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Petitions to Parliament · 2019 to 2024 Parliament (archived)

Automatically suspend PR rights of parent guilty of murdering the other parent.

This petition gathered 130,179 signatures between 19 April 2022 and 2 November 2022, according to the Parliament petitions site. The Government responded on 16 June 2022. MPs debated it in Westminster Hall on 7 November 2022.

Signatures
130,179
final count
Government response
16 June 2022
Ministry of Justice
Debated
7 November 2022
Westminster Hall

The petition

The petition's creator is not named in the Petitions site's published record. Quoted in full from the UK Parliament petitions site.

Automatically suspend PR rights of parent guilty of murdering the other parent.

Provide a mechanism within existing legislation whereupon a person with parental responsibility (PR) is found guilty of murdering the other parent with PR, has PR automatically suspended throughout the duration of the term of imprisonment of the aforesaid person convicted.

It is acknowledged that there is scope to restrict parental responsibility from a parent through existing legislation, however, this can often be time consuming and for some expensive. The automatic removal of PR will save those, who now care for the surviving children, the added burden of attending numerous court cases to restrict the person holding PR, who would often use these cases as an opportunity to aggravate the process and in so doing cause further distress to the family.

The Government's response

The Government published its response on 16 June 2022; the petitions site lists the Ministry of Justice as responsible. Its summary:

The court can limit the exercise of parental responsibility, if in the best interests of the child. In the most serious cases this can effectively amount to removing all parental powers and authority.

The opening 331 words of the 481-word response:

The Government recognises that in situations where one parent is convicted of the murder of the other parent, the process for restricting parental responsibility from a parent who is imprisoned can be time consuming, and that making or responding to court applications, and attending multiple court hearings on related issues of parental responsibility can often be onerous for those involved.

Current provisions

Under the Children Act 1989, the exercise of parental responsibility held by one or more individuals can already be limited by the court, where to do so is deemed to be in the best interests of the child. The Act also enables the court to prevent individuals bringing multiple unwarranted applications before the court, which can be burdensome and distressing to family members.

Where a child does not have a parent to care for them on a day-to-day basis, members of the family can apply for court orders in private law proceedings, or a local authority might initiate public law care proceedings, with a view to providing for the child’s upbringing. In making such orders the welfare of the child is always the paramount consideration of the court.

In cases where one parent has been convicted of murdering the other, the responsible local authority will have a duty to protect that child and ensure they are safeguarded from harm. This may include initiating care proceedings to provide the child with a permanent or interim care arrangement. A care arrangement can include family members, such as grandparents, aunts or uncles, being granted parental responsibility for the child. Alternatively, a local authority will acquire parental responsibility of the child where the court deems this to be in the best interests of the child.

The court can already exercise powers to effectively remove all parental powers and authority in appropriate cases. The extent to which, and the time period during which such parental rights and powers are limited, are matters for the judge to decide based on the facts of the case.

Read the full response on the petitions site.

Where the signatures came from

Signatures came from 650 constituencies on the boundaries used until the 2024 general election. The largest number, 5,672, came from Alyn and Deeside.

129,625 of the signatures were from the UK and 554 from elsewhere, by the location signers gave.

Ten constituencies with the most signatures (2010 Westminster constituencies (used until the 2024 general election)).
ConstituencySignatures
Alyn and Deeside5,672
Delyn2,814
Ellesmere Port and Neston2,243
City of Chester1,721
Birkenhead1,191
Vale of Clwyd1,014
Knowsley1,001
Wallasey950
Burnley880
Wrexham879
Signatures by region and nation, as published by the Petitions site.
RegionSignatures
North West36,513
Wales21,212
Yorkshire and The Humber10,606
North East10,502
West Midlands8,096
East Midlands7,788
South East7,788
East of England7,250
Scotland6,967
South West6,453
London3,504
Northern Ireland2,132

Debate in Parliament

MPs debated the petition in Westminster Hall on 7 November 2022. Read the debate in Hansard. House of Commons Library debate pack.

Source and receipt

The petition's words are its creator's and the response is the Government's; this site quotes both and gives no view on either. Signature counts can still change while a petition is open. To report an error, send a correction request.