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A major overhaul of family courts is underway after a report found domestic violence was “systematically minimised” and allegations often “ignored, dismissed or disbelieved”.
The government-commissioned panel of experts also said perpetrators continued to “control” their victims by being allowed to repeatedly drag them back into court.
The findings have prompted ministers to pledge a raft of “sweeping” reforms, including committing to carrying out an urgent review of “pro-contact culture” and laws which presume that a parent’s involvement in their child’s life is beneficial.
Justice minister Alex Chalk said victims will now get protective screens in court to shield them from their abuser during hearings, as well as access to separate waiting rooms and entrances.
Crucially, judges will get new powers that make it easier to issue barring orders, which prevent perpetrators from repeatedly dragging their ex back to court.
Estimates indicate domestic abuse played a part in between 49% and 62% of a sample of cases launched to establish arrangements for, or contact with, children.
While there were “widespread good intentions from those working under increasing pressure”, the report reveals “deep-seated and systematic issues that were found to affect how risk to both children and adults is identified and managed”.
The report said: “Submissions highlighted a feeling that abuse is systematically minimised, ranging from children’s voices not being heard, allegations being ignored, dismissed or disbelieved, to inadequate assessment of risk, traumatic court processes, perceived unsafe child arrangements and abusers exercising continued control through repeat litigation and the threat of repeat litigation.”
The panel also found:
– Inadequate resources to keep up with the increasing demand of cases.
– A lack of communication between different types of courts which led to “contradictory decisions and confusion”.
– More parties coming to court unrepresented.
– Victims facing a lack of understanding of types of abuse and the ongoing effects, as well as stereotypical views of how an “ideal victim” should behave.
– Perpetrators being granted orders allowing them “frequently unrestricted” contact with children and “usually without requiring an alleged abuser to address their behaviour” which meant they “continued control”.
“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.”
- Justice minister Alex Chalk
Efforts to report continuing abuse were treated “dismissively by criminal justice and child welfare agencies because of family court orders”, according to the findings.
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.”
Nicki Norman, chief executive of Women’s Aid, added: “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.”