Private Law Reform Investigative Approach for Domestic Abuse Survivors
Explore a pilot scheme focusing on private law reform through an investigative approach to enhance court experiences and outcomes for survivors of domestic abuse. The scheme includes stages such as information gathering, interventions, decision hearings, and reviews to ensure a child welfare-focused process. Find out more about this innovative approach and its impact on family law proceedings.
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Pilot Scheme: Private Law Reform Investigative Approach PD36Z PD12B (Pilot) Eve Chowdhury Fenners Chambers 04/04/2025 1
Purpose? Revised court process INVESTIGATIVE approach Improving the court experience and outcomes for survivors of domestic abuse Front-load engagement with parties Earlier gatekeeping and information gathering Hear the voice of the child more clearly Holistic, multi-agency approach Review 04/04/2025 2
Stages of the pilot scheme Stage 1: Information Gathering and Assessment Stage 2: Interventions and/or Decision Hearing Stage 3: Review 04/04/2025 3
Stage 1: Information Gathering and Assessment child welfare focused approach to actively investigate the impact of issues on the child Child Impact Report 04/04/2025 4
Stage 2: Interventions and Decision Hearing At Decision Hearing, the court will: (a) investigate the issues and make decisions on those issues which are not agreed and do so by encouraging the parties to focus on the best interests of the child (b) exercise its discretion on what order (if any) to make on the application including a section 91(14) order if appropriate (c) give directions about Review stage (d) consider how the decision of the court should be communicated to the child 04/04/2025 5
Stage 3: Review What provision is made is at the court s discretion: the intention is that the Review should be a means of contacting the parties, including the child where appropriate to determine how the order is working for them When? 3 12 months from when the order is made Where? Anticipated this will not normally involve a court hearing 04/04/2025 6
Language (cf. FDAC) https://www.familysolutionsgroup.co.uk/wp-content/uploads/2022/10/Language- Matters-October-2022-with-annexes.pdf FHDRA The Safeguarding Gatekeeping Appointment/Case Management Stage Decision hearing Final Hearing 04/04/2025 7
Mediation in the media https://www.bbc.co.uk/news/uk-65049700 04/04/2025 8
Mediation in the media (contd) https://www.thetimes.co.uk/article/feuding-parents-must-solve-child-rows-out-of-court-lhg79qcbl 04/04/2025 9
Consultation 04/04/2025 10
Final thoughts CONSULTATION CONTACT DETAILS/HOW TO RESPOND PLEASE SEND YOUR RESPONSE BY 15 JUNE 2023 TO: FAMILY JUSTICE POLICY TEAM MINISTRY OF JUSTICE 102 PETTY FRANCE LONDON SW1H 9AJ EMAIL: PRIVATEFAMILYLAWCONSULTATION@JUSTICE.GOV.UK 04/04/2025 11
