Victims of domestic abuse have had to share waiting rooms with the alleged perpetrators in “dilapidated” court facilities, with a lack of security compromising their safety, a leading barrister has said.
Ahead of Labour revealing its strategy to halve violence against women and girls (VAWG), the Bar Council has said that years of underfunding in family courts has hampered the government’s ability to tackle the issue.
A report published in October by the Domestic Abuse Commissioner found that domestic abuse features in almost 90 per cent of family cases. The situation has been described as a “public emergency”.
Latest figures show that in the year ending March 2024, more than 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 Bar Council, which represents all 18,000 barristers in England and Wales, has called for policy changes as the government prepares to lay out its strategy for the next decade.
This includes increasing legal aid funding, removing legal aid means-testing for alleged victims, and bringing all cases involving domestic abuse within the scope of legal aid for both parties.
Currently, only 15 per cent of families are eligible for legal aid, while difficulty in recruiting and retaining skilled family solicitors has resulted in huge parts of the country becoming “legal advice deserts”.
As a result, many people are forced to represent themselves as “litigants in person”, which can often be a retraumatising process.
While the Qualified Legal Representative scheme was introduced in 2022 to protect victims from being cross-examined by their abusers, underfunding has meant that the scheme is insufficient and regarded as unfit for purpose.
Barbara Mills KC, chair of the Bar Council, 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.”
She stressed that family justice must be acknowledged as having a central role in tackling VAWG, alongside justice sought through the criminal courts.
“But in its current state, the system cannot function as it should,” said Ms Mills. “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 national domestic abuse helpline offers support for women on 0808 2000 247, or you can visit the Refuge website. There is a dedicated men's advice line on 0808 8010 327. Those in the US can call the domestic violence hotline on 1-800-799-SAFE (7233). Other international helplines can be found via www.befrienders.org
