Lived Experience of the Law: Domestic abuse and the family courts
Earlier this year, Revolving Doors hosted two policy workshops for our flagship Lived Experience of the Law research project, in partnership with Birkbeck’s Institute for Crime and Justice Policy Research (ICPR).
The project, funded by the Nuffield Foundation, sets out to develop an understanding of people’s experiences of criminal and family court proceedings, and to advocate for reforms to enhance access to justice and improve experiences of legal processes. You can find out more about our first policy workshop, held during the pilot phase of this project, here.
The theme of our second policy workshop was women’s experiences of domestic abuse and the family courts; in particular, how domestic abuse is addressed within the family court. In this blog, we outline the key reflections and recommendations from the session, including the live illustration that captured the discussions, and we set out our next steps.
Women’s experiences of domestic abuse and the family courts
To date, we have interviewed 45 people about their experiences of family court, 32 of whom were women. This includes 22 women who were involved in public law childcare proceedings and 10 women who were involved in private law proceedings (usually proceedings between parents).
For over half of these women, domestic abuse, including coercive control, was a significant factor in their stories concerning their contact with the court. The response of the court to their disclosures about domestic abuse and their dealings with their legal representation influenced their overall perceptions of their treatment by and trust in the family law process.
A key element of Lived Experience of the Law is policy workshops, which bring together legal professionals, people with lived experience of the law and the charities who support them, policy professionals, and government stakeholders to discuss findings and recommendations to improve people’s experience of the legal system and its processes.
Key findings from the policy workshop
We were glad to have attendees from a variety of backgrounds at our second policy workshop, capturing perspectives from all angles of the legal process. This included the Domestic Abuse Commissioner, Nicole Jacobs; a Family Judge; a legal advisor and former children’s law solicitor; representatives from the voluntary sector including Women’s Aid, Jewish Women’s Aid and the Firebird Foundation; and two women with recent lived experience of the family courts who had been interviewed for the project.
This workshop brought together an incredible group of people, including decision-makers, support services, Revolving Doors staff, and individuals with lived experience. The room was filled with passionate and knowledgeable individuals, all committed to discussing and addressing the critical issue of how domestic violence impacts the way women are treated in the courts system.
– Charlie, a peer researcher and the facilitator of this workshop
The key themes from these interviews and the subject of workshop discussion were:
- Women feeling unprepared both before and during hearings, and feeling unsafe, including because of a failure to implement special measures. Special measures support victims of domestic abuse going through the family courts to use measures such as having a separate waiting room from the other party when attending court, amongst other things, to prioritise their safety when having to face their abuser in court.
- Women having mixed experiences in their interactions with legal professionals. Some women felt that judges considered them to be bad parents for not being able to leave an abusive relationship. Different experiences depended on whether the case concerned public or private law: in public family law cases, women often feel punished for ‘failing’ to protect their children when dealing with domestic abuse, whereas in private cases, they felt that domestic abuse was minimised or ignored in support of parental contact. This inconsistency was confusing and distressing for women.
- A lack of understanding of cultural sensitivities in the system’s dealings with women from ethnic minority backgrounds, for example legal professionals not understanding the experiences of South Asian women in enduring domestic abuse perpetrated by in-laws rather than a partner.
Throughout the workshop, we engaged in meaningful and eye-opening discussions about the barriers and disadvantages faced by people with lived experience of domestic violence. A key theme that emerged was how the justice system often lacks the necessary understanding of trauma, and, as a result, fails to make appropriate adjustments for those affected. This lack of awareness can lead to further harm, particularly for women, who often face re-traumatisation when navigating the court system.
– Charlie
Recommendations from the workshop:
Discussions focussed on how we can meaningfully challenge these issues, and who should be involved in implementing changes. This resulted in a series of recommendations:
- His Majesty’s Courts and Tribunal Service (HMCTS) should ensure that sufficient special measures resources are available across the nation’s courtrooms.
- In line with the Domestic Abuse Commissioner’s work, should have a Domestic Abuse Champion in each courtroom, ideally someone with lived experience. This person would oversee facilities, training and awareness and collate local data to provide better information about domestic abuse as an issue in family court hearings.
- Greater training and awareness should be given to legal professionals with regards to domestic abuse, particularly around the language used when discussing domestic abuse in the courtroom setting.
- Language barriers should be addressed by providing translation and interpretation services wherever necessary.
One of the most impactful moments of the day was seeing all of our discussions and key points come to life through a beautiful illustration created by a talented artist. This visual representation truly captured the concerns, challenges, and systemic gaps we highlighted throughout the session. It served as a poignant reminder of the urgent need for chance and the importance of amplifying the voices of those with lived experience.
– Charlie
This live illustration was drawn during the workshop, visually summarising the rich and open discussions had amongst participants. We look forward to working with attendees to ensure that the recommendations outlined can be actioned in a timely and practical manner.
As the facilitator of this workshop, I felt truly honoured to be in a room filled with people who brought such deep expertise, passion, and lived experience to the discussion. It was inspiring to witness the level of knowledge shared by everyone involved. I am incredibly grateful to have been able to guide these conversations, ensuring that every voice was heard and that key issues were brought to the forefront. The engagement, honesty, and determination of the participants made this workshop a truly meaningful experience.
– Charlie
We are continuing to interview participants for this project and will hold further policy workshops based on findings. These will maintain the dialogue with stakeholders from legal, policy, voluntary sector and lived experience backgrounds in order to influence change and ensure a fairer, more accessible justice system.
Watch this space for more updates from us.
