Courts and Tribunals Bill

Marie Tidball Excerpts

Report stage & 3rd reading
Tuesday 13th October 2026 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

Order.

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

Clause 17 of the Bill—Jack and Paul’s law—fulfils my constituent Claire Throssell’s promise to her two beautiful boys after they were killed in a house fire set alight by their known domestically abusive father during a court-ordered contact visit. Claire promised her sons that no more children should lose their lives like they did at the hands of an abusive parent. For nearly 12 years, she has campaigned relentlessly to honour that promise. When I first met Claire, I told her that if I was elected, I would do all I could to help her fulfil that promise, so it is a pleasure to have her in the Chamber with us today. I urge Members across the House to support this Bill and ensure that no more children die like Claire’s sons did, and that no more towns like our hometown of Penistone are left to grieve.

Clause 17 will repeal the presumption of parental involvement in the Children Act 1989: our Government putting children’s best interests first and tackling the pro-contact culture that prioritises parental involvement over children’s welfare. This is urgent. Domestic abuse continues to be everyday business in the family courts, featuring in 90% of the cases reviewed by the Domestic Abuse Commissioner in 2025. Being a parent is a privilege, not a right, and when a parent poses a serious risk to a child, the law must act. Conservative Governments had a decade to act after the tragic murder of Claire’s boys and her campaign to change the law.

[Kirith Entwistle (Bolton North East) (Lab)]

Does my hon. Friend agree that it is staggering that the shadow Minister, the hon. Member for Bexhill and Battle (Dr Mullan), did not even mention amendment 67, tabled in his name, in his remarks?

[Dr Tidball]

I do indeed agree with my hon. Friend.

The Tories failed to act while they were in government, despite the fact that it was a Conservative Government who commissioned the harm report published in 2020. The report stated that

“the presumption should not remain in its present form”,

and recommended addressing its “detrimental effects”. It specifically said that

“the courts’ pro-contact culture operates as a barrier to addressing domestic abuse”,

with the presumption reinforcing that culture and children’s voices being “muted or unheard”, leaving children invisible and silenced like those referred to only as Child A or B in serious case reviews. But Conservative Governments did nothing, and the retention of presumption continued to be fatal.

Since Jack and Paul’s murders in 2014, 19 more children—who we know of—have died at the hands of known domestically abusive parents, including Sara Sharif. That makes a total of 68 child homicides since Women’s Aid started researching this issue. Yet today the Conservatives have the audacity to attempt to remove Jack and Paul’s law from this Bill with their amendment 67. They have the audacity to ignore a report their Government commissioned and to table that amendment, after the inaction of no fewer than five Conservative Prime Ministers. I will not stand for it. Claire Throssell, my fearless constituent, will not stand for it. The people of Penistone and Stocksbridge, so many of whom have stood behind Claire and held her up, will not stand for it. I ask this House to show that it will not stand for it either, and to vote to finally repeal the presumption of contact in law, in order to demonstrate that this House believes that every decision that this Government make in the family courts and justice system must prioritise children’s safety, wellbeing and right to grow up free from harm.

--- Later in debate ---

[Rebecca Smith (South West Devon) (Con)]

Clause 17 would repeal the presumption of parental involvement contained in section 1(2A) of the Children Act 1989. That presumption currently provides that unless the contrary is shown, the involvement of each parent in the life of the child will further the child’s welfare. Amendment 67, tabled in the name of my hon. Friends the Members for West Suffolk (Nick Timothy) and for Bexhill and Battle (Dr Mullan), would keep the presumption that parental involvement is beneficial for the welfare of the child. It is my belief that our legal system should reflect the fact that in most cases, a child benefits from having both parents involved in their life. Clause 17 would do the opposite. It sends a serious social signal that the active involvement of both parents is no longer our expected starting point when considering a child’s welfare.

[Dr Tidball]

Does the hon. Member not agree with the harm report commissioned by her party in government, which found, on the basis of the evidence, that this presumption creates a pro-contact culture, meaning that the voices of children are hidden and unheard? The evidence from Women’s Aid demonstrates that 68 children have lost their lives because of the presumption.

[Rebecca Smith]

I thank the hon. Lady for her intervention and for her powerful speech earlier. Ultimately, the impact assessment for this Bill says that there would be no impact, but I believe that the impact on families more broadly is not worth the change.