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1131081

	registered interest
	date	10/06/2019
	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 the Ministry of Justice press release of 21 May 2019 entitled Spotlight on child protection in family courts (a) if he will list the panel of experts assembled and (b) whether any survivors or victims of domestic abuse will sit on the panel.
	tabling member constituency	Sheffield, Heeley
	tabling member printed	Louise Haigh
	uin	262456
	answer	answer is ministerial correction date of answer 13/06/2019 answer text <p>On 21 May 2019 we announced a public call for evidence led by a panel of experts to gather evidence on how the family courts protect children and parents in cases of domestic abuse and other serious offences.</p><p> </p><p>The inaugural panel meeting is due to take place Friday 14 June 2019, after which we will publicly announce the panel members and agreed objectives for the call for evidence.</p><p> </p><p>The panel members represent key parties to the issue and will provide expertise from across the Family Justice System. Included are representatives from the Judiciary, academia, social care, policy officials and third sector organisations which represent and advocate for victims of domestic abuse.</p><p> </p><p>It is vital that this call for evidence can contribute to real improvements to the Family Justice System to protect victims and their families. For this reason, the experiences of victims will be central to the evidence gathered by the panel.</p> answering member constituency Blackpool North and Cleveleys answering member printed Paul Maynard question first answered 13/06/2019 08:16:16 answering member 3926 label Biography information for Paul Maynard
	tabling member	4473 label Biography information for Louise Haigh

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

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

1105958

	registered interest
	date	28/03/2019
	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 estimate he has made of the proportion of child contact cases which involved allegations of domestic abuse in each year since 2010.
	tabling member constituency	Ashfield
	tabling member printed	Gloria De Piero
	uin	238312
	answer	answer is ministerial correction date of answer 05/04/2019 answer text <p>The Ministry of Justice does not hold the requested data. A revised version of Practice Direction 12J, which sets out a framework for judges to use in child arrangements cases where there is a context of domestic abuse, was introduced in October 2017. This makes clear that judges must take appropriate steps to explore any allegations of domestic abuse and give full regard to the impact of any abuse when making a child arrangement order.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer grouped question UIN 238313 question first answered 05/04/2019 13:29:04 answering member 4517 label Biography information for Lucy Frazer
	tabling member	3915 label Biography information for Gloria De Piero

1105959

	registered interest
	date	28/03/2019
	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 estimate he has made of the number of child contact cases which involved allegations of domestic abuse in each year since 2010.
	tabling member constituency	Ashfield
	tabling member printed	Gloria De Piero
	uin	238313
	answer	answer is ministerial correction date of answer 05/04/2019 answer text <p>The Ministry of Justice does not hold the requested data. A revised version of Practice Direction 12J, which sets out a framework for judges to use in child arrangements cases where there is a context of domestic abuse, was introduced in October 2017. This makes clear that judges must take appropriate steps to explore any allegations of domestic abuse and give full regard to the impact of any abuse when making a child arrangement order.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer grouped question UIN 238312 question first answered 05/04/2019 13:29:04 answering member 4517 label Biography information for Lucy Frazer
	tabling member	3915 label Biography information for Gloria De Piero

1055111

	registered interest
	date	05/02/2019
	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, pursuant to his oral contribution of 5 February 2019, when the President of the Family Division plans to report back on his review of the guidance provided under Practice Direction 12J.
	tabling member constituency	Ashfield
	tabling member printed	Gloria De Piero
	uin	217049
	answer	answer is ministerial correction date of answer 08/02/2019 answer text <p>In light of the important issues raised by the Sammy Woodhouse case, Lucy Frazer has asked the President of the Family Division of the High Court to look at Practice Direction 12C that provides guidance on the notification of parents without parental responsibility in family cases and he has committed to doing that. Officials at the Ministry of Justice continue to work with other relevant departments and stakeholders to consider how we can better protect vulnerable mothers and children in our family courts however, at present, there are currently no plans to ask the President to review the guidance provided under Practice Direction 12J, however it was this subject on which I agreed to meet the Honourable Member.</p><p> </p><p>The role of the Domestic Abuse Commissioner introduced through the draft Domestic Abuse Bill is intended to provide public leadership on domestic abuse issues. They will raise awareness of the issue of domestic abuse and will monitor and oversee the provision of domestic abuse services across England and Wales, including the services available for children and young people. The specific statutory powers of the commissioner will continue to be developed and refined as the bill passes through pre-legislative scrutiny. I look forward to meeting the Honourable Member to discuss further how these powers might operate in practice, as promised in my response on 5<sup>th</sup> February.</p><p> </p> answering member constituency Charnwood answering member printed Edward Argar grouped question UIN 217050 question first answered 08/02/2019 14:17:18 answering member 4362 label Biography information for Edward Argar
	tabling member	3915 label Biography information for Gloria De Piero

1055118

	registered interest
	date	05/02/2019
	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, pursuant to his oral contribution of 5 February 2019, what powers the Domestic Abuse Commissioner will have to investigate matters relating to Practice Direction 12J.
	tabling member constituency	Ashfield
	tabling member printed	Gloria De Piero
	uin	217050
	answer	answer is ministerial correction date of answer 08/02/2019 answer text <p>In light of the important issues raised by the Sammy Woodhouse case, Lucy Frazer has asked the President of the Family Division of the High Court to look at Practice Direction 12C that provides guidance on the notification of parents without parental responsibility in family cases and he has committed to doing that. Officials at the Ministry of Justice continue to work with other relevant departments and stakeholders to consider how we can better protect vulnerable mothers and children in our family courts however, at present, there are currently no plans to ask the President to review the guidance provided under Practice Direction 12J, however it was this subject on which I agreed to meet the Honourable Member.</p><p> </p><p>The role of the Domestic Abuse Commissioner introduced through the draft Domestic Abuse Bill is intended to provide public leadership on domestic abuse issues. They will raise awareness of the issue of domestic abuse and will monitor and oversee the provision of domestic abuse services across England and Wales, including the services available for children and young people. The specific statutory powers of the commissioner will continue to be developed and refined as the bill passes through pre-legislative scrutiny. I look forward to meeting the Honourable Member to discuss further how these powers might operate in practice, as promised in my response on 5<sup>th</sup> February.</p><p> </p> answering member constituency Charnwood answering member printed Edward Argar grouped question UIN 217049 question first answered 08/02/2019 14:17:18 answering member 4362 label Biography information for Edward Argar
	tabling member	3915 label Biography information for Gloria De Piero

1052236

	registered interest
	date	31/01/2019
	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, how many instances of non-compliance with Practice Directive 12J have been recorded since its implementation.
	tabling member constituency	Ashfield
	tabling member printed	Gloria De Piero
	uin	215138
	answer	answer is ministerial correction date of answer 08/02/2019 answer text <p>We are determined to improve the experience of victims of domestic abuse in the family justice system. A revised version of Practice Direction 12J, which sets out a framework for judges to use in child arrangements cases where there is a context of domestic abuse, was introduced in October 2017. The revision made several amendments to the practice direction that were intended to place greater emphasis on the indirect harm that domestic abuse can cause to a child and non-physical forms of abusive behaviour. The final decision in a child arrangements case is made by the judge, based on their assessment of the evidence and the risk present within each case.</p><p> </p><p>The Ministry of Justice does not hold data relating to the use of Practice Direction 12J within individual cases, as data collected on private law children cases does not routinely record which cases involve allegations of domestic abuse. The Judicial College has provided all family judges and magistrates with training on how to address the challenges faced by vulnerable people, including victims of domestic abuse, and issues of domestic abuse are addressed on an ongoing basis as part of the college’s regular training programme.</p><p> </p><p>The Ministry of Justice will continue to work with other relevant departments and stakeholders to consider how we can better protect vulnerable mothers and children in our courts. This includes working with the judiciary on how existing practice directions are followed.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer grouped question UIN 215139 215140 215141 question first answered 08/02/2019 14:57:47 answering member 4517 label Biography information for Lucy Frazer
	tabling member	3915 label Biography information for Gloria De Piero