Bail, Family Courts, and Child Safety: Why the Law Must Change

In this important episode, we discuss the urgent need to strengthen protections for children when someone is under investigation for rape or other serious sexual offences.Joining the conversation is Dr Elizabeth Dalgarno, Founder and Director of SHERA Research Group and Lecturer at University of Manchester, Dr Sarah Learmonth of the London School of Economics and SHERA Research Group who alongside many victim-survivors have spearheaded the campaign based on Sarah's important bail research, alongside “Jennifer” (pseudonym), who speaks on behalf of her friend “Kate” (pseudonym), a survivor whose experience highlights why legal protections for children must be strengthened.The episode focuses on our proposed amendment currently being considered in the House of Lords that would introduce a clear bail condition for individuals under investigation for rape or other serious sexual offences. The amendment proposes that if bail is granted, the suspect must:Have no direct or indirect contact with any minor child of whom they are a parent or have parental responsibilityImmediately inform any family court involved in proceedings concerning the child that such a restriction is in placeThe aim of the amendment is to close a dangerous legal gap between the criminal justice system and family courts, ensuring that children are protected while serious allegations of sexual violence are being investigated.Dr Sarah Learmonth explains research on sexual violence, bail decisions, and safeguarding failures, and the risks created when family and criminal justice systems operate without effective coordination.Jennifer shares Kate’s experience, describing how her friend’s former partner was able to apply to the family court for orders concerning the children while on police bail for repeated rape, forcing years of litigation and exposing major gaps between the criminal justice and family court systems.The case highlights how delays in evidence disclosure and poor information-sharing between police and family courts meant critical safeguarding information was not always available when decisions affecting the children were made.Kate describes how the legal process led to years of financial and emotional harm, including losing her career, spending significant sums on legal fees and being forced into prolonged court proceedings while the criminal investigation continued.The discussion also explores how allegations of “parental alienation,” repeated court applications and system delays can be used in ways that prolong post-separation abuse and place additional pressure on victims and children.After years of proceedings, the family court ultimately established that rape and abuse had occurred and restricted the father’s contact with the children, but only after significant harm and delay.More broadly, the episode explores concerns about bail conditions, victim participation in safeguarding decisions, barriers to accessing protective orders, and gaps in coordination across different parts of the justice system.Clearer bail conditions and better information sharing are essential to protect children and prevent alleged perpetrators of sexual violence from using legal processes in ways that can prolong harm.Please contact the House of Lords today as this will be considered in the House of Lords on 10th March 2026.Read the amendment here:⁠https://bills.parliament.uk/bills/3968/stages/20503/amendments/10033632⁠Contact members of the House of Lords:⁠https://members.parliament.uk/members/Lords⁠⁠https://www.parliament.uk/business/lords/whos-in-the-house-of-lords/get-in-touch-with-members/⁠If you or someone you know is affected by sexual abuse or violence, support is available through WeStand, a charity supporting people affected by sexual abuse.Find help and resources:⁠https://westand.org.uk⁠You are not alone — support and advocacy are available.⁠https://www.shera-research.com/resource-center