Oral Answers to Questions
Will Forster Excerpts(2 weeks ago)
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Sarah Sackman
I am desperately sorry to hear about the case that my hon. Friend describes. Once again, the best thing that we can do for those families, to ensure that they get swifter justice and get their day in court in a timely fashion, is bear down on the Crown court backlog. That is why we are waiting for Sir Brian Leveson to report in the spring, and why we will act promptly on his recommendations.
Mr Will Forster (Woking) (LD)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
The welfare of the child must be the paramount consideration for family courts, which should follow the welfare checklist, as set out in the Children Act 1989. Our new approach to private law proceedings—the pathfinder pilot courts—focuses on problem solving, putting greater emphasis on the voice of the child, but we are acutely aware that more needs to be done.
Mr Forster
The previous Government’s harm panel report stated that there is a crisis in family courts and that they are too pro-parental contact, despite there being concerns about the child’s safety. As with many things under the previous Government, the Conservatives did nothing about the report. Will this Government and the Minister commit to reversing the parental presumption where there are concerns about child abuse?
Alex Davies-Jones
As I have stated, the child’s welfare must be the court’s paramount consideration. The presumption of parental involvement states that a court should
“presume, unless the contrary is shown, that involvement of that parent in the life of the child will further the child’s welfare.”
I take this opportunity to state, however, that that applies only if the parent does not put the child at risk of harm. We will publish our review of the presumption in due course.
Oral Answers to Questions
Will Forster Excerpts(3 months, 1 week ago)
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Shabana Mahmood
The Prime Minister has responded to the other questions that have been raised. The appropriate information was made available at the appropriate time to either the Prime Minister or the Home Secretary. It was right that the Government did not give any commentary that could have collapsed the trial. On the specific charge relating to ricin, that decision required Law Officer approval, which was sought and immediately given.
Mr Will Forster (Woking) (LD)
I know that the Justice Secretary is aware of the tragic case of my constituent Sara Sharif. Will she consider reforming family courts and ending the presumption in favour of parental contact despite the fact that there were safeguarding concerns?
Sarah Sackman
That case of that little girl, Sara Sharif, is one of the most tragic of recent times, and I know that that view is shared right across the House. That is why a safeguarding review is under way to look at all the agencies that were involved and should have been protecting that little girl from those who ended up killing her. We are looking at the presumption: there is a review, and we will consider the findings of that review and publish our response in due course.
Child Arrangements: Presumption of Parental Involvement
Will Forster Excerpts(3 months, 2 weeks ago)
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Dr Tidball
I do agree. I will discuss further proposals later in my speech. Jack and Paul would never have been in the reach of a known domestic abuser, were it not for the presumption of contact. Although schools have a statutory responsibility to report suspected incidents of domestic abuse, in contrast the presumption does not put the children of known domestic abusers first.
Ten years on, this place must hear Jack’s and Paul’s voices reverberate loud and clear, because tragically their voices are not alone. Women’s Aid found evidence of 48 child deaths at the hands of a known domestic abuser that took place following a permitted contact visit between 1994 and 2015. The Domestic Abuse Act, as my hon. Friend the Member for Montgomeryshire and Glyndŵr (Steve Witherden) mentioned, recognises that children are victims of domestic abuse in their own right. Child contact is a known risk indicator for domestic homicide, yet we still do not know the true scale of the problem.
The vast majority of court reports are not published, with only 10% of rulings coming to light. Only last month, the sentencing of Sara Sharif’s known domestically abusive father and stepmother for her murder showed all of us that action is urgently needed to change the law. Her life must not be forgotten.
Mr Will Forster (Woking) (LD)
As the MP for Sara Sharif, I am very thankful that the hon. Lady has raised her case. As she knows, I called for an immediate safeguarding review, to understand the reasoning. However, it appears that the perverse incentive for parental contact, with Sara’s father being given custody, contributed to her death. Does the hon. Lady agree that family courts and that perverse incentive need to be changed?
Dr Tidball
I absolutely do agree and will return to my proposals for reform later.