Written evidence from Heather Rose, Mothers Unite UK (CFA0052)

HOUSE OF LORDS CHILDREN AND FAMILIES ACT 2014 SELECT COMMITTEE INQURY

The Children and Families Act 2014

Call for Evidence 2022

On behalf of Mothers Unite UK, a 4000+ member Facebook group for mothers who are domestic abuse victims, whose children may also be victims and who are having problems with contact/residence and are often or have been through family court proceedings and child arrangements orders. Normally within private law, though can sometimes move into public law.

To what extent has the Act improved the situation for the most vulnerable children, young people and families in England?

We have not seen any improvements. Children and their parents are still struggling and unable to find justice or safety within the system. There is no follow up on children who have been through change of residence, their feelings and welfare are often ignored, trauma is not a consideration or understood by court professionals. The use of 'parental alienation' against victims is rife and sets victims up to be accused, whatever they say. Children learn they should not speak about abuse, many putting up with years of hidden abuse. Those who go through change of residence to the abusive parent are severely traumatised, no support or counselling is given, children are isolated from their mother. This leads to life-long damage and often an inability to deal with life or have a normal life. Despite all promises after the Harm Report 2019, nothing has improved. This is an urgent situation yet children are not protected or made safe. Rather than improving lives, the system continues to destroy lives of some of the most vulnerable. Families who thought they had managed to escape abuse find themselves in a situation of increased abuse from professionals leading them into a terrifying situation where their children are sent to be alone with an abuser.

Have the reforms to the family justice system succeeded in making the system faster, simpler and less adversarial?

We have not seen any improvements. Cases can drag on for years, with the abuser to continually be able to take the victim/s back to court and cause more abuse. It continues to be adverserial and encouraged to be so by court professionals like lawyers, CAFCASS workers and judges.

Has the Act achieved its goal of improving provision for children with special educational and disability needs and disabilities?

There has been nothing noticeable. Children with special needs are often ignored, fathers (usually it is fathers though we have some same-gender ex-partners) are allowed to ignore needs of disabled children including medication and mothers are accused of making up disabilities despite medical evidence. Obviously this is dangerous and could cause considerable harm to children. Any attempt by the mother to raise issues is often seen as hostile and 'alienating'.

Does the Children’s Commissioner have the correct remit and powers?

It does not appears so as the system continues to fail and put children at serious risk of or actual harm.The wishes and views of children are frequently ignored, minimised or 'twisted' into phrases towards the mother like 'coaching' and 'influencing' if the child speaks of abuse. The rights of the child are not applied in family court. Many children are made to live with their abuser (residence change), causing trauma and harm.

All this has been covered and our members can witness to the failures highlighted in the Harm Report 2019. Mothers struggle within the court system as LiP, not understanding law or procedure and often suffering with PTSD, which further compounded by court professionals behaviour and the stress of proceedings unable to protect their children. They struggle with an abusive father breaching court orders, making demands and generally continuing abuse. Mothers who lose residence are not under the complete control of the father, unable to help their child when they tell them of the abuse they are going through. This is if the mother is 'allowed' any contact, and in these cases the childs trauma is severe often becoming dissociated and shut down. None of the system seems to be about enabling children to have their best outcome and future. Members and their children often suffer from trauma-induced physical illness, financial problems, debt (due to court costs), PTSD, anxiety, depression, isolation and, instead of the hopeful future they envisaged on escaping abuse, become mere shadows of their potential.

In summary, the Children and Families Act 2014 has failed and has not improved the lives of children withing the Family Justice system. We have 4000+ members which is a small drop in the ocean of many suffering and in contact with charities and other organisations, many of whom are afraid to seek help on social media. Mothers have been asking for help for decades, yet nothing changes. We complete these surveys, write to people like MPs for assistence and to raise awareness (if it is safe and won't be used against us).

We are at a loss. Children are still not being heard.

April 2022