Domestic abuse allegations were “troublingly” downplayed by a judge in a case that exposes systemic issues with the family court, a leading barrister has warned.
Charlotte Proudman, who represented a woman who accused her ex-partner of subjecting her to domestic abuse, criticised District Judge Miles for minimising vitriolic insults as "not ideally worded".
Dr Proudman, an award-winning human rights lawyer, won an appeal against the woman’s treatment in the family courts. Judge Levey, a senior judge, ruled in February the trial’s original findings no longer stand up.
Judge Levey ruled there must be a new trial because the original trial judge did not conduct the court case, which was held in August last year, properly - stating the original judge “minimised the findings and the evidence that amounted to domestic abuse” as well as failing to “address the impact of such abuse” on the mother and their children.
Writing in the new appeal judgment, Judge Levey notes the woman, who has not been identified, alleges her partner started subjecting her to domestic abuse in 2011, including physical violence, with the woman claiming the abuse carried on in their relationship.
Speaking to The Independent in an exclusive interview, Dr Proudman said the woman’s ex-partner admitted to calling her a “slut” and a “bitch”, as well as branding her "fat", "pig", "donkey", and on one occasion did so while their two children were there.
Dr Proudman added: “The judge said this was not ideally-worded. It goes to show a real misunderstanding of domestic abuse. Some judges think it needs to be physical to be domestic abuse.
“We need to move away from that. Coercive and controlling behaviour can be as bad if not worse. There is no hierarchy of domestic abuse.
“The judge empathised with what the father had done and excused it. This is really harrowing stuff. There was no consideration for the harm caused to the children.”
The woman seemed “very ground down by the whole court process” which has lasted for years, Dr Proudman said, raising fears about how she would fare having to go through another trial “from scratch”.
“She has got to give evidence about this trauma,” Dr Proudman added. “The mother wants to make sure the children are safe if they have any contact with the father.”
In the new appeal judgment, Judge Levey notes the woman alleges her children had told her their father had hit them as well as claiming he refused to return the children to her on one occasion.
Dr Proudman noted the woman she represented was given no special measures in her original trial - adding this meant her alleged abuser was able to watch her give evidence about traumatic events.
“The judges need to make sure these special measures are in place,” the lawyer added. “It goes back to the fact they don’t think domestic abuse is such a big issue. There is a total lack of understanding about how harmful domestic abuse is across the board.”
Dr Proudman urged people who do not think the family courts “belittle and ignore” the issue of domestic abuse to read the judgment as she warned the original judge “failed to address basic definitions of domestic abuse and failed to address each allegation”.
“Her ex-partner made blatant admissions of domestic abuse in his evidence, which were wholly ignored by the judge yet were clearly relevant,” the barrister added.
“Some family court judges don’t understand domestic abuse. They think it is six of one and half a dozen of the other. Domestic abuse used to be a closed issue behind closed doors, but now it is a political issue, and there is greater awareness of how harmful domestic abuse is and even deadly in some cases.
“There is a perception among some that some judges are out of touch with the harm caused by domestic abuse. This could be because of their own privileged background. There is also a question mark of how thorough the training is for domestic abuse.”
A major government review into the family courts released in June 2020 found domestic abuse victims were being “ignored, dismissed or disbelieved” - with the government pledging an overhaul.
While a 2016 study by Women’s Aid revealed the cases of 19 children in 12 families who were all intentionally killed by a parent who was also a known perpetrator of domestic abuse. All of the perpetrators were male and fathers to the children they killed.
The perpetrators all had access to their children via formal or informal child contact arrangements – with more than half of the custody provisions having been ordered through the courts.
Claire Waxman OBE, Independent Victims’ Commissioner for London, told The Independent: “This case exemplifies some of the systemic issues faced by victims of abuse when going through the family courts.
“Sadly, domestic abuse is often not identified, overlooked or misunderstood. This can lead to court decisions which are unsafe for both the survivor and their children.”
Ms Waxman noted the government pledged to roll out a “major overhaul” of the family courts two years ago but warned victims are still being forced to deal with the same issues.
“It is imperative that the measures in the Domestic Abuse Act are practically implemented as soon and in as many cases as possible,” she added. “Otherwise, survivors of abuse will continue to be subject to revictimisation and unsafe decision making which fails to reflect the risks they face.”
Between two and three women are murdered each week by their partners or ex-partners in England and Wales.
Suzanne Jacob OBE, chief executive of SafeLives, a leading domestic abuse charity, told The Independent they “hear repeatedly from survivors of domestic abuse, who have spent years in the family courts, that the system is failing them.”
She said domestic abuse victims survivors have told them “they felt judged and ignored” while going through the family court process.
“Legal professionals have also identified key gaps in lawyers’ understanding, including coercive control and other non-physical forms of abuse,” Ms Jacob added. “This is a system that is meant to provide safety and security for children and adults, including those who have been subjected to abuse.”
She called for family justice professionals in a range of sectors to have “a far better understanding of the complexities of domestic abuse” as well as properly acknowledging the far-reaching repercussions of trauma.
“Sensitively and competently considering people’s intersecting characteristics and experiences including race and language skills, so every adult and child survivor receives the support and representation they deserve,” Ms Jacob added.
