Domestic violence the effect on mental health

There is an established link between mental health problems and domestic violence . The most common disorders are depression, anxiety and post traumatic stress disorder.  Self harm and attempted suicide are also far more prevalent .

 In a study published in the British Medical Journal, Bradley et al (2002) found that experience of domestic violence was associated with much higher levels of depression than was found among women who had not experienced domestic violence. Among women who were depressed, 67% had experienced domestic violence as compared with 33% who had not. This finding means that two thirds of women with depression have experienced domestic violence. Should this mean that woman and men presenting at the GP with symptoms of depression be screened for domestic violence?

Breslau et al (1998) investigated the prevalence of post-traumatic stress disorder following trauma in a sample of the general population and found that those who had suffered rape and other violence had greatly increased rates of post-traumatic stress syndrome (PTSD). They found that 49% of those subject to rape suffered PTSD; 54% of those who were held captive, tortured or kidnapped; 15% of those who were shot or stabbed; 24% of those who suffered sexual assault other than rape; 8% of those who were threatened with a weapon; and 32% of those who were badly beaten up. This compares with 2% of those in a serious car crash. Women were more twice as likely as men to suffer PTSD following a trauma.   

 Time and again I have seen in family cases domestic violence victims being labelled with serious mental illness , often having their children placed elsewhere I have never seen this labelled as PTSD, which of course is treatable. A domestic violence victim is entitled to legal aid in private law proceedings if they can prove evidence of domestic violence within the last 60 months.                     

  

Pets and Family Breakdown

Are you pets as much part of the family as anyone else?  We love them, certainly in the case of dogs they give us devotion back.   

Over half of households in the UK own a pet but how do you protect their welfare in the event of family breakdown?

The Blue Cross Animal Charity appears to believe foresight is the key and provides a downloadable pre nuptial agreement.

Find out more here http://bit.ly/1N4R1U3 

Another area where animal charities help is in fostering animals where owners are fleeing from domestic violence.There is an established link between abuse of animals and domestic violence and many victims are reluctant to leave their animals.

Here are some charities that offer help:

www.rspca.org.uk/whatwedo/petretreat

http://bit.ly/1LMXXJW

 

President of Family Division Mckenzie Friends add value

,     
                                                                                                          A recent report from the House of Commons Justice Committee quoted Sir James Munby President of  the Family Division  “in the areas where there is no
representation, some kind of support or input is better than nothing. In my experience
most McKenzie friends add value. They tend to be articulate and to have understood what
the case is. Many of them have a surprisingly good grasp of the law, not just book law but
how the courts work.”



You can read the whole report here: http://bit.ly/1ByXLWO

Lord  Dyson Master of the Rolls told the committee 
"The problem comes not at the hearing stage, but at the pre-hearing stage and the case
management conference stage when the judge first gets to grips with the case, tries to
knock it into shape, see what the issues are, and give directions for the efficient and
proportionate conduct of the litigation. It is at that stage where, if you have lawyers
present, they are used to narrowing the issues, and they do.
He said that is was primarily lack of legal advice, rather than lack of representation, which
meant that “Judges have to spend ages ploughing through page after page of applications
for permission to appeal, very often in almost illegible manuscript, and they take much
longer than would something equivalent from a lawyer. In fact, the likelihood is that a
lawyer would not do it because they would know there was [no legal merit] in it.” The
need for judges to ensure justice is done means they cannot rely on unrepresented litigants’
conception of their cases.                                                                                                           Sir James Munby told us: “…litigants in person, particularly in
family cases, think they have a lot of good points. Most of their good points are thoroughly
bad points. It is a slight exaggeration, but they have great difficulty in finding the good
points. You have to go on your own search to find the good points, and that takes up a lot
of time.” Sir James also said that “there is a lot of anecdotal material” that litigants in
person led to hearings in the early stages of family cases taking longer because of the need to explain proceedings to the unrepresented litigant, although Sir James also said “I suspect
there may be truth in the assertion that the final hearing is taking less time…” because
“litigants in person…tend to dry up.”

 Lord Dyson agreed with Sir James that hearing times are not a good indication of
whether the litigant in person is able successfully to represent themselves:
I am afraid, that very often litigants in person are totally overawed by the experience
and they just dry up…They put in their witness statement and their case, and you
say, “Now, Mr So-and-So, what do you want to add?” They just say, “Well, nothing.”
They just freeze, frankly. Of course, there are some litigants in person who will go on
talking for ever, but if you balance the two it does not surprise me, if the evidence
shows this, that overall the length of a hearing with a litigant in person is no greater
than with lawyers.
Lord Dyson told us, that while judges make all possible allowance for litigants in person,
they could only go so far: “We still have an adversarial system…I suppose a judge could
say, if the judge sees that there is something in the litigant in person’s witness statement
that is crying out for some elaboration, “Mr So-and-So, I see you say this in paragraph 25
of your statement. I wonder whether…”” but the judge ran the risk of losing the faith of the
other party in the case if he or she was seen to do the opposing party’s job for them.

 Sir James also emphasised the use of safeguards, such as hearing directly from the litigant,
even where the McKenzie friend has been given permission to address the court. Steve
Brookner, of the Legal Services Consumer Panel, which supports the greater use of
McKenzie friends, emphasised that judges had the power to exclude disruptive McKenzie
friends. 
What a Mckenzie friend does has been previously posted. 

Records The best use of a tenner

Records, Records, Records  

 Hello baby, hello records. The moment we are born a paper trail starts, though nowadays  a computer trail starts as well. I really do wonder how much is held by different organisations on individuals.

For those families involved with Children's Services , Cafcass or problems with education providers etc records take on an immense importance as they are used in evidence against them in court. However there are national standards of record keeping                                                                                                                                                                                                          Social Services Inspectorate report  1999 set out 6 national standards in case recording . A summary of the standards is as follows:

Standard 1 Case recording should be seen as being part of the overall service to users and carers, with the views of service users clearly recorded and with service users receiving copies of records such as assessments and care plans

Standard 2 The quality and content of case recording reflects good professional practice as well as social care policy and guidance

Standard 3 The purpose of case recording, together with underpinning principles and legal requirements, should be set out in the policies of the organisation

Standard 4 The agency should have guidance on, and systems for, receiving contributions to case records from external sources, and the appropriate sharing of such information received

Standard 5 Good practice in equal opportunities should be reflected in the case record

Standard 6 Management arrangements need to ensure that the practice of case recording meets accepted good professional standards as well as the policy and procedural requirements of the organisation

If that's a bit dry , try this

 Data Protection, Confidentiality and Access to Files

The Data Protection Act (DPA) 1998 covers both paper-based and electronic records. It affects anyone who processes personal data and all organisations are under legal requirement to ensure that all staff comply with the legislation.

The DPA sets out 8 principles relevant to 'Recording Matters' as follows:

All personal data must be:

Processed lawfully;

Held and processed for only one or more specified and lawful purposes;

Adequate, relevant and not excessive in relation to the purposes for which it is processed;

Accurate and where necessary kept up to date;

Kept for no longer than is necessary;

Processed in accordance with the rights of data subjects under the Act;

Protected by appropriate technical and organisational measures to prevent unauthorised or unlawful processing of data or loss of data through accident or damage;

Not transferred to a country or territory outside the EU unless the receiving country ensures an adequate level of protection for personal data.

In addition, 6 'Caldicott' confidentiality principles stem from case law, namely:

Justify the purpose of recording data;

Do not use personal data unless it is absolutely necessary;

Use the minimum necessary personal data;

Access to personal data should be on a 'need to know' basis;

Everyone with access to personal data should be aware of their responsibilities;

Understand and comply with the law.

The most important bit

The upside of all these records that are held about yourself and your family is that they are accessible for a maximum of a tenner per person. They are very, very useful.
There is a template from the ICO.

There are exceptions to access

Where the practice of social work would otherwise be prejudiced because access to the information would be likely to result in serious harm to the person requesting the information or some other person;

Where the person is incapable of managing his or her affairs (for example where the person is a child) and the information was given in the expectation that it would not be disclosed or is information which the subject of the information expressly indicated should not be disclosed; 

Also access can be refused if:
To disclose the information would involve disclosure of information about someone else without that person’s consent and disclosure cannot be justified without that person’s consent; or where disclosure may prevent the detection or investigation of a crime.

Access can also be refused if an identical or similar request has been received from the same person and already been complied with, unless a reasonable interval has elapsed.

These exceptions do not permit the total withholding of information but only those sections of the material covered by the exceptions. The remainder of the case records should be made available to the service user.

However

The exceptions do not apply where disclosure is required by a Court Order or is necessary for the purpose of or in connection with any legal proceedings. 

In addition, a Court may prevent disclosure of information where a person shows that he or she would be caused serious harm to his physical or mental health by the disclosure.

  

Could Family court cause PTSD

 Post Traumatic Stress Disorder 

Family breakdown is up at the top of the list alongside bereavement  on major causes of stress.The court process , especially if it involves Children's Services does not lessen this stress one iota. It would be completely normal to feel stressed at this time but the feelings should lessen over time. If they persist could it be post traumatic stress disorder, commonly shortened to PTSD?

 Common causes of PTSD include:

• War
• Major disaster
• Rape,emotional or physical abuse
• A threatening, uncontrollable situation
• A serious accident

Basically speaking any situation where a person feels very out of control  , their lives or loved ones were in danger or they feel hopeless. 

The trauma could be a single event or a series of events taking place over months or years. It can affect adults or children

Symptoms

One of the most common symptoms of PTSD is
having repeated and intrusive distressing memories
of the event. There may also be a feeling of
reliving (or ‘re-experiencing’) the event through
‘flashbacks’ or nightmares, which can be very
distressing .
Some PTSD sufferers will avoid trigger situations and will also try not to think about the event, others will over think and relive the event constantly. Some will forget significant parts of the event.

PTSD causes a mixed bag of emotions, highs ,lows,anger,guilt,shame . The "what if's and "they should have" or "I should have" and "why me's" will also dominate the mind at times.

It would also be normal to be anxious and irritable and suffer sleep problems as well.

Depression and anxiety can also develop. There may be an increased tendency to self medicate with alcohol or recreational drugs. 

So can going through family court cause PTSD?

In my opinion yes. Family breakdown ticks the PTSD boxes, it is an out of control situation,it threatens safety of loved ones and it causes major trauma. In the case of care proceedings, I would suspect that a considerable percentage of  children and parents may already have PTSD before hand due to domestic violence or living in chaotic situations. The current system is going to exacerbate rather than help any symptoms.Is this good for the long term welfare of the child? 

Welfare Check List . A quick guide

The Welfare Check list - section 1 Children Act 1989
When a court considers any question relating to the upbringing of a child under the Children Act 1989 it must have regard to the welfare check list set out in Section 1 of that Act. Among the things the court must consider are:
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and/or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, sex, background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.
For all proceedings under the Children Act 1989 when the court considers a question of the child's upbringing the child's welfare is the court's paramount consideration.
 The most important consideration is your child’s welfare. This is about trying to decide, sometimes in difficult circumstances, what is in your child’s best interests.
The law makes it clear that the court must only make an order if doing that is better for your child than making no order at all.
The court must also avoid any delay, where possible. It is generally agreed that delaying a decision is not usually good for children and can sometimes cause them harm. The court should take account of any impact their timetable might have on your child’s welfare and development. 

Other Considerations

Your child’s wishes and feelings
This does not mean that the court will do whatever your child says they want. But if your child is old enough to understand the questions they are asked and the court (with the help of a Family Court Advisor if necessary ) can find out what they think, then it will consider their wishes. The court will want to know that your child’s wishes and feelings are their own and have not been influenced by either of their parents or other relatives. The court will pay more attention to the wishes and feelings of a child the older they are.  Increasingly, the court may want to meet your child, or get a letter from them giving their views. The President of the Family Division said in  Annual Dinner of the Family Law Bar Association on Friday 27 February 2015 at the Middle Temple that children need to be more visible in the family justice system . Given this hopefully  even more account will be given to children's views in future.

 http://www.familylaw.co.uk/news_and_comment/the-president-s-address-at-the-annual-dinner-of-the-family-law-bar-association#.VPRMAHysVPc

Your child’s physical, emotional and educational needs 

This includes your child’s need for  non conditional love and affection. Are the children attending and thriving at school or nursery? Do they have a reasonable mixed diet? Is their home safe and clean? Do they have opportunities to socialise with their peers or are they isolated. It also includes things that can affect your child’s emotional well being. So if, for example, your proposals involve separating one child from siblings, the court will consider how this will impact on their emotional needs. If you and your ex argue  in front of your children, that will be taken into account
The likely effect of any change in circumstances on your child
Change can be disruptive for children so the court will want to think about the effect on your child of any change you are suggesting, for example, in where they live or who they live or spend time with. Does the benefit of any change outweigh any possible negative effects?

The age, sex, background and any relevant characteristics of your childsuch as  any cultural, religious or language needs as well as any disabilities.

Weight needs to be given to the long term welfare of a child's sense of who they are and how they fit in to a particular community.

Any harm your child has suffered or is at risk of suffering

Harm can mean ill treatment or damage to your child’s health or development, the impact caused by them seeing or hearing domestic violence or abuse or by preventing contact without a good reason. Any drug ,gambling or alcohol addiction and the consequent impact on the children. Do you have needs yourself , that impact on your ability to parent? Do you require support over mental health issues for instance?
How capable you and the child’s other parent are of meeting your child’s needs. Do you have a support network ?
Do you have the skills to look after your child and meet their needs?
Are you an emotionally mature individual who can put your child's needs above your own? That could mean can you put the ill feelings about the other parent to one side.
This is not an exact guide but hopefully provides food for thought. The most important guideline is that the welfare of the child comes first so if you can put yourself and your understandable pain on the back burner it will assist your case in court.

 Three O'Clock in the morning wake up call?

I wonder if as well  as, the known surge in the use of electricity at the advert  break in between popular TV programmes there is a similar surge at 3 am in the morning. Is that not the time that you ping awake thinking all those thoughts that you haven't had time to think in the day?

I know how difficult and stressful family breakdown is and your quality of sleep is very likely to suffer.

Some monks actually start their day at 3am , but as you are reading a family blog, I think I can safe fully assume that you are not a monk! 

So you lie there with your head going around like a washing machine on spin cycle. The more you try the worst it gets and you start counting the hours to the alarm. I used to do this regularly, but not so much any more even when I am to face a gruelling day in court.

I am no guru , I just want to share a few tips that worked for me.

Good bedtime routine The old ones are the good ones. Milky drinks and reading works .Alcohol will get you to sleep but it may wake you up as the alcohol level in your body drops. Computer screens ,mobile phones keep you wide awake. Eating is not a good idea either . So getting to bed relaxed starts the night off right. I also keep a notepad by the bed and if there is any unfinished business bothering me it is written down and parked there for the night.

However if you still wake up at 3am , don't lie there no matter how snug you are, you are likely to be still wide awake a couple of hours later. Get up and do something different, read, put the radio, but not TV on, do not go back until your tired. If you still do not go back to sleep  within 20 minutes drag yourself out again and repeat the process.  Keeping a sleep log helps you chart your progress so you don't lose hope and fall back into bad sleep habits. Eventually over days ,perhaps weeks you retrain your body and you don't have to get up hardly ever. 

On the odd occasions that I do ping awake, I use these tools and I soon back in dreamland.

This post on PTSD may also be useful:

http://bit.ly/1AehNSD