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The family justice system must be recognised as central to the national mission to halve violence against women and girls (VAWG) within a decade, the Bar Council has said, warning that years of underfunding are undermining the courts’ ability to protect victims.
As the government finalises its new VAWG strategy, the organisation – which represents more than 18,000 barristers in England and Wales – has urged ministers to put family courts at the heart of prevention and protection efforts, alongside criminal justice reform.
The Bar Council argues that VAWG is too often viewed only through the lens of the criminal courts and the government’s Safer Streets agenda, overlooking the fact that most abuse occurs within families and homes.
Government statistics show that in the year to March 2024, more than 1.2 million women and 550,000 men aged 16 to 59 experienced domestic abuse. The Domestic Abuse Commissioner’s latest report found that nearly 90% of family court cases involve domestic abuse, making family proceedings a critical forum for safeguarding victims and children.
Barbara Mills KC, Chair of the Bar Council, said:
“Violence against women and girls is not a private issue – it is now a public emergency. We know that women and girls are hurt by men who profess to love them, in the place they call home.
“We are only scratching the surface of solutions if we do not also consider family justice, alongside criminal justice, when it comes to tackling VAWG. Through the family courts, we can not only protect victims but also prevent violence in the long term.”
Mills warned that underinvestment has left many courts “dilapidated and understaffed”, with facilities often unsafe or retraumatising for victims.
“At some courts, victims and alleged perpetrators are forced to sit in the same waiting room; meetings are held in rooms where you can hear what is being discussed next door; there’s no drinking water or places to wash your hands; and a lack of security means lawyers and clients are in danger. Investment is urgently needed to deliver accessible, survivor-centred justice focused on early intervention and prevention.”
The Bar Council’s statement outlines a package of recommendations to strengthen the family justice system’s role in preventing gender-based violence, including:
Increasing legal aid funding and restoring access for both parties in cases involving domestic abuse.
Removing means testing for survivors seeking protection.
Rolling out Pathfinder courts and Family Drug and Alcohol Courts (FDACs) across England and Wales.
Supporting Domestic Abuse Protection Orders and Notices (DAPOs/DAPNs) during and after the pilot phase.
Expanding perpetrator programmes following findings of fact hearings.
Only 15% of families currently qualify for legal aid, contributing to the growth of “legal advice deserts” and forcing more parents to represent themselves as litigants in person, the Bar Council warns. The Qualified Legal Representative (QLR) scheme, introduced in 2022 to prevent alleged abusers cross-examining victims, is “not fit for purpose” without proper funding and cannot replace full legal advice and representation.
Mills added:
“Every pound spent on preventing and responding to gender-based violence saves many more in healthcare, law enforcement, education and productivity. Investing in justice is not just spending to save – it’s spending to grow.
A society cannot call itself prosperous when women and girls continue to live in fear.”
