New research reveals that domestic abuse is ‘everyday business’ within the family justice system, as nearly 90% of cases reviewed by the Commissioner identified it as an issue
A pro-contact culture and a failure to recognise domestic abuse and its severity is leading to decisions that may jeopardise children’s safety
The Domestic Abuse Commissioner for England and Wales says the reform promised in the wake of the Harm Panel Review in 2020 remains unfulfilled and demands urgent action to better protect adult and child victims
A damning new report by the Domestic Abuse Tsar has revealed that domestic abuse is ‘everyday business’ for the Family Courts, yet a pro-contact culture and dismissive attitudes towards victim-survivors are contributing to decisions that may be putting children’s safety at significant risk.
The new research led by academics at Loughborough University – based on a pilot study across three Family Court sites which reviewed nearly 300 child arrangement case files, live observations of nearly 100 case hearings, as well as focus groups with domestic abuse survivors and interviews with judges, magistrates and Cafcass/Cafcass Cymru officers – provides unprecedented insight into the workings of the family justice system which has, until now, never been comprehensively collected.
The Domestic Abuse Commissioner found evidence of abuse within 73% of hearings it observed and in 87% of the case files it reviewed. Despite this prevalence, domestic abuse was frequently not recognised as an ‘active issue’ or taken seriously with regards to the type of contact children would go on to have with the abusive parent. In more than half of the cases reviewed by the Commissioner, unsupervised overnight contact was ordered.
Survivors repeatedly described how they were dissuaded from raising allegations of domestic abuse due to the suggestion that it would have ‘no impact’ on whether the abusive parent would be granted contact. Others said they felt pressured into accepting potentially unsafe child arrangement orders out of fear that if they contested, an even worse outcome would be granted.
The Domestic Abuse Commissioner also found evidence of survivors being forced to navigate the complex system without representation. Though legal aid is available for cases involving domestic abuse, survivors are often prevented from accessing this support due to the evidence required to prove they are at serious risk, and the legal aid means test.
Survivors who litigated in person shared how they struggled to put together a case and provide the right evidence, with one survivor describing how she was ‘like a rabbit in headlights’ and that she ‘said nothing for the first two and half years.’ Others referenced not knowing which forms they needed to complete or how to fill them in correctly, which meant they struggled to get their concerns about domestic abuse onto the court’s agenda.
The report highlights how outdated views on domestic abuse amongst some legal professionals saw physical violence taken more seriously, while coercive and controlling behaviour – which often underpins physical abuse and is an offence in itself – was frequently dismissed. This antiquated thinking, coupled with a severe lack of resource and siloed working has left many survivors feeling unheard, unsupported, and unprotected.
While the report exposes significant shortcomings in the Family Court’s handling of domestic abuse, it also spotlights how some judges, magistrates, solicitors, domestic abuse services and Cafcass staff are working tirelessly under heavy workloads to shield survivors from further harm. This includes ensuring trauma-informed approaches are being integrated into proceedings such as implementing protective screens to shield survivors from their abuser and limiting access to information that could be used by the perpetrator.
Despite these positive steps, the Domestic Abuse Commissioner is concerned that the level of reform promised in the wake of the Harm Panel report – which highlighted deep-rooted issues within the Family Court in responding to domestic abuse and other serious offences – remains largely unfulfilled.
With the UK government having set an ambitious target to halve violence against women and girls (VAWG) within a decade, the Commissioner is warning that urgent reform will be essential if the family justice system is to play its part in safeguarding victims and supporting the government to achieve this priority. She is urging ministers to publish the upcoming VAWG strategy so that this vital work can begin.
Part of a longer press release at https://domesticabusecommissioner.uk/majority-of-family-court-cases-involve-domestic-abuse-but-system-still-not-responding-warns-domestic-abuse-commissioner/
October 16, 2025