The government has announced that as of 25 June, survivors of domestic abuse and their children will receive greater protections after an overhaul of hour family courts deal with the crime.
Victims of domestic abuse will be given access to separate entrances and waiting rooms, as well as protective screens to shield them from their alleged abuser when in court, in the sweeping reforms.
The initiative also makes it easier for judges to issue barring orders, preventing abusers from dragging their former partners back to the courts, using it as another form of control and abuse.
An expert-led review examined how family courts deal with domestic abuse and other such serious offences, and raised concerns that victims and their children were being put at unnecessary risk.
The review panel was made up of representatives from the judiciary, family law practitioners, charities, and academia and incorporated the views and findings of over 1,200 organisations and individuals.
Justice Minister Alex Chalk said: “Every day the family courts see some of the most vulnerable in society and we have a duty to ensure they are protected and not put in danger.
“This report lays bare many hard truths about long-standing failings, but we are determined to drive the fundamental change necessary to keep victims and their children safe.
“But this is not all we’re doing. Our landmark Domestic Abuse Bill will transform society’s response to this destructive crime – protecting victims and pursuing perpetrators more than ever before.
The panel found that an adversarial process in family courts often increased conflict between parents with the potential to re-traumatise victims and their children.
The Integrated Domestic Abuse Courts pilot – part of fundamental reform of how the courts hear cases, will be trialled, considering family and criminal matters in parallel so as to provide more consistent support for victims.
The pilot will prioritise getting to the root of an issue while ensuring all parties involved are safe and able to provide evidence on an equal footing, mitigating the traumatising effects of being in court and facing an abusive ex-partner.
Ministers also intend to launch a review into the presumption of ‘parental involvement’ which often encourages a child’s relationship with both parents unless such involvement puts the child at risk.
The review will examine whether the correct balance is being struck between the right of the child to have a relationship with both parents, and the risk of harm to them from it. Further details about the review will be released in due course.
Nicki Norman, Acting CEO of Women’s Aid, said: “This report marks a major step forward in exposing what women and children experiencing domestic abuse have been telling us for decades.
“The culture of disbelief identified by the panel is a barrier to courts making safe child contact arrangements in cases of domestic abuse. The result is that, all too often, survivors and their children experience the family courts as failing to effectively protect them.
“This welcome report must now deliver change. Guaranteeing special measures in the family courts is a critical protection which survivors have long called for. As a member of the expert panel, I look forward to seeing the government and family judiciary adopt all of the recommendations to change the culture of the family courts and deliver a safe and just contact system for survivors and their children.”
These measures all form part of an implementation plan published by ministers, detailing immediate, as well as longer-term plans to provide better protection for victims in family courts. These include:
- Trialling an investigative, problem-solving approach in private family law proceedings as part of an upcoming pilot of Integrated Domestic Abuse Courts. This could see judges decide what evidence to investigate, rather than both parties presenting their cases against each other.
- Giving automatic entitlement for special measures in the courtroom for victims of domestic abuse going through the family courts – such as separate waiting rooms, entrances and screens – via a further amendment to the Domestic Abuse Bill.
- Reviewing the presumption of ‘parental involvement’ and whether the right balance is struck between the risk of harm to children and victims, with the right of the child to have a relationship with both parents.
- A commitment to change the provision on ‘barring orders’, which prevent abusers repeatedly dragging ex-partners back to court over child arrangements. Ministers will review whether this is best done through legislative or non-legislative means.
- Inviting the Domestic Abuse Commissioner and Victims’ Commissioner to monitor and report on private family law proceedings involving victims of domestic abuse.
CEO of Welsh Women’s Aid, Sara Kirkpatrick, said: “Welsh Women’s Aid welcomes the publication of Ministry of Justice panel’s report on assessing risk of harm to children and parents in private law children cases.
“Critically the report’s recognition of alignment with the Welsh devolved context is vital to ensuring the whole system delivers maximum protection, safety and support for all survivors of abuse.”
The changes build on the Domestic Abuse Bill which is currently before Parliament, aiming to transform the court’s response to dealing with perpetrators and protecting victims of domestic abuse.
Key measures of the Bill include:
- Creating a statutory definition of domestic abuse, emphasising that domestic abuse is not just physical violence, but can also be emotional, coercive or controlling, and economic abuse
- Establishing a Domestic Abuse Commissioner, to drive the response to domestic abuse
- Introduce new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and place restrictions on the actions of offenders
- Place a duty on local authorities in England to provide support to victims of domestic abuse and their children in refuges and other safe accommodation
- Prohibit perpetrators of abuse from cross-examining their victims in person in the family courts in England and Wales
- Enable domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody
- Place the guidance supporting the Domestic Violence Disclosure Scheme (‘Clare’s law’) on a statutory footing
The government has backed the Bill by £35m to support victims and their children, plus an additional £76m announced in May to support vulnerable victims during the pandemic, including victims of domestic abuse and sexual violence.
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