The Law Society of England and Wales has responded to the Domestic Abuse Commissioner’s report into the way domestic abuse is dealt with in the family justice system.
‘Everyday business: Addressing domestic abuse and continuing harm through a family court review and reporting mechanism’ takes aim at the legal profession, saying outdated and ‘antiquated’ views has meant coercive and controlling behaviour is ‘frequently dismissed’ leaving survivors feeling unheard, unsupported, and unprotected.
The Law Society has responded saying there needs to be more funding allocated to the family courts system ‘so domestic abuse survivors can get the protection they need.’ President Mark Evans said
“Everyone should be able to live their lives free from violence and fear. Despite the hard work of judges, lawyers and court staff, years of underfunding from government means domestic abuse survivors do not get the public service they need from the family courts.
“As this report shows, judges have highlighted a lack of court time and resources, leading to rushed hearings and inadequate case preparation.
Representation is a huge issue for survivors, with Evans suggesting legal representation offers protection, by many simply cannot afford it. He points to data from the recent Family Court Statistics Quarterly showing between Q2 2011 and Q2 2024 the number of domestic abuse survivors applying for court orders without a lawyer present has more than doubled. What is needed, he adds, is ‘investment from government (to) help ensure legal support is there when our communities need it, helping families secure safe arrangements which allow children to thrive, and reducing delays and backlogs in the courts.’
Elsewhere the Children and Family Court Advisory and Support Service (Cafcass) is also under-resourced ‘meaning safeguarding checks and recommendations are not as thorough as they need to be’ said Evans; and Qualified Legal Representative Scheme (QLR), brought in to protect survivors of domestic abuse from being cross-examined by their alleged abuser, faced ‘significant resourcing issues’ including a lack of training and low fees which mean the courts struggle to find a QLR when one is needed.
Evans concluded
“A thorough review by the Ministry of Justice would bring to light what else needs to be improved. The Commissioner’s report makes it clear that the whole family court system needs to be properly funded.
“We call on the government to act on this report to properly invest in the family court system, so domestic abuse survivors can get the protection they need.”
