The Scottish Government has agreed to review rules governing parental access for convicted sex offenders following pressure from survivors and campaigners.
Victims minister Kirsten Oswald confirmed that the Scottish Government will ”undertake a review of the current legal position in Scotland specifically to understand the options that are available.”
The review of the law will look at an automatic restriction or suspension of Parental Rights and Responsibilities (PRRs) where a parent is convicted of certain serious offences.
Under existing Scots law, civil and criminal courts operate independently.
A criminal conviction does not automatically remove an individual’s PRRs, often forcing protective parents to pursue separate civil court actions to restrict contact.
A letter written by Oswald read: “I recognise that in many situations, it may be in a child’s best interests for a convicted parent not to hold parental rights and responsibilities (PRRs), and for these to be removed quickly. I accept that this is an issue that warrants further attention.
“A key argument I can see for changing the law, to automatically restrict or suspend a parent’s PRRs where they have committed a serious offence, is to ensure that the system can swiftly intervene to the keep the child safe whilst longer term decisions relating to a person’s PRRs are made, and to move the burden of making such
an application to the courts away from the victim or their family.”
The minister cautioned that it will require passing new legislation through parliament, informed by public consultation. New laws likely won’t be passed until the latter half of the current term.
Legislation was introduced in England and Wales ending the presumption of parental contact for people convicted of child sex offences earlier this year.
The policy review follows a campaign launched by a victim, supported by Rape Crisis Scotland and Scottish Women’s Aid.
The constituent contacted her MP Graeme Downie after her ex-partner, who was convicted of possessing child sexual images, started legal proceedings through the family court system to pursue contact with their preschool-aged child.
The woman said: “It was a huge relief to finally receive this response from the government, acknowledging the problem. For too long, this issue has been disregarded.
“To know that I have finally been heard is a momentous feeling, with this admission that there is something seriously flawed in our justice system.
“This should never have happened. I don’t believe it should ever be okay that a convicted child sex offender should have an automatic right to contact with their child.
“The law as it stands means my ex has been able to continue to control me through the courts. After everything he has done and put us through, he is still finding a way to hurt us. It’s not right.
“Custody battles are mentally, financially, and emotionally draining in ordinary circumstances. But my battle isn’t a normal custody battle. Like others, I am trying to protect my child. All I am asking is that the Government upholds its commitment to children’s rights and decides to back, help protect, and put children first.”
Charities argue that the current divide between criminal convictions and family court proceedings enables perpetrators to use civil litigation as a means of ongoing harassment.
Rape Crisis Scotland’s external affairs manager Nicola Love said: ”The criminal and civil justice processes operate as separate entities, often to the detriment of women and survivors of domestic and sexual abuse, and that is what needs to change.
”This is a common-sense decision which would prevent perpetrators of sexual offences from using the family court system to inflict further abuse and protect children and young people from harm.”
Mr Downie said: ”This is a significant moment and a testament to the courage of survivors who refused to stay silent and I want to thank the minister for listening to their call for action.
“I keep thinking about the constituent who first came to me with her story. She was simply trying to protect her child, but in speaking out she exposed a problem that far too many families across Scotland have had to navigate.
“What began with a small number of incredibly brave women has grown into a national campaign for change. Since the very beginning, I have had the privilege of working alongside survivors and their families, hearing first-hand the reality of what they have endured, helping them ensure their voices were heard by the Scottish Government and across the country.
“These women turned some of the most painful experiences of their lives into a campaign to protect other children and families. Today’s announcement is a direct result of their determination.
“I want to work with the Scottish Government, my constituents and other victims as the review takes place to ensure it is speedy and implements the changes needed quickly.”
Victims Minister Kirsten Oswald said: “I am grateful to the survivors and families who have come forward to share their experiences. These cases are deeply distressing and, in many circumstances, it will be in a child’s best interests for a convicted parent not to hold parental responsibilities and rights which is why we have confirmed that we will undertake a review of the law.
“Scotland’s civil courts already have powers to remove some or all parental responsibilities and rights, and the welfare of the child as the paramount consideration.”
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