2 hours ago 
Image source, Getty
BySanchia Berg and Tara Mewawalla
A parent has successfully appealed against a determination made by Family Court Judge Robin Tolson KC, aft helium allowed her ex-partner - who was being investigated by the constabulary for rape - overnight interaction with their 3 young children.
The begetter had admitted home abuse, including unit and coercive control, and the parent had besides claimed helium had raped her.
On Monday High Court Judge Michael Keehan said that Judge Tolson had been incorrect to disregard "out of manus truthful superior an allegation that it was being investigated by the police".
The lawsuit volition present beryllium reheard.
Judge Tolson was criticised six years agone for his "outdated" views connected rape, which included saying that a pistillate could not person been raped due to the fact that she did not physically defy her partner.
His determination was overturned by Mrs Justice Russell successful January 2020, and helium stepped down from his relation arsenic a elder justice successful London.
The incidental made headlines, and prompted dozens of MPs to explicit interest that Judge Tolson was inactive proceeding Family Court cases involving allegations of rape and home maltreatment extracurricular London.
A mother, who we are calling Anna, sought this week astatine the High Court to entreaty Judge Tolson's judgement from March 2025, erstwhile helium was proceeding her lawsuit successful Reading Family Court.
She argued that her ex-partner should lone person precise constricted supervised interaction with their 3 children.
Anna said that the begetter had implicit respective years raped her, subjected her to affectional and verbal abuse, and attempted to strangle her.
At the clip of the household tribunal hearing, constabulary were investigating.
Judge Tolson held the last proceeding and said the household tribunal did not request to hold for the result of the constabulary investigation, oregon transportation retired its ain investigation.
The mother's barrister Elisabeth Traugott called connected the justice to measurement backmost from the lawsuit due to the fact that his remarks "aligned" with earlier comments.
Judge Tolson said: "I was criticised successful that determination for my attack to the question of consent. I bash not judge that criticism."
Image source, AVALON
Judge Tolson stepped down from his relation arsenic a elder justice successful London respective years ago
The barrister Charlotte Proudman said Judge Tolson's behaviour "warrants urgent consideration" by the Judicial Conduct Investigations Office and the Lady Chief Justice.
She said: "I person represented women who person appeared earlier Judge Tolson, and it is evident that galore person mislaid assurance successful his quality to reasonably woody with cases involving superior allegations of home abuse."
Judge Tolson's decisions person been successfully appealed respective times successful the past six years.
In 2021, 3 precise elder judges recovered his attack to the grounds "seriously flawed" successful a lawsuit wherever a parent alleged rape and abuse. Judge Tolson had characterised the parent arsenic "deeply troubled" and "with intelligence wellness difficulties", alternatively than a unfortunate of home abuse.
In 2024, Judge Tolson was again criticised by the Court of Appeal successful a lawsuit involving allegations of home abuse. Judge Tolson had said that the begetter should person unsupervised interaction with his children, contempt the allegations.
In 2025, Mrs Justice Judd successful the High Court overturned Judge Tolson's determination to let a begetter to person unsupervised video interaction with his children, aft he'd pleaded blameworthy to assaulting the parent and her family.
Many household cases impact allegations of home abuse. A recent study by the Domestic Abuse Commissioner, external based connected a constricted illustration recovered that it was mentioned arsenic an contented successful astir 90% of cases.
The authorities responded earlier this month, saying that it was determined to instrumentality enactment to amended the experiences of those progressive successful backstage instrumentality proceedings wherever parents are warring implicit their children, including those who are victims of home maltreatment and different superior offences.
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