Domestic Abuse 2024-05-14
2024-05-14
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Response quality
Questions & Answers
Q1
Direct Answer
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Context
The question addresses the issue of domestic abusers using legal proceedings to maintain control over victims, including concerns about misuse of civil courts and unqualified experts making false accusations.
What steps he is taking to prevent domestic abuse perpetrators from using the justice system to extend control over victims. My hon. Friend takes domestic abuse very seriously, but is she aware that perpetrators all too frequently seek to use the civil courts to perpetrate further abuse of their victims, often with the support of legal aid and often using “experts” with no relevant qualifications to make accusations of, for instance, parental alienation or child grooming? Can she please reassure me that the Government are taking this matter seriously, to ensure that perpetrators do not continue to use our courts system to retraumatise their victims?
The Government have taken significant steps to prevent domestic abusers from using the justice system to extend control over their victims, including Section 65 of the Domestic Abuse Act 2021 which prevents cross-examination and requires special measures in court. Prohibition orders under section 91(14) of the Children Act 1989 bar individuals from making further applications to court without permission when abusive partners are judged to be bringing victims back to court without reasonable purpose. Additionally, changes made under the Domestic Abuse Act allow courts to make prohibition orders on their own volition and legal aid means test reviews have been undertaken to make the test more generous for victims.
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Assessment & feedback
Response accuracy
Q2
Direct Answer
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Context
The question addresses concerns about domestic abusers using legal proceedings to maintain control over victims, particularly through misuse of the civil court system and unqualified experts making false accusations.
My hon. Friend takes domestic abuse very seriously, but is she aware that perpetrators all too frequently seek to use the civil courts to perpetrate further abuse of their victims, often with the support of legal aid and often using “experts” with no relevant qualifications to make accusations of, for instance, parental alienation or child grooming? Can she please reassure me that the Government are taking this matter seriously, to ensure that perpetrators do not continue to use our courts system to retraumatise their victims?
My right hon. Friend asks an excellent question, but let me first remind her that this is precisely the issue at which the section 91(14) prohibition orders are directed. Moreover, one of the changes made under the Domestic Abuse Act gave the courts themselves the power to make those orders of their own volition, rather than waiting for an application from the victim. To the extent that we are making changes to legal aid, all those changes are in favour of the victim, including removing illiquid and contested assets from consideration of means and allowing protective orders without any assessment of means.
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