Legal News

A report by the National Federation of Women’s Institutes (NFWI) has found that the coalition government’s Legal Aid budget cuts will affect women suffering from domestic violence – and may result in more women either self-harming or taking their own lives.

The report says that current Legal Aid reforms mean many women will be prevented from getting the protection from abusive partners which they need.

The definition of domestic violence in the proposed Legal Aid, Sentencing and Punishment of Offenders Bill has become too narrow, according to domestic violence campaigners – and is not consistent with the definition provided by the Association of Chief Police Officers (ACPO).

Psychological abuse is still included in the Ministry of Justice (MoJ) definition of domestic abuse, but it is feared that many vulnerable women may not be eligible for Legal Aid to fund legal advice on domestic abuse once the Bill becomes law.

The report says the government needs to put “appropriate safeguards in place to ensure that women who have experienced domestic violence are not required to take part in mediation”.

It is thought mediation in civil cases and family law cases can save thousands of pounds in court costs – and parties who do not agree to mediation may find themselves disadvantaged in a case.

Face-to-face mediation in family cases can be extremely distressing – but especially if the abused partner has to face the abusive partner at a mediation session.

The NFWI interviewed women’s groups for the basis of the report and concluded that more women might be driven to suicide by changes in Legal Aid eligibility and other reforms to Legal Aid.

“Without access to Legal Aid, women will stay in abusive relationships – as a result, more women will be killed by violent partners and there will be an increase in suicides,” the report says.

More cases of men being abused in relationships are also being reported – and other types of abuse in relationships and families can include elder abuse and child-to-parent abuse. In the case of child-to-parent abuse, women over 40 with a teenage son aged 14-17 are most a risk of this type of abuse, research has found.

Chair of the NFWI Ruth Bond said that not only does the government ignore “the voices of victims of domestic violence who tell us access to legal aid is vital for their safety and protection” – she says it has also failed to understand how such changes to the law will penalise women at times when they most need help.

Justice Secretary Kenneth Clarke – himself a barrister – has introduced the reforms to reduce compensation claims for cases such as medical negligence and personal injury, as well as family law and employment cases, which some believe have fuelled a “compensation culture” in the UK.

The Law Society has criticised the government reforms to Legal Aid – designed to save more than £3 million annually – saying the Bill’s aims may never been achieved and costs in other departments may “spiral” as a result. The society is especially critical of cuts to Legal Aid in family law cases, the figures for which, it says, have been underestimated by the MoJ in drawing up the reforms.

Duncan Lewis Domestic Abuse Solicitors

Duncan Lewis is one of the UK’s leading family and childcare solicitors and our domestic violence solicitors can advise victims on all forms of domestic abuse.

Duncan Lewis domestic violence solicitors can also advise and represent those facing allegations or charges of domestic violence.

Contact Duncan Lewis domestic violence solicitors for confidential legal advice on 020 7923 4020.