Child Arrangements: Presumption of Parental Involvement
Debate between Sarah Sackman and Lauren Sullivan(2 weeks ago)
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Sarah Sackman
My hon. Friend is absolutely right that the broader understanding of what can constitute abuse has to be incorporated in how we reflect on and review the presumption. The point made by a number of Members—that family courts must never be locations where victims can be re-traumatised by the legal process itself—is a vital one. It is also important that, at the centre of our family courts and law, the best interests and safety of the child are always the focus of any decision making. If we were to ask any family court judge, they would reiterate that that is the law they apply.
It is right, however, that a review has taken place. The Government understand the concerns that have been so eloquently raised today. As my hon. Friend the Member for Penistone and Stocksbridge pointed out, the previous Government and the Ministry of Justice conducted a wide-ranging review of private family law proceedings. A harm panel comprising experts analysed submissions of evidence from victims and families from right across the public, publishing a landmark report on private family law. As I said, family courts must never be a tool for domestic abusers to continue to exert their coercive control and abuse over others.
The panel recommended that we review the presumption of parental involvement, because in some cases it is leading to negative and unintended consequences. That review has been undertaken, and the Government will be publishing the findings. At the moment, we are grappling with what the policy implications of those findings will be. It would not be right for me to pre-empt the publication of the findings, but it is on its way. As soon as we can publish it alongside our policy response, we will.
Dr Sullivan
May I ask the Minister for some advice, then? If some of our constituents have found that the family courts process and procedures have led to the re-traumatising of victims, what advice can we offer them? As the Minister eloquently set out, the family courts are not designed to do that, but it does occur.
Sarah Sackman
If that is what is being experienced, it needs to be fed back. His Majesty’s Courts and Tribunals Service has complaints processes and, in my hon. Friend, her constituents have an outstanding advocate to make those points. I will be taking back the lessons that we learn in today’s debate, and it is right that the feedback happens. I will come in a moment to what we are doing, not least through the pathfinder pilot, to reshape and reform our family justice system so that the re-traumatisation does not occur. The progress that we are seeing through the pathfinder pilot, which this Government will extend, is a vital part of that work.
One hears talk about reviews, but it is not enough to simply have a review, and it is important that we act on it. We are not waiting to act. As others have said, this Government have a landmark ambition to halve violence against women and girls within the next 10 years. There is a role for our family courts to play in achieving that wider culture change. Others have made the point that we need joined-up, mission-based Government—
Motion lapsed (Standing Order No. 10(6)).