Domestic Abuse Victims in Family Law Courts

Paul Scully Excerpts

Thursday 15th September 2016 Commons Chamber

[Paul Scully (Sutton and Cheam) (Con)]

I congratulate the hon. Member for Penistone and Stocksbridge (Angela Smith) on securing this debate, which I am happy to support, and for her incredibly powerful opening speech. It was a fantastic job to put that on the record. I congratulate Women’s Aid for its important and hard-hitting report, “Nineteen Child Homicides”, which makes for difficult reading. It is always difficult to hear such examples, but hear them we must. The individual cases show that domestic abuse is not just an abstract issue. The lives of 19 real children were cut short, another two children were seriously harmed, three mothers were killed, seven fathers subsequently committed suicide, and four fathers were convicted and imprisoned. Many more people are likely to have been directly touched by these tragic events—siblings, grandparents, surviving wives, family and friends. All those men were known to agencies. Eleven of the 12 men were known to the police as well.

A number of constituents have approached me about their custody cases. Some mothers were unhappy, some fathers felt that they had been treated badly, and grandparents felt unable to get a look-in. Whatever the rights and wrongs of those individual cases, it is clear that the right thing to do is to put the child first, at the centre of decision making.

There are many examples of good practice in family courts, including at my closest court in Croydon, but as we have heard, there is much more that can be done and lessons to be learned. In a number of cases protective screens, video links, separate waiting rooms and separate entrances are available where appropriate, but as we have heard, that does not always work. The Women’s Aid report details a survey of people who have gone through the family court system, highlighting areas of concern. Some 55% of the women said that they had no access to any protection measures in the court. Extraordinarily, 25% of the women had been cross-examined by their former partner during proceedings, including one woman who described how the man who had raped her, beaten her and abused her over a six-year period interrogated her for three hours in the court. Imagine what that poor lady must have gone through, revisiting all those experiences.

The survey reveals that 39% of the women were verbally or physically abused by their former partner while on the family court estate, 44% reported that the judge granted child contact to the father when they knew that the children had been directly abused by the father, and 76% reported that the judge granted child contact to the father when they knew that the children had witnessed domestic abuse.

I want to touch on two cases. First, I shall add a 20th child to that list—Ellie Butler, who lived her short life in Sutton in my constituency. Her parents met in a club in Sutton in March 2006. Ben Butler had a criminal record including violence, attempted robbery and intimidation of a witness. He also had a conviction for assaulting his former girlfriend. Within weeks, Jennie Gray was pregnant with Ellie.

The first time Butler was left alone with Ellie—when she was just six weeks old—she sustained minor burns to her forehead and hand. Shortly afterwards, when that was brushed off as an accident, Butler again looked after Ellie. That evening, he took her to St Helier Hospital—our local hospital—where she was diagnosed with injuries that suggested she may have been violently shaken. He was arrested on suspicion of grievous bodily harm, and the London Borough of Sutton started proceedings to have Ellie taken into care.

In January 2008, His Honour Judge Atkins found that Butler had been responsible for both sets of injuries and ruled out Ellie’s mother as a long-term carer. In August of that year, he awarded temporary custody to Ellie’s maternal grandparents, Neal and Linda. Butler went to prison, during which time Jennie Gray discovered she was pregnant again and hid the birth from the local authorities. In October 2009, Butler was released on bail and walked free on appeal after three judges ruled that his conviction was unsafe.

However, the quashing of the conviction did not automatically reverse the ruling that the parents were unfit to care for Ellie, so Butler went to war with the authorities, and three years later, Lady Justice Hogg made a decision that was to prove fatal for Ellie: not only did she return Ellie to her parents’ custody—brushing aside convictions, commenting that the violent behaviour that they related to was not directed at children—but went on to write in her judgment:

“It is seldom that I see a ‘happy end’ in public law proceedings. It is a joy for me to oversee the return of a child to her parents.”

Ellie’s grandfather, Neal Gray, was said to have warned her, “You will have blood on your hands,” and how prescient he was.

In addition to the judgment, Lady Justice Hogg made an order that meant that all files held by the authorities should be amended to include a prominent reference to the fact that Butler and Gray had been exonerated of any blame for Ellie’s injuries and, effectively, that they should proactively inform other agencies of Butler’s innocence. What can the agencies make of that? How can they be denied the ability to review what was happening when a clean sheet was restored to these people?

It was not long after Ellie went back that she suffered a broken shoulder. The parents sought no medical help as they sought to hide things from the authorities. Then, in October 2013, Ellie was found dead, at the hands of Ben Butler. The parents concocted a plot to cover up the real cause of death—even sending Ellie’s younger sibling to discover the body as part of the plot.

Ellie’s grandparents had not given up fighting for her. They fought hard for the custody of the two children. Unfortunately, Linda, Ellie’s grandmother, died the day the trial started, but Neil, the grandfather, continues to speak out against the ruling, which led to Sutton Council and other agencies being unable to do their job—and they did do a very good job, but with their hands tied. My heart goes out to Neil and his other grandchild. I was able to catch a moment with the right hon. Member for Carshalton and Wallington (Tom Brake), who has had to leave the debate. Both of us remain open for Neil to approach us, and we would like to support him in any way we can.

Another case is far too close to home for me. It involves someone I know very well, and the situation is ongoing, so I will not be too specific. A few years ago, Anna met someone she later discovered had two children from a previous relationship. The mother and children had ended up going to a refuge—changing their name and moving away secretly. Even though social services were closely involved, he managed to track them down within months by trawling the electoral rolls, among other things.

Anna soon found herself in a very controlling relationship—we have heard about control this afternoon—stripping her away from her family and friends. He used drugs and was violent on occasions. She eventually had a child, but the situation continued to deteriorate, affecting the child’s upbringing and stability. Anna was helped by her partner’s mother eventually to leave and start again on her own, but that was not the end. Anna found a tracker in her car. She was continually harassed and stalked, as were family members. Agencies were aware. The police were aware. She was in and out of police stations to give statements. He would pound on the door at night, jumping over the back fence and smashing the glass to get in the door.

Anna has had to learn so much for herself about the system. Her former partner has a good solicitor, and he knows how to make the best of the system—not for the child, but for the solicitor’s client. She could not apply for a non-molestation order while he was on police bail. When the police were looking to arrest him, her family could not find out whether he was actually detained, because of data protection issues.

The police have Anna on an alert list, with a promised five-minute response time. Unfortunately, the last time, it took 25 minutes. Obviously, we can understand police pressures, but the promise of a response in five minutes or 25 minutes makes all the difference when someone is trying to plan for these eventualities. At least if someone knows that it will be 25 minutes, they can try and deal with that as best they can.

Anna has the support of both families—her own and her partner’s. Her parents discovered that they were grandparents quite a long time after she was stripped from the family. They now have a wonderful, happy grandchild. Anna has become the most amazing mother in the face of such diversity, and her child is thriving. She is lucky: she could easily have found herself on the Women’s Aid list. I am so delighted that she has not, although the matter is nowhere hear closed.

Please let us do more to support the work of the groups associated with Women’s Aid. Let us do more to improve the response for people like Anna and children like Ellie. We cannot let them down. Looking at families, I know how helpless they feel in these cases. I cannot begin to imagine actually being involved at the heart of such abuse, as we heard in the case of Claire. It is really important that the police, the agencies and, of course, the family courts do everything they can—and that we work to make those agencies and family courts work—so that these tragedies cannot happen again.