Marie Tidball MP: speeches 2025

Speeches

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I absolutely do. Furthermore, in response to my hon. Friend’s important point, the report specifically stated: “To the extent that the courts’ pro-contact culture operates as a barrier to addressing domestic abuse, it serves to reinforce that culture.” Indeed, section 6 of the report laid bare that children’s voices are being “muted or unheard” in domestic abuse cases because of the pro-contact culture.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I do agree, and those factors have a cumulative, additive effect on those young people, silencing their voices even more so than those of other victims. That is one of the reasons why the harm report was clear that “the presumption should not remain in its present form” and recommended that it be reviewed “urgently in order to address its detrimental effects.” Today we are focusing on presumption of contact, but there is much more that could be done to make the family court system child-centric. We can be bolder by changing the language in the Children Act 1989 to say explicitly that a presumption of contact should not be given to a known domestically abusive parent. Further, protections could be strengthened by incorporating practice direction 12J in primary legislation. We also need to ensure that no interim contact takes place before assessments are fully completed by CAFCASS. Additionally, we must legally recognise children as victims of financial abuse under the Domestic Abuse Act 2021. Shockingly, there is currently no definition of rape or consent in the family court system.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I do agree, and I thank my hon. Friend for her powerful statement. That is why we must urgently spell this issue out in primary legislation, alongside having a more tightly drawn definition of domestic abuse towards children in section 3 of the 2021 Act. Over four years have passed since the UK Government launched a review of the presumption, as recommended by the harm report. The Conservative Government made no response, but now there is an opportunity for our new Government to take action, look at what other countries are doing and embed child-centred approaches in the family courts. Australia has repealed a similar piece of legislation, and the US is rolling out a law to incentivise states to ensure that their child custody laws properly protect children. We must show leadership and be a beacon of light for children’s rights around the world by changing the law so that family courts prioritise children’s welfare and safety over the privilege of parental contact rights. Our Government must do what the previous Conservative Government failed to do, by taking a child-centred approach and changing the law on presumption of contact. No more towns such as mine should be left to grieve. No more parents should have to make the ultimate sacrifice of the life sentence of losing a child at the hands of an abusive spouse or partner. No more parents should ever have to send their child on a court-ordered visit and hold them tightly in their arms hours later as they die. This Government must now act to save lives for generations to come by ending contact at any cost. Let us not just imagine a world where the voices of children are put at the heart of our family court system, where children such as Jack and Paul are listened to, not ignored, where children have a childhood free of fear and oppression, and where children such as Jack and Paul live the lives they deserved to live. Minister, I urge you to do all you can to make that world a reality.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I do agree. Our court system should be one where justice is achieved for vulnerable victims of abuse, rather than an additional and secondary means of victimising them.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  Absolutely. I will return to this later, but the harm report makes quite clear the re-traumatisation of both children and parental victims of domestic abuse that comes with repeated attempts at contact and the presumption that is currently in place. The consequence of that is a generation of lost voices like Jack and Paul Sykes and Sara Sharif, but there is no definitive way of knowing how many parents whose partner or spouse is a known domestic abuser have been persuaded into some form of shared care because of the presumption. The harm report, published in 2020 by the Ministry of Justice’s expert panel on harm, found that presumption of contact must be reviewed urgently, because the principle “put a misplaced emphasis on the child’s right to a relationship with both parents…above the child’s welfare and right to be safe from abuse and its effects”.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I absolutely do agree and will return to my proposals for reform later.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I agree. As someone who has worked in criminology and criminal justice for over a decade, I think the need for us to move beyond siloed working can be no more important than it is in these sorts of cases. Just yesterday, we learned that the man Kiena Dawes named as her killer when she committed suicide wants to launch a custody battle over their daughter, saying that “I’m coming to get you baby girl”. This man has been jailed for six and a half years for assault of and controlling behaviour towards Kiena. Our current law would allow this person to have unsupervised contact with their child.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I beg to move, That this House has considered the presumption of parental involvement in child arrangements. It is a pleasure to serve under your chairship, Mr Western. There must be urgent reform of the presumption of parental involvement in child arrangements, known in law as presumption of contact, on the basis of evidence and principle, and to ensure that children’s voices are at the heart of our family courts. The de facto common law principle of presumption of contact was legislated for in the Children and Families Act 2014, which inserted sections 1(2A) and (2B) into the Children Act 1989. That legal principle means that parents should always be given contact with their children, even in circumstances where there is a known domestic abuser.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I certainly agree. To illustrate why, I want hon. Members to imagine a school night with a child being repeatedly asked by his father if he had completed his homework. The child replied in an exasperated tone, “Yes.” His dad stepped towards him with his fists ready to punch him. The boy’s mum stepped into the space between the fist and her son, and pushed him out of its way. The full force of that fist hit her so hard that she was spun round and fell down the stairs, bruising her arms, legs and back. From the top of the stairs, the child’s father shouted to his son, “Look what you made me do.” Imagine the same boy being driven to tears after his father made his brother eat peas until he was sick. The boy’s mother left her husband, taking the children with her. Imagine a scene, six months later, where the father barricaded a Children and Family Court Advisory and Support Service officer in her office for 15 minutes. Social services were aware that that same father had made statements that he was capable of killing. Then imagine that, despite knowing all that, a family court permitted the father of those two boys five hours’ unsupervised contact per week. Claire Throssell, my constituent, does not need to imagine that nightmare. She and her two sons, Jack and Paul Sykes, lived it.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  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.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I agree, and nowhere is that clearer than in the cases of my constituent’s sons, Jack and Paul. Not only was their father known to be abusive, but the boys did not want to see him—all while he was demanding 50:50 contact in the family courts. Claire promised her sons that she would not rest until the law was changed to prevent more children from dying like they did. When I was elected last year, I promised to help her. Labour’s important mission to halve violence against women and girls in a decade will require a national effort, and require us to use every tool available to target perpetrators and address the root causes of abuse and violence. Last week’s Second Reading of the landmark Children’s Wellbeing and Schools Bill marked a transformative change to child protection in education, and now we need to hold family courts to the same standard by repealing section 1(2A) of the Children Act 1989.

• 22 Jan 2025 · Child Arrangements: Presumption of Parental Involvement · Hansard source

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  I agree. We have said that we will take a mission-centred approach in Government, particularly to halve violence against women and girls, and I will return to that point. As a reference for Hansard , I mention that Claire Throssell MBE is with us in this Chamber today.

• 20 Jan 2025 · Topical Questions · Hansard source

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  T2. Constituents of mine in High Green were told that a social housing repair project for their home would take 12 weeks. The project has now been ongoing for 64 weeks, with contractors leaving the works in a disgraceful condition. I welcome the Government’s boost to the building of more social housing and the extra £350,000 of homelessness funding announced for Sheffield this week. How does the Minister plan to empower local authorities to ensure that contractors deliver social house building and repairs to a high standard and on time?

• 8 Jan 2025 · Children’s Wellbeing and Schools Bill · Hansard source

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  No, I will make progress. The Bill will implement child-centred government, emphatically embedding it in education and children’s social care, and there must be parallel work to put children first in the family courts. That important piece of the jigsaw puzzle will complement the Bill. I commend the Bill to this House. It takes a landmark approach to safeguarding children at risk, and I am proud to support it.

• 8 Jan 2025 · Children’s Wellbeing and Schools Bill · Hansard source

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  I first met my constituent Claire Throssell at a remembrance service at my old secondary school in Penistone. Every year, the headteacher marks the deaths of Claire’s sons, former pupils Jack and Paul Sykes, who died at the hands of their father, known to be domestically abusive, in a house fire that he started while on a permitted contact visit. The names of most of the children who have been murdered at the hands of their domestically abusive parents in the decades since Claire’s boys were killed remain unspoken, but we must not forget them. Women’s Aid research found that between 2005 and 2015, 19 children, including Jack and Paul, had been killed as a result of unsafe contact with abusive parents. Those children have to remain nameless to avoid causing further distress to their families. Many more deaths will have followed, uncounted and unrecalled. The number of children at risk may be on an even higher scale; in the year to March 2024, in England and Wales, 215,640 “child in need” social care case assessments identified that either a child or parent was experiencing domestic abuse. One name is sadly known to us only too well: Sara Sharif. Her tragic death makes the need for action on this issue all the more poignant, the sentencing of her murderers having taken place just before Christmas. The Bill will help protect children like Sara. It will create a safer, higher-quality education system for every child, and will introduce a register of children who are not in school, to help ensure that no child falls through the gaps when home-educated. Our Government are taking strong action in response to Sara’s death through the Bill’s establishment of a single unique identifier for children, and the introduction of new duties that will improve information sharing across and within agencies, bringing together multi-agency child protection teams from education, social work and the police. I commend the Secretary of State for Education for bringing forward a Bill so transformative of child protection, and so powerful in strengthening regulations on the use of agency workers in children’s social care. My constituent Claire Throssell promised her two boys that no other children would die in the same tragic circumstances. I am proud that our mission-led Government have a mission to halve violence against women and girls in a decade, and recognise the need to use every Government tool available to target perpetrators and address the root causes of abuse and violence. Achieving this mission and fulfilling the promise that Claire made to her children will require us to connect the incredible strategic work in the Bill with the urgent need to change the law to remove the family courts’ presumption in favour of contact. This principle, added via the Children and Families Act 2014 to the Children Act 1989, allows known abusers to have contact with their children, putting their lives at risk.