Family Justice System: Domestic Abuse and Safeguarding

Debate between Andy Slaughter and Gordon McKee

Thursday 21st May 2026 Westminster Hall

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

It is a pleasure to see you in the Chair, Ms Furniss. I congratulate the hon. Member for Wokingham (Clive Jones) on securing this important debate. May I also congratulate the Minister? This is my first opportunity to speak in a debate to which she is replying. Perhaps I should be congratulating the Government on her appointment, since I know she will do an excellent job.

Victims and survivors of domestic abuse who are separating from their abuser will often be involved in proceedings in the family court, for example to obtain a non-molestation or occupation order, divide assets following divorce or determine arrangements for children where these are in dispute. Sadly, perpetrators of domestic abuse often use proceedings in the family court as a means of coercive control and abuse post separation.

In the case of private law children proceedings, the Domestic Abuse Commissioner’s office, which gathered and analysed data from three court sites in England and Wales throughout 2024, found overwhelming evidence of domestic abuse, identifying it in 73% of the hearings observed. As I think the hon. Member for Wokingham said earlier, 87% in the sample of cases reviewed had reference to domestic abuse, which has led the Domestic Abuse Commissioner, Dame Nicole Jacobs, to describe domestic abuse as

“the everyday business of the family courts”.

There are very significant numbers of these cases. In 2025 alone, more than 55,000 private law children cases started. Clearly a great number of people, including children, are affected.

[Gordon McKee (Glasgow South) (Lab)]

Like all Members of this House, I have had people coming to my constituency surgeries having suffered from domestic abuse. If my hon. Friend will allow me, I want to place on the record the fantastic work that Glasgow Women’s Aid has done to support my constituents and people across the city in this most difficult of circumstances.

[Andy Slaughter]

I am grateful for that intervention. Many Members here will have local organisations that they help to signpost, champion and try to obtain funding for. What I am arguing for is something that is comprehensive and reliable, in terms of funding and support. In addition to the excellent work that Members may do, we need a better structure to support the family court system and victims in it.

Just to review where we have got to so far, the June 2020 publication of the harm panel report, which has been mentioned, began a series of significant policy and legislative developments relating to domestic abuse and the family courts. Following extensive evidence gathering, the panel found that domestic abuse allegations and related risks were not taken sufficiently into account by the family court, due to “deep-seated and systemic” failings.

Many of the report’s recommendations were brought in by the Domestic Abuse Act 2021. For example, section 1 gives legal recognition to different forms of domestic abuse, including economic abuse and coercive control, and section 3 gives recognition to children who see, hear or experience domestic abuse as victims. The Act also requires that victims and survivors be provided with special measures to reduce the traumatising nature of proceedings and enable them to give their best evidence, such as the use of screens and the provision of separate entrances, exits and waiting rooms. Furthermore, it prevents unrepresented perpetrators or alleged perpetrators of abuse from cross-examining their victims or alleged victims during proceedings.

In response to the harm panel’s recommendation that the voice of the child should be enhanced during proceedings, the previous Government piloted child-focused courts, then referred to as private law pathfinder courts. The pilot, which began in north Wales and Dorset in 2022, was designed to test a less adversarial problem-solving approach. At the outset of a case, the risks posed to children from domestic abuse allegations are identified and specialist support is provided where needed. The results of the pilot indicated faster resolution of cases, children’s voices being placed at the foreground in proceedings and a transformed experience for domestic abuse victims.

Last year, the Justice Committee, which I chair, examined the effectiveness of these recent reforms. We heard from the Domestic Abuse Commissioner, the chief executive of the Children and Family Court Advisory and Support Service and the then president of the family division, Sir Andrew McFarlane. We were keen to understand, five years on from the publication of the harm panel report, what progress the family court had made on reforming its approach to domestic abuse in the cases before it.

One of our key findings was that there is wide approval and enthusiasm for the work and outcomes of child-focused courts, which our witnesses said should be rolled out across England and Wales with urgency. We are extremely pleased that that is now under way, with a substantial investment promised by the Government in this financial year.

However, a note of caution was sounded that I wish to highlight to the Minister. The model places much greater pressure on CAFCASS and other specialist support providers, particularly at the outset of a case, so they need to be resourced accordingly. In the words of one witness to our inquiry:

“If you are going to have specialist domestic abuse provision supporting the courts, then it needs to be baked into the budget and resource that are coming down the line. It is not the model of the court that will sort the experience of children and victims out; it is the quality of the risk assessment that goes on to present advice to the court.”

Our witnesses also reported on the success of the family, drug and alcohol court, which takes a problem-solving approach to care proceedings for parents with complex needs, including experiences of domestic abuse and substance misuse. I highlight to the Minister the great potential of that approach.

The former president of the family division was a great proponent of FDAC in domestic abuse cases. In his evidence to the then Committee in April 2024, he said that

“there is a domestic abuse component”

in every case dealt with by FDAC, and that FDAC had

“found a way of supporting that victim to deal with the fact that they may have a series of abusive relationships that they have gone through and to break the cycle.”

Despite this, FDAC provision is patchy, to say the least. There are currently FDAC teams supporting families in about 39 local authorities and 24 family courts. They are in an uncertain position, though, with Newcastle having lost its FDAC in the last year and with provision in the midlands looking precarious. Our witnesses pointed out that despite the strong evidence base demonstrating its success, the FDAC

“depends on small pots of funding year to year”,

usually from local authorities and dedicated individuals who understand its potential and cobble money together.

I therefore urge the Minister to consider the expansion of FDAC, which would enable courts hearing public law proceedings to respond more effectively to domestic abuse, in the same way that child-focused courts are doing in private law proceedings. FDAC must be looked at across Government, and I hope that the Government’s forthcoming family justice strategy will consider it. The Ministry of Justice is involved in providing the courtroom and the judge, but the Home Office, the Department of Health and Social Care and the Department for Education also have an interest in its beneficial outcomes.

Finally, in line with the recommendations of the harm panel, the Courts and Tribunals Bill will repeal the presumption of parental involvement in the Children Act 1989, ensuring a child-centred approach when deciding what contact a child should have with their parents. I hope that we will see the Bill returning to the House soon—I would be grateful if the Minister indicated today when that might happen, as there is a lot in the Bill that we would like to see more of—so that this important safeguard can be implemented without further delay.