Domestic Abuse and Civil Proceedings Act 2021: Impact on Child Safeguarding | Valuable Insights for Reforms

Domestic Abuse and Civil Procedures
Commissioner for Victims of Crime Office(CVONI)

9th August 2024

Dear Patricia,

Thank you for your email and your sympathy regarding the distress my daughter and I have faced. I appreciate your call on Friday, and I am available for further discussion if needed.

I understand that the Commissioner Designate’s office cannot intervene in individual cases due to legislative limitations. However, I am eager to contribute to any research or initiatives, particularly regarding family courts in Northern Ireland and the illegal Court Material Procedures (CMPs) that have been used. These secretive practices significantly impact victims and their access to justice. Please keep me informed of any opportunities to participate in the research you mentioned, especially with the team you are tendering. I believe that real-life experiences such as mine can offer valuable insights for shaping future reforms.

Regarding your query, my concerns are with Southern Regional College (SRC), not just the Southern Health and Social Care Trust. SRC’s involvement in data protection and Deprivation of Liberty Safeguards (DoLS) issues has been deeply troubling. Despite submitting complaints, there has been minimal progress or engagement. The recent article “Potential Criminal Concerns at Southern Regional College: Need for Investigation” highlights serious allegations against SRC, underscoring the need for a thorough investigation. Any guidance or resources you could provide would be greatly appreciated.

Additionally, I am deeply concerned about the coercive control exerted by social workers who have engaged in criminal behavior. My daughter, who is under 18, was moved illegally by an Irish Local Authority more than 50 miles from her home. This unauthorized action has compounded our distress and trauma. According to the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021:

Section 3: The domestic abuse offence can be committed regardless of whether the behavior actually causes harm as defined in section 1(2) or has the effects listed in section 2(3). This means that even if the behavior does not produce the specific effects set out, it can still be considered abusive. Evidence of actual harm and the effects of the behavior on the victim can be presented in proceedings.
Section 4: Behavior encompasses any kind of action or communication, including failing to act or communicate. Behavior is considered directed at a person if it impacts them in any way, such as through their ability to acquire, use, or maintain property, or by affecting their access to goods or services. This can include actions involving a third party, as well as direct or personal conduct. A course of behavior involves actions on at least two occasions.
Section 5: “Personal connection” is defined as any of the following relationships: being married, civil partners, living together as if spouses, or otherwise having an intimate personal relationship. It also includes being members of the same family, such as parent, grandparent, child, grandchild, sibling, or step-relative. Given my role as a father, the actions of the social workers against my daughter fall within this definition of personal connection.
Section 6: In proceedings for a domestic abuse offence, the prosecutor may serve notice on the accused or their solicitor, proposing that the matter of personal connection between the accused and the victim is taken as established for the purposes of the proceedings. This notice must be in writing and served at the appropriate point in the proceedings. If such notice is served, the connection is assumed unless challenged within seven days or as allowed by the court in the interests of justice.
Section 7: Details how notice is to be served, including methods such as handing it to the person, leaving it at their proper address, sending it by post, or electronically if previously agreed. Electronic notice is considered served at 09:00 on the working day following transmission.
Section 8: If a domestic abuse offence is alleged to have been committed against a person under 18 years of age, this fact can be specified as an aggravating factor. The court must consider this aggravation in determining the sentence, treat it as a factor that increases the seriousness of the offence, and explain how it affects the sentence.
Section 9: The offence can also be aggravated if it involves a relevant child, defined as someone under 18 years of age who is not the accused or the victim. This includes cases where the child was directly targeted, used in the abuse, or exposed to the abusive behavior. The court must similarly take this aggravation into account when sentencing.

The ongoing behavior of the social workers, involving multiple instances and affecting my daughter, aligns with the definition of coercive control and abusive actions as outlined in the Act. Given that my daughter is under 18, special measures should be used to address this aggravated situation.

Furthermore, my latest book, The Stealing of Emily: Parenting in England vs. Northern Ireland, adds valuable information on handling situations involving child safeguarding and family law issues. The book provides insights and recommendations that may be relevant to addressing the issues we are facing. It can be found here: The Stealing of Emily.

I have already filed a complaint with the PSNI but am dissatisfied with the response. If the matter remains unresolved, I may escalate it to the Police Ombudsman.

Although TUSLA operates in the Republic of Ireland, I mentioned it due to the broader cross-jurisdictional issues affecting my case. I will follow up with the relevant bodies in Northern Ireland regarding child safeguarding, but any additional advice you can offer would be appreciated.

Thank you once again for your time. I hope we can continue this dialogue to explore potential steps to address these serious concerns.

Kind regards,

Mr. Martin Newbold

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