Victims and Prisoners Bill

Debate between Baroness Helic and Lord Meston

Report stage
Tuesday 23rd April 2024 Lords Chamber

[Baroness Helic (Con)]

My Lords, I support these amendments. They are underpinned by a simple principle: the best interests of the child. They seek to prevent the subversion of the family court, so that it cannot be used by abusers to extend their influence and control over victims; and to ensure that, as far as possible, children are protected from abuse and trauma.

Whether directly or indirectly, children are victims of domestic abuse in a household. Tragically, they are sometimes victims of abuse at the hands of their own parents. In such circumstances, the normal assumption that their best interests are served through contact with their parent must be reconsidered. This is why we seek to extend Jade’s law so that not just offenders who are convicted of murdering a partner but those convicted of sexually abusing a child in the family will automatically have their parental responsibility suspended on sentencing, rather than placing the burden on the family to go through family court proceedings after the criminal conviction.

It is why we seek to prohibit unsupervised contact for a parent who has perpetrated domestic abuse, sexual violence or child abuse. Too often, “best interests” has been determined as almost synonymous with increased parental contact. In most cases, that may be true, but we need to make sure that the law works when it is not. Sadly, contact does not correlate to care. Unsupervised contact with someone accused of abuse is a serious risk to the well-being and safety of a child.

Other amendments in this group seek to limit the ability of domestic abusers to carry on their abuse by subverting our justice system and using court procedures to harass and control their victims. The proceedings of our courts must be fair, and we must not let them be used as a tool of abuse. To that end, we must also make sure that any expert advice is properly regulated. This was discussed in some detail during the passage of the Domestic Abuse Act. The sorry truth is that we continue to see allegations of so-called parental alienation used routinely by abusers and the so-called experts they produce in the courts to try and discredit children’s testimony and avoid the charges they face. Victims are even encouraged not to disclose domestic abuse as it will only see them cast as unco-operative. This is a deeply alarming situation which poses a real risk for victims and children.

The UN Human Rights Council report Custody, Violence Against Women and Violence Against Children recommends that states legislate to prohibit the use of parental alienation or related pseudo-concepts in family law cases, and the use of so-called experts in parental alienation and related pseudo-concepts. In an early 2023 case involving a regulated psychologist, the President of the Family Division held that it was at Parliament’s discretion whether a tighter regime should be imposed. We should exercise that discretion.

My sense from Committee was that the principles behind the various amendments in this group are widely supported across the House and the differences are largely down to practicalities. It is precisely because of the practicalities that these amendments are needed. Without them the psychological, practical and financial burdens placed on families trying to recover from abuse is very heavy. I shall give just one example. A mother in Cardiff had to spend £30,000 on court costs to remove parental rights from her ex-husband, who was a convicted child sex abuser, to protect her daughter. This is sadly not untypical. In another case I have been told about, a father was found to have used abusive behaviour towards his children and rape their mother. The mother’s court costs were £50,000. Eventually, the father was ordered to pay, but the very prospect of such high sums risks putting children’s safety at an unjust price.

Victims of domestic abuse must be able to have faith that any abuse endured will not be manipulated against them in court. These amendments are firmly in line with the Government’s ambitions for the Bill. I hope that my noble friend the Minister will accept them.

[Lord Meston (CB)]

My Lords, I will speak in support of Amendments 80 and 84. These amendments would extend the provision of Jade’s law in the Bill, which relates to murder and manslaughter cases, and would deprive a convicted offender of parental responsibility. The amendments would extend the provisions to sexual offences against children in the family. A powerful case has been made for this extension. It was recently approved, as has been said, in another Bill before the Commons. The examples provided in the briefing material fully justify this amendment.

If I may be pedantic for a moment, I will point out that in the explanatory statement attached to Amendment 80 there is an incorrect reference to removal of “the presumption of custody”. There is no such presumption, and the concept of custody has not existed since the Children Act 1989, although it persists in soap operas, to the irritation of family lawyers.

This amendment would prohibit the exercise of parental responsibility by convicted offenders in cases of child sexual abuse. Allowing sexual offenders to continue to exercise parental responsibility would be wholly inappropriate. Amendments 80 and 84 are well suited to the structure of the Bill, which provides for an order to be made by the Crown Court and then automatically reviewed by the family court when there is perhaps a fuller picture of the family circumstances and a fuller picture of wider implications.

In many ways, cases of sexual offending are more difficult because, sadly, in cases of murder and manslaughter, both parents are not alive. When both parents are still alive, and when there is the possibility that the offender is not in custody—or not for very long —serious thought needs to be given, after the automatic order in the Crown Court, by the family court. That is why I suggest that these amendments are well suited to the structure of the Bill.