Mr Patsy McGlone (Mid Ulster): To ask the Minister of Justice whether her Department monitors any outcomes in family court cases involving domestic abuse, to identify patterns of harm arising from (i) repeated; and (ii) prolonged proceedings.
Minister of Justice: The management and determination of individual cases in the family courts is a matter for the independent judiciary. Under the Children (Northern Ireland) Order 1995, the family courts already have a power, on disposing of a case, to order that a further application cannot be made without the leave of the court.
I have, however, heard directly from victims of domestic abuse, who have shared their experiences of the family courts with me, that their former partner has used the proceedings as a means of perpetuating harm. I am aware there is sometimes an issue in relation to prolonging of proceedings, or repeated applications, often by a party funded by legal aid. I am also aware that the issue of “litigation abuse” has been highlighted in recent research reports.
As part of the Enabling Access to Justice Reform Programme, my Department recently carried out an engagement process on legal aid merits testing, which sought views on new ways to constrain abuse of legal aid in family proceedings. I will issue a report on the findings from the engagement exercise and proposed next steps in the coming weeks.
I am also supportive of working collaboratively to consider how the family justice system could be improved to ensure the best outcomes for children and their families, particularly those who have experienced domestic abuse. I have, therefore, indicated my agreement to my Department participating in the Family Court Pilot Task & Finish Working Group established by the Commissioner Designate. The first meeting of the Group is due to take place in June.
ENDS
Your MLA 