Policy background Special measures in family proceedings
Currently, there are no specific provisions in relation to special measures in family proceedings in primary legislation.
	Provision for special measures is instead made in Part 3A of the Family Procedure Rules 2010 , supported by Practice Direction 3AA (Vulnerable Persons: Participation in Proceedings and Giving Evidence).
	Part 3A places the court under a duty to consider whether a party’s participation in family proceedings is likely to be diminished by reason of their vulnerability, and whether the quality of evidence of a party or witness in such proceedings is likely to be diminished by such vulnerability. If so, the court must consider whether it is necessary to make one or more participation directions (which might include a direction that the party or witness should have the assistance of a particular measure). There is no definition of ‘vulnerability’, though when considering the vulnerability of a party or witness, the court must, by virtue of Rule 3A.3(1), have particular regard to a wide range of matters listed in Rule 3A.7. This list includes any concerns arising in relation to abuse.
	In May 2019 the Ministry of Justice established a panel of experts to review how the family courts deal with the risk of harm to children and parents in private law children cases involving domestic abuse and other serious offences. The panel held a call for evidence between July and September 2019, receiving over 1,200 submissions from those with experience of the family courts. The final report was published in June 2020.
	The submissions to the call for evidence highlighted that there are longstanding and significant issues with how the family justice system manages risk of harm to victims of abuse and their children in private law children proceedings. Respondents detailed how the family courts in these cases can be retraumatising and a tool of abuse for perpetrators. Many respondents told the panel how the family courts can minimise allegations of domestic abuse, and that victims felt disbelieved. They felt there were inadequate protections, including access to special measures, in the family courts to protect victims from harm.
	The final report recommended the following in relation to special measures:
	"The provisions in the Domestic Abuse Bill concerning special measures in criminal courts for victims of domestic abuse should be extended to family courts. The provisions should apply to all cases in which domestic abuse is alleged."
	Due to the technicalities and nuances of each jurisdiction, and as there is an existing legislative framework contained in secondary legislation, the Government does not consider it appropriate simply to replicate the special measures provisions contained in criminal legislation (namely Chapter I of Part II of the Youth Justice and Criminal Evidence Act 1999). However, section 63 aligns the approach to eligibility for special measures in the family court to that taken in the criminal courts and ensures that victims of domestic abuse will be automatically eligible for access to special measures in family proceedings.