Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the effectiveness of safeguards for male victims of false allegations of domestic abuse in criminal and family court proceedings.

Robust protections are in place for victims of false allegations in the criminal and family courts.

The family and criminal courts serve different purposes. The criminal courts determine whether a criminal offence has been proven, whilst in the family court where allegations of domestic abuse are relevant to the issues before it, the family court may determine whether those allegations are proved as facts and take any findings into account when making decisions. Therefore, the safeguards in place for victims of false allegations of domestic abuse differ between criminal and family court proceedings.

Making a false allegation of a criminal offence is a serious matter which may itself amount to the commission of an offence such as perverting the course of justice or wasting police time. Prosecutions for making malicious false allegations do take place, and those convicted may receive significant sentences, including custodial sentences in serious cases.

Proceedings in the family courts are governed by the Family Procedure Rules 2010 and their associated Practice Directions. Rule 17.6 and Practice Direction 17A sets out that, where the family court concludes that a party has knowingly made false statements, including statements of violence or abuse, contempt proceedings can be commenced. Further, when disposing of an application for an order under the Children Act 1989, orders can be made under section 91(14) which restrict further applications without the court’s permission being made. In addition, where false allegations have been found to have occurred, they can impact the decisions the court makes for example in child arrangements, if this is in the best interests of the child.