'Risk Of Harm' And Domestic Violence: An Issue For The Family Court?
| Author | Sheila Mosley |
| Published date | 01 September 2000 |
| Date | 01 September 2000 |
| DOI | http://doi.org/10.1177/026455050004700303 |
| Subject Matter | Articles |
’Risk Of Harm’ And
Domestic Violence: An
Issue For
The Family
Court?
Sheila Mosley considers how the Family Courts utilise the ’welfare
checklist’ to address the risk of harm to children exposed to domestic
violence. She uses the results of a small-scale survey to illustrate her
contention that an over-emphasis on notions of ’justice’ and
’evidence-led’ practice is increasing the risk of harm to children.
She argues that this should be substituted with a more discursive
and speculative approach to report writing.
ourt welfare reports usually
reported here examined the ways in which
consider matters of residence and
judges and family court welfare officers in
contact in respect of children whose parents
one district of Britain considered ’the likely
have separated. Many family court welfare
risk of harm’ when it was alleged that
officers make good use of the welfare
domestic violence had occurred; and
checklist, either including it as a specific
encouraged them to write about wider
section in their reports, or using it as an
practice issues. This article sets the results
aide-memoire to assist in information
of the survey in the context of practices
gathering. It consists of headings designed
suggested by a review of relevant literature.
to focus the Family Court’s attention on the
The survey encompassed a sample
options which can best meet the interests of
of ten family court welfare officers
the child. The headings cover, for example,
(FCWOs) and ten judges/magistrates
the children’s
wishes and feelings,
working in the same area in 1999. Three of
emotional, physical and educational needs,
the latter presided in the County Court, six
the likely effect of change, the capabilities
in the Family Proceedings Court, and the
of the parents and options available to the
location of one was unclear. In addition to
court. One aspect of the welfare checklist
the self-completion questionnaire sent to
considers &dquo;the
likely risk of harm&dquo;
the professionals, further information was
(Children Act 1989, section 1.3(e)).
gained from detailed analysis of two reports
Allegations of domestic violence are
voluntarily provided by FCWOS. Although
frequently made by parents during Family
the findings have direct significance only to
Court proceedings. The small-scale survey
the participants, I anticipate that they will
184
raise questions for other locations.
could be termed as domestic violence. They
This article makes reference to the
also agreed that in making decisions about
effects on children of witnessing domestic
the relevance of ’domestic violence’ to
violence, but this is not addressed in detail.
children, the primary indicators were
For further reading on this issue, see
severity, frequency and combination of
Mullender and Morley (1994); Hendessi
those behaviours.
(1996); Hall (1997); Rodgers and Pryor
Additional comments from both target
(1998); Edleson (1999). The results of the
groups raised questions about whether the
survey will now be considered before a
intention, the act, or the effect of
more in-depth discussion of the issues it
behaviours were of prime importance in
raised.
considering risk. Some respondents also
questioned whether there should there be a
different consideration of emotionally
abusive behaviour as opposed to violent
Opinions on the Term
acts. Other questions raised were:
.
’Domestic Violence’
How can a distinction be made
between
emotional
abuse
and
A number of definitions of ’domestic
psychological abuse?
violence’ are in current use, and the first
.
What is the relevance of the abused
question
sought to
discover
how
person’s contribution to the situation?
participants defined and referred to
.
Should consideration be given to the
domestic violence.
abuser’s ’needs’?
An expected conclusion was that all
agreed it had a bearing on risk to children.
They also agreed that domestic violence
Access 1
1 ·
Research
should be taken into account when
considering
residence
and
contact
Findings and
, Training
j
applications. However, the responses
indicated that agreement on a precise
The second survey question asked whether
definition was unlikely.
the participant was satisfied with the access
The reservations some FCWOs had
s/he had to information about current
about using the term ’domestic violence’
research findings. It also asked whether or
seemed to reflect their wish to use only a
not such findings were, or should be,
precisely worded definition which would
included
in
a
welfare
report,
as
accommodate complex family situations.
recommended, for example, by Rutter
Concerns were expressed that a single
(1999), who writes of the need to define
definition would become over-exclusive,
generalisable research evidence in the
for example by concentrating on female
context of an actual situation.
victims
and
male
abusers, thereby
The questionnaire responses indicated
excluding issues of gender. By the same
that members of the judiciary who were
token, there were concerns that a definition
satisfied about their own level
of
may be over-inclusive, and encompass a
knowledge regarding the relevance of
range of emotionally abusive behaviours
domestic violence to family court matters,
that would not in isolation be considered
commented that this was due to their own
domestic violence.
efforts. FCWOs indicated that they were
There was nevertheless an expectation
unlikley to quote from research in a report,
by both groups in the study that whether or
although they all acknowledged the
not the term ’domestic violence’ was used,
importance of having access to research
a court welfare report would include
findings. The majority of participants
references to significant behaviours which
across the target groups indicated that there
185
is insufficient access to information, and a
’interest of the child’ in recommending
need for systematic access to ongoing
contact arrangements with a violent
training and developmental learning.
father, rather than considering the issues
Some members of the judiciary looked
in the broader context of domestic
to the court welfare report for a...
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