🛡️ Government Moves to Protect Children from Abusive Parents Through New Courts and Tribunals Bill

The Government has announced that the upcoming Courts and Tribunals Bill will repeal the presumption of parental involvement from the Children Act 1989. Ministers say the change is intended to better protect children from abusive parents and ensure courts begin each case with an "open minded inquiry" into a child's best interests, rather than assuming contact with both parents is beneficial.

The repeal is being described as a landmark reform, introduced in honour of campaigner Claire Throssell MBE, whose two sons were murdered by their father during court ordered contact. The measure forms part of the Government's wider "Plan for Change" to modernise the justice system, reduce delays, and improve protections for victims.

What Is the Presumption of Parental Involvement?

The presumption was added to the Children Act 1989 in 2014. It requires courts to begin from the starting point that a child's welfare is generally served by involvement from both parents, unless evidence shows that such involvement would put the child at risk.

Critics including domestic abuse charities, survivors, and several parliamentary committees have long argued that the presumption can overshadow safety concerns and lead to unsafe contact arrangements.

What the Government Is Changing

The Courts and Tribunals Bill will:

• Remove the presumption of parental involvement from the Children Act 1989
• Require courts to assess each case without an automatic starting assumption, focusing instead on the child's welfare and safety
• Support a decision making approach where contact and involvement are assessed case by case, including where safeguards or restrictions may be needed

The Government says the repeal "sends a clear message" that child safety takes precedence over parental involvement.

In the Bill’s accompanying impact assessment, the Ministry of Justice describes the repeal as primarily changing the process judges follow, rather than rewriting the underlying test: courts will still treat the child’s welfare as paramount and continue to apply the existing statutory framework (including the Children Act “welfare checklist”). The assessment also notes that repeal on its own is unlikely to materially change outcomes, but is intended to help shift court culture away from general assumptions about parental involvement in cases where there are safety concerns.

Expected Impacts and Risks (as set out in the Impact Assessment)

• Non-monetised implementation work: updates to guidance and advice across parts of the family justice system
• Possible small behaviour change: a limited increase in applications, for example where a parent seeks to revisit existing arrangements
• Potential emotional impacts: concern among some non-resident parents about what repeal could mean for future contact decisions

Why the Change Is Being Made

Ministers cite evidence that the current presumption can leave children exposed to harm. The announcement explicitly references the case of Claire Throssell, whose children Jack and Paul were killed by their father during unsupervised contact ordered by the family court.

The Government states that the repeal is being introduced in her sons' memory and recognises her decade long campaign with Women's Aid.

Reactions

Government

Deputy Prime Minister David Lammy said the reform is intended to ensure "every child deserves to be safe" and to prevent tragedies like the Throssell case. He described the repeal as a "landmark moment" and part of efforts to "bring the justice system back from the brink".

Campaigners

Women's Aid welcomed the announcement as a "historic campaign win", arguing that unsafe contact decisions have contributed to preventable child deaths over two decades. The organisation says the repeal should help ensure that family courts prioritise children's safety rather than treating contact as a default expectation.

Claire Throssell MBE

Throssell said the change is "deeply meaningful" and expressed hope that no child will again be placed at risk through unsafe contact orders.

Other Measures in the Courts and Tribunals Bill

The Bill also includes wider reforms aimed at reducing delays and modernising the courts system, including:

• "Swift Courts" for cases likely to result in sentences of three years or less, heard by a judge alone
• Guaranteed jury trials for the most serious offences
• Judge only trials for complex, lengthy fraud and financial cases
• Expanded sentencing powers for magistrates, up to 18 months (and potentially two years)
• New powers for courts to decide where cases are heard, reducing opportunities for defendants to manipulate listings
• Modernisation measures, including an AI courts assistant, a National Listing Framework, and "Blitz courts" to tackle backlogs in cases involving assaults on emergency workers

The Bill is scheduled for Second Reading in the House of Commons on 10 March 2026.

What Happens Next

The repeal of the presumption will proceed through Parliament as part of the Courts and Tribunals Bill. If passed, the change will formally remove the presumption from the Children Act 1989 and require courts to apply a revised approach to child contact decisions.

The Government has not yet published draft statutory guidance or transitional arrangements, so further detail is expected as the Bill progresses.