Scheme to ‘better support’ domestic abuse victims to piloted in family courts

Victims of domestic abuse will receive better support as part of a new approach being piloted in the family courts, the government said earlier today.

The new pilot launched at family courts in North Wales and Dorset aims to improve information sharing between agencies such as the police, local authorities and the courts. This could include local domestic abuse professionals sharing risk assessments with the court to spare victims and parties in the case the trauma of having to unnecessarily repeat their experiences.

The governments says this will also boost the voice of children at every stage of the process, ensuring they are listened to and their views are taken into account when decisions are made about their futures. It will see children given more opportunity to explain how they feel and, following a court order, to say whether it is working for them.

The pilots work by allowing judges to review gathered information and request more documentation before a case gets to court. It avoids the circumstances of the case being debated in the courtroom, which can often exacerbate conflict between parents. The pilot will also encourage proceedings to be less adversarial so that more emphasis can be put into investigating and addressing allegations of domestic abuse and other harmful behaviours – rather than allowing confrontation in the courtroom to take place.

Between three months and a year after a ruling is made, in most cases the courts and the agencies involved will carry out a review to ensure decisions made are working well. This includes assessing whether court orders are being followed and whether additional support is needed.

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.”

The pilot follows from a review of Family Courts which found that an adversarial process often worsened conflict between parents and could have a damaging impact on victims and their children.

Today’s announcement forms part of the government’s reforms regarding family courts, contained in the Domestic Abuse Act. These include a ban on perpetrators cross-examining their victims as well as measures to prevent them from repeatedly bringing their ex-partners back to court – which can be used as a form of continuing domestic abuse.

The investigative 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 full evaluation.

The pilot was designed in consultation with a wide range of family justice experts including judges, charities and academics and is comprised of three stages. Agencies will first gather information and assess whether there are any concerns for a child or person involved in the case about substance misuse, domestic abuse, or other welfare issues.

There will then be a hearing to decide what interventions or decisions are required, for example whether it could be suitable for mediation out of court. It would also look at whether programmes such as Separated Parent programmes on how to put children first when a relationship breaks down are needed before an order is made. The new process aims to take the confrontational elements out of the family court system, with a focus more on investigating and solving problems to reduce potential harm to those involved.

The pilot will also, when “appropriate and safe”, help direct families towards accessing out of court options such as mediation. This could see them avoid the family courts altogether, resolving disputes without the stress of often lengthy and costly courtroom battles.

The government has invested more than £3.3 million into a mediation voucher scheme helping thousands of families find amicable solutions outside the courts. Since its launch in March 2021, over 5,800 vouchers have already been used under the scheme with 77 percent of cases reaching full or partial agreements away from the family courts.