Member Article

This week, the Ministry of Justice announced details about a new forward-thinking approach in private law children cases. The pilot scheme is intended to improve the way local authorities, the police and the family court share information to improve the support provided to victims of domestic abuse.

The scheme

The new approach is being piloted by family courts in Wales and Dorset, in cases dealing with child arrangement, specific issues and prohibited steps orders. The intention is that agencies will collate and utilise information to decide whether there are concerns about abuse and welfare of the children and/or parents at the heart of the cases. Family court judges will have the opportunity review the case information and request more details before the matter is referred to court. This should mean that victims of abuse are spared the trauma of having to unnecessarily recount their experiences in the courtroom.

According to the Ministry of Justice, the scheme will also boost the voice of children “at every stage of the process, ensuring that they are listened to and their views are taken into account when decisions are made about their futures”.

A more investigative approach

It is encouraging to see that there is a shift towards a less adversarial approach with an increased emphasis on investigating allegations of abuse and harmful behaviour, rather than facilitating confrontation and aggression between parties within court proceedings. This shift is thought to be a direct consequence of a review of the family courts in 2020 which concluded that an adversarial process often worsened conflict between parents and had a damaging impact on victims and the children involved.

On that specific point, the Domestic Abuse Commissioner for England and Wales, Nicole Jacobs, says: “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. 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”.

A timely development

According to the Office for National Statistics, the number of police recorded domestic abuse-related crimes in England and Wales rose 6% in the year ending March 2021 to 845,734. Given that private law children applications to the family court also continue to rise, news of this pilot scheme is welcomed. It is hoped that it is a genuine opportunity to support families/individuals in need and give them greater confidence in the justice system. As stated by Justice Minister Lord Wolfson QC: “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”.

The pilot scheme is expected to be tested for the next two years before a full evaluation is carried out. The modernised approach is also reportedly designed to encourage families to attempt to resolve their issues outside of court proceedings.

How we can help

For anyone who believes themselves or someone close to them to be a victim of domestic abuse, there are various options available to them. The family team at Shoosmiths recognise that those victims are likely to be experiencing a time of vulnerability, anxiety, fear and so on. We can assist them to explore the potential options available to them to resolve the problem in the most effective manner possible.

To discuss how Shoosmiths might be able to help you with problems regarding any private children law matters, please feel free to get in touch with our family team on 03700 86 8300.