Courts and Tribunals Bill (Second sitting) Debate

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Department: Ministry of Justice
None Portrait The Chair
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Matt, do you have a quick question?

Matt Bishop Portrait Matt Bishop (Forest of Dean) (Lab)
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I will keep it quick. I think we all agree that victims are very brave, and we know that the delays are having a massive effect on them. I think we all agree, too, that the measures in the Bill will reduce timescales—

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Jess Brown-Fuller Portrait Jess Brown-Fuller
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Q Thank you, Claire. Can I just acknowledge that children who are yet to go through the family courts are safer because of you and your tireless campaigning over many years? I hope you can hold that close as you go on. I believe that all campaigners like you, who never fight for themselves, are fighting for the next generation—the job is never done. My question to you is: what is the next step? What would you like to see in legislation going forward, especially in our family courts, to protect more children from harm?

Claire Throssell: What I would like to see moving forward is an understanding of what it looks like without presumption of contact; what good practice looks like; understanding trauma; understanding what coercive control is; understanding emotional abuse. We all understand physical abuse—it is there; we see it. What we do not understand is the emotional abuse and the scars that we carry. We must always look from the position of actually seeing a child, hearing a child, believing a child, protecting a child, and we must go from this basis. We must use the legislation that we have in the Domestic Abuse Act. We know that it is not being used in courts. We must see children as victims in their own right of this crime. We must accept children as victims in their own right of this crime, and we must take away the fact that we are always trying to prove the crime that has been committed against us.

Domestic abuse is a crime, so why is it that when we go into family courts we are ripped apart by barristers? Why is it that a crime has been committed against us, but we are always the ones who have to prove it has been committed, and by whom? Why do we have to go into a court, when we have committed no crime, and stand up and be humiliated in order to fight for our children? Why do we have to do that alone?

With any other crime, the onus is on the police to prove that a crime has been committed and by whom, and then sentencing is carried out accordingly, but in a family court, the person who has had the crime committed against them time and again has to prove that that has happened. We are not believed automatically, and we are not supported automatically. There should be special measures in family courts to help see the child, like in the Pathfinder courts, but it is not just about seeing the child; it is about hearing them, believing them, supporting them, and letting perpetrators of abuse know that it will not be accepted and that we are going to take action, protect that child and always presume the unthinkable.

Matt Bishop Portrait Matt Bishop
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Q It is good to see you again, Claire. I echo everyone else’s comments about your very powerful evidence. You will remember that the last time you attended a debate in the Chamber, certain Opposition Members commented—we have heard comments and suggestions even today—that sometimes mistakes happen and both parents should have the right to their children at all times, but do you agree that this is an opportunity, and that the Government and, in fact, all parliamentarians should be doing everything we can to make sure that the 68 does not go to 69? I would rather that we make a mistake and the child survives than make a mistake where a child dies. Do you agree?

Claire Throssell: Absolutely—I agree with that 100%. It comes back to the fact that we must not presume that children are safe. We must not presume that children are not going to lose their lives, because perpetrators of abuse manipulate, they lie, they turn it around and they use DARVO—everything is always everybody else’s fault, and their voice is always louder than the child’s. You have an opportunity now to change that. You have the opportunity to make sure that no other child has to use their voice and say to a fireman, a police officer or a doctor, “My dad did this, and he did it on purpose.” No other boy should have to have a dying testimony and believe that he saved the life of his brother, because I never told him differently. Mistakes are not good enough. Sixty-eight mistakes is a national disgrace, and in 2026, there should be no more.

Siân Berry Portrait Siân Berry
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Q Thank you so much, Claire; it has been really powerful to hear from you. I have heard from a constituent who has a close family member going through all of this, and she has been advised by solicitors to avoid the family court at all costs, describing the potential outcomes as a “lottery” and talking about very patchy training and understanding. Would you back my constituent up on those conclusions?

Claire Throssell: Yes, I do back that up. Judges do need training. They are hiding behind the fact that they are independent. They should be independent—they are the law of the land—but they should not be above the laws that they serve, and they do need training. They do need understanding. Like I say, the court is another arena; it is a secondary abuser. We go through the abuse, we take the courage to leave—that is not easy—and we enter a court system where we think, “This is going to be fair; this is going to be just.” We go into these arenas, and there are no guarantees that we can protect our children. We are ripped apart, and our personalities—we go through trauma. We tell people the same thing again and again, but we are not seen, heard, believed or supported.

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Jess Brown-Fuller Portrait Jess Brown-Fuller
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Q Thank you for being here. Your police officers are at the coalface. They often experience these adjournments and see victims let down at the final hurdle when they are about to have their day in court. What is your assessment of why cases are so often adjourned in our Crown courts?

Chief Constable Hatchett: I think there are multiple reasons. There are people who are far better qualified to give you evidence on that; undoubtedly you will have spoken to defence lawyers and the Crown Prosecution Service, who can probably give you some really good evidence.

There are a whole host of reasons why cases are adjourned. Sometimes it is evidence, sometimes it is witnesses and victims, sometimes it is disclosure, sometimes it is court time—the reasons are multiple, but ultimately victims and witnesses are suffering as a consequence. My witness care units then have to pick up the conversations with those victims and witnesses to prepare them, hoping to keep them on board and confident enough in the criminal justice system to give evidence at a future date.

Matt Bishop Portrait Matt Bishop
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Q Thank you for being here, Chief Constable. Before I ask my question, I should declare that I worked as a serving officer for three police forces across the country.

Chief Constable Hatchett: Respect.

Matt Bishop Portrait Matt Bishop
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Thank you, and thank you for your service. My question is about the morale and mental health of police officers, as you might expect. It is not to the same level as victims, but with the inevitable delays is there a risk of retraumatising the police officers who have to look at evidence of the most heinous crimes years down the line and give statements at each court case? Is there a risk that police officers’ mental health is being affected as well?

Chief Constable Hatchett: Police officers are particularly challenged with the caseloads. Not only are you are dealing with the cases that you are investigating that day, but you have the cases that are in the system that need reinvestigation and rework. Caseload work is challenging and tough for some of our officers. Lots of work is being done on the wellbeing of officers, in terms of trauma and the types of case that they deal with, and on how police forces can get better. Forces are working with lots of people to make sure that the support is there for police officers.

It is not an easy job. You know that it is not an easy job. Day in, day out, we deal with people in crisis. Our focus has to be on victims and on keeping people safer from harm. That is absolutely where our officers are, but the caseload and the work that is generated by delays in the system do affect our officers.

None Portrait The Chair
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We have one minute left.