Law Articles

The New Domestic Abuse Practice Policy 03/01/2025

On 9 October 2024, Cafcass (Children and Family Court Advisory and Support Service) introduced a new Domestic Abuse Practice Policy, marking a significant update in how domestic abuse cases are handled within the family justice system in England. This updated policy comes as a response to evolving societal attitudes towards domestic abuse, recent legislative changes, and an increasing understanding of the impact that domestic abuse has on children. The policy aims to enhance the protection of children involved in family court proceedings by offering more comprehensive guidance to professionals working with families where domestic abuse is present.

The 2024 update builds on the previous domestic abuse guidelines, refining risk assessment practices, clarifying the scope of domestic abuse, and providing more robust safeguards for children. This article explores the key elements of the new policy and the implications for social workers, Family Court Advisors (FCAs), and family courts.

The Context: Why the Policy Was Updated

The need for a revision of the Cafcass Domestic Abuse Practice Policy stems from growing awareness of the complexities surrounding domestic abuse cases and the diverse forms of abuse that may be present in family situations. The introduction of the Domestic Abuse Act 2021, which broadened the legal definition of domestic abuse to include emotional, psychological, and coercive control, further emphasised the need for Cafcass to update its approach.

Additionally, research has continued to reveal the profound and long-term impacts that witnessing or experiencing domestic abuse has on children. Considering these factors, Cafcass sought to refine its approach to assessing the safety and wellbeing of children in domestic abuse cases, ensuring that the most up-to-date practices are used to protect children from harm.

Key Changes in the New Domestic Abuse Practice Policy

1. Expanded Definition of Domestic Abuse

The new policy takes a more expansive view of domestic abuse, aligning with the Domestic Abuse Act 2021. It recognises that domestic abuse is not only physical violence but also encompasses emotional, psychological, sexual, and financial abuse, as well as coercive control. This shift in definition allows Cafcass professionals to better understand and address the many ways in which domestic abuse can manifest in families.

By broadening the scope, FCAs are better equipped to identify a wider range of abusive behaviours and assess their potential impact on children. It also highlights that many children may be exposed to the effects of domestic abuse without directly witnessing physical violence, making it crucial to consider all forms of harm in safeguarding decisions.

2. Enhanced Risk Assessment Protocols

A core aspect of the updated policy is its more refined approach to risk assessment. The new guidelines emphasise the importance of a thorough, multi-faceted risk evaluation that considers not just the history of abuse, but also factors such as the perpetrator’s ongoing behaviour, whether they have taken responsibility for their actions, and the level of control or manipulation exerted over the non-abusive parent.

The enhanced risk assessment framework allows Cafcass professionals to provide a more nuanced evaluation of potential harm to children. This is critical in ensuring that children are protected from both immediate physical risks and the long-term emotional and psychological effects of abuse. A more comprehensive risk evaluation also supports the family courts in making better-informed decisions regarding child contact arrangements and residence orders.

3. Focus on the Child’s Voice and Experiences

One of the most significant changes in the updated policy is the increased focus on the child's voice. The policy underscores the importance of not only listening to children but also understanding the indirect effects of domestic abuse on their emotional well-being. Children are often the silent victims of abuse, and their experiences may be overlooked in a legal system primarily focused on parental disputes.

The new policy ensures that professionals consider the child’s needs, fears, and desires more carefully. FCAs are expected to engage with children in a way that is appropriate for their age and developmental stage, ensuring that their views are integrated into court reports and decisions. This approach ensures that children’s voices are heard, and their well-being is central to all proceedings.

4. Emphasis on Trauma-Informed Practice

The policy places a strong emphasis on trauma-informed practice, recognising the emotional and psychological impact of domestic abuse on children and parents. This practice requires FCAs and other professionals to approach each case with an understanding of the trauma that may have been experienced and to take steps to minimise further harm.

Professionals are encouraged to adopt a more empathetic and supportive approach when working with families who have experienced domestic abuse. By acknowledging trauma and its potential effects, professionals can offer more appropriate interventions and help parents and children access necessary therapeutic support. The aim is to create a safer and more supportive environment for families navigating the court system.

5. Collaboration

The updated policy emphasises the importance of working collaboratively with a wide range of partner agencies, including social services, law enforcement, mental health providers, and domestic abuse organisations. In cases where domestic abuse is alleged or confirmed, it is critical for Cafcass to work with these organisations to ensure that the child’s safety and needs are holistically addressed.

This collaborative approach allows for more effective safeguarding. Information sharing and joint decision-making ensure that the family’s circumstances are understood in full, and that all relevant services, such as domestic violence shelters or counselling services, are brought in to provide comprehensive support. The policy strengthens inter-agency communication and coordination, reducing the risk of vital details being overlooked or misunderstood.

6. Stronger Safeguards for High-Risk Cases

The new policy introduces specific safeguards for high-risk cases, where the level of danger to the child is particularly severe. In such cases, Cafcass may recommend more intensive monitoring, supervised contact, or even the suspension of contact with the abusive parent. The goal is to prevent any further exposure to risk and to protect the child from further harm.

This strengthened focus on high-risk cases ensures that FCAs have clear guidelines for making recommendations in the most dangerous situations. By ensuring that these safeguards are in place, the policy helps to reduce the potential for further harm to children who are already in vulnerable situations.

Conclusion

The Cafcass Domestic Abuse Practice Policy, which came into effect on 9 October 2024, marks a significant evolution in how domestic abuse cases are managed within the family justice system. By incorporating a broader definition of abuse, refining risk assessments, emphasising trauma-informed practice, and strengthening safeguards for children, the policy aims to create a more child-centered and holistic approach to family law.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.