boy being driven to tears after his father made his brother eat peas until he was sick. The boy’s mother left her husband, taking the children with her.

Imagine a scene, six months later, where the father barricaded a Children and Family Court Advisory and Support Service officer in her office for 15 minutes. Social services were aware that that same father had made statements that he was capable of killing. Then imagine that, despite knowing all that, a family court permitted the father of those two boys five hours’ unsupervised contact per week. Claire Throssell, my constituent, does not need to imagine that nightmare. She and her two sons, Jack and Paul Sykes, lived it.

[Steve Witherden (Montgomeryshire and Glyndŵr) (Lab)]

Women’s Aid highlights that the pro-contact culture in family courts can force children into contact with abusive parents, sometimes against their will. Does my hon. Friend agree that it is crucial that family justice agencies recognise children as victims in their own right, as outlined in the Domestic Abuse Act 2021, to prioritise their welfare and, most importantly, save lives?

[Dr Tidball]

I do indeed, and I will return to that point later, not least because Jack and Paul Sykes told their social workers that they were scared of their dad. The youngest told them that he was “pure nasty”. Their secondary school was so concerned about the domestic abuse at home that it also alerted social services. Yet, on a two-hour contact visit permitted by a family court and allowed to go ahead by that same CAFCASS officer, Jack and Paul were locked in the attic by their father. Using gasoline, their dad then set multiple fires alight across their home. Paul, aged nine, died at the scene after his elder brother tried to save him. Jack, aged just 12, died later in hospital. The father also killed himself in the blaze.

Jack and Paul Sykes were supposed to return to their mother Claire that night. Instead, the boys died at the hands of a known domestic abuser. Their voices were not heard by social services, nor by the court. CAFCASS never heard their voices either. In fact, the day that Jack was supposed to speak to CAFCASS for a welfare assessment was the same day Claire cradled him in her arms as he died. The only time Jack’s voice was heard was when he was held in the fireman’s arms as he used the last of his strength to say, “My dad did this and he did it on purpose.”

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The hon. Member is making an immensely powerful argument; that is a tragic tale. Does she agree that, as well as domestic abuse being taken into account, perpetrators of child sexual abuse should be taken into account in relation to parental involvement? I support the campaign of my constituent, Bethan Parkinson. Amending Jade’s law to that effect, to include domestic abuse and child sexual abuse, would be a useful step forward.

[Dr Tidball]

I do agree. I will discuss further proposals later in my speech. Jack and Paul would never have been in the reach of a known domestic abuser, were it not for the presumption of contact. Although schools have a statutory responsibility to report suspected incidents of domestic abuse, in contrast the presumption does not put the children of known domestic abusers first.

Ten years on, this place must hear Jack’s and Paul’s voices reverberate loud and clear, because tragically their voices are not alone. Women’s Aid found evidence of 48 child deaths at the hands of a known domestic abuser that took place following a permitted contact visit between 1994 and 2015. The Domestic Abuse Act, as my hon. Friend the Member for Montgomeryshire and Glyndŵr (Steve Witherden) mentioned, recognises that children are victims of domestic abuse in their own right. Child contact is a known risk indicator for domestic homicide, yet we still do not know the true scale of the problem.

The vast majority of court reports are not published, with only 10% of rulings coming to light. Only last month, the sentencing of Sara Sharif’s known domestically abusive father and stepmother for her murder showed all of us that action is urgently needed to change the law. Her life must not be forgotten.

[Mr Will Forster (Woking) (LD)]

As the MP for Sara Sharif, I am very thankful that the hon. Lady has raised her case. As she knows, I called for an immediate safeguarding review, to understand the reasoning. However, it appears that the perverse incentive for parental contact, with Sara’s father being given custody, contributed to her death. Does the hon. Lady agree that family courts and that perverse incentive need to be changed?

[Dr Tidball]

I absolutely do agree and will return to my proposals for reform later.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

My hon. Friend is making an immensely powerful speech. It was extremely moving yesterday for the Education Committee to hear directly from my hon. Friend’s constituent, Claire Throssell. Claire’s work, in the context of her unbearably painful experience, is deeply inspiring, and I pay tribute to her.

We heard from her how problems in the family courts, including but not limited to the presumption of contact, have knock-on consequences for the wider work of child protection. Will my hon. Friend join me in calling on the Minister to ensure that there is strong, joined-up and effective working between her Department and the Department for Education so that we make sure that everyone who has a role in the protection of children is doing the most effective work possible?

[Dr Tidball]

I agree. We have said that we will take a mission-centred approach in Government, particularly to halve violence against women and girls, and I will return to that point. As a reference for Hansard, I mention that Claire Throssell MBE is with us in this Chamber today.

[Rachael Maskell (York Central) (Lab/Co-op)]

My hon. Friend is making the most powerful of speeches. We need joining up with the police service. My constituent fears every day that her children are in contact with their father. It is really important that we look at the thresholds, particularly with the Crown Prosecution Service, for prosecuting cases.

[Dr Tidball]

I agree. As someone who has worked in criminology and criminal justice for over a decade, I think the need for us to move beyond siloed working can be no more important than it is in these sorts of cases.

Just yesterday, we learned that the man Kiena Dawes named as her killer when she committed suicide wants to launch a custody battle over their daughter, saying that

“I’m coming to get you baby girl”.

This man has been jailed for six and a half years for assault of and controlling behaviour towards Kiena. Our current law would allow this person to have unsupervised contact with their child.

[Emily Darlington (Milton Keynes Central) (Lab)]

I thank my hon. Friend for securing such an important debate and for making such a powerful speech. Does she agree that the visitation presumption, custody presumption and all these sorts of things that happen in family law courts are a continuing perpetration of the domestic abuse that the women and mothers were fleeing in the first place? I will keep this case anonymous, but in my constituency I was meant to meet a woman on Saturday. The handling of the handover of the children on Friday had been so abusive and painful for her that she had to cancel her appointment with me because she was in hospital with heart palpitations. Can my hon. Friend address how we can ensure in the future that the presumption in the court service takes into account that this is continuing domestic abuse for both the mother and the children?

[Dr Tidball]

Absolutely. I will return to this later, but the harm report makes quite clear the re-traumatisation of both children and parental victims of domestic abuse that comes with repeated attempts at contact and the presumption that is currently in place. The consequence of that is a generation of lost voices like Jack and Paul Sykes and Sara Sharif, but there is no definitive way of knowing how many parents whose partner or spouse is a known domestic abuser have been persuaded into some form of shared care because of the presumption.

The harm report, published in 2020 by the Ministry of Justice’s expert panel on harm, found that presumption of contact must be reviewed urgently, because the principle

“put a misplaced emphasis on the child’s right to a relationship with both parents…above the child’s welfare and right to be safe from abuse and its effects”.

[Alison Hume (Scarborough and Whitby) (Lab)]

I congratulate my hon. Friend on securing this important debate. I pay tribute to the incredible campaigning work of Claire Throssell MBE in the face of unimaginable grief. My hon. Friend mentioned the Ministry of Justice report, which highlighted that the culture of the family courts and professionals involved in cases showed a systematic disbelief of abuse and the acceptance of counter-allegations—for example, parental alienation—without robust scrutiny. Does she agree that the report, which was left to gather dust, must be dusted down and put into immediate effect?

[Dr Tidball]

I absolutely do. Furthermore, in response to my hon. Friend’s important point, the report specifically stated:

“To the extent that the courts’ pro-contact culture operates as a barrier to addressing domestic abuse, it serves to reinforce that culture.”

Indeed, section 6 of the report laid bare that children’s voices are being “muted or unheard” in domestic abuse cases because of the pro-contact culture.

[Jess Asato]

One of my constituents, a domestic abuse survivor, has had all contact with her children removed, as well as her domestic abuse claim rejected without evidence. She has now had to pay not just for contact visits but monthly drug tests, when her drug use was not proven at all, making it completely unaffordable for her to see her children. Does my hon. Friend agree that it is past time that we stopped our family courts from being used as a tool of abuse against survivors of domestic abuse and sexual violence?

[Dr Tidball]

I do agree. Our court system should be one where justice is achieved for vulnerable victims of abuse, rather than an additional and secondary means of victimising them.

[Alison Bennett (Mid Sussex) (LD)]

I thank the hon. Member for giving way—she has been very generous in doing so in this short but important debate. A constituent of mine, who will remain anonymous, has undergone domestic abuse that the family courts process not only allowed to continue as economic abuse, but facilitated. With family courts still failing to ensure the safety of child victims, and given that around 60% of cases in the family courts involve domestic abuse, does the hon. Member agree that much more needs to be done to protect families from being re-victimised and traumatised via the very process that should be delivering them justice?

[Dr Tidball]

I agree, and nowhere is that clearer than in the cases of my constituent’s sons, Jack and Paul. Not only was their father known to be abusive, but the boys did not want to see him—all while he was demanding 50:50 contact in the family courts. Claire promised her sons that she would not rest until the law was changed to prevent more children from dying like they did. When I was elected last year, I promised to help her.

Labour’s important mission to halve violence against women and girls in a decade will require a national effort, and require us to use every tool available to target perpetrators and address the root causes of abuse and violence. Last week’s Second Reading of the landmark Children’s Wellbeing and Schools Bill marked a transformative change to child protection in education, and now we need to hold family courts to the same standard by repealing section 1(2A) of the Children Act 1989.

[Dr Lauren Sullivan (Gravesham) (Lab)]

I thank my hon. Friend for securing this incredibly important debate, and I second many of the comments she has made in her incredible speech. Does she agree that the cases of children with special educational needs who cannot express their feelings and fears must be taken into account, and that the presumption of contact must be stopped in those cases where there is live domestic abuse?

[Dr Tidball]

I do agree, and those factors have a cumulative, additive effect on those young people, silencing their voices even more so than those of other victims. That is one of the reasons why the harm report was clear that

“the presumption should not remain in its present form”

and recommended that it be reviewed

“urgently in order to address its detrimental effects.”

Today we are focusing on presumption of contact, but there is much more that could be done to make the family court system child-centric. We can be bolder by changing the language in the Children Act 1989 to say explicitly that a presumption of contact should not be given to a known domestically abusive parent. Further, protections could be strengthened by incorporating practice direction 12J in primary legislation. We also need to ensure that no interim contact takes place before assessments are fully completed by CAFCASS. Additionally, we must legally recognise children as victims of financial abuse under the Domestic Abuse Act 2021. Shockingly, there is currently no definition of rape or consent in the family court system.

[Natalie Fleet (Bolsover) (Lab)]

I thank my hon. Friend for raising this very important issue. Everybody in this room wants children to be born with two loving parents, but that is not possible for everybody, and it is definitely not a luxury that every child enjoys. Currently, when a woman is raped in this country, and she gives birth as a result, the rapist can apply for access to the child throughout their life. A woman in my constituency, and women beyond, talked to me about the trauma inflicted on them not only at the point of the attack but as they raise their child. The law now acknowledges that children born from rape are victims of crime, but it is vital that perpetrators are not given access to those children, continuing their unwanted presence in the victim’s life. The harm that that access can cause must be recognised to protect the young people and their mothers from violent offenders. Does my hon. Friend agree that we need a change to the law?

[Dr Tidball]

I do agree, and I thank my hon. Friend for her powerful statement. That is why we must urgently spell this issue out in primary legislation, alongside having a more tightly drawn definition of domestic abuse towards children in section 3 of the 2021 Act.

Over four years have passed since the UK Government launched a review of the presumption, as recommended by the harm report. The Conservative Government made no response, but now there is an opportunity for our new Government to take action, look at what other countries are doing and embed child-centred approaches in the family courts. Australia has repealed a similar piece of legislation, and the US is rolling out a law to incentivise states to ensure that their child custody laws properly protect children.

We must show leadership and be a beacon of light for children’s rights around the world by changing the law so that family courts prioritise children’s welfare and safety over the privilege of parental contact rights. Our Government must do what the previous Conservative Government failed to do, by taking a child-centred approach and changing the law on presumption of contact.

No more towns such as mine should be left to grieve. No more parents should have to make the ultimate sacrifice of the life sentence of losing a child at the hands of an abusive spouse or partner. No more parents should ever have to send their child on a court-ordered visit and hold them tightly in their arms hours later as they die. This Government must now act to save lives for generations to come by ending contact at any cost.

Let us not just imagine a world where the voices of children are put at the heart of our family court system, where children such as Jack and Paul are listened to, not ignored, where children have a childhood free of fear and oppression, and where children such as Jack and Paul live the lives they deserved to live. Minister, I urge you to do all you can to make that world a reality.

11:22

[The Minister of State, Ministry of Justice (Sarah Sackman)]

I thank my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) for securing this debate on an incredibly important subject. I am deeply sorry about what her constituent, Claire Throssell, has been through. The loss and trauma that Claire and her family have experienced is unimaginable and, frankly, unspeakable. If I can address you directly, Claire, the resilience you have shown in the face of the devastating loss of Jack and Paul is astounding. Your commitment to campaigning and advocating for children and adults who have experienced domestic abuse is inspirational, and you are shaping the national conversation on this issue. I am extremely grateful to my hon. Friend and to you, Claire, for the time you spent with the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), back in November to discuss the presumption and the wider issues surrounding it.

There is no question but that protecting vulnerable children from violence and abuse must always be a first priority for the state, and the family courts have a vital role to play in that mission by protecting children and safeguarding victims of violence against women and girls. What does the statutory presumption we have been discussing do? As currently designed, it has two important aims. The first is to ensure that any parent who poses a risk to their child can be prevented in law from being involved in their child’s life. The second is to ensure that when it is safe, and only when it is safe, to do so, children are able to maintain some form of relationship with their parent after separation.

Under our current law, the child’s welfare is, as it must be, the paramount consideration. This is known as the welfare principle, and it is enshrined in section 1 of the Children Act. The presumption reflects an understanding that, where it is safe, and only where it is safe, to allow it, and where it would be in the best interests of a child’s welfare, both parents being involved in a child’s life is a goal of family justice.

The Children Act sets out this two-stage process, and it is important that we understand what that process is and how it works when family courts come to consider it. First, the court will consider whether a parent can be involved in a child’s life in a way that does not put that child at risk of suffering harm. If it cannot be assured of that, the presumption does not apply. If a parent can be involved in a way that does not put the child at risk of suffering harm, the child will move to the second stage, and the court will consider whether the parent’s involvement would further that child’s welfare. If there is evidence that a parent’s involvement would not further the child’s welfare, the presumption can be rebutted and will not apply to that parent.

My hon. Friend the Member for Penistone and Stocksbridge set out the history of how that came to be enshrined in our law. In 2014 the Children Act was amended to introduce the presumption of parental involvement, built on well-established case law in our domestic law and in law enshrined in the European convention on human rights. The intention was to recognise the benefits of both parents being involved in a child’s life.

[Emily Darlington]

I appreciate that the Act was amended in 2014, but our understanding of abuse has widened since then to encompass financial, emotional and coercive control—abuse is not limited to just physical violence. In the light of that, is it not time to review the law and change the definition of harm to the child to encompass the wider definition of what we now understand abuse to be?

[Sarah Sackman]

My hon. Friend is absolutely right that the broader understanding of what can constitute abuse has to be incorporated in how we reflect on and review the presumption. The point made by a number of Members—that family courts must never be locations where victims can be re-traumatised by the legal process itself—is a vital one. It is also important that, at the centre of our family courts and law, the best interests and safety of the child are always the focus of any decision making. If we were to ask any family court judge, they would reiterate that that is the law they apply.

It is right, however, that a review has taken place. The Government understand the concerns that have been so eloquently raised today. As my hon. Friend the Member for Penistone and Stocksbridge pointed out, the previous Government and the Ministry of Justice conducted a wide-ranging review of private family law proceedings. A harm panel comprising experts analysed submissions of evidence from victims and families from right across the public, publishing a landmark report on private family law. As I said, family courts must never be a tool for domestic abusers to continue to exert their coercive control and abuse over others.

The panel recommended that we review the presumption of parental involvement, because in some cases it is leading to negative and unintended consequences. That review has been undertaken, and the Government will be publishing the findings. At the moment, we are grappling with what the policy implications of those findings will be. It would not be right for me to pre-empt the publication of the findings, but it is on its way. As soon as we can publish it alongside our policy response, we will.

[Dr Sullivan]

May I ask the Minister for some advice, then? If some of our constituents have found that the family courts process and procedures have led to the re-traumatising of victims, what advice can we offer them? As the Minister eloquently set out, the family courts are not designed to do that, but it does occur.

[Sarah Sackman]

If that is what is being experienced, it needs to be fed back. His Majesty’s Courts and Tribunals Service has complaints processes and, in my hon. Friend, her constituents have an outstanding advocate to make those points. I will be taking back the lessons that we learn in today’s debate, and it is right that the feedback happens. I will come in a moment to what we are doing, not least through the pathfinder pilot, to reshape and reform our family justice system so that the re-traumatisation does not occur. The progress that we are seeing through the pathfinder pilot, which this Government will extend, is a vital part of that work.

One hears talk about reviews, but it is not enough to simply have a review, and it is important that we act on it. We are not waiting to act. As others have said, this Government have a landmark ambition to halve violence against women and girls within the next 10 years. There is a role for our family courts to play in achieving that wider culture change. Others have made the point that we need joined-up, mission-based Government—

Motion lapsed (Standing Order No. 10(6)).

11:30

Sitting suspended.