IDVA's to be able to support victims and survivors of domestic abuse in the family courts.
New Practise Direction comes into force on 6th April 2023
Today, the 6th April 2023, an important new piece of legislation comes into force in the family courts. Practise Direction 27C - Attendance of IDVA’s and ISVA’s.
Simply put, this means that from this date IDVA’s and ISVA’s will be able to go into the family courts to support victims and survivors of domestic abuse and violence. This is a massive step forward and something those of us that work in this field have been lobbying for, for years. The attendance of IDVA’s and ISVA’s in criminal courts to support victims and survivors has been happening for a long time. However, we know that up to 80% of incidents of domestic abuse are never reported, and victims and survivors are far more likely to come face to face with their abuser in a family court than a criminal court! So this legislation is very welcomed.
For the avoidance of doubt, an IDVA is an Independent Domestic Violence Advocate and an ISVA is an Independent Sexual Violence Advocate. IDVA’s and ISVA’s work with victims and survivors to support them emotionally and practically and advise them of their rights and options. Often victims and survivors will trust their IDVA/ISVA more than any other professional involved in their lives. Therefore, it is incredible that this legislation is only just happening!
It is frustrating. Not just for the victim/survivor but also for the IDVA/ISVA. As many of you will know, I am an IDVA. Many times, too many times, I have gone to the family court with a client and it was always women. Maybe for child contact proceedings or where social services are involved. The procedure has always been - you can ask the judge but he may not agree and if the father is present and he does not agree for you to come in, then you can’t come in. Again, we see the judicial system bending over backwards for the perpetrator! At least, this is how it feels to the victim/survivor. In my experience, judges sitting in family courts are often pretty amenable to allowing an IDVA into court to support their client. But the father! Of course they are not going to agree. The last thing they want is for their ex partner to have someone with them to support them. Many a day I have spent with a packed lunch and a book in a side room in family court! Despite the fact that I knew I probably wouldn’t be allowed to go into court to support my client, I always still went as I believe it is important for that person to know there is someone there that supports them.
The Practise Direction states that the court may direct that the IDVA or ISVA should not be present or need not be present if the court is satisfied that it is not necessary in the interests of justice. But I think it would be rare that a court would not allow an IDVA/ISVA to be present because if the victim/survivor states they need the support of their IDVA/ISVA, I would not think it is in the courts best interests to deny that.
So, slowly, we are getting there! Attending family court in relation to child/ren when you have experienced domestic abuse and violence from the child’s father is quite honestly one of the most scary things a victim/survivor will ever have to do. Let’s hope from now on that experience is made a little less frightening by allowing them to be supported as they deserve to be.
A good step in the right direction
I did this in NZ as an advocate working with victims...we were allowed in court but not in police interview situations. Sometimes fathers would resist but we always got to support the women and girls inside court... sometimes in verbal addresses and also written reports. Sometimes judges ( usually women) would not allow us to speak...but we were there sitting with our clients.