The family justice system plays a vital role in tackling violence against women and girls (VAWG), the Bar Council argues as it calls for policy change and resources.
The government is finalising its strategy on how it plans to halve VAWG in the next decade and the body that represents all 18,000 barristers in England and Wales has stressed that the family justice system’s unique role in this must be recognised.
VAWG is often considered through the lens of the government’s ‘Safer Streets’ mission and regarded as an issue that can be ‘solved’ only in the criminal courts. This ignores the fact that many women and girls are harmed by men who are connected to them and the abuse takes place in their own homes.
Government figures show that in the year ending March 2024, over 1.2 million women and over 550,000 men between the ages of 16 and 59 are estimated to have been victims of domestic abuse.
The family court deals with these cases on a daily basis – a report from the Domestic Abuse Commissioner published in October found that domestic abuse features in almost 90% of family cases.
Family law provides a legislative basis to protect victims and prevent VAWG in the long term, whether that be through a non-molestation orders or orders regulating where and with whom a child should live.
But the Bar Council warns that years of underfunding means the system’s ability to contribute to tackling VAWG is hampered, meaning women are not appropriately and meaningfully protected, and in some cases, are subjected to ongoing abuse through court proceedings.
The Bar Council has set out a package of recommendations to improve the ability of the family justice system to address the root cause of VAWG through prevention and early intervention, including funding for perpetrator programmes, Family Drug and Alcohol Courts (FDAC) and legal aid.
Only 15% of families are eligible for legal aid. Coupled with the difficulty in recruiting and retaining skilled family solicitors, this means huge swathes of the country have become “legal advice deserts”. Many people are then forced to represent themselves as ‘litigants in person’, swallowing up time and resource that is already scarce in what can often be a retraumatising process.
The Qualified Legal Representative (QLR) scheme was introduced in 2022 to protect victims from being cross examined by their alleged abuser, but due to underfunding, the scheme is insufficient and widely regarded as not fit for purpose. The Bar Council argues that the scheme is not a proper substitute for full legal advice and representation.
Barbara Mills KC, Bar Council Chair 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