Nearly 90% of cases before the family courts in England and Wales show evidence of domestic abuse, a watchdog has disclosed.
Physical, psychological or sexual abuse of a member of the family or household was uncovered in 87% of cases, according to a review ordered by the domestic abuse commissioner, Nicole Jacobs.
The abuse was frequently not recognised as an “active issue” or taken seriously with regard to the type of contact children would go on to have with the abusive parent, she said. In more than half of the cases reviewed, unsupervised overnight contact was ordered.
“No child should be forced to spend time with an abusive parent or caregiver if the circumstances aren’t safe for them to do so,” Jacobs said. “But time and time again we see how the pro-contact culture and antiquated views on domestic abuse are contributing to decisions that put children in harm’s way.
“It’s clear that domestic abuse can no longer be considered a side issue within the family justice system, but instead its everyday business that demands a rigorous response.”
Academics from Loughborough University examined 298 files from three courts and observed nearly 100 court hearings. As well as discovering evidence of abuse in case files, the team also heard claims of abuse in 73% of observed hearings, the report said.
Survivors repeatedly described how they were dissuaded from raising allegations of domestic abuse due to the suggestion that it would have “no impact” on whether the abusive parent would be granted contact. Others said they felt that pressure had been put on them to accept potentially unsafe child arrangement orders out of fear that, if they contested, an even worse outcome would be granted.
Jacobs said survivors were being forced to navigate the complex system without representation. She urged the Ministry of Justice to commit to a rollout of the multi-service Pathfinder courts to resolve problems between parents sooner, and place more emphasis on hearing children’s voices.
“The government must also provide the necessary investment to extend the pilot study, conducted by my office, to allow for rigorous oversight on the changes being made and ensure accountability from within the family court,” she added. “Tinkering around the edges will no longer suffice.”
The report highlights how outdated views on domestic abuse among some legal professionals means physical violence is taken more seriously but coercive and controlling behaviour – which often underpins physical abuse and is an offence in itself – is frequently dismissed.
A report by Women’s Aid this summer detailed how 19 children had been killed over nine years by adults who had been allowed contact with them despite a history of violence.
In March, MPs discussed the presumption of parental involvement, and heard from Claire Throssell, whose two sons, Jack and Paul, were murdered by their abusive father during court-ordered unsupervised contact.
On Tuesday Catherine Roper, the chief constable of Wiltshire police, apologised after a staff member’s failure to properly undertake applications under Clare’s law – which allows people to find out whether a partner has a history of violence or domestic abuse – left women at risk of violence, including one who was the victim of attempted murder.
Justice minister Alison Levitt KC said: “The horrors that domestic abuse can bring on children are unspeakable, scarring them for life, and as a government we want to do everything in our power to stop this epidemic.
“That’s why we’re improving family courts by helping families get the support they need faster, with our reformed model reducing case times by 11 weeks on average, and ensuring children’s voices are heard.
“This is about protecting children, standing up for victims, and making sure justice works for all those who need it.”
