Remote and hybrid hearings to protect victims of domestic abuse
Important guidance has been published on the need to protect victims of Domestic Abuse in Remote and Hybrid Hearings. It demonstrates the need to ensure protection from COVID-19 infection should not jeopardise other safety considerations.
The Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings guidance aims to protect all those in family proceedings, where domestic abuse has been proved or may be an issue.
The President of the Family Division, Sir Andrew McFarlane stated that it: ‘Had been drafted to ensure the delivery of safe evidence and full participation of vulnerable parties. The guidance provides an important checklist that should be used to decide upon the format of the hearing, including identifying any need for appropriate personal protection or additional special measures’.
One point is that victims of domestic abuse should always be consulted (via their legal representative if they have one) as to their preferred mode of participation. Whether this is in a courtroom in person, or by telephone or video.
This consultation should include consideration of children’s welfare before, during and after the hearing. This includes planning arrangements for child care during the hearing and the likely impact on the child if their resident parent experiences a distressing or traumatic virtual court hearing in their own home.
The guidance also includes important information on hearing protocols and personal protection. This aims to ensure that victim and perpetrator are never be put in a situation where they are alone together, whether that is in a courtroom, on a telephone line, or in a video conference. Neither should the victim be left alone with the perpetrator and the perpetrator’s lawyer.
The PDF is available here: Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings, published by The Family Justice Council.