Government to Repeal Presumption of Parental Involvement in Landmark Child Protection Reform

Earlier this month, following requests for reform through campaigns led by Claire Throssell MBE, a survivor and ambassador of Women’s Aid, the Government announced plans to repeal the presumption of parental involvement from the Children Act 1989. This reform is a significant shift in family law relating to children. The proposal aims to prioritise children's safety and wellbeing over automatic parental contact in Family Court decisions.

Section 1 of the Children Act 1989 was amended in 2014 through the Children and Families Act, requiring Courts to assume that a parent’s involvement - whether direct or indirect - would benefit a child’s welfare, unless evidence suggested otherwise.

While intended to support shared parenting, a review published by the Ministry of Justice found that the presumption was inconsistently applied and rarely disapplied. Worryingly, from the analysis of 245 cases, there was a high incidence of contact orders involving parents who posed a risk of harm.

Justice Minister Baroness Levitt KC stated, “Being a parent is a privilege, not a right: the only right that matters is a child’s right to safety.”

Claire Throssell, MBE, whose sons Jack and Paul were tragically killed by their abusive father in 2014, has worked alongside organisations, showing bravery and courage in the face of unimaginable loss and tragedy.

Under the proposed changes, Courts will retain the ability to restrict parental involvement where there is a threat to a child’s safety. This includes options such as supervised contact, indirect communication, or no contact at all. The repeal reinforces the principle that child welfare - not parental rights - must be the paramount consideration in family law.

This proposed reform signals a broader shift in the culture of Family Law: one that places the voices and needs of children at the centre of decision-making. For practitioners, policymakers and families alike, it is a reminder that legal frameworks must evolve to reflect the realities of risk, harm and the complexities of modern family life. Ensuring children are genuinely safeguarded requires both vigilance in the Courts and a commitment across society to uphold their welfare above all else.