Family Justice System: Domestic Abuse and Safeguarding

Ben Maguire Excerpts

Thursday 21st May 2026 Westminster Hall

[Ben Maguire (North Cornwall) (LD)]

It is a pleasure to serve under your chairship today, Ms Furniss. I thank my hon. Friend the Member for Wokingham (Clive Jones) for securing this really important debate. I congratulate him on his excellent speech. I also welcome the new Safeguarding Minister to her place.

I thank the hon. Member for Gravesham (Dr Sullivan), who reiterated calls for domestic abuse specialists to be embedded in our family courts. My hon. Friend the Member for Woking (Mr Forster) spoke movingly about the case of his constituent Sara Sharif, and about how the family court in that case did not question children’s services and the appalling culture that was described. I thank the hon. Member for Scarborough and Whitby (Alison Hume), who described the case of a paedophile and an abuser accessing legal aid to use the court system against his ex-partner and effectively continue that abuse. I also thank the hon. Member for Hammersmith and Chiswick (Andy Slaughter), who highlighted the value of the FDAC’s role in domestic abuse cases and the way it proactively supports victims to break cycles of abuse, but also the fact that it needs expansion and long-term and more secure funding.

As many Members have pointed out, the family courts are in serious need of reform. The Domestic Abuse Commissioner, Dame Nicole Jacobs, has worked tirelessly to ensure that children are recognised and understood as victims in their own right. The statistics alone are staggering. The crime survey for England and Wales for the year ending March 2025 estimated that in the past year alone around 3.8 million people in England and Wales experienced domestic abuse. At the same time, one in five children in the UK experienced domestic abuse, with only one in 10 child victims receiving any support, according to Women’s Aid.

That reinforces wider findings that despite the introduction of the Domestic Abuse Act 2021, children are too often overlooked as victims of domestic abuse by police, social care and health services. As other hon. Members have set out, perpetrators continue to manipulate loopholes in the Child Maintenance Service system to further coerce and control victims emotionally, economically and physically.

I entirely support colleagues calling for urgent reshaping of the CMS system and for the Ministry of Justice to fully implement the findings of its own 2020 harm panel report. That report identified harmful practices including a pro-contact culture, adversarial court processes, resource constraints and siloed working between agencies, all of which allowed abuse to go unnoticed or even continue through the system itself, as we heard earlier.

I wish to focus on economic abuse, which my hon. Friend the Member for Wokingham highlighted so well. Research by Surviving Economic Abuse has found that a third of UK women with a child under 18 have had child maintenance payments deliberately blocked or manipulated by an ex-partner, despite that ex-partner being able to afford those payments. Meanwhile, the National Audit Office estimates that CMS arrears could reach £1 billion within five years. That is only one example of where change is urgently needed. The Government’s child poverty strategy promised an overhaul of the system, yet there is still no clear timeline for implementation, and our children are the ones suffering.

We Liberal Democrats welcome the continued roll-out of child-focused courts, which have shown reductions in case length and therefore in the re-traumatisation of victims who are forced through drawn-out proceedings. I sincerely hope that the Government fulfil their promise to expand those courts nationally.

I also recognise the important steps that have been taken in recent months, on which I will take this opportunity to congratulate the Government. The removal of the long-criticised presumption of contact established under the Children Act 1989 finally places children’s voices and experiences back at the centre of decisions that affect them. However, survivors now need clarity on its implementation. When will the repeal come into force?

Before the Minister claims that some of these matters fall outside her direct remit, I would like to make it clear that I and organisations including Surviving Economic Abuse, Rights of Women, Women’s Aid and Refuge have jointly written to her to underline the urgent need for a practical, cross-departmental action plan to protect and support victims of domestic abuse. The violence against women and girls strategy must be matched by that cross-Government delivery.

Economic abuse frequently involves perpetrators controlling finances, restricting access to income and withholding key documents. As a result, many victims are unable to provide the evidence required under the legal aid system, and are therefore excluded from support precisely when they need it the most. That heavily ties into the safeguarding aspect of today’s debate. Victims feel completely at a loss and deserted by the justice system.

There is also a significant cliff edge for working victims of domestic abuse. Many individuals earning slightly above the eligibility threshold are deemed to be ineligible for legal aid, yet cannot realistically afford legal representation without sacrificing substantial portions of their income. That gap risks deterring victims from pursuing protection, or even from resolving cases safely through the courts.

Even when the grant of legal aid is technically possible and victims make the means test cut, access to justice is again undermined by the severe shortage of family law legal aid solicitors. In rural communities such as mine, the legal aid deserts are among the worst in the country. I would welcome further discussions with the Minister and the Justice Minister responsible for legal aid, the hon. and learned Member for Finchley and Golders Green (Sarah Sackman), on increasing legal aid fee rates in line with inflation, similar to the increases that we have already welcomed for immigration and housing law. Only then will we attract more legal aid solicitors to where they are most needed. That is particularly important given that legal aid was mentioned only fleetingly in the Government’s 2025 violence against women and girls strategy, despite legal representation often being one of the most important protections that victims have when facing their abusers in court. The Law Society and the Legal Aid Practitioners Group have long called for urgent improvement in this area.

From my constituency casework, I know that many victims face severe bias once they enter the family court system, even when they are represented. I therefore echo Women’s Aid in calling for all family court professionals, including judges and court staff, to receive high-quality, mandatory and regularly updated domestic abuse training.

This issue cuts across every aspect of domestic abuse within the justice system. Around 75% of child arrangement cases in the family courts involve allegations of domestic abuse. Although much of the issue falls within the remit of the Ministry of Justice, I must take the opportunity to reinforce Refuge’s demand that the VAWG strategy should explicitly reflect plans to improve the response of the family justice system to domestic abuse. As we have heard, too many victims still feel that the courts minimise their experiences and fail to understand the realities of coercive and controlling behaviour. We cannot continue with a system where victims are forced to act as litigants in person because they cannot access or afford legal representation. I therefore share the disappointment expressed by many VAWG charities and organisations regarding the lack of substantive focus in the recent King’s Speech on protecting women and girls in practice.

Warm words are not enough. Victims deserve a justice system that protects them, listens to them and enables them to access safety without traumatisation and without financial ruin. I urge the Minister to ensure that this year’s violence against women and girls strategy is accompanied by meaningful cross-departmental implementation, including vital action on legal aid, family court reform, judicial training and economic abuse.