Domestic Abuse Victims in Family Law Courts

Seema Malhotra Excerpts

Thursday 15th September 2016 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My hon. Friend is making an incredibly powerful speech. I have been struck by a number of constituents and by other people whom I have met through my work in the House who have said that, as victims, when they have gone into the courts, including family courts, they have felt that they have not been believed and that those involved in the judiciary do not fully understand the patterns of domestic abuse and what to believe and who to believe in the courts. Does she agree that an important part of this is the training of the judiciary and the updating of the training to reflect changes in the law?

[Angela Smith]

I completely agree with my hon. Friend.

I wish now to ask a few questions. What exactly are the failures of the family courts, given the legislative tools at their disposal? Why is it proving so difficult for the family courts to tackle this issue? Why is it so hard to put children first? I suggest that there are two major reasons. First, there is the ongoing assumption that men who are abusive towards women can nevertheless still be good fathers. That belief—that myth—is unbelievably enduring and flies in the face of the available evidence. Research indicates that there are many serious, negative impacts on children arising from domestic abuse, including children becoming aggressive or, conversely, over compliant. They can become withdrawn, anxious and fearful. One study also found that more than 34% of under-18s who had lived with domestic violence had also been abused or neglected by a parent or guardian. I do not see why that should surprise anybody. Surely, this outdated, discredited way of thinking has no place in our family courts. Surely, given the ongoing incidence of violence against children and the frequent link with domestic abuse, we need effectively to eradicate this cultural legacy from our family courts.

Secondly, there is an ongoing failure on the part of the statutory agencies and the family court judiciary to understand that domestic abuse frequently involves coercive control; abuse is about power and control. That is why it is not surprising that fathers who beat up women can also abuse children.

Physical injury is not the only manifestation of abuse and it is in that context that the courts themselves can become a tool in the armoury of a controlling abuser. In other words, when separation occurs and a woman removes herself and her children from an intolerable situation, the abusive parent frequently uses family court proceedings as a means of continuing his attempt to control and coerce.

This brings me back to Claire’s story. Her abuser exercised the ultimate control over her. Not only did he drag her to the family court for unsupervised access to his children, he went on to murder her children. In doing that, he has, with one awful, heartbreaking criminal act, exercised control over Claire for the rest of her life. That should give us pause for thought. Never again will Claire’s life be the same, as her two boys have gone. We all feel her pain, and we have a duty to act.

That is why I have worked with Women’s Aid and other MPs to secure this debate today. I pay tribute to Women’s Aid and the all-party group on domestic violence, which have produced reports that reflect on what needs to be done. I do not have time to go through their recommendations in detail. Suffice it to say that they relate to measures designed to put children first, to implement properly the legal framework and Practice 12, including the professional training of court staff and the judiciary as my hon. Friend the Member for Feltham and Heston (Seema Malhotra) mentioned, and to put in place independent national oversight of the implementation of Practice 12. They also include practical measures, such as dedicated, safe waiting rooms for vulnerable witnesses and separate entrance and exit times.

Of course we all want to see reform of the Government’s legal aid changes to ensure that representation in the family courts is adequate and sufficient to avoid the current situation, which sees abused women cross-examined by their abusers. I know that the Minister, who has written to me separately, has indicated that the president of the family division has asked Mr Justice Cobb to review practice direction 12 to see whether amendments are needed, but we need more than that. The public needs more than that, as is indicated by the 38 Degrees petition, which has now been signed by more than 33,000 people. We need to see: the Ministry of Justice take action to ensure that the legal framework is properly implemented; practical changes to the ways the courts work; resources dedicated to ensuring the professional training of court staff and the judiciary; and the Government indicating that they will do all that is necessary to improve the relationships and the information sharing between statutory agencies and between those agencies and the family courts. There was a huge delay in the cases of Claire, Jack and Paul.

Above all else, for Claire’s sake and for the sake of all vulnerable women, we need the Government to send out a very clear message. By agreeing to act on today’s motion, the Government would be sending out a clear message that domestic abuse will be tackled, that it will be dealt with in all its forms, and that we will not allow our children to be harmed by it.

Jack and Paul must never be forgotten. Claire wanted their names to be used in the serious case review, but the authorities refused, preferring to refer to them as P2. Jack and Paul were not P2; they were two dearly loved boys whose lives were snatched away from them by a violent father. Let us make sure today that Jack and Paul will never be forgotten. Let us support the motion on the Order Paper.

--- Later in debate ---

[Melanie Onn (Great Grimsby) (Lab)]

I congratulate my hon. Friends on bringing this debate to the Floor of the House of Commons. I acknowledge Women’s Aid for the protection and support it provides to women and children, and for all the vital work it does to highlight the suffering caused by domestic violence. In particular, I pay tribute to Denise and all her staff at Grimsby Women’s Aid, and all the women I have met there. They are amazing and, despite some real tragedies and difficulties, they continue to face life with bravery and extraordinary good humour.

Several victims of domestic violence have come to my surgeries in Grimsby looking for help because they feel they have been let down. They feel that the whole system is stacked against them. They are the ones who have to move out of the area they lived in. They are the ones who have to provide the burden of proof; that all falls on them. They are the ones whose parenting is constantly questioned. They are the ones who live in fear of abuse and in fear of losing their children. They are the victims, but too often they feel that they are treated with suspicion rather than compassion, and that they are made to feel as though they are the guilty party.

The way in which family courts operate reveals a real lack of understanding of the situation in which victims of domestic violence find themselves. As we have heard in so many testimonies today, victims clearly should not have to share a waiting room with their abuser, and they should not have to face cross-questioning from them. As the right hon. Member for Basingstoke (Mrs Miller), who has just left her place, mentioned earlier, it is too difficult for individuals to be faced with their abuser in a small space.

I want to thank Rochelle, one of my constituents, for allowing me to use her name—in fact, she was insistent that I use it—to highlight her very personal and individual difficulties, which represent the difficulties of so many women. She fled her abusive partner, yet she has been forced to face him in court several times during the last six years. He is using the court system to gain access to her, and as a means of getting around the restraining order. The courts have failed to provide security at their meetings. She has been made to sit at the same table as her former partner in a small room, and he has taken such opportunities to make horrendous sexually derogatory comments to her. This man had twice put her in hospital while she was pregnant. She should never have to be in the same room as him again, but she feels that the family court forced her back into the perpetrator’s presence and under his control. In addition, she has had no access to social housing, because the local authority deemed her to have made herself intentionally homeless, after having fled her home. That is incredibly common. As we have heard, she is not alone in being in such a situation.

[Seema Malhotra]

I thank my hon. Friend for her speech. She has highlighted a very important issue, which has certainly become increasingly apparent to me from my casework, about the training given to local authority teams—sometimes in social services and sometimes in housing—that deal with family issues involving domestic violence or domestic abuse. Does she agree with me about the importance of awareness, training and leadership in local authorities on such issues?

[Melanie Onn]

Absolutely. I agree with my hon. Friend that training plays a big part, and there is a lot more that could be done with cross-agency working and understanding.

When I visited a school in my constituency recently, I was really shocked to hear a support worker—she has worked in a school for nearly 30 years, and lives in the community in which she works—say she believed that about one in five children at that school were in families that had experienced domestic violence. The figure is shocking in itself. On the positive side, however, she said it was very important in a school environment that children should feel they have a safe space, where they feel they have good relationships with and can open up to the staff. My hon. Friend’s point about training applies to schools as well.

I believe that a lot of this is unreported violence. Will the Government consider how they can give people greater confidence in the system? People also need to recognise violence in the household as a problem. I think some people accept it as part of a volatile relationship and may not even recognise it as domestic violence. That is where the coercive element also comes in. That makes me believe all the more that good relationships education in schools can help children to realise that those are not normal relationships, and that that is not how loved ones behave towards one another.

Before the summer, I tabled some parliamentary questions relating to the effect of domestic violence on the children who are subject to it or who witness it, and I am very concerned that the Government do not seem to be sufficiently interested in that subject. I asked how many children the Government estimate live in homes where domestic violence occurs, and how they believe the educational attainment of children who experience domestic violence is affected. The answers I received from the Department for Education stated that, although it counts the number of referrals to children’s social care in which domestic violence is a factor, its figures do not include all children who experience domestic violence, and it does not publish attainment data for children who have been referred. Would not greater cross-departmental work ensure that domestic violence is better understood, highlighted and prevented? I worry that those answers show a lack of urgency in tackling this problem.

Finally, and quickly, I want to raise an issue that another constituent brought to me in relation to the Concentrix debacle that is currently being uncovered. A women with two children had her tax credit money stopped two weeks ago because she had been subject to a random check. She was told she was suspected of living with a partner. Concentrix would not disclose the name of the person it suspected to be living with her, and it would not make any home visits. She is a single parent, and she has been left to evidence the fact that she is single. She has now been forced to use food banks and to have meals at her parents’ house, and she has received assistance with her children’s school uniform costs. This is particularly difficult because my constituent is a victim of domestic violence. She has had to set up her life again from scratch to make sure that she and her children are safe. Again, it feels as though the state and all the agencies involved are working against her having a fresh start.

The lack of sensitivity, awareness and preparedness across state agencies—from the welfare system to family courts, as well as the police and the education system—lets down children and victims of domestic violence, and leaves them feeling as though the whole system is working against them.