Domestic Abuse Victims in Family Law Courts

Maria Miller Excerpts

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.

[Mr Jim Cunningham]

Does the right hon. Lady agree that what is really required is some form of witness protection scheme? We had a Bill on that many years ago.

[Mrs Miller]

I understand the point that the hon. Gentleman makes, and that might be appropriate in some cases, but I have to say that many of the people who have spoken to me about this issue simply want these very basic measures in place—things that frankly should be in place already, but are not being given the priority that they need. I know that there are pressures on the court system, and on budgets, but we have to make sure that the courts see this as a priority, and at the moment, we could be forgiven for thinking that they do not.

A third element that I would like to see is proper training for family court staff, particularly on coercive behaviour—an issue that the hon. Member for Bridgend (Mrs Moon) spoke about eloquently. Lastly, but by no means least, there should be expert risk assessments in child contact cases when abuse is involved.

We know that the Government understand the problem. Just three months ago, the Prime Minister said at the Police Federation’s annual conference:

“Victims of abuse are still being let down”.

Improvements such as those announced today are welcome, but the change in culture is still not complete. We need the Lord Chancellor, the Under-Secretary—who is here today—my right hon. Friend the Home Secretary and the Prime Minister to continue to put this issue at the top of the Government’s agenda, because we need to tackle domestic abuse. We need to tackle the sort of tragic cases that the hon. Member for Penistone and Stocksbridge mentioned in opening the debate. I hope that this debate will help to ensure that the issue continues to be at the top of the Government’s agenda for the rest of the Parliament.