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1129393

	registered interest
	date	03/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Family Courts: Domestic Abuse
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, with reference to his Department's press release of 21 May 2019, Spotlight on child protection in family courts: A panel of experts will review how the family courts protect children and parents in cases of domestic abuse and other serious offences, whether that panel of experts plan to include a review of the status of parental alienation as child abuse in that review.
	tabling member constituency	Derby North
	tabling member printed	Chris Williamson
	uin	259186
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>The expert panel announced on 21 May has a specific remit, first, to gather evidence on how the family courts are responding to alleged or admitted domestic abuse, including the operation of Practice Direction 12J, and the operation of this Practice Direction with the risk of harm exception to the presumption of parental involvement. Second, the panel will consider the adequacy of protections in relation to a range of other serious offences. Third, the panel will consider the handling of repeat applications in the family courts, which may be used to re-victimise or control children and victim parents, including the operation of section 91(14) of the Children Act 1989.</p><p> </p><p>The Government is committed to ensuring that the family justice system can robustly address instances of parental alienation. Where Cafcass practitioners prepare a report into the child’s welfare, they are aware of the potential for children to be influenced or alienated by parental views. The Child Impact Assessment Framework launched last year provides further support for Cafcass practitioners in relation to alienating behaviour by a parent.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 06/06/2019 16:02:55 answering member 3926 label Biography information for Paul Maynard
	tabling member	3976 label Biography information for Chris Williamson

1129868

	registered interest
	date	04/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Legal Aid Scheme
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, whether the Government has plans to review the means testing aspect of legal aid funding.
	tabling member constituency	Strangford
	tabling member printed	Jim Shannon
	uin	260000
	answer	answer is ministerial correction date of answer 10/06/2019 answer text <p>The Government announced that it will be conducting a review into Legal Aid Means Testing in its legal Support Action Plan, published on 7 February 2019. The review of the legal aid eligibility regime will study the thresholds for legal aid entitlement and assess the effectiveness with which the means testing arrangements appropriately protect access to justice, particularly with respect to those who are vulnerable.</p><p>The comprehensive review of the legal aid eligibility regime is expected to conclude by Summer 2020.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 10/06/2019 16:20:44 answering member 3926 label Biography information for Paul Maynard
	tabling member	4131 label Biography information for Jim Shannon

1129224

	registered interest
	date	03/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Legal Aid Scheme
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what the timescale is for the Government review of the thresholds for legal aid entitlement.
	tabling member constituency	Hove
	tabling member printed	Peter Kyle
	uin	259351
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>The comprehensive review of the legal aid eligibility regime is expected to conclude by Summer 2020 after which we will publish a full consultation paper setting out our future policy proposals in this area. We will seek to implement any final recommendations as soon as practicable following public consultation.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 06/06/2019 10:41:15 answering member 3926 label Biography information for Paul Maynard
	tabling member	4505 label Biography information for Peter Kyle

1129226

	registered interest
	date	03/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Family Courts: Autism
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what steps his Department is taking to improve support for people with autism in the family courts.
	tabling member constituency	Hove
	tabling member printed	Peter Kyle
	uin	259353
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>Part 3A of the Family Procedure Rules (FPR) clearly sets out the court’s duty to consider the vulnerability of a party or witness in relation to their participation in court proceedings, including when giving evidence.</p><p> </p><p>The court must consider whether a party’s participation in the proceedings is likely to be diminished by reason of vulnerability and, if so, whether it is necessary to make one or more participation directions to assist that party. The court must consider a number of factors, including whether a party or witness suffers from mental disorder or otherwise has a significant impairment of intelligence or social functioning. Practice Direction 3AA provides further guidance to the court.</p><p> </p><p>Specific training on autism is also available to members of the judiciary through the Judicial College, which provides training and support to members of the judiciary in England and Wales.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 06/06/2019 14:07:11 answering member 3926 label Biography information for Paul Maynard
	tabling member	4505 label Biography information for Peter Kyle

1129306

	registered interest
	date	03/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Probate: Standards
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what steps he is taking to speed up the issuance of (a) grant of probate and (b) letters of administration; and if he will make a statement.
	tabling member constituency	Solihull
	tabling member printed	Julian Knight
	uin	259280
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>Urgent action has been taken to address the delays which have been experienced in the probate service. Her Majesty’s Courts and Tribunals Service is increasing staffing levels and further improving the digital service to help reduce waiting times.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 06/06/2019 14:04:21 answering member 3926 label Biography information for Paul Maynard
	tabling member	4410 label Biography information for Julian Knight

1129824

	registered interest
	date	04/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Legal Aid Scheme
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what recent assessment she has made of the accessibility of legal aid by claimants of universal credit.
	tabling member constituency	Birmingham, Ladywood
	tabling member printed	Shabana Mahmood
	uin	259938
	answer	answer is ministerial correction date of answer 12/06/2019 answer text <p>The Government passports all recipients of Universal Credit through the criminal legal aid means test as well as the income test applied under the civil legal aid scheme, and will continue to do so whilst the review of legal aid means testing is ongoing. The review, announced in the Government’s Legal Support Action Plan on 7 February 2019, is studying the thresholds for legal aid entitlement and will assess the effectiveness with which the means testing arrangements appropriately protect access to justice. The review will particularly focus on those who are vulnerable.</p><p> </p><p>The Legal Aid Agency regularly monitors access to legal aid-funded services by undertaking capacity reviews. A list of law firms offering legal aid, showing location and type of advice, each can provide, is published at <a href="https://www.gov.uk/government/publications/directory-of-legal-aid-providers" target="_blank">https://www.gov.uk/government/publications/directory-of-legal-aid-providers</a>.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard grouped question UIN 259939 question first answered 12/06/2019 16:31:44 answering member 3926 label Biography information for Paul Maynard
	tabling member	3914 label Biography information for Shabana Mahmood

1129174

	registered interest
	date	03/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Family Courts: Domestic Abuse
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what information his Department holds on the proportion of cases where domestic abuse was alleged or proven in initial safeguarding where (a) a Cafcass Early Intervention Team phone call did not take place before a First Hearing and Dispute Resolution Appointment, (b) children were not interviewed and (c) a risk assessment was not completed in the most recent period for which figures are available.
	tabling member constituency	Sheffield, Heeley
	tabling member printed	Louise Haigh
	uin	259322
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>Cafcass undertakes safeguarding checks in every case where an application is made to the court for a child arrangements order and reports relevant information to the court in a safeguarding letter prior to the first hearing. As part of that process, Cafcass will attempt to contact each party separately by telephone to elicit any concerns about any risks of harm, either to the child or to an adult party. Cafcass conducts checks of police records and makes enquiries of the local authority and will include in its safeguarding letter any relevant convictions or cautions or prior local authority involvement.</p><p> </p><p>Cafcass undertakes direct work with the child when directed to do so by the court, in cases that continue after the first hearing. This includes interviewing children in order to ascertain their wishes and feelings to produce a section 7 welfare report into the child’s welfare needs. Any information disclosed by the child about domestic or other abuse will be reported to the court. In 2018-19 Cafcass produced 19,236 s7 welfare reports.</p><p> </p><p>Cafcass does not record data on the contents of individual safeguarding letters. However, a file analysis of 216 private law cases undertaken in 2017 found that domestic abuse was alleged in 62% of cases. Practice Direction 12J sets out the factors the court must consider when domestic abuse is raised within the proceedings, including whether a fact-finding hearing should be held. Data is not collected centrally on the number of fact finding hearings and could only be obtained through an analysis of case files at disproportionate cost. Whether or not domestic abuse is alleged or admitted by either party, Cafcass has a statutory duty to report to the court at any stage in the proceedings any concerns it has about the risk of harm to the child.</p><p> </p><p>Data is not available on specific recommendations made by Cafcass to the court about child arrangements in individual cases nor on the detailed content of any child arrangements order subsequently made by the court. Such information could only be obtained from a case file analysis at disproportionate cost.</p><p> </p><p>Data is not collected on the use by the court of its power under section 91(14) of the Children Act 1989 to prevent a named person from applying from a specified kind of order without its permission. Such provision may form part of a child arrangements or other order under made under the 1989 Act.</p><p> </p><p>The Government is determined to improve the family justice response to vulnerable people, including victims of domestic abuse. We are committed to giving the family courts the power to stop unrepresented perpetrators of abuse from cross-examining their victims in person in family proceedings, and we have included measures to prevent this in the draft Domestic Abuse Bill.</p><p> </p><p>On 21 May we also announced the establishment of a panel of experts to consider how the family courts protect children and parents in cases of domestic abuse and other serious offences.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard grouped question UIN 259323 259324 question first answered 06/06/2019 14:13:42 answering member 3926 label Biography information for Paul Maynard
	tabling member	4473 label Biography information for Louise Haigh

1129175

	registered interest
	date	03/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Family Courts: Domestic Abuse
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what information his Department holds on the proportion of cases where domestic abuse was alleged or proven in family court proceedings where (a) a Finding of Fact hearing was not part of proceeding, (b) contact was not recommended but was ordered, (c) Cafcass vetoed a court order on safeguarding grounds, (d) no contact was ordered, (e) domestic abuse was found and some form of contact was ordered in the most recent period for which figures are available.
	tabling member constituency	Sheffield, Heeley
	tabling member printed	Louise Haigh
	uin	259323
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>Cafcass undertakes safeguarding checks in every case where an application is made to the court for a child arrangements order and reports relevant information to the court in a safeguarding letter prior to the first hearing. As part of that process, Cafcass will attempt to contact each party separately by telephone to elicit any concerns about any risks of harm, either to the child or to an adult party. Cafcass conducts checks of police records and makes enquiries of the local authority and will include in its safeguarding letter any relevant convictions or cautions or prior local authority involvement.</p><p> </p><p>Cafcass undertakes direct work with the child when directed to do so by the court, in cases that continue after the first hearing. This includes interviewing children in order to ascertain their wishes and feelings to produce a section 7 welfare report into the child’s welfare needs. Any information disclosed by the child about domestic or other abuse will be reported to the court. In 2018-19 Cafcass produced 19,236 s7 welfare reports.</p><p> </p><p>Cafcass does not record data on the contents of individual safeguarding letters. However, a file analysis of 216 private law cases undertaken in 2017 found that domestic abuse was alleged in 62% of cases. Practice Direction 12J sets out the factors the court must consider when domestic abuse is raised within the proceedings, including whether a fact-finding hearing should be held. Data is not collected centrally on the number of fact finding hearings and could only be obtained through an analysis of case files at disproportionate cost. Whether or not domestic abuse is alleged or admitted by either party, Cafcass has a statutory duty to report to the court at any stage in the proceedings any concerns it has about the risk of harm to the child.</p><p> </p><p>Data is not available on specific recommendations made by Cafcass to the court about child arrangements in individual cases nor on the detailed content of any child arrangements order subsequently made by the court. Such information could only be obtained from a case file analysis at disproportionate cost.</p><p> </p><p>Data is not collected on the use by the court of its power under section 91(14) of the Children Act 1989 to prevent a named person from applying from a specified kind of order without its permission. Such provision may form part of a child arrangements or other order under made under the 1989 Act.</p><p> </p><p>The Government is determined to improve the family justice response to vulnerable people, including victims of domestic abuse. We are committed to giving the family courts the power to stop unrepresented perpetrators of abuse from cross-examining their victims in person in family proceedings, and we have included measures to prevent this in the draft Domestic Abuse Bill.</p><p> </p><p>On 21 May we also announced the establishment of a panel of experts to consider how the family courts protect children and parents in cases of domestic abuse and other serious offences.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard grouped question UIN 259322 259324 question first answered 06/06/2019 14:13:42 answering member 3926 label Biography information for Paul Maynard
	tabling member	4473 label Biography information for Louise Haigh

1129176

	registered interest
	date	03/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Family Courts: Domestic Abuse
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what information his Department holds on cases where domestic abuse was alleged or proven in return hearings in the family court on the proportion of cases (a) returning on safeguarding grounds and (b) judges used their powers to prevent a party bringing the case back to court to prevent abuse in the most recent period for which figures are available.
	tabling member constituency	Sheffield, Heeley
	tabling member printed	Louise Haigh
	uin	259324
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>Cafcass undertakes safeguarding checks in every case where an application is made to the court for a child arrangements order and reports relevant information to the court in a safeguarding letter prior to the first hearing. As part of that process, Cafcass will attempt to contact each party separately by telephone to elicit any concerns about any risks of harm, either to the child or to an adult party. Cafcass conducts checks of police records and makes enquiries of the local authority and will include in its safeguarding letter any relevant convictions or cautions or prior local authority involvement.</p><p> </p><p>Cafcass undertakes direct work with the child when directed to do so by the court, in cases that continue after the first hearing. This includes interviewing children in order to ascertain their wishes and feelings to produce a section 7 welfare report into the child’s welfare needs. Any information disclosed by the child about domestic or other abuse will be reported to the court. In 2018-19 Cafcass produced 19,236 s7 welfare reports.</p><p> </p><p>Cafcass does not record data on the contents of individual safeguarding letters. However, a file analysis of 216 private law cases undertaken in 2017 found that domestic abuse was alleged in 62% of cases. Practice Direction 12J sets out the factors the court must consider when domestic abuse is raised within the proceedings, including whether a fact-finding hearing should be held. Data is not collected centrally on the number of fact finding hearings and could only be obtained through an analysis of case files at disproportionate cost. Whether or not domestic abuse is alleged or admitted by either party, Cafcass has a statutory duty to report to the court at any stage in the proceedings any concerns it has about the risk of harm to the child.</p><p> </p><p>Data is not available on specific recommendations made by Cafcass to the court about child arrangements in individual cases nor on the detailed content of any child arrangements order subsequently made by the court. Such information could only be obtained from a case file analysis at disproportionate cost.</p><p> </p><p>Data is not collected on the use by the court of its power under section 91(14) of the Children Act 1989 to prevent a named person from applying from a specified kind of order without its permission. Such provision may form part of a child arrangements or other order under made under the 1989 Act.</p><p> </p><p>The Government is determined to improve the family justice response to vulnerable people, including victims of domestic abuse. We are committed to giving the family courts the power to stop unrepresented perpetrators of abuse from cross-examining their victims in person in family proceedings, and we have included measures to prevent this in the draft Domestic Abuse Bill.</p><p> </p><p>On 21 May we also announced the establishment of a panel of experts to consider how the family courts protect children and parents in cases of domestic abuse and other serious offences.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard grouped question UIN 259322 259323 question first answered 06/06/2019 14:13:42 answering member 3926 label Biography information for Paul Maynard
	tabling member	4473 label Biography information for Louise Haigh

1128392

	registered interest
	date	22/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Personal Independence Payment: Appeals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what estimate his Department has made of the average cost of a personal independent payment appeal at the first-tier tribunal in the most recent period for which figures are available.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	257597
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>The information requested is not held centrally. The cost of Personal Independence Payment and Employment and Support Allowance hearings is included in the overall cost of the First-tier Tribunal (Social Security and Child Support Appeal).</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 06/06/2019 11:03:58 answering member 3926 label Biography information for Paul Maynard
	tabling member	4493 label Biography information for Richard Burgon