All children have the right to grow up in a safe, healthy and loving home but unfortunately, that’s not the reality for thousands of youngsters across the country today. Many will live in homes where domestic abuse or domestic violence is a regular occurrence – a situation that doesn’t just put them in danger, but can also have an impact on educational attainment, emotional state and their physical and mental health.
What legal protections are available for children exposed to domestic abuse?
The Domestic Abuse Act 2021 legally recognises children as victims of domestic abuse.
The Crown Prosecution Service (CPS) says, “Section 3 of the Domestic Abuse Act 2021 came into force on 31 January 2022 and specifically provides that a child (under 18 years old) who sees, hears, or experiences the effects of domestic abuse and is related to the victim or the suspect is also to be regarded as a victim”
It’s important to note that the child doesn’t need to be present at the time of the abuse to be recognised as a victim. This automatically entitles them to support such as mental health support and legal safeguarding measures – which could take the form of care plans and child protection plans devised by social services, or protective orders issued by the family court.
All police forces in England and Wales have the right to issue a Domestic Violence Protection Order (DVPO) and a Domestic Violence Protection Notice (DVPN). These provide legal protection to all victims of domestic abuse and violence, including children.
A DVPN is an emergency non-molestation and eviction notice to provide immediate protection to the victim. It also triggers a court hearing for a DVPO within 48 hours. That can require the abuser to leave the property and prevent them from having contact with the abuse victim(s) for up to 28 days.
How do protective orders or safety plans specifically address the needs of children?
If a family is referred to social services as a result of domestic violence, an assessment may be carried out to determine the level of risk the child or children within the home are facing. Depending on those initial findings, a safety plan or protective orders may be initiated.
Social services will draw up a safety plan where they have reasonable cause to believe the child is at risk of harm. The plan is tailored to the child’s own circumstances and will set out what actions must be taken to safeguard the child and protect them from harm.
Safety plans are not legally binding, but parents who fail to engage with the plan and take the recommended steps to ensure the wellbeing of their child could face further action.
The safety plan may recommend that the abuser engage with a (a domestic violence awareness course such as the Freedom Programme to help them change their behaviour and understand the impact of the abusive home environment on their children. It could also require parents to commit to attending their child’s medical appointments or agree travel arrangements for school attendance.
If families aren’t engaging with the plan, social services may initiate care proceedings so that a formal Child Protection Order can be made.
The type of order sought will depend on the child’s unique circumstances. For example:
- An Emergency Protection Order provides immediate protection for a short period (usually around one week). This could see the child being removed from the family home right away.
- An Interim Care Order will keep the child safe while a Care Order is being considered.
- A Care Order places the child in the care of the Local Authority due to a risk of significant harm.
- A Supervision Order gives social services a legal right to remain involved with the family and work with them to improve the child’s welfare and wellbeing.
What role do family courts play in safeguarding children in domestic abuse cases?
The court will carefully consider any risks or concerns associated with the child and make a decision in their best interests to keep them same from harm. In weighing up what’s best, the court will decide whether the child should remain at home or, if for their own safety, they should be placed elsewhere, such as with a foster parent.
How can legal representation ensure the rights and safety of children are prioritised?
Parents have the right to be represented by a family solicitor in court. The solicitor can provide guidance and practical support in order to help achieve the best possible outcome for the child and other victims of abuse. This could include gathering witness statements and evidence on behalf of the parent and child or addressing the court.
What are the legal measures for protecting children after domestic abuse cases are resolved?
Most protective orders last for a specific period of time before being discharged. Parents or those with parental responsibility can submit an application for some orders to be discharged, if they can show they are no longer necessary. Social services may still be involved with the family and may conduct visits. The police or social service can also make new referrals and new applications to the court should further intervention be needed.
If you’re a victim of domestic abuse and would like to speak to one of our experienced team in confidence, please get in touch now. All enquiries are dealt with in confidence, and we’ll always work to prioritise your best interests and those of your child.
