Courts and Tribunals Bill (Tenth sitting)

Jess Brown-Fuller Excerpts

Committee stage
Thursday 23rd April 2026 Public Bill Committees

[Jess Brown-Fuller (Chichester) (LD)]

Rape Crisis has pointed out that current practice ignores the fact that women are often subjected to multiple instances of sexual violence in their lives. Survivors have told Rape Crisis that they feel disbelieved, blamed and retraumatised when they simply try to seek justice. SafeLives and End Violence Against Women are both in favour of the reforms in clause 10. It is worth pointing out that black and minoritised women are disproportionately harmed in the criminal justice system by misuse of bad character evidence.

Office for National Statistics data shows that one in two adult survivors of rape have been raped more than once. The National Police Chiefs’ Council strategic risk assessment 2023 identified that 25% of victim survivors were repeat victims of violence against women and girls. The drafting of clause 10 reflects calls from a coalition of women’s rights groups for section 100 to be amended in this way. It was drafted and supported by the Centre for Women’s Justice, and the Liberal Democrats are pleased to support it.

[Sarah Sackman]

I welcome the support from Members across the Committee for clause 10. A proper evidential basis is defined in the Bill as ensuring that there is material before the court that shows both that the complainant made the previous allegation and that the previous allegation was false. I do not want to elaborate on the test, and thereby in any way tie the hands of the judge hearing the evidence in the case. The tests and the clear structure set out in the Bill will enable and empower the judge to test whether there is an evidential basis for the claim and whether it has probative value and relevance to the issues at hand. The judge will then be able to take a view on whether it can be included and put to a witness.

There will always be cases where the evidence is relevant to the proceedings, both for the prosecution and for the defence. There is certainly no hard rule excluding it altogether.

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[Dr Mullan]

Clause 12 addresses an important aspect of protection: the use of screens in the courtroom. We must start from the position that special measures are not a luxury or optional administrative add-on; they are often essential to ensuring that the justice system remains capable of hearing evidence properly. We want to enable people to give evidence in the proper way, and victims and vulnerable witnesses must be able to give their best evidence—we always want people to be able to give their best evidence in court—without avoidable distress, intimidation or re-traumatisation.

For many, the prospect of being in the same physical space as the person who harmed them is a primary barrier to their participating in the justice system at all. Clause 12 will strengthen and clarify current provisions by creating a clearer statutory footing for the use of screens. Specifically, when a witness is providing testimony via live link or through a pre-recorded cross-examination, the clause will require the court to consider whether a screen should be provided. Crucially, the clause clarifies that that protection should operate in both directions: not just preventing the witness from seeing the accused, but shielding the witness from the accused’s gaze as well. That increased clarity is intended to support consistency in practice across the country.

For many victims, particularly those of sexual violence or domestic abuse, the physical presence of the accused is a source of profound distress that can affect their memory and the clarity of their evidence. The current application of these measures can be inconsistent, leading to what practitioners describe as a postcode lottery. By establishing a presumption in favour of screens unless it would be contrary to the interests of justice, the law recognises the practical reality. However, we must ensure that that presumption is not merely a tick-box exercise, but achieved effectively through things such as either-way screens.

We must recognise, as we have at several points in Committee, the challenge presented by the fabric of some of our courtroom buildings and their facilities. Evidence provided to the Committee—this is also highlighted by Sir Brian Leveson—suggests that malfunctioning equipment and poor infrastructure continue to create problems, specifically in relation to using special measures. A stronger use of screens can be mandated but, if the physical layout of the court and its facilities are insufficient, that will hamper the clause’s benefit.

What survey or review have the Government undertaken, or do they plan to undertake, to ensure that there are no physical barriers to the use of screens in this way? I suspect that, on a physical basis, it is easier to have screens just in one direction rather than two, and it probably involves different equipment and facilities. It would be good to get the Minister’s view on any barriers that might practically limit the intention of this measure.

[Jess Brown-Fuller]

Clause 12 stipulates that when a direction allows evidence by live link or pre-recorded cross examination, screens must also be provided unless that would be contrary to the interests of justice, such as due to preventing the adequate testing of evidence. It also clarifies under a special measure direction that a screen may be used to prevent either the witness from seeing the accused or the accused from seeing the witness. The Liberal Democrats welcome the clause.

Vulnerable and intimidated witnesses are entitled to a number of additional measures to protect them from defendants. When the Law Commission conducted a review of these measures in relation to sexual offences cases, it came up with a number of recommendations, although the Government have chosen not to take forward some of them, such as introducing automatic entitlement for sexual offence complainants or providing complainants with independent legal advice on their entitlement to special measures.

It would be helpful to understand from the Minister why the Government chose not to introduce those recommendations, which would have turned special measures into almost standard measures. The blanket introduction of these measures would save administrative time and cost. I recognise that this is anecdotal, but the judges I have spoken to have said that if they get a request for special measures, they never refuse it.

Surely by reversing the onus and introducing the special measures as standard, we would still provide an opportunity for victims to opt out of those measures if they have a particular desire to see, or to look into the eyes of, their defendant, but if they did not wish to do so, they would be, at the very minimum, provided with protections. If this was the standard approach, it would also give more women—this affects mostly women—the confidence to come forward knowing that their court experience is going to protect them.

On a recent visit to Chichester Crown court—I thank the Minister for committing to reopening that court fully—His Majesty’s Courts and Tribunals Service talked about creating videos for those who are coming to give evidence, with the opportunity to have a virtual walk-through of the court. If vulnerable witnesses and victims were able to watch a walk-through to see exactly what measures could be put in place as standard to protect them, I imagine that would provide much more reassurance than saying, “This is what you are seeing, but there are also additional special measures that you can apply for.”

Introducing these measures as standard would also take away the stigma of being associated as a vulnerable witness. We talk a lot about victims. Some victims do not want to be described as victims; they want to be described as survivors. We talk about vulnerability. If we had these measures as standard, we would be acknowledging that vulnerability is expected, but that there is no stigma around it and that the courts have mitigated it, without being asked to do so.

The measures are backed by various victims groups, such as Women Against Rape, and by the Victims’ Commissioner. It would be helpful if the Minister could highlight whether the Government plan to go further and make these special measures standard.

[Sarah Sackman]

I thank the hon. Member for Chichester for the points she raised. In many respects, they are well made, and they consider people’s choice architecture—for want of a better phrase—their understanding of what they might be entitled to request, and whether we should default to providing all the special measures or maintaining, as we say we should, a tailored case-by-case assessment of the needs of the witness or the complainant. It is a tricky one.

We want to make sure that, where there is a proper basis for it, special measures can be provided to those who need them and where the judge agrees that they are needed. The hon. Member is right that in the vast majority of cases, the request for special measures or to give evidence by video link is approved— it is almost always approved—but there might be cases when, for reasons of trial fairness, that is not the case. The tailored approach is one that we regard as proportionate.

This also relates to the points made by the hon. Member for Bexhill and Battle about court layout and some of the physical constraints that exist within some of our Crown courts. We do not want a postcode lottery. We want consistency, which is what so much of the Bill is designed to achieve. However, we also have to acknowledge that in some of our Crown court centres, the physical constraints are real. That does not necessarily relate to screens, but it might relate to the entrance and exit. For example, there are limitations on the ideal situation of a complainant being able to avoid having to pass a defendant, which might be undesirable for all sorts of reasons. There are some courtrooms in which that simply is not possible without huge capital investment to change the physical structure.

Hon. Members have raised legitimate points and I understand the thinking behind them. We think that in the circumstances, and given that victims have a wide range of needs, a tailored approach, based on a detailed needs assessment, is the most effective approach, but we will continue to consider the situation.

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

Clause 13

Witness to be accompanied while giving evidence

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[Sarah Sackman]

I understand the point. In the circumstances, I would prefer to take officials’ advice and check that the legislation is doing what it intends to—providing a consistent practice of professional witness support, while maintaining trial fairness. I do not want to misdirect myself or the Committee.

[Jess Brown-Fuller]

My understanding of the legislation is that an independent supporter would be a recognised professional, but that does not exclude someone who may have a relationship outside their recognised profession with the person they are independently supporting. I wonder if clarification could be introduced—similar to what I think amendment 70 tried to achieve—to ensure that any relationship outside the professional role would have to be declared in front of the court. That would make it clear that, ideally, the only relationship between a witness and the independent supporter should be a professional one, and that any other one would have to be declared.

[Sarah Sackman]

I think all of that is right, but I would prefer to take the matter back to the Department and check that we have a common understanding. I do not want to do this on the hoof if I do not have the full information before me. I think that is the intention—the presumption is that it applies only to professional supporters. I suppose it is ultimately up to the court if a family member sits with the person, if that is deemed necessary in the interests of justice.

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[Dr Mullan]

As the Minister points out, this clause interacts with the issue of transparency in the justice system. I recognise that the Minister thinks it attempts to strike a balance by clarifying the categories of people who may not be excluded, such as representatives of news organisations, witness supporters and approved researchers. The aim is to ensure that, while a witness may be shielded, the trial remains professional and legitimate.

However, we do not want the measure to have the unintended effect of narrowing public scrutiny, including by ordinary members of the public, who the Minister will accept are not necessarily there to intimidate or have any impact on the witness—they might not be even connected to the case. It should be assumed that people in this country can just turn up to a courthouse and watch a case, as they currently can, and as I have in the past.

Sad to say, but we have seen recently that practical transparency can be very difficult to achieve. We had the whole debacle with the Courtsdesk archive, which hugely assisted transparency in our legal system. The Opposition certainly do not feel that the Government’s initial response to that demonstrated that they were as committed to transparency in the justice system as they should be. It was only the effort of Opposition Members and media campaigners that secured a U-turn. We must ensure that these powers are used only when the interests of witnesses genuinely outweigh the public’s right to witness proceedings—although I note that the clause does not create an automatic entitlement for persons to be excluded.

We have discussed the availability of transcripts, and it would not be unreasonable to link the two issues. If people are excluded, I do not see why that could not become a trigger for making available those elements of the evidence that the public are for that reason unable to hear at first hand. I do not think the Minister is suggesting that the people in the gallery cannot hear the evidence; it is just about the impact on the witness of them being there. If that is happening and we accept that that is a break from the norm, it would be reasonable to say that transcripts of the elements that were not open to public scrutiny should be more widely available.

If the powers are enacted, it is important that the Government monitor their use going forward. They should have a clear position that they would be open to reforming or even removing the powers if they think they are not operating as intended.

We will not oppose these measures, but the Lords will want to look at them and ensure that we are excluding as little as possible. I accept the Minister’s point that, at the minute, nobody is getting excluded because of worries about how the provision operates, but that does not mean that we should just accept a new way of doing things when it could be better refined. If the Minister could clarify the point about transcript availability, it would demonstrate some good faith by ensuring that people can see for sure that we are not attempting to stop people from hearing what is going on in a courtroom.

[Jess Brown-Fuller]

I seek clarification from the Minister about the reference in clause 14 to

“representatives of news gathering or reporting organisations”.

Earlier, the hon. Member for Reigate raised the practice of live tweeting from court proceedings. I would appreciate it if the Minister set out her understanding of who would come under “a representative of a news gathering or reporting organisation”. With the rise of social media, and with more people getting their news online on things like X, we can have lots of news organisations with self-professed journalists or online commentators who are acting in the interests of providing online journalism, but who do not hold any form of accreditation or any official role as a journalist. It would be helpful if the Minister could explain who legitimate members of the press will be under this measure. Will they have to be recognised journalists? Will they have to have a press pass? Or can they say, “I’m here, in the interest of journalism, to live tweet the events because I am a self-employed journalist”?

[Sarah Sackman]

I am grateful for those questions and comments, because, through clause 14, we are seeking to strike a balance. At the moment, in the instance that I gave an example of, the balance is all one way. Of course we want open justice, but that is not the same, as can be the case, as having essentially a mob of people in the gallery whose mere presence is almost certainly intended to intimidate witnesses. Empowering the court to exercise discretion, while retaining the presence of at least one person connected to the defendant and protecting those representatives of newsgathering or reporting organisations, strikes the right balance.

On the question about everyone being a citizen journalist now, subsection (4)(b) refers to

“representatives of news gathering or reporting organisations”.

It refers to those who carry accreditation because they are a member of an organisation, not those who are self-appointed. I am happy to come back to the hon. Member for Chichester with clarification about that. When we talk about reporting restrictions and how they operate, they generally operate in connection with qualified journalists who are subject to the codes of conduct that go with that job. Indeed, that is something that arose with some of the issues in relation to Courtsdesk, because those who make use of that facility and that information, as opposed to the material that the public are entitled to see, are investigative journalists. I am happy to come back to the hon. Member with clarification, and if we think the legislation needs tightening up for the reasons she has outlined, then that can be looked at in the future.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15

Editing of video recorded cross-examination and re-examination

Question proposed, That the clause stand part of the Bill.

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[Jess Brown-Fuller]

I beg to move amendment 14, in clause 17, page 30, line 10, at end insert—

“(3) The Lord Chancellor must, within six months of the commencement of this section, lay before both Houses of Parliament a report on the resources required to give full effect to the repeal of subsection 2A in Section 1 of the Children Act 1989.—

‘(1) The report under subsection (3) must include—

(a) an assessment of the level of legal aid provision necessary to ensure that parties in child arrangements proceedings are able to obtain timely and effective—

(i) advice, and

(ii) representation

particularly where allegations of domestic abuse or safeguarding concerns are raised;

(b) an evaluation of the capacity of the family courts, including—

(i) the number of judges,

(ii) court staff, and

(iii) available hearing time,

to undertake robust risk assessment and fact-finding processes in line with Practice Direction 12J;

(c) plans to address any shortfalls in judicial training, including—

(i) training relating to coercive control,

(ii) domestic abuse dynamics, and

(iii) child safeguarding.

(d) proposals for investment in the family court estate and technology to ensure—

(i) the repeal operates effectively, and

(ii) decisions are consistently grounded in the welfare and safety of the child.’”

This amendment requires the Government to set out how the family courts and legal aid system will be resourced to give full effect to the repeal of the presumption of parental involvement.

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

New clause 16—Protective relocation and presumption of reasonableness—

“(1) This section applies to family proceedings in which—

(a) a parent (‘the relocating parent’) has relocated, or proposes to relocate, with a child; and

(b) it is alleged that such relocation has adversely affected, or is intended to affect, the child’s relationship with another party.

(2) Where the relocating parent demonstrates that the decision to relocate was made in consequence of domestic abuse, and this is supported by documented advice from a relevant authority or support service, there is a presumption that the relocation was reasonable and in the best interests of the child.

(3) For the purposes of subsection (2), ‘documented advice’ includes advice, guidance, or referral from—

(a) a police force;

(b) a local authority exercising social services functions;

(c) a Multi-Agency Risk Assessment Conference (MARAC); or

(d) an Independent Domestic Violence Adviser (IDVA) or equivalent specialist support service.

(4) The presumption in subsection (2) can be rebutted if the other party demonstrates, on the balance of probabilities, that the relocation is not reasonable or not in the best interests of the child.

(5) In determining whether the presumption has been rebutted, the court must have regard to—

(a) the nature and impact of the domestic abuse;

(b) the circumstances in which the advice or referral was given; and

(c) the welfare of the child as the court’s paramount consideration.

(6) The court may disapply the presumption in subsection (2) where it is satisfied that—

(a) the evidential basis for the documented advice is insufficient; or

(b) it is otherwise necessary to do so in order to safeguard and promote the welfare of the child.

(7) In this section—

(a) ‘domestic abuse’ has the same meaning as in section 1 of the Domestic Abuse Act 2021;

(b) ‘child’ means a person under the age of 18;

(c) ‘family proceedings’ has the same meaning as in section 75(3) of the Courts Act 2003.”

This new clause introduces a rebuttable presumption that a parent’s relocation with a child, undertaken in reliance on documented advice from authorities or support services in the context of domestic abuse, is reasonable and in the child’s best interests, unless the contrary is shown.

New clause 20—Determination of domestic abuse allegations and related presumptions—

“This section applies in family proceedings in which—

(a) party A alleges that party B has perpetrated domestic abuse, and

(b) the court is invited to consider whether a party A has engaged in conduct intended, or having the effect of, undermining a child’s relationship with another party.

(1) Where this section applies, the court must determine, as a preliminary issue, any allegation of domestic abuse before considering any allegation falling within subsection (1)(b).

(2) The court must treat the determination of allegations of domestic abuse as a matter of priority and, so much as reasonably practicable, must not proceed to determine any issue relating to the child’s relationship with either party until such allegations have been determined.

(3) Where the court finds, on the balance of probabilities, that party B has perpetrated domestic abuse against another party or the child—

(a) there shall be a rebuttable presumption that any reluctance or refusal by the child to spend time with party B constitutes a reasonable and justified response to the domestic abuse; and

(b) the court must not consider any allegation that party A has engaged in conduct falling within subsection (1)(b) unless satisfied that the presumption in paragraph (a) has been rebutted.

(4) For the purposes of subsection (4)(b), the presumption may be rebutted only where party B demonstrates, on the balance of probabilities, that the child’s reluctance or refusal cannot be reasonably attributed to the domestic abuse.

(5) Subsections (2) to (5) apply only where the allegation of domestic abuse meets such minimum evidential threshold as may be prescribed by rules of court.

(6) Notwithstanding the above, the court may disapply the presumption in subsection (4)(a), or the requirement in subsection (2), where it is satisfied that to do so is necessary to secure the welfare of the child as its paramount consideration.

(7) In this section—

(a) ‘domestic abuse’ has the same meaning as in section 1 of the Domestic Abuse Act 2021;

(b) references to a child are to a person under the age of 18;

(c) references to ‘family proceedings’ have the same meaning as in section 75(3) of the Courts Act 2003.”

This new clause requires courts to determine domestic abuse allegations before considering claims of parental alienation. If abuse is proven, a child’s reluctance to see the abusive parent is presumed a justified response. This presumption must be rebutted before the court can entertain allegations of alienating behaviour against the protective parent.

New clause 31—Determination of domestic abuse allegations and related presumptions—

“(1) There is a rebuttable presumption that any reluctance or refusal by a child to spend time with a party against whom the child, or a party representing the child, has made allegations of domestic abuse constitutes a reasonable and justified response to the domestic abuse.

(2) The presumption in subsection (1) may be rebutted only where the accused party demonstrates, on the balance of probabilities, that the child’s reluctance or refusal cannot be reasonably attributed to the domestic abuse.”

This new clause provides that, in family court, where a child refuses or is reluctant to spend time with one party as a result of an allegation against that party of domestic abuse against the child, the court must presume the reluctance or refusal is reasonable.

I remind hon. Members that any Divisions on new clauses will come later.

[Jess Brown-Fuller]

Amendment 14 would require the Government to set out how the family courts and legal aid system will be resourced to give full effect to the repeal of the presumption of parental involvement. It would necessitate a report being laid by the Government on the impact of repealing the presumption of parental responsibility. We are in favour of clause 17, but the amendment focuses on the impact of the provisions on legal aid and the capacity of family courts, judicial training and investment in the family court estate. Repealing the presumption of parental responsibility will lead to a need for more legal advice, as well as changes in hearings and court practices. It is important that the Government report on those changes to the House. We hope that they accept the need for a report.

Clause 17 will repeal the presumption of parental involvement in the Children Act 1989. The presumption was originally introduced to ensure that both parents could maintain a relationship with their children after separation. However, there have been long-standing campaigns to repeal the presumption, with evidence emerging—I say emerging, but it is long-standing evidence—that children could be left at risk of harm. The change will mean that the courts will no longer start from the assumption that parental involvement is always in the child’s best interests.

A key campaigner for this change, working with Women’s Aid, is Claire Throssell, who the Committee had the opportunity to hear from during the evidence session. Claire’s children, Jack and Paul, were killed by their father, who locked them in the attic and set fire to the house. If there was any moment that we all will remember for a very long time, it was Claire holding the images of her children before the incident and afterwards. I commend her for her bravery and for the way that she was able to speak so clearly not just for herself, but for all the families who have experienced devastating bereavement in that way—fighting for the children who will come after.

A family court judge, guided by the presumption, decided to allow Claire’s ex-husband unsupervised access to their children, despite evidence that he had threatened to harm both her and them. Since Women’s Aid first reported on the issue in 2004, 67 children have been killed by perpetrators of domestic abuse through contact arrangements, with 19 further child deaths documented in the decade to September 2024 alone.

The Lib Dems are in favour of the shift in law away from the presumption of parental involvement. Although the Bill seeks to repeal the presumption, there is a pro-contact culture in the family courts, as described by Farah Nazeer of Women’s Aid, who we also heard from in the evidence session. Will the Minister lay out what will be done to support the cultural reform of the family courts to ensure that this is a pivotal moment for victims of domestic abuse, who for so long have had their concerns around their children’s safety dismissed?

Claire spoke to that point in the evidence session. When I asked her what she believed the next steps should be, she said:

“What I would like to see moving forward is an understanding of what it looks like without presumption of contact; what good practice looks like; understanding trauma; understanding what coercive control is; understanding emotional abuse. We all understand physical abuse—it is there; we see it. What we do not understand is the emotional abuse and the scars that we carry. We must always look from the position of actually seeing a child, hearing a child, believing a child, protecting a child, and we must go from this basis.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 58, Q110.]

New clause 16, which I also tabled, is a probing amendment that I will not press to a vote, but I wish to discuss it further. It would introduce a rebuttal presumption that a parent’s relocation with a child in the context of domestic abuse, undertaken in reliance on and with documented advice from authorities or support services, is reasonable and in the child’s best interests, unless the contrary is known.

New clause 16 would allow a parent to relocate with a child if they have evidence or advice from a domestic abuse support service or authority. It would require the court to assume that the move is reasonable and place the burden on the other parent to prove that the move is not in the child’s best interest.

The new clause is aimed at making it easier for victims of domestic abuse to leave their situations safely, and to prevent them from being forced to remain near their abusive ex-partners. Currently, the legal framework does not adequately distinguish between a parent who removes a child to protect them and a parent who removes a child to punish the other party. Our new clause would not remove safeguards in respect of alienation, but would instead shift the dial towards believing and protecting victims of domestic abuse.

The new clause is supported by Fair Hearing, which shared multiple examples of its work with courts that failed to give proper weight to the relevance of domestic abuse in relocation decisions. In one such case, a mother who had experienced severe physical, sexual and psychological abuse had been forced by her partner, during the relationship, to move with their children to an isolated rural area. After leaving him, she sought permission to return to her home town, where she had family support and greater safety. The court none the less required her to remain in an isolated cottage near her abuser, failing to give proper weight to the impact of the abuse, or to her need for safety and support. Cases of that kind illustrate the consequences of a framework that, in its operation, too often treats a survivor seeking to relocate for safety no differently from any other parent seeking to move for lifestyle or preference reasons.

I make the point to the Minister that this could happen to any of us. So often, abuse does not start on day one, when the partner suggests that we move somewhere lovely and will be really happy there. I am a very long way removed from the version of myself who made the decision to follow a boy three hours away from my family in my early 20s. He turned out not to be the great guy I thought he was when I made that decision. I escaped from that situation, but had I stayed and ended up having children, the idea that I would have been trapped in a city that was not mine, away from my family, who were my support network, is too scary to bear. I remind the Minister that it could happen to literally any one of us.

Wider campaigns from Women’s Aid, SafeLives and Refuge have focused on ensuring that survivors can relocate to escape abuse. As subsection 2 of the new clause outlines:

“Where the relocating parent demonstrates that the decision to relocate was made in consequence of domestic abuse, and this is supported by documented advice from a relevant authority or support service, there is a presumption that the relocation was reasonable and in the best interests of the child.”

Under the new clause, the documented advice would include evidence from a police force, social services, a multi-agency risk assessment conference or an independent domestic violence adviser. We look to work closely with the Government on this issue, and I hope they recognise the need to go further, but I will not push new clause 16 to a vote.

I will speak briefly to new clause 20, also tabled in my name, which would introduce a statutory presumption that where domestic abuse is alleged, the court must make findings on the allegations before considering any claim that a parent has sought to undermine the child’s relationship with the other party. If one parent alleges domestic abuse and the other alleges alienating behaviour—that is, influencing the child against them—the court must decide the domestic abuse allegations first. The court cannot move on to contact issues until that is decided. If the court finds domestic abuse, a child’s reluctance to see that parent is presumed to be justified. That presumption can be overturned only with evidence. If abuse is proven, courts cannot consider claims of alienation until the alleged abusive parent proves the child’s resistance is not due to abuse.

Campaigners have long argued that the family courts have been used by abusers to retraumatise victims and have over-prioritised contact between parents and children. It is estimated that around 60% to 90% of child arrangement cases in the family court feature allegations of domestic abuse. In 2020, the report entitled “Assessing Risk of Harm to Children and Parents in Private Law Children Cases” highlighted serious issues with how the family court system addresses domestic abuse in child arrangement cases. It said that those issues were underpinned by a pro-contact culture, silo working, an adversarial system and resource constraints.

A 2023 report by the Domestic Abuse Commissioner stated:

“Victims and survivors and their advisors reported concerns that raising domestic abuse as an issue often risked the retaliatory use of so-called ‘parental’ alienation narratives by parties against whom domestic abuse had been alleged as a counter-claim, leading to worse outcomes for adult and child victims and survivors.”

Five years on from the harm report, the Domestic Abuse Commissioner found that despite overwhelming evidence of domestic abuse in most cases, a pro-contact culture and a failure to recognise abuse still contribute to decisions that may put children in harm’s way.

This can be considered a probing amendment; I will not press new clause 20 to a vote. We will be looking to work closely with the Government to make progress in this area. The new clause would tilt the dial slightly towards victims of domestic abuse by ensuring that courts properly examined cases before considering issues of alienation. It would prioritise the safety of victims of domestic abuse, whether partners or children, by requiring these allegations to be addressed first.

It is also sometimes argued that children resist contact with certain parents because of manipulation. Our proposal would ensure that courts did not assume that manipulation first, but it would also have safeguards. It would not allow domestic abuse organisations to submit evidence; instead, it would be the authorities, social services and an independent domestic violence adviser who would do that. A minimum evidential threshold would also have to be met.

[Dr Mullan]

I want to begin by acknowledging the gravity of what we heard in evidence in Committee. As the Liberal Democrat spokesperson, the hon. Member for Chichester, pointed to, the evidence from Claire in relation to her children will stay with all of us. It was so moving and so upsetting for anyone thinking about how they would feel in that scenario. There was also the testimony of other parents who have lost children, and survivors of domestic abuse, who felt let down by a system that prioritised contact over their safety. That testimony matters. The Committee has a duty to take it incredibly seriously and give it the maximum possible weight.

We also have a duty to legislate carefully, however, and when it comes to legislating I do not think there are many areas of human frailty and human complexity that are more complicated than this. As anyone with any experience of the family court—and of life generally and the interactions between families who split up—will agree, all these things are incredibly complicated. When we seek to be prescriptive about how exactly a court should or should not seek to do things, that is fraught with risk and potential unintended consequences, just as today we are discussing the unintended consequences of a measure that may have been brought in for good reasons.

We must think very carefully, therefore, when it comes to the repeal of section 1(2A) of the Children Act 1989, and particularly about whether we think that will achieve what it promises. I make no apologies for saying that I want to consider this in some detail and that we will want to follow the discussions on it in some detail as the Bill progresses. Although we are not seeking to oppose the repeal at this stage, it is certainly not something—as opposed to some other measures—that is without the need for further scrutiny.

I want to say plainly that the courts, social services and CAFCASS have made serious mistakes in the past—importantly, both before that provision was inserted in 2014 and since—and those serious mistakes have cost children their lives. However, the question before us today is whether repealing the presumption will fix the mistakes or whether it might distract from the need for much deeper reforms and more complex and difficult work than can be achieved by a simple measure in a Bill.

Let me deal with the most important point: the presumption introduced in 2014 does not give any parent an automatic right to contact. It is important that we recognise that. It does not override the paramount principle in the law. I think we probably all remember the evidence given by one of the barristers in Committee, who was clear that while they thought the presumption could be repealed, the law as it stands does not allow the desire for a parent to have contact to override the welfare of a child. It also does not override the welfare checklist, or require courts to make an order that places children at risk.

The presumption establishes a starting point that, where it is safe to do so, children should generally benefit from the involvement of both parents. That starting point can be rebutted, but it expressly does not apply where a parent’s involvement would put the child at risk. In its written evidence, Both Parents Matter describe it as a “statutory benchmark”, not a straitjacket.

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[Rebecca Paul]

No, I’m okay.

I would gently say to the hon. Member for North West Leicestershire that I hope she has heard—and even seen—enough from me to know that I am here to protect children. Of course I am horrified by any loss of a child, but my point is that I am trying to step back, be objective and say, “What is the reason that those children lost their lives?”. I am not convinced that it was the parental presumption—I am not saying that I am right on that; I am just open-minded to it.

I have seen a particular case quite closely—I should declare that I am a serving county councillor in Surrey—and that is the case of Sara Sharif. I have gone through the safeguarding reviews in a huge amount of detail; it affected all of us councillors in Surrey greatly. It was an absolutely awful case. So many things went wrong throughout her life. From the family courts to social services, her GP and the school, there was just a barrage of failure that led to that poor little girl being murdered, and that absolutely could have been prevented.

People might argue, “Well, if we had removed the parental presumption, that would have saved her.” Having gone through all that, I can tell the hon. Member that, in that case, it would not have done anything. It was safeguarding failures. People just made mistakes. They got things wrong. They were too worried about offending people to take the right actions.

What I am saying today is just that it is really important, when we look at these things, that we diagnose what went wrong. We have to do that quite objectively. That is difficult when we are hearing from lots of different people who have gone through awful things, but our job is to try to not be emotional—I say that having got emotional myself—and to look at it logically. At the end of the day, we all just want to deliver the outcome that protects children. That is what all of us on this Committee want to do. But it is important that we can talk about that without the hon. Member suggesting that I somehow do not care about children, because what I am trying to do is to have that objectivity, because it matters to me so much that we do protect those children that I want us to have that proper debate and to say, “Is this really the right way or are there other things we can be doing? Do we need to do multiple things? Maybe this isn’t enough.” I am not saying that we should not do it; I am saying that we just need to make sure that we have thought this through.

I will be really keen to hear from the Minister; I know this really matters to her as well, and she will have done that thinking, so I look forward to hearing her thoughts on the challenges I have brought up today. But, as I say, I keep an open mind, and we all share the same objectives.

[Jess Brown-Fuller]

Am I right in thinking that the hon. Member agrees with me that, when we are trying to legislate for what the most complex part of our justice system—families—that is an incredibly hard job? We all know from personal experience that the one thing that binds us all is that we have a family; we might disagree on whether they are good ones or bad ones, and whether we get on with them or not, but we all came from somewhere, and they are complicated things.

Across the House, we all share the desire to ensure that we recognise the complexity of family relationships and protect those most vulnerable in our society by making sure that people do not have the right to still have contact with their children when they have done things that mean that they absolutely should not. However, we also recognise that systems are abused, and we see that in all directions; people will always find ways of getting around systems, or of using the criminal justice system to retraumatise or to hold on to some form of control. Does the hon. Member therefore agree with me that, while what we are trying to do here is really complex, we are all doing it for the right reasons?

[Rebecca Paul]

I completely agree with the hon. Member. I appreciate the fact that she has tabled these amendments and that she recognises that it is not easy to strike this balance, particularly when we are trying to address abuse and alienation cases and it is sometimes hard to know what situation we are dealing with.

We are trying to come up with a system that protects as many people as we possibly can, but I think we also have to acknowledge that it will never be perfect. If anyone thinks that we can change one bit of law and then all of a sudden nothing horrible will ever happen again, I am afraid to say that these awful things will always happen, and things will always go wrong. It is about trying our best to have a framework that gets the balance right.

I will stop there—I have probably made my point. This has been a really good debate, and I look forward to hearing from the Minister about some of the points I have raised.

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[Jess Brown-Fuller]

I recognise that the amendment is limited in scope because the Bill is limited in scope, especially when it comes to the family court. Perhaps rather cheekily, I was trying to get a report on the general health of the family court system because so many organisations tell Members across the House that they are really concerned about a lot of the systems sitting in the family court, not just the parental responsibility piece. I remain hopeful that we will see family court legislation introduced, as the Minister will be aware that I have requested in multiple oral questions in the Chamber.

I am aware that the report required by the amendment would be specifically about the repeal, but we need a health check of our family court system because a lot of people are sounding the alarm about the concerns they have with that system.

[Sarah Sackman]

The family justice strategy, which will be forthcoming in July, will address a lot of what the hon. Member asks for. It will set out where the Government think reform is needed, and it will bring together what we are already doing with our child-focused courts programme, which is accompanied by a £17 million investment. We believe in that model, which we think has huge merit. It will be available to people regardless of where in the country they live.

More generally, we are introducing the funding that the Lord Chancellor has allocated to sitting days for family hearings, the targeted recruitment of more judges, more fee-paid judges, the greater use of virtual hearings—which can be a supportive measure for people giving evidence, not just an efficiency measure—and training.

The hon. Member for Chichester will know that the Domestic Abuse Commissioner has also undertaken detailed work in this area through her “Everyday business” report, which talks to some of the resourcing constraints faced by the family court. That work forms part of the commissioner’s report on a family court reporting mechanism, which is designed to provide ongoing evidence-based scrutiny of the family court’s response to domestic abuse in particular, and to highlight where systemic improvements are needed, so we have other accountability measures shining that light. If the hon. Member for Chichester awaits the strategy—she will no doubt want to take a look and critique parts of it—I think a lot of it will address some of the concerns she raises.

As I said, before proposing the repeal of the presumption, we carefully assessed the impact it would have. We do not overstate it, but it is important because the change affects the judicial process, not the underlying reasons why families come to court. Because we do not expect it to increase case volumes, case length or demand for legal aid, we think that the current arrangements can meet it, but there are so many other improvements that we want to drive.

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We always say that the loss of one life is one too many. If any of these changes saves one life, they will have been worth making. With that in mind, I commend clause 17 to the Committee.

[Jess Brown-Fuller]

This has been a robust and important debate, and there are strong feelings on both sides of the argument. As I said earlier, we are legislating in a complex area. I think the shared opinion is that the intention is correct. Some of the questions that have been asked are legitimate, but I know the Minister is keen to work collaboratively. I will not press my two new clauses to a vote—they are probing amendments to open up the conversation—but amendment 14, which would require a report as a health check for the family courts, is important, so I will press it to a vote.

Question put, That the amendment be made.