Family law changes, including plans to repeal the presumption of parental involvement contained in the Children Act 1989, have been announced by the government.

Amendments to the Victims and Courts Bill will introduce measures including that parental responsibility be automatically restricted where a child is born of rape.

The amendments, tabled in parliament this week, further encompass reforms in relation to parents convicted of serious sexual offences against any child. They will no longer be able to take ‘active steps’ in their child’s life.

The reforms follow campaigning by Labour MPs Natalie Fleet and Jess Asato, and Baroness Harriet Harman, to provide greater protection for vulnerable children. Restrictions will be imposed immediately following sentencing to remove the necessity of applying through the family court. An automatic restriction would not be made if this is ‘in the interests of justice’.

Deputy prime minister and justice secretary David Lammy said the reforms were a ‘crucial step forward in restoring faith in our justice system’. He added: ‘Automatically restricting parental responsibility in cases of rape where it has led to the birth of a child and serious child sexual offences sends a clear message: the rights and safety of children come first.’

Read more

Fleet said: ‘[This amendment] puts the rights of survivors above the rights of rapists and signals a landmark shift in how this country’s legal system values safety, dignity, and truth. It will deliver powerful, lasting change for thousands of women and children and I am delighted that this government has listened to our concerns and acted so swiftly.’

In cases where a defendant has been convicted and sentenced for a rape that resulted in the birth of a child, the restriction of the defendant’s parental responsibility would only apply to the that child. The Crown Court will be required to make a prohibited steps order.

If it has not been established during criminal proceedings that the offending led to a child being born, but the defendant is convicted of rape and the court considers the child may have resulted from that offending, the court must refer the case to the relevant local authority. The local authority must then apply to the family court.

Alex Davies-Jones, minister for victims and tackling violence against women and girls, said the reforms would ‘shield both mothers and children from the heinous actions of predatory parents’.

The bill is to have its report stage and third reading next week (27 October) in the House of Commons.

A second change aimed at protecting children was announced following campaigning by Claire Throssell, survivor ambassador of Women’s Aid, whose children Jack and Paul were killed by their abusive father 11 years ago. The presumption of parental involvement is to be repealed from the Children Act 1989.  

The current law includes safeguards to restrict involvement of a parent or guardian where it is detrimental to a child’s welfare. The government will remove the law entirely to ‘send a clear signal that the government is placing the wellbeing and safety of children at the forefront of decision making’.

Justice minister Baroness Levitt KC said: ‘It is apparent from our research that the presumption of parental involvement can, in some cases, lead to contact being ordered even in cases where there has been domestic abuse. Our priority must always be children’s welfare.’

Bar chair Barbara Mills KC said the repeal was a ‘strong protective measure for families affected by violence and abuse’ adding: ‘This measure alone is not enough. This reform must be accompanied by funding to ensure all parties are represented and have access to non-means-and non-merit-tested legal aid….The courts need legislative backing and resources to deliver justice that is truly child-centred and survivor-focused.’