Children Act 1989 Reform: Repealing the Presumption of Parental Involvement to Prioritise Child Safety

The UK Government has announced a significant reform to the Children Act 1989: the proposed repeal of the statutory presumption of parental involvement. This change marks a pivotal shift in how family courts approach child arrangements, placing child safety and wellbeing above all else.

Understanding the Current Presumption

Since its introduction via the Children and Families Act 2014, Section 1(2A) of the Children Act 1989 has required courts to presume that a child’s welfare is best served by the involvement of both parents unless such involvement would put the child at risk. While well-intentioned, this presumption has come under scrutiny for inadvertently prioritising parental rights over child protection.

Why Is the Presumption Being Removed?

The decision to repeal follows years of campaigning by survivors, legal professionals, and child welfare organisations. Evidence from serious case reviews and the Ministry of Justice’s Harm Panel Report (2020) highlighted that the presumption contributed to a “pro-contact culture” in family courts. In some cases, this led to unsafe contact orders, even where there were clear indicators of domestic abuse, coercive control, or other safeguarding concerns.

The tragic case of Claire Throssell, whose children were killed by their father during court-ordered contact, became a catalyst for change. Her advocacy, alongside others, has helped shift the narrative from parental entitlement to child-centred protection.

What Will Replace the Presumption?

The repeal does not mean that parental contact will be discouraged. Rather, it removes the automatic assumption that such contact is beneficial. Courts will continue to apply the welfare checklist under Section 1(3) of the Act, assessing each case on its individual merits. The focus will be on:

• The child’s wishes and feelings (considered in light of age and understanding)

• The child’s physical, emotional, and educational needs

• The potential impact of any change in circumstances

• Any risk of harm, including exposure to abuse or neglect

This approach reinforces judicial discretion and ensures that contact decisions are made based on evidence not presumption.

Additional Safeguards Proposed

Alongside the repeal, the Government is introducing further measures to protect children:

• Automatic restriction of parental responsibility where a child is conceived through rape and the offender is convicted

• Streamlined procedures to prevent abusive parents from exercising parental rights post-conviction

• Enhanced training for judges and professionals on domestic abuse and trauma-informed practice

These reforms aim to reduce the burden on survivors who currently must apply to the family court to restrict parental responsibility - a process that can be lengthy, costly, and emotionally draining.

Implications for Family Mediators and Legal Professionals

For practitioners, this reform necessitates a recalibration of how child arrangements are discussed, assessed, and documented. Key considerations include:

• Conducting thorough safeguarding checks before recommending contact

• Avoiding language that implies entitlement or obligation to parental involvement

• Supporting clients to articulate concerns about safety without fear of being dismissed

• Ensuring that mediation remains a safe space, with clear boundaries and appropriate screening

Professionals must also be prepared to explain the legal shift to clients, particularly those who may have relied on the presumption in previous proceedings.

Conclusion

The repeal of the presumption of parental involvement is a decisive step toward a more child-focused family justice system. It acknowledges that while parental relationships are important, they must never come at the expense of a child’s safety. For families, professionals, and policymakers, this reform offers an opportunity to re-centre the conversation around protection, dignity, and the long-term wellbeing of children.

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