News Posted: 16 May 2025

Automatic restriction on parental rights for certain offenders in the Victims and Courts Bill

On 7 May 2025 the Victims and Courts Bill was introduced in Parliament.  Among the measures provided for in the bill is  an automatic restriction on the exercise of parental responsibility for offenders sentenced for four or more years in prison for a ‘serious’ child sexual abuse offence against a child for whom they hold parental responsibility.

Under the provisions, the sentencing judge will make a prohibited steps order.  The offender, or any party in the case, may apply to the Family Court to consider whether to vary or discharge the Order.

For the bill see here

For the government factsheet see here

For the explanatory notes see here

Responding to the introduction of the bill, Isabelle Younane, Head of External Affairs at Women’s Aid, said:

“Women’s Aid welcomes the introduction of the Victim’s and Courts Bill today, and the long overdue opportunity that this legislation presents to improve the support available for survivors of domestic abuse, and other forms of violence against women and girls (VAWG). Sadly, we know that for far too long, women and children have been let down by the complex criminal justice system, which fails to recognise and prioritise the needs of survivors.

Barriers throughout the criminal justice system, including a lack of understanding about the complexities of domestic abuse by professionals, poor support for survivors, and discrimination, leaves many unable to receive justice. In fact, a long history of failing within the criminal justice system has destroyed survivors trust, with less than 1 in 5 women feeling able to report their experience to the police.

The government has committed to halving violence against women and girls in the next decade, but if they are serious about doing so, we need to see root-and-branch reforms to the criminal justice system that reflect the needs of survivors. Commitments need to be made to deliver long-awaited reforms to the family courts so that they prioritise the safety of children, and to ensure proper investment in specialist domestic abuse services – as these chronically under-funded services are crucial to women and children continuing through the justice system and to recovering from their experiences. Women’s Aid also urges the introduction of a new aggravated offence for domestic abuse to improve the visibility of this prevalent issue in the criminal justice system.”

For the press release see here

Commenting on the bill, Barbara Mills KC, Chair of the Bar Council and a specialist family law practitioner, said:

“Parental responsibility should not be regarded as an inalienable right which is retained regardless of parental behaviour and actions. Restricting parental responsibility for perpetrators of child sex offences is a strong protective measure for those left behind after acts of violence and abuse within a family.

“The new proposal follows the implementation of Jade’s Law which restricts parental rights in cases of domestic abuse murder. Findings of abuse are not the end of the story but the beginning of a new chapter for the children – a chapter where their caregivers have to be assisted to grapple with building new foundations which cannot be interfered with by the perpetrator of abuse.

“Together these measures demonstrate the critical importance of putting legislation in place to support the family courts and provide it with the tools it needs to deal effectively with cases of domestic abuse, with an eye to the medium and long term.

“The family courts are well placed to prevent future violence and domestic abuse. The government’s laudable aim of halving violence against women and girls will only be realised if the issue is approached as a family law matter, as much as it is a criminal one.”

The measures have been announced as part of wide-ranging legislation that will also give new powers to judges to punish offenders who refuse to attend sentencing hearings, new powers for the Victims’ Commissioner in relation to the Victims’ Code, and increased flexibility for the Director of Public Prosecutions in appointing Crown Prosectors. The Bar Council will be scrutinising the draft bill before commenting on the details of the proposals.

For the press release see here

Original reporting by Family Law Week

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