Kelly Higgin’s was a child when her mother, Bernadette McNeily, was convicted and imprisoned for life for her part in the horrific torture and murder of 16year old babysitter, Suzanne Capper, in Manchester in 1992. A tragedy which was overshadowed in the media, by the James Bulger tragedy.
Kelly and her brother James, suffered abuse, intimidation and humiliation, from their mother, prior to her conviction and throughout their childhood, which included them being tied to chairs and hit with a belt and often resulting in hospital visits after a beating. Kelly and her brother were subsequently removed from the home following their mother’s imprisonment and placed in foster care. Kelly’s mother was not convicted of the child abuse that she subjected Kelly and James to.
Kelly now speaks openly about her childhood experience, however, one of the particularly powerful aspects of her account, is that her being removed from an abusive parent, did not mean that the legal relationship between child and an abusive parent disappeared. Kelly recalls that her mother had to provide her consent and agreement to things such as the children going on holiday and having their ears pierced.
Kelly also said that allowing her mother contact with them, which included Kelly and her brother being forced to see her mother in prison, allowed her mother to continue to exert a form of control over them, which Kelly feels was a continuation of the manipulation and abuse. Kelly recalls being petrified, finding these visits triggering and re-traumatising, causing a decline in her mental health.
It is at this point her personal story becomes a question, ‘What should happen to a parent’s legal authority over a child, when that parent has been convicted of serious abuse and or murder?’
Kelly is seeking a change to the legal framework itself. There is already a substantial public law system designed to protect children from abusive parents, but Kelly’s experience shows there is a gap between removing a child and removing the abusive parents’ continuing Parental Responsibility.
Kelly’s parliamentary petition calls for Parental Responsibility to be removed from parents convicted of abuse/ murder and for Foster Carers to be given full Parental Responsibility instead. As on 24th August 2026, the petition has passed 20,000 signatures.
This comes at a time when changes have been to the Law concerning Parental Responsibility, with changes to the Victims and Court Act 2026, which introduces restrictions on the exercise of Parental Responsibility following certain serious sexual offences. This is important as it demonstrates that Parliament have accepted the underlying principle that a criminal conviction can justify automatic statutory restrictions on a parent’s Parental Responsibility.
We at Johnson Astills know involvement with social services can be frightening. If you and your family are involved with social services and you would like some support with this, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
