Killamarsh murders: Probation failings over killer Damien Bendall – BBC News
‘A review into how a quadruple murderer was dealt with by probation officers has found failings “at every stage”.’
BBC News, 17th January 2023
Source: www.bbc.co.uk
Category: domestic violence
Where are we with Section 65 of the Domestic Abuse Act 2021? – Garden Court Chambers
‘The Domestic Abuse Act 2021 came into force in April 2021. Section 65 of the Act (which amends the Matrimonial and Family Proceedings Act 1984 (MFPA) creates prohibitions which “prohibit cross-examination in person”.’
Garden Court Chambers, 23rd December 2022
Source: www.gardencourtchambers.co.uk
Judge quashes decision letter over discriminatory impact of housing allocations policy on domestic abuse survivor – Local Government Lawyer
“A High Court judge has ruled that a local authority’s housing allocations policy and its application to a domestic abuse survivor amounted to indirect discrimination.”
Local Government Lawyer, 5th January 2023
Source: www.localgovernmentlawyer.co.uk
Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules breaches Article 14 of the ECHR – EIN Blog
‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’
EIN Blog, 3rd January 2023
Source: www.ein.org.uk
Naziat Khan death: Zafar Iqbal jailed for murdering wife in front of children – BBC News
‘A man who strangled his wife with her own scarf 21 years ago after being “embarrassed” at her attempts to secure a divorce has been jailed.’
BBC News, 19th December 2022
Source: www.bbc.co.uk
Children classed as domestic abuse victims under new guidance – Crown Prosecution Service
‘Children affected by domestic abuse will be automatically treated as victims regardless of whether they were present during violent incidents, the CPS announced today.’
Crown Prosecution Service, 5th December 2022
Source: www.cps.gov.uk
Man who killed wife becomes first inmate to face public parole hearing – The Guardian
‘A man convicted of his wife’s 1985 murder has claimed his lover was responsible for the crime at the first ever public Parole Board hearing in England and Wales.’
The Guardian, 12 December 2022
Source: www.theguardian.com
Children growing up in households with domestic abuse to be recognised as victims – The Independent
‘Children who grow up amid domestic abuse will be treated as victims and given specialist support even if they were not present during violent attacks.’
The Independent, 5th December 2022
Source: www.independent.co.uk
Thousands of survivors to be protected from prison abusers – Ministry of Justice
‘Survivors will be better protected from domestic abusers who attempt to continue their campaign of terror from behind bars.’
Ministry of Justice, 28th November 2022
Source: www.gov.uk
‘Deeply unjust’ postcode lottery putting lives of domestic abuse victims at risk – The Independent
‘The Domestic Abuse Commissioner has warned a “deeply unjust” postcode lottery is putting the lives of victims at risk in a report that maps services nationally for the first time ever.’
The Independent, 29th November 2022
Source: www.independent.co.uk
So-called honour-based abuse inquiry launched – Family Law
‘The Women and Equalities Committee launch an inquiry into so-called honour-based abuse, as part of its work on preventing violence against women and girls.’
Family Law, 21st November 2022
Source: www.familylaw.co.uk
Man jailed for life over murder of partner 21 years after fire attack – The Guardian
‘A man has been jailed for life and told he will serve at least 15 years for the “sadistic” and “monstrous” murder of his partner, who died 21 years after he doused her with petrol and set her on fire. In what is believed to be a legal first, Steven Craig, 58, was convicted of murdering Jacqueline Kirk more than two decades after the attack, having already served almost 19 years in prison for it.’
The Guardian, 10th November 2022
Source: www.theguardian.com
Better protection for victims under pre-charge bail reforms – Home Office
‘A new provision known as “Kay’s Law” protects victims of domestic abuse and sexual assault.’
Home Office, 26th October 2022
Source: www.gov.uk
Ilona Golabek murder: Crippen trial questions used to secure conviction – BBC News
‘Questions from an infamous 20th Century murder trial have been mirrored to help secure the murder conviction of a man in Lincolnshire over 100 years later.’
BBC News, 24th October 2022
Source: www.bbc.co.uk
Mother of tragic baby Andrew guilty of child cruelty – The Independent
‘A mother has been found guilty of cruelty towards her young son, who was killed by her boyfriend.’
The Independent, 24th October 2022
Source: www.independent.co.uk
Travel and childcare costs ‘stopping domestic abuse victims getting to court’ – The Independent
‘The cost-of-living crisis is increasingly being used as justification for domestic abuse while some victims are unable to afford to get to court to obtain protection, a charity has warned.’
The Independent, 24th October 2022
Source: www.independent.co.uk
Landmark High Court ruling finds Home Office unlawfully discriminates against victims of domestic abuse abandoned outside the UK – Garden Court Chambers
‘In R on the application of AM v SSHD [2022] EWHC 2591 (Admin) Lieven J held that victims of transnational marriage abandonment are in an analogous position to victims of domestic abuse in the United Kingdom. However, while victims of domestic abuse in the United Kingdom can, provided they meet other requirements, apply for indefinite leave to remain; victims of transnational marriage abandonment abroad did not have this option. On this basis, Lieven J concluded that the failure by the SSHD to make provision for this cohort within the Immigration Rules and policy guidance unlawfully discriminated against them and was a disproportionate interference with their article 8 rights.’
Garden Court Chambers, 18th October 2022
Source: www.gardencourtchambers.co.uk
In 2017 Daria Aspen told police her stepfather had raped her. Why did it take five years to even charge him? – The Guardian
‘Aspen hoped she could protect others from the man who had abused her as a child. She didn’t realise how slowly the case would move, or how many intrusive questions she would have to answer.’
The Guardian, 18th October 2022
Source: www.theguardian.com
Council houses perpetrator’s relative in same street as abuse victim – BBC News
‘A domestic abuse victim and her children were “forced to flee” their new home when the council moved the perpetrator’s relative into their road.’
BBC news, 11th October 2022
Source: www.bbc.co.uk
Domestic abuse, controlling and coercive behaviours and companion animals – Family Law
‘Trying to define and prove controlling and coercive behaviours both before and after Re H v N 2020 [2021] EWCA Civ 448 has been difficult and occasionally contradictory. This Article looks at ways in which companion animal abuse or threats to them, can help shed light on what we mean by controlling and coercive behaviours and how such can provide very powerful evidence to prove it. It also suggests that by introducing this evidence into our thinking and case law we shine a light on the links between domestic abuse, child abuse and animal abuse and so better protect not only human victims of abuse but also the animals we share our lives and family life with.’
Family Law, 10th October 2022
Source: www.familylaw.co.uk
