Domestic Abuse Victims and Family Courts

Lucy Frazer Excerpts

Wednesday 18th July 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I thank the hon. Member for Birmingham, Yardley (Jess Phillips) for securing the debate. Like other hon. Members, I pay tribute to the huge amount that she has done to protect victims of domestic abuse—not only the work that she has done as an MP, which includes chairing the all-party parliamentary group on domestic violence, but what she did before she was elected, in working for a charity supporting victims of domestic and sexual abuse.

We all know, and have heard today, that domestic abuse has devastating effects. I heard about some of those when I attended a meeting of the APPG at which a victim gave evidence anonymously about her experience. Since I have been a Justice Minister, MPs have come to me to share their constituents’ experiences of domestic abuse. I am pleased to have had the opportunity both to discuss those concerns with experts such as Katie Ghose from Women’s Aid and Jo Todd from Respect and to hear about domestic abuse victims’ experiences of court from professionals in the courts, such as Her Honour Judge Rachel Karp, and academics such as Rosemary Hunter.

The Government are committed to tackling domestic abuse—dealing with abusive behaviour and improving support for victims. We want to do more to protect and empower victims, communities and professionals to confront and challenge domestic abuse wherever they encounter it. As my hon. Friend the Member for Henley (John Howell) and other hon. Members mentioned, the Government have launched an extensive public consultation on domestic abuse to inform our approach to future reform. We have received more than 3,000 responses, which we are analysing now, ahead of publishing a Government response in the autumn. That will include a domestic abuse Bill, which we hope will further protect victims of domestic abuse.

As the hon. Member for Birmingham, Yardley said, we need to ensure that the court experience supports victims of domestic abuse and is not a forum in which to continue abuse. The Government have already taken a number of measures, to which some hon. Members have referred, to improve the court process. We have made practical changes following work with the senior judiciary. Last November saw the introduction of new rules requiring the court to consider whether those involved in family proceedings are vulnerable and, if so, whether they need assistance, such as a video link or protective screen, to participate or give evidence.

I was disappointed to hear that the experience of the hon. Member for Birmingham, Yardley is that those measures are not working well, because I recently met a family barrister who told me that her experience was that they were working. We do need to keep this under review. Her Majesty’s Courts and Tribunals Service is collecting data, so that we can see how it is operating. We will consider whether we can do more, as we examine consultation responses in due course.

We have also introduced fresh training for family court staff on how to support vulnerable court users—by ensuring that separate waiting rooms or secure entry into and exit from the building are available, for example. The training has now been rolled out across England and Wales. Courts are also preparing local protocols on vulnerable court users, in consultation with their designated family judges. The president of the family division and the Judicial College have also taken steps to improve domestic abuse training for family judges. Issues of domestic abuse continue to be addressed on an ongoing basis as part of the college’s regular training for family judges. I recently visited the courts in Liverpool and was interested to hear from a family judge that he had found the training very helpful.

A further positive development came last October, when the president made changes to the guidance for family judges dealing with applications for child arrangements orders where domestic abuse is alleged. As hon. Members have mentioned, that is practice direction 12J. The revisions included a number of important changes, such as making it clear that family courts should have full regard to the harm caused by domestic abuse and the harm that can be caused to children from witnessing such abuse. The revised practice direction also includes an expanded definition of domestic abuse.

These changes are a positive development. At a roundtable on domestic abuse that I held recently, I heard from family judges and practitioners how they were working. I was asked during the course of this debate whether we can review the practice direction. That is primarily a matter for the judiciary, but I am happy to discuss it with the incoming president of the family court, whom I am meeting tomorrow. I should add that the current President, Sir James Munby, will be retiring shortly. As the hon. Member for Birmingham, Yardley mentioned, he has been a strong advocate for improving support and protections for the vulnerable. I pay tribute to the significant action he has taken in this area.

Many hon. Members mentioned the provision of legal aid. As the hon. Member for Birmingham, Yardley mentioned, we have changed the law to make it easier for victims of domestic abuse to access legal aid and support by reforming the evidence requirements for legal aid in private family cases. The changes included introducing new forms of evidence and removing the time limit previously placed on evidence. We are already seeing a positive effect on the number of victims accessing legal aid. The latest statistics for January to March show that 21% more victims applied for legal aid than in the same quarter last year and there was a record high number of grants. We will continue to monitor those figures.

We have made changes to support victims of domestic abuse, but we need to do more. The hon. Members for Birmingham, Yardley and for Great Grimsby (Melanie Onn) were right to highlight the importance of bringing forward legislation in relation to the cross-examination of domestic abuse victims by their perpetrators. The hon. Member for Birmingham, Yardley has made a powerful case for this for some time and she made it again today. It is right that we get it on the statute book. She has already rightly identified that the Government want to see this legislation on the statute book. The Government remain committed to delivering this as soon as parliamentary time allows.

[Jess Phillips]

Will they introduce it before the recess?

[Lucy Frazer]

The hon. Lady knows that it takes some time to go through parliamentary procedure and it is not possible to do that on Monday or Tuesday next week.

I have also heard concerns about the issue of abusers making repeated applications to the family court, as a means of further abusing their former partners. I recently held a roundtable with judges, academics and others from the legal profession, to discuss this. I also met the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) to discuss the private Member’s Bill she proposed on the matter. The family court does have wide powers to manage such situations, but I am looking again at whether there is more we can do across the system to tackle this issue. We will be examining this as part of the next phase of work on the consultation.

Many hon. Members mentioned important points. My hon. Friend the Member for Henley made interesting points about the recognition society and Government have of the nature of abuse, and that it is not just physical abuse and violence that form domestic abuse. He also discussed the need to see how the courts are operating. I have visited a number of courts already and spoken to a number of judges on a variety of issues. He raised the Istanbul convention, which, he rightly said, the Government have signed and remain committed to ratifying. Some of our measures in the UK, however, go further than the convention requires in some areas.

The hon. Member for Bath (Wera Hobhouse) raised the need for CAFCASS workers to be trained. I should point out that CAFCASS workers do receive comprehensive training. My hon. Friend the Member for Sutton and Cheam (Paul Scully) made a variety of sensible points. He rightly observed that, in a number of areas, the Government have already taken measures, some of which I have referred to. It is important to see how those operate and keep them under review. The hon. Member for Strangford (Jim Shannon) raised the impact of domestic abuse on victims.

I have left to the end the hon. Member for Penistone and Stocksbridge (Angela Smith). She asked a number of questions, one of which was about the scope of the review and whether we will consider options for reform of the family justice system in the consultation that has just closed. I can tell her that that will form part of the consultation exercise. I left her to the end because she mentioned the terrible story of Claire, for whom we all must feel sympathy. I hope that this Government, with the support of hon. Members across the House, continue to bring forward measures to protect women like her, to help support them and ensure that her story is not repeated.

In closing, I hope hon. Members will agree that we have taken positive steps to improve the family justice system and its response to domestic abuse. We need to build on that and deliver further improvements. The domestic abuse consultation and the programme of work that will flow from it provides one way of doing this. I look forward to working collaboratively with hon. Members to take this important work forward.