The Children Act 1989, which governs how arrangements for children are dealt with, presumes that it will usually be in the best interests of a child to have a relationship with both parents.
That presumption is to be turned on its head with the government’s announcement today that it will repeal the presumption of parental involvement. This announcement comes on the back of campaigners and research showing that prioritising contact can perpetuate the abuse of children in some cases.
The news will be welcomed by children’s rights campaigners and demonstrates the Government’s commitment to place “the wellbeing and safety of children at the forefront of decision making.”
The proposed changes have been influenced by tireless campaigning by Claire Throssell, whose two sons were tragically killed by their father. He had been permitted to continue to have contact with the two boys despite having previously made threats to kill them.
Whilst the proposed changes will mark a significant change in the law, it is unclear at present when these changes will actually be brought in. The Government has indicated it will action the changes when parliamentary time allows.
The Government has also announced that it will automatically restrict the parental responsibility of those parents who have been convicted of a serious sexual offence against a child and where a child is born as a consequence of rape.
The Ministry of Justice’s Final Report can be read here – https://assets.publishing.service.gov.uk/media/68f5f5c206e6515f7914c7e3/Review_of_the_Presumption_of_Parental_Involvement_Final_Report_.pdf
