Commons Sense

House of Commons · Westminster Hall

Family Court Reform and CAFCASS

22 March 2023 · 5 other contributors · 6,870 words

Opened by Taiwo Owatemi Lab Coventry North West

Responding minister: Not recorded

Justice & CourtsSafeguarding & DBSChildren & Families

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Taiwo Owatemi raised concerns about family court reform and cafcass in Westminster Hall. Response awaited from government.

Key points

  • Concerns were raised about CAFCASS failing to protect children's welfare due to poor handling of domestic abuse and a focus on parental contact over children's safety.
  • The Ministry of Justice report from 2020 highlighted CAFCASS's failures, including the rise of false parental alienation claims that can endanger children.
  • A constituent case was cited where a child was removed from a fit mother and placed with an abuser due to unqualified experts supporting false alienation claims.

Key requests to Government

The Minister should outline steps to increase funding for legal aid, update on the civil legal aid review, ban unqualified experts in family courts, and publish guidance for judges on parental alienation allegations. The Minister should also meet to discuss specific constituent cases further.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Taiwo Owatemi Lab Coventry North West

CAFCASS is failing in its duty to safeguard children's welfare, with issues such as poor handling of domestic abuse allegations and an obsessive pro-contact culture that prioritises unfit parents' demands over children's best interests. The Ministry of Justice report from 2020 highlighted CAFCASS's failures across all areas, including the rise of false parental alienation accusations which can result in vulnerable children being placed with abusive parents. One constituent case exemplifies these failings where a child was removed from an exemplary mother and placed with an abuser due to unqualified 'experts' supporting false alienation claims.

Other contributors (5)
  • Alex Cunningham Lab Stockton South

    Cunningham highlighted the lack of progress on reforms to protect victims and children in family court cases since the Ministry of Justice's harm report two years ago. He cited a Women's Aid research showing insufficient understanding among practitioners about coercive controlling behaviour and parental alienation, which left survivors disillusioned and disappointed. Cunningham also criticized the government for not taking action to regulate psychological experts in family courts despite high risks to vulnerable children. Asked the Minister to conduct an assessment of wasted court time due to litigants in person and suggested that providing legal aid could save both time and money.

  • Bambos Charalambous Lab Southgate and Wood Green

    There is often a financial disparity between parties in family court proceedings, with parental alienation used as a tactic to prolong cases and increase costs for the less privileged party. He urges better training for CAFCASS, courts, and judges on the issue of parental alienation.

  • Jess Phillips Lab Birmingham Yardley

    Ms. Phillips highlighted the systemic issues within family courts, particularly in cases involving domestic abuse and rape victims. She cited a report by Women's Aid detailing 19 child homicides linked to family court decisions. She emphasized the need to challenge the notion that contact with both parents is better for children when one parent is abusive. Questioned whether the Minister or anyone in his family would enter mediation with a rapist.

  • Jim Shannon DUP Strangford

    He supports the call for equal legal aid opportunities across all parts of the UK to ensure fair representation for individuals who cannot afford it. He calls for discussions between the Government and devolved Administrations in Northern Ireland and Scotland on legal aid.

  • Siobhan Baillie Con Bristol North West

    She thanks the hon. Member for securing the debate, drawing from her experience in family law to highlight how delays in cases can be exploited by abusive parents. She advocates for keeping simpler cases out of court to free up resources for more complex and urgent cases. It is always important to listen to the hon. Member. One of the things that the president of the family division, Sir Andrew McFarlane, has done recently is open up the family courts for reporting pilots.

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