Survivors of domestic abuse face an uphill struggle for justice in under-funded family court system

News

The Domestic Abuse Commissioner’s (DAC) new report shows that domestic abuse survivors are being failed by a lack of funding in the family courts.

The report – Everyday business: Addressing domestic abuse and continuing harm through a family court review and reporting mechanism – has found that domestic abuse is ‘everyday business’ in the family courts, with the vast majority* of cases reviewed by the Commissioner identifying it as an issue.

Law Society of England and Wales 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.

“Legal representation in court can ensure a survivor gets the protection against abuse that they need, but many cannot afford it. The number of domestic abuse survivors applying for court orders without a lawyer present has more than doubled.**

“Investment from government will 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.

“Meanwhile, 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.”

On the Qualified Legal Representative Scheme (QLR), Mark Evans said: “The QLR scheme was brought in to protect survivors of domestic abuse from being cross-examined by their alleged abuser.

“The Domestic Abuse Commissioner’s research found that the scheme 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. A thorough review by the Ministry of Justice would bring to light what else needs to be improved.”

Mark Evans concluded: “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.”

Notes to editors

• * The Domestic Abuse Commissioner’s report found that nearly 90% of cases reviewed by them identified it as an issue. There was also evidence of abuse within 73% of hearings it observed and in 87% of the case files it reviewed.
• ** Q2 in 2011 to Q2 2024. Statistics taken from the Family Court Statistics Quarterly April to June 2024.
• Read the Domestic Abuse Commissioner’s report in full.