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To ask the Secretary of State for Justice, what training is provided to staff of CAFCASS on unconscious bias, with particular reference to fathers in family court proceedings.
To ask the Secretary of State for Justice, what training is provided to staff of CAFCASS on unconscious bias, with particular reference to fathers in family court proceedings.
Cafcass provides learning for all colleagues on recognising and reflecting on bias as part of its wider approach to equality, diversity and inclusion. All colleagues are required to complete mandatory Equality, Diversity and Inclusion (EDI) e‑learning, alongside training entitled Exploring the Impact of Bias, which supports reflection on how personal assumptions and bias can affect professional judgement in work with children and families.
As with all considerations within the Family Court, Cafcass’s primary focus is the best interests and welfare of the child, rather than the interests or viewpoints of parents. Cafcass guidance and practice therefore focuses on assessing what is safe and promotes a child’s welfare, rather than balancing parental rights or perspectives or seeking neutrality between parents.
Cafcass works through a relationship‑based practice framework, Together with Children and Families, which prioritises and values the development of trusting relationships to enable sensitive and complex work with children and families. The framework encourages listening, understanding, clear reasoning, respect and integrity.
In all advice to the Family Court, Family Court Advisers are required to observe Cafcass’s statutory responsibility to safeguard and promote the welfare of children in family proceedings. This includes assessing children’s safety, understanding the harm they have experienced and the risk of further harm in existing and future contact arrangements. The advice provided to the court and the report that is filed are based on this assessment and what is safe and in the best interests of the child.
To ask the Secretary of State for Justice, what guidance is issued to Children and Family Court Advisory and Support Service officers on ensuring neutrality between parents in family court proceedings.
To ask the Secretary of State for Justice, what guidance is issued to Children and Family Court Advisory and Support Service officers on ensuring neutrality between parents in family court proceedings.
Cafcass provides learning for all colleagues on recognising and reflecting on bias as part of its wider approach to equality, diversity and inclusion. All colleagues are required to complete mandatory Equality, Diversity and Inclusion (EDI) e‑learning, alongside training entitled Exploring the Impact of Bias, which supports reflection on how personal assumptions and bias can affect professional judgement in work with children and families.
As with all considerations within the Family Court, Cafcass’s primary focus is the best interests and welfare of the child, rather than the interests or viewpoints of parents. Cafcass guidance and practice therefore focuses on assessing what is safe and promotes a child’s welfare, rather than balancing parental rights or perspectives or seeking neutrality between parents.
Cafcass works through a relationship‑based practice framework, Together with Children and Families, which prioritises and values the development of trusting relationships to enable sensitive and complex work with children and families. The framework encourages listening, understanding, clear reasoning, respect and integrity.
In all advice to the Family Court, Family Court Advisers are required to observe Cafcass’s statutory responsibility to safeguard and promote the welfare of children in family proceedings. This includes assessing children’s safety, understanding the harm they have experienced and the risk of further harm in existing and future contact arrangements. The advice provided to the court and the report that is filed are based on this assessment and what is safe and in the best interests of the child.
To ask the Secretary of State for Justice, what proportion of Children and Family Court Advisory and Support Service section 7 reports recommend shared care; and what training is given to officers of that service on (a) parental alienation and (b) equal parenting.
To ask the Secretary of State for Justice, what proportion of Children and Family Court Advisory and Support Service section 7 reports recommend shared care; and what training is given to officers of that service on (a) parental alienation and (b) equal parenting.
Cafcass does not record data on the proportion of section 7 reports that recommend shared care. This information is not recorded centrally, and the data would only be available from individual case file review at a disproportionate cost.
The Government does not recognise the concept of “parental alienation” syndrome and does not think it is capable of diagnosis. Cafcass practitioners receive mandatory training on alienating behaviours. Cafcass’ training programme includes training on the domestic abuse practice policy (introduced in 2024) and on indicators of understanding why a child does not want to spend family time with a parent guide. This training makes it clear that the first step in assessing the reasons for a child not wanting to see a parent is to consider whether domestic abuse is a factor and to explore the pattern of behaviours through a trauma-informed lens.
Cafcass’ Practice Quality Standards prioritise the safety of the child and require practitioners to assess the risks to children and the risk of future harm. They require practitioners to make certain that their recommendations regarding with whom the child spends time or lives with flow directly from a detailed assessment and analysis of the nature of any risks to the child posed by one or both parents.
To ask the Secretary of State for Justice, whether his Department has provided guidance to (a) family court judges and (b) Children and Family Court Advisory and Support Service officers on recognising and responding to psychological manipulation and coercive control in cases of parental alienation.
To ask the Secretary of State for Justice, whether his Department has provided guidance to (a) family court judges and (b) Children and Family Court Advisory and Support Service officers on recognising and responding to psychological manipulation and coercive control in cases of parental alienation.
The Government does not recognise the concept of “parental alienation” syndrome and does not believe it is capable of diagnosis.
The family court is governed by the Family Procedure Rules (FPR) and associated Practice Directions. FPR 1.1 outlines the overall objective of these rules and makes clear that their purpose is to enable the court to ensure (amongst other things) that cases are dealt with “expeditiously and fairly” and that the “parties are on an equal footing” throughout proceedings.
The Government is enhancing transparency in family court proceedings to provide greater accountability, de-mystify legal processes and increase public confidence in the family justice system. Officials have worked with the judiciary to roll out new provisions relating to Transparency Orders, now applicable to all children’s cases in England and Wales. They provide a clear framework for reporting where a journalist or legal blogger has attended a family court hearing to ensure the identities of children and families involved remain protected.
The Family Justice Council published guidance on “responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour” in 2024. The guidance was endorsed by the President of the Family Division and makes clear that where there are findings of domestic abuse the victim cannot be found to have alienated the child from the other parent. Where an appropriate and justified reason cannot be found for a child’s rejection of the other parent the guidance provides a clear framework for assessing whether alienating behaviours are present.
Cafcass practitioners receive mandatory training on alienating behaviours. Cafcass’ training programme includes training on the domestic abuse practice policy (introduced in 2024) and on indicators of understanding why a child does not want to spend family time with a parent guide. This training makes it clear that the first step in assessing the reasons for a child not wanting to see a parent is to consider whether domestic abuse is a factor and to explore the pattern of behaviours through a trauma-informed lens.
The Government has not undertaken an analysis of the prevalence of “parental alienation” instances in the family court.
To ask the Secretary of State for Justice, how much the Cafcass spent on equality and diversity training in the 2022-23 financial year.
To ask the Secretary of State for Justice, how much the Cafcass spent on equality and diversity training in the 2022-23 financial year.
On 02 October, the Chancellor of the Exchequer announced a value for money audit of all Equality, Diversity and Inclusion spending in the Civil Service.
The audit will dovetail with the public sector productivity review, aiming at delivering a leaner, more efficient government. The audit forms part of our drive to improve productivity across the public sector by driving down waste and improving performance.
The findings and actions of the audit will be announced by the Chancellor in the Autumn.
To ask the Secretary of State for Justice, how often Cafcass professionals undergo mandatory specialist training on domestic abuse.
To ask the Secretary of State for Justice, how often Cafcass professionals undergo mandatory specialist training on domestic abuse.
Cafcass provides all social work staff who join with specialist training on domestic abuse. Cafcass has a range of tools for identifying domestic abuse, assessing its impact and making recommendations to the court about programmes to address perpetrator behaviour and the implications for child arrangements.
Guidance and programmes have been developed in collaboration with a range of organisations with specialist knowledge of domestic abuse. In addition to training, Cafcass has: monthly ‘Learning and Development Bulletins’ highlighting recent learning; ‘knowledge alerts’ that are shared when new practices are in place; ‘development days’ for teams on relevant topics; eLearning (via Cafcass’ eLearning platform which includes learning specific to domestic abuse) and; the Cafcass Library which provides up-to-date information.
Cafcass has recently made several commitments to improve training around domestic abuse. Cafcass has commissioned additional training from Barnardo’s on the domestic violence risk identification matrix tool, with a view to considering how this material can complement the Cafcass domestic abuse pathway. Cafcass also works closely with Respect on best practice for working with perpetrators as part of national commissioning of perpetrator programmes.
Motion, That this House has considered progress on protecting victims of domestic abuse in the family courts. Agreed to on question.
Motion, That this House has considered progress on protecting victims of domestic abuse in the family courts. Agreed to on question.
I beg to move,
That this House has considered progress on protecting victims of domestic abuse in the family courts.
It is a pleasure to serve under your chairship, Ms Ryan. We are here, for what seems like the millionth time, to talk about any progress on and the still numerous problems...
I beg to move,
That this House has considered progress on protecting victims of domestic abuse in the family courts.
It is a pleasure to serve under your chairship, Ms Ryan. We are here, for what seems like the millionth time, to talk about any progress on and the still numerous problems...
My hon. Friend is making an incredibly powerful speech, and I congratulate her on securing the debate. Does she agree that that loophole in the system makes those—usually women—who have been victims of domestic violence victims twice over, not only in the attacks that they have sustained but in a...
My hon. Friend is making an incredibly powerful speech, and I congratulate her on securing the debate. Does she agree that that loophole in the system makes those—usually women—who have been victims of domestic violence victims twice over, not only in the attacks that they have sustained but in a...
Absolutely. It is, fundamentally, revictimisation and—if the Minister cares to browse the Equality Act 2010—illegal. There is a very real case for a public sector equality duty on the basis of gender to be made against existing practice in the family court. If such practice does not change soon, that...
Absolutely. It is, fundamentally, revictimisation and—if the Minister cares to browse the Equality Act 2010—illegal. There is a very real case for a public sector equality duty on the basis of gender to be made against existing practice in the family court. If such practice does not change soon, that...
I thank the hon. Lady for securing this incredibly important debate. Does she also agree that one problem in this country is that, still, only about 30% of judges are female? In other European countries the average is much more likely to be about 50%. In this country women often...
I thank the hon. Lady for securing this incredibly important debate. Does she also agree that one problem in this country is that, still, only about 30% of judges are female? In other European countries the average is much more likely to be about 50%. In this country women often...
I absolutely agree with the hon. Lady. We have to change the nature of our justice system from one that is fundamentally old fashioned and, at its very core, fundamentally male.
Every single one of the organisations that has been in touch with me has suggested specialist domestic abuse and sexual...
I absolutely agree with the hon. Lady. We have to change the nature of our justice system from one that is fundamentally old fashioned and, at its very core, fundamentally male.
Every single one of the organisations that has been in touch with me has suggested specialist domestic abuse and sexual...
The hon. Lady is making an incredibly powerful case. Does she agree that it is absolutely obscene that people who need help the most, at a time of such vulnerability, are denied
even the most basic support via legal aid to make their case? As others have said, that is...
The hon. Lady is making an incredibly powerful case. Does she agree that it is absolutely obscene that people who need help the most, at a time of such vulnerability, are denied
even the most basic support via legal aid to make their case? As others have said, that is...
Absolutely. The Minister will no doubt respond by saying that the Government have made changes to legal aid in civil and family court cases involving domestic abuse, but every single day I am notified of at least one case of domestic abuse victims not being able to access legal aid...
Absolutely. The Minister will no doubt respond by saying that the Government have made changes to legal aid in civil and family court cases involving domestic abuse, but every single day I am notified of at least one case of domestic abuse victims not being able to access legal aid...
My hon. Friend is being very generous in giving way. Has there been any analysis of the long-term mental health impact on victims of cross-examination by their perpetrators? The justice system is facilitating and enabling such cross-examination.
My hon. Friend is being very generous in giving way. Has there been any analysis of the long-term mental health impact on victims of cross-examination by their perpetrators? The justice system is facilitating and enabling such cross-examination.
I certainly do not know of any. I will mention the recent study by Queen Mary University of London, in partnership with Women’s Aid, of how people are treated in the family courts. I am not aware of any Government reviews of the effect of litigants in person and, more...
I certainly do not know of any. I will mention the recent study by Queen Mary University of London, in partnership with Women’s Aid, of how people are treated in the family courts. I am not aware of any Government reviews of the effect of litigants in person and, more...
I thank the hon. Lady for securing this debate and for the speech she is giving, and I send solidarity from all the women’s aid organisations in Scotland, which want this change to be made, too. I understand that in England there is a presumption that the welfare of the...
I thank the hon. Lady for securing this debate and for the speech she is giving, and I send solidarity from all the women’s aid organisations in Scotland, which want this change to be made, too. I understand that in England there is a presumption that the welfare of the...
I totally agree. I can only praise Scotland for the progress it has made in this area. I very much would like the Minister to look at what happens there. I am sure it is by no means perfect, but it is a lot better than what we have here.
New...
I totally agree. I can only praise Scotland for the progress it has made in this area. I very much would like the Minister to look at what happens there. I am sure it is by no means perfect, but it is a lot better than what we have here.
New...
The hon. Lady is being generous in giving way. A number of my constituents who have gone through traumatic and abusive divorces have raised concerns with me about the family court. Is it not terrible that women do not feel our legal system protects them at the time they are...
The hon. Lady is being generous in giving way. A number of my constituents who have gone through traumatic and abusive divorces have raised concerns with me about the family court. Is it not terrible that women do not feel our legal system protects them at the time they are...