Asked by: Will Forster (Liberal Democrat - Woking)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent discussions he has had with the Attorney General’s Office on ending the presumption of parental contact in family court cases.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government announced on 22 October 2025 that it will repeal the presumption of parental involvement when Parliamentary time allows.
Prior to this announcement, a Parliamentary write-round was undertaken which included consideration by the Attorney General’s Office.
The repeal will be taken forward once an appropriate legislative vehicle is identified. This remains a Ministerial priority, and we will announce further plans due course.
Asked by: Harriet Cross (Conservative - Gordon and Buchan)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the potential impact of the Public Office (Accountability) Bill on the intelligence services.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Bill will apply to all public authorities, including the intelligence services. At Second Reading of the Bill, the Prime Minister was clear that the duty of candour would need to apply in a particular way to the intelligence services to get the right balance. We are clear that nothing should undermine our national security.
We are continuing to work closely with families, stakeholders and the parliamentary Intelligence and Security Committee to bring forward amendments that achieve this balance. We will update the House in due course.
Asked by: Mark Pritchard (Conservative - The Wrekin)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to amend the Contempt of Court Act 1981 to reflect public comments about trials on social media platforms.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Rules and restrictions on what can be said during ongoing court proceedings are vital to ensure that trials are fair and justice is delivered. The Government recognises that social media is putting these long-established rules under strain, especially in cases where partial and inaccurate information appears online. The Law Commission is undertaking a review of contempt law which considers whether existing legal frameworks allow us to respond effectively to publications and communications that seriously impede or prejudice the course of justice.
At the Government’s request, the Commission expedited parts of the review relating to our ability to counter misinformation. That report was published in November covering liability and contempt and the role of the Attorney General in contempt proceedings.
We are carefully considering the recommendations and will issue a formal response once both reports have been published.
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what is the (a) shortest, (b) median and (b) longest time taken by the Office of the Public Guardian to process a cancellation request for an existing Lasting Power of Attorney in 2025.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Office of the Public Guardian (OPG) keeps its performance targets under regular review to ensure they remain appropriate and aligned with demand and operational capacity. The performance metrics focus on the registration of new Lasting Powers of Attorney (LPAs) and the discharge of statutory responsibilities. OPG already operates published targets for the registration of LPAs, with performance reported annually.
In 2024–25, the average processing times for LPAs and Enduring Powers of Attorney reduced significantly to 49 working days, down from 76 working days in 2023–24. This improvement reflects sustained efforts to clear a backlog of applications. Amendments to, and cancellations of, existing LPAs vary in complexity, and their timeliness is monitored through internal performance management arrangements. The organisation does not collect or publish detailed operational data on the processing times for deeds of revocation. While OPG aims to process such requests within 15 working days of receipt, it does not record individual clearance times for these cases. As a result, the shortest, median and longest processing times for cancellation requests in 2025 cannot be provided.
Existing guidance on GOV.UK explains the process for revoking an LPA, including the requirement for a donor to complete a Deed of Revocation in the prescribed form. OPG keeps its published guidance under regular review. While OPG does not currently publish specific guidance on the precise legal point at which an LPA is considered revoked, the legal position is set out in the Mental Capacity Act 2005 (MCA), an LPA is revoked once the donor has executed a valid Deed of Revocation and notified OPG. OPG will continue to review its guidance to ensure it remains clear, accessible and aligned with statutory requirements.
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will instruct the Office of the Public Guardian to publish guidance on the point at which a signed Deed of Revocation of a Last Power of Attorney is revoked.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Office of the Public Guardian (OPG) keeps its performance targets under regular review to ensure they remain appropriate and aligned with demand and operational capacity. The performance metrics focus on the registration of new Lasting Powers of Attorney (LPAs) and the discharge of statutory responsibilities. OPG already operates published targets for the registration of LPAs, with performance reported annually.
In 2024–25, the average processing times for LPAs and Enduring Powers of Attorney reduced significantly to 49 working days, down from 76 working days in 2023–24. This improvement reflects sustained efforts to clear a backlog of applications. Amendments to, and cancellations of, existing LPAs vary in complexity, and their timeliness is monitored through internal performance management arrangements. The organisation does not collect or publish detailed operational data on the processing times for deeds of revocation. While OPG aims to process such requests within 15 working days of receipt, it does not record individual clearance times for these cases. As a result, the shortest, median and longest processing times for cancellation requests in 2025 cannot be provided.
Existing guidance on GOV.UK explains the process for revoking an LPA, including the requirement for a donor to complete a Deed of Revocation in the prescribed form. OPG keeps its published guidance under regular review. While OPG does not currently publish specific guidance on the precise legal point at which an LPA is considered revoked, the legal position is set out in the Mental Capacity Act 2005 (MCA), an LPA is revoked once the donor has executed a valid Deed of Revocation and notified OPG. OPG will continue to review its guidance to ensure it remains clear, accessible and aligned with statutory requirements.
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make it his policy to introduce targets for the time taken by the Office of the Public Guardian to process and register (a) amendments and (b) cancellations to existing Lasting Powers of Attorney.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Office of the Public Guardian (OPG) keeps its performance targets under regular review to ensure they remain appropriate and aligned with demand and operational capacity. The performance metrics focus on the registration of new Lasting Powers of Attorney (LPAs) and the discharge of statutory responsibilities. OPG already operates published targets for the registration of LPAs, with performance reported annually.
In 2024–25, the average processing times for LPAs and Enduring Powers of Attorney reduced significantly to 49 working days, down from 76 working days in 2023–24. This improvement reflects sustained efforts to clear a backlog of applications. Amendments to, and cancellations of, existing LPAs vary in complexity, and their timeliness is monitored through internal performance management arrangements. The organisation does not collect or publish detailed operational data on the processing times for deeds of revocation. While OPG aims to process such requests within 15 working days of receipt, it does not record individual clearance times for these cases. As a result, the shortest, median and longest processing times for cancellation requests in 2025 cannot be provided.
Existing guidance on GOV.UK explains the process for revoking an LPA, including the requirement for a donor to complete a Deed of Revocation in the prescribed form. OPG keeps its published guidance under regular review. While OPG does not currently publish specific guidance on the precise legal point at which an LPA is considered revoked, the legal position is set out in the Mental Capacity Act 2005 (MCA), an LPA is revoked once the donor has executed a valid Deed of Revocation and notified OPG. OPG will continue to review its guidance to ensure it remains clear, accessible and aligned with statutory requirements.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has considered introducing a requirement for automatic judicial oversight within a fixed timeframe where state bodies facilitate a significant change in a child’s living arrangements as part of safeguarding practice.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government is committed to protecting children from harm. The Children Act 1989 sets out specific duties for local authorities to provide services to children in their area if they are in need and to undertake enquiries if they believe a child has suffered or is likely to suffer significant harm.
Under Section 46 of the Children Act 1989, police may only facilitate a change in a child’s place of residence despite the refusal of a parent with parental responsibility if a child is at immediate risk of significant harm, by exercising Police Protection Powers. In this case, police may only remove a child or keep a child in a safe place for a maximum 72 hours before requiring a court authorisation to sustain the separation from their parent with parental responsibility.
There are already clear expectations that the local authority brings the matter before the family court within the 72-hour time limit, ensuring judicial oversight of continued change in a child’s place of residence.
Under Section 20 of the Children Act 1989, local authorities can also change a child’s place of residence with the consent of all people that hold parental responsibility for that child.
Whether an application is made prior to or after a child's change of residence, the Government recognises that involvement in family court proceedings, including when children are moved for safeguarding purposes, can be a distressing experience for the families involved. That is why the Department for Education has funded research, conducted by Birkbeck university, into the experiences of parents, children and special guardians involved in public law family court proceedings, as well as a policy and literature review of advice and information materials available to parties. The report setting out their findings and recommendations can be found here: https://eprints.bbk.ac.uk/id/eprint/56714/.
The Government welcomes this report and takes the experiences of children and families in the family court system seriously.
Asked by: Zöe Franklin (Liberal Democrat - Guildford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether national guidance permits (a) police forces and (b) local authority Children’s Services to facilitate a material change in a child’s place of residence without prior court authorisation where one parent with parental responsibility has refused consent.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government is committed to protecting children from harm. The Children Act 1989 sets out specific duties for local authorities to provide services to children in their area if they are in need and to undertake enquiries if they believe a child has suffered or is likely to suffer significant harm.
Under Section 46 of the Children Act 1989, police may only facilitate a change in a child’s place of residence despite the refusal of a parent with parental responsibility if a child is at immediate risk of significant harm, by exercising Police Protection Powers. In this case, police may only remove a child or keep a child in a safe place for a maximum 72 hours before requiring a court authorisation to sustain the separation from their parent with parental responsibility.
There are already clear expectations that the local authority brings the matter before the family court within the 72-hour time limit, ensuring judicial oversight of continued change in a child’s place of residence.
Under Section 20 of the Children Act 1989, local authorities can also change a child’s place of residence with the consent of all people that hold parental responsibility for that child.
Whether an application is made prior to or after a child's change of residence, the Government recognises that involvement in family court proceedings, including when children are moved for safeguarding purposes, can be a distressing experience for the families involved. That is why the Department for Education has funded research, conducted by Birkbeck university, into the experiences of parents, children and special guardians involved in public law family court proceedings, as well as a policy and literature review of advice and information materials available to parties. The report setting out their findings and recommendations can be found here: https://eprints.bbk.ac.uk/id/eprint/56714/.
The Government welcomes this report and takes the experiences of children and families in the family court system seriously.
Asked by: Al Pinkerton (Liberal Democrat - Surrey Heath)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment has been made of the potential merits of increasing funding for support services available to families navigating family court proceedings in cases involving domestic abuse.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government recognises the significant impact of domestic abuse on children and adult victims involved in family court proceedings, which is why we are committed to reforms that improve multi-agency working and provide better support.
Central to these reforms is the expansion of the Pathfinder model which seeks to improve outcomes for children and families involved in private family law proceedings, including those who have experienced domestic abuse. The voice of the child is amplified through a Child Impact Report which assesses the child’s experiences and needs, ensuring these are heard and communicated to the court.
Under the Pathfinder model, victims of domestic abuse are also offered specialist support from an Independent Domestic Violence Adviser. The model currently operates in 10 court areas, backed by £13 million investment in the current financial year.
Asked by: Al Pinkerton (Liberal Democrat - Surrey Heath)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps are being taken to ensure that support provided to children involved in family court cases is (a) child-centred and (b) informed by their lived experience of domestic abuse.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government recognises the significant impact of domestic abuse on children and adult victims involved in family court proceedings, which is why we are committed to reforms that improve multi-agency working and provide better support.
Central to these reforms is the expansion of the Pathfinder model which seeks to improve outcomes for children and families involved in private family law proceedings, including those who have experienced domestic abuse. The voice of the child is amplified through a Child Impact Report which assesses the child’s experiences and needs, ensuring these are heard and communicated to the court.
Under the Pathfinder model, victims of domestic abuse are also offered specialist support from an Independent Domestic Violence Adviser. The model currently operates in 10 court areas, backed by £13 million investment in the current financial year.