Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to bring forward legislation to reverse the PACCAR judgement within the current Parliament.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
We intend to introduce legislation to mitigate the effect of the PACCAR judgment as soon as parliamentary time allows. The new legislation will clarify that Litigation Funding Agreements are not Damages Based Agreements. The Government recognises the critical role third-party litigation funding plays in access to justice and is committed to ensuring it works fairly for all.
We will outline next steps in due course.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the criteria for parental involvement in decision-making for young people who lack mental capacity after becoming 18 years of age.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Anyone who wishes to make decisions for a person who lacks the mental capacity to do so for themselves must have the legal authority to act. The provisions of the Mental Capacity Act 2005 reflect that principle and provide safeguards to protect the interests of persons who lack mental capacity.
Parents are often unaware they need legal authority to make decisions once their child reaches 18, when legal parental responsibility ends. The Government acknowledges this lack of awareness and in relation to property and finance has produced a toolkit ‘Making Financial decisions for young people who lack capacity’ to raise awareness: Making financial decisions for young people who lack capacity: A toolkit for parents and carers - GOV.UK.
Parents and carers can still be involved in decisions regarding the young person. Section 4 of the Mental Capacity Act (MCA) 2005, outlines the principles for making decisions in a person’s best interests for whom they care and confirms that the decision maker should consult with anyone engaged in caring for the person as well as close family and friends.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make it her policy to seek an agreement with the US Government on measures to minimise delays in UK probate cases where the deceased held assets in the US.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Applications for probate for the estate of an individual who died domiciled in England and Wales will normally be dealt with by reference to domestic laws.
Where an estate involves foreign assets, the onus is on personal representatives to assess which laws would apply in an individual case, and whether probate would be required in other jurisdictions to administer a cross-border estate.
Where it is necessary, private international law rules may need to be exercised to determine which law of succession should apply to the assets applies. These rules are well established and there are no plans to seek an international agreement with individual states.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to bring the financial threshold for electing for trial by jury for theft in line with that for charges of criminal damage.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
In Part I of the Independent Review of the Criminal Courts, published July 9, Sir Brian Leveson recommends reclassifying certain triable either-way offences, including theft offences. We will set out our response to this and other aspects of his report in due course.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps her Department is taking to to minimise the potential impact of court proceedings on domestic violence victims by (a) aligning the (i) burdens of proof, (ii) legal standards and (iii) duties of lawyers in the family and criminal courts and (b) improving the admissibility of evidence between the family and criminal courts.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government is committed to doing everything it can to halve Violence Against Women and Girls within a decade. We recognise why it is important that victims of domestic abuse can have confidence that their case will be heard in court as soon as possible, and that they have support to help them navigate the justice system.
There are many procedural and systemic differences between family and criminal courts which are necessary and important given the very different contexts of those proceedings and the issues they are dealing with. Despite this, victims of domestic abuse are entitled to many of the same protections across our family, civil and criminal courts, including automatic eligibility for special measures, which can include giving evidence behind a screen or via a video link, and protection from being directly cross-examined by their perpetrators. In addition, our recently introduced Domestic Abuse Protection Order, is the first ever cross-jurisdictional order to be made available, on civil standard of proof, across family, civil and criminal courts.
While the Government is pursuing a range of initiatives and longer-term reforms across both criminal and family courts, aimed at improving outcomes for victims of domestic abuse, no steps are being taken to align different standard of proof, admissibility of evidence or procedure between these different jurisdictions.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of the levels of (a) protection and (b) support for male victims of (i) domestic violence, (ii) harassment and (iii) intimidation through the criminal justice system.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
We recognise that men and boys experience crimes associated with domestic abuse, such as stalking, harassment, and sexual violence. That is why we are committed to ensuring male victims and survivors get the support they need. We are working tirelessly across government to deliver the Violence Against Women and Girls Strategy as soon as possible, which will set out commitments for all victims, including for men and boys who are victims of abuse.
We know male victims may face different barriers to accessing support. This Government funds specialist services for victims of these crimes, including services for male victims, such as Respect, Galop, SignHealth, Hourglass, and Mankind UK. This includes the Men’s Advice Line, run by Respect, which offers vital support to male victims of domestic abuse.
Alongside this, we have committed to a range of measures which apply to all victims of sexual crimes and domestic abuse, regardless of gender. These include piloting the domestic abuse protection order (DAPOs), exploring options for fast-tracking rape cases, and working to introduce independent legal advocates for adult rape victims. Special measures, such as screens and live links, are also available to help vulnerable and intimidated victims and witnesses to give their best evidence at court.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what support his Department provides to bereaved families awaiting coroner's inquests.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government is committed to supporting an inquest process which is swift as possible and puts the bereaved at the heart of the process. We recognise the impact of delays on bereaved families and wider systems. However, as coroner services are locally funded and administered, operational issues are the responsibility of the relevant local authority.
We will continue to work closely with the Chief Coroner, local authorities and other key partners to reform and deliver a framework for the future development of coroner services across the 74 coroner areas in England and Wales. This work will also take into account the implications of the recently introduced Public Office (Accountability) Bill for the delivery of coroner services and the experience of the bereaved at inquest.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the potential impact of court delays on local authorities carrying out enforcement of unauthorised encampments on Council property.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Enforcement action against unauthorised encampments is treated as urgent business by the courts, and subject to any local capacity constraints, courts will issue proceedings and set a hearing date for the next available date.
Work is ongoing to make improvements in the County Court, to deliver a more efficient, timely and digitised service. We are increasing resources, including through targeted judicial recruitment, and introducing new digital systems - such as a new end-to-end digital possession service for all possession claims in England and Wales – to drive efficiencies. Local Authorities will be able to use the new digital possession service for enforcement action against unauthorised encampments on Council property when fully rolled out.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps her Department is taking to reduce delays in processing times for deputyship applications by the Court of Protection.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
HMCTS is working to increase overall system capacity to decrease processing times across all types of applications. Measures taken include a targeted action plan to allocate additional administrative resources in response to higher demand, as well as training and upskilling new staff. Additional judicial sitting days have been added to support performance improvement. HMCTS has also adopted new digital systems, including an updated case management system, to help reduce overall end-to-end processing times.
Asked by: Jess Brown-Fuller (Liberal Democrat - Chichester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of providing financial protection to victims of (a) financially coercive and (b) other controlling behaviour.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government was elected with a landmark mission to halve violence against women and girls (VAWG) in the next decade. We will use every tool within our power to target perpetrators and address the root causes of abuse and violence, including domestic abuse.
The financial difficulties which cohabitants, including victims of abuse, can face when their cohabiting relationships come to an end, is a matter of concern. That is why the Government committed in its 2024 manifesto to strengthen the rights and protections available to women in cohabiting couples. The Government will set out the next steps in due course.
In relation to divorcing couples, the Law Commission’s December 2024 scoping report on financial remedies considered how conduct, such as domestic abuse, including economic abuse, is considered by the courts when making decisions about a couple’s finances on divorce. The Government will carefully consider the findings of this report.