For years, the UK family court system has operated under a key presumption: that involvement from both parents is beneficial for the child, regardless of circumstance. But recent legal developments signal a major shift, one that SEND families in particular should pay close attention to.
This is more than just a legal technicality. It could reshape how courts handle complex family dynamics — especially when the well-being, safety, and mental health of vulnerable children are at stake.
What’s Changing?
Under Section 1(2A) of the Children Act 1989, the family courts have long worked with the assumption that a child’s welfare is best served by having both parents involved in their life. While this presumption was always rebuttable (meaning it could be challenged), in practice, it often led to decisions that didn’t fully account for emotional harm, coercive control, or trauma — especially in families where children had special educational needs and disabilities (SEND).
Now, with new rulings and a growing body of evidence showing how this presumption has harmed some children, particularly those with SEND or those living with one protective parent, the automatic presumption of parental involvement is under review — and may be removed altogether.
Why This Matters for SEND Families
SEND children are more vulnerable to:
- Emotional harm from exposure to unsafe or inconsistent parenting
- Trauma from being placed in shared arrangements that ignore sensory needs, attachment trauma, or communication difficulties
- Delays in healing when their voice isn’t properly heard in court decisions
Families have long reported that their children were forced into contact with a parent they were terrified of — not because the child lacked support, but because the law assumed both parents should always be involved.
This one-size-fits-all approach didn’t account for the complex needs of neurodivergent children, those with PDA, ASD, ADHD, trauma backgrounds, or anxiety disorders.
What This Change Could Mean
- Greater focus on the individual child – Courts may be more likely to look at the child’s mental health, SEND profile, and history of support needs before insisting on parental contact.
- More protection for protective parents – In many SEND families, one parent shoulders the advocacy and emotional labour. These parents often felt discredited or blamed when raising concerns. That could now change.
- Recognition of emotional abuse and coercion – Courts may no longer default to assuming that all parental involvement is safe and beneficial, especially if there are concerns about past behaviour, neglect, or psychological harm.
What You Can Do as a Parent
- Document everything – Keep records of professional support (GPs, CAMHS, school, EHCPs) that highlight your child’s needs.
- Know your rights – The Children Act 1989 and updated family court guidance can support your position if you believe contact is not in your child’s best interests.
- Seek advocacy – Services like CAFCASS, IPSEA, and AskEllie can help you frame your concerns clearly and legally.
- Request a Section 7 or 37 report – If you’re involved in family court proceedings, these assessments can bring in a professional view of the child’s needs.
Final Thought
SEND families have long lived in fear of being misunderstood — both by schools and by the family courts. This legal shift could mark the beginning of a more child-centred approach, one that finally puts emotional safety, mental health, and individual need above legal tradition.
It’s a step forward. But families must stay informed and speak up.
💜 For more guidance, visit www.askellie.co.uk and explore our resources for SEND parents navigating complex systems.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For specific situations, consult a qualified legal adviser.
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