Domestic Violence, Safety and Family Proceedings
11 October 2005
Today sees the publication of the review
undertaken by HM Inspectorate of Court Administration (HMICA) of
how domestic violence issues are addressed by the Children and
Family Court Advisory and Support Service (Cafcass) and
administered within the family courts in Her Majesty’s Courts
Service (HMCS).
Domestic violence blights the lives of
countless numbers of adults, as well as having traumatic
consequences for the wellbeing of children involved in family
disputes where violent behaviour by a parent is a contributory
factor. This review focuses on the experiences of adults and
children going through family court proceedings – typically,
applications for residence and contact between children and their
separated parents – and how Cafcass practitioners can better help
these vulnerable people as they go through the process.
Survivors of domestic abuse can often be
apprehensive about encountering their abusive former partner,
fearful of their own safety and that of their children. In this
review, survivors described to Inspectors situations from their own
experience, such as having to sit near their ex partner while
waiting to go into court, or talking to a Cafcass practitioner – in
the presence of their abusive partner – about their relationship.
Inspectors observed such interviews at first hand. They also
attended family court sessions, to see what arrangements HMCS makes
to safeguard domestic violence survivors, to ensure they can
participate fully in the proceedings, without feeling intimidated,
and have proper access to justice.
The report describes some examples of good
practice, where significant efforts have been made to respond
sensitively to the particular needs of people who have suffered
domestic abuse. However, too often these good examples have come
from individual initiative on the part of court staff or Cafcass
practitioners, rather than from any central direction or strategy
by HMCS or Cafcass.
The report makes recommendations (five to
Cafcass and six to HMCS) aimed at improving service delivery to the
public, with particular emphasis on:
- Putting in place national standards and
competencies, providing training in risk assessment and improved
safety planning (Cafcass)
- Developing and implementing policies
(including staff training) that safeguard vulnerable people, and
making information about court facilities available to them before
they attend court (HMCS).
The Chief Executive of HMCS, Sir Ron de
Witt, welcomed the report. He said:
“Domestic violence is a feature
of many family proceedings cases. Victims deserve to receive the
best possible support from the family courts so they can take a
full part in the legal process. I am pleased this report praises
our work in the criminal courts and highlights examples of good
practice at a local level in the family courts. However, we need to
do better. We will develop a national strategy for dealing with
family cases where domestic violence is a factor, ensure we have
systems in place to identify these cases and publicise the special
facilities we can offer, such as video conferencing. These changes
will help to ensure that family courts address the experiences and
fears of victims of domestic violence.”
Anthony Douglas, Chief Executive of Cafcass,
also responded positively:
“Cafcass recognises the need to
safeguard and support victims of domestic violence, including
children, more rigorously. This report highlights many areas of
concern for us and we are committed to improving the experiences of
those who are referred to our service following relationship
breakdown. The findings of this report will be built into our
practice and into our quality assurance programmes, and the lessons
for ourselves and our partner agencies will be taken on board and
given the highest priority.”