The Ministry of Justice Announces Changes to Current Legal Aid System for Victims of Domestic Violence (10 January 2018)

Since the changes introduced by the Legal Aid Sentencing and Punishment of Offenders Act 2012 came into force on 1st April 2013, many vulnerable people have not been eligible for legal aid funding for legal services in certain family law matters such as contact and residence disputes. The rules stated that in order to be eligible for legal aid in certain family law matters, the client needed to show that either they have been the victim of domestic abuse or that social services have concerns about their children due to the opponent’s behaviour. The Legal Aid Agency is strict in terms of what they accept as evidence of domestic abuse. A requirement of showing evidence of domestic violence within the previous 2 years was initially imposed, which was extended to 5 years in abuse cases.

What many practitioners and clients realised following these changes was that even if a client has been the victim of domestic abuse, if they do not have the required evidence within the required timeframe, they will not qualify for legal aid.

The problem which continued to arise when family law issues needed to be resolved and court proceedings were initiated, is that often the courts were seeing the victims of abuse, who do not qualify for legal aid and do not have the funds to pay a solicitor privately, representing themselves in court. This means that such individual ‘litigants in person’ were having to come face to face with their abuser and in certain cases be cross examined by them in court. This is an appalling situation and in cases like this it was a popular a view that victims were being subject to abuse again as a result.

Thankfully, the Ministry of Justice announced changes to the current system of determining legal aid eligibility in such matters by permitting a wider range of evidence of domestic abuse as well as abolishing the time frame for the abuse to have taken place in. The new rules came into force on 8th January 2018, abolishing the 5 year time limit for evidence of abuse. The changes also widen the range of evidence, for example statements from domestic abuse support organisations and housing officers are now acceptable.

These new changes will assist some people in getting the much needed legal aid funding required to pay for the legal services they desperately need, but unfortunately not others who have been too scared to speak out and get assistance. Domestic abuse by its very nature often takes place behind closed doors, for many years, with the victim too afraid to speak out. Eventually, although they may find the strength to leave the abusive relationship, many victims will not have reported the offender to the police or sought assistance from medical professionals or domestic abuse agencies. Many victims are ashamed and do not want to cause trouble and are just relieved to be out of the abusive situation.

Therefore in my view, although these changes are very welcome, there is still a way to go in ensuring that the most vulnerable are able to access legal aid.

Author, Angela OConnor, is a Childcare Solicitor specialising in public law children matters, including domestic violence, neglect, substance abuse, mental illness, serious non-accidental injury, sexual abuse and fabricated or induced illness cases. She is experienced in dealing with Emergency Protection Orders, Supervision Orders, Special Guardianship matters, contact and residence disputes, specific issue and prohibited steps orders.

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Duncan Lewis’ Childcare team, recommended in Legal 500 2017, advises on a range of family matters, involving social services, Section 38 enquiries, pre-proceedings meetings, children taken into Local Authority care and Court of Protection cases.

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