PRESS RELEASE- Government moves to protect children from abusive parents through new Courts and Tribunals Bill
Children will be better protected from abusive parents as the Government moves to abolish the presumption of parental involvement in the new Courts and Tribunal Bill – a landmark piece of legislation to fix the justice system after years of neglect.
What This Means for Safeguarding
Children who experience domestic abuse often remain at risk even after parents separate. For some families, the family court system can become another space where abuse, coercion or control continues through legal processes.
The UK Government has recently announced new measures through the Courts and Tribunals Bill aimed at strengthening protections for children involved in family court proceedings. The changes are designed to ensure that the welfare and safety of children are placed firmly at the centre of decision-making and to prevent abusive parents from using court processes in ways that may perpetuate harm.
For safeguarding professionals, schools, social workers and organisations supporting families, these proposals represent a significant development in how the justice system approaches child protection.
What the Government Has Announced
According to the UK Government announcement, the reforms will remove the presumption of parental involvement from the Children Act 1989 through the Courts and Tribunals Bill.
The presumption, introduced in 2014, currently requires courts to begin with the assumption that involvement from both parents will benefit a child’s welfare unless there is evidence to the contrary.
However, government evidence suggests that this starting point can sometimes lead to unsafe contact arrangements in cases involving domestic abuse.
Key elements of the proposed reform include:
Removing the presumption that a child should have involvement from both parents- Courts will instead assess each case on its individual merits.
Ensuring that a child’s welfare and safety are the primary considerations- when courts decide arrangements for children.
Allowing courts to restrict or prevent parental involvement- where there are safeguarding concerns, including through supervised contact or other limitations.
The government has emphasised that “being a parent is a privilege not a right”, and that a child’s right to safety must be the priority in every decision about their welfare.
These proposals follow growing concerns from campaigners, researchers and survivors that the existing legal presumption contributed to a culture within family courts that prioritised parental contact even in cases involving abuse.
Why This Matters for Child Protection
For many safeguarding professionals, the announcement reflects a shift towards a more child-centred approach within the family justice system.
Domestic abuse can have profound and lasting impacts on children, whether they experience it directly or indirectly. Research and professional experience consistently show that post-separation abuse can continue through child contact arrangements or legal disputes.
The government’s decision to remove the presumption of parental involvement acknowledges that automatic assumptions about contact may not always serve the best interests of the child.
Instead, courts will be encouraged to focus on:
Risk and harm
The individual circumstances of the child
The overall welfare checklist within the Children Act 1989
This reinforces a core safeguarding principle: every decision affecting a child should prioritise their safety and wellbeing.
Practical Implications for Safeguarding Professionals
While the legislation will still need to progress through Parliament, the direction of travel is clear and has several implications for safeguarding practice.
Greater emphasis on safeguarding evidence- Professionals involved in court proceedings including social workers, safeguarding leads and specialist practitioners, may see increased focus on evidence relating to domestic abuse, coercive control and risk to children.
Clear recording, professional analysis and effective information sharing will remain essential in supporting courts to make safe decisions.
Recognition of the impact of domestic abuse on children- The reforms align with wider developments in safeguarding policy that recognise children as victims of domestic abuse in their own right, even where they are not the direct target of violence.
More flexible and child-centred court decisions- Courts will continue to consider parental involvement where it is safe and beneficial. However, the starting assumption will change, enabling judges to focus on the child’s circumstances rather than working from a default position that both parents should be involved.
A Significant Step Towards Safer Family Justice- For those working in safeguarding, the proposed reforms represent an important cultural shift in how the justice system views child protection within family proceedings. Removing the presumption of parental involvement sends a clear signal that children’s safety must come before assumptions about parental rights or contact.
While legislation alone cannot resolve every safeguarding challenge, strengthening the legal framework is an important step towards creating a family justice system that truly protects children.
RLB Safeguarding Ltd: Supporting Safer Systems for Children
At RLB, we believe that safeguarding is most effective when legislation, policy and professional practice work together to prioritise children’s welfare.
Changes such as those proposed in the Courts and Tribunals Bill highlight the ongoing need for well-informed, confident safeguarding professionals who can recognise risk, advocate for children and contribute to safe decision-making.
Through specialist safeguarding training, consultancy and guidance, RLB supports organisations to strengthen their safeguarding culture and ensure that the needs and voices of children remain central to their work.
Because safeguarding is not only about responding to harm, it is about building systems that protect children before harm occurs.