Domestic Abuse Victims and Family Courts

Joan Ryan Excerpts

Wednesday 18th July 2018 Westminster Hall

[Several hon. Members rose—]

[Joan Ryan (in the Chair)]

Order. I am sure everybody is aware of the time. I intend to start calling the Front Benchers at 3.40. If the three remaining speakers limit their remarks to about seven or eight minutes, everybody should be able to speak for a decent amount of time.

--- Later in debate ---

[Gloria De Piero (Ashfield) (Lab)]

It is a pleasure to serve under your chairship, Ms Ryan, and I thank my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) for securing this debate. Since entering Parliament, she has campaigned tirelessly on behalf of women in her constituency and across the country, and she has pushed domestic violence up the Government’s agenda. I am in awe of her work.

Even today, domestic violence remains one of the most under-reported crimes, and in Britain one woman is killed every three days by a partner or ex-partner. According to the Office for National Statistics, four in five victims of partner abuse did not report the incident to the police last year. Although some progress has been made in recent years, victims still talk of battling to be believed by a system designed to protect the perpetrator. Even worse, the process of reporting abuse can be re-traumatising in itself. Victims talk of having to re-live the experience over and over again—first with the police and then in court, all the while dealing with the fear of reprisal from the perpetrator.

If we want to eradicate domestic violence from this country and have a truly accessible justice system, we must make that system more open and supportive to survivors of domestic violence. Today, however, we are a long way from that goal. The Government’s removal of legal aid for family law cases in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 had a catastrophic impact on access to justice for victims of domestic violence. Between 2012 and 2017, applications for civil legal aid in cases involving domestic violence fell by 20%. The imposition of a five-year limit on evidence and the restriction of evidence forms meant that 40% of female survivors were unable to meet the new requirements and were left without access to legal aid. According to Women’s Aid, the result was that victims were either prevented from fighting their cases or forced to represent themselves in person and risk being cross-examined by their partners.

In December, I uncovered figures showing that the number of domestic violence victims representing themselves in the family courts had increased by 147% since LASPO’s introduction. Recent figures from the Ministry of Justice show that the number of people without representation in domestic violence proceedings reached record levels in 2017. Imagine facing the decision between representing yourself in court, without legal support, against an abusive partner, and risking their obtaining custody of your children.

I pay tribute to the organisations, such as the charity Rights of Women and the Legal Aid Practitioners Group, that ensured that last year the Government finally published reforms to the evidence requirements for accessing the DV gateway for civil legal aid. Those changes were long overdue. However, we have yet to see a significant impact. Just 56 applications for legal aid in other family proceedings such as custody cases were made to the DV gateway in 2017-18; the figure was down from 83 in 2013-14. Can the Minister tell us what steps the Government are taking to ensure that victims of domestic violence are aware of the changes to the evidence requirements for accessing legal aid in the family courts?

Legal aid is available to victims of domestic violence on paper, but in reality the wholesale removal of family law cases from its scope means that people are now hard-pressed to find someone to represent them. Recent figures published by the Ministry of Justice show that the number of family law cases started with the assistance of legal aid has fallen by 84% since LASPO’s introduction. The figures also show that the number of legal aid providers giving support in family law cases has dropped by one third, with legal aid deserts opening up in parts of the country. The number of providers has fallen by 22% in London, but by 45% in the east of England and Wales. The devastating truth is that access to justice is simply not available for many victims up and down the country, because of this Government’s changes to legal aid.

For victims who do make it to the family courts, the ordeal does not stop there. Survivors frequently report being re-traumatised in the family court room, with the perpetrator allowed to continue their abuse by manipulating the court process. Women are still routinely cross-examined in front of or even by the perpetrator in what can be a deeply traumatising process; and outside the courtroom, survivors can come face to face with the perpetrator.

Opposition Members welcome the Government’s announcement of a new domestic abuse law, including the introduction of special protection measures for victims of domestic abuse. However, those protections must be available to victims in the family courts and not just the criminal courts.

A survey by Women’s Aid of more than 100 survivors who had been through the family courts showed that more than half had no access to special measures, and more than one third were verbally or physically abused by their former partner, in the family courts. Measures such as video links, screens and separate entrances, and exit times can be life saving; they prevent victims from being followed home by their abuser or confronted outside the courtroom. I understand that the Government have just finished consulting on the domestic abuse Bill. However, they have no reason to leave us in any doubt about where they stand on this issue. Can the Minister confirm today that family courts will be included in proposals to introduce special court measures for victims of domestic abuse, and will the Government set a deadline for when that right will become fully accessible to every victim of domestic abuse?

Of course, to support victims of domestic violence to have real access to justice, we have to do more than ensure that the courts are acting as a safe space. For survivors to come forward and access the justice process, they need security outside the court as well. We are extremely concerned about the proposals to remove refuges from the welfare system. The Government’s plans to remove housing benefit as a means to pay for refuge accommodation would remove half of refuge funding overnight. Currently, more than 10% of these women are forced to sleep rough because a place in a refuge is not available. We are calling on the Government to take those dangerous proposals off the table.

Our justice system is designed to protect the perpetrator, not the victim. Important checks and balances ensure that a person is presumed innocent until proven guilty, but they also routinely leave victims feeling like an afterthought in the process or, worse, like the person on trial. The issues raised today demonstrate the urgent need for reforms. Will the Minister commit to a wholesale review of the culture, practice and outcomes of the family courts in child contact cases where there are allegations of domestic abuse?

More generally, Labour has been pushing since 2015 for a stand-alone victims law that would enshrine the rights of victims in primary legislation. We need a victims law, rather than piecemeal reform, if we are to transform the experience of victims in the criminal justice process. More than three years ago, the Government agreed, and pledged, to introduce a victims law, but victims are still waiting. Now, instead of legislation, Ministers speak of a victims strategy, so can this Minister confirm when the victims strategy will be published? Do the Government still plan to introduce a stand-alone victims law as they promised?

Today, we have heard passionate speeches from hon. Members on both sides of the House on the need to ensure that victims of domestic violence receive the protection, support and representation that they need in the family courts. Let me now use my position to pay my respects to Claire, about whom my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) spoke so heartbreakingly and movingly. I hope that the Minister has listened to Claire’s story and the other stories raised today and realises that significant reform is urgently needed.

[Joan Ryan (in the Chair)]

Could I ask the Minister to finish her speech a couple of minutes before our time is up to allow the mover of the motion to wind up the debate?