Family Justice System: Domestic Abuse and Safeguarding

Catherine Atkinson Excerpts

Thursday 21st May 2026 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Catherine Atkinson)]

It is a pleasure to serve under your chairship, Ms Furniss. I am honoured to speak in my first Westminster Hall debate as the Minister for Victims and Tackling Violence Against Women and Girls, particularly given how important this topic is. I thank the hon. Member for Wokingham (Clive Jones) for securing the debate. He and many Members, including the hon. Member for North Cornwall (Ben Maguire), clearly set out the concerns around family courts enabling the continuity of abuse. The hon. Member for North Cornwall also set out concerns in relation to economic abuse; I would welcome further work with him on that.

The Government have a clear commitment to halving violence against women and girls within a decade, and I want to begin by making it clear that ensuring that victims of domestic abuse are protected in the family court is a core part of the work that we are undertaking to achieve that aim. The courts must deliver safe outcomes for the children and families involved in proceedings, many of whom are among the most vulnerable in our society.

My hon. Friend the Member for Gravesham (Dr Sullivan) set out the additional concerns that can be raised when there are further vulnerabilities or special educational needs. There is mandatory training for His Majesty’s Courts and Tribunals Service staff, and the judiciary is supported by the “Equal Treatment Bench Book” to enable that effective participation in proceedings. Importantly, the Children and Family Court Advisory and Support Service must always consider the impact of protected characteristics, including additional needs or neurodiversity, in relation to a child’s ability to engage. However, there is always more that needs to be done to ensure that the most vulnerable have their voices heard.

I reassure Members that the family courts have a range of measures available to them to protect victims and stop perpetrators. The Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), who has incredible experience, set out some of the special measures that already exist, which include allowing someone to give evidence via video link or from behind a screen. Members also raised the importance of independent domestic violence advisers and independent sexual violence advisers, who are permitted to accompany parties in proceedings in order to provide them with support.

I am also aware that, in some instances, abusers seek to use repeated and vexatious applications to the family courts as a method of furthering their abuse. That is clearly unacceptable. There are means to stop perpetrators when they attempt to make vexatious applications, including making orders under section 91(14) of the Children Act 1989 to prohibit further applications. As my hon. Friend the Member for Hammersmith and Chiswick set out, the courts can prohibit in-person cross examination by alleged abusers and appoint a qualified legal representative to undertake cross-examination instead.

While those measures represent important protections, we are committed to going much further, both in relation to safeguarding victims and reforming the family courts. It cannot be warm words; there needs to be action. A core part of our work to reform the family courts is the child-focused model, which is a new approach to certain private law cases relating to children that is designed to improve the experience and participation of children and families in proceedings. My hon. Friend the Member for Gravesham and others mentioned the harm panel, which has hugely informed the work of child-focused courts.

Under the child-focused model, families benefit from a streamlined problem-solving approach, which brings forward a holistic assessment of needs and risks, and enables the court to make safe decisions without delay. The model ensures that victims of domestic abuse and other harms receive specialist support from independent domestic violence advisers, who also undertake a risk assessment to provide the court with expert insight into the risk of domestic abuse within the case.

Critically, under the child-focused model, the voice of the child is made central to the case, with the percentage of children seen by social workers more than doubling. Evidence from areas where the model is in place shows that it is working. Cases are being resolved up to seven and a half months faster, and the backlog has fallen by over 50%. That is why, in March, the Deputy Prime Minister committed to rolling out child-focused courts nationally over the next three years, along with an investment of £17 million in 2026-27 to support the next expansion to a further eight court areas across the north-west, the north-east and the midlands.

My hon. Friend the Member for Hammersmith and Chiswick also talked about the effectiveness and impact of FDAC courts. I am conscious of how important they have been in many areas and would welcome further engagement on that.

Beyond the new model of child-focused courts, we are committed to a significant legislative package to ensure that victims of domestic abuse can have confidence in the family courts. Through the Courts and Tribunals Bill, we have introduced to Parliament the repeal of the presumption of parental involvement. Alongside our wider changes, that sends a clear signal that the welfare of children must remain paramount. Courts will adopt an open-minded inquiry into what is in the child’s best interests, rather than starting from the assumption that the involvement of parents will be appropriate.

I pay tribute to the Family Justice Young People’s Board and a number of organisations, including Women’s Aid, as well as the Domestic Abuse Commissioner and the Victims’ Commissioner. I also pay tribute to Claire Throssell, whose sons were killed. She has been campaigning for years on this issue. The repeal of the presumption of parental involvement must be dedicated to her and her sons, Jack and Paul.

Through the Victims and Courts Act 2026, we have legislated to automatically restrict the exercise of an offender’s parental responsibility where they have been sentenced to four years or more for a serious child sex abuse offence committed against any child, or where rape has led to the birth of a child. That is in addition to Jade’s law, passed in the Victims and Prisoners Act 2024, which will provide for the automatic restriction of the exercise of parental responsibility where one parent kills the other. Baroness Levitt has made it clear that the Government will implement it by the end of this year.

We are also working with the Family Procedure Rule Committee to limit the instruction of unregulated experts, including unregulated “parental alienation” experts, because we know that allegations of parental alienation can be made in response to allegations of domestic abuse, often when a perpetrator is seeking to deflect attention from their own behaviour. The hon. Member for Wokingham and my hon. Friend the Member for Scarborough and Whitby (Alison Hume) both raised the issue really powerfully, and I pay tribute to the work that my hon. Friend has undertaken in this area.

The Family Procedure Rule Committee approved changes to the family procedure rules in April, and the intention is that those changes will be introduced through a statutory instrument in the summer. Once implemented, the rule changes will require any expert instructed in children’s proceedings, subject to limited exceptions, to be regulated by a UK statutory body or by an approved regulator under the Legal Services Act 2007, or be on a register accredited by the Professional Standards Authority for Health and Social Care.

Taken together, these measures will protect thousands of children every year. I understand the point that the shadow Minister, the hon. Member for Bexhill and Battle (Dr Mullan), raised in relation to accountability. The training that the Judicial College provides is essential to ensuring we have the consistency and expertise that we need.

[Dr Mullan]

It is all very well to send people on training. As a doctor, I have sat in on training sessions. People can be in a training seminar together, and some will pay attention and some will not. Some will take it seriously, and some will not. If there is not a system of accountability at the other end, training can become a tick-box exercise if we are not careful.

[Catherine Atkinson]

I thank the hon. Member for his intervention. Of course, as he set out, we always need to be mindful of long-established principles of judicial independence in these matters. However, ensuring that we have the right training in place will go a long way towards ensuring that we have the family courts that we need, and towards ensuring that we have effective systems in place.

Collectively, these reforms represent a large body of work. We want to make sure there is clarity on what we are doing, which is why the Ministry of Justice is working with the Department for Education and partners across the family justice system to draft the family justice strategy. The strategy will be published later this year, and it will set out the Government’s plans to improve the family justice system, reduce court delays and ensure that all families get the support and the outcomes they need.

Alongside that, we must ensure that we support all victims of abuse to recover and rebuild their lives. Over £1 billion is being invested over the next three years to support victims of violence against women and girls, including domestic abuse survivors. That includes funding for safe accommodation, advocacy, counselling and specialist services. In particular, my Department is increasing funding for victim support services, year on year, from 2026 to 2029, recognising the need to meet the rising cost pressures of delivery.

[Dr Mullan]

I have asked the Minister about this before, and she did not answer. Maybe I will get an answer this time. One thing she might set those additional support services to do is let people know when perpetrators will get out of prison earlier because of the Government’s decisions. Can she at least commit to writing to victims to let them know in advance that their perpetrator is going to be let out of prison earlier?

[Catherine Atkinson]

Communication is absolutely essential, and a huge amount of work is being done to ensure it is in place. I am proud to be building on the work of my predecessor in that space. In relation to victim support services, it is important that, in total, the Ministry of Justice will invest £550 million in support services over the next three years of the spending review.

Many hon. Members raised the incredible and essential work that so many support services do. I thank Kaleidoscopic UK for being here, and for its work. Many other services were mentioned, including Your Sanctuary, IDAS, Glasgow Women’s Aid and Women’s Aid more broadly, Rights of Women and Refuge. I pay tribute to the work they do and the difference they make to people’s lives.

I hope my remarks have reassured the hon. Member for Wokingham and all hon. Members who spoke in this vital debate. I thank him for securing a debate on such an important subject. We all share a deep commitment to safeguarding victims of domestic abuse, to ensuring that they are fully protected and supported, and to making sure that the family courts cannot be used as an arena for perpetrators to continue their horrific acts.

The Government will continue to press forward with our reforms to the family courts. We will continue to work with operational partners, the courts and all the many groups that do vital work to support victims and protect children and families, and to make those important changes. The hon. Member said that children are at the centre of this, and I agree. They must be our focus, and they always will be.