THE NATIONAL CENTRE FOR DOMESTIC VIOLENCE

Information Pack

Supporting the McKenzie Friend Scheme

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Supporting the McKenzie Friend Scheme

National Centre for Domestic Violence 5 Riverview Guildford Surrey

GU1 9BH Phone 0844 8044 999 • Fax 020 7160 9383

National Centre for Domestic Violence Trust, Registered Charity No: 1115360

Registered Address: Suite 129, 456-458 Strand, London, WC2R 0DZ Data Protection Act Registration: Z939850X

The Rt. Hon. Baroness Scotland, Attorney-General

"Domestic violence is a cowardly crime that no-one should suffer. The Government has already put in place stronger legal protection for victims, and we are expanding specialised courts schemes to make sure that justice is done and victims get the best possible care from criminal justice agencies. I want to congratulate the National Centre for Domestic Violence for offering this important service, so that all victims can have access to speedy advice and as a result be better protected.”

Brian Moore, ACPO lead on Domestic Violence and Chief Constable of Wiltshire Police

"I very much welcome the launch of the National Centre for Domestic Violence. We want to get to the position where domestic violence victims are at all times under the active protection of the Law - whether civil or criminal. The National Centre for Domestic Violence is a big step towards that goal particularly for people unable to access public funds."

The Rt. Hon. Sir Mark Potter, President of the Family Division “Since its launch in November 2006, which I was privileged to attend, the National Centre for Domestic Violence has gone from strength to strength in widening its activities nationally and rendering swift and effective help and advice to victims of Domestic Violence in their hour of need. The family justice system owes the NCDV a considerable debt for its work in an area where legal aid is either unavailable or too slow to respond in an emergency situation which the courts are all too familiar.”

Contents

I N T R O D U C T I O N F R O M T H E C H I E F E X E C U T I V E – S T E V E C O N N O R

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N A T I O N A L V O L U N T E E R S M A N A G E R – G E O R G I N A C R O N K

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W H A T I S T H E N A T I O N A L C E N T R E F O R D O M E S T I C V I O L E N C E ?

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W H A T I S T H E M C K E N Z I E F R I E N D S C H E M E ?

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H OW T O P A R T I C P A T E

T H E L E G A L P R O F E S S I O N

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A C A D E D M I C S , L A W D E P A R T M E N T S & P R O B O N O M A N A G E R S

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T H E P O L I C E

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A G E N C Y W O R K E R S A N D O T H E R P R A C T I O N E R S W O R K I N G I N T H E D O M E S T I C V I O L E N C E F I E L D

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T H E M E D I A & P R E S S

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A C T O R S A N D O T H E R P E R F O R M I N G A R T I S T S

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C O R P O R A T E F I R M S A N D O T H E R S

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C O N T A C T I N G N C D V

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Introduction from the Chief Executive

Aim of this booklet

We would like to ask you to consider supporting the National Centre for Domestic Violence by participating in our McKenzie Friend scheme. By harnessing the potential of a nation-wide team of volunteers, we truly believe we can ensure everyone has the access to justice they deserve.

he information contained in this short booklet will hopefully help you to realise the benefits of supporting our McKenzie Friend scheme. In essence, the National Centre for Domestic Violence gives individuals, usually law students, the opportunity to provide a vital service within the

domestic violence field by training them to prepare and assist injunction applications at county courts across England and Wales. We have long found that training volunteers to take on this challenging role can prove to be invaluable to the judicial system and domestic violence cause more generally. In brief, domestic violence continues to present serious problems and clearly there are many more commitments to be made long into the future. More specifically, financial circumstances and gender still deny many victims of domestic violence the legal protection available, thus rendering thousands of people a year vulnerable to continued abuse. As a charity we believe we can provide this legal help by harnessing the support and skills that already exist. To do this we provide select volunteers with an incredibly high standard of training and support – something that you may be able to offer help with. It is our sincere wish that, on reading the information below, you similarly find our McKenzie Friend Scheme worthy of your endorsement and active support. We would therefore like to ask that you may find the time to participate in any of the ways described below. Thank you for your time and consideration. Steve Connor Chief Executive

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National Volunteers Manager

Coordinating the NCDV team

The NCDV McKenzie Friend team consists of a dedicated network of highly trained volunteers. We would really appreciate your support to ensure this can be said about these incredible individuals long into the future.

s volunteers manager for the national NCDV team I take personal responsibility for the performance, development and general welfare of all NCDV volunteers. We make huge efforts to train and look after all individuals working with our charity. I hope you will be able to join us

during this exciting and rewarding project by contributing to their training provision.

The McKenzie Friend Scheme accommodates a myriad of ways for individuals and agencies outside of the charity to offer their skills and experience to the program. Moreover, we feel volunteers ought to have the chance to learn the different aspects of law and domestic violence practice from the experts in the field. Therefore by offering your services to these individuals you can offer a significant contribution to the users of our service more generally.

We have offered information on what can be done to make this contribution in the various sections below. However if there is something you feel can be done that has been omitted, please do get in touch as soon as possible. We are a growing charity and will always listen to constructive suggestions from other agencies and practitioners in the field.

I look forward to answering any questions you may have about this matter, as well as making arrangements for your future involvement.

Best wishes Georgina Cronk National Volunteers Manager georgina.cronk@ncdv.org.uk

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What is the National Centre for Domestic Violence?

The National Centre for Domestic Violence is convinced that victims of domestic violence can be daunted by the various legal agencies holding themselves out as being able to offer assistance, and believe that what is needed is a one-stop-shop where their concerns can be addressed in their language, on their terms. This is how we aim to help. We offer free, fast and efficient legal advice to victims of domestic violence. This free service is provided to everybody, regardless of financial circumstances, sexual orientation, race, gender, or political or religious belief or otherwise. We specialise in working towards the rapid relief of domestic violence, usually resulting in a non-molestation order being obtained from the victim’s local County Court. As already mentioned, this free service is provided to everybody. In fact in 2006 we obtained approximately 9% of the country’s injunctions! Thus far, the Centre’s success has been beyond all expectations. Clients have achieved the protection and security they desire, starting down the long road of recovery from abuse without having to be further traumatised by the often intimidating procedures necessary for obtaining such legal protection. Nonetheless, there is no room for complacency when dealing with those who have been downtrodden or violated, and we encourage clients to share with us their views as to how the service may be further enhanced.

In brief, our services include:

• 24-hour manned office

• Large framework of family solicitors throughout the country

• Free service to everybody

• Injunctions usually within 24 hours

• Non-Molestation, Occupation, Residence and Prohibitive Steps Orders

• In-house process serving and tracking

• Direct links with local councils, housing authorities, health centres, refuges

and Women’s Aid centres

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What is the McKenzie Friend Scheme?

The McKenzie Friend Scheme is a specialist training program developed and delivered by the NCDV with the primary purpose of offering vital legal support to victims of domestic violence. In essence, this involves taking on selected volunteers, assisting them through an intensive training course and managing their on-going volunteering experience within a much larger nation-wide network of volunteers – always a challenging yet rewarding operation.

As the delivery of training is often tailored to the particular circumstances of a particular region or education institution, it is difficult to include precise details here. More details will therefore be provided in light of the specific training program in question.

The term ‘McKenzie Friend’ itself has been adopted by the courts to describe an individual who provides assistance to a litigant in person at court (somebody not represented by either a solicitor or barrister). This support is needed for those litigants that neither qualify for public funding nor have the financial means to pay for qualified representation.

The key duties performed by NCDV McKenzie Friends are:

• Court preparation Volunteers are trained to prepare applications for non-molestation and occupation orders, usually made without notice. This means applying provisions of Part IV of the Family Law Act 1996 to draft a high quality written statement detailing the relevant facts, as well as completing the necessary court forms.

• Court attendance Volunteers assist litigants in person to understand, issue, and hear those applications. This means attending a County Court to explain court procedure and, if required, assist the Judge during the hearing of the actual injunction application. Further court hearings include ‘return dates’, where a litigant in person will often require a McKenzie Friend’s advocacy skills to ensure such injunctions are kept in force by the Judge.

• Outdoor clerking Volunteers are trained to perform some core outdoor clerking activities, including attending court to collect court papers.

• Drafting of ‘warning letters’ Volunteers are trained to utilise this non-legal option for providing victims of domestic violence with an alternative service in less serious or non-urgent cases.

• Translation Fluent speakers of foreign languages provide interpretation services to non-English speaking victims of domestic violence. This service itself falls within our broader aim to open the judicial system to everybody.

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HOW TO PARTICIPATE

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The Legal Profession

For obvious reasons the NCDV service is heavily reliant on the kind support and goodwill of the legal profession. The very nature of our national operation brings us into contact with Judges, barristers and solicitors every day, as well as invaluable court staff who assist our volunteers so well.

We will always be extremely grateful for this generous help and would like everyone to know just how incredible appreciative we are.

Our sincere wish is that this trend will continue and, as a legal professional, you will be able to offer your generous help in any of the possible ways suggested here.

The Rt. Hon. Sir Mark Potter, President of the Family Division

“Since its launch in November 2006, which I was privileged to attend, the National Centre for Domestic Violence has gone from strength to strength in widening its activities nationally and rendering swift and effective help and advice to victims of domestic violence in their hour of need. The family justice system owes the NCDV a considerable debt for its work in an area where legal aid is either unavailable or too slow to respond in an emergency situation which the courts are all too familiar with.”

General support

Presence at training

The presence a real Judge, barrister, solicitor, usher or other member of court staff attend training can be very motivational for volunteers. It instils a more professional working atmosphere into the day’s events that allows volunteers to understand the more subtle points on court procedure and etiquette.

Method of contribution

We can be creative and flexible for anyone who would like to help but cannot attend training in person. This can include distributing your guidance notes or recording video of a lecture or shorter talk at a location local to you, perhaps to be made available via a DVD or the internet.

Incentives and rewards

We try to provide rewards for the hard work shown by volunteers, particular as there are often McKenzie Friends whose individual contributions deserve formal recognition. We would therefore be very grateful for any work experience opportunities or donations for competition prizes (rather unsurprisingly, champagne seems to be a favourite amongst law students!).

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The Judiciary

Role play

We aim to have actual District Judges attend McKenzie Friend training because an experienced Judge will always provide the best assistance to volunteers during their court procedure and practice education. This also allows for Judges to better ensure that training will in fact improve the efficiency of the court service more generally.

On-going training

Following their first intensive training course onwards, volunteers are always keen to refine and broaden their skills. Any judicial guidance, whether it by means of giving a talk, lecture or practice day at court, would therefore help to improve the overall quality of service offered by NCDV McKenzie Friends.

Barristers and Solicitors

Role play

Volunteers clearly benefit from observing and learning from experienced lawyers who daily perform a similar role to the McKenzie Friend one. In particular, barristers are able to offer guidance on court procedure, advocacy and negotiation skills, whilst solicitors can also give advice on client relations, interview techniques and case management. We would appreciate any qualified lawyer willing to provide training on these vital skills to our volunteers.

On-going training

NCDV volunteers are always keen to progress their personal development as practitioners in the domestic violence. Therefore any legal guidance, whether it by means of giving a talk, lecture or practice day at court, would help to improve the overall quality of service offered by NCDV McKenzie Friends.

Court preparation and attendance shadowing

Some sets of chambers and firms of solicitors are now actively encouraging volunteers to assist their lawyers during either the preparatory stages of an injunction application or even attend court at the various court hearings. This opportunity to work shadow an experienced lawyer has proven incredibly motivational to volunteers, as well as improving the overall service we offer to victims of domestic violence. We would therefore like to ask that your chambers or firm consider making similar arrangements.

Court staff

Role play

We enjoy having actual court staff participate in McKenzie Friend training because, for example, an experienced usher will always provide the best assistance to volunteers during their court procedure and practice education. This also allows for court staff to better ensure that training will in fact improve the efficiency of the court service more generally.

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Academics, law departments and pro bono managers

As the vast majority of our volunteers are law students, it makes sense to run the scheme in partnership with a local law school, legal advice centre or pro bono department. By working together, NCDV is better able to expand into new areas, whilst universities and colleges can be confident that their students are having legal experiences few other students will have had.

Law lecturers and coordinators therefore play the greatest part in the long-term running of our McKenzie Friend scheme, helping both the delivery of our service in their area and the employability of their students.

To date the National Centre for Domestic Violence already works alongside the City of London University, College of Law at Bloomsbury, Cheshire and Guildford, University of Surrey and University of Newcastle. Indeed, one university has been so pleased with the McKenzie Friend scheme that it now forms part of their third-year family law module.

We hope to work alongside all willing and able students in England and Wales, and therefore urge anyone working in a law school, department or otherwise to discuss this with us further. Having said this, please note that the following requirements are, for reasons of administrative efficiency and operation costs alone, an absolute necessity for setting up the McKenzie Friend scheme at any educational institution.

• Office space Students who regularly volunteer through the McKenzie Friend scheme are presently given exclusive access to office space, whether in a large working area or, more desirably, in a dedicated room. It is essential that volunteers can begin their work immediately on beginning their rota session without being disturbed by other students or feeling restrained by time restrictions etc on the use of a particular computer or phone.

• Dedicated telephone line All volunteers on the McKenzie Friend scheme will need unlimited access to a telephone for the duration of their rota session, both for contact with NCDV and the injunction applicants they are assisting. Unfortunately NCDV does not have the financial means to fund this part of the scheme at all college and universities nation-wide, instead asking that the individual institutions cover these costs.

• Internet access Volunteers will need to have the use of a computer that has broadband or equivalent internet access.

• Printer, fax and other office equipment Students preparing and issuing injunction applications will invariably need access to a printer, fax machine and other office stationary and equipment. This may include a secure server where students can save their work until it is sent to NCDV.

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How does training work?

Induction training course

All volunteers undergo an intensive three-day training course delivered by NCDV staff, usually held at the relevant college or university and local County Court. We hope that any lecturers or coordinators of the scheme will be present during training also, including any family law lecturer who may wish to contribute to the legal teaching. This helps NCDV to nurture a strong working relationship with the relevant staff of the law department; such participation would therefore be greatly appreciated.

On-going training

Any lecturer, academic or other legal practitioner at the college or university may support NCDV in progressing the development of our students by giving talks, lecturers, one-off practical guidance days etc – all suggestions are welcome!

How does volunteering work?

Online rota system

Presently we utilise an online rota system for arranging all volunteering, allowing individuals to choose when they will be available and make changes if necessary. We share the responsibility for the volunteer rota so that the McKenzie Friend scheme will always be compatible with a hectic lifestyle – even during busy exam periods, the work complements rather than conflicts with demanding legal education. Staff at the university or college will be allowed access to the relevant rota also.

Preparing injunction applications

Volunteers begin by signing in and obtaining details of a case. They interview a potential applicant over the telephone (as is usually the case) or in person at their working office. A statement of events and FL401 form is then drafted, along with other NCDV case management forms. The work is finally checked by the applicant and NCDV, after which the volunteer is free to sign out. This process usually takes between 2-3 hours.

Assisting injunction applications at court

McKenzie Friends receive the case bundle in advance and are given details of who to meet at court, including where and when. The volunteer then assists the applicant throughout the court process, including waiting afterwards until the court order has been drafted.

What support is available to volunteers?

National Volunteers Manager

NCDV employs a dedicated volunteers manager to coordinate, monitor and generally support all McKenzie Friends.

Ursula James & emotional support

NCDV has recently partnered with established therapist Ursula James to launch a new network of McKenzie Friend Supporters, typically being qualified therapists who can offer specialised emotional support to volunteers.

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The Police

The McKenzie Friend training program is only truly brought to life when, during role play activities, the various other actors are played by the people who actually do those jobs in real life. The police are no exception.

Uniformed police officers

The presence of police officers in full uniform is itself a fantastic tool for creating the appropriate working atmosphere during training events. It also helps to instil volunteers’ confidence in the police, so that should future cases require police assistance, they will feel comfortable when getting in touch with officers.

NCDV can provide all attending police officers with a full brief on the day of training itself, so that it is not strictly necessary for the officers to themselves be knowledgeable about domestic violence.

It is worth noting that the presence of uniformed police officers will always be an attraction to other actors on the training program, including lawyers, the judiciary and, most significantly, the press.

Domestic Violence Unit officer

Ideally, someone from the local station’s Domestic Violence Unit will be able to speak in person about the practical remedies the police can provide (such as advice on personal alarms, making a house ‘high priority’ etc). It has also proved useful to explain the basic points of a criminal investigation, cautioning, bail conditions and other relevant police matters that often need consideration in these cases.

The obvious advantage is that McKenzie Friends can effectively signpost victims of domestic violence to Domestic Violence Units with a sound understanding of what options may be available.

Method of contribution

We can be creative and flexible for anyone who would like to help but cannot attend training in person. This can include distributing your guidance notes or recording video of a lecture or shorter talk at a location local to you, perhaps to be made available via a DVD or the internet.

We welcome any suggestions from police forces who wish to contribute to training.

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Agency workers and other practitioners working in the

domestic violence field

The presence of other agencies at McKenzie Friend training helps volunteers to improve their awareness of what other support is available, as well as establishing links between agency workers and NCDV more generally.

Raising awareness

By giving a short talk about the services your agency offers to victims of domestic violence, there is far greater chance that McKenzie Friends take in all the details and feel confident in signposting people to you.

Role play

We have always found that agency workers are the best people by far to quiz McKenzie Friends about the practical issues during our injunction application role plays. They force volunteers to translate legalese into normal everyday English, explain court procedure in black-and-white terms, anticipate futures events and requirements, be honest about what they do and don’t know for certain, and more generally stop them from hiding behind laws, court terms etc. Agency workers are therefore able to significantly accelerate the personal development of any McKenzie Friend.

Method of contribution

We can be creative and flexible for anyone who would like to help but cannot attend training in person. This can include distributing your guidance notes or recording video of a lecture or shorter talk at a location local to you, perhaps to be made available via a DVD or the internet.

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The Media and Press

We believe the McKenzie Friend scheme is a unique training program that utilises the limited resources available to provide a high quality, effective service to victims of domestic violence. To ensure this service is fully exploited however we need these individuals, and the community as a whole, to be aware of the NCDV and the McKenzie friend scheme.

NCDV urges every media or press agent with any interest in serving the needs of the community to find the time help us with this – though we hope our charity and the scheme itself is a worthy story of any news outlet.

Press coverage of training event

NCDV volunteers are always keen to progress their personal development as practitioners in the domestic violence. Therefore any legal guidance, whether it by means of giving a talk, lecture or practice day at court, would help to improve the overall quality of service offered by NCDV McKenzie Friends.

On-going progress, volunteer profiles, in-depth articles

An article on McKenzie Friends can help communicate the message that there are individuals out there helping to remedy domestic violence by training with NCDV – local people, from their very own community. It also helps to promote the McKenzie Friend scheme to other potential candidates in that region.

As we have said above, the McKenzie Friend scheme is unique and always attracts a high level of interest, even from those with no prior contact with law or domestic violence.

Pleas for charitable donations towards the McKenzie Friend scheme costs

It can be quite expensive to train volunteers as McKenzie Friends. We therefore look for any charitable donations that may support us with this endeavour, including money donations or gifts of / discounts on computers, telephones, printers etc.

Whilst there are plenty of companies and individuals who would happily support us in this way, we have found it difficult to get this message out – something we hope you can help with!

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Actors and other performing artists

The opportunities for actors and other theatrical performers to work with the charity are greater than what may be first expected. We would hope aspiring and established performers alike will seek this chance to make a significant contribution to the domestic violence cause whilst also broadening their acting experience.

Live role play

The training provided to volunteers at NCDV is centred around a day of intensive role play training. To make the experience as realistic as possible, we use actors to take on the role of victims of domestic violence. A lack of experience with courts or the law more generally is no problem – if anything, its helps to simulate people who are themselves unfamiliar with court procedure.

Video and voice recording sessions

We also produce various voice and video recordings for training purposes. This ranges from podcasts to DVD productions and covers many of the scenarios that arise in role play activities.

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Corporate firms and others

The McKenzie Friend scheme is without doubt an incredibly worthwhile venture to support, offering effective support to victims of domestic violence on the basis of community participation.

Presently we receive no state funding whatsoever, being heavily reliant on the kind donations of supporters of our service, whether they are individuals or corporations.

Whether a donation is made under a company’s corporate responsibility obligations or simply as a philanthropic gesture to NCDV, please be assured that all contributions will make a direct impact on the service offered to victims of domestic violence.

Any company that does make a donation can then be satisfied that they are truly playing their part towards the domestic violence cause - supporting NCDV means supporting real people in your region; making a real difference.

As with all donations, we are extremely appreciative of this invaluable contribution.

There are various ways for making a contribution to the NCDV service, as outlined below.

• Experts in their respective fields, from fundraisers to IT experts NCDV ca\n always benefit from the skills and experience of professionals whose usual jobs might not other bring them into contact with domestic violence. So, whether you’re area of expertise is IT, fundraising, human resources, lecturing, children, engineering etc, please get in touch! We really do need your help.

• One-off donations Even a one-off lump sum donation can make a significant impact on the standard of service offered by NCDV. We would therefore be extremely grateful for even the smallest of contributions to our organisation’s trust fund.

• Regular donations Ideally, and is possible, larger companies may make a regular donation to NCDV. The benefit of a donation is that the investment of the money raised can be planned over a longer period, making new operations in the future more stable, low-risk ventures.

• New or second-hand equipment For both the McKenzie Friend scheme and the NCDV operation more generally, there is a constant need for equipment. This typically includes office furniture, computers, flat-screen computer monitors, printers, fax machines and telephones. General office stationary would also help the delivery of our service greatly. We would therefore be very appreciative of any organisation that could make any of these items available to NCDV.

WEBSITE

www.ncdv.org.uk

TELEPHONE

0844 8044 999

FAX

020 7160 9383

EMAIL

georgina.cronk@ncdv.org.uk

POST

5 Riverview Walnut Tree Close

Guildford Surrey

GU1 4UX

DX

DX 83156 GUILDFORD 2

London Centre for Domestic Violence Trust, Registered Charity No: 1115360 Registered Address: Suite 129, 456-458 Strand, London, WC2R 0DZ

Data Protection Act Registration: Z939850X