Domestic Abuse Victims in Family Law Courts

Phillip Lee Excerpts

Thursday 15th September 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

I will not be taking any interventions, in an attempt to get through all the questions that have been asked in this important debate, so I ask hon. Members to forgive me. If I do not answer all of the points raised, I will be writing to hon. Members. Let me begin by thanking the hon. Member for Penistone and Stocksbridge (Angela Smith) and other Members for securing this debate. On a personal level, I believe that she is an impressive Member of Parliament, and her core decency, which was visibly displayed today, came through. I think that is why she is such a valued Member of this House.

I recognise the strength of feeling on the subject of domestic abuse and the importance that hon. Members from all parts of the House attach to addressing it. The more we talk about this issue, the better. I am very grateful for the opportunity to discuss such a pressing issue, not least because in clinical practice I have encountered a number of cases of domestic violence, primarily against women, but I must say that it also affects men—that should be mentioned. I also think it is important that today we have heard contributions from both men and women; this problem blights our society and we are all responsible for sorting it out.

Domestic abuse appals every one of us. As the Prime Minister made clear in the House only last week, tackling such abuse is a priority for the Government. This debate centres on an important report by Women’s Aid, which was published in January and is entitled “Nineteen Child Homicides”. It calls on the Government to review the treatment and experiences of victims of domestic abuse in the family law courts. It examines a number of serious case reviews published in the 10 years up to 2015, all involving children who were killed by their fathers—19 children in total. The fathers in question all had access to their children through formal or informal contact arrangements. At this point, may I mention the story that the hon. Member for Penistone and Stocksbridge vividly described? I gather that the mother, Claire, is here, and the story of the loss of Jack and Paul horrified us all. I am in awe of her courage, not just because she is here today, but because her attempt to find some positive outcome to such an appalling tragedy deserves the respect of us all.

The Women’s Aid report makes for harrowing reading. No child should ever die or live in such dreadful circumstances, and it is incumbent on all of us to consider whether more can be done to prevent such tragedies. The report underlines the need to prioritise the child’s best interest in child contact cases involving domestic abuse, and to make sure that known risks are properly considered. The law is clear on that: the family courts’ overriding duty is the welfare of the child.

In March, the Government launched a new strategy on violence against women and girls. We committed £80 million of funding and set out a comprehensive action plan. The Ministry of Justice is playing a central role. Although there remains much work to be done, we have already made progress. We are working closely with the Home Office to protect victims, including introducing the new offence of coercive control, new stalking laws and domestic violence protection orders.

This year, we allocated around £68 million to police and crime commissioners to support victims of crime, including victims of domestic abuse. Today, we announced our plans to allow vulnerable and intimidated witnesses to be cross-examined earlier in the criminal process through digital recording. As well as improving the quality of evidence provided by such witnesses, this should make the experience of giving evidence less traumatic.

This Government’s work to improve the criminal justice response to domestic abuse is also beginning to bear fruit. Last week, the Crown Prosecution Service reported that the number of prosecutions and convictions for domestic abuse is now at its highest level. More victims are seeing justice.

We in the Ministry of Justice remain committed to working closely with partners the CPS and the Home Office, particularly when responding to domestic abuse, but our role does not end there. The Ministry of Justice is acutely aware of the particular responsibilities of supporting victims of domestic abuse going through the family justice system. The issues at stake in family proceedings are sensitive and often complex, and the courts’ decision can have far-reaching implications for the individuals involved, particularly for children. Domestic abuse only exacerbates an already traumatic situation.

We have therefore taken a number of steps to make sure that victims of domestic abuse who find themselves in the family justice system have the support and the protection that they need: we have protected legal aid for individuals seeking protection from abusers; we are investing in the court estate to improve the physical security of family courts and the emotional support available for users; and we have placed renewed emphasis on training for those who work in the family justice system.

Where arrangements have been found wanting, we have taken action. For example, when the Court of Appeal ruled earlier this year that elements of the evidence requirements for making legal aid available to victims of domestic abuse in private family cases were invalid, we changed the regulations as an interim measure. In parallel, we began work to explore fully the issues at play in these cases. We are determined that victims of domestic abuse should be able to access legal aid when they need it, and we want to understand better the experience of victims in these situations so that we can be sure that we have workable arrangements for the longer term.

Over the summer, we have been working collaboratively with domestic abuse support groups, legal representative bodies and colleagues across Government to gather information on the legal aid evidence requirements. I for one welcome the collaborative approach to this work, and would like to see it adopted on other issues.

We are not complacent. We know that there is room for improvement, and we are working closely with the judiciary in particular to consider what additional protections may be necessary for vulnerable victims and witnesses in the family justice system.

Another important report on domestic abuse and the family justice system was recently published by the all-party parliamentary group on domestic violence. It highlighted a number of issues of concern, which we are now examining carefully.

I was struck by the unfavourable comparison the APPG’s report made between the treatment of domestic abuse in the family justice system and that in the criminal justice system, which has done a great deal in recent years to develop a coherent, system-wide response to the matter. As the hon. and learned Member for Holborn and St Pancras (Keir Starmer) pointed out, it is fair to say that the family system can learn valuable lessons from criminal justice, and in particular from the focus that criminal justice agencies have brought to developing a joined-up response, which takes full account of the needs of the victim. The Government agree that it should never be a case of “contact at all costs”.

Judicial guidance issued to family judges by the president of the family division of the High Court—practice direction 12J—makes it clear that the court should make an order for contact only if it can be satisfied that the physical and emotional safety of the child and the parent with whom the child is living can, as far as possible, be secured before, during and after contact.

Compliance with judicial guidance is properly the responsibility of the independent judiciary, as are a number of the issues raised in the two reports. The most senior family judge, the president of the family division, has asked a High Court judge to review the practice direction in the light of recommendations made by Women’s Aid and the all-party parliamentary group on domestic violence. I will meet the president later today, and intend to raise this with him in person.

I shall now respond to points made by hon. Members during this discussion. We have heard from the hon. Member for Penistone and Stocksbridge, my right hon. Friend the Member for Basingstoke (Mrs Miller), the hon. Member for Rotherham (Sarah Champion), my hon. Friend the Member for Sutton and Cheam (Paul Scully), the hon. Members for Birmingham, Yardley (Jess Phillips), for Great Grimsby (Melanie Onn), for Hove (Peter Kyle), for Banff and Buchan (Dr Whiteford), for North Ayrshire and Arran (Patricia Gibson), for Sheffield, Brightside and Hillsborough (Gill Furniss), and for Glasgow Central (Alison Thewliss), the hon. and learned Member for Holborn and St Pancras (Keir Starmer), and the hon. Member for Strangford (Jim Shannon). Each made a thoughtful and powerful contribution.

I read both reports with interest; they were a difficult read. I can inform the House that I will meet Polly Neate, the chief executive of Women’s Aid, on 17 October, when I look forward to discussing the recommendations with her in person. The hon. Member for Birmingham, Yardley made an important point about the lack of data on the number of litigants in person; I agree that we have insufficient data on trends in the family justice system. I assure the House that evidence-based policy will be at the heart of everything I do as a Minister.

On vulnerable witnesses in the family court, the hon. Members for Rotherham and for Birmingham, Yardley, asked about “controlling or coercive behaviour”, and the understanding thereof in courts. The law is clear: the definition of “harm” includes a child witnessing domestic violence, which includes controlling or coercive behaviour. We are working with the judiciary to consider what additional protections for vulnerable victims and witnesses may be necessary.

With regard to training on domestic abuse—an issue raised by the hon. Member for Penistone and Stocksbridge and my right hon. Friend the Member for Basingstoke—responsibility for judicial training rests with the Judicial College, which runs modules on domestic abuse. Court staff receive training on various aspects of domestic abuse. We are reviewing the training, and have shared the training materials with Women’s Aid to assist us in the review. All family court CAFCASS advisers must complete core training, including on the assessment of domestic abuse, coercive control, and the impact on children.

My hon. Friend the Member for Sutton and Cheam raised the case of Ellie Butler. We have all been shocked by the circumstances of that case, but my hon. Friend will appreciate that I am unable to comment on individual decisions of the independent judiciary.

In closing, let me again thank hon. Members for the opportunity to discuss this important subject. I do not need to be reminded of the impact of domestic violence on people; as a doctor, in the last three months I have had two cases of domestic violence, and it is truly shocking when one encounters women in those circumstances. I am determined to do everything that I can to improve our management of cases when they come before the criminal justice system, and indeed to try to get rid of this scourge, which blights our society. I am hopeful, particularly after this debate, that we can work together across the House, and indeed beyond, as we continue efforts to improve the way in which the family justice system responds to domestic abuse.