It’s fantastic that the Guardian is highlighting domestic
abuse issues, but I must take issue with today’s headline story.
I deal with family files on a daily basis and I feel that I
have to defend a system that is doing its upmost to protect families and
children. Yes, there are failings – mostly to do with professionals being
overworked and underfunded – but it is not fair to malign the courts in this
way.
I have no doubt that The Guardian is genuinely concerned
about the prospect of victims being made to suffer further at the hands of
their perpetrators, and all of us should share this concern. Indeed, I have
previously blogged about the minimisation of domestic violence and how
appalling this is.
However, I also see professionals – lawyers, social workers,
judges - facing relentless criticism despite their best efforts. No wonder many
are tempted to quit, especially in view of the disgusting legal aid cuts.
So in defence of an imperfect but robust system, let me make
the following points:
- Family Courts are not secretive, they are confidential – there is a difference. Is The Guardian suggesting that these intensely personal proceedings should be public? That cannot, and should not, happen.
- Any party alleging abusive behaviour is able to request special arrangements to prevent having to come face-to-face with the alleged abuser. If these requests are not being met, then it is appalling. However, if these requests are not being made then that is another issue entirely. This is where public funding cuts have been most disastrous: parties representing themselves simply do not know what they should be doing.
- Any party has a right to defend him or herself against allegations. We cannot have a legal system that allows one party to make allegations against another without there being any mechanism for defence.
- Restraining orders cannot be breached for family proceedings – they have to be varied to allow parties to come into contact with each other.
- Domestic violence between parents does not necessarily mean that the child is at risk. They child may be at risk – indeed, he or she is more likely to be at risk – but this will be evaluated by experts and the court before suitable contact, if any, is allowed. If the child is considered to be at risk then contact will simply not be allowed, or it will be restricted. It is not the case that the court will simply ignore expert evidence, and The Guardian is simply wrong to imply this.
I repeat that I am not seeking to minimise domestic
violence: it is vile, and its damaging effects go far beyond physical trauma.
It can tear apart families and ruin – even take – lives. Perpetrators need to
be punished to the full extent of the law. In fact, for all its flaws, articles
such as this should welcomed because more attention needs to be paid to
domestic violence, which is shockingly widespread and must be eradicated.
Furthermore, The Guardian is my newspaper of choice. It is
the only newspaper I happily pay for, because I support its quality journalism
and the values it espouses.
However, I expected better. If you are going to write about
such an important subject then you should make every effort do it properly. To
do otherwise is to fail the victims – and believe me, there are many, many
victims who deserve protection and justice.