Report Uncovers Widespread Gender Bias and Victim-Blaming in England and Wales Family Courts

The nonprofit Right to Equality’s *Scratching the Surface* examined 91 family-court judgments from England and Wales. It found 72.5 % contained at least one instance of judicial victim-blaming, with 66 judgments (73 %) featuring such language. Judges made most of the 530 victim-blaming statements. The analysis notes mothers’ behaviour is routinely scrutinised and labelled “emotional,” whereas fathers’ conduct is often contextualised or minimised.

The Guardian

• 91 judgments; 66 (73 %) included victim-blaming language.

The Guardian

• 530 victim-blaming instances: 233 discrediting, 173 behavioural blame, 99 trivialisation.

Gender bias and victim-blaming found in majority of family court judgments, report reveals

• 62.5 % of instances were subtle.

The Guardian

• Women were disproportionately described as “emotional” and faced intensive scrutiny.

The Guardian

• Bias persists despite the Domestic Abuse Act 2021.

Gender bias and victim-blaming found in majority of family court judgments, report reveals

Dr Charlotte Proudman, co-director of Right to Equality, said the findings show bias “is real, embedded in the family justice system, and shapes decisions affecting children’s safety.” MP Kirith Entwistle (Bolton North East) called the report essential and urged transparency, accountability and training to stop the “persistent and routine undermining of victim-survivors.” Sir Stephen Cobb, President of the Family Division, stated that the Family Court’s approach to domestic-abuse cases remains a key judicial priority. The Family Justice Board is tasked with publishing local transparency data.

Gender bias and victim-blaming found in majority of family court judgments, report reveals

The report proposes publishing 20 % of judgments each month, mandatory gender-bias and victim-blaming training for judges, and AI tools to flag bias. Some judges contend existing reforms—mandatory training and the child-focused model—already address domestic-abuse concerns. The report argues attitudinal change lags behind legislation, noting a “culture of disbelief” that hampers survivor safety.

The Guardian

• “She says: ‘As a barrister, I have stood in family courts and watched judges normalise abuse, trivialise trauma and silence survivors.” — Dr Charlotte Proudman, Founder & Director, Right to Equality

IT’S A MAN’S WORLD...

• “ 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.” — Kirith Entwistle, MP for Bolton North East

Gender bias and victim-blaming found in majority of family court judgments, report reveals

• “There’s no reflective feedback, there’s no learning from the decisions they’re making, so they’re never going to improve.” — Rose*, Mother of a family-court case

The Guardian

• “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.” — Sir Stephen Cobb, President of the Family Division

Gender bias and victim-blaming found in majority of family court judgments, report reveals

Sir Stephen Cobb emphasizes that domestic-abuse handling remains a priority, while the Right to Equality report argues that attitudinal change has not kept pace with reforms, indicating a discrepancy between institutional self-assessment and external analysis.

Gender bias and victim-blaming found in majority of family court judgments, report reveals

The “Breaking Bias, Building Justice” campaign urges the government to adopt the report’s recommendations, with a parliamentary debate scheduled for the coming weeks and a call for AI-assisted bias-detection pilots in family courts.

Gender bias and victim-blaming found in majority of family court judgments, report reveals