Practice Guidance: Independent Domestic Violence Advisers and Independent Sexual Violence Advisers (Family Courts)
1. This guidance applies to family proceedings in the Court of Appeal (Civil Division), the High Court of Justice and the Family Court. It is issued as guidance (not as a practice direction) by the President of the Family Division, as Head of Family Justice. It is issued in light of the coming into force on 6 April 2023 of new rules and a practice direction relating to the attendance at any court hearing of independent domestic violence advisers/independent sexual violence advisers as support to litigants at all levels of the Family Court.
2. An independent domestic violence adviser (IDVA) or independent sexual violence adviser (ISVA) is an independent adviser, however described, who works with people (whether adults or children) who have experienced or are said to have experienced domestic abuse (in the case of an IDVA) or rape and/or sexual assault (in the case of an ISVA) by providing them with support, advice and help. The Right to Reasonable Assistance
3. A litigant may have support, advice and help from an IDVA or ISVA but an IDVA or ISVA is not a legal representative or McKenzie Friend. An IDVA or ISVA has no right to act as an advocate or to carry out the conduct of litigation. What IDVAs or ISVAs may do
4. An IDVA or ISVA may: i) provide practical, emotional or moral support for a litigant; ii) provide assistance and support to engage with the court process as well as with out-of-court discussions; and iii) help in dealing with authorities or other support services. What IDVAs or ISVAs may not do
5. IDVAs or ISVAs may not: i) act as the litigant’s agent in relation to the proceedings; ii) manage a litigant’s case outside court, for example by signing court documents; iii) address the court, make oral submissions or examine witnesses.
6. An IDVA or ISVA does not have a right of audience or a right to conduct litigation. It is a criminal offence to exercise a right of audience or to conduct litigation unless properly qualified and authorised to do so by an appropriate regulatory body or, in the case of an otherwise unqualified or unauthorised individual (i.e., a lay individual including a McKenzie Friend), the court grants such a right on a case-by-case basis.1 Support from an IDVA or ISVA at Court
7. Any party to family proceedings who is receiving support from an IDVA or ISVA has the right to receive that support at any hearing, subject to the court’s power to direct otherwise. The court retains the power to refuse to permit attendance at a hearing and may do so where it is satisfied that it is not in the interests of justice for the IDVA or ISVA to be present or continue to be present at a hearing. 1 Legal Services Act 2007 s12 – 19 and Schedule 3.
8. For the avoidance of doubt, any party to family proceedings who is receiving support from an IDVA or ISVA has the right to receive support from the IDVA or ISVA at court, both before or after a hearing.
9. A litigant who wishes to receive support from an IDVA or ISVA should inform the judge as soon as possible indicating who the IDVA or ISVA will be. The proposed IDVA or ISVA must provide their name and details of the organisation for which they work, together with an assurance that they understand the confidential nature of the proceedings.
10.If the court considers that there might be grounds for circumscribing the right to receive support from an IDVA or ISVA at a hearing or a party objects to the presence of an IDVA or ISVA at a hearing, it is not for the person receiving IDVA or ISVA support to justify the exercise of their right to receive such support. It is for the court or the objecting party to provide sufficient reasons why the litigant should not receive such support during a hearing.
11. When considering whether to refuse an IDVA or ISVA permission to be present at a hearing, the right to a fair trial is engaged. The matter should be considered carefully by the court. The person opposed to the presence of the IDVA or ISVA should explain clearly what their objections are. The person receiving IDVA or ISVA support should be given a reasonable opportunity to explain why the IDVA or ISVA should continue to be present. The proposed IDVA or ISVA should not be excluded from the hearing at which permission to attend is determined.
12. The court may refuse to allow a litigant to exercise the right to receive support from an IDVA or ISVA at the start of a hearing if the court is satisfied that it is not in the interests of justice for the IDVA or ISVA to be present, or continue to be present, at the hearing.
13. A decision by the court not to curtail support at a hearing from an IDVA or ISVA should be adhered to, unless there is subsequent misconduct during a hearing by the IDVA or ISVA.
14. If the court does restrict a litigant’s right to an IDVA or ISVA during a hearing, it should give a short judgment setting out the reasons why it has curtailed the right to support during a hearing. A litigant may seek permission to appeal such a decision. IDVAs or ISVAs have no standing to do so.
15. The following factors should not be taken to justify the court refusing to permit a litigant to receive such support during a hearing: a. The case or application is simple or straightforward (for example, it is simply listed as a direction’s or case management hearing); b. The litigant appears capable of conducting the case without support; c. The litigant is unrepresented through choice; d. The other party is not represented; e. The proposed IDVA or ISVA belongs to an organisation that promotes a particular cause; f. The proceedings are confidential and the court papers contain sensitive information relating to a family’s affairs.
16. A litigant may be denied the support of an IDVA or ISVA during a hearing because that support might undermine, or has undermined, the interests of justice. Examples of circumstances where this might arise include, but are not limited to i) the support in the courtroom is being provided for an improper purpose; ii) the support in the courtroom is unreasonable in nature or degree; iv) the IDVA or ISVA is directly or indirectly conducting the litigation; or v) the court is not satisfied that the IDVA or ISVA fully understands the duty of confidentiality.
17. A litigant is permitted to communicate any information, including filed evidence, relating to the proceedings to an IDVA or ISVA for the purpose of obtaining support or assistance in relation to the proceedings. 18. The High Court can, under its inherent jurisdiction, impose a civil restraint order on an IDVA or ISVA who repeatedly acts in a way that undermines the efficient administration of justice. Sir Andrew McFarlane, President of the Family Division 6 April 2023
Contact independent domestic violence advisors
Search form
Search
Home > Training > For frontline domestic abuse practitioners
Independent domestic violence advisor
Idva Foundation Course
APPLICATIONS ARE NOW CLOSED
Click here to register your interest for future courses
Course Overview
Our Idva training courses are for Idvas, domestic abuse practitioners and service managers who currently carry an active caseload or are about to start doing so. The course will enhance your practical knowledge, helping you provide the best possible support for domestic abuse victims, survivors and their children.
The training is supported by relevant specialists from many different fields, including the criminal justice system, family law, child protection, sexual assault referral centres (Sarcs) and housing services. The training also includes modules on Multi-agency risk assessment conferences (Marac), Anti-racist practice, and working with minoritised groups experiencing domestic abuse or harmful practices. The content is designed to give learners the depth and breadth needed to support domestic abuse victims, survivors and their children in a multi-agency context from a whole family perspective.
98% of learners told us they felt more confident in their role after receiving our Idva training
The course will support you to:
help victims and their children feel safer through the provision of a quality Idva response
develop your confidence and skills through group work, coaching and one-to-one feedback sessions
share experience and best practice with other Idva learners while engaging in reflective practice
improve practice within your service
advocate for domestic abuse victims, survivors, and their children in multi-agency settings
Eligibility:
Anyone with a current active caseload of adults in the community. This is to ensure that you have a varied range of case examples for your worksheets.
A line manager or equivalent role within an appropriate organisation, who can vouch for you for the entire time you are on the course and completing the worksheets.
To promote diversity and widen our learners’ network, we will limit the number of successful applicants from the same organisation admitted to one course to two spaces. Please consider this before you apply to avoid any disappointment.
Awards available: OCNLR Level 3 certificate in Domestic Abuse: Prevention and Intervention
Format: 12-day training delivered in 4 blocks of 3 days
Delivery Mode:
Online training – this will take place via Zoom
In-room training – locations are to be confirmed depending on learner preference for delivery and government guidance regarding Covid-19
Hybrid training – this will be a combination of online sessions on Zoom and in-room training as above
Assessment: 4 Written assignments
Time commitment: The course comprises 12 days (in-room, online, or hybrid) training, delivered in four blocks; e-learning modules which must be completed prior to attending each block of training; and the completion of four assessed worksheets that are submitted online. The list below provides guidance on recommended study time you should allow:
Guided learning (training blocks, pre-course reading and e-learning modules) - 120 hours
Worksheets - 50 hours
Notional study** - 130 hours
Total course time requirement - 300 hours
Price: £2,450 per learner
Subsidies: We're pleased to be offering subsidised places per course. The reduced fee spaces are allocated by random selection from the pool of successful applicants who qualify. Please ensure that you complete the application as fully as possible as the answers provided on the application will be used to determine eligible learners.
Subsidised (£2000) - Learners from registered charities with an annual income of less than £1million.
Super Subsidised (£1000) - Learners from registered charities with an annual income of less than £500,000.
Idva Specialist Course
APPLICATIONS FOR THE SPRING 2023 COURSE ARE NOW CLOSED
Click here to register your interest for future courses
Course Overview
Learn about the essential topics for practitioners supporting people at high risk of serious harm or murder as a result of domestic abuse. You will look at the role of an Idva in the multi-agency response to domestic abuse, and hear from our guest speakers on:
Police Response
CPS
Anti-racist practice
SARC
Stalking
Assessment: 1 Worksheet
Time Commitment: 55 hours*
*The course comprises 4 days online training, delivered in 2 blocks; e-learning module which must be completed prior to attending block 1 of the training; and the completion of an assessed worksheet that is submitted online.
Awards available: 6 credits
Price: £845
Subsidies: We're pleased to be offering subsidised places per course. The reduced fee spaces are allocated by random selection from the pool of successful applicants who qualify. Please ensure that you complete the application as fully as possible as the answers provided on the application will be used to determine eligible learners.
Subsidised (£600) - Learners from registered charities with an annual income of less than £1million.
Super Subsidised (£350) - Learners from registered charities with an annual income of less than £500,000.
Eligibility: Our four-day Idva Specialist course is OCN accredited. For those who have already completed a SafeLives Foundation course in a different subject area it will allow them to build towards a Diploma. For those who have completed Women's Aid Certificate in Tackling and Preventing Domestic Abuse or want to develop their practice experience, the course will contribute towards your CPD. For those who haven’t had previous foundation training with SafeLives, the course is accessible as a stand-alone CPD course, but please bear in mind completing this course does not allow to call yourself a qualified Idva. To qualify as an Idva you will need to complete a foundation course.
Accessibility: In an effort to increase the accessibility of our Idva course, applications will no longer be selected on a “first come first served” basis. The application will be open for one week and following that, the Lead Trainer will review each individual application to check eligibility. If the course is oversubscribed, we will randomly select successful learners. We encourage you to be very detailed on your application as this information will form the basis of the decision. We welcome learners of all backgrounds and abilities. We encourage you to share with us any details on accessibility and diversity needs so we can ensure the right support is in place. You can also contact us if you have any queries idva@safelives.org.uk
Idva In House Courses
PLEASE SEE BELOW FOR COSTS
Our in-house Idva Foundation Training is 12 days. Learners would attend 4 blocks of 3 days each, with a month between each block so they can embed their learning with current clients. We may well have capacity to deliver this for you in Autumn 2022 and this is very likely to be online, via the Zoom platform. Although if you feel that in room would suit I am happy to look at that too.
Our trainers, guest speakers, training content and accreditation process remain equivalent to the in-room programme. Accreditation is via OCN (Open College Network) and is achieved by completion of 4 worksheets. When these worksheets are assessed and passed, the learner receives their certification as an accredited Idva.
We offer this training to groups, minimum of 16 learners and a maximum of 24 learners. We may be able to accommodate additional learners, but beyond the 24 we would also need to add on individual learner costs (OCN and assessing fees).
For Further information on In House courses, please contact the Idva Team on 0117 403 3224 or email idva@safelives.org.uk
#SafeLives is an equal opportunity training provider that is committed to diversity and inclusion. If you need any adaptations or support to complete an application form please email training@safelives.org.uk or call 0117 403 3224
Quick links
Related Programs:
Contact us
For queries about eligibility, pricing or any other questions, call our training team on 0117 403 3224 or email idva@safelives.org.uk