Question to the Ministry of Justice:

To ask His Majesty's Government whether there has been an impact assessment of clause 17 of the Courts and Tribunals Bill on fathers in prison who are trying to retain parental responsibility.

Clause 17 of the Courts and Tribunals Bill will repeal the statutory presumption of parental involvement from section 1 of the Children Act 1989. The aim of repealing this measure is better to protect children from harm, including harm which might result from contact with abusive parents or resulting from decisions made by abusive parents.

The Government has thoroughly assessed the impact of repealing the statutory presumption of parental involvement. The impact assessment for Clause 17 of the Courts and Tribunals Bill does not look at fathers who are prisoners as a distinct group.

The impact assessment for this measure can be found here: https://publications.parliament.uk/pa/bills/cbill/59-01/0389/Non-IRCC_impact_assessment.pdf

The equalities statement for this measure can be found here: https://assets.publishing.service.gov.uk/media/699dfa26db2401de164d6c90/courts-tribunals-bill-equalities-statement.pdf

Both documents have also been attached for ease.

Repealing the statutory presumption does not diminish the importance of a parent being involved in their child’s life – through contact or through holding or exercising parental responsibility - where it is safe and beneficial. Rather, it ensures that the child’s welfare continues to be placed first in every decision.

Repealing the presumption means that courts, when making decisions, including applications related to parental responsibility, will adopt an openminded enquiry as to what is in a child’s best interests rather than starting from an assumption about parental involvement. Courts will continue to use the provisions set out in the Children Act 1989. In making decisions about the exercise of parental responsibility, the court will continue to be guided by the welfare checklist in order to ensure a thorough assessment of each child's circumstances.

Courts will continue to make orders for a parent (including a parent who is a prisoner) to be involved in a child's life, where that is safe and in the child’s best interests. HMPPS will continue to provide a range of services to maintain family contact and are updating the Strengthening Family Ties Policy Framework to reaffirm this, setting out clear expectations for how prisons should support people in custody to develop and sustain positive family relationships.