Child Arrangements: Presumption of Parental Involvement

Steve Witherden Excerpts

Wednesday 22nd January 2025 Westminster Hall

[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.”