Domestic Abuse Victims in Family Law Courts

Debate between Madeleine Moon and Maria Miller

Thursday 15th September 2016 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

I would very much like to pay tribute to the hon. Member for Penistone and Stocksbridge (Angela Smith), whose powerful testimony really set the context of this debate. I thank the Backbench Business Committee for granting the debate, and Women’s Aid for its tireless work in championing the rights of domestic abuse victims.

The basis for this debate is the findings of the Women’s Aid report, which are very disturbing indeed. The Government and the judiciary have to listen and act. Every single recommendation in the report needs to be considered. Further child deaths, such as those in the tragic case that we have just heard about, have to be prevented. The courts need to challenge themselves on their attitudes, their culture, and their practices in all domestic violence cases. We have to be clear that priority should be given to tackling domestic abuse. I think that the Government feel that it is a priority—and they have not only spoken, but acted. Coercive control is now an offence under the Serious Crime Act 2015. It is important that, as is recommended in the report, all members of the family court, the judiciary and the Children and Family Court Advisory and Support Service have specialist training so that they understand the reality of what that new law means.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Does the right hon. Lady agree that sometimes family courts mistake fathers’ persistence over access, and their going through the courts time and again, for their taking an interest in their children, when it is intimidation and bullying of their former partner? Frighteningly, in my constituency, I have had a CAFCASS worker tell children who were afraid of their father and did not want to visit him that if they did not go, their mother would be in deep trouble, so they had to go and see him. That is shocking behaviour from any professional.

[Mrs Miller]

The hon. Lady makes a powerful point, and she is right to pick up on the complexities of coercive control. None of us should underestimate how difficult it will be for professionals truly to understand the complexities of this behaviour, but understand it they must if we are to make sure that the law is put into practice.

The House has thought long and hard about the other ways in which the Government have shown their commitment to tackling domestic violence. In particular, the Government have supported the Istanbul convention, which sets out a clear commitment to tackling domestic violence through legislation, training, and awareness-raising campaigns such as “This is abuse”. I applaud them for signing up to the convention, but when he responds, will the Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), clarify when the Istanbul convention will be ratified—not just by the UK, but by other countries, such as Germany, Norway and Ireland, which, although signatories, are not ratifying the treaty? That would be an important statement of the fact that combating violence against women and domestic violence needs to be on all Governments’ agendas. We need that ratification as a way of making sure that that message is sent out, both to members of the Council of Europe and to non-members.

To tackle domestic abuse, we need victims to feel confident in our legal system, and confident that reports made will be successfully taken forward to prosecution. Those who have been abused should feel safe in making those reports. That is why I want to make two points. The first is that the Government need to be clear, and perhaps reiterate in this debate, that they support legal aid remaining in place for victims of domestic abuse and child abuse. Perhaps the Minister can update us on the Government’s work in that area, and particularly around the domestic violence gateway, which requires victims to provide objective evidence of abuse to qualify for legal aid. Ministers have made their intentions clear, in terms of the support that should be there, but in practice, some women have found it difficult to get the prescribed forms of evidence that are required in order to access the gateway. The Ministry of Justice has a review of the domestic violence gateway under way. Perhaps the Minister can say a little bit more about where we are with that review, which was urgently needed.

The all-party parliamentary group on domestic violence, of which I am vice-chair and the hon. Member for Birmingham, Yardley (Jess Phillips) is chair, has looked at the impact of court proceedings on women and children. I draw the House’s attention to our recent report, which followed a number of parliamentary hearings in which we heard from expert witnesses and individuals with personal experience of the family court system. We heard in evidence that more victims—not just women but children—are now being cross-examined by perpetrators of abuse in family court proceedings. Women’s Aid estimates that one in four women are directly questioned by a perpetrator, and the same can happen to children.

Victims should be protected when giving evidence in court. Few Members in this place can be content to see alleged abusers cross-examine those affected by domestic violence. This has to be re-examined urgently. We need to put an end to survivors of domestic abuse being cross-examined by their alleged abusers in court.

My second point is on special measures, which have already been mentioned in an intervention. In our all-party parliamentary group hearings, we heard evidence about the traumatic impact on survivors of domestic abuse of coming face to face with the perpetrator in court, yet half of all women who experience domestic violence and use the family court system have no specific protection measures available to them when they attend court. As a result, more than one in three have been verbally or physically abused by their former partner in court buildings. I find those figures shocking, given the nature of the crimes and the situations that we are talking about.

I welcome today’s announcement by my right hon. Friend the Lord Chancellor of additional support for vulnerable witnesses. My understanding is that victims of domestic abuse are treated as vulnerable witnesses. I hope that the Under-Secretary will confirm that those very welcome announcements will cover those who have suffered domestic abuse and violence. Specifically, an increase has been announced in the number of locations where victims and witnesses can give evidence remotely. Even more welcome are the measures allowing the pre-recording of evidence from 2017. Those measures are a real step forward, but we need to make sure that they are available not just to some victims, but to all. I am sure that Members of the House would want those reassurances today, because we need all the family courts to give witnesses and victims the support that they need. Two other important special measures in family courts are the ability to give victims and witnesses separate waiting rooms, and their ability to leave the court by separate exits. That is particularly vital for women living in refuges.

It is clear that family courts are regularly not protecting women and children in the way that we all want them to, and the way that the Government want them to. We need an end to the cross-examination of survivors of domestic violence by their alleged abusers. We need assurances that special measures will routinely be available in family court proceedings.

Press Regulation

Debate between Madeleine Moon and Maria Miller

Wednesday 13th February 2013 Commons Chamber

[Maria Miller]

My hon. Friend will know that the editors’ code already sets out clear provisions to achieve that. The new approach that Lord Justice Leveson has proposed would underline the importance of the culture of the press. We are working swiftly to make sure that that is put in place, and by implementing a royal charter to put in place a verification body we can do that an awful lot more swiftly than through a Bill that would go through Parliament.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Public trust, both in the media and in this House, is the big issue that is to be discussed in relation to Leveson. How can the public trust that what is coming from Government is not a political compromise, rather than something that will protect the public from the abuse that they have faced in the past?

[Maria Miller]

The very clear assurance that I can give the hon. Lady is the assurance that the Prime Minister gave on 29 November, that we agree in full with the Leveson principles and are taking them forward. I find it difficult to believe that anybody would think that the press facing £1 million fines or, if publications are not part of the self-regulatory body, exemplary damages, is anything other than the toughest form of regulation that this country has ever seen and among the toughest in the western world.

Oral Answers to Questions

Debate between Madeleine Moon and Maria Miller

Thursday 2nd December 2010 Commons Chamber

[Maria Miller]

As my hon. Friend says, we have made a commitment as part of our coalition document to support more disabled people who want to become MPs, councillors or elected officials. We are currently looking at the detail of how best to do that. We will put forward proposals shortly, drawing on the cross-party Speaker’s Conference evidence, which has been very useful.

[Mrs Madeleine Moon (Bridgend) (Lab)]

6. What steps she has taken to increase protection from domestic violence for women.