Family Court Reform and CAFCASS

Bambos Charalambous Excerpts

Wednesday 22nd March 2023 Westminster Hall

[Taiwo Owatemi (Coventry North West) (Lab)]

I beg to move,

That this House has considered the Children and Family Court Advisory and Support Service and family court reform.

It is a pleasure to serve under your chairship, Mrs Cummins.

Family breakdown is never easy. Disputes are inevitable and often bitter. Children are caught in the middle of a tug of war between parents. In those conflicts, the Children and Family Court Advisory and Support Service, or CAFCASS, plays a key role. Child arrangements orders, prohibited steps orders and a host of other key rulings in the family courts often hinge on the reports provided by CAFCASS and the assessments carried out by its workforce. CAFCASS is in desperate need of reform, and it requires funding to protect children subject to care proceedings.

The Criminal Justice and Courts Services Act 2000 stated clearly the role of CAFCASS. First and foremost, it has a duty to safeguard and promote the welfare of children affected by family courts proceedings, yet it is falling far short of the standards required. In 2020, the Ministry of Justice published a damning report on the performance of CAFCASS. The findings were shocking, including failures running deep into every area of the organisation’s work, poor handling of domestic abuse allegations, wilful disregard of children’s voices and an obsessive pro-contact culture that puts unfit parents’ demands ahead of children’s best interests. That was the Government’s own verdict.

The reality is that that is simply an exacerbation of a problem that has engulfed the family courts since 2010. The Government’s cruel decision to remove legal aid from the majority of such cases has led to ugly and disordered scenes in courtrooms nationwide, as parents are forced to represent themselves without sufficient support or understanding of how the system is supposed to function.

Diminishing access to legal aid has only caused further delays in the courts, and denies victims justice. To address the backlog, the Government should properly fund civil legal aid and restore legal aid for early advice for family cases, so cases can be resolved more efficiently.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

There is often a financial disparity between parties. Sometimes, parties use the issue of parental alienation to drag things out longer and to add more expense to the disadvantaged party in those proceedings. Does my hon. Friend agree that it is time that CAFCASS, the courts and judges were better trained in the issue of parental alienation and how it is used as a tactic to prevent court cases dragging on longer than they need to?

[Taiwo Owatemi]

I absolutely agree, and parental alienation is an issue I will come to later in my speech. Reform is desperately needed.

Will the Minister outline what steps the Ministry of Justice is taking to increase the funding of legal aid? Will he update us on when we can expect the civil legal aid review?

--- Later in debate ---

[Taiwo Owatemi]

Absolutely. Proper legal representation needs to be available to everyone in the United Kingdom.

The large backlogs in the family court are creating delays and uncertainty for families and, most alarmingly of all, for vulnerable children. No child should have to witness this sort of conflict, anger and grief played out before a judge. The children caught up in these cases are now suffering as a result of constant failings in leadership from Ministers in this Government.

The most damning aspect of our family court system is false accusations of parental alienation. Too often, as my hon. Friend the Member for Enfield, Southgate (Bambos Charalambous) says, a wealthy parent can, in effect, purchase custody of a child through certain legal loopholes. Denounced by the United Nations as a “regressive pseudo-theory”, parental alienation is an argument whereby one parent claims that another is making false abuse claims or is otherwise manipulating the child’s view out of hostility towards their ex-partner. The concept has little to no evidence to support it, but is none the less often accepted, resulting in children being placed with an abusive parent.

I pay tribute to the team at the University of Manchester, whose recent research has revealed the dark and rotten roots of that commonly employed tactic. It was invented 40 years ago as a means of aiding perpetrators to cover up the physical and sexual violence to which they had subjected their spouses and children, yet in Britain the strategy is being given free rein in our family courts. Not only are utterly unqualified individuals being allowed to testify as supposed experts in such cases, but CAFCASS has overseen the rise in such false allegations.

I have spoken with many constituents about their treatment by the family courts. One case summarises everything that is wrong with CAFCASS: the dangers of parental alienation and the risks posed by a blind insistence on contact even when a parent is evidently unfit to have any responsibility over a child. My constituent married a foreign national a decade ago. They had one son, who is now eight years old. Until recently, he was being brought up by his mother in the comfort of a loving, caring home alongside his extended family. Having had the courage to escape the sexual and physical domestic abuse inflicted by her ex-husband, my constituent was granted sole custody of her son. Occasional contact with the father was enforced by the court and complied with by my constituent, despite the clear distress that those sessions caused to the child, yet, when the arrangements broke down, the father was able to launch false alienation proceedings against his ex-wife to remove the boy from her custody. That was supported every step of the way by CAFCASS. He has now succeeded in depriving my constituent of her only child, despite the rigorous investigations by social services at Coventry City Council that concluded that she was an exemplary mother.

Thanks to the deeply imbedded pro-contact culture of CAFCASS, long since identified but allowed to run unreformed for years, an eight-year-old boy is now in the clutches of a man who beat and sexually assaulted my constituent throughout their marriage. Despite mountains of evidence proving his unfitness to have custody of the child, everything was pushed and CAFCASS took his side, placing the blame on the boy’s mother.

What is perhaps most concerning is that despite the child’s distress, a litany of domestic abuse and the detailed reports compiled by Coventry City Council in support of my constituent’s parenting were all cast aside in the family courts. Deploying parental alienation allegations as his chief legal tactic, the boy’s father has now won sole custody, leaving my constituent utterly bereft.

[Bambos Charalambous]

The interests of the child should be paramount—that was written into the Children Act 1989, many years ago—but there seems to have been a clear failure of that policy. Allegations of parental alienation often cause great distress not just for the parent, but for the child at the centre of the case. Does my hon. Friend agree that in cases such as the one she describes, CAFCASS needs to return to focusing on the paramount interests of the child?

[Taiwo Owatemi]

Absolutely. The role of CAFCASS is to protect the child during family proceedings, but it seems to be failing in that role.

The tragedy is being multiplied in the thousands nationwide. A self-reported survey suggests that allegations of parental alienation are made in up to 70% of family court cases in England and Wales. The scandal has been allowed to go on for far too long. It is time for CAFCASS and the family courts to be held accountable. When will the Government legislate to bar unqualified so-called experts from the family courts? When will guidance be published for judges on the admissibility of family alienation allegations as evidence in these cases?