Parental Responsibility for People Convicted of Serious Offences

Philip Hollobone Excerpts

Monday 7th November 2022 Westminster Hall

[Mr Philip Hollobone (in the Chair)]

I have been advised that the petition debated today was started following the sad murder of Jade Ward last year. Sentencing in that case has now concluded. However, I remind Members that they must not refer to cases that are currently before the courts and should be cautious in referring to any cases where proceedings may be brought in the future.

[Mark Tami (Alyn and Deeside) (Lab)]

I beg to move,

That this House has considered e-petition 614893, relating to suspension of parental responsibility for people convicted of serious offences.

Thank you, Mr Hollobone, for giving me the opportunity to take part in this important debate. The petition calls for the automatic suspension of parental responsibility for any parent found guilty of murdering the other during their period of imprisonment. I want to place on record my thanks to Jade Ward’s family and friends and, in particular, Edwin Duggan for their dedication and work in putting together this petition, which has received more than 130,000 signatures. That is a remarkable achievement.

At the heart of this debate is the life and memory of Jade Ward. Jade was an enormously loved mother, daughter and friend. She has been described as the sunshine in the lives of all who knew her. She was bubbly, kind and caring, and truly devoted to her four sons. The last days of Jade’s life were spent caring for her grandmother as she recovered from surgery, laughing with her friends in her garden and providing for her children. These final moments typify the life that Jade led and the kind person she was.

On 26 August 2021, Jade was brutally murdered by her estranged husband, Russell Marsh, in a premeditated attack. On 12 April 2022, Marsh was given a life sentence with a minimum of 25 years in prison. After Jade ended their relationship a week before her murder, Marsh had reportedly told friends that if he could not have Jade, no one could. Marsh was a controlling figure throughout their relationship, who would tell Jade who she could see and speak to, and what she could wear and do. When Jade stood up to him, she was killed as punishment.

Jade was just 27 and lived in Shotton. She had four children with Marsh, who were sleeping nearby as their mother’s life was taken away from her. Jade’s family were horrified to learn that, despite these utterly distressing circumstances, they face the prospect of continued contact with the man who murdered their daughter. Although Marsh will obviously not have custody over the children while he serves his time in prison, despite all his appalling actions, under law, he retains parental responsibility. Jade’s mother, Karen, said that she was “absolutely gobsmacked” to hear that her daughter’s killer could still have a say in the boys’ lives. If you walked down any street today, Mr Hollobone, and told people how the law works on this matter, I think they would be gobsmacked too.

What exactly does the law say about this matter? When a child does not have a parent to care for them, local authorities have a duty to safeguard the child and find an interim or permanent care arrangement. The child’s relatives can seek a court order to care for them, local authorities can initiate proceedings with a view to providing for the child’s upbringing and carers can achieve parental rights through a special guardianship order.

Importantly, where two parties have parental responsibility, one party cannot make decisions unilaterally; they must seek the other party’s agreement. Responsibility is automatically equal so, in law, neither party’s parental responsibility is considered more important than the other’s. That stretches to even the most extreme cases, in which one parent has been convicted of murdering the other.

I understand that Jade’s parents have been told that if they want to take their grandsons on holiday abroad, they need permission from the father. A convicted parent must also be consulted on issues such as where the children go to school and the medical treatment they receive. Effectively, Marsh has the right to veto decisions made by Jade’s parents and pursue a family court hearing.

We can only imagine how traumatic that must be for Jade’s parents. They have already suffered the terrible pain of losing their daughter in that way, yet the process as it stands compels them to interact with their daughter’s killer. It acts as a constant reminder of surely the darkest moment in their lives. As with Jade’s boys, the children are often in the care of the family of the deceased parent. The current process effectively grants the convicted parent the means to continue the control and coercion of the family in the way they did prior to the murder of the victim.