The High Court has decided to allow a challenge to the existing legal aid rules that determine whether victims of domestic abuse get legal aid in family cases.
According to the campaign group Rights of Women, the changes to legal aid are preventing victims of domestic abuse from securing legal aid in many cases, often in cases where it is clear either that there has been violence or that there is a risk of violence.
Legal aid changes introduced by the Government in April 2013 require victims of domestic violence to provide a prescribed form of evidence in order to obtain legal aid in family law. Many of those affected by violence do not have the required forms of evidence and therefore cannot secure legal aid. As a result many victims and those who are at risk of domestic violence fail to take legal action.
The Law Society President Andrew Caplan said:
“The over-strict tests required to bring evidence to satisfy the broader statutory meaning of domestic violence are not what parliament intended. Legal aid is often the only way that those who suffer at the hands of abusers can bring their case before the Courts. Victims of domestic violence should not be excluded from accessing legal aid for family law disputes against an abusive ex partner or relative because of these unrealistic regulations.”
A full hearing is due to take place later this year.
If you have any questions about domestic violence or eligibility for legal aid then you should contact our friendly and experienced family team on 02920 470909.