The Ministry of Justice has today published a research report authored by the Race Equality Foundation in partnership with We Stand (formerly known as Mosac). The report explores how the presumption of parental involvement is experienced in court by Black, Asian and minoritised ethnic parents, and by parents in cases involving allegations of child abuse.
This research forms part of the Ministry of Justice’s wider review of the presumption of parental involvement in private family law cases – a guiding legal principle, set out in the Children Act 1989. The principle requires courts to presume that, unless the contrary is shown, a parent’s involvement in a child’s life will further the child’s welfare.
Why this research matters
Black, Asian and minoritised ethnic parents are underrepresented in family justice research. This research sought to address this gap, ensuring their voices, often unheard, are placed at the centre of this critical debate about family justice.
About the research
Our qualitative research was carried out with a sample of 29 parents. Though a small sample size, the in depth interviews reveal common experiences encountered across both strands of the research, and provide valuable insights which include:
- Limited awareness: Most interviewed parents could not recall the presumption being explicitly mentioned, though many believed it influenced decisions in their case.
- Safety concerns: In cases involving allegations of domestic and child sexual abuse, parents felt that the presumption was prioritised over safety concerns raised about their child or themselves.
- Cultural understanding: Some parents perceived a lack of cultural understanding within the court system, which led, in some cases, damaging parental practices being overlooked as “cultural norms”.
- Stereotyping: Parents reported feeling stereotyped by professionals, largely due to their ethnicity and/or gender, which they felt affected their experience of the court process and the application of presumption.
Recommendations
Based on analysis of the interview data, the report identifies several actions to improve the parents’ experiences. These include:
- Clearer communication: Provide accessible updates on case progress, and reassurance that the court system is inclusive and fair.
- Trauma-informed training: Equip court system professionals with knowledge on child sexual abuse, its presentation and disclosure; coercive control and its impact on parent and child victims; and anti-racist practice to prevent stereotyping whilst effectively challenging harmful parenting practices.
- Parenting support: Where safe, encourage parents to attend parenting courses on parental conflict and co-parenting, before attending court, to help prioritise the child’s welfare in any subsequent hearings.
Acknowledgements
We would like to extend our sincere thanks to the parents who shared deeply personal experiences as part of this research, and the organisations who supported recruitment and engagement. Your voices provide invaluable insight and play a critical role in shaping a private family justice system which serves all families, regardless of ethnicity or faith, and meets the welfare needs of every child.
What you can do
Read the full research report and supporting methodology to hear directly from the parents in their own words.
- Research Report: Private family court cases – experiences of Black, Asian, and minority ethnic parents and parents in cases of alleged child sexual abuse
- Methodology Report: Private family court cases – experiences of Black, Asian, and minority ethnic parents and parents in cases of alleged child sexual abuse
You can also view the Ministry of Justice’s review of presumption of parental involvement, the resulting report, and supporting documents, here:
