Domestic Abuse Victims in Family Law Courts

Angela Smith Excerpts

Thursday 15th September 2016 Commons Chamber

[Angela Smith (Penistone and Stocksbridge) (Lab)]

I beg to move,

That this House notes the Women’s Aid report entitled Nineteen Child Homicides, published in January 2016; and calls on the Government to review the treatment and experiences of victims of domestic abuse in family law courts.

Let me make it clear at the beginning that I will take only two interventions at most, because this debate is heavily subscribed and I want people to have time to speak. The debate today is not really about courts, laws and statutory agencies; it is about children—or, rather, it is about children whose mothers have been subject to domestic abuse and who themselves have become victims of violent and coercive fathers. This debate, in particular, is about the 19 children who have died at the hands of their fathers over the past 10 years, all of whom had access to their children through formal or informal child contact arrangements. So with the good will of the House, I want to dedicate the first part of my speech to telling the story of Claire Throssell, my constituent:

“It took just 15 minutes on the 22nd October, 2014, for my life and heart to be broken completely beyond repair. I had warned those involved with my case that my happy, funny boys would be killed by their own father; I was right.

My boys were both with their father on that October day, and at around 6.30pm he enticed Paul, nine, and Jack, 12, up to the attic, with the promise of trains and track to build a model railway. When the boys were in the attic, he lit 16 separate fires around the house, which he had barricaded, so my sons could not get out and the firemen could not get in.

Only 15 minutes later…the doorbell rang at my mum’s. (We were staying there temporarily after the separation.)

‘It’s the boys, they must be early,’ my mum said—but I knew that wasn’t right. The boys would have run into the house and straight into my arms; they always did after a visit to their dad. They were frightened of him—he was a perpetrator of domestic abuse. The statutory agencies involved in our case knew this.

I opened the door. Blue lights were flashing.

‘There's been an incident at your former home; the boys have been involved in a fire…

Running into the hospital, the first thing I saw was Paul receiving CPR. A doctor, drenched in sweat and exhausted, told me they were withdrawing treatment.

I held Paul in my arms. I begged him to try, to stay, to not leave me.

He looked at me, smiled, and the life left his beautiful blue eyes. His hair was wet with my tears as I kissed his nose. Then Paul, my boy, was taken out of my arms and into another room. There was no further chance of touching him; his little body was now part of a serious crime enquiry.

Detectives arrived and informed me that my former husband was responsible for the fire, and that he’d also died. All this time I wasn’t allowed to see Jack, as they were still fighting to save him. Thankfully, he never knew that Paul had died. He’d tried to save his little brother.

The police later disclosed that Jack was still conscious when carried out of the fire and told them: ‘My dad did this and he did it on purpose.’ This was taken as his dying testimony.

Jack clung to life for five days but his battle was too big for him to fight. His body had suffered 56% burns. On the 27th October, he too died in my arms after suffering a cardiac arrest due to his horrific injuries.”

That is Claire’s story—it is tragic and heartbreaking, utterly heartbreaking. But I wanted that story on the parliamentary record—and now, thank God, it is—because it is the testimony of these stories, heard here in this Chamber, that will in the end engineer the changes we need to see to make sure that Claire’s story does not become another mother’s story. Before I move on to highlight what changes are required, I want to pay tribute to Claire. In my 12 years as an MP, I have never been asked to intervene in a case like this. No other case I have been presented with has touched me like this. No other constituent has impressed me so much with her bravery and her determination to secure something positive out of something so dreadful.

I want to pay tribute, too, to the people of Penistone, who responded magnificently to Claire’s tragedy. Claire’s husband cancelled the insurance on the property before he set it on fire. He also did other things, which I will not go into, that effectively left her penniless and without a home. The people of Penistone, led by our wonderful vicar at St John’s church, rallied round, raising money to buy somewhere for Claire to live and pulling together, in DIY SOS style, to make her new house into a home. In black, dreadful times such things matter, and I am incredibly proud of the people I represent in this close-knit, warm-hearted community.

Let me move on to the changes that are critical if we are to ensure that this never happens again, and to what we need to do to secure Claire’s legacy and the legacy of her children, Paul and Jack. The Women’s Aid report “Nineteen Child Homicides” was published earlier this year in response to the failure of the family courts to embed in their practice a culture of putting children first.

[Mr Jim Cunningham (Coventry South) (Lab)]

On that point, there should be an urgent review of family courts, because, very often, people who are giving evidence are not protected; they are actually facing their abuser. More importantly in relation to family courts, my constituent, a victim of domestic abuse, was in hospital. The abuser got custody of her children, as she was not represented in the courts. That is one reason why I say that we need an urgent review of family court practices.

[Angela Smith]

I completely agree with my hon. Friend. All of that is despite the fact that, in 2004, a legal framework and the accompanying guidance was produced to ensure that there was protection. That legal framework itself was a response to an earlier report by Women’s Aid “Twenty-nine child homicides”. At its heart was a recognition that the courts needed to develop a new culture of putting children first. The accompanying practice direction 12 requires courts to ensure that, where domestic abuse has occurred, any child arrangements ordered protect the safety and well-being of the child and the parent with care, and are in the best interests of the child.

In addition, in 2015, a new criminal offence of controlling or coercive behaviour in an intimate or family relationship was introduced and practice 12 was amended to reflect this wider definition of domestic abuse—two developments that are potentially big steps forward.

[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.

[Several hon. Members rose—]

--- Later in debate ---

[Angela Smith]

I thank the Backbench Business Committee for having given us this very important debate, which I think has shown the House at its finest. We have heard not only the arguments, but the stories and the voices that needed to be heard. Claire is here today, and I know how much this means to her, but all of this means nothing until we see effective change.

The extent of the challenge was made clear to me this afternoon by a rather unpleasant tweet sent to my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) and me in response to my hon. Friend’s comments about the high quality of the debate; it said:

“man-hating at its finest…well done”.

If that does not spur us on to make the changes necessary to put children first in our family courts, nothing will.

I thank the Minister for his thoughtful and considered response, but I urge him to act as quickly as is reasonably possible to make the changes that we know are necessary to stop children dying at the hands of their father.

Question put and agreed to.

Resolved,

That this House notes the Women’s Aid report entitled Nineteen Child Homicides, published in January 2016; and calls on the Government to review the treatment and experiences of victims of domestic abuse in family law courts.

[Ann Clwyd (Cynon Valley) (Lab)]

On a point of order, Mr Deputy Speaker. About an hour ago the Foreign Affairs Committee, of which I am a member, published a report on the use of UK-manufactured arms in Yemen, accompanied by a press release.

As a member of the press I know that very often, to save time, one reads the press release, not the report. I would be grateful for your advice, Mr Deputy Speaker. I want to make it clear that there was a majority report and a minority report. The minority report was tabled by myself and the hon. Member for North East Fife (Stephen Gethins). Nowhere in the press release is the minority report mentioned.

I think it is very misleading to put out a press release which suggests that the report is supported by all the members of the Foreign Affairs Committee. We specifically supported the reports from the Business, Innovation and Skills Committee and the Department for International Development. That is included in the report, and we say quite clearly that the arms export licensing regime has not worked, and we recommend that the UK suspend licences for arms exports to Saudi Arabia that are capable of being used in Yemen, pending the results of an independent United Nations-led inquiry into reports of violations of international humanitarian law, and that the UK issues no further licences. That should have been included in the press release.