Labour scraps law saying both parents matter in child's life
Tories slam ministers for ditching a 'common-sense principle without evidence'
Labour has ditched a law saying both parents matter in a child's life. A government Bill will remove a presumption in the Children Act 1989 that states the involvement of parents in a child's life promotes their welfare.
A later act, introduced in 2014, means that courts need to begin from the position that children benefit from both parents being involved in their upbringing, unless there is evidence that would put a child at risk of harm. Critics have panned the legal tinkering that would remove that presumption, despite safeguards for children already being in place.
Helen Grant, the shadow solicitor general, said: "Children’s welfare must always come first, and that means recognising the value of both parents in a child’s life wherever it is safe.
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"The law already allows judges to set aside parental involvement immediately if there is any risk of harm.
"Labour are scrapping a common-sense principle without evidence, removing the clear starting point that both parents matter and sending the wrong signal about parental responsibility."
Critics suggested that the change could send the wrong signal about the importance of parental responsibility and undermine family values. The Government's Court and Tribunals Bill will remove the presumption.
But the Ministry of Justice disagreed with the criticism, saying that it was trying a new approach intended to reduce the average length of cases.
A spokesman said: "The system we inherited is leaving too many children at risk of harm, which is why we are repealing the presumption of parental involvement and piloting a new approach which has reduced the average case length by 25-30 weeks – better protecting children from abusive parents."
Conservative figures have called for the Government to focus instead on fixing delays in the system rather than undermining the case for parental involvement in their children's lives.
Tory officials said the law already had clear safeguards in place to protect vulnerable children, saying that the presumption of parental involvement could already be set aside if there was a risk to a minor.
They argued that removing that presumption does not strengthen the protection of children, and instead just serves to remove a clear starting point that both parents matter in a child's life.
It is understood that the change has come about following a review of how courts apply the presumption. That review stated that the current process could leave children at risk of harm.
