The Bar Council has called for all family court cases involving domestic abuse to be brought within the scope of legal aid in a policy paper published this week.
The body, which represents 18,000 barristers in England and Wales, has set out a package of recommendations to improve the ability of the family justice system to deal with domestic abuse and coercive control.
Research has found only 15% of families are eligible for legal aid currently, which, when coupled with difficulties in recruiting and retaining skilled family solicitors, has led to huge swathes of the country becoming “legal advice deserts”, the Law ASocity has warned in recent months. The result of which is a growing number of litigants in person; which the Bar Council has said swallows scarce time and resources, and can often also be a retraumatising process for victims and survivors.
According to government data, in the year ending March 2024, more than 1.2 million women and more than 550,000 men between the ages of 16 and 59 are estimated to have been victims of domestic abuse.
A recently published report by the Domestic Abuse Commissioner for England and Wales has taken aim at what is described as ‘antiquated’ thinking amongst some of the legal profession when it comes to domestic abuse cases and the courts. Domestic abuse is an every day occurrence within the family justice system with evidence of abuse within 73% of hearings and in 87% of the case files reviewed as part of research informing the report.
The Bar Council said the family courts system plays a vital role in tackling violence against women and girls (VAWG), and that investment in and reform of the family justice system can help the government meet its target of halving this in a decade. Funding for the rollout of the Pathfinder programme is also high on the agneda, given its success in reducing timelines. .
Family drug and alcohol courts (FDAC) should also be rolled out across England and Wales, say the Bar Council. The policy paper also calls for continued support for the Domestic Abuse Protection Orders and Notices (DAPOs and DAPNs) pilot scheme, and the provision of perpetrator programmes after admissions or findings of fact hearings in family court.
Bar Council chair, Barbara Mills KC said
“Violence against women and girls is not a private issue, it is now a public emergency. We know that women and girls are hurt by men who profess to love them in the place they call home.
“We are only scratching the surface in terms of solutions if we do not also consider family justice, alongside criminal justice, when it comes to tackling VAWG. That is why we have set out our recommendations – we know that through the family courts, we can not only protect victims but also prevent violence against women and girls for the long term.
“But in its current state, the system cannot function as it should. A long record of underfunding in the court system has left a dilapidated and understaffed court estate, which is not always adequate to support efficient working. At some courts, victims and alleged perpetrators are forced to sit in the same waiting room; meetings are held in rooms where you can hear what is being discussed next door; there’s no drinking water or places to wash your hands; a lack of security means lawyers and our clients are in danger… Investment is urgently needed to ensure we have accessible, survivor-centred justice focused on early intervention and prevention.
“Every pound spent on preventing and responding to gender-based violence saves many more in healthcare, law enforcement, education and productivity. Investing in justice is not just about spending to save but spending to grow. A society cannot call itself prosperous when women and girls continue to live in fear.”
The Bar Council’s recommendations include:
- Increase legal aid funding in family law
- Bring all cases involving domestic abuse within legal aid scope for both parties
- Remove legal aid means testing for alleged victims and survivors of domestic abuse
- Sufficiently fund the rollout of the Pathfinder courts and the Family Drug and Alcohol Courts (FDAC) across England and Wales
- Improve support for those going through the family justice system
- Continue to support the Domestic Abuse Protection Orders and Notices (DAPOs and DAPNs) pilot scheme
- Provision of perpetrator programmes following admissions or findings of fact hearings
