Special measures in family proceedings
Updated 3 January 2024
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This publication is available at https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/special-measures-in-family-proceedings
What are we going to do?
Provide that all domestic abuse victims are eligible for assistance when participating or giving evidence in family proceedings.
This could enable them, for example, to give their evidence from behind a screen or via a video link.
Some of the most vulnerable in our society come before the family courts, and we are absolutely determined that we offer them every protection. We will ensure that victims of domestic abuse are not intimidated by their abuser in court.
Lord Wolfson of Tredegar QC, Parliamentary Under Secretary of State, Ministry of Justice
How are we going to do it?
The family courts are under a duty to consider whether a person’s participation in the proceedings or ability to give evidence is likely to be diminished by reason of “vulnerability” and, if so, whether it is necessary to make one or more participation directions (“special measures”) to assist them. There is no definition of “vulnerability” though the court must consider various matters such as their age, their mental capacity, or whether they have any disabilities.
The Act provides that victims of domestic abuse will be automatically eligible for special measures in family proceedings because the court will assume their ability to participate or give evidence will be diminished. The court will therefore only need to decide whether and which special measures are necessary to assist them. Rules may also provide an opt-out mechanism for those who wish to participate in proceedings without any special measures.
Whether any special measures are ultimately provided in a particular case will still depend on whether the court considers they are necessary to assist the party or witness and improve their ability to participate or the quality of their evidence.
Background
Provision for special measures in family proceedings is made in Part 3A of the Family Procedure Rules 2010, supported by Practice Direction 3AA. These rules provide that victims of domestic abuse, and other parties or witnesses, are eligible for special measures in the proceedings if the court is satisfied that the quality of their evidence (or ability to participate in the proceedings) is likely to be diminished due to their vulnerability.
The court will need to consider a wide range of matters in order to first assess whether a victim is “vulnerable”, before determining whether any special measures are necessary to assist them.
In May 2019, the Government established a panel of experts to review how the family courts deal with the risk of harm to children and parents in private law children cases involving domestic abuse and other serious offences. This panel published their report in June 2020, and concluded that the Domestic Abuse Bill should be amended to extend eligibility for special measures for victims of domestic abuse to the family courts.
The Government published an implementation plan alongside the panel’s report, highlighting how it will overhaul the family courts to better protect victims of domestic abuse and other vulnerable users.
What are special measures?
Special measures are a series of provisions which help a party or witness participate or give evidence in court proceedings. The family courts have the power to make ‘participation directions’ to assist a person during proceedings, which can include a direction that a particular measure should be made available. There are a range of special measures available in family proceedings to help parties and witnesses, which include permitting them to give evidence from behind a screen or via a live link, or giving them the assistance of an intermediary.
Will the victims of domestic abuse automatically get special measures to help them to give their evidence in family proceedings?
The Act makes clear that victims of domestic abuse will be automatically eligible for special measures, but it will remain a matter for the court to decide which (if any) of the available measures are necessary in the particular circumstances.
Why did you include family proceedings in the Act?
In May 2019, the Government established a panel of experts to review how the family courts deal with the risk of harm to children and parents in private law children cases involving domestic abuse and other serious offences. This panel published their report in June 2020, and concluded that the then Domestic Abuse Bill should be amended to extend eligibility for special measures for victims of domestic abuse to the family courts.
The Government published an implementation plan alongside the panel’s report, highlighting how it will overhaul the family courts to better protect victims of domestic abuse and other vulnerable users.
Key facts
To support vulnerable witnesses and parties in the family courts, the Ministry of Justice has made £200,000 available for the purchase of screens for use in family proceedings.