Domestic abuse bill: New legislation does not go far enough to tackle problem, campaigners say

‘It is not enough. The government must deliver the resources needed as well as legislation to make a real difference to survivors’ lives,’ says campaigner

Women's Aid criticises the government for only introducing so-called special measures to protect domestic violence victims in criminal courts but failing to do the same in family courts (Shutterstock)

Campaigners have said the government’s new domestic abuse bill does not go far enough to protect victims or tackle the problem.

The government’s landmark bill introduces the first ever statutory government definition of domestic abuse to include economic abuse and controlling and manipulative abuse that isn’t physical.

Domestic violence charity Women’s Aid welcomed the legislation but said it failed to deliver enough money to address the cuts that have seen services decimated in recent years.

The organisation said the small amount of money being given to survivors with additional needs did not offer a sustainable funding solution and would do little to help those domestic violence services struggling to stay afloat.

Victims in need of a refuge to escape their abuser are finding it harder than ever to find a free bed, with the most recent figures showing 60 per cent of them are unable to be housed, most commonly due to lack of space. Local authority spending on refuges has been cut from £31.2m in 2010 to £23.9m in 2017.

The organisation also criticised the government for only introducing so-called special measures to protect domestic violence victims in criminal courts, but failing to do the same in family courts. These measures include separate waiting rooms, different entry and exit times, screens to divide the courtroom, and facilities to give evidence via video.

A report by the charity and Queen Mary University of London into domestic abuse, human rights and child contact cases in the family courts from last year found three in five survivors reported there were no special measures in place despite allegations of domestic abuse in their case. Family courts hear cases involving domestic issues such as divorce and child custody.

The organisation also hit out at the government for failing to introduce any measures to challenge the “contact at all costs” approach by judges, which they claim is putting children in danger.

Unsupervised contact was ordered at the final hearing in almost two in five cases where there was an allegation of domestic abuse, according to a 2017 report by Children and Family Court Advisory and Support Service and Women’s Aid.

In the most extreme cases, contact decisions threatened domestic violence survivors and their children’s human right to life when contact orders placed them in unsafe proximity to abusive ex-partners or confidential information about their address or location was disclosed during the court process.

Katie Ghose, of Women’s Aid, said were they thrilled the government had introduced a ban on abusers cross-examining victims in the family courts, but this alone did not go far enough.

“Although this new law is much welcomed, it alone will not protect survivors in the family courts and challenge the ‘contact at all costs’ approach by judges, which is putting children in danger,” the chief executive said. “We look forward to working with the government to introduce greater protections in the family courts for survivors, such as special measures to safeguard them in the courtroom, and ensure that children’s safety is put at the heart of all decisions made by the family courts.”

She said the response to domestic abuse has been a postcode lottery for far too long, with resources often focused on so-called “high risk” cases. An estimated 21,084 referrals to all refuges in England were declined in 2017/18, averaging more than 400 referrals declined each week.

Ms Ghose said she welcomed the additional funding to increase support for survivors with additional needs, such as disabled women, older women and women who have no recourse to public funds as a result of their immigration status.

“But it is not enough,” she added. “The government must deliver the resources needed as well as legislation to make a real difference to survivors’ lives.”

The new bill comes as the Home Office releases a report which found the economic and social costs of domestic abuse was £66bn in 2016/17.

According to the research, the vast majority of this cost – £47bn – was a result of the physical and emotional harm of domestic abuse. However, it also includes other factors such as cost to health services, police and victim services.

The legislation, which unveils the most comprehensive package ever to tackle domestic abuse, will create a Domestic Abuse Commissioner, and introduce new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders to further protect victims and place restrictions on the actions of offenders.

The new law means perpetrators will no longer be able to directly cross-examine victims in family courts. Among a raft of other measures, it also pledges £8m of Home Office funding to support children affected by domestic abuse.

Justice Secretary David Gauke said: “Domestic abuse destroys lives and warrants some of the strongest measures at our disposal to deter offenders and protect victims.

“By pursuing every option available, to better support victims and bring more offenders to justice, we are driving the change necessary to ensure families never have to endure the pain of domestic abuse in silence.”