A new approach being piloted in family courts in North Wales and Dorset is set to provide better support for victims of domestic abuse.
The pilot aims to improve communication and information sharing between local agencies such as the police, local authorities and the courts. This may also include local professionals who specialise in domestic abuse cases sharing risk assessments with the courts so the victims are spared the necessity of having to repeat their testimony.
Moreover, the pilot will give children more of a voice during the whole process, ensuring they are heard and their views taken into account when the court makes decisions about their future. They will have more opportunities to explain how they feel and, in cases where the court makes a ruling, be permitted to feed back on how that ruling is working for them.
The new method being piloted involves the judge reviewing and, where necessary, requesting further information before the case reaches the courtroom, avoiding the circumstances of the case being debated therein – a situation which often serves only to exacerbate the parents’ conflict.
The pilot will also encourage a less adversarial approach to court proceedings, with more investigation into allegations of domestic abuse (and other harmful behaviours) and addressing those issues rather than allowing a courtroom confrontation to take place.
In the majority of cases, the court and relevant agencies will also conduct a review between three months and a year after the ruling to assess whether the decisions are working as they should, whether orders are being followed, and if additional support is required.
Justice Minister Lord Wolfson QC said:
“This government is doing everything we can to protect victims, make them feel safer, and give them greater confidence in the justice system.
“These pilots will help ensure victims of domestic abuse aren’t further traumatised by the court process and that better decisions are made about their and their children’s lives.
“This, alongside our landmark Domestic Abuse Act, will ensure that victims are loudly heard and fully supported.”
A review of Family Courts found that adversarial processes in the court system and in the courtroom itself often made conflict between parents much worse, leading to a greater impact on victims and their children.
The pilot’s announcement forms part of sweeping governmental reforms into how family courts operate as part of the Domestic Abuse Act. The changes also include a ban on perpetrators cross-examining their victims as well as measures to stop them from repeatedly bringing former partners back to court, which in itself can be used as a form of domestic abuse.
Nicole Jacobs, Domestic Abuse Commissioner for England and Wales said: “Every day I hear from domestic abuse survivors about their experiences in the family courts. Many victims and their children feel re-traumatised by the process which is why seeing improvements in the family courts is one of my top priorities as Commissioner
“I am delighted to see the Harm Panel’s recommendation to test a more investigative approach to domestic abuse cases now being piloted.
“Crucial to the success of these pilots will be ensuring that domestic abuse – particularly coercive control and the impact it has on adult and child victims – is fully understood and the risk it poses to survivors and children is taken into account throughout the proceedings.”
Rhianon Argent, Senior Practitioner, Bournemouth Women’s Refuge & BCP Outreach Team, said in a statement:
“BCHA are pleased to be involved in this important pilot project that will provide essential support for domestic abuse survivors going through the family court. This project has enabled us to recently recruit a specialist support worker, as part of our domestic abuse team, who will be dedicated to the family court.
“They will focus on the safety of victims at risk of harm from partners, ex-partners or family members providing support before, during and after the court process.
“In addition, they will provide training and support for court personnel in understanding domestic abuse and coercive control.
“This is a much-needed new initiative, so that we can raise awareness of the trauma caused by domestic abuse and help to achieve best evidence at court with victims and survivors in Bournemouth and the surrounding areas.”
Rhian Lewis, Head of Operations / Deputy CEO, Domestic Abuse Safety Unit (DASU) North Wales commented:
“DASU are very excited to be actively involved in the pathfinder’s pilot in North Wales.
“Many of the families that we support have felt let down by the Family Courts system stating that they felt that no one was listening to their experiences of domestic abuse and that perpetrators were able to continue to control and abuse them through this process. Survivors of domestic abuse have suffered enough.
“The Pathfinder pilot is a real opportunity to change the way that we support families that experience domestic abuse by recognising the risk, addressing safeguarding issues, reducing re-traumatisation and putting children and their non-abusive parent at the heart of the process. This system will improve their quality of life and put a stop to perpetrators being able to use the Family Courts as a means of exercising their control.”
The pilot will be tested initially in Bournemouth and Weymouth in Dorset, and Caernarfon, Mold, Prestatyn, and Wrexham in North Wales for up to two years before a final evaluation.
A wide range of family justice experts were involved in the creation of the pilot, including judges, charities, and academics, and the pilot involves three stages.
In the first, agencies gather relevant information to establish whether there are any concerns for a child or person involved in the case relating to substance abuse, domestic abuse, or other welfare issues.
Next, a hearing will decide what interventions or other decisions are required, such as whether mediation out of court would be appropriate. It would also consider whether other programmes, such as the Separated Parent programme on putting children first during a relationship breakdown, would be appropriate before making an order.
The final stage would be the review up to a year after the order was made.
The process aims to remove the confrontational elements from the family court system, switching to a more investigative and problem-solving perspective to reduce potential harm.
Where safe and appropriate, the pilot may also direct families towards family mediation, which could see them avoid the courts entirely if they are able to resolve their disputes without a lengthy and costly courtroom battle.
Since March 2021, over 5,800 family mediation vouchers have been distributed to assist families use the service as part of a £3.3 million government fund. As a result, 77% of cases have reached full or partial agreements without the need of going to court.
