Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps is he taking to support victims of domestic violence through the family courts process.
Answered by Jake Richards - Parliamentary Under-Secretary (Ministry of Justice)
We are committed to ensuring that victims of domestic abuse get the support they need throughout family court proceedings. The family court has a range of powers to protect victims. This includes the provision of special measures, the power to appoint an appropriately qualified person to undertake cross-examination instead of a perpetrator, and where repeated applications may be a continuing form of abuse the court can make order requiring a perpetrator to obtain the permission of the court before making a further application.
Alongside these existing protections we are rolling out the Child Focused Model nationally, which embeds referrals to local, specialist domestic abuse support services where domestic abuse is raised as an issue in the case. An Independent Domestic Violence Advisor delivers specialist support to victims, undertakes a risk assessment, and offers the court expert insights into the risks of domestic abuse in the case. This supports a holistic assessment of needs and risks and enables the court to make safe decisions without delay.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to ensure family courts are empowered to prevent direct contact between a child and a domestic violence perpetrator.
Answered by Jake Richards - Parliamentary Under-Secretary (Ministry of Justice)
The Government is committed to ensuring that the family justice system fully supports survivors of domestic abuse and delivers the right outcomes for them.
Section 1 of the Children Act 1989 (‘the Act’) makes clear that the child’s welfare must be the court’s paramount consideration when making any decision about their upbringing, including making decisions about contact.
The courts are already empowered to restrict or prevent contact through orders, for example a Child Arrangements Order, where this would be in the child’s best interest and protect their safety and wellbeing.
The Government is also going one step further by repealing the presumption of parental involvement from the Act through the Courts and Tribunals Bill. This step will ensure the child’s wellbeing and safety remains at the heart of the court’s decision-making: https://bills.parliament.uk/bills/4083
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps has he taken to ensure judges in family courts, dealing with cases involving allegations of rape and sexual abuse, have received specialist, mandatory and up-to-date trauma-informed training.
Answered by Jake Richards - Parliamentary Under-Secretary (Ministry of Justice)
To preserve judicial independence, statutory responsibility for the training of the courts’ judiciary in England and Wales rests with the Lady Chief Justice and is delivered through the Judicial College.
Domestic abuse in all its forms, including sexual abuse, is embedded as a central theme in training for family judges. Training is regularly reviewed and updated to ensure it continues to be effective and reflects the latest developments in law, practice and procedure.
The College adopts an overall trauma-informed approach which aims to equip judges to recognise and understand the effects of trauma, support safe and effective participation and avoid unnecessary re-traumatisation. All new judges complete a cross-jurisdiction induction which has a central focus on trauma-informed practice. The College is also developing a new foundation module to support enhanced understanding of the effects of trauma on presentation, behaviour and memory.