- 16 Oct 2024
- •
- 2 min read
New Domestic Abuse Policy
Cafcass introduces new policy to protect domestic abuse victims in court
Cafcass (Child & Family Court Advisory Support Service) has adopted a new domestic abuse policy aimed at safeguarding victims within the court system. The policy, published on 9 October 2024, is a direct response to the 2020 Harm Panel report, which set out concerns about the family justice system and whether is adequately protects victims of domestic abuse.
Role of Cafcass in family court proceedings
Cafcass is responsible for safeguarding the interests of children involved in court proceedings. Their practitioners work with children and families, advising the court and given recommendations as to what they consider to be in the child’s best interests. Cafcass officers (practitioners) will often prepare reports in court proceedings providing recommendations to the court on living and contact arrangements for children to assist the court in narrowing issues and making final decisions.
This new policy sets out clear requirements of practitioners when working with families who have experienced domestic abuse and in preparing reports for the court.
Key provisions of the new domestic abuse policy
The new policy introduces clear guidelines for CAFCASS practitioners when dealing with families affected by domestic abuse and preparing reports for the court. Key recommendations include:
- Identification of victims – Any assessment must specify if a child is considered a victim of domestic abuse (as defined in the Domestic Abuse Act 2021) This assessments must also analyse the impact on the parent victim of maintaining contact with a perpetrator who poses a risk to them or their child.
- Recognising the scope of abuse – Cafcass practitioners must not dismiss or minimise domestic abuse as historical or a one off incident – domestic abuse can occur in one single incident.
- Respectful language – Cafcass practitioners must avoid using terms such as “claims” or “alleges” when a person reports domestic abuse, as this diminishes the lived experience of the adult and child living with the impact of the abuse. The policy does make clear however that it is still the court’s role to determine disputed facts based on a balance of probabilities for example where the allegations are denied.
- Supervised contact – Practitioners must never recommend that a parent assist in supervising contact of the other parent if they have been a victim of domestic abuse by them – even if a parent is willing to assist with supervision.
- Robust reporting standards – Practitioners must provide a “clear, unequivocal and compelling rationale” in assessments and reports when discounting the risk of domestic abuse to a child in recommending “time with” or “live with” arrangements.
Importance of safeguarding through analysis
It is vital for all professionals in the family court system to ensure that vulnerable families are provided with appropriate support and safeguarding measures. It is also clear that robust analysis of the impact of domestic abuse upon victims and parents and most importantly any children will ensure that the court makes well-reasoned and sound decisions.
Any new rules which ensure that issues of domestic abuse which can so often be nuanced and subtle are thoroughly and clearly investigated and analysed, can only be positive.
