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Problems with family courts exposed

Impact case study for REF 2021: Law (UoA 18)

It was uncomfortable viewing. One July evening last year, about 400,000 Channel 4 viewers switched on to disturbing scenes of four police forcibly removing small children from their bedrooms in a night-time raid.

Still in their pyjamas, the terrified children were kicking and screaming as police took them from their mother’s house to go to live with their father. Why? The officers were carrying out an order by the family court.

Powerful stuff. Those were the opening scenes of a harrowing exposé by the broadcaster’s flagship news programme, Dispatches, in its episode Torn Apart: Family Courts Uncovered.

The show, two years in the making, drew a massive response, generating reams of national news coverage. It was shortlisted for the British Journalism Awards 2021.

Family courts and domestic abuse specialist, Dr Adrienne Barnett, was interviewed on the show. Programme-makers used online surveys to ask people working in family courts and people using them about their experiences of the courts. More than 4,000 people responded, making it the largest-ever survey of family courts. Dr Barnett, a senior lecturer in law at Brunel University London and former barrister with over 25 years’ experience of family law, was commissioned to prepare the reports on the surveys and is analysing the qualitative data.

DispatchesTorn Apart is only one example of how Dr Barnett has changed public opinion, shaped the political agenda and changed laws and legal practice to help domestic abuse survivors and their children.

Dr Barnett played a pivotal part in Women’s Aid’s Child First campaign, which sparked an emergency Government review to ban abusers from cross-examining their victims in court. Aimed at preventing avoidable child deaths and making family courts put children first, the campaign also brought changes in practice to make family courts safer for survivors and children. Child First stemmed from the charity’s Nineteen Child Homicides report (2016) which highlights the tragic stories of 19 children and two women who were killed by domestic abusers where there was unsafe child contact. It draws extensively from Dr Barnett’s study, Contact At All Costs? Domestic Violence and Children’s Welfare.

Judges and professionals did not understand the scale and seriousness of domestic abuse, Dr Barnett’s research reveals, especially when it involves coercive and controlling behaviour. They made poor and dangerous judgements about risk and prioritised contact between children and parents who live away, in spite of their abuse convictions, as that haunting opening Dispatches sequence goes to show.

In May 2019, the Ministry of Justice (MoJ) announced an inquiry into how the family court protects children and parents in private law children cases involving concerns about domestic abuse. To assist the inquiry, the MoJ commissioned Dr Barnett to prepare a review of the available literature on these issues. The findings showed that abuse is systematically minimised, leading to traumatic court processes, inadequate assessment of risk and unsafe child arrangements, with allegations being ignored or disbelieved, children left unheard and abusers exercising continued control through repeat litigation.

The government immediately announced a 'major overhaul of family courts to protect domestic abuse victims'.

This report lays bare many hard truths about long-standing failings, but we are determined to drive the fundamental change necessary to keep victims and their children safe.

The Justice Minister

The changes occasioned by the MoJ panel report and literature review were widely heralded in the national media as the most sweeping overhaul of the family courts to protect victims of domestic abuse.

Meet the Principal Investigator(s) for the project

Adrienne Barnett - Adrienne Barnett was called to the Bar of England and Wales in 1981 and practised at the independent Bar London for over 30 years, for most of which she specialised in Family Law, primarily representing parents and children in serious care cases and in private law cases involving allegations of domestic abuse. She also worked as a part-time tutor in Brunel University’s law department from 1997 until 2000, and was an accredited lecturer for Central Law Training from 2001 until 2004. She is a door tenant at 1 Pump Court Chambers. She is the module convenor for Land Law and also teaches Family Law, Children and the Law and Gender and the Law. Her specialist area of research is domestic abuse and the family courts, including parental alienation. She has published widely and presented papers at numerous academic and professional conferences in the UK and abroad. She was an active member of the Domestic Violence Working Group of the Family Justice Council and is currently a member of the Advisory Group of Rights of Women and of Women's Aid's Expert Advisory Group to the Child First campaign. In 2013 she completed and published, with Professor Rosemary Hunter of the University of Kent, national survey research for the Family Justice Council on fact-finding hearings in private law Children Act cases. Her PhD thesis examined the practices and perceptions of courts and professionals in child contact cases where domestic violence is an issue, and she has  been active in policy change and professional training in this area. Recently she was commissioned by the Ministry of Justice to undertake a literature review to support their inquiry into domestic abuse and the family courts which will be published shortly.

Partnering with confidence

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Project last modified 11/05/2022