The Bar Council calls for investment and reform in the family courts

The Bar Council, which represents all barristers in England and Wales, recognises that the family justice system has a unique role in the government’s (not yet finalised) strategy on how it plans to halve violence against women and girls in the next decade.

According to the Government’s figures in the year ending March 2024, over 1.2 million women and over 550,000 men between the ages of 16 and 59 are estimated to have been survivors of domestic abuse. The Domestic Abuse Commission published a report in October of this year which further stressed that domestic abuse features in almost 90% of family cases.

Whilst family legislation provides a basis to protect survivors of domestic abuse in the long term, whether that is through court orders such as a non-molestation order or an occupation order, the Bar Council has published a policy paper calling for investment and reform in the family courts. Underfunding in the family justice system can hamper its ability to adequately protect a domestic abuse survivor and, in some cases, subject survivors to ongoing abuse by their perpetrators during court proceedings. The Bar Council has recommended increasing legal aid funding and removing means testing for legal aid for survivors of domestic abuse. Under the current law, only 15% of families are eligible for legal aid which has in turn increased the number of individuals representing themselves in court. Being a Litigant in Person can often be a retraumatising process for survivors. 

In addition, the Bar Council emphasised a need for improvement of the level of support for families and professionals going through the family justice system such as ensuring special measures (i.e. screens, separate routes into the building and waiting rooms) are in place at all court buildings.

Further recommendations in the Bar Council’s policy paper include:

• Sufficiently fund the rollout of the Pathfinder courts and the Family Drug and Alcohol Courts (FDAC) across England and Wales
• Continue to support the Domestic Abuse Protection Orders and Notices (DAPOs and DAPNs) pilot scheme
• Provision of perpetrator programmes following admissions or findings of fact hearings 
• Better coordination between the family justice system and the criminal justice system 

Barbara Mills KC and Chair of the Bar Council said: “Violence against women and girls (‘VAWG’) is not a private issue, it is now a public emergency. We know that women and girls are hurt by men who profess to love them in the place they call home.” 

“We are only scratching the surface in terms of solutions if we do not also consider family justice, alongside criminal justice, when it comes to tackling VAWG. That is why we have set out our recommendations – we know that through the family courts, we can not only protect victims but also prevent violence against women and girls for the long term.” 

“But in its current state, the system cannot function as it should. A long record of underfunding in the court system has left a dilapidated and understaffed court estate, which is not always adequate to support efficient working. At some courts, victims and alleged perpetrators are forced to sit in the same waiting room; meetings are held in rooms where you can hear what is being discussed next door; there’s no drinking water or places to wash your hands; a lack of security means lawyers and our clients are in danger. Investment is urgently needed to ensure we have accessible, survivor-centred justice 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 but spending to grow. A society cannot call itself prosperous when women and girls continue to live in fear.”

At Stone King, we remain committed to supporting families through complex and sensitive legal matters. We will continue to advocate for a family justice system which supports survivors of domestic abuse.