Courts and Tribunals Bill (Twelfth sitting) Debate
Full Debate: Read Full DebateJoe Robertson
Main Page: Joe Robertson (Conservative - Isle of Wight East)Department Debates - View all Joe Robertson's debates with the Ministry of Justice
(1 day, 14 hours ago)
Public Bill Committees
Jess Brown-Fuller
Me again. The new clauses would require provision for the training of the judiciary and, under new clause 30, for court staff. Each of these clauses focuses on a different area. New clause 8 focuses on discrimination against ethnic minorities, including racial bias and the impact on judicial decision making. New clause 9 requires the provision of training for the judiciary focused on violence against women and girls. New clause 10 requires the provision of training for the judiciary focused on domestic abuse. New clause 30 requires the Lord Chancellor to ensure that all members of court staff working in the criminal justice system receive mandatory and consistent training on trauma-informed practices, to improve understanding of how trauma affects victims’ experience, behaviour and engagement with court proceedings.
The reasons for the new clauses—they are tabled for basically every part of justice legislation—are that there is real frustration among organisations and charities working in the criminal justice space that Parliament does not have the ability to legislate for the judiciary to have mandatory training. How do we square the circle of all those campaign organisations sounding the alarm and saying that, in order for us to make these very serious changes in moving to judge-alone trials, we must ensure that judges approach them with trauma-informed practices in mind?
That was raised in the evidence session by Farah Nazeer from Women’s Aid. When we asked her, “What would you need to see in order for this Bill to give you the confidence that victims will have a better experience and women will be better supported through the criminal justice system?” she said:
“One is training for the entirety of the court staff, because the stories that we hear and the experiences that we support women and children through are frankly appalling. The staff are not trauma-informed and there is no understanding of what a victim is going through. The courts are weaponised and survivors are brought back to the courts repeatedly. It is an appalling process. No policy area that you work on at Women’s Aid is a picnic, but this is the worst.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 27, Q53.]
In the same evidence session, Claire Waxman, the Victims’ Commissioner, said:
“I have made that point for years, regardless of these reforms. We have to improve and get reassurance around judicial training, including training on cultural competency, on understanding bias and prejudice and on the dynamics of abuse. We still see issues around coercive control, post-separation abuse and stalking. I need to be reassured that judges are being trained to the level that will give assurances to victims and to myself that they understand what is coming in front of them.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 14, Q25.]
I know that there has been significant progress, and that the organisation Fair Hearing has worked closely with the judiciary to do training about violence against women and girls and to make sure that judges are trauma-informed in their practice, but it is not mandatory. One comment that stuck with me from the evidence session was from Charlotte, one of the victims who presented evidence. She noted, of her judge:
“She said that, because I waited eight months to report, I was unreliable, and that I had clearly spoken to other victims of domestic abuse, so I knew what to say. Those comments really stuck by me.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 26, Q51.]
The very concept that a judge looks at somebody who is trying to share their experiences and says, “Well, they’ve just trained for this,” is pretty appalling. It causes me to doubt that all judges are engaging in the judiciary training as effectively as they could be.
Joe Robertson (Isle of Wight East) (Con)
I seek clarity on whether the new clause would apply to all judges or just to those in the criminal courts. In the family court the idea is to bring in expertise around the sort of issues that she talks about from agencies—such as the Children and Family Court Advisory and Support Service, and even social services—in which there are lots of trained people, but that system does not always ensure that the judge is best placed to make a good decision, as we have seen in evidence. Will the hon. Lady clarify that point?
Jess Brown-Fuller
The feeling of the organisations and charities that I have spoken to is that everybody in the judiciary should have the opportunity to go through trauma-informed training and training around violence against women and girls, around coercive control and around recognising and identifying racial bias so we can make sure that every victim is confident—whether they are going through the criminal or the family justice system—that everybody they will come in contact with understands them and the additional support that they may require.
I am sure that the Minister will say that the Government cannot mandate training because the judiciary are independent. New clause 30 aims to make sure that members of court staff, who are employed by His Majesty’s Courts and Tribunals Service, receive mandatory and consistent training on trauma-informed practice because they are the people who will support victims and witnesses through the criminal justice system. We clearly need to change our approach. In the evidence session, witnesses described an environment that is hostile to witnesses; we need one that stands up for their interests. Our new clause 30 should be the bare minimum across the courts estate, and represents a position supported by a number of organisations.