High Court orders rehearing after judge allowed father under police rape inquiry overnight contact in Reading

Mother wins appeal after judge allowed father under police investigation overnight contact

The High Court in London ruled on Monday that Judge Robin Tolson KC was wrong to dismiss a police rape investigation when he allowed a father to have overnight contact with his three young children in Reading, the court announced. The decision to rehear the case follows an appeal by the mother, who said the father had been investigated by police for rape and had admitted domestic abuse.

The mother, named in court papers as Anna, asked the High Court to overturn Judge Tolson’s March 2025 ruling from Reading Family Court that permitted unsupervised overnight contact while a police inquiry was ongoing. High Court Judge Michael Keehan found the family court judge had been incorrect to treat so serious an allegation as if it required no further consideration.

Anna told the family court that the father had, over several years, raped her, subjected her to emotional and verbal abuse and attempted to strangle her. At the time of the March hearing the police investigation was active, but Judge Tolson decided the family proceedings did not need to await the criminal inquiry or conduct a separate investigation.

The mother’s barrister, Elisabeth Traugott, asked Judge Tolson to recuse himself, citing remarks he had previously made about consent that echoed earlier controversial comments. Judge Tolson responded in court that he did not accept the earlier criticisms of his approach to consent.

Legal campaigner Charlotte Proudman said the judge’s conduct should be examined by the Judicial Conduct Investigations Office and the Lady Chief Justice, adding that many women had reportedly lost confidence in his handling of cases involving serious domestic abuse allegations.

Judge Tolson has faced repeated criticism over six years for his approach to cases involving rape and domestic abuse. In 2021 three senior judges described his handling of evidence as “seriously flawed” in a case where a mother alleged rape and abuse. Subsequent appeals and reviews have overturned several of his rulings.

In 2024 the Court of Appeal criticised another of his decisions in a domestic abuse case, and in 2025 Mrs Justice Judd overturned his allowance of unsupervised video contact after a father pleaded guilty to assaulting the mother and her family. Earlier controversies included comments suggesting a lack of physical resistance could indicate consent.

The new High Court ruling requires the family court to rehear Anna’s case, taking proper account of the ongoing police investigation and the serious nature of the allegations. The result sets aside the earlier decision that family proceedings could proceed to authorise overnight contact without addressing the criminal inquiry.

The Domestic Abuse Commissioner has reported that domestic abuse is raised in almost 90% of private family cases in a limited sample, underscoring the frequency of such allegations in child contact disputes. The government said earlier this month it aims to improve the experience of those involved in private law proceedings, particularly victims of domestic abuse and serious offences.