Domestic Abuse Victims and Family Courts

Wera Hobhouse Excerpts

Wednesday 18th July 2018 Westminster Hall

[Jess Phillips]

Absolutely. It is, fundamentally, revictimisation and—if the Minister cares to browse the Equality Act 2010—illegal. There is a very real case for a public sector equality duty on the basis of gender to be made against existing practice in the family court. If such practice does not change soon, that is absolutely the route that people such as me will take, because our public sector is not meeting that duty.

[Wera Hobhouse (Bath) (LD)]

I thank the hon. Lady for securing this incredibly important debate. Does she also agree that one problem in this country is that, still, only about 30% of judges are female? In other European countries the average is much more likely to be about 50%. In this country women often feel that their voices are not heard in that environment, thereby adding insult to injury. Terrible stories are being judged in court, but sometimes the women feel that they are not getting justice, simply because people often do not understand as no one else is female.

[Jess Phillips]

I absolutely agree with the hon. Lady. We have to change the nature of our justice system from one that is fundamentally old fashioned and, at its very core, fundamentally male.

Every single one of the organisations that has been in touch with me has suggested specialist domestic abuse and sexual violence training for those involved in making judgments. Later, when I read out some of the victim testimonials, we will hear about the things that victims have put up with in court. It is as if some of those judges have never met another person, let alone know anything about domestic abuse.

The idea that in this country—still, today, right now, in the courts—a perpetrator is cross-examining a victim of domestic abuse, perhaps in order to gain access to their children, is absolutely harrowing. James Munby, the outgoing head of the family division of the High Court, made it very clear that he wished the practice to end. It is, of course, not something that happened by accident or that we ever saw when I was working in domestic abuse services; the practice is a direct consequence of the changes to the legal aid regime made by the coalition Government and this Conservative Government. As a result, it is now the case that not only perpetrators but—we must not forget this—victims must act as litigants in person. That practice would never be allowed in the criminal courts in our land. The Ministry of Justice, whose Ministers sit across from me today, rules out the use of that practice in a criminal setting on human rights grounds, but the very same Department allows it to happen in our family and civil courts every single day.

--- Later in debate ---

[Jess Phillips]

I totally agree. I can only praise Scotland for the progress it has made in this area. I very much would like the Minister to look at what happens there. I am sure it is by no means perfect, but it is a lot better than what we have here.

New practice direction 3AA requires courts to consider whether those involved in family proceedings are vulnerable and, if so, whether that is likely to diminish their participation in proceedings or—as I said—the quality of their evidence. What are the Minister and the Department doing to review the use of practice direction 12J following its reaffirmation? It has been around a long time. Can we conduct some sort of review of whether it is working or whether it needs updating, and of new practice direction 3AA? Both are key to ensuring that we can rebuild trust among victims of domestic abuse.

The third thing that every single person who has been in touch with me has raised is the issue of special measures in the family courts, which are woefully behind those in criminal justice proceedings. In some cases, the same woman may present at the same courthouse—literally the same building—and be offered different things. She would most likely be greeted at the door of the criminal court by an independent domestic violence adviser co-located in that courthouse, who would have arranged different times for her and would explain the system and help her find the special area for her in the court. She may then walk around the back of the building and go through a different door into the family court, where someone may say, “Oh, there’s Larry—you can just sit next to him, regardless of the years of abuse you have suffered.”

There is absolutely no excuse for the tardiness with which we have reacted to something we have known about for a long time. At least since I came to this place, we have been raising the need for separate rooms, separate arrival times and better evidence-giving opportunities, so that people do not just have a curtain around them but can give evidence from elsewhere via video link. Those are well-trodden practices in our criminal court system, but for some reason in the family court we seem unable to recognise that there is a victim. The fact that family court proceedings are civil proceedings in which both parties are considered equal does not mean that both parties are equal.

[Wera Hobhouse]

The hon. Lady is being generous in giving way. A number of my constituents who have gone through traumatic and abusive divorces have raised concerns with me about the family court. Is it not terrible that women do not feel our legal system protects them at the time they are most vulnerable?

[Jess Phillips]

I agree entirely. The plain and simple fact is that currently it does not protect them. The family court system fails victims of domestic abuse more often than it succeeds. I say that with absolute confidence.

--- Later in debate ---

[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I congratulate the hon. Member for Birmingham, Yardley (Jess Phillips) on securing this important debate. I also pay my respects to organisations such as Women’s Aid, which have raised many of the issues that have been discussed—specifically, judicial attitudes.

I know some of the difficulties with judicial attitudes because I did an Industry and Parliament Trust fellowship in the law courts, during which I spent almost three weeks sitting with judges. If she has the time, I urge the hon. Lady to undertake such a fellowship in the specific courts of interest to her, so that she can participate in how they work and see how they could change to achieve some of the aims that she holds so dear.

The one aspect of this issue that I raise above all others comes from my membership of the Council of Europe: the Istanbul convention. It is very important to the debate. [Interruption.] I see the hon. Lady nodding, so she knows of it. I mention it because it sets minimum standards for how domestic abuse and violence towards women and girls are treated in the member countries. Its primary aim is to protect victims. That is a very important point to bear in mind.

The convention ensures that domestic violence and rape crisis shelters are set up and that helplines and counselling are available for victims. Although the UK has signed the Istanbul convention, it has not yet fully ratified it because we still need a legal means of bringing elements of it into our legislation. Given that we are one of the countries that helped to produce the Istanbul convention, I hope that we move quickly to ratify it. If I may, I will read a brief quote from it:

“there can be no real equality between women and men if women experience gender-based violence on a large-scale and state agencies and institutions turn a blind eye.”

That is an important point to bear in mind. I hope the Minister will take the Istanbul convention into account in her response, because it provides the necessary framework for people to be able to tackle the issue.

My second approach relates to my role as a member of the Justice Committee. That may not seem immediately relevant, but the Justice Committee is a statutory consultee of the Sentencing Council. We recently looked at draft sentencing guidelines on domestic abuse. The previous guidelines were, I am afraid, last produced in 2006 and are completely out of date, particularly with society’s attitudes to domestic abuse and the standards that we want to see. The starting point is the definition of domestic abuse. If I may quote again, the guidelines state that it is:

“any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass”—

this is the important point—

“but is not limited to: psychological...physical...sexual...financial ...emotional”

issues. That range of different abuses shows that there is a great attitude among the judiciary: to change and try to incorporate a much broader spectrum of activities.

In our response to the Sentencing Council, we said that such offences need to be seen as particularly serious and not ranked on a par with other offences; they need to be sorted out as really important offences. Overall, we said that they needed to be condemned in the strongest possible terms. One of the paragraphs in the report stated:

“We recognise that recorded offences related to domestic abuse are largely, but not exclusively, perpetrated by men and boys against women and girls.”

We understood

“the various contexts in which domestic abuse may occur and the forms that it may take...Accordingly, we recommend that comprehensive training on domestic abuse and intimidatory offences should be provided to magistrates and the judiciary to coincide with the launch of the guideline.”

I was pleased to see that the judiciary has moved some way towards doing that and has begun the training required. The need for training has been recognised.

[Wera Hobhouse]

I heard the most heart-breaking story a year ago from a Bath constituent about a CAFCASS worker. She felt that the social worker allocated to help her through the process was absolutely not sympathetic and seemed not to have had any of that training. Should the training not also include the social workers allocated to help women through the process? Should not women have the right to pick the social worker to work with them?

[John Howell]

I agree with the hon. Lady that the training can incorporate a large number of people, but we are dealing here with the courts and what we want to happen there. I am simply saying that the need for training has been recognised in the courts. It is also important to ensure that domestic abuse cases are flagged up properly as they pass through the court system so that everyone knows what is a domestic abuse case and can help to smooth it along the way.

To go back to the guidelines, they are overarching and recognise that a defining characteristic of domestic abuse is the harm caused. That harm goes to a violation of trust, which is a crucial element. Trust is a very important thing that we hold dear, and we should take that into account.

The third element that I want to touch on is the Government’s domestic violence consultation, which came out recently. I hope the Minister will provide information about how the process is going and the sorts of questions that will tackle the important issues we have raised today. I do not have a vast array of case studies of my own to share, but I have my experience of dealing with the courts; I also have experience, as has the hon. Member for Penistone and Stocksbridge (Angela Smith), of the Council of Europe and the Istanbul convention. I urge the Government to try to ratify the Istanbul convention as quickly as possible.