Legal updates newsletter
Legal updates: April – June 2026
Issue 1
Deepfake images
From 6 February 2026, it became a criminal offence in England and Wales to intentionally create or request the creation of a sexually explicit or intimate image of another adult without their consent.
This means it is a crime for someone to either create a fake sexually explicit image or a fake intimate image, or to ask someone else or a particular app or service to create one for them.
It covers images which appear to be, or to include, a photograph or film of the person (but is not, or is not only, a photograph or film of the person), where the image appears to be of an adult, and appears to show the person in an intimate state.
This includes images created or altered using artificial intelligence (AI), sometimes referred to as “deepfakes”. Apps that create such images are sometimes called “undressing apps” or “nudification apps”.
The image does not have to be shared for the offence to be committed. The creation of the image alone is enough.
If the image is shared on social media, this can also be reported to the platform directly using the platform’s reporting tools. There is also a tool provided by the Revenge Pron Helpline, the StopNCII.org tool, which allows you to:
- Create a secure digital fingerprint (hash) of the image immediately
- Prevent the image from being shared across participating platforms
- Take action from your own device without uploading the image itself
Proposed repeal of the presumption of parental involvement
The Government has announced its intention to repeal the statutory presumption of parental involvement in section 1(2A) of the Children Act 1989. The presumption currently requires the court to assume, unless the contrary is shown, that a child’s welfare is furthered by the involvement of both parents in their life (in some form, not necessarily direct contact). The announcement follows a government review which concluded that the presumption has contributed to a “pro-contact” culture, potentially placing children and survivors of domestic abuse at risk by prioritising ongoing parental involvement. It is important to emphasise that the law has not yet changed: repeal will require primary legislation and is expected to be implemented via a clause in the forthcoming Courts and Tribunals Bill.
Child Focused Courts – national rollout
In March 2026, the Government confirmed the national rollout of “Child Focused Courts” (previously the Pathfinder model) across England and Wales. This model aims to place children’s welfare at the centre of private law proceedings, with earlier information gathering (including Child Impact Reports), a more investigative and less adversarial approach, and improved multi-agency working – particularly in cases involving domestic abuse. Early evidence from pilot areas indicates significantly faster case resolution. Initial expansion is taking place in selected regions, with further rollout planned over the next three years. However, there is currently no confirmed timetable for implementation in London, and rollout will be phased geographically. Further details are available here: Government announcement on Child Focused Courts.
The modern approach to experts and ‘parental alienation’
In the second case of its kind, the President of the Family Division has overturned another finding that a mother had ‘alienated’ her children from their father. The children were removed from their mother’s care in 2019 following the opinion of an unregulated psychologist, who diagnosed ‘alienation’ and dismissed the relevance of serious allegations of domestic abuse. Those allegations were not properly investigated at the time. The President found the approach adopted to be fundamentally flawed and overturned the findings of ‘alienation’ and the decisions flowing from them.
This judgement (Re Y (Experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38) follows O v C [2025] EWFC 334, and together they mark a significant shift in the court’s scrutiny of expert evidence.
The President has asked the Family Justice Council to consider the legal mechanisms available to other mothers seeking to return to court where professional failings of this nature may have affected the outcome of their cases.
Migrant victim – survivors of domestic abuse
New policy guidance has been published by the Home Office relating to migrant victim-survivors of domestic abuse applying for settlement (also known as ‘indefinite leave’). The guidance changes how Home Office immigration decision-makers will assess evidence of domestic abuse. This will affect frontline professionals who are asked to provide evidence that can be sent to the Home Office in support of immigration applications. Frontline professionals providing evidence in support of immigration applications may need to adapt their approach to address the new guidance. Rights of Women’s training course on ‘Indefinite Leave for Victims of Domestic Abuse’ will address these changes.
Changes for migrants under the EU Settlement Scheme
Grant funding for legal advice and support of vulnerable migrants under the EU Settlement Scheme has ended. Since 2019 government has funded voluntary and community organisations across the UK to support vulnerable individuals in applying to the EU Settlement Scheme. This crucial funding has supported victim-survivors of domestic abuse and trafficking, as well as other vulnerable migrants, to secure immigration status and rights to public funds after Brexit. Government decided to stop providing this funding which ended in March 2026. There continues to be significant demand for immigration advice relating to the EU Settlement Scheme which has led to widespread concern amongst civil society that this funding cut will harm vulnerable migrants, increase pressure on an underfunded advice sector and increase the burden on local authorities and other specialist services. Rights of Women continues to operate its specialist legal advice line relating to the EU Settlement Scheme to support migrant victim-survivors.
Government has announced a new phase within the EU Settlement Scheme relating to those who continue to have pre-settled status and have not yet upgraded to settled status. Pre-settled status holders who have stopped meeting the qualifying conditions of the EU Settlement Scheme through absences from the UK may have their pre-settled status cancelled. Government has indicated this action is targeted at individuals who are no longer resident in the UK since they were granted pre-settled status. Rights of Women has joined with other charities to express our concerns over the plans.
Free Training opportunities
In each newsletter we will share upcoming free training dates for non legal professionals across London boroughs in community, voluntary and statutory VAWG roles.
Upcoming free courses
Peer Support, Supporting Victims of Domestic Abuse | 7 Sep 2026
Indefinite Leave for Victims of Domestic Abuse | 8 Sep 2026
Domestic Abuse Act 2021: Protection for Survivors in Legal Proceedings | 9 Sep 2026
Registration for these courses will open soon – full details in our next newsletter.
Ticketed sessions
These sessions are paid and open to professionals across England and Wales.
Sexual Violence and Criminal Justice Processes for Professionals | 12 Aug 2026
Migrant Women & Immigration Control | 2 Sep 2026 – LIMITED TICKETS
Funded by London Councils and part of the London Violence against Women and Girls (VAWG) Consortium, Ascent Advice and Counselling strand.
http://www.londoncouncils.gov.uk/services/grants
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