(3 days, 2 hours ago)
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The Parliamentary Under-Secretary of State for Justice (Catherine Atkinson)
It is a pleasure to serve under your chairship, Dr Murrison. I thank my hon. Friend the Member for Scarborough and Whitby (Alison Hume) and commend her for securing such an important debate.
I want to start by reflecting on the stories that she shared—stories of children feeling unheard and of families in anguish. No one could listen to them and fail to be moved. As a mum, I find them really difficult to hear, but people do not need to be parents to understand the pain that they describe. Anyone who cares about children, their safety, their wellbeing and future, as all of us here do, will recognise the profound responsibility carried when decisions are made about their lives. I pay tribute to my hon. Friend for her determination and persistence in bringing these issues to light.
I know from my hon. Friend’s previous speeches in the main Chamber, as well as from the meetings she has held with my colleague Baroness Levitt, just how deeply she cares about ensuring that children’s voices are not lost in family court proceedings. She is right; no one could disagree that children must be at the heart of any decision that the court makes about contact, or indeed any decision that has a profound impact on their lives. Whenever we seek to reform the family justice system, it is these children we work for. It is their welfare, experiences and futures that matter. They are who I have in mind when I speak today.
My hon. Friend the Member for Scarborough and Whitby spoke powerfully about the work she is doing in the context of the Courts and Tribunals Bill and the need for children’s voices to be heard and believed when they say that they have experienced abuse. The question is, are we listening when a child tells us that something is wrong?
The family courts often deal with the most complex, painful and emotionally charged circumstances imaginable. Throughout those proceedings, the child’s welfare must be the guiding principle. I assure my hon. Friend that that is precisely the approach enshrined in section 1 of the Children Act 1989, which makes it clear that the child’s welfare will be the court’s paramount consideration when the court is making a decision about the upbringing of a child. It is also why the welfare checklist set out in section 1(3) of that Act requires the court to consider, among other things, the clear wishes and feelings of the child concerned. Those requirements reflect a fundamental belief that children are not bystanders; they are individuals with experiences, views and voices that matter.
My hon. Friend also raised the issue of so-called parental alienation—I thank my hon. Friend the Member for Bolton North East (Kirith Entwistle), who also raised that issue. I reiterate the Government’s position clearly: we do not recognise parental alienation syndrome. We do not believe that it can be diagnosed.
Josh Fenton-Glynn (Calder Valley) (Lab)
It is true that the Government do not recognise parental alienation and the syndrome, but courts too often do. In fact, a report released just yesterday by the campaign group Right to Equality that analysed language used in family court judgments found that over 70% of those judgments used victim-blaming language. Does my hon. Friend agree that we need to open up the Judicial College to some scrutiny if those are the kinds of judges that it is producing?
Catherine Atkinson
I was discussing that report with Baroness Levitt yesterday, so it is one that I am conscious of and one that we will be looking at.
The Family Justice Council has published guidance to assist courts in handling cases of this nature. Importantly, the guidance recognises that there can be entirely justified reasons why a child might fear or reject contact with a parent. Those reasons can include domestic abuse, a parent’s limited involvement in the child’s life and poor parenting. The guidance is explicit that where findings of domestic abuse are made, a child’s rejection is a justified response to that abuse. That behaviour should not be characterised as alienating behaviour. That is incredibly important because children who have experienced abuse have already shown extraordinary courage in speaking about what has happened to them.
The justice system must be capable of hearing those voices fairly and with compassion. Taken together, the legislation and the Family Justice Council’s guidance are clear: children’s voices must always be central in those cases. I also acknowledge the important point made by the hon. Member for Woking (Mr Forster), as well as the fantastic work that contact centres undertake. That work is so important to the relationships of parents and their children and wider family relationships as well.
My hon. Friend the Member for Scarborough and Whitby also raised the experiences of families who believe that they have been wrongly separated from their children following allegations of so-called parental alienation, and their difficulties in accessing an appeal. As I have said, she is absolutely right to highlight those cases, and the families affected have my deepest sympathies. The human reality of that is of a parent and child being torn apart, and a family living with uncertainty, grief and deep distress, with seemingly no straightforward means of resolution.
That is why I welcome the important work being undertaken by the Family Justice Council at the invitation of the former president of the family division to consider whether an alternative and more appropriate procedural approach is needed in cases where unregulated parental alienation experts have been instructed. Although it would not be appropriate for the Government to pre-empt the outcome of that work, I assure my hon. Friend the Member for Scarborough and Whitby that we recognise the importance of the concerns and are closely monitoring the work as it progresses.
My hon. Friend also raised an important question: what more can we do to ensure that children’s voices carry weight in family courts? That is the most important question for our system to consider, and it is right that we continue to ask it. I assure her that there are already encouraging signs of progress. In March, the president of the family division released a toolkit to guide judges on how to write to children so that they better understand the decisions that affect their lives. The Children and Family Court Advisory and Support Service and CAFCASS Cymru continue to strengthen the way that their staff engage with children. The Family Justice Board brings the voices of children into the heart of the Government’s work in this area by including representatives of the Family Justice Young People’s Board in its meetings. That means that those responsible for driving improvement in the system hear directly from children and young people, but we know that there is more to do.
My hon. Friend rightly highlighted the child-focused model. Following a highly successful pilot, we are rolling that model out nationally over the next three years. It is a significant change in approach. Too often family proceedings become focused on the conflict between parents—between adults. The child-focused model centres on the needs and views of children at the start of every case through the introduction of the child impact report. That report represents an assessment of risks and issues through direct engagement with the parties, with relevant agencies and, crucially, with the children themselves in most cases. That means that judges receive better information earlier and can make orders that are safe and sustainable, sparing many children the trauma of their cases repeatedly returning to court. The impact is already clear: cases operating under the model were resolved about twice as fast as the national average, which means that children can get on with their lives rather than being stuck in the limbo of family court proceedings. Importantly, children who have experienced the model consistently report feeling listened to; one young person described feeling as though a weight had been lifted from their shoulders. That speaks volumes.
My hon. Friend also spoke about wider reform, including the case for a family justice Bill. I understand that ambition but would point to the significant programme of reform already under way. We are repealing the presumption of parental involvement from the Children Act 1989. As my hon. Friend mentioned, that is testament to the brave fight of campaigners such as Claire Throssell, my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) and many more. Through the Victims and Courts Act 2026 we are restricting the exercise of an offender’s parental responsibility in cases of serious child sexual abuse and where a child is born of rape. My colleague Baroness Levitt has confirmed that we will implement Jade’s law by the end of the year. Taken together, those measures will protect thousands of children each year.
My hon. Friend the Member for Scarborough and Whitby also rightly raised the problem of unregulated parental alienation experts. Families facing family court proceedings are often navigating some of the most difficult parts of their lives. It is absolutely essential that experts are suitably qualified, properly regulated and held to appropriate professional standards. So-called experts on parental alienation are practising the kind of pseudoscience that we do not want to see in family proceedings.
I again thank my hon. Friend for securing a debate on such a crucial topic and for her determination in championing these issues. Every child who comes into contact with the family justice system is already navigating the most difficult circumstances. They deserve a system that protects them, that listens to them, and that puts their welfare above everything else. I believe that every hon. Member in the Chamber shares that goal. We want children to be safe, to be heard, and to have the chance to move forward with stability and hope. That is what this Government are determined to achieve.
Question put and agreed to.