Law Change Secures Mother's Promise to Sons Killed by Father

Claire Throssell has seen a law championed in memory of her sons, Jack and Paul, pass its final parliamentary stages. The Courts and Tribunals Bill, which alters the presumption of parental involvement in family court cases, will now become law, a decade after her sons were killed by their father.

Throssell's sons, aged 12 and nine, died in October 2014 when their estranged father, Darren Sykes, set fire to his home with them inside during an unsupervised contact visit. Sykes had locked the boys in an attic while he started multiple fires. Jack, who believed he had saved his younger brother, managed to tell a firefighter that his father had deliberately caused the fire before he died from his injuries a few days later. Paul died at the scene, and Jack passed away in hospital.

Throssell had spent 12 years campaigning to change the law, which operates on a presumption that children benefit from contact with both parents after separation. She felt this presumption was dangerous when one parent posed a risk of harm. "There are many days when they are dark. I can sit and think 'how do I get through the next minute?' Never mind the next hour or the next day," Throssell said. "But then I remind myself that there are dozens of children that don't have that day tomorrow and I've kind of made it my mission to try and educate other people."

During her relationship with Sykes, Throssell experienced escalating abuse, from excessive attention to physical violence. By 2014, she had left him, and custody of the boys was shared. Social workers had recorded the boys expressing fear of their father, with Paul describing him as "pure nasty." Throssell also submitted statements to the court, detailing Sykes's alarming comments, including that he "had nothing to live for" and could "understand fathers killing their children." Despite these concerns, unsupervised visits were permitted.

On the day of the fire, Throssell recalled her sons' final playful exchange, with Jack echoing his brother's catchphrase, "to infinity and beyond." Their father had texted that morning about new trains the boys could play with in the attic, referring to them as "drivers." Later, he lit 14 fires, trapping the children. Jack's final words to a rescuer were critical evidence, stating, "My dad did this and he did it on purpose."

Throssell found strength in Jack's courage and his attempt to save his brother. "He thought he'd saved his brother's life," she said. "Paul was alive until Claire arrived at Sheffield Children's Hospital. She says he smiled at her then the light went out of his eyes. 'He just fell asleep in my arms.'"

Throssell believes that removing the presumption of automatic contact for known abusers will prioritize children's safety. "This is not aimed at good parents. This will not affect good parents. This will not affect their access to their children. It will not affect their rights," she explained. "What it will do is look at an abuser that's known to the courts and will say 'you don't have automatic access to your children'. It will not presume you're safe."

Conservative MPs had proposed an amendment to retain the presumption of contact, with Rebecca Smith MP questioning the necessity of the change, arguing that courts already have powers to restrict unsafe contact. Throssell countered that removing the presumption places children at the forefront of decision-making, enhancing their safety. The government had been advised in 2020 that the presumption needed an urgent review.

Watching the bill pass in the House of Commons, Throssell described the feeling as "absolutely incredible." She held a photograph of her sons, recalling her promise to them. "All you want from your kids is to be proud of you and say 'well done Mum.'" Throssell acknowledged the immense personal toll of her campaign, noting, "I've come out of debates and wanted to throw myself under a bus." Despite the legislative victory, she stated, "my life won't change. For this to be their legacy will be incredible."