Parental Responsibility for People Convicted of Serious Offences

Debate between Edward Argar and Sarah Atherton

Monday 7th November 2022 Westminster Hall

[Edward Argar]

The context for what I said was this: the presumption behind the strategy was that the best interests of the child should be taken into consideration. I am going down the rabbit hole slightly here, but previously, a number of mothers would be sentenced for what would be deemed relatively minor offences—offences in which there was no violence against the person or similar. That would happen in circumstances where the mother had a functioning relationship with their child that was at risk of being broken. We sought to provide a little bit more discretion around that, to understand where it was a functioning relationship, and where it might work more effectively. Over the years, the tool that was being used had become blunt.

The hon. Lady asked how many children have a parent in prison. I do not know how many of my predecessors she has had this conversation with, but I will endeavour to find that data, because it would add to the debate.

[Sarah Atherton]

Will the Minister give way?

[Edward Argar]

I will make a little progress, and then I will come to my hon. Friend. The Children Act 1989, as hon. Members will know, starts from the presumption that the child’s welfare—the interests of the child—are paramount. Courts consider that when making decisions.

There are various safeguards already in place to protect children, and they have been set out by the right hon. Member for Alyn and Deeside. They include the duties of local authorities, and the private law orders available to family members in such circumstances, as well as mechanisms that courts can employ to restrict parental responsibility and prevent repeated and unreasonable court applications, or applications that pose a risk of harm. Courts have discretion, through the permissions hearing, to restrict the ability of a perpetrator—a convicted offender—to use the court process in a vexatious way. Finally, I will set out what more can be done to support families in such tragic cases, and the actions that the Government have taken so far.

[Sarah Atherton]

Going back to the female offender strategy that the Minister mentioned, I understand that there will be a pilot unit in Wales—a residential women’s centre. I have been a strong advocate of ensuring that there is some sort of families unit there, so that as women progress towards the end of a sentence, they can be reintroduced to their family and learn parenting skills, and there is a seamless transition to living in the community when they are released. Will the Minister drop me a line on what is happening with the children’s unit? I do not know whether he knows the answer now; if he does, that is great.

[Edward Argar]

I will answer briefly to avoid straying too far from the premise of the debate. Although I am no longer responsible for the female offender strategy, I will certainly ensure that the Minister of State for Prisons, Parole and Probation is made aware of my hon. Friend’s point.

As the hon. Member for Bristol East said, we must look at the issues case by case; there is no one-size-fits-all approach. Each case is different. That is one of the reasons why there are reservations about having an automatic presumption, rather than letting the courts consider each case. It is important to note that under the Children Act 1989, the welfare of the child, rather than the views or interests of any adult, is the uppermost consideration in cases that come before the court.

In determining a child’s welfare needs, the court will have regard to the factors set out in the welfare checklist in the Children Act, including the ascertainable wishes and feelings of the child, the impact on the child of any change in circumstances, any harm that they have suffered or are at risk of suffering, and how capable an individual with parental responsibility is of genuinely meeting that child’s needs and best interests.

In tragic cases such as Jade’s, where one parent has been convicted of murdering the other, the responsible local authority has a duty to protect the child and ensure that they are safeguarded from harm. That may include initiating care proceedings to provide the child with a permanent or interim care arrangement. Such arrangements, as has been set out, can include family members such as grandparents being granted parental responsibility for the child, for example through the granting of a special guardianship order by the court.

The process needs the involvement of the court. Under the principles of the Children Act, and also under our law’s underpinning principles, only a court can restrict or change parental rights. When it is in the child’s best interests, and appropriate given the circumstances of the case, there are mechanisms whereby the court can restrict the parental responsibility of a parent, but that must be done through the court.