Victims and Courts Bill

Natalie Fleet Excerpts
Joshua Reynolds Portrait Mr Joshua Reynolds (Maidenhead) (LD)
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I wish to speak to my new clause 12. Each year hundreds of families get a knock on the door from the police who must deliver the worst news that a family can ever hear: the news that one of their closest relatives has been murdered. However, about 80 families each year receive the news that a family member has been murdered while abroad. That can be via a police officer, but the news often comes from a newspaper, or from a journalist who has found out and has reached out to the family directly. In many cases when British citizens are murdered abroad their families are left to deal with unimaginable grief for their loved one, all while facing the full weight of an unfamiliar, bureaucratic and different system, and they do that alone. They have to navigate foreign legal procedures, untranslated documents and distant court proceedings with patchy, inconsistent support from their Government, all at a time of trauma, vulnerability and mourning.

This is where new clause 12 come in. It seeks to add an appendix to the victims code so that this group of bereaved families, who currently fall through the cracks in our system, will no longer do so. The principle underpinning this Bill is clear: victims deserve to be at the heart of our criminal justice system. They deserve information, support and the opportunity to be heard. These are not privileges; they are fundamental rights. Yet there is a cruel anomaly: if a British citizen is murdered on British soil, their family receives structured statutory support through victim liaison officers, aid, court procedures and counselling services, but if the same British citizen is murdered abroad—while on holiday, working away or studying in another country—their family is so often left to navigate an overwhelming maze of foreign bureaucracy, often in a language they do not speak, with inconsistent and inadequate information from the Government, who should be standing behind them.

Ruth’s sister Faye was killed in 2019 while in Nigeria, where she was working for a non-governmental organisation. She was shot alongside her boyfriend in a double homicide. Ruth and her family were left to deal with an overwhelming number of agencies without proper support to understand who had responsibility for what, with limited communication and poor casework consistency from the British authorities. Vital information, such as the arrest and subsequent death of a suspect in custody, which the Foreign, Commonwealth and Development Office knew about, took years to reach Ruth and her family. They have still not obtained a full and accurate account of what occurred on the night of Faye’s murder.

Alison and Paul’s son Danny was murdered in Amsterdam in 2022, aged just 22. Alison and Paul have explained how navigating the lengthy and complex Dutch judicial procedures in a foreign language, while having to arrange matters such as repatriation without any support, was an immense challenge. They have described being in a state of turmoil and trauma, and are uncertain how they managed to endure the circumstances. They have outlined how the stress took a significant toll on both them and their daughter.

Theresa’s husband Stephen was killed in a violent attack by a gang while on holiday in Spain in 2009. His two teenage sons sustained permanent injuries in the attack. Stephen’s body was repatriated to the UK and was held by the coroner in a mortuary for eight years before the inquest was held. The inquest concluded with a verdict of unlawful killing, at which time the body was released to his wife and children—eight years after his death. Stephen’s family received no support from the UK for repatriation, travel and understanding the trial in a foreign country and in a foreign language. Stephen’s wife, Theresa, recounted how she and her family had been living through a nightmare—not only of having to navigate the complex judicial system in Spain, but of feeling retraumatised by the lack of support they received.

Andrew’s son was murdered abroad when he was 18 years old. He says that, despite the FCDO having a duty to care for UK citizens, the family received minimal support. The FCDO provided poor and inconsistent communication, leaving the family without clear updates at critical stages. The family was forced to navigate a foreign judicial system with no help in understanding procedures, local laws or rights, which added to their distress and confusion. They received no structured aftercare or follow-up support, despite the psychological impact of such cases.

These horrible incidents are not isolated. They show a broken system that fails British families at their most vulnerable moments. New clause 12 aims to address this by adding an appendix to the victims code setting out how the code applies to close relatives of British citizens murdered abroad. It states that the appendix must provide specific guidance explaining how families affected by murders abroad can access support, including clear information about foreign justice processes, which are often complex and distressing for bereaved families, in unfamiliar legal systems. This can include dedicated liaison officers, translation services and guidance on how to deal with foreign authorities. I have spoken to far too many families who were pointed to Google Translate for death certificates and descriptions of judicial processes in foreign languages. That is simply not good enough in our country. Under the new clause, families would also be entitled to emotional and practical support, including specialist bereavement counselling. Some police services across the country do this really well, but others do not do it at all.

Let me be clear about what this amendment does not do. It does not seek to interfere with foreign judicial systems, and it does not place unrealistic expectations on the FCDO. What it does is establish as a baseline a statutory framework that ensures bereaved families have access to the same quality of support and information here at home as any other victim of homicide would receive. The Murdered Abroad campaign is made up of bereaved families who have turned their grief into a really powerful call for change. They are not asking for any special treatment. They are asking for the same structured statutory support that families would receive if tragedy strikes on British soil. The families who suffer these specific horrors should not be forgotten because the crime goes beyond our shores; a British life lost is a British life no matter where in the world it happens. Compassion in the face of tragedy is not optional but a duty, and new clause 12 provides a way to fulfil that duty. I thank right hon. and hon. Members who have supported it, and I ask everybody to vote for it this evening.

Natalie Fleet Portrait Natalie Fleet (Bolsover) (Lab)
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I will speak to Government new clause 14. It means that rapists will no longer have access to children conceived by their crime. It puts the right of survivors above the rights of criminals. It protects mummies and their precious babies. It is not okay that it took so long for the law to change—to keep up with common sense—but to get this change the Government fought to get us on these Benches and into government, bringing with us our real-life experience and that of our community, supported by Ministers, right up to the Prime Minister, determined to tackle violence against women and girls.

Victims and Courts Bill

Natalie Fleet Excerpts
Natalie Fleet Portrait Natalie Fleet (Bolsover) (Lab)
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I declare an interest as a member of the Women and Equalities Committee. Rape survivors are too often hidden in plain sight. In Bolsover, my constituency, 10,554 women will have been raped or sexually assaulted since they were 16—a third in their own homes—in Shirebrook, Tibshelf, Wessington, Barlborough and every village and town in between, and 5,277 of them will have been raped more than once; 880 will have reported it, and if we are lucky, 26 will have seen a charge brought.

I have permission to share the experience of one of the wonderful constituents who reached out to me. She said,

“I was spiked in a hotel and sexually assaulted in my room where I thought I would be safe.”

As a result, she says,

“I lost my job, my marriage nearly crumbled and I lost six of my son’s most formative years because my brain shut down completely…and I went into survival mode.”

She continues:

“We need to raise our boys better, to respect and work alongside women without judgement or expectations around sex”.

She is right, but this is not just a Bolsover problem; this is a society issue. Rape is a part of our national story—a part that we are not telling—and we cannot continue with a culture where he did it and she hid it.

Women do not report because they have been let down by the courts for too long. That was the case for another of my constituents, who went four years and five months from rape to trial, with multiple suicide attempts. I am so pleased that this Government are doing something about this, and are treating violence against women and girls as the national emergency that it is. The measures in this Bill mean that victims of crime will finally be put first.

The Bill is also our opportunity to put a full stop to a lifetime of ongoing trauma. I will keep speaking about the 10 babies born every day to their mummies who have been raped—six children in my constituency every year, and in every constituency across England and Wales. We see those children hidden in plain sight on our school visits; we see them as adults in the workplace; they drink among us in the pub. But their brave mothers have hidden the story behind their existence throughout history—often even from them.

The mums tell me about the struggle to bond with a baby who looks like the man who hurt them. They tell me about the pain of loving their children and also wishing that they did not exist. They tell me about living with the threat of their rapist being part of their life forever. One survivor said that she could not report the crime because the perpetrator had parental responsibility, and told her that he would use it if she reported it. Being charged, going to prison—nothing would take away his rights around the child who was conceived when he raped her. This Bill is our opportunity to change that. I call on our Government to remove parental responsibility where a child is conceived via rape. Our precious children can no longer be the only proceed of crime to which a criminal has lifelong access.

Child Arrangements: Presumption of Parental Involvement

Natalie Fleet Excerpts
Wednesday 22nd January 2025

(9 months, 1 week ago)

Westminster Hall
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Marie Tidball Portrait Dr Tidball
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I do agree, and those factors have a cumulative, additive effect on those young people, silencing their voices even more so than those of other victims. That is one of the reasons why the harm report was clear that

“the presumption should not remain in its present form”

and recommended that it be reviewed

“urgently in order to address its detrimental effects.”

Today we are focusing on presumption of contact, but there is much more that could be done to make the family court system child-centric. We can be bolder by changing the language in the Children Act 1989 to say explicitly that a presumption of contact should not be given to a known domestically abusive parent. Further, protections could be strengthened by incorporating practice direction 12J in primary legislation. We also need to ensure that no interim contact takes place before assessments are fully completed by CAFCASS. Additionally, we must legally recognise children as victims of financial abuse under the Domestic Abuse Act 2021. Shockingly, there is currently no definition of rape or consent in the family court system.

Natalie Fleet Portrait Natalie Fleet (Bolsover) (Lab)
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I thank my hon. Friend for raising this very important issue. Everybody in this room wants children to be born with two loving parents, but that is not possible for everybody, and it is definitely not a luxury that every child enjoys. Currently, when a woman is raped in this country, and she gives birth as a result, the rapist can apply for access to the child throughout their life. A woman in my constituency, and women beyond, talked to me about the trauma inflicted on them not only at the point of the attack but as they raise their child. The law now acknowledges that children born from rape are victims of crime, but it is vital that perpetrators are not given access to those children, continuing their unwanted presence in the victim’s life. The harm that that access can cause must be recognised to protect the young people and their mothers from violent offenders. Does my hon. Friend agree that we need a change to the law?

Marie Tidball Portrait Dr Tidball
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I do agree, and I thank my hon. Friend for her powerful statement. That is why we must urgently spell this issue out in primary legislation, alongside having a more tightly drawn definition of domestic abuse towards children in section 3 of the 2021 Act.

Over four years have passed since the UK Government launched a review of the presumption, as recommended by the harm report. The Conservative Government made no response, but now there is an opportunity for our new Government to take action, look at what other countries are doing and embed child-centred approaches in the family courts. Australia has repealed a similar piece of legislation, and the US is rolling out a law to incentivise states to ensure that their child custody laws properly protect children.

We must show leadership and be a beacon of light for children’s rights around the world by changing the law so that family courts prioritise children’s welfare and safety over the privilege of parental contact rights. Our Government must do what the previous Conservative Government failed to do, by taking a child-centred approach and changing the law on presumption of contact.

No more towns such as mine should be left to grieve. No more parents should have to make the ultimate sacrifice of the life sentence of losing a child at the hands of an abusive spouse or partner. No more parents should ever have to send their child on a court-ordered visit and hold them tightly in their arms hours later as they die. This Government must now act to save lives for generations to come by ending contact at any cost.

Let us not just imagine a world where the voices of children are put at the heart of our family court system, where children such as Jack and Paul are listened to, not ignored, where children have a childhood free of fear and oppression, and where children such as Jack and Paul live the lives they deserved to live. Minister, I urge you to do all you can to make that world a reality.