Commons Sense

House of Commons · Westminster Hall

Parental Responsibility for People Convicted of Serious Offences

07 November 2022 · 5 other contributors · 12,218 words

Opened by Mark Tami Lab Alyn and Deeside

Responding minister: Edward Argar

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Mark Tami raised concerns about parental responsibility for people convicted of serious offences in Westminster Hall. A government minister responded.

Key points

  • Concerns raised about current law allowing convicted murderers to retain parental responsibility.
  • Specific asks include implementing Jade's law to automatically suspend a murderer's parental rights during imprisonment.
  • Minister acknowledged existing legal mechanisms but offered to consider procedural adjustments and expanding legal aid access.

Key requests to Government

I ask the Government to consider implementing Jade's law, which would automatically suspend a murderer's parental responsibility during imprisonment and shift the burden of proof onto the killer to regain these rights. This change could save local authorities money by reducing unnecessary legal processes and alleviate the emotional trauma for victims' families.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Mark Tami Lab Alyn and Deeside

I am concerned about the current law that allows a convicted murderer to retain parental responsibility. This means Jade Ward's killer, Russell Marsh, retains his rights over her children despite his conviction for murder and history of domestic abuse. The family must seek court orders to restrict these rights, which is expensive, emotionally draining, and forces them to interact with their daughter's killer. Families should not have to prove why parental rights should be revoked; the onus should be on convicted killers to prove they deserve such responsibilities.

Other contributors (5)
  • Ellie Reeves Lab Lewisham West and East Dulwich

    Ellie Reeves highlighted the issue of parental responsibility for convicted murderers, emphasizing how it exacerbates trauma for children who lose their mothers to domestic violence. She cited statistics such as two women being killed by partners or former partners each week and noted that perpetrators often retain parental rights even after a life sentence. Reeves called for Jade's law to automatically suspend parental responsibility without requiring families to prove otherwise through lengthy legal battles.

  • Kerry McCarthy Lab Bristol East

    Ms McCarthy highlighted the lack of legal mechanisms to ensure child safety when a parent is convicted of serious offences. She noted that retaining parental responsibility can enable perpetrators to exert control over their victims and children, even while in prison. The charity Children Heard and Seen supports carers looking after children affected by interparental homicide or domestic abuse. Ms McCarthy stressed the need for more data on how many children have a parent in prison and called for changes in laws around parental responsibility. Children Heard and Seen advocates for prioritising children over prisoners, differing from previous strategies focused on reducing imprisonment for women with young children.

  • Rob Roberts Con Delyn

    He thanked the Chair for his powerful speech and questioned whether 're-victimisation' accurately describes what would happen to a family if certain measures were not put in place. He further inquired about the details of implementing such measures, asking if it would resemble a parole board process or involve additional legal procedures. Mr Roberts expressed concern over the rights of perpetrators in cases where a victim has been murdered, particularly when there are children involved. He highlighted that after Russell Marsh's conviction for murdering Jade Ward, her sons were still under his parental responsibility despite the severe nature of the crime. Mr Roberts cited 67 murders per year by partners or ex-partners in England and Wales as an estimate where parental responsibility could be a factor. He argued that suspending parental rights should be automatic at the date of conviction for murderers. Rob Roberts intervened, encouraging the Government Minister to reconsider their stance on committing to legislation that addresses the issue of parental rights for convicted murderers. Asks if there is a mechanism to consult judges about automatically suspending parental responsibility as part of the sentencing process for serious offences.

  • Sarah Atherton Lab Warrington North

    She expressed her own personal experience of raising a child on her own and agreed that the current system fails to prioritize the child's needs over other considerations. Ms Atherton highlighted the support for a petition on parental responsibility, noting that while current laws allow courts to lift parental responsibility, the process is lengthy and expensive. She expressed concern about the difficulties faced by family members trying to obtain special guardianship orders, which can cost thousands of pounds and are often obstructed by parents' consent requirements. Requests information regarding a pilot unit in Wales for women's residential centre focusing on families and parenting skills upon release.

  • Tonia Antoniazzi Lab Gower

    She mentioned a similar case from her constituency involving parental rights for someone convicted of sexual offences and highlighted the cross-party nature of this issue, praising previous Minister Lucy Frazer's support.

Government Response

Edward Argar

The Minister paid tribute to the right hon. Member for Alyn and Deeside and acknowledged the strength of feeling across constituencies regarding parental responsibility after serious offences. He highlighted existing legal mechanisms, including restrictions on parental responsibility, expedited procedures for special guardianship orders, and the court's ability to prevent vexatious applications. The Minister offered measures such as expanding legal aid access and considering procedural adjustments to reduce trauma while maintaining judicial discretion.

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