Family Proceedings: Safety

(asked on 13th December 2022) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, when he expects the recommendations of Assessing risk of harm to children and parents in private law children cases report, published in June 2020, to be implemented.


Answered by
Mike Freer Portrait
Mike Freer
Parliamentary Under-Secretary (Ministry of Justice)
This question was answered on 20th December 2022

Good progress has been made on delivering the commitments taken forward in the Government’s Implementation Plan, with the majority of these measures already in place or in progress.

Changes were brought in as part of the Domestic Abuse Act 2021, including automatic eligibility for special measures in the Family Court, the prohibition of cross examination of victims by perpetrators or alleged perpetrators, and a clarification of the law on the use of section 91(14) orders in domestic abuse circumstances. These measures have all now come into force.

We are currently undertaking a review into the presumption of parental involvement and its risk of harm exception, in private law children's cases. The evidence gathering stage of the review is currently being undertaken and the final report from the review will be published in 2023.

In addition, we are testing reforms to the Child Arrangements Programme and seeking to enhance the voice of the child through the Investigative Approach pilot which has launched in Dorset and North Wales, and through the flexible case management provisions introduced by Practice Direction 36Y.

Work is also being progressed through the Family Procedure Rule Committee on amending Rules and Practice Directions to allow IDVAs and ISVAs to accompany parties in the courtroom as a default.

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