A more investigative, problem-solving approach in family proceedings involving domestic abuse or substance misuse allegations is being piloted in North Wales and Dorset.
The Ministry of Justice revealed further details today about the pilots, which stem from recommendations made in a government-commissioned review on the risk of harm in private law children cases.
The pilots at family courts in Bournemouth, Weymouth, Caernarfon, Mold, Prestatyn and Wrexham will cover child arrangement, specific issues and prohibited steps orders.
Agencies will gather information and assess whether there are any concerns for a child or person involved in the case about substance misuse, domestic abuse or other welfare issues. A hearing will follow to decide what interventions or decisions are required. Courts will consider whether programmes such as Separated Parents are needed before an order is made.
Judges will check within a year of their ruling whether it is working well and children will be given more opportunity to explain how they feel.
The ministry said today that the pilots, when safe and appropriate, will direct parties towards options such as mediation to remove the stress of ‘often lengthy and costly courtroom battles’. More than 5,800 mediation vouchers have been issued since the voucher scheme was introduced in March 2021.
Justice minister Lord Wolfson QC said: ‘These pilots will help ensure victims of domestic abuse aren’t further traumatised by the court process and that better decisions are made about their and their children’s lives. This, alongside our landmark Domestic Abuse Act, will ensure that victims are loudly heard and fully supported.’
Domestic Abuse commissioner Nicole Jacobs said: 'Every day I hear from domestic abuse survivors about their experiences in the family courts. Many victims and their children feel re-traumatised by the process, which is why seeing improvements in the family courts is one of my top priorities as commissioner. I am delighted to see the Harm Panel’s recommendation to test a more investigative approach to domestic abuse cases now being piloted.'
The pilot was drawn up by the private law advisory and pilots group, which comprised members of the judiciary, Cafcass, HM Courts & Tribunals Service and Ministry of Justice. The group worked with the Family Justice Young People’s Board, academics, police, the Domestic Abuse Commissioner, and charities such as Women’s Aid, Welsh Women’s Aid, SafeLives, Respect, Justice, Centre of Justice of Innovation and the Nuffield Foundation.
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