Domestic abuse victims forced to wait in same rooms as alleged perpetrators at courts, barrister warns
Victims of domestic violence are being forced to share waiting rooms with alleged perpetrators in “dilapidated” court buildings due to a lack of security, a leading lawyer has said.
Ahead of Labor unveiling its strategy (VAWG) to halve violence against women and girls, the Bar Council said years of underfunding of family courts was hampering the government’s ability to tackle the problem.
A report published by the Domestic Abuse Commissioner in October found that domestic abuse occurs in almost 90 per cent of family cases. The situation has been described as a “public emergency.”
Latest figures show that more than 1.2 million women and more than 550,000 men aged 16 to 59 are estimated to be victims of domestic violence in the year ending March 2024.
The Bar Council, which represents all 18,000 barristers in England and Wales, has called for policy change as the government prepares to set out its strategy for the next decade.
This includes increasing legal aid funding, eliminating the defunding of legal aid for alleged victims, and making all cases of domestic abuse covered by legal aid for both parties.
While only 15 percent of families currently qualify for legal aid, the difficulty in recruiting and retaining qualified family lawyers has resulted in large parts of the country becoming a “legal advice desert.”
As a result, many people are forced to present themselves as “parties in the case,” which can often be a re-traumatizing process.
Although the Qualified Legal Representative scheme was introduced in 2022 to protect victims from being cross-examined by abusers, inadequate funding meant the scheme was inadequate and not fit for purpose.
Bar Council President Barbara Mills KC said: “Violence against women and girls is not a private problem, it is now a public emergency. We know women and girls are being hurt in the place they call home, by men who claim to love them.”
He emphasized that, in addition to justice sought through the criminal courts, family justice must also be recognized as having a central role in the fight against VAWG.
“But in its current state, the system cannot work as it should,” Ms Mills said. “A long history of underfunding in the court system has left a dilapidated and understaffed courthouse that is not always sufficient to support efficient work.
“In some courts, victims and alleged perpetrators are forced to sit in the same waiting room; meetings are held in adjacent rooms where conversations can be heard; there is no drinking water or hand-washing facilities; a lack of security means lawyers and our clients are in danger.
Investment is urgently needed to ensure we have justice that is accessible, survivor-centered, 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, it is also about spending to grow. A society cannot call itself prosperous when women and girls continue to live in fear.”
The national domestic violence helpline offers support to women on 0808 2000 247 or visit: Asylum website. There is a special section men’s advice line on 0808 8010 327. US residents can call the domestic violence hotline at 1-800-799-SAFE (7233). You can reach other international helplines at: www.befrienders.org
