Contact Applications Involving Allegations of Domestic Abuse: Feasibility Study

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CONTACT APPLICATIONS INVOLVING ALLEGATIONS OF DOMESTIC ABUSE: FEASIBILITY STUDY

APPENDIX 1

RESEARCH METHOD

Assumptions Made About the Study

The research is by definition exploratory and therefore some suppositions must be made. Based on previous experience of analysing records in the Scottish Courts the following assumptions are made:

1. Information on contact applications are unlikely to be identified in a systematic way within court records.

2. Contact applications will form a sub set of the whole set of family actions where there are children present

3. Court records will require to be scrutinized and information extracted and recorded separately for analysis.

Research Overview

The proposed method will include both quantitative and qualitative elements.

The following approach is suggested:

  • Gathering information from Scottish Courts Administration on how contact orders are managed in Scottish Courts; analysing how contact applications are processed in a sample of Sheriff Courts.
  • An analysis of the role of electronic Court Management System (CMS) in future research
  • Scrutiny of court records in a sample of Sheriff Courts to estimate the number of contact applications; to establish if domestic abuse is systematically recorded; the role of children's evidence in proceedings; granting of legal aid and other aspects required to inform phase 2
  • Interviews with 17 key individuals to asses the usefulness of information gathered and to identify other information sources.

Research Instruments

Research instruments include a short questionnaire for gathering information on how court records are managed; a questionnaire on the potential role of the Court Management System (CMS) in future research; a template to record information contained in court records for analysis in a database; a semi-structured interview schedule for interviewing key individuals.

Sheriff Courts

In consultation with the Research Advisory Group the following 3 Sheriff Courts were selected where court records could be examined.

  • Glasgow Sheriff Court which has a separate family court and covers a large urban area in Central Scotland.
  • Dundee Sheriff Court which is situated in a medium sized city in the North East of Scotland with a concentrated urban population.
  • Dumfries Sheriff Court which is found in the South West of the country and serves a more rural area.

The courts are in geographically distinct areas of Scotland, are a mix or rural and urban and handle different volumes of family cases.

Court records were scrutinised in each Sheriff Court to:

  • Estimate the number of contact applications.
  • Establish the scope, quality and reliability of data.
  • The role of children's views in proceedings.
  • Grounds on which contact applications are defended.
  • Granting of legal aid and other aspects required to inform Phase 2.

Data recorded from court processes

  • Court reference
  • Details of parties including, status and duration of relationship
  • Presence and ages of children
  • Craves, defences and outcomes of actions
  • Duration of actions involving children and if interim contact applications have been granted
  • Whether Legal Aid was granted
  • Previous orders, granted and breaches
  • Whether children's views were presented and in what form. Scrutiny of welfare and other reports.
  • Recording of information on domestic abuse, whether supported by affidavits or reports or both.
  • An assessment of how well the history, form and extent of abuse is documented.
  • Forms of contact agreed
  • Grounds on which contact applications are defended
  • The role of mediation in actions

INTERVIEW TOPICS FOR COURT CLERKS

To establish if contact applications can be identified, a short questionnaire was prepared for sheriff court clerks in our sample courts.

The aim was to highlight procedures used for identifying relevant records, illustrate the way in which individual courts process applications for contact, gain some sense of procedures relating to interim contact orders, how children's evidence is managed and court facilities available to residential parents and children.

Information from interviews was triangulated with data gathered from court records.

Topics for interview were:

Identifying Records

  • If contact applications are systematically recorded.
  • If contact applications can be identified and extracted for analysis.
  • If family actions involving children can be identified.
  • If family actions involving children in court proceedings can be identified: (Form F9).
  • If court actions involving domestic abuse are systematically recorded.
  • If actions where interim contact orders have been granted can be identified.
  • If numbers of applications for and numbers granted legal aid are systematically recorded.

Estimating Numbers, Sampling and Ethical Issues

  • The number of contact applications made in one calendar year.
  • Factors which might affect sampling: periodic peaks and troughs, changes in recording/ procedures, legislation and such like.
  • Data protection and ethical issues relating to those involved in court proceedings: existing protocols related to such.

Procedures, Court Facilities and Local Services

  • Procedures relating to interim orders, children's evidence, welfare reports.
  • Factors which hinder/facilitate actions.
  • Court facilities available to the residential parent and children involved in actions: separate waiting facilities; information and advice for children; specific support for children.
  • If and how the needs of minority ethnic parents are given consideration.
  • The range of options available locally for contact between parents and children.

HOW CHILDREN'S VIEWS ARE MANAGED

Specific questions will be asked about how courts manage children's views.

Key Provisions within the Act

Key Provisions within the Act and related regulations and guidance, when children's views must be considered, are as follows:

  • When a person is making any major decision on the exercise of parental responsibilities/rights (S.6) including the nomination of a testamentary guardian (S.7)
  • When courts are considering making an order in regard to parental responsibilities /rights etc (S.11)

Mechanisms to facilitate children's views to be heard

Mechanisms outlined within the Children (Scotland) Act 1995 Act and related guidance and regulations, for ascertaining children's views , are as follows:

  • A child could sue or defend proceedings in relation to any exercise of parental responsibilities and rights
  • A person under the age of 16 years has the legal capacity to instruct a solicitor in any civil matter, where that person has a general understanding of what it means to do so.
  • Discretionary appointment of people to report on children's best interests, including their views: court reporters, curators ad litem
  • S.11 orders, response to intimation, written affidavit, third party minuter in any family action

Specific topics for court officials

  • What mechanisms are in place to facilitate children's views to be heard: how often these are used and how effective they are;
  • How well informed/prepared children are for their role in proceedings: intimation of proceedings.
  • If there are separate waiting facilities for parties.
  • If information on Victim Support and other agencies is available to parties.
  • Numbers of children involved in court proceedings

INTERVIEW TOPICS FOR SHERIFFS AND COURT SOLICITORS

The aim of the interview will be to consider the way in which cases where there is an application for contact involving allegations of domestic abuse are handled by the court.

  • How are actions, involving applications for contact where there are allegations of domestic abuse, handled by the court?
  • How aware is the court of the presence of domestic abuse at the beginning of an action?
  • At what stage in proceedings are interim orders likely to be made?
  • Are Child Welfare Hearings a common feature of family actions?
  • Do many cases go to proof?
  • How are the views of children ascertained?
  • On what basis are decisions about competency and maturity made?
  • How is confidentiality with regards to children's views handled?
  • What is common practice?
  • What is the first choice option for the courts when an order for contact is made?
  • Are directions/suggestions given by the court on how contact should be managed?
  • Does Family Mediation play a role in managing contact locally?
  • What are the most difficult/complex cases to resolve?
  • Have you noticed any changes in applications for contact in recent years?
  • Perspectives on the use of contact orders; their role; their usefulness at promoting contact;
  • What do sheriffs and solicitors understand by supervised or supported contact; contact with high vigilance; statutory contact?

Family mediation

  • What role does family mediation play in contact applications?

INTERVIEW TOPICS FOR OTHER PROFESSIONALS.

  • How are contact cases handled in your area?
  • What are the most common features of cases locally?
  • Is there a separate family court?
  • Are there separate waiting areas for families?
  • Are Child Welfare Hearings a common feature of family actions?
  • How aware are sheriffs of the presence of domestic abuse at the beginning of an action?
  • When are they likely to be aware of it?
  • At what stage in proceedings are interim orders likely to be made?
  • What is common practice in ascertaining children's views?
  • Do sheriffs see children in chambers on a regular basis?
  • Have you noticed any changes in how contact cases have been managed in recent years?
  • How is contact managed locally?
  • What is first choice option for the courts when an order for contact is made?
  • What are the most difficult cases you have been involved in?
  • Does Family Mediation play a role in managing contact cases?
  • Are court records likely to contain information on domestic abuse?
  • How informative will such information be?

REFERENCES

Alison Webster et al, Bitter Legacy: The Emotional Effect of Domestic Violence on Children (Ilford, 2002),

Bowker L, Arbitell M and McFerron J, 1998 from WAFE DOMESTIC VIOLENCE statistics Children (Scotland ) Act 1995

Department of Health, Conference Report: Domestic Violence: A Health Response: Working in a Wider Partnership (London: Department of Health, 2000), p. 41

Domestic Abuse recorded by the Police in Scotland , 1st January -31 December 2002

Domestic Violence and Child Contact Arrangements, Findings, Social Policy Research 100 June 1996 Joseph Rowntree Foundation , p3

Domestic Violence and Child Contact Arrangements, Findings, Social Policy Research 100 June 1996 Joseph Rowntree Foundation

Domestic Violence: A Childline Information Sheet, p. 1.

Domestic Violence: A Childline Information Sheet, p. 1. 11 Catriona Mirrlees-Black, Findings from a new British Crime Survey self-completion questionnaire, Home Office Research Study

Evaluation of the Protection from Abuse (Scotland) Act 2001 Dr. Kate Cavanagh, Clare Connelly, University of Glasgow Jane Scoular, University of Strathclyde, p.3

Fact sheet Children. (August 1999).

For Scotland's Children: Better integrated children's services (2001)

Gill Mezey, 'Domestic Violence in Pregnancy' in Susan Bewley et al (eds.), Violence Against Women (London: RCOG, 1997).

Growing Support: review of services for vulnerable families with children aged 0-3 years (Social Work Services Inspectorate of the Scottish Executive).

Honore Hughes, 'Impact of Spouse Abuse on Children of Battered Women: Implications for Practice', Violence Update 2:12 (1992), pp. 1, 9-11; Catriona Mirrlees-Black, Findings from a new British Crime Survey self completion questionnaire, Home Office

It's Everyone's job to make sure I'm Alright (2002)

Marianne Hester & Chris Pearson, From Periphery to Centre: Domestic Violence in Work with Abused Children (Bristol: Policy Press, in association with the Joseph Row tree Foundation, 1998)

Mutual Consent: Written Agreements in Family Law, Legal Studies Research Findings No. 5 (1997)

National Strategy to Address Domestic Abuse in Scotland - 2003 Conference, p.5

National Strategy to Address Domestic Abuse in Scotland 2003 Conference

Ordinary Cause Rules Act 1993

Protecting Children-a Shared Responsibility: Guidance on Inter-Agency Co-operation (1998)

Rates per 100,000 population are 712 for Scotland and 1,264 for Dundee. Statistical Bulletin Criminal Justice Series -CrJ/2003/8

Research Findings No 42/2004 :Child Contact Centres in Scotland; Social Research Legal Studies.

Scottish Executive Research Findings No 43/2004: Family formation and dissolution: Trends and attitudes among the Scottish population.

Scottish Executive Research Findings No 43/2004: Family Formation and dissolution: Trends and attitudes among the Scottish population.

Sure Start Scotland (1998),Childcare Strategy for Scotland (1998)'Pre-school Education Health Improvement Fund (HIF) (2000)The National Health Demonstration Project, Starting Well (1999)

Tayside Child Health Strategy 2002-2006

The Family Court Initiative, Glasgow Sheriff Court 2003.

The Scottish Executive Statistical Bulletin (2001)

Unpublished baseline survey carried out by the Lord Chancellor's Department of incidents of domestic violence cited in child contact applications Research Study 191 (London: Home Office, 1999)

Page updated: Tuesday, April 04, 2006