My Lords, the case for the protection of a refuge address has been made eloquently by the noble Baroness, Lady Bertin. Refuges are places of safety and the sharing of a refuge address is a clear risk to both the survivors of abuse and the staff operating the service. It simply should not happen.
Amendment 132, in the name of my noble friend Lord Ponsonby of Shulbrede and the noble Baroness, Lady Newlove, deals with the issue of the sharing of information, or indeed the lack of it that currently occurs. We recognise that the drafting may not be perfect, but the aim of the amendment is to put a duty on courts of all jurisdictions to share information where the same victim or complainant of abuse is involved in multiple proceedings in which the other party is or is linked to the perpetrator of the abuse.
The impact of silo working and the lack of information sharing between agencies and the different parts of the justice system were highlighted in the Ministry of Justice harm review as a significant barrier to the effective tackling of abuse. In particular, the review raised the fact that different approaches and a lack of information sharing could lead different courts to reach conflicting and contradictory decisions, including, for example, risk assessments and indicators recognised in the criminal courts not being similarly recognised and responded to in the family court. This issue is often raised and perhaps we all tend to nod our heads, yet we have seen little improvement. I look forward to hearing from the Minister what the Government are doing or intend to do to prevent silo working and to improve the sharing of necessary and relevant information in these cases.
5.15 pm
The sharing of information is also paramount to a court’s ability to recognise vexatious claims where a perpetrator attempts to use the proceedings to continue their abuse by repeatedly forcing a victim back to court. Amendment 132 would provide that, in those cases, the court must consider making a barring order under Section 91(14) of the Children Act 1989, which prevents a party from making further court applications without the prior permission of the court. The expert-led harm review reported that the threshold for the use of these orders was too high and recommended that the exceptionality requirement for such an order should be reversed.
The review also raised the issue that, where a barring order is given, it is often given for a short length of time. Southall Black Sisters gave the review panel the example of a service user who had faced 18 months of repeated contact applications. Her application for a Section 91(14) order took six months to decide and was granted for only 12 months, after which she expected to be subject to further applications and would then have to reapply for another order.
Following the expert-led harm review, the Ministry of Justice said:
“Ministers will make it easier for judges to issue barring orders which prevent abusive ex-partners from repeatedly dragging their victims back to court—which can be used as a form of continuing domestic abuse.”
The Government’s implementation plan states:
“We agree that further clarification is required to the law on barring orders … The Government will immediately explore whether this aim can best be achieved via an amendment to the Domestic Abuse Bill, through other primary legislation, or through non-legislative means.”
We are some months into this Bill but have yet to hear, as far as I am aware, of the outcome of the Government’s exploration. It would be helpful if the Minister could give the House an update on the Government’s plans for barring orders.
Amendment 133, in the name of the noble Baroness, Lady Helic, is a key amendment that raises the issue of training for the judiciary and other professionals to ensure an increased understanding of domestic abuse. The challenge facing the family courts is not insignificant. Domestic abuse is an immensely complex and nuanced area. Indeed, the debates so far in our Chamber, such as that on parental alienation, have demonstrated how contentious, multifaceted and complex these issues can be. Training is a vital tool for expelling myths, seeking culture change and promoting awareness. I look forward to hearing from the noble Baroness when she speaks to her amendment.
Amendment 134 is a probing amendment. It would require the court to consider the impact of trauma from domestic abuse on the quality of evidence that a victim may provide to the court. The Ministry of Justice harm review panel reported on the need for the family court to be “trauma aware” including being
“aware of the effects of trauma when a victim is attending and giving evidence in court.”
The panel noted that a victim’s experience of court is
“fundamentally affected by the trauma they have experienced as a result of the domestic abuse.”
It discussed the ways in which trauma can impact memory and emotional response and
“significantly impair the victim’s ability to come across as a credible and reliable witness.”
The requirement in this amendment would mirror the best practice that is already growing in other parts of the justice system, including in immigration cases. The guidance for cases in the immigration and asylum tribunal includes provisions for trauma awareness and the CPS has recently consulted on new guidance that looks at the impact of trauma on the brain, memory, recall and testimony in rape and sexual offences cases. It would be helpful if the Minister could update the House on what work is being undertaken in the family court to build on the body of existing best practice in understanding the impact of trauma.
Amendment 135 would require a judge in family proceedings to lay out clearly the details of how the appeals process works when giving a ruling in a case involving a domestic abuse victim. It is a probing amendment to speak to the issue of what many regard as a lack of transparency in how court proceedings work and the lack of awareness of many victims about their right to access an appeals process. Of course, the court does not make a decision intending for it to be appealed, but the process exists as a legitimate way to challenge a decision. The issue is simply about making sure that people are given the information that they need about their existing rights. This is currently exacerbated by the number of litigants in person and the lack of legal aid provision across the justice system.
Amendment 136 also is a probing amendment. The details of cost for contact arrangements are at the discretion of the court which considers what is in the best interests of the child in question. The amendment raises the issue of a victim of abuse being required to pay towards the costs of a child’s contact with a perpetrator. It follows neatly on from previous debates on contact arrangements. The issue that has been raised with us is the impact that this can have on a victim of abuse. It can tie them into an ongoing financial relationship with a perpetrator of abuse. I simply ask the Minister whether there are any processes in place for the impact of domestic abuse to be considered when cost arrangements are being settled.
Finally, I take this opportunity to put on record my thanks to the London victims’ commissioner and her team. Their work has been important in getting some of the issues to which I have referred heard.