📜 Children Act 1989

The cornerstone of child protection law in England and Wales.

Overview

The Children Act 1989 is the primary piece of legislation governing child welfare and protection in the UK. It fundamentally reformed child law by creating a comprehensive framework that places the child’s welfare at the heart of all decisions. The Act recognises that children are best cared for within their families wherever possible, but provides mechanisms for intervention when children are at risk of harm.

Relevance to Domestic Abuse

In domestic abuse cases, the Children Act 1989 is crucial because:

• It allows courts to make orders that protect children from exposure to domestic abuse
• Section 31 enables local authorities to apply for Care Orders or Supervision Orders if a child is suffering or likely to suffer significant harm
• Section 47 places a duty on local authorities to investigate if they have reasonable cause to suspect a child is suffering or likely to suffer significant harm
• The Act recognises that witnessing domestic abuse constitutes harm to children
• It empowers courts to restrict or supervise contact between children and perpetrators of abuse

👥 Cafcass Domestic Abuse Practice Policy

Ensuring children’s voices are heard and victims are protected in family court proceedings.

Overview

The Children and Family Court Advisory and Support Service (Cafcass) represents children in family court cases in England. Their Domestic Abuse Practice Policy sets out strict requirements for how Family Court Advisers (FCAs) and Children’s Guardians must handle cases involving domestic abuse. This policy ensures that the experiences of victims are accurately represented and that children’s safety is the primary concern.

Why This Matters

This policy is crucial because it:

• Prevents minimisation of abuse by requiring direct reporting of victims’ experiences
• Protects children from being placed in contact with dangerous parents
• Ensures that courts receive accurate information about the impact of domestic abuse on children
• Holds professionals accountable for child protection in family proceedings
• Recognises that contact with an abusive parent can be harmful to children’s welfare

📋 Child Arrangements Order (C100 Application)

The legal mechanism for determining where children live and who they spend time with.

Overview

A Child Arrangements Order is a court order that decides arrangements for a child, including where they live and how much time they spend with each parent. The C100 form is used to apply for these orders when parents cannot agree on arrangements. In domestic abuse cases, these orders are particularly important as they can include protective measures and restrictions on contact.

Domestic Abuse Considerations

When domestic abuse is a factor, the court process includes special protections:

• Form C1A: Must be completed alongside C100 if there are safety concerns, detailing allegations of domestic abuse
• Special Measures: Victims can request separate waiting areas, screens in court, giving evidence by video link
• CAFCASS Safeguarding Check: Automatic checks with police and local authorities when applications are made
• Fact-Finding Hearings: Courts can hold separate hearings to establish whether abuse occurred before making final orders
• Section 91(14) Orders: Can prevent repeated applications without court permission, protecting victims from harassment

What the Court Will Consider

When making Child Arrangements Orders in domestic abuse cases, courts must consider:

• The risk of harm to the child from domestic abuse
• The child’s wishes and feelings (depending on age and understanding)
• The capacity of each parent to meet the child’s needs safely
• Whether contact would be in the child’s best interests despite the abuse
• Whether safe contact arrangements can be made (e.g., supervised contact at a contact centre)

🛤️ Domestic Abuse Practice Pathway

A framework for evidence-based risk assessment focused on children’s safety.

Overview

The Domestic Abuse Practice Pathway is a structured tool developed to assist practitioners (including Cafcass officers, social workers, and other professionals) in conducting comprehensive risk assessments in cases involving domestic abuse. It ensures that assessments are evidence-based, child-focused, and accurately represent the impact of abuse on children’s lives.

When It’s Used

The Domestic Abuse Practice Pathway must be used in all cases where domestic abuse is a feature, including:

• Private law proceedings (child arrangements disputes between parents)
• Public law proceedings (care proceedings involving local authorities)
• Cases where historic abuse is disclosed
• Cases where there are allegations but no convictions
• Situations involving coercive control, financial abuse, or emotional abuse

Why This Matters for Families

The pathway ensures that:

• Children’s experiences are accurately understood and documented
• The full context and pattern of abuse is considered, not just isolated incidents
• Recommendations to courts are based on evidence and best practice
• Safety planning is comprehensive and child-focused
• Victims’ accounts are treated with appropriate seriousness

🤝 Working Together to Safeguard Children

Statutory guidance on inter-agency cooperation to protect children.

Overview

Working Together to Safeguard Children is statutory guidance that sets out how organisations and individuals must work together to safeguard and promote the welfare of children. It applies to all professionals who work with children and families, including schools, police, health services, and local authorities. This guidance is particularly important in domestic abuse cases where multiple agencies may be involved.

Section 47 Investigations

Working Together establishes the framework for Section 47 investigations under the Children Act 1989. When there’s reasonable cause to suspect a child is suffering or likely to suffer significant harm (including from domestic abuse), local authorities must:

• Make enquiries to decide whether action is needed to safeguard or promote the child’s welfare
• Coordinate with police and other agencies
• See the child and speak to them alone where appropriate
• Consider the child’s wishes and feelings
• Assess whether protective action is required

Domestic Abuse Provisions

The guidance specifically addresses domestic abuse:

• Recognises domestic abuse as a significant safeguarding issue affecting children
• Requires routine enquiry about domestic abuse in all child safeguarding assessments
• Emphasises the need to understand patterns of coercive control, not just physical violence
• Highlights the importance of understanding the impact on children of living with domestic abuse
• Requires agencies to work with specialist domestic abuse services

⚖️ Review of Parental Involvement Presumption

Examining the balance between children’s rights and their safety in domestic abuse cases.

Overview

Section 1(2A) of the Children Act 1989 (inserted by the Children and Families Act 2014) creates a presumption that involvement of both parents in a child’s life will further the child’s welfare, unless there is evidence to the contrary. However, this presumption has been controversial in domestic abuse cases, where contact with an abusive parent may harm rather than benefit the child.

The Problem

Critics of the current presumption argue that:

• It can be misinterpreted as a right to contact for parents, rather than a child-welfare principle
• Courts may feel pressure to order contact even when evidence of abuse suggests it’s harmful
• It doesn’t adequately account for the serious risks posed by domestic abuse perpetrators
• Children’s voices and wishes can be overlooked in favour of parental “rights”
• It can facilitate ongoing abuse and control through child contact arrangements

What Change Would Mean

Potential reforms being considered include:

• Removing or amending the presumption to make child safety the explicit priority
• Clarifying that the presumption does not apply in domestic abuse cases
• Strengthening the weight given to domestic abuse evidence in contact decisions
• Requiring courts to consider the full pattern of abusive behaviour, not just physical violence
• Better training for judges on the dynamics and impact of domestic abuse

Your Rights Now

While the review continues, remember:

• The presumption is rebuttable—evidence of harm can override it
• The child’s welfare remains the paramount consideration
• Courts have powers to order no contact or only supervised contact where necessary
• You can present evidence of abuse and its impact on children
• Expert evidence and Cafcass assessments can support your case

📖 Additional Legislation Protecting Children

Other important laws relevant to children affected by domestic abuse.

1. Domestic Abuse Act 2021

This landmark legislation specifically addresses domestic abuse and includes important provisions for children:

• Children as Victims: Recognises that children who see, hear, or experience the effects of domestic abuse are victims in their own right
• Prohibition on Cross-Examination: Prevents domestic abuse victims and perpetrators from cross-examining each other in family court proceedings
• Domestic Abuse Protection Orders: Can include provisions protecting children from contact with perpetrators
• Commissioner for Victims: Duty to promote awareness of domestic abuse affecting children

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