Children exposed to the family courts will be protected from harm under plans by the Government to repeal the presumption of parental involvement under the Children Act 1989.
Evidence has shown that prioritising contact can perpetuate child abuse in the worst cases. The repeal found that assuming its always in the best interest of a child to have the involvement of both parents can perpetuate abuse. Removing the law where safeguarding is in place to restrict involvement where it is detrimental to a child’s welfare, is evidencing that the Government is placing the wellbeing and safety of children at the forefront of decision making.
Claire Throssell’s Story:
Claire is a domestic abuse survivor whose two sons, Jack and Paul, were tragically killed by their father in October 2014. Darren Sykes, killed their two sons in a horrific arson attack in his home. Despite Claire’s warning to the family Courts about the dangers posed by their father, he was granted unsupervised contact with the children. In a terrible act of revenge, the father barricaded the children in an attic and set fire to the house, resulting in their deaths.
Claire’s story has lead her into becoming a passionate advocate for changes in the family Court system, to protect children from their abusive parents. Her efforts have led to significant changes, including mandatory assessments of potential risks to children in custody cases. Claire was recognised and honoured with an MBE for her work in raising awareness about domestic abuse and advocating for legal reforms.
This current Government action to protect children from abusive parents, has been spearheaded by the tireless campaigning of Claire Throssel.
Deputy Prime Minister, David Lammy has said:
‘Claire Throssell is simply remarkable. Her courage in the face of unimaginable tragedy, her determination to prevent other families from suffering as she has, and her relentless advocacy for children’s safety has been instrumental in bringing about this vital change. As we mark this important step forward in the law, I pay tribute to her sons, Jack and Paul, whose memory drives our commitment to ensuring no other child suffers a similar fate.
This reform is part of our broader Plan for Change – our mission to break down barriers to opportunity and give every child the best start in life. We are rebuilding trust in our justice system by putting victims first and ensuring that the protection of children is never compromised’.
Claire Throssell, MBE, Survivor Ambassador of Women’s Aid, comments;
‘Although today’s announcement can never bring back Jack and Paul it will give children further protection against preventable harm in their lives. No child should have to hold out a hand for help in darkness to a stranger and say that they have been hurt by someone who should love and protect them most. No parents should have to hold their children as they die, from the abuse of a perpetrator, as I did a decade ago’.
Farah Nazeer, Chief Executive of Women’s Aid, said:
‘Changes to the presumption are an important first step but with the existing ‘pro-contact’ culture being deep-rooted in the family courts, comprehensive action needs to be taken to overturn these dangerous attitudes and beliefs that are putting lives at risk. We urge both the government and family courts to engage with expert organisations like Women’s Aid, to ensure the creation of a family justice system that is safe for all adults and children through further implementation of the Harm Panel’s recommendations’.
The Government has also advised that there are plans to automatically restrict the exercise of parental responsibility in cases where a person with parental responsibility has been convicted of a serious sexual offence against any child, and where a child is born of rape. Protecting both mothers and children, these amendments to the Victims and Courts Bill are crucial on the government’s mission to halve violence against women and girls in a decade.
Presumption of Parental Involvement – Presumption of parental involvement review – GOV.UK
