Earlier this week the UK Ministry of Justice announced changes to the rules relating to the granting of civil legal aid for survivors of domestic violence. Under existing rules persons seeking legal representation in such circumstances must demonstrate that they had been targeted by their abuser within the previous five years. Restrictions are also in place regarding the type of documents which could be relied upon in court, for example injunctions, medical reports and social service records. The recent announcement means that the time limit which prevents victims of domestic violence from getting legal aid in the UK Family Courts is to be abolished. In addition to the removal of the five year time limit the Minister of Justice plans to widen the scope of admissions of evidence in such hearings. It is anticipated such admissible evidence will include statements from organisations working with domestic abuse victims aswell as letters from solicitors and information from housing officers.
By way of background the restrictions were originally brought in as a cost saving measure in 2012. Regulations introduced under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 required victims of domestic violence to provide a prescribed form of evidence in order to obtain family law legal aid. The Regulations resulted in most private family law areas removed from the scope of civil legal aid with the exception of victims of domestic violence. However, even in this regard there were strict and prohibitive eligibility requirements and conditions. The obligatory evidence required included a letter from a GP, proof that the abusive partner has been convicted or is on bail. In addition to this, there was a 24 month time limit on admissible evidence, including medical evidence of physical abuse.
PILA has previously written about the impact of these changes and the decision of the Court of Appeal last year which found that evidence requirements which have been operating to prevent survivors of domestic abuse from obtaining legal aid were unlawful. You can access that earlier feature here.
The proposed changes have been widely welcomed by organisations including Rights of Women and the Legal Aid Practitioners Group. The Family Law Courts hear cases including domestic violence, adoption, divorce and disputes over children, these changes should make it easier for those seeking legal aid to qualify and reduce the burden of trying to provide evidence that has previously resulted in high rates of woman not receiving legal aid.
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