Key information
Publication type: General
Publication date:
Contents
Claire Waxman, Victims' Commissioner for London, said:
"I welcome today’s report from the review of Family Courts. It validates what I have been hearing for many years from survivors of domestic abuse, whose voices and experiences have been minimised and dismissed during Family Court proceedings which has played a part in causing further harm and trauma. Nothing short of an urgent major overhaul is needed in the Family Courts and I’m pleased to see the government has not shied away from the fact that systemic change is needed.
"The recommendations in the Implementation Plan – such as extending special measures to family courts and stronger powers around obtaining barring orders against perpetrators who use proceedings to continue abuse - will go some way towards protecting survivors of domestic abuse and help to ensure that their voices are heard in the courts. The Integrated Domestic Abuse Courts pilot could help to tackle the disconnect between the criminal and family courts. All of this should lead to better, safer decision making for survivors and their children.
"However, the pro-contact culture has driven much of the harm we see being done in family court decisions and we cannot wait for the further review on the presumption of parental involvement when we know too many lives are at risk of serious harm now. Crucially, the courts should not allow parental responsibility or contact with the perpetrator when they have a conviction, are subject to a restraining order, or where it's been proven that they pose a serious risk of harm to that individual and the child.
"The review has rightly identified a lack of resources as central to the issues we see in the Family Court, something which cuts across the entire justice system. If the government is truly committed to bringing about change for domestic abuse survivors, they must put their money where their mouth is. Non-means tested legal aid should be made available for domestic abuse cases, to ensure all victims have access to suitable representation and their legal rights are safeguarded.
"They must also increase the funds available for Independent Domestic Violence Advocates. There is already a shortfall of these vital roles in London and as their role in the courtroom rightly increases (as proposed in the report), additional resource will be required to deliver this support.
"The Domestic Abuse Bill is a landmark opportunity for us to put these protections in place swiftly for survivors and their children and I hope to see further amendments from the government to bring these recommendations into force."