Right to Equality’s Scratching the Surface:Victim Blaming in Family Court Judgments report: implications for practice

Right to Equality’s Breaking Bias, Building Justice: Scratching the Surface examines victim-blaming and gender bias in family court judgments involving allegations of domestic abuse and sexual violence. Analysing 91 published judgments from 2020-2025, researchers found 74% contained at least one instance of victim-blaming, with 530 instances identified. Most were subtle, with discrediting, behavioural blame and trivialisation the most common forms. Mothers were disproportionately subjected to scrutiny concerning credibility, emotional presentation, parenting decisions and attitudes towards contact, while fathers’ behaviour was more frequently contextualised or minimised.

The findings suggest victim-blaming and gender bias can become embedded within judicial reasoning without necessarily reflecting intentional discrimination. However, such language may influence credibility and welfare assessments and contribute to retraumatisation and reduced confidence in the family justice system. It recommends greater publication of judgments, improved transparency, specialist judicial training on gender bias and abuse, independent consideration of recusal applications, reform of judicial complaints processes, and repeal of restrictions that inhibit scrutiny. Practitioners are encouraged to use trauma-informed approaches, challenge minimising language and carefully distinguish protective parenting from unjustified interference with contact.