Justice Secretary pressed over delay to Jade’s Law
Campaigners have written to Justice Secretary David Lammy demanding that Section 18 of the Victims and Prisoners Act 2024, known as Jade’s Law, be brought into force without further delay.
The call comes as families continue to highlight the case of Jade Ward, a young mother from Shotton who was stabbed and then strangled by her former partner, Russell Marsh, in the family home while her children slept.
Following her murder, Marsh was sentenced to a minimum of 25 years in prison.
Despite being in jail, Marsh was able to retain parental rights to the four children he shared with Jade.
This allowed him to participate in decisions about the children’s welfare, such as requesting school reports, denying permission for medical treatment, and having a say in whether the children could travel abroad.
Jade’s parents, who became guardians for the children, have campaigned since her death to change the law so that convicted killers cannot continue to exert parental control.
Jade’s Law was created to remove the parental rights of any parent found guilty of murdering, or committing the voluntary manslaughter of, their children’s other parent.
In an open letter sent to the Ministry of Justice on 9 December, Edwin Duggan, who designed the legal framework that inspired Jade’s Law, urged officials to commence the provision immediately, saying families continue to face trauma that Parliament has already agreed should be prevented.
Jade’s Law was passed to ensure that when a parent is convicted of killing the other parent, their parental responsibility would be automatically suspended. Although the law received Royal Assent more than 18 months ago, the section has not yet been enacted, meaning carers still need to go through court proceedings to remove the parental rights of the perpetrator.
Mr Duggan wrote: “When Section 18 of the Victims and Prisoners Act 2024 was passed, it was heralded as a landmark moment, a promise that children bereaved by domestic homicide would no longer be forced to live under the shadow of their parents’ killer retaining parental responsibility. Yet more than 18 months after Royal Assent, this safeguard remains unenacted.”
He described the ongoing situation as “bureaucratic inertia” that has “prolonged victimisation”, adding: “The failure to issue a Commencement Order sends a cruel message: that even when Parliament recognises injustice and legislates to correct it, victims can still be left waiting, exposed, and unprotected because of administrative delay.”
Mr Duggan said carers were still forced to “endure emotionally devastating Family Court proceedings against the perpetrator, fighting for an outcome Parliament has already agreed should be automatic”.
He also reflected on the personal motivation behind the campaign, writing: “I conceived, created, and designed the legal framework of Jade’s Law. It was crafted to spare families the agony of litigation and to give children immediate protection. To see this safeguard stalled at the final administrative stage is heartbreaking.”
The letter concludes with an appeal to the Ministry of Justice: “Every day Jade’s Law remains unenacted, a child bereaved by murder and their selfless carer are denied the safety and peace of mind Parliament voted to provide. Honour the promise Parliament made. Honour the families who have already suffered too much.”
The letter is endorsed by a number of bereaved families, victim advocacy organisations, campaigners, and concerned citizens across the UK.
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