Jade’s Law | Protecting Children and Suspending Parental Responsibility

In 2021 Jade Ward, aged just 27, was murdered by her former partner with him stabbing and strangling her, while their four young sons were sleeping. ITV1 aired Episode 1, Series 3 of Social Media Murders in August of 2024 and the true crime documentary explored the tragic murder of Jade and detailed how police turned to social media, phone data and CCTV to solve this case.

Due to the tireless campaigning of Jade Ward’s family and friends, an announcement was made in October 2023 that the Victims and Prisoner’s Bill would be amended to introduce Jade’s Law.

Jade’s Law was given Royal Assent in May 2024.

What is Jade’s Law?

Jade’s former partner is serving a minimum of 25 years in prison for her murder, with the children being cared for by Jade’s parents. Jade’s former partner, however, still retains parental responsibility for their four children and must be consulted on all decisions concerning the children.

The creation of Jade’s Law now means that anyone convicted of the murder or voluntary manslaughter of someone they have children with and share parental responsibility for those children, will have their parental rights suspended on sentencing. Bereaved relatives will not therefore have to apply to the Court to remove a parent’s parental responsibility.

However, the Court still have an opportunity to consider if the suspension of parental responsibility is in the best interests of the child and there are exemptions in cases where domestic abuse victims kill their abusers.

Removing parental responsibility will mean that the parent no longer has the right to be involved in any decisions regarding their children. The UK Government said that the law will protect children by preventing killers from unduly influencing their lives.

What is Parental Responsibility?

Parental responsibility is all the rights, duties, powers, responsibilities, and authority by which a parent has in relation to their child. (S3 Children Act 1989) It involves providing a home for the child, protecting, and maintaining the child.

If you have parental responsibility, the following decisions should be made by all persons with parental responsibility for the child:

• Where the child should go to school
• In what religion the child should be brought up
• Whether the child should receive a particular form of medical treatment
• What surname should be given to the child
• Whether a child should be immunised
• Whether a child should be circumcised

Who has Parental Responsibility?

• Mothers automatically have parental responsibility
• Fathers have automatic parental responsibility where they are:
  • Married to the mother at the date of the child’s birth
  • They marry the mother subsequent to the child’s birth
  • They are registered on the child’s birth certificate after 1st December 2003

There are certain circumstances whereby other people - such as a local authority, grandparents, stepparents, or special guardians - can hold parental responsibility for a child that is not theirs biologically, by applying to the Family Court for parental responsibility.

How can Hegarty help?

Our team of friendly experts can help you with parental responsibility applications as well as assisting you in relation to other children matters.

Read more about the family law services we offer.