Private Law Proceedings: Child Safety

Justice – in the House of Commons at on 22 April 2025.

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Photo of Will Forster Will Forster Liberal Democrat, Woking

What steps her Department is taking to ensure child safety during private law proceedings.

Photo of Alex Davies-Jones Alex Davies-Jones The Parliamentary Under-Secretary of State for Justice

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.

Photo of Will Forster Will Forster Liberal Democrat, Woking

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?

Photo of Alex Davies-Jones Alex Davies-Jones The Parliamentary Under-Secretary of State for Justice

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.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

Conservatives

The Conservatives are a centre-right political party in the UK, founded in the 1830s. They are also known as the Tory party.

With a lower-case ‘c’, ‘conservative’ is an adjective which implies a dislike of change, and a preference for traditional values.