NCDV
(NATIONAL CENTRE FOR DOMESTIC VIOLENCE)
The NCDV is a business which several years ago provided a useful and much needed service however ceased being registered as having a charitable status on 2 June 2011.
Whilst the NCDV is no longer a charity, concerns have been raised that the operation of the NCDV is no longer acting in the best interests of victims of domestic abuse and there are serious concerns regarding the unethical promotion of the NCDV by the police who; do not appear to have carried out due diligence.
Alan White and Investigative Journalist for Buzzfeed took up the matter and the following article was published which gives a flavour of some of the concerns.
Whilst there was a place for the NCDV many years ago, there are now very many domestic abuse organisations and solicitors who can provide a better and more efficient victim focussed local service.
The current operation of the NCDV is believed to place domestic abuse victims at risk, as we highlight the operation of each aspect of the process utilised by the NCDV, the risks will become evident and we will draw your attention to specific areas of concern.
The operation of the NCDV has been described as smoke and mirrors and has been very clever in manipulating both victims and the police by their advertising which we found tends to omit important information and raises false expectations.
On 11 May 2016 some 5 years after the NCDV was derigistered as a charity, we obtained NCDV advertising material from a branch of the Women's Aid which still advertised the NCDV as a charity which included cards and leaflets.
We informed Women's Aid at the time of our concerns and having looked at other material sent to us it seems that the latest business cards do not included the charity number however; it seems that there still may be material in circulation providing false information which should be recalled..
One of the claims NCDV make is that they never charge victims, from our enquiries victims are charged to have their injunctions served on respondents and we have been provided by documents from a victim where they are asked to pay £100 by cash to 'Mark Groves' if they wish their injunction to be served, this does seem unusual for a company dealing with legal matters.
These fees can easily mount up when additional orders are made in the case following a return hearing for a non molestation order and then may have to pay another process server if the NCDV process server has been unable to serve the injunction on the perpetrator.
In those cases where victims are eligible for legal aid, invoices for serving these documents are sent to solicitors on their panel who make an application for these fees from the legal aid agency.
Is the NCDV a registered charity? The answer is no, the NCDV is a 'for profit' business.
Our enquiries reveal that victims, support workers and police officers believed that the NCDV was a charity, this was supported by the free literature and cards which were provided to be passed on to victims.
These cards are handed to victims by police and support organisations, there are concerns regarding various aspects of the content and ethics surrounding these cards however; at this stage it is important to note that at the bottom of the card it refers to the NCDV being a registered charity which is it not.
it is fair to say that we have also been supplied with cards which no longer contain details of the registered charity number however; as of 11 May 2016 the cards and leaflets below still appear to be in circulation.
Alongside the card is a leaflet which clearly states that the NCDV is a charity under the question "Who are the National Centre for Domestic Violence"
There are areas of the publicity material and the the NCDV's website which could be misleading and omitting important information that a victim should know if they are applying for a non molestation order. (commonly known as an injunction).
We have commented on several Q and A's in the leaflet.
Who are the National centre for Domestic Violence? The leaflet describes the NCDV as a charity which is incorrect.
That's great but I don't want the abuser to get a criminal record. The NCDV say that the police have no involvement unless the order is breached and the injunction will not show up on a CRB check.
This is not accurate as the police put the order on the Police National Computer and will show up on enhanced checks.
How do I get an injunction?
The NCDV say that they assess the case and if eligible a caseworker will draft the documents and statement and the call will probably take 30 to 40 minutes.
We don't feel 30 minutes is not sufficient for a victim to tell their whole story and ensure that all the necessary evidence is included to give the best chance of the injunction being issued.
They go on to say that they will be assigned a legal representative from their panel and that they may not be local but will perform the fastest. There are many local family law solicitors and there is no reason they cannot work just as quickly and provide a more personal service.
There is mention of a legal representative meeting with the client and going to court together to obtain the injunction.
In practice, unless a client is on legal aid we have been made aware of specific cases where the client has not only prepared some of their own paperwork but also attended court alone to see the judge to obtain an injunction.
Please visit the other pages relating to the NCDV section for further information on different aspects of the NCDV operation.