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Domestic violence – how you can make a difference

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Empowering Lives

Empowering Lives

Domestic violence –

how you can make a difference

Large companies including Kellogg’s, TSB and Vodafone now offer paid leave for victims of domestic abuse. This is an essential support which should be a statutory right. If you agree, please help make this a reality by signing this petition. https://petition.parliament.uk/petitions/643564 Nailah Kausar explains:

We have come a long way in recognising the traumatic experiences of victims of domestic abuse and offering support with their healing journeys. However, statistics show that domestic abuse is prevalent and regrettably on the increase. The National Centre for Domestic Violence reported that over 1.5 million domestic abuse related incidents were reported to the police in the year ending March 2022. This makes up a significant proportion of just over 17% of all reported crimes.

There have been many developments to offer victims further protections in law and bring perpetrators to account both in the Family and Criminal arena. Much of this is credited to years of campaigning by domestic violence support services such as Women’s Aid, activists and survivors.

Legislation

The Domestic Abuse Act 2021 introduced a legal definition of ‘domestic abuse’this is defined as physical or sexual abuse; violent & threatening behaviour, controlling or coercive behaviour, economic abuse and psychological/emotional or other abuse. The Act also provides for a recognition of children as victims - in their own right. In addition, the Act established in law the office of Domestic Abuse Commissioner, prohibited cross examination of victims by their perpetrators or alleged perpetrators (in person) in both the Civil & Family Courts and created a new offence of non-fatal strangulation or suffocation of another person amongst other protective measures and strategies.

More recently, we have seen there will be an automatic suspension of parental responsibility from a person who is convicted of the murder (or voluntary manslaughter) of a victim with whom they share parental responsibility for a child/ren. Currently, those convicted of such heinous offences are required under law to be consulted on significant welfare decisions relating to their children such as health and education. This is no doubt extremely distressing for the families of the deceased who are often left caring for the child/ren and of course the children themselves. The proposed change follows a successful campaign by the family of Jade Ward who was killed by her ex-partner in 2021. The law will be incorporated into the Victims and Prisoners Bill and will be known as ‘Jade’s Law’.

Victims do not just leave an abuser –quite often they leave everything behind including support networks.

Statutory paid leave

Other jurisdictions have gone one step further to support victims of domestic abuse by offering statutory paid leave. For example, New Zealand introduced ten days paid leave in 2018, more recently,

Australia introduced similar provisions in February 2023, followed more closer to home by Ireland in the Summer 2023. Although, a policy for paid leave was advocated for by Labour at the Party’s Women Conference in Liverpool in 2018, it has not actively been pursued by them or indeed the Government since.

A practitioner’s perspective

I have been working in Family/Children Law since 2009 and in my professional experiences domestic abuse has been a feature of most Children Act cases.

Victims of domestic abuse are often dealing with a number of family law matters all at once not to mention any parallel criminal investigations and/or proceedings. This is an overwhelming time in their lives with the mental ordeal but often with practical upheaval - whether moving homes or going to a safe place such as a refuge. Victims do not just leave an abuser – quite often they leave everything behind including support networks.

Further, victims will often be struggling financially (sometimes penniless) where perpetrators have been the only/main breadwinner or otherwise controlled the financial side of the relationship. Applying for welfare benefits can be time-consuming and is another hurdle in the mix. Where victims are working money is often tight or not easily accessible. Victims should not have to worry about taking unpaid leave or using their ordinary entitlement for appointments with solicitors or Court hearings or simply for ‘time out’. In such a time of emotional and financial difficulty the difference a legal provision of paid leave can make is immeasurable.

Whilst it has been fabulous to see employers such as Kellogg’s, TSB and Vodafone nationally and globally offering paid leave for victims of domestic abuse, this should be statutory to ensure protection is guaranteed and not simply discretionary.

This is why I am petitioning Parliament to provide a minimum of ten days’ statutory paid leave. Please support and re-share the link below – this can make the difference of a lifetime to those impacted by domestic abuse. The petition stays live until 13th March 2024: https://petition.parliament.uk/petitions/643564 ■

Nailah Kausar

Nailah Kausar

Family Solicitor NYAS

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