Changes to legal aid for domestic abuse victims unlawful say Rights Of Women

The Law Society is supporting a challenge brought by the Public Law Project on behalf of Rights of Women, over the lawfulness of Government changes to legal aid which are preventing victims of domestic abuse from getting legal aid for family cases, even when it is clear there has been violence, or there is an ongoing risk of violence. Rights of Women argue that this is not what parliament intended.

Legal aid changes, introduced by the Government in April 2013 include regulations which set out what evidence victims of domestic violence have to provide. This evidence can be extremely difficult for many people to get and in many cases is subject to a 24 month time limit – although perpetrators may remain a life long threat to their victims.

Legal aid is a lifeline for victims of abuse, enabling them to escape from abusive relationships, protect their children, and manage their financial situations. Access to justice is vital in these cases – the statistics are stark; two women are killed each week by a current or former partner and 500 recent victims of domestic violence commit suicide every year.

Emma Scott, Director of Rights of Women, said: “Without legal aid women affected by domestic violence feel unable to access the kinds of legal remedies which enable them to safely exit violent relationships. In our most recent survey, half of all women who were ineligible for legal aid because they did not have the required evidence of domestic violence said that they took no legal action as a result, leaving them at risk of further violence and even death. This legal action is taken on behalf of those women in order to hold the government to account on their promise to continue to make family law legal aid available to victims of domestic violence.”

Law Society President Nicholas Fluck said: “The LASPO legal aid cuts have resulted in radical consequences for access to justice with the worst impact affecting the poorest and most vulnerable sectors of society. It is vital that survivors of domestic abuse can bring evidence to satisfy the broader statutory meaning of domestic violence, not the over-strict tests required by the regulations as they now stand. Survivors should not be excluded from accessing legal aid for family law disputes against an abusive ex partner or relative.”

If you think you need legal advice re domestic abuse issues please contact Dee Aktar on 0207 426 0400 or at da@milesandpartners.com.

The Public Law Project (PLP)

PLP is an independent, national legal charity which aims to improve access to justice for those whose access is restricted by poverty, discrimination or other similar barriers. To fulfil its objectives PLP undertakes research, policy initiatives, casework and training across the range of public law remedies.

Rights of Women

Rights of Women is a registered charity that provides free legal advice to women and engages on a policy level concerning access to justice and violence against women issues. We provide training on legal issues to statutory and third sector professionals, write legal publications designed to assist individual women, and those supporting them, through the law and provide three legal advice lines offering legal advice to women on immigration and asylum issues, sexual violence and criminal law, and family law (including domestic violence, divorce, contact disputes). Our advice lines are staffed by qualified practising women solicitors and barristers. More information about our work can be found at www.rightsofwomen.org.uk.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.