Specialist Domestic Abuse Courts mapping research

New research shows that the safety of domestic abuse victims is being compromised by inconsistent court practices

The charity Standing Together Against Domestic Abuse (STADA) releases new research today which shows that victims and survivors of domestic abuse face a postcode lottery when accessing specialist criminal justice support.

The research into specialist domestic abuse courts (SDACs) was formed over two years of mapping work, interviews with stakeholders and observational visits to SDACs across the country. The report is the first comprehensive picture of the current state of specialist provision for victims of domestic abuse from criminal justice agencies such as the police, HMCTS and the Crown Prosecution Service (CPS).

Experts in specialist court co-ordination from STADA examined court operations against the Domestic Abuse Best Practice Framework (DABPF), a national framework setting out minimum expected standards of provision for victims of domestic abuse. However, STADA’s findings demonstrate that courts rarely comply with every element of the DABPF, severely limiting the effectiveness of the framework in ensuring victim safety. Agencies fail to work together and share information effectively, creating confusion and stress for victims when they most urgently need support. These findings are particularly concerning as courts across the country struggle to get backlogs, worsened by the Covid-19 pandemic under control. Between 2010 and 2022, over half of magistrates courts closed, making access to timely and specialist support for victims of domestic abuse less consistent than ever.

Key findings included:

• No courts examined as part of the research met the DABPF requirement for “well-funded and sustainable Independent Domestic Violence Advocate (IDVA) support”, due to a lack of certainty around funding packages for this vital victim service;

• A lack of appropriate regard for the safety of IDVAs during open court. This included key agencies relying on them for information which had not been shared in a timely manner, resulting in questioning them in front of perpetrators and exposing victims as having sought external advice and support;

• Consistent de-prioritisation of domestic abuse cases within courts, neglecting to ‘cluster’ domestic abuse cases together. This mean expert support for victims was often not available;

• A lack of commitment from senior staff across core criminal justice agencies to be part of SDAC governance partnerships and co-ordinate them effectively. This resulted in a lack of sustained leadership of SDACs with detrimental impacts on the consistency and quality of provision;

• Poor understanding of the specialist knowledge and expertise of voluntary sector partners within the domestic abuse sector from criminal justice agencies. This resulted in inefficient use of charity resources and staff and missed opportunities to provide victims with the support they need.

Karen Senogles, mapping lead and criminal justice programme manager at Standing Together, said: “The DABPF is the minimum expected standard to ensure that victims and survivors of domestic abuse can access support throughout their contact with the criminal justice system. However, five years on, the DABPF is still not being met in courts across the country. This research demonstrates how victims struggle to access the support they are entitled to due to a lack of structure around specialist domestic abuse services – but the SDAC model and DABPF provide the perfect frameworks for this work to be delivered effectively. We hope to see many more criminal justice agencies making use of the SDAC to meet the DABPF, forming partnerships which centre victim safety and deliver swift, effective justice.”

Tanya Allen, courts and criminal justice programme manager at Standing Together, said: “Within a co-ordinated community response to domestic abuse, every agency has a responsibility – individually and through partnership working – to support victims and survivors of domestic abuse. It is disappointing to see that in many areas, compliance with the DABPF is so inconsistent. We hope that this research encourages government and leading figures within these agencies to review how they hold their people to account and work together to implement longer-term systems for governance and monitoring of how victims are supported throughout the contact with the police and courts. STADA stands ready to offer training, guidance and support to bring these agencies together.”

ENDS

For more information, please contact STADA Criminal Justice Team on criminal.justice@standingtogether.org.uk

BOILERPLATE

Standing Together Against Domestic Abuse (STADA) is a national charity working to eradicate domestic abuse by transforming the ways communities, organisations and individuals respond to it. Most public services were not designed with domestic abuse in mind, and poor communication and gaps between services put victims and survivors at risk. We co-ordinate these services to ensure that victims and survivors do not fall through these gaps, connecting voluntary and statutory organisations from across health, housing, children’s services, police, criminal justice, and community work. We increase shared understanding of the complexities of domestic abuse to help all agencies respond effectively.

Founded over 20 years ago, STADA champion the Coordinated Community Response model (CCR), coordinating agencies from prevention to prosecution and beyond. The CCR provides a framework within which agencies can coordinate activities, review their performance, and identify gaps, and ultimately deliver an improved service. The CCR model is now widely accepted as best practice, and we share our expertise by providing training and resources, supporting local authorities and organisations to introduce, strengthen or develop the CCR in their areas.

As part of the CCR model, STADA has been involved with the successful implementation of Specialist Domestic Abuse Courts (SDACs) since they were piloted in 2002. STADA continue to coordinate SDACs at Westminster Magistrates Courts, improving the criminal justice response to victims of domestic abuse.

NOTES TO EDITORS

• The Mentor Court Project was a pioneering two-year project designed to reinvigorate the SDAC model across England and Wales. It was awarded funding by the Tampon Tax fund in 2021 and closed in March 2023. One of the key aims of the project was to conduct national mapping work to build a picture of existing SDACs in England and Wales. This report presents the findings of the national mapping work carried out by the project.

• Standing Together conducted national mapping work of existing SDACs in England and Wales to build a picture of how they operate. This exercise employed a methodology consisting of scoping and mapping, fieldwork, and stakeholder interviews. Further information about the research methodology can be found on page [xxx] of the report.

• The Domestic Abuse Best Practice Framework (DABPF) was rolled out in 2018 by the National Criminal Justice Board (NCJB) and was jointly written and committed to by the Crown Prosecution Service (CPS), Police, and HM Courts & Tribunal Service (HMCTS) for use across all magistrates’ courts in England and Wales. It was intended to ensure the capacity and capability of the criminal justice system to respond effectively to reports of domestic abuse offending and improve outcomes, as well as ensure a level of service to victims of domestic abuse which increases their safety and satisfaction and improves public confidence in the criminal justice system.