Women and children are being left in “life-threatening” situations because of a failure of the courts, gardaí and Tusla to collaborate on domestic violence cases, a joint Department of Justice and National Women’s Council report has found.
Compiled by leading experts on domestic and sexual abuse, the study says victims are forced to navigate three “arms” of the courts system – criminal, child welfare and family law – alone while being disbelieved by untrained professionals and blamed for the abuse they have suffered.
It calls for a “comprehensive review and reform” of the in-camera rule in family courts, as well as mandatory domestic violence training for relevant professionals, including social workers, the judiciary and court-appointed experts.
Authors Nuala Egan SC and Ellen O’Malley Dunlop (Irish representative on the Council of Europe’s Grevio committee overseeing the Istanbul Convention) say gardaí in some regions are “inexplicably” reluctant to prosecute perpetrators breaching domestic abuse orders, while Tusla social workers often don’t understand the trauma associated with domestic violence.
“We heard of people feeling belittled, stupid and guilty for staying for so long in a home in which domestic and/or sexual violence was taking place, and so being [held] responsible for letting that situation persist,” they say.
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Tusla, the report continues, is engaging “unilaterally” with alleged perpetrators of child sex abuse before gardaí have the opportunity to interview them under the new Child Abuse Substantiation Procedure (Casp).
This “early” engagement with alleged perpetrators “raises the very real spectre of such people learning all of the details of the allegations against them and… attending any Garda interview which may take place in due course armed in advance with detailed information”, say the authors.
They find the in-camera rule, which means all family law cases are heard in private, is preventing victims discuss their cases with support workers and therapists, and stymying qualitative research about what is happening in these cases.
It can mean gardaí and social workers who may have evidence about criminal investigations for the criminal court or safety assessments for the childcare courts will not provide these in private family law courts.
Drawing on desk research and interviews with victims, academics, the courts service, judges, civil servants, office holders and individuals from non-governmental organisations involved in the delivery of domestic and/or sexual violence services, the report identifies four key factors in victims withdrawing from the legal system.
These are: a lack of in-court and out-of-court supports; a system-wide lack of knowledge about the dynamics and impact of domestic abuse; delays in the legal process; and the court-day experience.
Among the report’s calls are for gardaí and Tusla to jointly commission experts where appropriate, and the establishment of a national domestic violence register of previous relevant orders and convictions.
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It recommends the establishment of formal channels between the courts, gardaí and the office of the Director of Public Prosecution to share information on bail, access orders and applications.
Once the new Family Courts structure envisaged in the Family Courts Bill 2022 is firmly established, it continues, introduction of a joint case-management system for domestic violence cases should be considered to enable civil and criminal proceedings to be held in parallel.
The Report on the Intersection of the Criminal Justice, Private Family Law and Public Law Child Care Processes in Relation to Domestic and Sexual Violence, published on Wednesday, stems from a Department of Justice initiative on “supporting a victim’s journey” through the justice process. This followed recommendations made by legal academic Tom O’Malley SC in a 2020 report commissioned by the Government.
Minister for Justice Simon Harris said his department would review the recommendations of the latest report “as part of the Government’s zero-tolerance plan to tackle domestic, sexual and gender-based violence, and the Government’s family justice strategy”.
If you have been affected by any of the issues raised in this article, you can contact Women’s Aid (24-hour freephone helpline at 1800 341 900, email helpline@womensaid.ie) or Men’s Aid Ireland (confidential helpline at 01 554 3811, email hello@mensaid.ie) for support and information.
Safe Ireland also outlines a number of local services and helplines at safeireland.ie/get-help/where-to-find-help/. In the case of an emergency, always dial 999/112.
