Victims and Courts Bill

Louise Haigh Excerpts

Report stage
Monday 27th October 2025 Commons Chamber

[Alex Davies-Jones]

I echo those sentiments entirely It has genuinely been my privilege to hear her story, and to work with her to ensure that this measure stops rapists taking an active role in a child’s life when that child was conceived as a result of rape. I cannot imagine the enormous complexity that mothers such as her face in this situation, and I am in awe of her bravery and that of so many others. This measure will ensure that rapists cannot take active steps in a child’s life when that child has been conceived as a result of the crime for which they have been convicted.

In order to protect as many children as possible, our measure features a two-track process. When the Crown court is satisfied that a child was conceived as a result of rape, it must make a prohibited steps order restricting the offender’s parental responsibility, unless it is not in the interests of justice to do so. We recognise that rape can occur within an abusive relationship, and that this may make it difficult to prove at a criminal trial that it led to the child’s conception. When that is the case, but the court considers that the rape may have led to the conception of the child, it will refer the matter to the family court via the local authority. This two-track process sends a clear message that we will protect all children born of rape, no matter what the circumstances.

The Government recognise the clear risk that serious child sex offenders pose to their children, which is why we tabled amendment 10, which will expand clause 3 of the Bill. It means that when someone is sentenced to four or more years for serious child sexual abuse, against any child, the courts will automatically restrict their parental responsibility. The process will remain the same: at the point when an offender is sentenced, the Crown court will be required to make a prohibited steps order restricting the offender’s exercise of parental responsibility for all children for whom they hold it. For offenders to be in scope of the amendment, they will have demonstrated that they are unable to protect children and to consider their welfare. That is why it includes all serious child sexual abuse offences against all children. Unlike the last Government’s plans in the Criminal Justice Bill, this proposal is not limited to offences of child rape. What is more, unlike the last Government, this Government will actually deliver on it. We are taking this important step today to protect even more children by preventing these individuals from taking active steps in their children’s lives.

We have recognised the strength of feeling on this issue, and I am grateful to Members—especially my hon. Friend the Member for Bolsover, whom I have already mentioned, but also my hon. Friend the Member for Lowestoft (Jess Asato), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), and Baroness Harman. They have been unwavering in their advocacy for the protection of children. Safeguarding children is of the utmost importance to this Government, and amendment 10 ensures that we are doing just that.

[Louise Haigh (Sheffield Heeley) (Lab)]

My hon. Friend has just mentioned some pioneering women in the House who have campaigned on this very issue for a number of years, but today’s amendment stands on the shoulders of the brave victims and survivors who have spoken out for so long. It will correct a historic injustice whereby, while children are protected from convicted sex offenders and paedophiles, their own children are not, through no fault of their own. This Government are now taking steps to ensure that children and their parents are protected from these vile sex offenders.

[Alex Davies-Jones]

My right hon. Friend is right. The Bill is a testament to those brave victims and survivors who have spoken out about this injustice, and it is this Government who are correcting that. My right hon. Friend also said that the amendment stands on the shoulders of brave, brilliant women in this place who have come before us and are still here, and it is apt for me to pay tribute to her as well, because new clause 13, concerning the misuse of nondisclosure agreements, is a testament to her brilliant campaigning.

The Government are very clear about the fact that NDAs must not be used to silence victims or witnesses of crime. Victims must be free to tell their truth, to seek help, and to warn others. New clause 13 will void NDAs to the extent that they seek to prevent a victim or a direct witness from speaking about criminal conduct to anyone, and for any purpose. It will also protect disclosures about how the other party responded to the conduct or allegation, so that victims are not prevented from sharing the full context of their experience. It builds on the Employment Rights Bill, which addresses the use of NDAs in cases of workplace harassment and discrimination. It will bind the Crown, but will not apply to a narrow cohort of specified agreements for national security reasons. It includes regulation-making powers to define “excepted NDAs”, where both parties genuinely wish to retain confidentiality, and to ensure that certain disclosures will always be permitted. Once commenced, this measure will replace section 17 of the Victims and Prisoners Act 2024, which allows limited disclosures to certain bodies. Together with the Employment Rights Bill, we are taking the necessary steps to ensure that NDAs cannot be misused to silence victims or obstruct justice.

Let me now briefly address a number of other concerns that have been raised and led to the tabling of amendments. I will not pre-empt what will be said later today, and I will give Members the time to make their cases. However, I again thank those in all parts of the House for engaging with me and setting out their concerns.

New clause 2, tabled by my hon. Friend the Member for Bristol East (Kerry McCarthy), would place a statutory duty on the Crown court and His Majesty’s Courts and Tribunals Service to determine whether an offender has parental responsibility for a child following sentencing. The new clause is well intentioned, but it risks creating practical difficulties. Determining whether a person holds parental responsibility, has dependent children or has children living in their household may require interpretation of family court orders, birth records or informal care-giving arrangements. These are matters for the family court; imposing such a duty on the Crown court risks delaying sentencing. This Government gave a manifesto commitment to identify and provide support for children affected by parental imprisonment, and the Ministry of Justice and the Department of Education are working together to determine the best way to deliver on that commitment and ensure that every child gets the support that it needs.

The right hon. Member for Newark (Robert Jenrick) and the hon. Member for Chichester (Jess Brown-Fuller) have tabled amendments to remove the four-year custodial threshold that applies to clause 3, and to expand the number of cases in which the clause will apply. This is not simply about when parental responsibility should be restricted; it is about when that restriction should happen automatically. We need to be mindful that this is a very novel proposal. Removing the threshold would add a very large number of cases to what is an untested approach. More cases will also mean more applications to the family court, and it is important we do not overwhelm the court and create delays that would put the vulnerable children already in the system at further risk.

We want to be sure that there are no adverse consequences for those children and their families who are already in the family court. That is why we have sought to keep these measures narrow, so that we can understand exactly how they are working in practice and what the impacts are. As I said on Second Reading and in Committee, this is just the beginning. As part of the implementation of these measures, we will seek to understand how they operate in practice and ensure that there are clear routes through the family court for the restriction of the parental responsibility of any perpetrator who does not fall into this category.

The right hon. Member for Newark has tabled amendments on the unduly lenient sentencing scheme. Parliament intended the scheme to be an exceptional power, and I recognise the importance of finality in sentencing to avoid ongoing uncertainty for victims, those convicted, and society more broadly about the sentence to be served. However, I also recognise the exceptionally difficult circumstances for victims and their families in making a referral to the Attorney General within the 28-day limit.

The Law Commission is carrying out a review of criminal appeals, and held a public consultation that sought views from a range of individuals on reforms to the ULS scheme, including extending the time limit and offences in scope. The Government will , of course, carefully consider the review’s final recommendations, but I can assure Members on both sides of the House that I have heard the strength of feeling on the ULS scheme. The amendments that have been tabled on the matter raise important issues, and I will continue to look at the issue carefully as the Bill progresses towards the other place. On that, I make a commitment.

The right hon. Member for Newark has also tabled an amendment on victim personal statements, a topic on which I must pay tribute to my hon. Friend the Member for Forest of Dean (Matt Bishop) for his dedicated campaigning. Victim personal statements can be an incredibly powerful way for victims and their families to tell the court how the crime has impacted them, and for the court to directly hear evidence about the harm caused when considering its sentencing of the offender. This is the victim’s voice in the courtroom.

It is important to understand that these statements are evidence submitted to the court to assist it in determining sentences. As evidence they are subject to strict rules, which the court applies to ensure that the criminal justice process works fairly and effectively. That is why the content is limited to explaining the impact of the crime.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 25th February 2020 Commons Chamber

[Robert Buckland]

The hon. Lady is right to raise the perpetuation of abuse through the court system. That is why the provisions in the domestic abuse Bill relating to the prohibition of cross-examination by perpetrators are so important, and they will remain in the Bill when it is reintroduced. She will remember welcoming it last time. I can assure her that the special measures that we have already taken in the criminal courts, which she knows about, will be replicated in other forums to offer maximum protection and support to victims who get abused in that way.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Given the recent well-publicised judgment in the Court of Appeal on consent and the family courts, does the Secretary of State agree with the President of the Family Court when he said:

“I am confident that every judge and every magistrate undertaking family law proceedings now fully understands…the emotional and psychological harm that may be inflicted by one adult in a close relationship upon the other and upon their children”.

If he does not share the president’s confidence, will he raise that matter with Andrew McFarlane urgently?

[Robert Buckland]

The hon. Lady raises an important point. This relates to a case that enlisted an appropriately high degree of public interest and concern. She will be glad to know that I will be seeing the president tomorrow and that we will discuss this issue. I do share his confidence; he is an extremely experienced family practitioner and judge whose judgment I respect, and I will be talking about that issue, among many others, with him tomorrow morning.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 14th January 2020 Commons Chamber

[Wendy Morton]

My hon. Friend makes some powerful points. She brings to the Chamber experience in legal matters, particularly divorce and family law. Our ambition is to build a society that has zero tolerance of domestic abuse and actively empowers victims, communities and professionals to confront it. We know that the legislation we are introducing will need to be supported by all those on the frontline, and we have started implementation planning for the Bill with all those who will be affected by the provisions.

[Louise Haigh (Sheffield, Heeley) (Lab)]

The previous Government implemented an independent review of the family courts’ treatment of domestic abuse survivors. Domestic abuse survivors across the country will be watching with interest to see how that review is taken forward. Will the Minister meet me to discuss how that review can make the impact that is necessary?

[Wendy Morton]

I have a very simple answer: absolutely. I know that the hon. Lady takes an interest in that matter. We made a manifesto commitment in this area. We are determined to improve the family justice response to vulnerable victims and witnesses, including victims of crime. It is worth noting that in May 2019, we announced a public call for evidence, led by a panel of experts, to gather evidence to help us better understand this. I look forward to meeting her.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 8th October 2019 Commons Chamber

[Lucy Frazer]

My hon. Friend makes an important point about releases on Fridays. It is something that I have been looking at, but whether a prisoner is released on Friday, Thursday, Wednesday, Tuesday or Monday, it is important that they have accommodation and support.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Today’s report by Her Majesty’s inspectorate of probation is one of the most shocking independent inspection reports that I have ever read. Nearly two thirds of children are going on to reoffend. Accommodation, health services and support on leaving custody are all highlighted as failing. How much longer are Ministers going to throw good money after bad in providing more prison places, rather than the targeted investment on education and support that we know helps turn children’s lives around?

[Lucy Frazer]

The hon. Lady makes an important point about rehabilitating people in prison. We have reduced the youth estate over the years, so only the most serious offenders are in prison and we do want to ensure that appropriate sentences are handed down. None the less, education in prison, accommodation on release and universal credit are priorities for this Government.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 9th July 2019 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

Campaigners and I are really pleased that the Government have commissioned a review of the treatment of victims of domestic abuse by the family courts, but we are concerned that survivors’ voices are not at the heart of the panel. I am looking forward to meeting the Minister next week, but will he take this opportunity to confirm on the record how victims and survivors of domestic abuse can participate in the review without fear of breaching gagging clauses imposed on them by the family courts?

[Paul Maynard]

The hon. Lady makes an excellent point. I have already had discussions with the panel’s chairs on how to ensure that as broad a spectrum of people as possible can participate in the panel and its evidence taking. I will take away that point and hopefully have a concrete answer for her by the time we meet.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Edward Argar]

I pay tribute to my hon. Friend for the very powerful and, indeed, very personal speech that he made recently when presenting a ten-minute rule Bill on this subject. I should be happy to meet him, with my officials, to discuss this further.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Given that so many victims of child sexual abuse have spoken out about their horrendous experiences through the family courts, what consideration is being given to a full inquiry into the treatment in those courts of women and girls who have suffered domestic abuse and violence?

[Edward Argar]

I know that the hon. Lady speaks about this subject with passion and knowledge, and that she has championed a number of those who have suffered in the past. She has highlighted a very important point. As she will know, the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), and I—along with members of the judiciary and others—are looking closely into what can be done to ensure that the family courts themselves continue to ensure that the voices of victims of child sexual abuse are heard, and that they are responded to appropriately.

Legal Aid for Inquests

Louise Haigh Excerpts

Wednesday 10th April 2019 Westminster Hall

[Stephanie Peacock]

I give way to my hon. Friend the Member for Sheffield, Heeley (Louise Haigh).

[Louise Haigh (Sheffield, Heeley) (Lab)]

I congratulate my hon. Friend on making a powerful speech, and I thank her for initiating the debate. The point she is making, and the examples she gives, are incredibly important. This debate is about death at the hands of the state, and the families who are trying to improve things so that such deaths never happen again, and the same mistakes—or criminal acts—are not made again. Given what we are talking about, does she agree that it is even more grossly unfair that the state’s legal advice and representation should be so thoroughly weighted against the victims?

[Stephanie Peacock]

My hon. Friend is absolutely right. All we are asking for is a level playing field. At the moment, the situation is totally disproportionate—a point I will come to.

The families of victims require help, accountability and answers, not only for themselves but, selflessly, to make sure that no other family goes through what they have. Instead, they are left by a callous Government to fight alone, their voices denied and excluded from the process. The scale of the discrepancy is a disgrace. In 2017 the Ministry of Justice spent £4.2 million on legal representation for the Prison Service in inquests involving deaths. In the same year the families of those who died were awarded just £92,000 in legal aid. I ask the Minister again: how can we in this place look the families of victims in the eyes and tell them that the current system is fair?

Where families are seeking through truth the knowledge that their loss was not in vain, the state seeks damage limitation through multiple expert legal teams defending the interests and reputations of corporate bodies. Such a staggering inequality of arms is a stain on our justice system. The testimony of those who have experienced it at first hand, kindly provided to me by Inquest, serves to prove it so. The process required to acquire legal aid is complicated, and the effects on those not fortunate enough to be successful are devastating. One father who lost his son in police custody said:

“The legal aid application process was incredibly stressful...the hoops we had to jump through to get funding to represent our son, who died as a result of one of the state agency’s actions, remains a source of anger and hurt.”

Another, who lost his daughter in a care home after a long history of serious mental ill health, said:

“The time, effort, emotional energy, distress that the process has cost me in itself is very damaging. The cost of my legal representation to the State fades into insignificance compared to the cost the State has incurred in the aftermath of my daughter’s death.”

Another who was unsuccessful in their legal aid application said:

“We had to do everything ourselves. We had no lawyer at the inquest. Those three weeks were the most terrifying thing I’ve ever done in my life. I had to cross examine witnesses, it was absolutely terrifying, and they had lawyers. There needs to be a level playing field; a family member should never be put through that.”

Legal Aid: Post-Implementation Review

Louise Haigh Excerpts

Thursday 7th February 2019 Commons Chamber

[Mr Gauke]

First, on the matter of a whole-day debate—it sounds as if this were a continuation of business questions—the hon. Gentleman has made his point. I know that the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), has been replying to Westminster Hall debates on this matter fairly regularly, but I am sure that his point has been noted, and we will of course give consideration to it.

On the overall effect on the courts and justice system, let me make two points. First, it was widely accepted that, after the financial crash, there was going to be a need to bring public spending under control, including in this area, and any responsible Government would have had to make some difficult decisions, including in this area. Secondly, the Government are investing £1 billion in a court reform programme, making sure that we bring our system up to date. In ensuring careful stewardship of public money while also ensuring that we have a world-class legal and justice system, we will have to embrace innovation and technology and do things differently, and I do not shy away from that in any way.

[Louise Haigh (Sheffield, Heeley) (Lab)]

rose—

[Madam Deputy Speaker (Dame Eleanor Laing)]

The prize for patience and perseverance goes to Louise Haigh.

[Louise Haigh]

Thank you, Madam Deputy Speaker.

In the past six years, there has been a shocking 134% increase in the number of parents facing child custody cases without legal representation. Surely the Secretary of State agrees that no parent should find themselves forced into that situation, so what steps is he introducing today to remedy that?

[Mr Gauke]

We are taking adoption cases out of the means test, so that is a change. I have already addressed points about special guardianship orders and unaccompanied minors, so there are steps that we are taking in this area. We already spend considerable sums of money in this field, and I hope that when the hon. Lady has an opportunity to look in detail at some of our proposals, she will see that we are trying to address those concerns. We do not have unlimited sums of money—there is no bottomless pit—but we are taking steps to ensure that the system can work as effectively as possible.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 5th February 2019 Commons Chamber

[Edward Argar]

I was sorry to hear about the dreadful and tragic case of Eystna Blunnie in my hon. Friend’s constituency. Strengthening the protections that are available to victims lies at the heart of the draft Bill. Its provisions include automatic eligibility for special measures in court for domestic abuse victims and, to better protect victims, a new domestic abuse protection order to enforce more stringent conditions on suspected and convicted perpetrators where breach will constitute a criminal offence.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Before Christmas, Sammy Woodhouse and I met the Under-Secretary of State for Justice, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer). Will the Minister update the House on the action taken after that meeting, particularly in relation to guidance issued to local authorities on exemption regarding the duty to notify? Is the Department willing to conduct a review to get to the heart of the scale of the issue that affected Sammy?

[Edward Argar]

I pay tribute to the hon. Lady and to Sammy for their work in highlighting the terrible situation and looking at what more can be done. I know that she had a positive meeting with my hon. and learned Friend and we are determined that the family court system should never be used to coerce or re-victimise those who have been abused. My hon. and learned Friend is liaising with the Association of Directors of Adult Social Services in respect of councils’ obligations and has invited the president of the family division to consider clarifying the practice direction on notification.

Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Louise Haigh Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 12th December 2018 Commons Chamber

This is an important matter, but I hope that the House will not be lured into setting an undue restriction that, with every respect to the intentions of the hon. Member for Bolton South East, could give the impression that Parliament did not trust the independence of the judiciary, because that would certainly not be correct, or that it sought needlessly to circumscribe the way in which judges operate their courts. It is fundamental that we as party politicians—that is effectively what virtually all of us are—should not interfere in the way in which judges organise their workload and the staffing of the courts. As well as being impractical and unhelpful, that could also set an undesirable precedent in which Parliament, as well as setting the statutory framework in which judges operate, sought to delve too closely into the control of the everyday operations of an independent judiciary and court system.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I rise briefly to speak in favour of the amendments tabled by my Front-Bench colleagues. I believe that safeguards need to be in place to ensure that people are properly qualified to make decisions and particularly that contentious decisions should be reviewed by a qualified judge. I want explicitly to address concerns about how this might transpire in the family courts. Several of my hon. Friends raised the concern in Committee that the family courts could be the most affected by potential delays and the perverse consequences of the measures in the Bill.

This is particularly relevant given the recent exposure of the case of Sammy Woodhouse. I am sure that colleagues will be well aware of her case. I know that the Minister is, and I am grateful to her for meeting Sammy and me last week. Mr Speaker also welcomed Sammy to Prime Minister’s questions last week. Her bravery in putting herself forward, in risking being held in contempt of the family court and in waiving her anonymity to speak about her experiences, so that we in this place can drive change, is inspiring. We owe it to her and to the many other survivors to ensure that we drive change and ensure that what happened to her and to too many other young women and girls never happens again.

Those young women and girls were failed by the state. They were failed by our legal system, by the police, by the Crown Prosecution Service, by local authorities and by government at every level, and now they are being failed yet again by our legal system. Our entirely permissive system, which allows anyone to make an application through the family courts, means that men who have been convicted of rape—in Sammy’s case, the father of her child, Arshid Hussain, is serving a 35-year prison sentence—can apply to the courts for access or visitation rights. Sammy’s case shocked the nation, but unfortunately it was not unique. Just yesterday, I spoke to another woman who had to respond and attend court after the man who was convicted of raping her and fathering her child had applied through the family courts from prison.

This could be prevented through a simple ban on any man convicted of fathering a child through rape applying to the family courts. I know that the Government are reluctant to bring this forward, out of concern for the convicted rapist’s article 8 right to a family life, but I am afraid that that simply is not good enough. I will always defend our human rights as enshrined in the Human Rights Act 1998 and the European convention on human rights—I say this on the day of the 70th anniversary of the universal declaration of human rights—but article 8 is a qualified right and not one that should override the rights of women and children and their safety. Surely, we should be starting from the presumption that if a child has been conceived through rape, the man should have no parental rights to that child and that we should allow such rights only in exceptional circumstances, not the other way round.

When I speak to victims of rape and survivors of child sexual exploitation in situations such as Sammy’s—women who have an almost uniformly terrible experience of the family courts—their feeling is one of betrayal and despair that every day is a battle in which they have to fight for their most basic rights. They are often forced to relive their traumatic experiences and justify themselves over and over, yet they are so often told about the rights of the men who have abused them and who can now click their fingers and drag their victims back through the courts to traumatise them all over again. Women such as Sammy, who have already given evidence, spoken out in criminal trials and been to hell and back, should not then live the rest of their lives trying to bring their children up in horrendously difficult circumstances with the threat of being dragged back through the courts once again to face the man who raped them. It may be the case that no judge would allow such access in any circumstances, but it is surely intolerable for women in this situation to have to face the man in court all over again, and I believe that we as a Parliament should make that crystal clear.

The family procedure rule committee met earlier this week to discuss the consequences of Sammy’s case and to consider amending practice direction 12C. I hope that the committee will be able to bring much greater clarity, but this is likely to be in relation to local authorities’ duty to notify in the case of a care order. That will not solve the problem, and I worry that, combined with the measures introduced in the Bill, it could bring greater uncertainty to the process and leave victims with even greater uncertainty and fear that their abusers might be able to weaponise the courts against them. As I have said, I am grateful to the Minister for meeting Sammy and me last week, but we were both really disappointed that the Government were not willing to take more immediate action to address this thoroughly intolerable situation. I hope that the Minister will be able to update the House on what action they have now considered and on the implications of the Bill for this important issue.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is an honour to take this Bill through its final stages. I should like to start by addressing some of the key points raised today by the hon. Member for Bolton South East (Yasmin Qureshi). She suggested that we were sneaking the Bill through the House. However, it was introduced seven months ago. Not only that, but it forms part of the Prisons and Courts Bill, which was introduced in this House in 2017 and which fell at the general election. The provisions in this Bill have been well known for some time. They have been debated in this House, and they are not being sneaked anywhere at all. The thrust of the hon. Lady’s speech was that this is a Bill about cuts, but it is certainly not. The Bill is part of our £1 billion court reform programme.