A Decade After Tragedy: The Urgent Need for Family Court Reform

Ten years have passed since the tragic deaths of Claire Throssell's sons, Jack (12) and Paul (9) at the hands of their father, Darren Skyes - a man with a known history of violence. Despite clear warnings and a formal interview with Cafcass, in which the dangers posed by Sykes became apparent, the family courts deemed that the children should spend unsupervised time with their father. In October 2014, Skyes lured the children to the attic with sweets and a new train set before barricading the house and starting 14 fires, locking all the doors, securing the patio doors with a heavy bike lock and using chairs and mattresses as extra barriers to slow down firefighters, ultimately killing himself, Jack and Paul.

The devastation of their deaths has become a catalyst for Claire's campaign to reform the family court system to prevent further tragedies. You can read more about the case and Claire's work here.

As family lawyers, we are entrusted with the responsibility to advocate for the best interests of children within the legal system. The harrowing case of Jack and Paul is a stark reminder of the consequences when the system fails to protect those it is meant to serve.

From a legal perspective, this case raised profound concerns about the processes by which decisions on child contact are made in the face of domestic abuse allegations. The family courts are supposed to be the avenue for protection and resolution, and yet they can sometimes inadvertently perpetuate the cycle of abuse.

The case underscores several critical points for family law practitioners:

1. Risk Assessment: The need for rigorous and holistic risk assessments in family court proceedings cannot be overstated. It is essential that all evidence of abuse is thoroughly evaluated, and the safety of the child is prioritised over contact with a parent.
2. Children's Voices: Children's voices and experiences must be given significant weight in court proceedings. The wishes and feelings of Jack and Paul were communicated – they did not want to see their father – but were ultimately not heeded.
3. Reporting Restrictions: While the privacy of children is paramount, this case also brings into question the balance between confidentiality and the need for transparency and accountability in the family courts. Women’s Aid has recently won funding to establish how many children have died during unsafe child contact.
4. Implementation of Recommendations: The slow implementation of the 72 recommendations from the Ministry of Justice's expert panel, aimed at shifting the culture from 'pro-contact' to 'safety and protection', is concerning. As legal professionals, we must advocate for the swift and effective application of these reforms.
5. Education and Training: There is a clear need for ongoing education and training for all professionals involved in family law, including judges, solicitors, and Cafcass officers, to ensure they are equipped to identify and respond to the complexities of domestic abuse.

Thankfully, the family courts are becoming better at understanding abuse. Greater provisions can now be put in place to protect victims from being further victimised via the court process, but much more needs to be done.?

Eight years ago, Throssell launched a petition that called on the government and the family courts to ensure there are no more avoidable child deaths because of unsafe child contact. It now has more than 100,000 signatures and Throssell will soon hand it to the secretary of state for justice, Shabana Mahmood.

The legal system must learn from the past to prevent future tragedies. Claire Throssell's work is a poignant reminder of the human cost when the system falls short and a powerful call to action for all those involved in family law.

?“There should be no ‘presumption’ of contact, there should only be proper investigation, gathering of information and listening to children… It’s not for anyone to ‘presume’ a child is safe.”