Family Law Terminology

Debate between Sally-Ann Hart and Siobhan Baillie

Wednesday 16th November 2022 Westminster Hall

[Siobhan Baillie]

I thank the hon. Member for Strangford for what was, as usual, a thoughtful intervention. He is absolutely right. The language we all use, whether it is in the media or in the legal system and court documents, can be changed. It will not be easy—we all use terminology that is outdated and that we have been told is wrong, and we get it wrong sometimes—but it can be changed, and we have to work towards that.

With that in mind, I encourage everyone to look at the “Language Matters” report by the Family Solutions Group. The FSG was set up by the eminent Mr Justice Cobb in 2020. It is an excellent and constructive multidisciplinary group of experts working with separated parents and children. There is a lot of emotion in this area, but it is trying to find solutions and I recommend that everyone look at its work.

Let us be honest: the courts system that we are working in is stretched to breaking point. Over 66,000 new cases started in the family courts in April to June 2021, which is up 14% on the same quarter the year before. The case numbers are increasing. The pressure on courts in the pandemic was a tipping point because so many hearings were cancelled. Delays in cases involving children are always counter to a child’s best interests, yet despite the best efforts of the Government, the judiciary and lawyers, from 2011 to 2021 the mean duration of disputes and cases involving children increased from over 31 weeks to 41 weeks—up by a third. It is now commonplace for hearings to be cancelled at short notice, and the number of litigants in person are rising exponentially. That gives the judiciary an impossible task in many cases.

Let us imagine how hard it is for emotionally charged parents to go through a confusing court system on their own. When I was practising, people would save up to have one hour of my time. That is all they could afford—hundreds of pounds. They would get as much as they possibly could from me and head into the court system on their own, often terrified and desperate to do a good job. We come back to language in the courts system. The FSG report sets out the archaic language that is familiar to me, the judiciary and lawyers, but court bundles, pleadings and section 7 statements are alien to most people.

In essence, the court should be the last resort for parents, but sadly it is often seen as the first port of call. However, our system can be changed so that parents who do not have legal issues to resolve do not go anywhere near a judge, particularly for child arrangements. Many cases are not about law but about communication or relationship issues, responsibilities, schools, hobbies or the scheduling of a child’s time once they are in two homes. If there is no safety, or if there are domestic violence or protection issues, parents would be best served by being supported to reach agreements as early as possible outside the court system.

I have said for years that I estimate that about a third of private law children cases should not be in court, but I defer to the brilliant judge Sir Andrew MacFarlane, the president of the family division, who I heard on a Radio 4 programme the other day. He estimated that about 20% of families could be helped outside court. If we invested in helping 20% to 30% of families stay out of litigation, we would not only help the children of those families but free up court time for the families that need it most. In the case of Re B, His Honour Judge Wildblood said:

“Do not bring your private law litigation to family Court here unless it is genuinely necessary for you to do so.”

[Sally-Ann Hart (Hastings and Rye) (Con)]

As a former magistrate in the family proceedings court, I completely agree that when people come for contact arrangements with their children, very often the magistrates are acting in the role of mediator and helping them to come to a decision in the court. Does my hon. Friend agree that that is not the place for parents to go to have other people sort out their child arrangements for them?

[Siobhan Baillie]

I agree. It is not a good use of magistrates’ time, either. This is not easy for parents—nobody should suggest that they rush to court, because often that is not the case. At the moment, parents think that court is the only place to go to get disputes resolved. That change in society and culture would help to free up the court’s time, which is incredibly important to my hon. Friend and other magistrates. His Honour Judge Wildblood went on to say this, directed at parents and lawyers:

“If you do bring unnecessary cases to this Court, you will be criticised, and sanctions may be imposed on you. There are many other ways to settle disagreements, such as mediation.”

I am looking to the Minister to help me and other parliamentarians to change the family law system to, in turn, help the Ministry of Justice to achieve its goals to ensure that people can access justice and court time in a timely way when they really need it.

Taxis and Private Hire Vehicles (Disabled Persons) Bill

Debate between Sally-Ann Hart and Siobhan Baillie

2nd reading
Friday 14th January 2022 Commons Chamber

[Siobhan Baillie (Stroud) (Con)]

Taxi drivers in Stroud sit outside my office, and they are always quick with a wave and a smile. I do not think they realise how much that makes my day.

Taxi drivers across the Stroud district are genuinely valued, needed and relied on by many people. We have to look at the many barriers that cause problems for them and their customers. Does my hon. Friend agree that, when councils think about closing roads and pedestrianising areas, they should think a little more carefully about the customers who need these taxi services? As we have heard, disabled passengers are prevented from travelling or are having to pay increased fares if councils do not think things through.

[Sally-Ann Hart]

My hon. Friend makes a valid point. When councils are pedestrianising roads, creating shared spaces or whatever else, we should urge them to ensure measures and safeguards are put in place for taxis and private hire vehicles to access those pedestrianised places so that disabled people are not put at risk.

An inclusive transport network is part of the Government’s broader effort to close the 30% employment gap between disabled and non-disabled people of working age. The Government’s existing inclusive transport strategy highlights the inconsistent application of the Equality Act in the duty placed on taxi and PHV drivers, and the Government’s 2021 national disability strategy commits to introducing legislation to strengthen the law on the carriage of disabled people in taxis and private hire vehicles to ensure both protection from overcharging and the provision of appropriate assistance, regardless of the service they choose to use.

This national disability strategy includes a host of initiatives to provide improvements for disabled passengers, such as an accessibility audit for all railway stations, clearer audible and visual announcements on buses, the introduction of legislation for taxis and private hire vehicles, and £1 million to improve access to seaports. I understand the Government partnered with Scope to develop a charter for disabled passengers that will help boost confidence across our road and rail networks, and to produce a practical guide that pulls together disabled passengers’ rights so they understand how they can get from A to B with the dignity and ease they deserve.

Scope research indicates that passengers often encounter a vast number of documents concerning their rights, and these documents can be unclear. Working on this feedback, the charter will bring together existing information for passengers, focusing it into one coherent and easy-to-use format. Once the disabled passengers’ charter is complete, it will be published online to create an all-inclusive facility for passenger rights and complaints procedures. I presume it will include rights in relation to taxis and private hire vehicles.

Taxis and private hire vehicles, along with public transport, should be accessible for everyone, and the charter will help disabled passengers to better understand their rights and the standards they should expect across the network, and how to hold providers to account when their travel goes wrong.

Section 167 of the Equality Act provides only that local licensing authorities may “maintain a list” of wheelchair-accessible taxis and PHVs. However, only 70% of local licensing authorities have done so. This means that drivers in areas without a list have been able to continue discriminating against disabled passengers even if their vehicle is technically wheelchair accessible. To address this, the Bill will require local licensing authorities to maintain and publish such a list, and proposed new section 167A creates new offences where a private hire vehicle operator fails or refuses to accept a booking from a disabled person because of their disability, or where they charge extra for fulfilling any of the disability-related duties specified in the Equality Act.