A report showing the majority of judgments in the family court contain gender bias and victim-blaming was presented to MPs in Parliament this week.
Right to Equality’s Scratching the Surface report contains analysis of 91 family court judgments, revealing that 72.5% contained at least one instance of judicial victim‐blaming.
Of the 530 instances of victim‑blaming made by court professionals in the judgments analysed, the majority were made by judges.
Dr Charlotte Proudman, founder and director of Right to Equality (pictured), said: “As a barrister, I have stood in family courts and watched judges normalise abuse, trivialise trauma and silence survivors. This report gives voice to what victims have been telling us for decades: bias is real, it is embedded in the family justice system, and it is shaping decisions that affect children’s safety, resulting in irreparable harm.
“Our findings in this report – analysing over 90 family court judgments documenting persistent gender bias, the misuse of rape myths, and systemic injustices – are not abstract statistics. They are lives. They represent real trauma mishandled under the guise of neutrality in the family courts.”
The report found that the most prevalent form of victim-blaming was discrediting, of which it found 233 instances across the 90 judgments. This was followed by behavioural blame (173 instances) and trivialisation (99).
The analysis also reveals that the majority of victim-blaming identified was subtle (62.5%), making it difficult to challenge. In particular, mothers’ behaviour was scrutinised and criticised, while fathers’ conduct was contextualised or minimised. The report also found women were far more likely to be described as “emotional” by judges.
Key recommendations made in the report include government resourcing of a drastic increase in the number of published family court judgments. It also recommends mandatory judicial training on gender bias and victim-blaming, designed in consultation with specialist organisations, with the aim of tackling ‘rape myths’ and family stereotypes.
The report also recommends the annual publication of transparency data at a local level by The Family Justice Board, and prioritising family courts in the government’s planned rollout of AI tools for transcription and judgment publication.
In response to a request from Today’s Family Lawyer, President of the Family Division Sir Stephen Cobb said: “The Family Court’s approach to understanding and determining cases involving domestic abuse continues to be a key priority for the judiciary.
“The judicial-led, child-focused model, which is currently operating in about one quarter of all family courts, and is being rolled out across all family courts in England and Wales, is showing positive results. The problem-solving approach enables judges to draw on information from a range of professionals, working with local partners including third sector domestic abuse agencies and Independent Domestic Violence Advisers.
“All family judges, magistrates and legal advisers undertake mandatory initial and regular ongoing training in which domestic abuse is a central theme. Training is informed by input from survivors, psychologists, clinicians and academics. All training is regularly reviewed to make improvements that reflect developments in law, legal practice and society.”
Kirith Entwistle, MP for Bolton North East, said: “Too many women have told me that the family courts felt like an extension of the abuse that they were trying to escape. The persistent and routine undermining of victim-survivors found in published judgments demonstrates why victims of abuse have such low confidence in being treated fairly in our family justice system.
“Bias distracts judges from properly assessing risk, their obligation to safeguard, and putting the needs of the children first. It is essential that this is tackled head on with transparency, strong accountability, and training.”
Despite reforms, including the Domestic Abuse Act 2021, the report concludes that attitudinal change within the judiciary in family courts has not kept pace.
It suggests that while domestic abuse is the “everyday business” of the family court, survivors are continuing to face a culture of disbelief which “hinders safe outcomes”.
The report and its presentation to Parliament is the start of Right to Equality’s Breaking Bias, Building Justice campaign, which calls for urgent action to deliver a fairer, more trauma-informed family court system and increased transparency.
