It was recently brought to our attention that more domestic abuse victims are being denied Legal Aid. A charity that helps domestic abuse sufferers claims that ‘thousands of people each year’ are being denied domestic abuse Legal Aid. What’s the situation and why is Legal Aid being denied to more domestic abuse sufferers?
According to charity Domestic Violence Assist (DV Assist), the number of referrals it receives has increased by 50%, rising to 3,000 per month from 2,000 per month in 2020.
No domestic violence Legal Aid for 60% of people
Many are being left without protection because they have no access to legal support, can’t pay legal fees or they are uncomfortable representing themselves. DV Assist said that while 40% of people referred to them for help are eligible for Legal Aid, 60% are unable to afford a private family solicitor.
While 10% go on to either pay privately or apply directly to the court, the remaining 50% are left vulnerable because they are unable to find the support they need. Meanwhile, many fear representing themselves and facing their abuser in court, which leaves them in the horrible situation of having to stay with the person abusing them.
How has it come to this?
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) imposed deep cuts on the scope and availability of Legal Aid. Family courts were among the hardest hit by the cuts, resulting in a surge in litigants in person.
This meant that many under represented abuse sufferers in custody disputes were forced to question or be questioned by their abuser during proceedings.
The situation is alarming
The president of the Law Society of England and Wales, I. Stephanie Boyce, described the rising number of people being denied domestic violence Legal Aid as ‘alarming’.
She said: “These figures are alarming and reflect what we are hearing from our members. It is a sad state of affairs that victims should be left to navigate the justice system and face their abusers on their own.”
Back in 2020, the Labour Party – based on calculations from the House of Commons library – claimed that more than 30,000 people had been denied Legal Aid support to pursue complaints of domestic abuse since 2012. It was claimed that vulnerable individuals in the justice system have been deprived of approximately £200 million over the past nine years.
What is being done about domestic violence Legal Aid?
According to I. Stephanie Boyce, the UK government is undertaking a Legal Aid means test to assess how well the means test protects access to justice for the vulnerable, including victims of domestic abuse.
She said: “This review must ensure this situation is addressed so victims and their children can access the protection from violence. The government needs to remove the Legal Aid means test for cases where clients are seeking protective injunctions.”
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