Right to Equality calls for investigations by the Judicial Conduct Investigations Office and the Lady Chief Justice into the conduct of Judge Tolson.
Our recent report “Scratching the Surface: Victim-Blaming and Bias in Family Courts” highlighted the use of victim-blaming language and bias in family courts. Some of the most egregious examples we highlighted in our report were from Judge Tolson, who has been the subject of repeated criticism in respect of his poor approach to domestic abuse in family courts. In a landmark decision in 2020, his finding that a mother had not been raped because she had not physically fought off her rapist was overturned, showing a deeply flawed approach that perpetuated victim-blaming myths, which should be consigned to history books.
We have learnt today via a BBC report by Sanchia Berg on Radio Four, that Judge Tolson recently regarded a serious allegation of rape as having little or no relevance to a child’s welfare. Where a mother alleges that she was raped by the child’s father, the implications for both her and the child’s safety are extremely serious. He has chosen to inflict serious psychological, emotional and sometimes physical harm that directly impacts on her long term welfare and thereby the child’s welfare. Enforced contact with this rapist would be state-sanctioned abuse.
Public confidence in the family justice system is arguably at an all-time low, particularly for victims of abuse. There has been a significant volume of reports documenting the family court’s failure to properly address the dynamics of domestic and sexual abuse, leaving parent and child survivors at risk of irreparable harm. We know of children who have been killed after family courts ordered contact between abusive fathers and their children, including Jack and Paul, the children of Claire Throssell. Thousands of others are having to endure enforced contact with an abusive parent because the court deem it to be in their best interest.
Alongside other specialist organisations, we have been calling for thorough and mandatory judicial training into domestic and sexual abuse by experts. Last year, alongside a coalition of violence against women and girls organisations, we provided the Judicial College with an outline of essential modules that any judicial family training must cover. In response, the Judicial College shared a seven page document which provides almost no information on the content and amount of training received by judges on domestic abuse, particularly in family court. These judges have the power to force children and victims into maintaining contact with an abuser. How they are trained is a matter of significant public interest.
The conduct of Judge Tolson warrants urgent consideration by the Judicial Conduct Investigations Office and the Lady Chief Justice. Judges who echo harmful attitudes towards victims and children must be held accountable; it is essential for the integrity of our justice system.
Published 6th July 2026