Sex offenders to be denied parental responsibility under proposed new measures in England and Wales

As a family law lawyer, I work with many parents and children whose lives have been affected by crime.  This is often alongside domestic abuse or serious safeguarding concerns. In these situations, families can find themselves involved in both the criminal and family courts, which can feel overwhelming and confusing at a time when safety and clarity matter most.

The Victims and Courts Bill, particularly Clause 3, has the potential to significantly improve this experience. 

Victims and Courts Bill, Clause 3

The Victims and Courts Bill is a piece of UK government legislation aimed at improving the experience of victims within the criminal justice system and streamlining court procedures. Clause 3 of the Bill specifically addresses the restriction of parental responsibility for serious sex offenders. 

The clause would introduce a statutory duty on the police, CPS and courts to keep victims informed, promote their rights and work together more closely to avoid failings. This shift would help ensure communication is not merely best practice but a responsibility that must be met.

It’s important to note that Clause 3 is not yet in force. The Bill is still progressing through Parliament. The date Clause 3 will take effect has not been set and will depend on future commencement regulations issued by the Government.

What this means for families

For children and non-offending parents, once Clause 3 has been implemented, the benefits would be practical and immediate. Clear and timely updates could help ensure that protective measures in the family court reflect what is happening in criminal proceedings, reduce the chance of unsafe contact arrangements, and avoid children having to repeat their experiences multiple times.

Where the offending parent is a convicted sex offender, the Bill also contains powers to restrict parental responsibility to protect children. In cases involving serious sexual offences where a child is born from rape and/or the offending parent receives a sentence of 4 years or more, the Courts will be required to limit what steps that parent can take in relation to children unless the court authorises it, recognising the seriousness and ongoing risk of such offences.  That parent will not be able to intervene in decisions such as medical care, schooling and overseas travel.

From a family law perspective, Clause 3, once active, would ensure open communication between agencies and ensure victims’ rights are recognised across both jurisdictions. It supports a more joined-up approach that keeps the focus where it belongs, which is children’s safety and wellbeing.

Ultimately, the Bill reflects what many of us working in this field have long understood.  Families affected by crime need support that is timely, compassionate, and centred around safeguarding. Clause 3 is not in place yet, but its aims point in the right direction of giving children a better chance to feel safe, be heard and begin to heal.