Family Solicitors

On 1st April 2013 the criteria for individuals to obtain family legal aid was changed significantly by the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO).

Following on from this change in legislation, legal aid became unavailable for many vulnerable people with family issues, unless they could prove that they have been a victim of domestic violence with the perpetrator of the abuse being the opponent in the case for which legal aid is required. Furthermore, the domestic violence had to have occurred in the last 24 months.

As a result of lobbying from the Law Society the timescale for legal aid in domestic violence cases has been lifted; in that, the domestic violence no longer has to have occurred in the last 24 months to qualify for legal aid. Chiefly speaking, this is mainly to prevent people being left stranded in the middle of a case due to the proof of domestic violence has become out of date. It also means that victims of domestic violence are now able to have the legal support required when facing their abusers, irrespective of how long ago the abuse occurred.

Whilst this is a step in the right direction, in practice there is still a way to go to ensure that victims of domestic violence can access justice. Some of the proof requirements in themselves are onerous and as a result victims are often unable to obtain the required documents. For example, one of the ways in which a victim can prove domestic violence is by obtaining a letter from his or her GP. However the letter must specifically state that the victim has been examined, and that the GP can find no other reason for the injury upon examination. Emotional abuse cases are still a concept that many GP’s are struggling with, and are simply not providing the proof in a form acceptable to the Legal Aid Agency. Similarly, when police have been contacted in relation to an allegation of domestic violence, evidence of a conviction or a caution is required for the purposes of the Legal Aid Agency. As a result many will still be left without legal aid when facing their abusers and it is hoped that the government will continue to review the requirements to ensure this is addressed.

About the Author- Emine Mehmet

Emine Mehmet specialises in all aspects of matrimonial/family law but has a particular interest in Child Care Law and is a member of the Law Society Child Law Panel. She has a large caseload both in private child law disputes such as contact and residence and in public law cases such as care proceedings in which she has acted for parents of children removed into care or for the children themselves, through their guardians. In addition, Emine acts for clients on child abduction matters and adoption. Emine also has a divorce/civil partnership dissolution and financial relief caseload and can advise clients on cohabitation disputes and prenuptial agreements. Emine is on the panel for the National Centre for Domestic Violence and is involved in charitable work, giving free advice on a telephone advice line service on a monthly basis.