Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether national guidance permits (a) police forces and (b) local authority Children’s Services to facilitate a material change in a child’s place of residence without prior court authorisation where one parent with parental responsibility has refused consent.

This Government is committed to protecting children from harm. The Children Act 1989 sets out specific duties for local authorities to provide services to children in their area if they are in need and to undertake enquiries if they believe a child has suffered or is likely to suffer significant harm.

Under Section 46 of the Children Act 1989, police may only facilitate a change in a child’s place of residence despite the refusal of a parent with parental responsibility if a child is at immediate risk of significant harm, by exercising Police Protection Powers. In this case, police may only remove a child or keep a child in a safe place for a maximum 72 hours before requiring a court authorisation to sustain the separation from their parent with parental responsibility.

There are already clear expectations that the local authority brings the matter before the family court within the 72-hour time limit, ensuring judicial oversight of continued change in a child’s place of residence.

Under Section 20 of the Children Act 1989, local authorities can also change a child’s place of residence with the consent of all people that hold parental responsibility for that child.

Whether an application is made prior to or after a child's change of residence, the Government recognises that involvement in family court proceedings, including when children are moved for safeguarding purposes, can be a distressing experience for the families involved. That is why the Department for Education has funded research, conducted by Birkbeck university, into the experiences of parents, children and special guardians involved in public law family court proceedings, as well as a policy and literature review of advice and information materials available to parties. The report setting out their findings and recommendations can be found here: https://eprints.bbk.ac.uk/id/eprint/56714/.

The Government welcomes this report and takes the experiences of children and families in the family court system seriously.