Domestic Abuse Bill

Baroness Meyer Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

Moved by

[Baroness Meyer]

2: Clause 1, page 2, line 12, at end insert “, such as a parent’s behaviour deliberately designed to damage the relationship between a child of the parent and the other parent.”

[Baroness Meyer (Con)]

My Lords, I rise to speak to the amendment tabled in my name and kindly supported by the noble and learned Lord, Lord Mackay of Clashfern, the noble Baroness, Lady Altmann, and the noble Earl, Lord Lytton, which I very much hope the Government will consider positively.

The reason I was sent to this House was my 19 years of work on family and children’s issues. Every day for nearly two decades I stepped through the wreckage of relationships destroyed by one parent poisoning the mind of a child against the other parent. Sometimes the abuser was a man, sometimes a woman. The gender was irrelevant. The horrific irony is that all parties—the abuser, the abused and the child—end up victims in their different ways, with lives wrecked and psychological damage beyond measure. For some the only way out is suicide. The Government say that there is no need to include an amendment as this form of abuse is already covered by implication in the Bill. But why should it be covered by implication and not explicitly?

In Clause 1(4) there is already detailed reference to “economic abuse”, by which one partner or spouse seeks to use money to coerce and control the other. How can economic abuse merit mention when the weaponising of children for the purpose of coercion and control by one parent over the other goes unmentioned? No one has put it better than the distinguished family court judge, His Honour Judge Stephen Wildblood QC, who said

“The problem with Parental Alienation is that it’s not about the child at all. It is about the adults … It’s using children as an instrument of that parent’s skewed emotions.”


In my book, there are few forms of domestic abuse more callous and damaging than that. Are we to draw the conclusion that money matters more than the lives and souls of the victims of domestic abuse—men, women and children? That surely cannot be the case.

This has nothing to do with creating a hierarchy of behaviours, as the Government fear. It is to ensure that through an Act of Parliament the issue of children as the victims of domestic abuse is not buried under a barrage of gender politics and misinformation. This debate needs to be broadened, not narrowed. There is a crying need for the justice system to be better equipped to distinguish between false and authentic accusations of alienation: between children who for good reason do not want to see one parent, and children who have been indoctrinated to say so. As the noble and learned Baroness, Lady Butler-Sloss, put it in our previous debate:

“A little more time might be spent teaching magistrates, district judges and circuit judges a little more about it”.—[Official Report, 25/1/21; col. 1403]


“It”, of course, is parental alienation.

There is the rub: the dreaded words “parental alienation”. I regret to say that rational debate around this term has been made well-nigh impossible by the controversy and emotion that it attracts. That is why my amendment, instead of using the term, in effect describes what my supporters and I mean by it—that is,

“a parent’s behaviour deliberately designed to damage the relationship between a child of the parent and the other parent.”

Seen in that light, I cannot believe that any reasonable person can object to our amendment.

Of course I have every sympathy for women who fear that men will use parental alienation as a defence against well-founded claims of abuse. The last thing that I want to do is to make life easier for an abusive and dishonest man—to the contrary: I believe that our amendment, far from disarming women victims, will strengthen their defences. But it is plain wrong to assert that so-called parental alienation is a stratagem used exclusively by men against women. For example, Judge Wildblood was reported as saying in 2019 in an alienation case that the children would suffer “significant and long-term” emotional damage, adding that

“the cause of that harm lies squarely with this mother”.

Alienation exists; to deny it would be to deny that the earth is round. More to the point, noble Lords have all seen the petition signed within a matter of weeks by over 1,400 fathers, mothers and grandparents, begging the Government to hear their voices and to include in the Bill a reference to this vile form of abuse. Every day I receive emails asking for that. If that is not persuasive enough, I have an abundance of proof in hundreds of peer-reviewed research papers and scholarly articles, to be found in the written evidence that I have circulated. This body of work comprehensively refutes the so-called expert advice submitted to the Ministry of Justice—advice that says on the one hand that there is no such thing as parental alienation and on the other that it benefits men only.

This is a Bill that, if it becomes law, will deeply determine the well-being and mental health of families across the land for years to come. It is therefore vital that we have complete clarity about its intent and reach. Can my noble friend the Minister agree that the family courts would benefit enormously from having parental alienation defined in law? Can she further agree that the use of children as a weapon in adult conflicts is a form of child abuse and that this matter should fly above all politics and issues of gender, since it equally affects men and women, their children and their wider families? Lastly, can she confirm that parental alienation will remain in the final version of the guidance to the Bill and that Cafcass—that is to say, the experts and not the ideologues—will play a central role in advising the committee that will examine the guidance? I beg to move.

--- Later in debate ---

While I acknowledge the desire of the noble Baroness and others to include reference to parental alienation in guidance, I hope that, in the light of my explanation—and given that the Bill provides for behaviours that manifest themselves in parental alienation—my noble friend will feel happy to withdraw her amendment.

[Baroness Meyer (Con)]

My Lords, first, I would like to thank those who put their names to my amendment: my noble and learned friend Lord Mackay, my noble friend Lady Altmann and the noble Earl, Lord Lytton. I also thank everybody who spoke today, particularly those who spoke in favour of the amendment. It has been a very interesting debate and I thank everybody for participating.

In the light of the conclusions reached, I now realise that my job has not been done whatsoever. There is still a huge misunderstanding about the point of my amendment and what parental alienation—call it what you like—is about. We are talking not about false allegations but real allegations. We are talking about parents who have been abused by the other parent using the child; this is a terrible form of abuse.

Listen to the London Victims’ Commissioner, who has actually been attacking all the mothers and fathers talking about parental alienation; look at the Twitter war that has been going on; it has been very ugly. I am really hurt that people say that you have to listen to the victims, but they are choosing which types of victims. Hordes of parents, some of whom are probably listening now, have been emailing me and signing letters saying, “Please stand for us”. Their voices are not heard.

I am really disappointed that the Government have not listened and understood what I was trying to do. I understand that some mothers are worried that this could be used against them, but, as everybody has said, the courts could make a decision. The courts obviously need a bit more training but because this issue is so complicated, we also need to involve psychiatrists.

There is a deep misunderstanding about what constitutes an alienated—or whatever term you use—child. Usually, those children have been separated from and have no access whatsoever to one of their parents, and their parent is constantly telling them that the other parent does not love them. Some have even been told that their other parent is dead. In my submission I had letters about people who committed suicide and letters from parents of children who committed suicide.

I hope that, as a minimum, the Minister can guarantee that this issue is going to be addressed in the guidance. More debate and conversations need to take place, because it needs to be understood better. In the light of the evidence before me, I will withdraw my amendment, but I very much hope that something will be done. I will probably come back to this issue because I have fought for it for 19 years and I have still not communicated what it is really about. I think I still have a war ahead of me. However, I beg leave to withdraw the amendment.

Amendment 2 withdrawn.

--- Later in debate ---

[Baroness Watkins of Tavistock (CB) [V]]

My Lords, I thank the noble Baroness, Lady Stroud, for leading on these amendments, with the aim of highlighting the impact of domestic abuse on babies, including exposure in utero, and to meet the needs of babies and parents in the first 1,001 days before babies reach the age of two. We know that domestic abuse often starts or escalates during or soon after pregnancy and that it is correlated with other risk factors for babies and their families. Domestic abuse during pregnancy is associated with poor obstetric outcomes and is a strong risk factor for ante-natal and post-natal depression. We now know that a mother’s emotional state can have a direct influence on foetal development. I remember being shocked the first time that I saw the brain scans of such children, only visible to us as researchers in the last 20 years. The ongoing stress of domestic abuse can disrupt babies’ neurodevelopment, which in turn can adversely affect behaviours and emotional outcomes.

My noble friend Lady Finlay has outlined the issues relating to alcohol and domestic abuse so ably that I will not repeat her arguments, but I declare my support for her analysis. Early intervention is crucial for babies born into such circumstances, to support and work with families to break traumatic development cycles. The Institute of Health Visiting is strongly supportive of these amendments, to safeguard against, prevent and address the traumatic impact of domestic abuse on babies.

My noble friend Lord Bird often reminds us that investment of the public pound early in any abused child’s development is a far better investment than significant input in later life. These amendments are designed to address what has been described as the “baby blind spot”. I urge the Minister to seriously consider these amendments and support their incorporation into the Bill. They are designed to safeguard the early development of all babies and to provide therapeutic intervention to empower parents who have experienced abuse themselves to break the cycles of domestic abuse, surely something that we would all support.

[Baroness Meyer (Con)]

My Lords, I support Amendments 7, 8 and 9, tabled by my noble friend Lady Stroud. Why? Because unborn children and small babies are as much at risk of domestic abuse as any other child, yet they have been largely excluded from this Bill. There seems to be no specific reference to them.

A very recent research paper published by the First 1001 Days Movement highlighted the fact that there are “baby blind-spots” in policy, planning and funding, where protections for children often do not work for babies. As my noble friend Lady Stroud mentioned, 30% of domestic abuse cases begin during pregnancy. That is a big number, but it is hardly surprising.

The prospect of having a child radically changes the dynamic in a relationship. The partner is suddenly faced with new responsibilities, both financial and emotional. Maybe the pregnancy was never discussed and comes as a complete surprise. The partner may feel duped or resentful, trapped in a relationship he never intended.

As we have heard throughout these debates, domestic abuse can take many forms. But just imagine how it feels when, at your weakest and most vulnerable point—which is how most women feel when pregnant—you are confronted by a partner intent on abusing you. When I was pregnant with my sons, I remember worrying that somebody would bump into me on the tube or I would fall and somehow injure that little being growing inside of me. I used to walk with my arms in front of me, shielding my stomach and my unborn child; it is a mother’s natural instinct. Imagine how frightened and helpless a mother must feel if her partner is a constant threat, not only to her but to her baby.

I remember my mother telling me when I was pregnant that I should only read happy stories, watch cheerful movies and listen to soft music. She strongly believed that the child absorbed everything its mother experienced and that this would affect the child’s development. Today it is an established fact that a baby’s development is as much affected by the mother’s emotional state as by what she eats and drinks, as we heard earlier.

As the First 1001 Days Movement attests, these are decisive moments in the life of a baby. Emotional abuse of the mother can damage the mental or physical health of the child, while physical or sexual abuse can lead to miscarriage. These soon-to-be-born human beings cannot be consigned to the category of “out of sight, out of mind”. If this is to be a piece of landmark legislation, our duty is that much greater to ensure that it recognises babies, the very young and the unborn. That is why I support the amendment.

[Lord Russell of Liverpool (CB)]

My Lords, I support all the amendments in this group. I declare my interests as an officer of the All-Party Parliamentary Group for Conception to Age Two, and, like the noble Baroness, Lady Stroud, I have the privilege of being a member of Andrea Leadsom’s taskforce. We will be producing our findings imminently. I did not speak in Committee because, frankly, I thought I would leave it to people who know rather more about it than myself, including many contributors who have given birth. While I am capable of many things, that is one thing I am not capable of.

I studied the Minister’s answer in Committee very carefully and was not hugely impressed, so I was intending to stand up this afternoon and be slightly critical. However, I have had a quiet word beforehand with the noble Baroness, Lady Stroud, and in the Chamber one has a great advantage: I was able to see the body language of the Minister when the noble Baroness, Lady Stroud, was making some comments, and it was extremely positive. I do not think those of us in the virtual world can see that—one of the benefits and privileges of being in the Chamber. Having studied the answer very carefully, I thought that what came out of it was something that concerns me and is worth flagging up.

The Minister tried to reassure us that all children will benefit from the Bill and that new guidance, which may be issued by the Secretary of State—it does not have to be—will cover all children, including those in utero. She then talked about the existing guidance which has been in place for some time. The Working Together to Safeguard Children initiative makes it clear that local authorities must have protocols in place to assess the needs of children in utero. She also specifically mentioned Section 47 inquiries under the Children Act 2004, which allow for a child protection conference if there are concerns for an unborn child.