Funding crisis affects domestic abuse survivors

A new report from the Domestic Abuse Commissioner (DAC) reveals that survivors of domestic abuse are facing significant challenges in their quest for justice, primarily due to a severe lack of funding in the family courts. The report, titled Everyday business: Addressing domestic abuse and continuing harm through a family court review and reporting mechanism, indicates that domestic abuse is a prevalent issue within these courts, with the majority of cases reviewed by the Commissioner identifying it as a concern.

Mark Evans, president of the Law Society of England and Wales, emphasised the gravity of the situation when he stated “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." He pointed out that judges have noted a critical shortage of court time and resources, resulting in rushed hearings and inadequate case preparation.

Evans highlighted the importance of legal representation for survivors, noting, “Legal representation in court can ensure a survivor gets the protection against abuse that they need, but many cannot afford it." Alarmingly, the number of domestic abuse survivors applying for court orders without legal assistance has more than doubled, exacerbating the struggle for justice. He remarked, “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.”

The inadequacies extend to the Children and Family Court Advisory and Support Service (Cafcass), which is also facing resource challenges. Evans pointed out that these limitations have resulted in less thorough safeguarding checks and recommendations than are necessary. With regard to the Qualified Legal Representative Scheme (QLR), he added, “The QLR scheme was brought in to protect survivors of domestic abuse from being cross-examined by their alleged abuser."

However, the Commissioner’s research uncovered considerable resourcing issues plaguing the QLR, including “a lack of training and low fees which mean the courts struggle to find a QLR when one is needed.” Evans called for a comprehensive review by the Ministry of Justice to uncover further areas in need of improvement.

In conclusion, he affirmed, “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.” The ramifications of these ongoing funding issues not only affect survivors but also endanger the welfare of children caught in these legal battles.

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