A family barrister has called for guidance on disclosure in cases involving allegations of domestic abuse after telling peers that alleged perpetrators are managing to get hold of complainants’ medical history.
A newly created Lord committee chaired by Baroness Kennedy of the Shaws (Helena Kennedy KC) has embarked on post-legislative scrutiny of the Domestic Abuse Act 2021.
In an oral evidence session last week, Ursula Lindenberg, founder of domestic abuse charity SafeLives, told the committee that abuse was continuing in the courts with requests for complainants to undergo ‘invasive’ physical and psychological assessments.
Asked about this by the committee, barrister Dr Charlotte Proudman said: ‘You get a part 25 application. There may be a psychiatric or psychological assessment of a victim of domestic abuse. As part of that report it will include, at the end of it in the appendix, a breakdown of their medical records. That could go on until they were born. So, it could include information about them having had abortions, there may have been a history of child sexual abuse. It’s all there and then disclosed to their perpetrator or alleged perpetrator.’
Proudman recalled a case where the victim’s medical records since birth were disclosed because the accused alleged the complainant had a particular medical condition that affected her ability to parent, even though the court had not adjudicated on it and there was no expert medical evidence to suggest it was true.
She added: ‘There is no procedure or caselaw... to set out some guidance on the correct approach to disclosing victims’ medical records to found or alleged perpetrators. They are, of course, intimate in nature, they’re very private. Most people wouldn’t want that disclosed, certainly to somebody they’ve had a toxic, volatile, even abusive relationship with. It is somewhat astounding that hasn’t yet been addressed in the family courts and remains a lacuna.’
The committee has issued a call for evidence on the legislation. Kennedy said the 'milestone' act was well intentioned, but 'there are gaps in its effective implementation that need to be addressed.’ Submissions must be sent to the committee by 20 April. The committee will report back to government with recommendations by November.
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