Interview/expert legal view offer from June Venters KC and her client, Rachel, who wishes to share her story.
Recent changes in family court laws have brought more cases of domestic abuse to the forefront, highlighting the need for stronger measures to address this issue. On March 17th 2023, an announcement was made regarding the possibility of tougher sentences for murderers with a history of coercive behaviour. While the Justice Secretary, Dominic Raab, has yet to reveal all the details of this new law, he has indicated that specific factors will be considered, such as "controlling and coercive behaviour" and cases involving extreme violence known as 'overkill.'
Earlier this year, a Transparency Reporting Pilot was launched in three UK courts: Leeds, Cardiff, and Carlisle. Under this pilot scheme, journalists and bloggers who attend court sessions will be permitted to write about the case while adhering to a strict transparency order to ensure the anonymity of any children involved. The aim of this initiative is to improve transparency and accountability in family legal proceedings and enhance public confidence in the system. If successful, the Transparency Reporting Pilot may be extended to include private law children's cases.
Rachel Ford, a survivor of domestic abuse has come forward with her story to highlight the devastating effects of coercive control, which was made a criminal offence in the Serious Crime Act 2015.
Nine years ago, Rachel bravely left her drunken and violent husband after years of abuse towards both her and her children. Back then, the term "coercive control" had not yet been coined, and domestic violence had not yet been criminalised. For years, Rachel’s husband subjected her to domestic abuse and controlling behaviour, hiding her money, regulating her every action, and making their lives a misery.
After she left him, her husband continued to abuse their children and her. Despite multiple police reports, school "at risk" registers, and letters from their health visitor, Rachel’s husband was granted overnight contact by the family court judge. This decision put her and her children in harm's way, leaving them powerless against her abusive husband.
Rachel was forced to travel 300 miles round trip with her children to see their father, and he continued to take her to court regularly. Every demand and request made by him was given significant court time and Rachel attended over 14 hearings over a three-year period. Despite showing little interest in maintaining contact with his children, he applied for custody, causing unnecessary stress and uncertainty for the family. Rachel was voiceless and powerless against him, and the judges they saw sympathised with him, telling her that she needed to "stop this behaviour."
The situation reached a breaking point when Rachel drove her children 150 miles for a scheduled visitation, only to find her ex-husband intoxicated and in the company of his drug dealer at 10am in the morning. Realising the danger her children were in, Rachel immediately took them away and left.
Despite her efforts to protect her children, Rachel faced a legal battle when the judge threatened her with a custodial sentence and planned to grant custody of the children to her ex-husband. To make matters worse, Rachel wasn't eligible for Legal Aid because the judge had dismissed her case as "time-consuming and expensive." The news devastated Rachel, leaving her shattered and struggling to cope with the situation. Even with medication for the stress her husband had caused, she found it increasingly difficult to sleep.
Rachel's case highlights the problem of the abolition of Legal Aid for family cases and how it effects victims of domestic abuse. Unable to qualify for legal aid, she faced the prospect of representing herself in court, leaving her vulnerable to cross-examination by her abuser.
A few days later, Rachel was listening to Woman's Hour on Radio 4 when a KC named June Venters came on to discuss the abolition of Legal Aid for family cases. Feeling helpless, she contacted Woman's Hour who were able to put her in touch with June Venters KC. After meeting with her in London and presenting court transcripts as proof of their situation, June took on Rachel’s case and managed to get a retrospective fact-finding hearing, despite obstruction from the judge.
This was a ground-breaking moment in legal history.
During the three-day hearing, Rachel's ex-husband cross-examined her for nearly an hour, but ultimately the Judge found the facts were against him, resulting in Rachel's eventual success in court. However, the victory came at a high price as the investigation and hearings, along with the assistance of her outstanding KC, cost hundreds of thousands of pounds. As a result, Rachel and her children were left homeless, and she was forced to relinquish everything she owned, nearly causing her to lose her sanity in the process.
Rachels’ story is a testament to the devastating effects of coercive control and the need for better legal support for victims of domestic abuse. The recent changes in family court laws are a step in the right direction, but more needs to be done to ensure that victims of domestic abuse receive the help and support they need.
About June Venters KC
June Venters KC is a dual-qualified barrister and solicitor who provides legal advice and representation to individuals on family and criminal law cases that have children at the heart of them. She is an award-winning lawyer who is also a Family Mediator; a Children Arbitrator; and sits as a Recorder (part-time Family Judge).
In 1996 June featured in a BBC 1 documentary about her working life as a criminal duty solicitor and an updated documentary was filmed by BBC 4 in 2008. Both documentaries provided the public with a true insight into the work of solicitors engaged in this field and was the first of its kind in terms of a ‘fly on the wall’ legal programme.
Over the years she has undertaken considerable work in the media, taking every opportunity possible to promote the need for Access to Justice. When collecting an award for Legal Businesswoman of the Year in 2009 and in her speech she said 'Without Access to Justice the Rule of Law is meaningless.'
June Venters KC of Venters Solicitors and Rachel Ford are available for interviews. Please contact Natalie Rodgers, natalierodgers@scala.uk.com / 0114 407 0159 / 07881 780608.
Photo by Tara Winstead: https://www.pexels.com/photo/close-up-shot-of-a-purple-ribbon-8385405/
