Ministers have confirmed plans to remove the statutory presumption of parental involvement from the Children Act 1989, legislating through the Courts and Tribunals Bill. The Bill was introduced in the House of Commons on 25 February 2026 and applies to England and Wales; Second Reading is scheduled for Tuesday 10 March. The Ministry of Justice set out the change in a 7 March press notice. (bills.parliament.uk)
At present, section 1(2A) of the Children Act 1989-inserted by section 11 of the Children and Families Act 2014-requires courts to presume, unless the contrary is shown, that a parent’s involvement will further a child’s welfare. The welfare principle in section 1(1) remains: a child’s welfare is the court’s paramount consideration. (legislation.gov.uk)
Under the government’s proposal, courts in private law children cases would no longer start from that presumption. The Ministry of Justice says judges will undertake an open‑minded inquiry into the child’s best interests and, where risk is identified, may order supervised contact, limit involvement to indirect communication, or direct no contact. (gov.uk)
The repeal follows the Ministry of Justice’s Review of the Presumption of Parental Involvement, which examined how sections 1(2A), 1(2B) and related provisions operate and assessed evidence of harm. Campaigners including Women’s Aid and Claire Throssell MBE supported change; ministers have dedicated the measure to her sons, Jack and Paul. (gov.uk)
The Bill, as introduced, expressly amends section 1 of the 1989 Act to remove the presumption. Parliamentary scrutiny begins with Second Reading on 10 March, while the Justice Committee has opened a call for evidence and plans an oral evidence session on 17 March. If enacted, commencement and any transitional arrangements will be set out in legislation and subsequent regulations. (bills.parliament.uk)
For family practitioners, the practical shift is evidential. Without a statutory default towards contact, proposals for child arrangements will need to show how they advance the child’s welfare and address any risk of harm. The Ministry of Justice indicates that outcomes may still include supervised or indirect contact where safe, or no contact where necessary. (gov.uk)
The Courts and Tribunals Bill also proposes significant criminal court reforms. It would remove a defendant’s right to elect Crown Court trial for triable either‑way offences, establish a new Bench Division of the Crown Court for judge‑alone trials where a custodial sentence of three years or less is likely, and introduce judge‑alone trials for suitably technical, lengthy fraud and financial cases. (gov.uk)
Magistrates’ sentencing powers could be extended up to 18 months, with scope to increase to 24 months by secondary legislation. Appeals from the magistrates’ courts would move to a permission stage, limited to issues for which leave is granted. The Ministry of Justice says these changes are intended to reduce timelines while preserving jury trials for the most serious offences. (gov.uk)
Operational measures flagged by ministers include an AI‑assisted courts assistant, a National Listing Framework to standardise scheduling, and targeted ‘Blitz courts’ to clear older cases-beginning in London from April 2026 with a focus on assaults against emergency workers. Funding commitments aim to maximise sitting days over the next year. (gov.uk)
The government’s stated direction is to prioritise children’s safety in private law proceedings and to accelerate criminal case throughput. Legislative detail will be tested at Second Reading on 10 March and in subsequent stages, with further scrutiny by the Justice Committee this month. Practitioners should monitor amendments shaping how the repeal is implemented in practice. (committees.parliament.uk)