Victims and Courts Bill – in a Public Bill Committee at 2:00 pm on 19 June 2025.
Amendment proposed: 8, in clause 3, page 6, line 43, at end insert—
“10CA Duty to consider make prohibited steps order where serious sexual offence committed against any child
(1) This section applies where the Crown Court sentences a person (“the offender”) to a term of imprisonment or detention of less than 4 years, for a serious sexual offence committed against any child.
(2) The Crown Court must make a prohibited steps order with respect to each child for whom the offender has parental responsibility.
(3) A prohibited steps order must be made if the court is of the opinion that there is a significant risk to children of serious harm occasioned by the commission by the offender of further serious sexual offences.
(4) In making that assessment, the court—
(a) must take into account all the information that is available to it about the nature and circumstances of the offence,
(b) may take into account all the information that is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,
(c) may take into account any information which is before it about any pattern of behaviour of which any of the offences mentioned in paragraph (a) or (b) forms part, and
(d) may take into account any information about the offender which is before it.
(5) The reference in subsection (4)(b) to a conviction by a court includes a reference to—
(a) a conviction of an offence in—
(i) any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or
(ii) any proceedings before a Standing Civilian Court;
where ‘conviction’ includes the recording of a finding that a charge in respect of the offence has been proved), and
(b) a conviction of—
(i) a service offence within the meaning of the Armed Forces Act 2006, or
(ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059),
where ‘conviction’ includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction).
(6) The order must be made to have effect until the order is varied or discharged by the High Court or the family court.
(7) But the Crown Court must not make a prohibited steps order under this section if—
(a) making the order is prohibited by section 29(3) of the Adoption and Children Act 2002,
(b) a prohibited steps order is already in force that meets the requirements in subsection (3), or
(c) it appears to the Crown Court that it would not be in the interests of justice to do so.
(8) Further, the Crown Court must not make a prohibited steps order under this section if—in respect of any child in respect of whom the offender has parental responsibility—the Court is of the opinion that—
(a) the removal of parental responsibility is not in the best interests of that child; and
(b) there is no significant risk to that particular child of serious harm occasioned by the commission by the offender of further serious sexual offences.
(9) For the purposes of subsection (8), each child in respect of whom the offender has parental responsibility must be considered separately.
(10) A prohibited steps order made under this section does not cease to have effect if—
(a) the offender is acquitted of the offence on appeal, or
(b) the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more, but see section 10D.
(11) Sections 1, 10 and 16 do not apply where the Crown Court proceeds under this section.
(12) A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (proceedings and decisions) as if it were made by the family court.
(13) The Crown Court does not have jurisdiction to entertain any proceedings in connection with the enforcement of a prohibited steps order made under this section.
(14) A reference in this Act to an order under this section includes, so far as the context permits, an order varying or discharging it.
(15) In this section ‘serious sexual offence’ shall have the same meaning as that in s.10C.
(16) The Secretary of State may by regulations amend the list of offences in Schedule ZA1.”—
Division number 7
Victims and Courts Bill — Clause 3 - Restricting parental responsibility of certain sex offenders
Graham Stringer
Labour, Blackley and Middleton South
With this it will be convenient to discuss the following:
Amendment 21, in Clause 3, page 7, line 14, leave out from “and” to end of line 16.
This amendment is linked to Amendment 22.
Amendment 22, in clause 3, page 7, leave out line 20.
This amendment, along with Amendments 20 and 21, would ensure that there has to be a review by the family court in all instances where a prohibited steps order is issued.
Kieran Mullan
Shadow Minister (Justice)
We return to consider the measures on parental responsibility. There was significant debate in our earlier sitting on the need to balance the measures, and the official Opposition and the Liberal Democrats both moved amendments to widen the Bill’s scope in ways that I think would have been proportionate and necessary to secure the maximum possible benefit from a novel measure to protect children from people who would not ordinarily be able to exercise their parental responsibility.
The debate was about the need for balance, which is why, at the same time as seeking to widen the scope of the measure, we want to secure balance by making amendments to ensure that the family court has a bigger role to play where we introduce automatic powers for taking this through the family court.
Under the Bill as drafted, a review by the family court is required only if an offender is acquitted or if their sentence is reduced to below a life sentence or a term of four years or more. The Amendment deletes those conditions by removing proposed new section 10D(1)(b), which limits review to the specific appellant outcomes I have described.
We believe that automaticity, while preferable to the risk of inaction in relation to children, should be enhanced with a considered approach—when time allows—to taking the necessary protective steps. The amendment would ultimately require such orders to be reviewed on their own merit, in a family court, with children’s welfare as the guiding principle. Our amendments would ensure that the safeguarding lens of the family court is engaged in all cases, not just in those that meet certain technical thresholds. This morning, the Minister was keen to emphasise the novelty of these measures, as well as the importance of the family court in considering these issues more widely.
Our amendment would help to ensure that those correctly put points are enacted more consistently than they currently will be. An automatic power, while important, will inevitably have limitations in understanding the specific circumstances of each case. I have spoken to experts in this area, and they highlighted the rare but compelling cases where, despite one parent being convicted of a very serious offence, there may be similar safeguarding concerns about the other parent. Where parental responsibility is removed in one case, it might be left to a single person whom the family court might also consider inappropriate, in isolation, to be exercising parental responsibility.
As unusual as they might sound, I understand that those scenarios sometimes occur. That is why family court practitioners are concerned about the automatic suspension of parental responsibility. Our amendments are designed to counterbalance those concerns and give greater strength to the desire of both the official Opposition and the Liberal Democrats in broadening the scope of automaticity with a stronger safeguard for those exceptional circumstances where, at times, it might not be considered the best approach.
Alex Davies-Jones
The Parliamentary Under-Secretary of State for Justice
The Amendment seeks to insert a requirement for the family court to consider every prohibited steps order made under Clause 3. The Shadow Minister’s intention in moving the amendment is noble. However, the Government must ensure that we are acting in the best interests of all children, and there are several reasons why this amendment cannot be accepted.
First, we must protect the children and families in these horrific circumstances from unnecessary procedural burdens, particularly when there is no challenge to an order by the parties involved. Under clause 3, the prohibited steps order will have been made because an offender has been convicted of serious child sexual abuse offences against a child for whom they hold parental responsibility. For the child, that means that the very person who was supposed to protect them has committed some of the most heinous acts of abuse against them.
In such cases, we believe it is right that a prohibited steps order is made automatically, and that it would not be in the best interests of the child or their siblings for their abuser to continue exercising parental responsibility. However, we have provided flexibility for cases to be considered by the family court, where there is an application to do so.
This amendment would require the victim and their family to go through another set of potentially traumatic legal proceedings after the criminal case has concluded. This would prevent them from moving on with their lives, and we do not want to put that burden on victims and their families at what will already be an incredibly difficult time. We think it is right that, instead of mandating further consideration in the family court, the offender and others should apply to the family court to vary or discharge an order.
Furthermore, we must consider the impact this amendment would have on other, unconnected children already involved in family court proceedings. The family court makes difficult decisions about some of the most vulnerable children in our society every single day. This amendment would increase the caseload in the family court and would undoubtedly impact on the time it takes to resolve cases. Every member of this Committee will have Constituency casework involving the family court, and we do not wish to add to its caseload. It is important that the family court can resolve cases as quickly as possible, and the Government do not want to add to the volume of cases in the system, unless it is absolutely necessary.
Finally, the amendment has inconsistencies that would create difficulties in its application. It maintains the definition of “local authority” as the relevant local authority at the time the verdict of acquittal is entered or the sentence is reduced. As drafted, the amendment leaves open questions as to who the relevant local authority is in cases where no appeal has been made. This would place an additional burden on the Crown court to ascertain who the relevant local authority is and would risk the measure being applied inconsistently.
The good intentions behind this amendment are clear. We all want to ensure that children and their welfare are protected. However, this amendment is not the way to do that. For the reasons I have outlined, we do not think that mandating a family court review is the right approach in these cases, and I urge the shadow Minister to withdraw the amendment.
Kieran Mullan
Shadow Minister (Justice)
I would like to make two points. First, on the drafting, I appreciate that the Government are ultimately responsible for the wording of legislation, but I gently say that perhaps the Minister might review this with her officials. The wording of the Amendment was taken from the previously approved drafting of a similar measure in the Victims and Prisoners Act 2024, which was introduced by the last Government, so there must have been a change of heart in the official advice to the Minister.
On the issue of substance, perhaps the Minister will elaborate on a compromise outside the Committee. These are new and novel measures, and undoubtedly there will be guidance for local authorities when they come into force. The Opposition would be reassured if the Minister committed to ensuring that the guidance highlights to local authorities the importance of carefully considering their role in seeking further review of a case, outside the limited scope of the legislation, in circumstances where parental responsibility is removed through an order. Local authorities will perhaps be in a better position to judge whether leaving someone with sole parental responsibility might not be the ideal scenario.
The Minister will not have a chance to respond, but I would be grateful if she could assure me, perhaps outside in the Committee corridor, that the guidance will be absolutely clear on the burden that will be placed on local authorities, as well as on the importance of local authorities acting swiftly. An automatic order is not necessarily in the best interests of children in all circumstances, when considering the wider factors.
I will not press the amendment to a vote, as I take it in good faith that the Minister will at least have a further discussion with me. I beg to ask leave to withdraw the amendment.
Alex Davies-Jones
The Parliamentary Under-Secretary of State for Justice
We have already debated these clauses at length. I do not wish to labour the Committee or subject it to my voice any longer than necessary. The spirit of the clauses has been debated on the record.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
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.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
In a general election, each Constituency chooses an MP to represent them. MPs have a responsibility to represnt the views of the Constituency in the House of Commons. There are 650 Constituencies, and thus 650 MPs. A citizen of a Constituency is known as a Constituent
The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.
The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.
