FAMILY LEGAL AID FOR VICTIMS OF Domestic Abuse - RECENT CHANGE TO THE EVIDENCE REQUIRED

In April 2013 the Government changed the availability of Family Legal Aid in a way that we have never seen before. A little over a year later, Hayley Winstanley from our team of specialist Family solicitors, provides her views on the availability of Legal Aid for victims of domestic abuse and recent changes to the evidence that is required:

Providing public funding for those who are victims of domestic abuse means that those considered to be most vulnerable will still be able to access Legal Aid. Unfortunately and despite the Government's pledges that Legal Aid will still be available for those who need it most, the evidence required has often made it impossible. This has prompted recent changes to the evidence required although it does not go far enough.

Here at Bakers Solicitors we have had first-hand experience of clients seeking and clearly needing Legal Aid but who have not been able to provide the necessary evidence. A problem that we have identified through our work is those who have not been accommodated by a domestic abuse charity (refuge) for a period of 24 hours but yet have been assessed by them as being a victim of or at risk of domestic abuse. The changes mean that now a referral to a domestic abuse charity from a health professional or evidence that access to a refuge was not possible will be sufficient. However, it still doesn't mean Legal Aid will be available for those who access domestic abuse support services without a professional referral. It could be argued that those are the most vulnerable and have feared professional involvement, thus still leaving them open to being told they cannot access Legal Aid because they cannot provide the necessary evidence.

Whilst the recent change is a positive step, it will be essential that the matter is kept under review as there are other problems with the current evidential requirements. An issue we have identified through our work is surrounding the definition of domestic abuse; 'any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other.'

The evidence required by the Legal Aid Agency could be said to focus wholly or certainly predominantly on the issue of physical or threatening violent behaviour. There is a common misconception that domestic abuse is just physical violence and so it is often the case that people do not realise they are victims of ‘domestic abuse’. Those subject to non-physical violence may find it more difficult to provide the evidence which is expected from them as often there will be no physical signs of abuse and it is likely to be the type of behaviour that is not reported to professionals including GPs or the Police. This means that yet again vulnerable people will not be in a position to access Legal Aid.

I support the changes that have been made to the evidential criteria but hope to see further changes to ensure that the most vulnerable can access Legal Aid.

If you need advice on a family law issue or if you are a victim of domestic abuse and need to talk to someone about the availability of Legal Aid you can contact Bakers Solicitors on 01457 859123 or email me direct: hwinstanley@bakers-solicitors.com.