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The Domestic Abuse Draft Bill Offers Wider Protection to Victims of Abuse (30 January 2019)

Date: 30/01/2019
Duncan Lewis, Legal News Solicitors, The Domestic Abuse Draft Bill Offers Wider Protection to Victims of Abuse

On the 21 January 2019, the Government released a Domestic Abuse Draft Bill containing proposed changes to the way domestic abuse is categorised and dealt with in the UK. The draft bill aims to offer greater protection to those who suffer domestic abuse.

The Domestic Abuse Bill came about following a consultation which took into account views and experiences from over 3,200 victims, support organisations and professionals acting in support of the wider cause. The reality of the problem is made even starker when considering the recently published Home Office research which reveals, in 2016 to 2017, the economic and social costs of domestic abuse to society was £66 billion for victims.

The consultation was devised in order to answer 4 main objectives:

  1. How to promote awareness.

  2. In what way protection and support can be improved.

  3. How to alter the justice system to offer greater protection to victims and increase rehabilitation options for offenders.

  4. The measures which could be taken to improve efficiency and accessibility to all local response systems in place for victims.

One of the most important measures which has been drafted in response to the 1st main objective, to promote awareness, is to have a statutory definition of domestic abuse.

Under the proposal, this definition would take into account the fact that domestic abuse can be something that occurs between couples, ex-partners, older siblings, wider family members, or as parental abuse inflicted by an adolescent or a grown child. Honour-based violence would also come under this definition. After consulting the views of victims and organisations that exist in response to domestic abuse, the bill is also set to include 16 and 17 year olds to increase awareness of domestic abuse among young people.

The definition will be designed to encompass all manner of acts or behaviours which, whether isolated or frequently occurring, demean, control or humiliate the victim. This can include: physical violence, manipulation, isolation, control, and use of threats and humiliation which harm, frighten or punish a victim. Under this broad spectrum, the Domestic Abuse Bill will also include economic abuse under this definition, to cover a wider range of behaviours than financial abuse, as well as online abuse.

Not only does this definition intend to serve as a way to promote awareness of the types of abuse that a victim can be subject to, it also aims to recognise the impact it has on children who witness the abuse.

In a bid to ensure engagement across the board, the bill will introduce regulations and statutory guidance for schools on Relationships Education, Relationships and Sex Education, and Health Education. The Government will invest in the training of social workers, frontline professionals working in the probation service and community rehabilitation companies, to ensure up-to-date understanding of coercive relationships and how to support victims of domestic abuse.

As part of the 2nd main objective, the consultation has recognised the need for organisations and support systems to be proactive and reactive; not purely in existence to step in once the abuse has taken place. This will include introducing a new Domestic Abuse Protection Notice (DAPN) and Domestic Abuse Protection Order (DAPO), designed to combine the strongest elements of the existing orders and provide a more flexible pathway for victims and practitioners. Victims, the police and relevant third parties will be able to apply for a DAPO; however, the draft bill does not allow family members and friends to apply directly without the court’s permission. In addition, under the draft bill, a breach of an order will be a criminal offence, subject to a maximum penalty of five years’ imprisonment, an unlimited fine, or both, or a court may wish to punish a breach as a contempt of court, as an alternative to criminal proceedings.

Support for a wider variety of groups will be tackled by funding, including:

  • £500,000 to build capacity in the charitable sector catered towards LGBT+ victims

  • £250,000 to improve the response to disabled victims

  • £250,000 to fund kits for refuges / other domestic abuse services to make them accessible to deaf victims

  • £100,000 for domestic abuse organisations to respond to elder abuse

  • £2 million into community provision for women with experience of domestic abuse in a bid to reduce female offending

  • £500,000 to improve support to male victims of domestic abuse.

In a bid to improve the justice system - the 3rd main objective of the consultation - the draft bill includes plans to introduce sufficient protections into the family courts to prohibit direct cross-examination of a victim by their abuser. The draft bill also proposes that they will allocate £900,000 to organisations based in a number of family courts to provide specially trained staff dedicated to offering emotional and practical support to domestic abuse victims before, during and after hearings. In addition, following changes to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 legislation in 2018, designed to make applying for legal aid more accessible for victims of domestic abuse, from July to September 2018 there was a 15% rise in applications compared to the previous year. The Government are in the process of conducting a post-implementation review on this legislation which is due to be released early this year.

Under the 4th main objective, in order to improve performance, the Government plans to establish the office of the Domestic Abuse Commissioner and set out the Commissioner’s functions and powers. Specifically, the Commissioner will have a victims’ and survivors’ advisory group to advise them, and will focus on the impact of domestic abuse on children as well as the needs of victims and survivors from minority or marginalised groups.

Director of child care and family, Alia Lewis, has 13 years’ PQE acting in cases that involve a wide range of issues including; physical, sexual and emotional abuse, neglect, factitious illness, non-accidental injury, drug and alcohol addiction, domestic abuse, learning difficulties, mental illness, psychological disorders and physical disability. In addition, she has conducted numerous cases that involve an international element. Alia is a Recommended Individual in the 2019 edition of The Legal 500 which describes her as "incredibly thorough and always on top of the case." As an experienced advocate she undertakes the majority of her own hearings in order to provide a continuity of representation to her clients.

Alia is also a member of Resolution which is a Family Law Association for solicitors who are committed to resolving family matters fairly and amicably. She is also a member of NAGALRO, a professional association for social work practitioners who work in the children and families field and represent children in public and private court proceedings.

To speak to Alia on this, or any other child care / family issue, call 020 3114 1193 or 079 2007 7046, or reach her via email: alial@duncanlewis.com.


Duncan Lewis Family Solicitors – Domestic Abuse

Duncan Lewis’ child care and family department continues to be ranked by The Legal 500. The 2019 edition praises the team as 'a well-established and respected firm that provides a high quality of work in an efficient and friendly way' with notable expertise in representing domestic abuse victims under legal aid and mediation, as well as ancillary relief expertise.

For confidential and expert legal help with domestic violence, call the Duncan Lewis Domestic Violence Solicitors Emergency Helpline on 0800 689 3275.

To speak to a member of the team on this or another matter, call 033 3772 0409.

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