(2 days, 14 hours ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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Kirith Entwistle (Bolton North East) (Lab)
I thank my hon. Friend for bringing this debate to the House and for mentioning the so-called experts. We know that accusations of so-called parental alienation are too often used against mothers who are trying to protect their children, but because so few family law cases are publicly available, we do not know the true extent of the problem. The campaigns led by Right to Equality, Women’s Aid and Hague Mothers are important, but does my hon. Friend agree that when a mother says, “My child is not safe,” the court should hear her and believe her rather than using the guise of parental alienation to dismiss her?
Alison Hume
I thank my hon. Friend for her work on the issue. I completely agree that unfortunately we are seeing far, far too many mothers who are disbelieved and have had their children removed from them without any basis for doing so at all. Lives are being destroyed.
If a parent complains, there is a very significant risk that that will be used against them. Ultimately, it should not matter whether an expert is regulated or unregulated if regulated and unregulated experts both rely on the same harmful pseudoscience and inflict equally devastating consequences, particularly on mothers and their children. The advice provided by experts can have a significant influence on the judge’s decision about child contact arrangements: the Ministry of Justice’s 2020 harm report highlighted the fact that allegations of parental alienation are often accepted by the family court without robust scrutiny. Evidence from survivors continues to show that counter-allegations of parental alienation are taken more seriously than those of domestic abuse. In many cases, claims of alienation can lead to the child being removed from the survivor parent, despite existing evidence of abuse. A constituent of mine had her children removed in an alienation case when the theory was introduced after she alleged domestic abuse.
The non-profit Right to Equality has conducted a large-scale survey of mothers whose children were removed from their care in private law proceedings. The survey reveals concerning patterns around child removal, including the role of parental alienation allegations, limited fact-finding on abuse and the influence of expert recommendations. In total, the 217 mothers had 342 children removed from their care. That is quite clearly not in the best interests of those children and is deeply traumatic for their mothers.
I have heard countless seriously concerning stories about children put into high-risk arrangements by the family court. Julia Margo, the co-founder of the charity Fair Hearing, with which I have been working closely, had a traumatic experience with the family justice system. After discovering that her former partner had been convicted of child sexual abuse, she endured years of legal battles, during which he took her to court 37 times demanding access to their children. Meanwhile, she felt dismissed and disbelieved by the system. She said that the court seemed more concerned about the risk of parental alienation than about the safety of her sons being left alone with a paedophile.
In another case, a child was taken away from her mother without warning at 10 years old. That day, a social worker came to the house and told her that she had half an hour to pack her things. The child recalled:
“I stuffed my favourite outfit in a bag—this blue shirt and leggings—along with a photo of me and mum. And then I got this bunny, my favourite soft toy, and I left it on her bed. It is what mum would do for me if she ever had to go away.”
The young girl later discovered that that simple goodbye had been used to criticise her mother, who had been her main carer since her parents had separated two years earlier. She said:
“The social worker said to my mum that no child should be worried about their parent’s feelings, and it was a sign of abuse.”
At 12 years old, the child wrote to the president of the family division, England’s most senior family judge, seeking the representation that she was previously denied. A district judge had found abuse from her father and found that her mother harboured a great deal of anger against him. A consultant psychiatrist, Dr Mark Berelowitz, was then brought into the case and claimed that the reason she was opposed to seeing her father was that she had been subjected to her mother’s
“unresolved angry feelings about the breakdown of their relationship.”
The judge then ordered that the child should move to live with her father, as her mother was not giving her emotional permission to enjoy a relationship with her father.
It is clear that in this case, as in so many others, parental alienation allegations represented the complete disregard of a child’s wishes during the court process. In the child’s words:
“I was removed from my mother’s care within hours of a court order being made…I spent the ensuing five years faced with professional after professional who refused to believe me. They said I was repeating my mother’s words and that, despite findings of domestic abuse, it was better to have a relationship with the person who frightened me.”
Parental alienation is a harmful ideology that profoundly impacts children. However, there are signs that the winds of change may now be moving through the family courts. In February this year, the president of the family division handed down a landmark judgment dismissing findings of so-called alienation against the mother. She had been prohibited from seeing her children for five years after alleging abuse in private family law proceedings. Lawyers have since characterised the initial ruling as draconian and extraordinary.
In December 2019, the court ordered that the children, who were then aged nine and 12, be removed, and it granted the father sole custody. The evidence was given by an unregulated psychologist, Melanie Gill. In overturning court findings informed by Gill’s reports, the president of the family division’s ruling could open the door for other families assessed by Gill, who has acted as an expert witness in up to 200 cases. Guidance published by the Family Justice Council in December 2024 says that experts should not be appointed to look for alienation; instead, judges should take a factual approach to identifying specific alienating behaviours. It was this new information that enabled the mother to bring her case back to court.
In a historic part of the judgment, the president of the family division has recognised the significant barriers that mothers face when seeking to appeal and has asked the Family Justice Council to consider an alternative procedural approach proposed by the legal team representing the mother and her son. I urge the Family Justice Council to consider that proposal as a matter of urgency, so that children and their parents who have been wrongfully separated because of pseudoscientific claims can finally have their cases reviewed.
However, there is still more work to be done. Hundreds of children and mothers have been wrongfully separated by family courts in England and Wales. This is a matter of national shame. Although the 2024 guidance and recent judgment from Sir Andrew McFarlane are clear and consistent, there is a risk that by themselves they will not be able to prevent the underlying error. As a route to justice, such judgments depend on the protective parent securing legal representation, identifying the procedural defect and bringing a part 18 application to set aside, years after the original order.
As I have mentioned, the president of the family division himself has acknowledged that mothers in this position face significant barriers to appeal. That is why I have been working on an amendment to the Courts and Tribunals Bill; I am grateful to Baroness Levitt KC, the Under-Secretary of State for Justice, for the time she has taken to discuss it with me. Through the amendment, I propose to introduce a statutory presumption operating at the front end of proceedings, before findings of fact are made and before residence is disturbed. That would effectively prevent harm, rather than relying on a remedial route that few will successfully be able to navigate. We need to ensure that the family justice system is reformed so that the voice of the child is always put at the centre of proceedings, and so that allegations of alienation never take precedence over allegations of abuse.
I welcome the fact that, thanks to timeless campaigning by the indomitable Claire Throssell and by my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) the Courts and Tribunals Bill will repeal the presumption of parental involvement set out in the Children Act 1989. This is a long-overdue correction to the pro-contact culture identified in the 2020 harm report and will address what the court must presume about contact in general. I also welcome the Government’s rolling out of child-focused courts nationally, which will put children at the centre of proceedings and resolve cases quicker.
An important question remains unaddressed, however: when a child resists or refuses contact with a parent against whom abuse is alleged, what weight should the court give to that response as evidence? That gap is currently doing significant harm. Too often, in current practice, the answer has been to reframe that resistance as the product of so-called alienating behaviour by the protected parent. Doing so risks reinterpreting the child’s voice not as a possible indicator of harm, but as evidence of manipulation.
I am also aware of cases in which a child discloses abuse by their father, particularly child sexual abuse, and those disclosures are then used as evidence of alienation against their mother, meaning that when a child makes a disclosure it can work against the mother, who risks losing the child. My simple amendment would effectively prevent the use of counterclaims of alienation to undermine or distract from allegations of domestic abuse, and would ensure that the child’s evidence has the weight that it deserves.
Does the Minister agree that for many of the hundreds of children and mothers who have been forcibly separated, the route to justice through appeal is hard to access? Does she agree that further reform is urgently needed to ensure that children’s voices carry the evidential weight that they should carry in family court proceedings? Does she support strengthening the Courts and Tribunals Bill further so that if a child has experienced or witnessed abuse, the child’s not wanting to see the perpetrator is first assumed to be a reasonable reaction in the family courts?
(2 months, 2 weeks ago)
Commons Chamber
Kirith Entwistle (Bolton North East) (Lab)
It is a pleasure to speak in today’s debate. I first spoke on this Bill on Second Reading, when I said that victims in Bolton had waited far too long for a system that truly works for them. This Bill delivers critical reforms to protect victims and rebuild confidence in our justice system, from powers to tackle non-attendance at hearings to measures strengthening the rights of victims. It will help victims to get the justice they deserve, and I am pleased that this Labour Government are getting on with the changes that victims and campaigners have needed for far too long.
I am particularly pleased to support the measures in this Bill that strengthen victims’ rights to receive information. The dedicated victim helpline and the updated victim contact scheme will help end uncertainty and stop victims having to keep chasing for basic updates. I understand the intention behind Lords amendments 1 and 3, on court transcripts, which try to address the same basic problem: victims not getting clear enough information about decisions that affect them. Victims deserve clarity, and the process must be more transparent, but the Government have been consistent in saying that these amendments go further than is currently operationally feasible. If we create duties that the courts do not have the capacity to fill safely, victims will be let down once again. If we promise a process that cannot be delivered in practice, we are not building trust; we are undermining it.
This Bill marks an important step forward in strengthening the rights of victims, ensuring that offenders are held to account and rebuilding confidence in our justice system. For victims in Bolton who have waited far too long to be properly informed, supported and heard, this Bill will make a real difference, and I am proud to support it.
(3 months ago)
Commons ChamberI understand what the hon. Gentleman is saying. I will continue my speech and perhaps he will listen to what I have to say.
The purpose of court decisions is, as the hon. Gentleman said, to prevent unsafe contact and to prevent tragedies. As a paediatrician, I have seen situations where children have been given back to parents and have come to significant harm as a result. I have dealt with and looked after those children, and unfortunately they have not been protected or saved in every case. The law is there to prevent unsafe contact, but the children’s needs must be put first, with the power to restrict access where they are in danger. The court must listen to all the evidence available, but no system is infallible and sometimes judges get it wrong. When they do, the outcomes can be hugely tragic, leading to the loss or serious injury of a child.
I know that this legislation has been brought forward with good intentions. The test is whether it will prevent such harm and such tragedies. I think that it might not. The reason is that the impact assessment produced by the Government says that it is “unlikely to materially change” the outcome in court. If that is the case, what is the point of the legislation? Will it, on the other hand, reduce the likelihood of children seeing their parents? Will that, in and of itself, cause some harm? Will it prevent some children from having the contact they need with their family members? Will it prevent the tragedies that we wish to prevent or not? Will it isolate those children who will come to harm? Do we have the right risk assessments to do that?
Every single one of us in this House wants to protect children. We need to improve the risk assessments and ensure that social workers have time to make proper risk assessments so that they identify the children who may be at risk and separate them from those who are not. We also need to improve the representation of children in court. I was once in court, in the witness box, and the barrister who was representing the children got up to speak. He asked me a question, but he had forgotten the name of one of the two children in the family and I had to remind him from the witness box. We really need to improve the quality of the representation of children.
I will not.
This legislation is potentially just a distraction—something that makes people feel like they are doing something and making a difference, when the impact assessment that the Government have produced suggests it will not. Is this change going to make any difference or not? Is this a lost opportunity to improve the risk assessments, children’s representation and social work and to actually make a difference?
Matt Bishop (Forest of Dean) (Lab)
At the heart of the reforms before us today is one word and one simple question: the word is victims and the question is, how do we ensure that victims actually receive the justice that they are promised?
Hon. Members will know that before coming to this place I served as a police officer over three different forces. During that time I saw at first hand the impact that crime has on people’s lives. I met victims at some of the worst moments that they will ever experience, often after deeply traumatic incidents. What always stayed with me was the faith that victims place in our justice system. They believe that if they report what has happened, come forward and endure the stress of an investigation and a trial, the system will ultimately deliver justice. They believe that the institutions of this country—the police, the courts and the rule of law—will stand behind them.
When victims report a crime, they are making a promise to us and to the justice system that they will follow through and endure the issues that they have to endure. The least we can do is to ensure that the justice system keeps its promise to them. However, today that faith is being tested far too often. I regularly meet victims and victims’ groups who speak about the anxiety, uncertainty and sheer exhaustion that comes with waiting for their case to reach court. Many have done everything we have asked of them—reported the crime, given evidence and supported the investigation—only to be left waiting months and years for a conclusion.
Through my work on the Justice Committee, I have heard extensive evidence about the state of our courts. The reality is stark. The Crown court backlog has more than doubled since 2019. Trials are taking longer and for some of the most serious offences, particularly rape and sexual assault, victims are waiting well over a year on average for their cases to conclude. Behind those numbers are real people: victims who cannot move on with their lives, families left in limbo and witnesses forced to relive traumatic experiences as hearings are delayed or postponed. Justice delayed really does become justice denied.
Before going further, I want to recognise the people who keep our justice system running: the magistrates, judges and court staff all do extraordinary work. Magistrates in particular give up their time voluntarily to serve the public and uphold the rule of law in their communities. Too often we talk about the pressures on the justice system without recognising the people who are holding it together. They deserve our gratitude, but they also deserve a system that properly supports the work that they do, and that is why this reform is necessary.
The reality is that cases today are more complex than they once were. Digital evidence, mobile phone data, body-worn cameras and modern forensic techniques have all improved the fairness of trials, but they have also made cases longer and more demanding to process. The measures in the Bill seek to address that. Giving magistrates greater sentencing powers will allow more cases to be resolved in the magistrates courts, freeing up Crown court capacity for the most serious offences. Similarly, allowing courts greater flexibility in determining where cases should be heard helps to ensure that the most serious crimes are not competing for court time with cases that could be resolved more quickly elsewhere.
Another important aspect of the Bill is the modernisation of the courts. For too long, our justice system has lagged behind the technology available to it. Victims still face unnecessary barriers when trying to access transcripts or understand the progress of their case. Using technology more effectively can make the system faster, more transparent and more accessible.
Finally, I will briefly address the removal of the presumption of parental involvement from children. For many years, survivors of domestic abuse and campaigners have raised concerns about what has sometimes been described as a pro-contact culture in parts of the family courts system. Organisations, such as PEEPSA—Prevent, Educate and Eradicate Post Separation Abuse—that support survivors of post-separation abuse have welcomed the Government’s decision to repeal the presumption of parental involvement. They have long warned that a pro-contact culture can risk sidelining the safety of children and survivors.
Kirith Entwistle
Too many women have told me that the family courts felt like an extension of the abuse that they were trying to escape. Does my hon. Friend agree that ending the presumption of parental involvement is a crucial step towards ensuring that children’s safety, not the automatic assumption of contact, is the starting point in every case?
Matt Bishop
I completely agree. Children must never be used as a tool through which abuse can continue after separation.
Removing the presumption also sends a clear message that children’s safety and wellbeing must always come first. Reforms of this scale will rightly be scrutinised as the Bill progresses, but the alternative—doing nothing—is simply not acceptable. Without reform, the backlog will grow, victims will continue to wait and confidence in our justice system will continue to erode.
Justice is the foundation of public confidence in this country. When victims lose faith in the system, the rule of law itself begins to weaken. This Bill is about restoring the faith and ensuring that when victims come forward, the justice system is ready to stand behind them. For that reason, I am pleased to support the Bill today.
Sally Jameson
I completely agree. Whether they will be found innocent or guilty, people are entitled to their day in court, and within a reasonable amount of time, as are the victims who need to have their cases heard. Frankly, that also allows prisons to get on with the important work of punishing those who are guilty and focusing on rehabilitation.
I want to take the opportunity of this Bill to push for a further reform of courts policy—I know the Minister is aware of this issue. I understand the reasons it is not in the Bill, but there was a particular case in my constituency. Somebody arrived for their day in court and ready for their trial, but because one of the jurors went sick, the judge decided it would not go ahead, even though the minimum number of jurors was available. They had to wait for a new trial date, which was many months later and, sadly, in the time they were waiting, the defendant—the perpetrator—died. In that case, justice delayed really was justice denied. Will the Minister meet me at another time to discuss whether there can be, if not a legislative change, a policy change on the expectation on judges to carry out trials when the minimum number of jurors is in attendance, unless there are exceptional circumstances?
Kirith Entwistle
I recently met judges in Bolton who spoke about issues with prisoner transportation that are also causing serious delays. Does my hon. Friend agree that we should also look at that as a means of speeding things up and improving efficiency?
Sally Jameson
Yes, as someone who was regularly held back from going on my dinner break because we were waiting for prisoner transportation, I would always welcome further improvement of prisoner transportation. I am all for that.
To close, we are not the first Government to change the threshold for jury trials, and because of the scale of the crisis we face, the circumstances demand that we must do so again. I am backing this whole package of reforms, because I know from my constituents that they want a courts system that delivers timely justice, supports victims and, frankly, allows them to move on with their lives. The alternative—and I think it is important that we explore the alternative—is that we manage the slow decline of our courts and watch victims walk away and public confidence drain away. We can modernise the system so that justice is delivered swiftly, fairly and for everyone, and that is what I choose today.
Dr Tidball
I do indeed. In combination with the provisions in the Bill to effect structural reform, to stop criminals from gaming the system and to triage trials effectively, such measures will embed a child-centred and victim-centred approach in the courts.
Kirith Entwistle
I commend my hon. Friend on her exemplary campaigning on behalf of her constituent Claire Throssell. Does she agree that it is not right that rape victims are waiting 400 days to be heard?
Dr Tidball
I do indeed agree with my hon. Friend.
When Jack and Paul died, Claire promised them that no more children should lose their lives like they did, at the hands of an abusive parent. When I first met Claire, I told her that if I was elected, I would do all I could to help her. That was in 2023. On the 11th anniversary of the boys’ death, in October last year, I took Claire to No. 10 Downing Street to meet the Prime Minister—the first Prime Minister to personally commit to fulfil Claire’s promise to her beautiful boys.
I ask this House to vote for the Bill today, so that we can collectively fulfil Claire’s promise to her sons Jack and Paul; so that children like Jack and Paul are listened to, not ignored; and so that no more towns like mine are left to grieve. I urge this House to make that world a reality and support the Bill.
(7 months, 2 weeks ago)
Commons Chamber
Jake Richards
Yes. Legal aid is vital, and the right to legal aid is important. The Government understand that right and will continue to look at it. There are financial constraints, which we are all aware of, but legal aid is very important. We have made certain commitments with regard to employment tribunals, and we will continue to look at that over the coming months.
Amendment 7 would remove clause 20 regarding changes to be made to the release of certain offenders. Let us start with the most basic promise of our justice system. When offenders are caught who pose a risk to the public, we ensure that there is capacity in our prisons for them to serve a custodial sentence. It sounds straightforward and a fundamental tenet of the social contract, but that is what was damaged and broken by the Tory Government. In July last year our prisons were essentially full, and the Government disgracefully could not fulfil that most basic promise to the British people. The Conservatives should be ashamed of themselves for the lawless disorder they caused.
The changes that the Bill makes are necessary to stabilise our prison system. There is no alternative. What have heard from Opposition Members, carping from the sidelines, are wholly unserious proposals. Reform UK say that we should build paperweight temporary prisons. Portacabins holding hardened criminals in our backyards? No thank you.
Let me clear: that would place the public at serious risk of harm. We cannot simply rustle up a secure setting to incarcerate dangerous offenders. This Government are building more prison places than we have seen for over 100 years. Following the changes to be brought in by this Bill, there will still be more criminals in prison than ever before—2,000 more by 2029 than there are now. On the other hand, Reform has no serious plans to keep our communities safe.
The Tory position is even more absurd, if that is possible. Last week the shadow Minister began to apologise for the legacy that the Conservatives left behind in our prisons. He said that if he had been Prime Minister or Chancellor it would not have happened. We had five Tory Prime Ministers and seven Chancellors in 14 years. I am not sure that giving another one a go would have made the difference. Meanwhile the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), says, “Deport more foreign offenders. That will solve it all.” Completely unserious.
Under this Government, deportation of foreign national offenders is up by 14%. We have accelerated decision making on deportation, which can now happen when 30% of the sentence has been served. That is something that the Tories never did. Because of this legislation, we can go even further and deport a foreign offender immediately upon sentencing. These are practical measures from a Labour Government who are cleaning up the Tory mess.
Kirith Entwistle (Bolton North East) (Lab)
My father is a retired senior prison officer, and I know at first hand the devastation that 14 years of the Tories brought on our prison system. Does the Minister agree that it is incumbent on us as a Government to clean up the mess they left and fix the system urgently through reforms?
Jake Richards
I thank my hon. Friend’s father for his service. Prison officers across the country do a brilliant and important job. My hon. Friend is absolutely right; I have sat through hours of this debate over the last few weeks, and while it has been important, the crowing from the Tories is galling considering the legacy that they left behind.
This Labour Government faced a crisis when we came into power last summer. The Tories had left our prison system on the brink of collapse, and lawless chaos was on the verge of breaking out. We took action, with plans to build 14,000 prison places—the biggest prison-building programme since the Victorian era—and 2,500 places in our first year, compared to just 500 places that were built during 14 years of the Conservative Government.
(8 months, 3 weeks ago)
Commons Chamber
Jake Richards
I will be talking with colleagues in the Department of Health and Social Care on exactly that issue and on tackling reoffending, making sure that there is treatment in prisons so that prisoners are rehabilitated. The sole focus of this Government is on stopping reoffending and cutting crime, and that means working with prisoners. There is also the Sentencing Bill, and I hope that my hon. Friend will contribute to the debate on that today.
Kirith Entwistle (Bolton North East) (Lab)
It is vital that victims feel supported at court. The Ministry of Justice funds the national witness service, which provides support on the day of trial, and independent sexual violence advocates can accompany victims while they are in the courtroom. Pre-trial, victims can receive support from victim liaison officers or from the MOJ-funded victim support services, and that is available throughout their criminal justice journey.
Kirith Entwistle
May I welcome our new Minister and Justice Secretary to their places? I have heard far too many stories from constituents who have endured sexual violence and rape. They tell me how isolating and intimidating the court system can feel and how difficult it can be to get the support they need. Will the Minister reassure me and those constituents that this Government are doing everything they can to ensure that victims and survivors of rape and sexual violence are supported in a timely manner?
I thank my hon. Friend for that important question. She is a tireless advocate for all victims of violence against women and girls. She will know that this Government are committed to supporting those victims in court through measures such as section 28, the witness service and our victim liaison officers. To further support victims, the Ministry of Justice also funds support services such as independent sexual violence advocates and independent domestic violence advocates. We are also committed to introducing free, independent legal advisers for victims of adult rape across England and Wales, and I hope to announce more on that measure soon.
(1 year ago)
Commons Chamber
Kirith Entwistle (Bolton North East) (Lab)
I declare an interest, as a member of the Women and Equalities Committee.
Today marks a defining moment—a moment when we finally put victims at the heart of our justice system. For countless people in Bolton, that moment is long overdue. I am proud to support the Bill: proud because it empowers judges to compel offenders to attend their sentencing so that no victim is left speaking into a void; proud because it finally—finally!—removes parental rights from child sex offenders, something that I can hardly believe we are doing only now, in 2025; proud because it gives real power to the Victims’ Commissioner to demand answers, scrutinise the system and drive change; and proud because it will speed up justice and tear down needless barriers. Survivors deserve a system that works for them, not against them.
From conversations on doorsteps and from constituency surgeries, I know that far too many of my constituents have experienced domestic abuse and coercive control. That is why I have been working with those at Bolton’s frontline organisations, including Fortalice and Endeavour, who understand what is at stake and the difference that the Bill will make. Fortalice provides refuge and support for domestic abuse survivors. Its chief executive, Gill Smallwood, told me that it had received more than 400 referrals since January alone, and that the Bill would finally deliver the change that victims need. Gill told me that, right now, victims are left in the dark about bail conditions or release dates. The Bill will change that: it will allow victims, finally, to be kept informed by enabling them to nominate a trusted professional to receive updates, and to access information through a dedicated helpline.
Endeavour, another local charity, supports high-risk young people, black and minoritised survivors, and older victims. Its chief executive, Jill Caldwell, told me of a woman who had had to flee her home, job and support network, simply because she had not been told that her abuser had been released. The Bill would have prevented that. By guaranteeing victims the right to up-to-date information, we are ending uncertainty and removing the burden on victims to constantly chase, ask, call and email for updates. We are saying, “You deserve to know; you deserve to be safe; you deserve to be heard and to be reassured at a time of complete uncertainty, when you have already endured so much.”
The Bill is ambitious, but my constituents in Bolton need it to go further. Right now, 82% of domestic abuse victims never report the abuse, not because nothing happened but because they fear they will not be believed, and for those who do, the courtroom can become a second site of trauma. Time and again, constituents have told me about the misuse of “bad character” evidence, when a survivor’s past is wilfully distorted to discredit that person. That is not justice; it is re-victimisation. The Bill must change evidence standards so that no survivor’s trauma is ever twisted into testimony against them.
The Bill also gives us a long overdue chance to fix the way in which domestic abuse is handled in the family court system. I urge the ministerial team to go further, and to strengthen protections for the children of abusers. Survivors in my constituency are still forced into contact with abusers who intentionally exploit the legal process to maintain control. We know that the family court system was not built to withstand this kind of manipulation, and that abusers have learnt exactly how to weaponise that—and win. The Children and Family Court Advisory and Support Service—CAFCASS—relies on outdated, prejudiced views of what a family should look like, prioritising contact with both parents even when one has a proven history of domestic abuse. This antiquated policy prioritises the family unit over the child’s best interests, even when the cost is the child’s trust, stability and wellbeing, so the Bill must go further.
Finally, the Bill can end a quiet injustice: the punishing of women simply for surviving abuse.
I am proud that this Labour Government are putting power back into the hands of victims, and I fully support the Bill.
(1 year, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Kirith Entwistle (Bolton North East) (Lab)
I beg to move,
That this House has considered the matter of tackling image-based abuse.
It is a pleasure to serve under your chairship, Mr Vickers. I declare an interest as a member of the Women and Equalities Committee. I am bringing this motion before the House to maintain the steady pressure from campaigners and parliamentarians on an issue that is both urgent and often neglected: image-based sexual abuse, which is a form of violence that overwhelmingly affects women and girls.
Today, I aim to shed light on where our legislation on image-based sexual abuse is falling short and to propose three reforms that this Labour Government can deliver. This will build on the fine work conducted by Members across the House—including the Minister for safeguarding and violence against women and girls, my hon. Friend the Member for Birmingham Yardley (Jess Phillips); Madam Deputy Speaker, the right hon. Member for Romsey and Southampton North (Caroline Nokes); the hon. Member for Gosport (Dame Caroline Dinenage) and current and previous members of the Women and Equalities Committee—as well as Members of the other place.
Image-based sexual abuse encompasses a wide range of violations, from digitally altered images such as deepfakes to invasive acts such as upskirting, downblousing and so-called revenge porn. In an increasingly digital world, this abuse—this violence—is an escalating crisis.
I commend the hon. Lady. This is a massive issue in my constituency, and that is why we are all here to support her. The Safeguarding Board for Northern Ireland has revealed that 96% of deepfakes surveyed online were non-consensual pornographic materials, and 70% of targets were private individuals’ photos that had been harvested from social media. Does she agree that more must be done in schools to make young people aware of the dangers and risks that come with sharing private content online?
Kirith Entwistle
Yes, that is an important point. It goes to show the extent and the seriousness of the issue.
Drawing on two powerful accounts that have profoundly shaped my own perspective, I will highlight the three glaring flaws that we must confront. The first is the failure to ensure the permanent removal of abusive content, which leaves survivors chained to their trauma. The second is the weak regulatory enforcement that allows platforms to shrug off their responsibilities. The third is the lack of civil remedies for survivors, a lifeline that we know to be critical to restoring dignity, control and hope.
I will not have the space today to discuss how we can prevent online violence against women and girls by embedding it into the relationships, sex and health education curriculum, to which the hon. Member for Strangford (Jim Shannon) alluded, or how proceeds from the digital services tax and Ofcom fines could sustainably fund lifesaving support services for victims. However, those issues loom large in the debate.
I am grateful that the Minister for victims, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), is present. I look forward to hearing how tackling image-based abuse aligns with this Government’s unprecedented commitment to halving violence against women and girls. I also hope to hear from the Secretary of State for Science, Innovation and Technology on these issues. In the UK, we face an escalating crisis of image-based sexual abuse. Every week, new victims emerge and women and girls lose their right to control their most intimate images.
Luke Myer (Middlesbrough South and East Cleveland) (Lab)
So many young women are having their life destroyed by the proliferation of deepfakes and AI-enabled images. Does my hon. Friend agree that the Bill introduced by Baroness Owen—the Non-Consensual Sexually Explicit Images and Videos (Offences) Bill—would go some way towards addressing the issue, and that the Government should look favourably on it?
Kirith Entwistle
My hon. Friend raises an important point. I will come on to that important Bill. I know that Baroness Owen has already done a great deal of work on the issue.
In 2023 alone, the Revenge Porn Helpline reported nearly 19,000 cases of abuse, a staggering increase from just 1,600 cases in 2019. Deepfake-related abuse has surged by 400% since 2017, with over 99% of these vile creations targeting women and girls. The numbers are shocking, but they are more than statistics. Behind each one is a life and a human story—another innocent person whose confidence, relationships and sense of safety is shattered. Survivors often describe their experience as digital rape, a term that captures the intensely personal and profoundly scarring nature of this violation.
Just two weeks ago, the escalating crisis hit home in my constituency of Bolton North East with the case of Hugh Nelson, who was sentenced at Bolton Crown court to 18 years in prison for creating and distributing depraved sexual images using artificial intelligence. Detective Chief Inspector Jen Tattersall of Greater Manchester police described Nelson as
“an extremely dangerous man who thought he could get away with what he was doing by using modern technology.”
Yet Nelson’s sentencing is something of an exception. Too many perpetrators remain beyond the reach of justice, shielded by gaps in our legal framework. This reality raises a question: has our response truly kept pace with the escalating scale of this crisis? Are we really doing all we can to support victims and survivors?
My hon. Friend is making an excellent case on this important subject. I was deeply shocked to learn from Refuge that, in some cases, reports of intimate image abuse are not being taken seriously by the police force. Does my hon. Friend agree that it is essential for police officers to receive consistent, comprehensive training on internet image abuse so that they understand how the law can further protect women and girls?
Kirith Entwistle
Yes, training would be exceptionally valuable in combating the issue. I look forward to hearing what the Minister has to say.
Kirith Entwistle
My hon. Friend raises an important point. We should absolutely be putting victims at the heart of any legislation on this topic.
I do not believe that in their 14 years the previous Government did anywhere near enough to tackle the issue. I can already see the Labour Government taking decisive steps to change the answer to the question of whether we are doing enough. I welcome the Government’s manifesto commitment to ban the creation of sexually explicit deepfakes, an essential step in safeguarding women and girls from malicious technology. I am encouraged by the collaborative work under way among the Department for Science, Innovation and Technology, the Home Office and the Ministry of Justice to identify a legislative vehicle to ensure that those who create these images without consent are held accountable. I am also pleased that new changes to the Online Safety Act will make image-based abuse a priority offence.
Although those are positive steps, they represent only modest progress. As experts such as End Violence Against Women and the #NotYourPorn campaign have pointed out, sharing intimate images without consent was already prioritised under the Online Safety Act. So far, the changes under this Government have been merely administrative and merely incremental. Having listened to survivors of image-based abuse, I urge the Minister to agree that this is no time for incremental change.
Georgia Harrison is a courageous campaigner who shared her story with the Women and Equalities Committee. Georgia’s images were distributed without her consent, leading to years of harassment, scrutiny and anguish. Even after her abuser was convicted, Georgia continued to see her images circulate online—a haunting reminder that, as she has stated, her life will never be the same again.
Another survivor is “Jodie”, who bravely spoke to the BBC about the trauma of being deepfaked by someone she once considered her best friend. Jodie discovered that images from her private Instagram account had been overlaid on pornographic material and posted across Reddit and other forums, with users invited to rate her body. Jodie endured this abuse for five years. She recalls:
“I felt alone. The emotional toll was enormous. There were points I was crying so much I burst the blood vessels in my eyes. I couldn’t sleep and when I did, I had nightmares.”
In Jodie’s case, the perpetrator was asking others to create explicit images of her, revealing a shameful grey area in our current legislation. That is why Jodie, along with campaign partners the End Violence Against Women coalition, Glamour and #NotYourPorn, is calling for an image-based abuse law.
Speaking as a mother, I cannot imagine having my child endure such horror. I am grateful that Baroness Owen of Alderley Edge has introduced a private Member’s Bill in the other place to address this gap. She has done a great deal of work on the issue, keeping victims like Georgia and Jodie at the heart of her Bill.
Georgia and Jodie’s experiences underscore three critical flaws in the Online Safety Act. The first is the glaring failure to criminalise abusive images themselves. Georgia’s story illustrates this brutal oversight: despite her abuser’s conviction, the absence of a stay-down provision allows her images still to circulate online, forcing her to relive the trauma with each resurfacing. To quote Professor Clare McGlynn,
“every day these images remain online is another day of extreme suffering for victims.”
Survivors deserve certainty that once their abuse is addressed, it is addressed permanently.
A second flaw in the Act is its reliance on Ofcom, whose current enforcement powers lack the agility and speed needed for an online world in which, if one website is blocked, another can appear instantly. Initiatives such as the StopNCII.org campaign have revealed how social media platforms consistently outmanoeuvre Ofcom. This is effectively leaving tech giants to determine whether supporting survivors like Georgia serves their profit-driven interests. To close the enforcement gaps, I stand with the End Violence Against Women coalition, Glitch and others in calling for a national online abuse commission —a dedicated body to champion the rights of victims and survivors of online abuse.
Finally, our legislation fails survivors by denying them accessible civil remedies—such as immediate take-downs and compensation for emotional harm—outside the criminal process. For survivors such as Jodie who have endured years of abuse, the inability to seek swift relief without a lengthy, retraumatising trial is a devastating gap. Creating a statutory civil offence for image-based abuse would not only empower survivors to seek redress directly against perpetrators and platforms, but give them that all-important second chance. The Minister will know that organisations such as South West Grid for Learning and the UK Safer Internet Centre consider civil remedies as much-needed lifelines for survivors. I wholeheartedly agree.
Today, through Georgia and Jodie’s stories, we have seen the devastating cost of our inaction on the escalating, ever-evolving crisis of image-based abuse. For too long, our legislation has had three glaring deficiencies: the absence of a stay-down provision, the lack of an online abuse commission and the unavailability of civil remedies.
Returning to my earlier questions, I want to be able to tell survivors that this Government are doing everything possible to support them. I want to reassure them that our Ministers are responding in real time to the scale and urgency of the crisis. With every day we delay, more women and girls are thrust into cycles of harm without the protections that they urgently need and deserve. I look forward to hearing from the Minister exactly how we will deliver this assurance. I would also be grateful if I could discuss the matter further with the Secretary of State for Science, Innovation and Technology at the earliest opportunity.
Let us not wait another day to act. Survivors need real action, not just incremental change. We owe it to Georgia, Jodie and all those who have suffered.