Asked by: Perran Moon (Labour - Camborne and Redruth)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, what assessment she has made of the level of risk of eviction of social housing tenants who remain in a property after a joint tenant has served notice to quit (a) in cases involving relationship breakdown and (b) in general.
Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)
Joint periodic tenancies can be ended unilaterally by one of the joint tenants.
Once one of the joint tenants terminates a joint tenancy, then as a matter of law it ceases to exist and the landlord has a right of possession, though that may be challenged in the Courts.
Social landlords, subject to complying with their own allocations policies, have the flexibility to provide a new tenancy to a current resident where a notice to quit is served, either for the same property or for a different property.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment she has made of the level of violence against prison officers in prisons.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
Reducing the levels of violence in prisons is a key priority and we are working hard to make prisons as safe as possible.
In response to recent serious assaults on our brave and hardworking prison officers, we are mandating the use of Protective Body Armour in the highest risk units and this summer we will trial the use of tasers by specialist staff in adult male prisons.
To protect our staff from serious assaults, PAVA – a synthetic pepper spray – is available in the adult male closed estate and a limited rollout in three Youth Offender Institutions is planned to commence in the summer period, to be used as a last resort in response to an immediate threat of serious harm. We are also committed to removing wet shave razors, that can be used as weapons. Electric shavers are in 31 priority sites in the adult male closed estate and this rollout continues.
All new staff receive violence reduction training and prisoners who pose a raised risk of violence are supported through a case management approach to address the underlying causes of their violence. The Police, Crime, Sentencing and Courts Act 2022 doubled the maximum penalty to two years’ imprisonment for those who assault prison officers.
We publish Safety in Custody statistics quarterly covering deaths, self-harm and assaults in prison custody in England and Wales. Statistics on assaults on staff can be found in Table 4 of the Safety in Custody summary tables to December 2024.
Asked by: Al Pinkerton (Liberal Democrat - Surrey Heath)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment her Department has made of the adequacy of safeguards in preventing harm to children during court-ordered contact arrangements.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice recognises the importance of safeguarding children during court-ordered contact arrangements.
The legislation which governs child arrangements cases makes a child’s welfare paramount and presumes a child’s welfare is furthered by the involvement of both parents, unless there is evidence of a risk of harm. Following the recommendation from the ‘Assessing Risk of Harm to Children and Parents in Private Law Children Cases’ report, the Ministry of Justice has carried out a thorough review of the presumption of parental involvement, which will be published shortly.
Where an individual believes that a wrong decision or an unjust decision (due to serious procedural or other irregularity in the proceedings in the lower court) has been made by the courts, there are routes of appeal and individuals can apply to have a Child Arrangements Order varied or discharged.
In some cases, to ensure children’s safety, courts order contact at Child Contact Centres. These are primarily accredited centres run by the National Association of Child Contact Centres, which operate under rigorous safeguarding standards. These include secure premises with controlled access, trained staff present during supervised contact, and comprehensive risk assessments tailored to each family's circumstances.
Asked by: Lord Caine (Conservative - Life peer)
Question to the Northern Ireland Office:
To ask His Majesty's Government, further to the answer by Baroness Anderson of Stoke-on-Trent on 22 May (HL Deb col 244), what assessment they have made of the risk that elderly veterans will be compelled to appear in coroners' courts in Northern Ireland as a result of their decision to re-open legacy inquests and because of the Independent Commission for Reconciliation and Information Recovery.
Answered by Baroness Anderson of Stoke-on-Trent - Baroness in Waiting (HM Household) (Whip)
This Government's commitment to our Armed Forces community is unshakeable. The vast majority of veterans who served in Operation Banner did so with distinction in very difficult circumstances.
This Government’s approach will ensure that legacy cases are dealt with sensitively, efficiently and lawfully, and that veterans who engage with legacy mechanisms are provided with the appropriate support. The Secretary of State for Northern Ireland is working closely with the Defence Secretary and Minister for Veterans and People on how to ensure that their interests are fully considered in the changes we are going to make.
Asked by: Al Pinkerton (Liberal Democrat - Surrey Heath)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps she is taking to ensure that disabled court users have equal access to (a) legal representation and (b) appropriate support in court jurisdictions.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Legally-aided advice and representation is available to disabled people on the same basis as it is to the wider population. The issue must usually be in-scope of legal aid, and applicants are subject to means and merits tests, if applicable.
Duty solicitors may be available in some proceedings to help ensure individuals, regardless of disability, are able to access representation.
The Housing Loss Prevention Advice Service offers on the day in-court emergency representation to anyone at risk of losing their home.
At the magistrates’ court, a disabled person who has been charged with a criminal offence is entitled to the same legal protections and support as any other defendant. This includes access to the Court Duty Solicitor Scheme, which provides free legal advice and assistance to unrepresented individuals on their first appearance.
With regards to financial eligibility for legal aid, there are several disability-related payments that are disregarded from the income assessment for criminal and civil legal aid. These include Disability Living Allowance, Personal Independence Payment, direct payments and Attendance Allowance.
Our current grant programmes are providing over £6 million of grant funding up to March 2026 to over 60 organisations across the advice sector. This funding will help organisations to sustain and improve their legal support provision, including support at court where necessary.
HM Courts & Tribunals Service (HMCTS) provides reasonable adjustments for disabled court and tribunal users in accordance with its legal duty under the Equality Act 2010. To meet its wider Public Sector Equality Duty and the commitments in its vulnerability action plan, HMCTS also has a wider duty to take steps to avoid treating people less favourably because of their disability. Court and tribunal users are encouraged to get in touch with HMCTS to discuss any particular adjustments or support they require, to enable their individual needs to be met when they attend court.
Asked by: Uma Kumaran (Labour - Stratford and Bow)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what assessment his Department has made of the potential impact of the Person At Risk of Violence fee on victims of domestic violence; and if he will make an assessment of the potential merits of making all personal details on the Individual Insolvency Register private.
Answered by Justin Madders - Parliamentary Under Secretary of State (Department for Business and Trade)
The fees applied for Persons at Risk of Violence (PARV) orders should never have the effect of denying access to the courts. The government is presently reviewing the fee framework for PARV orders.
The government is also undertaking a wider review of the personal insolvency framework, which includes whether the Individual Insolvency Register should be private.
Asked by: Lord Bradley (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what statutory requirements govern the preparation of pre-sentence reports in England and Wales by the Probation Service for all convicted offenders in (1) the Crown Court, and (2) the Magistrates Court.
Answered by Lord Timpson - Minister of State (Ministry of Justice)
Section 30 of the Sentencing Code provides for the provision of pre-sentencing reports for offenders where there is a requirement to obtain a PSR under the Code. This includes where the court is considering whether the offender should receive a sentence of immediate custody. It sets out that if an offender is aged 18 or over, a sentencing court must obtain and consider a pre-sentence report before forming an opinion unless, in the circumstances of the case, it considers that it is unnecessary to obtain a pre-sentence report.
PSRs include an assessment of the offender's behaviour, the risk they pose, and recommendations for sentencing options, helping to ensure that the sentence is tailored to the individual offender and their circumstances. The PSR can recommend various sentencing options, including community sentences and specific requirements like treatment programs. Based on the assessment, a PSR suggests the most appropriate sentence for the offence and makes recommendations to the Court; however, the final decision is at the judge’s discretion.
The Sentencing Council’s Imposition guideline provides sentencing courts with the general principles around imposing community orders and custodial sentences, and in what circumstances a custodial sentence can be suspended. The Lord Chancellor has been clear that the guidelines regarding pre-sentencing reports do not represent the views of this Government. The Lord Chancellor and the Chairman of the Sentencing Council have had a constructive discussion. It was agreed that the Lord Chancellor will set out her position more fully in writing, which the Sentencing Council will then consider before the guideline is due to come into effect.
Asked by: Simon Opher (Labour - Stroud)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment she has made of the adequacy of legal mechanisms available to victims of (a) coercive control and (b) other abuse when family courts do not enforce child custody arrangements.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
A Child Arrangement Order may be made by the family court to specify whom a child should live with, spend time with or otherwise have contact with.
If the court is satisfied beyond reasonable doubt that a person has failed to comply with a Child Arrangement Order, the court has a range of powers available, they can: issue fines, enforcement (and suspended enforcement) orders, and orders for compensation for financial loss, and ultimately to commit an individual to prison, as well as varying the Child Arrangements Order to include a more defined order or a reconsideration of the child’s living or contact arrangements.
The Department operates a fee system in which those who engage with courts and tribunals are asked to fund some of the cost of administration, where they can afford to do so. This aligns with HM Treasury’s Managing Public Money guidelines, which recommends that fees are charged at a level to recover the full cost of their underpinning service.
The Department recognises that the Lord Chancellor has a duty to ensure access to justice for all those seeking support from a court or tribunal. The Help with Fees scheme offers partial and full remissions to those who cannot afford to pay a court or tribunal fee. Some fees, including those payable for applications relating to child arrangements, are intentionally set below their underpinning cost to further protect access to justice.
Legal aid is available for private family matters, including an enforcement order following the breach of a child arrangements order if an individual is a victim of domestic abuse or at risk of being abused. This funding is subject to providing the required evidence of domestic abuse and passing the means and merits tests.
Asked by: Steve Darling (Liberal Democrat - Torbay)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will make an assessment of the adequacy of the level of support available to people going through tribunals for claiming (a) Universal Credit and (b) other benefits.
Answered by Stephen Timms - Minister of State (Department for Work and Pensions)
Appeals are lodged directly with, and administered by, HM Courts and Tribunals Service (HMCTS). At the First-tier Tribunal, proceedings are designed to be straightforward and accessible to all. The tribunal panel is trained and experienced in dealing with a wide range of appellants with individual needs.
At the First-tier Tribunal, Legal Aid, which is administered by Ministry of Justice (MoJ) may be available through the exceptional case funding scheme, if failure to provide Legal Aid may risk a breach of an individual’s human rights. Legal Aid is still available for advice and assistance on welfare benefits appeals to the Upper Tribunal, Court of Appeal and Supreme Court.
At all appellate stages, claimants are able to appoint a representative to assist with their appeal and there is helpful signposting to free support available on gov.uk at: https://www.gov.uk/appeal-benefit-decision/submit-appeal.
Asked by: Helen Morgan (Liberal Democrat - North Shropshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment she has made of the adequacy of the level of support available to domestic abuse victims and their children in the Family Court system.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Family courts have various tools available to protect participants. Courts have the power to prohibit the cross-examination of domestic abuse survivors by their abusers. Victims of domestic abuse are automatically considered to be vulnerable when the court is determining whether to make special measures, such as allowing someone to give evidence by video link, or from behind a screen. The Family Procedure Rules and Practice Directions allow for Independent Domestic Violence Advisers and Independent Sexual Violence Advisers to accompany parties in the courtroom.
Central to the Department’s commitment to reform the family justice system is the rollout of the Pathfinder pilot. This innovative court model uses a less adversarial approach for private law children proceedings and is operating in Dorset, North Wales, Birmingham and South-East Wales. The pilot courts work closely with local domestic abuse agencies, including Independent Domestic Violence Advisers, to ensure that specialist support and domestic abuse risk assessments are in place. We are committed to expanding the pilot so that more people can benefit from this approach.
Evaluation of the pilot is ongoing and involves seeking the views of both parent and child victims of domestic abuse to understand how the support available in the Pathfinder model has impacted their experiences. This evaluation will be published once it is completed.
On 27 November, the Government also begun piloting a new Domestic Abuse Protection Order (DAPO) in selected areas. This new order is available across family, civil and criminal courts and brings together the strongest features from current protective orders into a single more comprehensive order. DAPOs can offer more tailored protection to victims and place greater sanctions on a perpetrator.