Oral Answers to Questions
Sarah Atherton Excerpts(1 year, 9 months ago)
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Dominic Raab
The challenge is less gaps in the law and more evidential difficulties in bringing prosecutions, but I share the hon. Lady’s aim to do everything we can with new technology to ramp up the number of prosecutions, to make sure there is accountability for what is, it must be said, an awful crime.
Sarah Atherton (Wrexham) (Con)
HMP Berwyn in Wrexham is piloting an MOJ employment board, chaired by John Murphy of J. Murphy and Sons and the governor, Nick Leader. The board brings together businesses and agencies to equip prisoners with meaningful employment ahead of release via work academies that certify them in logistics, construction and hospitality, while addressing issues for reoffending. I sit on the board, and I know that the Justice Secretary has not visited the UK’s newest and largest prison, so will he visit, please?
Dominic Raab
How could I resist such a tantalising offer? My hon. Friend makes the case powerfully. As the Prisons Minister just said, this can bring huge opportunities to the local economy, but critically, it gives offenders who are willing to take a second chance to turn their lives around an opportunity to get skills and get into work, and that makes our communities safer.
Parental Responsibility for People Convicted of Serious Offences
Sarah Atherton Excerpts(2 years ago)
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Mark Tami
I agree, because it just does not stop and there is no chance to move on—not that it would ever be easy to move on. It gives the convicted person even more weapons to use against the family of the deceased.
It must be extremely traumatic for the children to know that the person who killed their mother or father knows so much about their lives, particularly if they witnessed the murder. The law surrounding parental responsibility is clearly not fit for purpose and facilitates further unnecessary emotional trauma. It helps perpetrators with a history of domestic abuse to practise their controlling and psychological abuse from inside their prison cell. We often think of domestic abuse as physical violence, which it is in many cases, but at its root is control. It is about the perpetrator controlling their so-called partner, and having control from their prison cell must give them a real buzz.
If parental rights are by default retained, even in the most horrific of circumstances, when can they be restricted? The Children Act 1989 allows the guardian or holders of a residence order to go to a family court to bring a prohibited steps order against a person with parental responsibility, but the onus is still on the family to prove that parental rights should be revoked. It is expensive and time-consuming, and is an emotionally draining process for the families, who have to come to terms with the tragic loss they have just experienced. That is why Jade’s family—Karen, Paul and Pip—and their friends are campaigning to have the parental responsibility of a parent who is found guilty of murdering the other parent automatically suspended.
Sarah Atherton (Wrexham) (Con)
I am very moved by the right hon. Gentleman’s speech. As someone who brought up a child on my own, I often worried about what would happen if something happened to me. Does he agree that the current system fails to put the child at the centre of the legislation?
Mark Tami
I agree with the hon. Lady. I will go on to talk about family courts, including some of their problems and the lack of connection between what happens there and in other courts. In this case, and indeed in many other cases, children can be effectively weaponised by the person who has committed the offence, who can carry on their control and abuse.
Currently, the onus is on the family to prove why Marsh’s parental responsibility should be revoked or restricted, whereas Jade’s law calls for parental responsibility to be automatically suspended in circumstances such as these, putting the onus on the killer to go through the legal hoops of proving they deserve parental responsibility, freeing the victim’s family of the traumatic burden they currently carry. As Jade’s mother said:
“We are going through enough without having him looming over our heads.”
That really sums up the situation we find in the law today.
Unfortunately, Jade’s family are not the only ones. Ahead of the debate, the Chair of the Petitions Committee, my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell), spoke to survivors of domestic abuse who are experiencing ongoing issues relating to the retention of parental responsibility by ex-partners. Their experiences highlighted just how far our laws on parental responsibilities and the family court system are failing children and victims of domestic violence.
One issue that came out strongly from the discussions was that violence committed against a parent is not distinct from violence against a child. Indeed, allowing a child to witness or be surrounded by violent behaviour is inherently abusive in itself. A parent’s willingness to subject their child to that surely calls into question their ability to act in that child’s best interests.
Yet women who spoke to the Committee felt that family courts do not recognise that. Despite all the convictions for traumatic sexual, physical and emotional abuse, the threat those men pose to their own children’s welfare does not seem to be acknowledged. Over and over again, the Committee heard that the abuser’s right to be a parent was prioritised over the children’s right to safety. A woman whose former partner was convicted of sexual abuse offences asked what I think is a perfectly reasonable question: why should he be allowed to access their children when he was considered too dangerous to work with or be around other people’s children?
For victims of domestic violence and for families who have lost loved ones to an abusive partner, the criminal justice process is often just too traumatic. Not only are they forced to relive harrowing experiences, but they have to come back into contact with the person responsible for them. One might think that once proceedings have ended and a criminal charge has been made and proven, they could begin to move on, but since family and criminal courts are distinct from each other, victims are forced to restart the emotional and burdensome process to restrict parental rights.
One of the women who spoke to the Chair of the Petitions Committee found the family court system itself to be abusive. With renewed contact with her ex-partner, it became a new avenue through which he continued his controlling behaviour. A common opinion was that family courts are not equipped to deal with traumatic cases of murder and domestic abuse.
Both Jade’s family and the women who spoke to the Committee also emphasised the financial pressure imposed on them by the current system. Pursuing a case in the family court is expensive, and the lack of funding for legal aid is a longstanding issue, as we all know. Victims and their families are forced into thousands of pounds of debt to restrict parental responsibility, or they face compromising on the safety of their children.
Since the beginning of the family’s campaign, the Government have stated that there is already scope for courts to exercise powers
“to effectively remove all parental powers and authority in appropriate cases.”
However, the Government are missing the point. Jade’s family and friends are already aware of the law as it stands and the current process of restricting parental responsibility, but they, and we, are saying that the process is wrong. The onus should be on the convicted murderer to prove they should have parental responsibility, rather than the family having to make the case for why that person should not. Jade’s law would be a simple, common-sense way of shifting the burden away from a victim’s family and friends, who have already suffered the anguish of the murder of their loved one. Jade’s law would put an end to the endless cycle of psychological torment, lengthy and costly court processes and the constant harrowing reminders that the current system puts on a victim’s family and friends.
Let us be clear: Jade’s law does not demand the automatic removal of parental responsibility for cases such as these; it demands an automatic suspension, giving the perpetrator the opportunity to go through the legal hoops themselves to prove that they should be entitled to those parental powers. The perpetrator will have to prove they have changed their ways and admitted to their crimes, and that they have gone on a long journey to have the right to be involved in their children’s lives, not the other way round.
The petitioners recognise that there are nuances. For instance, they recognise that there are specific circumstances where it would be right to exempt someone convicted of killing the other parent from an automatic suspension of parental responsibilities. These would include where a convicted person could prove that there was a history of domestic abuse in their relationship and that, although the murder cannot be condoned, the murder trial concluded that provocation was a mitigating factor. However, the principle of shifting the burden of proof is the key message that we are sending the Government today.
Sarah Atherton (Wrexham) (Con)
It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank the right hon. Member for Alyn and Deeside (Mark Tami) and the petitioners for bringing us this important debate. I extend my heartfelt condolences to Jade’s family, and thank them for their bravery in advocating for change at such a tragic time.
Looking at the list of petition signatories by parliamentary constituency, there is clearly a strong geographical centre of support in north Wales and just across the border, with strong pockets of support in Delyn, Vale of Clwyd, Ellesmere Port, Chester and, of course, Wrexham. Some 878 people in Wrexham signed the petition, but I have no doubt that support for its aims extends right across the country, across parties and borders.
Let me touch on a few points. The Government’s initial response states that, under the Children Act 1989, parental responsibility can already be lifted by the court. There is a mechanism in the Act that allows for a member of a child’s family to care for that child if there is no parent to do so on a day-to-day basis. I am pleased that that safeguard and option is already in law, as it should be, but the law could go further.
My concern is that the process of obtaining that legal status is lengthy and expensive, and that, as a direct result of that lengthy process, parental responsibility remains with the perpetrator of a crime until the process is complete. If the process of obtaining what I understand is called a special guardianship order was less time consuming, less expensive and less onerous for family members who honourably try to do the right thing in difficult circumstances, we might not be seeking the automatic removal of parental responsibility.
Although it is different from Jade’s law, I do have some experience with the case of constituent who is trying to obtain an order to take over parental responsibility for their grandchildren in the absence of parents who are present and able to parent. My constituent’s case constituent highlighted to me how difficult and expensive it is to obtain the guardianship of grandchildren.
Obtaining a special guardianship order can cost thousands and thousands of pounds, and that is assuming that the parent gives consent in the first place. That is the exact opposite of what we should be trying to achieve; where a family member is willing and able to take care of children, we should support them to do so, not put barriers in their way. We should not be making it more difficult for children to be looked after by their family rather than the state. First, being cared for by their family is the best and safest option for children, as they already know them and their routines. Secondly, a child being looked after by the state should never be the preferred first option. The process currently makes it easier for children to be looked after by the state, at significant cost, than by members of their family. In my view and that of the constituents of Wrexham, that is wrong.
The safety and wellbeing of a child are always paramount. I was a nurse and social worker for 27 years, so I have first-hand experience of children being removed from their homes and placed in temporary accommodation that lasts year after year. From many years of seeing this, I know that there is no substitute for a child being raised by their family in a safe and loving home. If all necessary safeguards and checks have been done, and this arrangement can be accommodated, it absolutely should be. Of course, there should be a presumption that if one parent murders another, parental responsibility is removed.
My concern with automatically removing parental responsibility is that we need to have processes in place to deal with the gap in care and decision making. At the moment, the process for handing parental responsibility to family members is too laborious, costly and stressful. We need to make allowances for that or make the process easier, so that children are not automatically cared for by the state when they do not need to be. Local authorities need to be more supportive of families applying for a special guardianship order. However, where the state is needed—remembering that health and social care is devolved in Wales—the Welsh Government need to ensure that councils are adequately funded, so that children always have timely and appropriate care and do not fall between the gaps. Where there are family members who are fit, willing and able to make decisions for the children, that option should always be the priority.
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.
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.
Oral Answers to Questions
Sarah Atherton Excerpts(3 years, 2 months ago)
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Antony Higginbotham (Burnley) (Con)
Sarah Atherton (Wrexham) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I speak regularly with my right hon. Friend the Home Secretary on the actions our Departments are taking to beat crime. Our joint approach will protect the law-abiding majority, swiftly bring criminals to justice, and ensure that offenders are managed with rigour and discipline. Significant work is already under way to deliver on our beating crime plan, including more joint supervision of offenders by probation and the police, working with other local services.
Robert Buckland
I am grateful to my hon. Friend, who speaks passionately for his community. He knows of course that sentencing guidelines are a matter for the independent Sentencing Council. Indeed, earlier this year it issued revised guidelines for drug offences that reflect many of the issues he raises, including the increased exploitation of children and vulnerable people to facilitate drug offences, changes to drug purity and the types of drugs commonly in circulation. Of course, I will continue to speak with him about these important matters.
Sarah Atherton
As we know, antisocial behaviour blights all our towns and cities, and Wrexham is no exception. I welcome this Government’s strong stance to tackle crime through community sentencing orders. Will my right hon. and learned Friend congratulate Inspector Luke Hughes and the Wrexham town police station on their work, collaboratively with the council and other agencies, to tackle antisocial behaviour as our town has reopened and on championing the sobriety tags?
Robert Buckland
I am more than happy to join in that praise. My hon. Friend is right to highlight the local work that has been going on in Wrexham and in Wales. As announced in our beating crime plan, we are going to be trialling alcohol monitoring tags with prison leavers in Wales later this year. That I think will provide a clear incentive for offenders to control their drinking and ensure swift consequences if their alcohol-related risk is escalating.
Oral Answers to Questions
Sarah Atherton Excerpts(3 years, 4 months ago)
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Bob Blackman (Harrow East) (Con)
Sarah Atherton (Wrexham) (Con)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
We must rehabilitate offenders by focusing relentlessly on the factors that we know drive reoffending. That is why we are working across Government to support people into a job, stable accommodation and treatment for substance misuse. We have recently announced a £200 million investment in third-sector providers that deliver specialist rehabilitation services to address those core priorities.
Alex Chalk
My hon. Friend speaks with great authority on this matter. This House will recall well the excellent work that he did in respect of the Homelessness Reduction Act 2017. He is absolutely right. We are investing more than £20 million in a landmark new accommodation service, providing up to 12 weeks of accommodation for prison leavers who would otherwise be homeless. That will start later this summer in five of our probation regions in England, but we want to go further. We want to introduce housing specialists in 20 prisons to strengthen partnerships with key stakeholders such as those of local councils and housing providers and to improve the expertise in prisons. We also want prison work coaches, so that not only is the accommodation sorted, but getting into a job is as well. Why is that important? It is because those who leave with a job reduce their chances of reoffending by 9%, changing lives in the process.
Sarah Atherton [V]
HMP Berwyn is one of the largest and newest prisons in Britain and has been chosen as a pilot site for the Ministry of Justice’s employment advisory board scheme. This scheme will bring together business leaders, prison coaches, statutory services and the MP in order to secure employment for offenders on release. I thank the Minister for backing Berwyn and invite him to Wrexham to see the businesses that are putting their faith in the justice system and to sample one of Berwyn’s award-winning custodial pies.
Alex Chalk
I am very grateful to my hon. Friend for her question, but I am even more grateful to her for being such a champion of HMP Berwyn and, indeed, of this important initiative. She is absolutely right: getting more prison leavers into jobs is key to cutting crime. As I have indicated before, it reduces the chance of reoffending by 9%. Of course, I would be delighted to visit her in Wrexham to see the great work of the employment advisory board. I congratulate her and all those she is working with on their fantastic work at Berwyn in the Custodial Pie Corporation, upskilling men in the hospitality industry.
Oral Answers to Questions
Sarah Atherton Excerpts(4 years, 5 months ago)
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Sarah Atherton (Wrexham) (Con)
Sir Desmond Swayne (New Forest West) (Con)
The Minister of State, Ministry of Justice (Lucy Frazer)
Mr Speaker, I know the subject of court reopenings is very close to your heart.
To support the Prime Minister’s commitment to crack down on crime, we are investing up to £2.5 billion to provide 10,000 additional prison places. Construction for our prison at Wellingborough has continued safely since restrictions were imposed in March, and in May we started on early works for our prison in Glen Parva.
Sarah Atherton
Will my hon. and learned Friend please provide an update on the women’s residential centre pilot scheme, which is due to be located in Wales?
Lucy Frazer
As my hon. Friend will know, on 5 May I announced our commitment to locate the first residential women’s centre in Wales, and we are now working closely with our Welsh partners to develop a detailed proposal for the site in Wales. Our intention is for that to open by the end of 2021. I am grateful for her continued interest, and I look forward to meeting her to discuss it next week.