MoJ research highlights barriers to family law legal aid for domestic violence victims
Report recommends expanding the current list of evidential requirements
The Ministry of Justice has published research conducted in 2016 to 2017 investigating the barriers some victims of domestic violence face when obtaining evidence required in legal aid applications for private family law disputes.
Victims stated that obtaining help in accessing evidence from a domestic violence support organisation; the experience/expertise of their solicitor in applying for legal aid; and the means test are all factors that influence whether or not they can access legal aid.
Respondents to an online survey, as well as both legal aid provider and victim focus group participants, highlighted a number of factors that hinder individuals from evidencing their abuse in order to access legal aid, including:
- Difficulties in accessing certain pieces of evidence: such as the cost of acquiring it; the unwillingness of organisations, and health professionals in particular, to write letters; data protection issues when attempting to access evidence from the police; language barriers or other vulnerabilities have claimed to be denied legal aid because they submit letters with wording that deviates from the template.
- Difficulties in evidencing domestic violence if victims did not disclose the violence at the time to the various organisations that can supply evidence.
- Problems with the time limit – for example if the perpetrator has been away for a period of time (e.g. in prison, had another relationship) and then returns, the individual could be at risk of experiencing further violence.
- Respondents to the survey in particular felt that the time limit is arbitrary – respondents felt that a victim does not stop being a victim after the passage of time. Similarly, they felt that the risk of experiencing violence does not necessarily dissipate over time.
- The rigidity of the current process for applying for legal aid and the inability for all applications, regardless of violence type, to be assessed without reference to a specific list of criteria.
Respondents to the survey and the legal aid provider focus group participants suggested relatively similar alternative pieces of evidence that might be added to the current criteria in order to make it easier for victims to qualify.
These include, but are not limited to:
- A letter from a domestic violence accredited solicitor, charity or domestic violence support service.
- A victim's sworn statement; self-referral to a domestic violence support service; evidence of seeking support from a domestic violence support service.
- Evidence of police involvement, such as callouts; reports; Police Information Notices (or PIN notices); warnings issued; crime reference numbers; referrals to domestic violence support services.
- Anecdotal third party evidence, such as a sworn statement/witness statement/a letter from relatives, friends, neighbours, school teachers or other people in the victim's social circle.
- Social media, such as text messages; emails; photos; diary entries of harassment, threats or acts committed.
In terms of individuals at risk of experiencing domestic violence, respondents suggested, amongst other things, that the perpetrator's history of conduct (such as violence in a previous intimate relationship) and violent behaviour (for example previous arrests and convictions for GBH offences) should be an adequate form of evidence.
Suggested remedies to these issues include changing / expanding the current list of evidential requirements to reflect the concerns raised by respondents; removing the time limit and amending the means test to encompass working victims who may be unable to cover legal costs or who may be unable to access or utilise capital.
On 8 January 2018 changes to evidence requirements in private family law disputes came into effect. There is now no longer a time limit on abuse evidence, which previously stood at 5 years. Additionally, the range of documents accepted as evidence of abuse was widened to include statements from domestic violence support organisations and housing support officers. These types of evidence have contributed to the latest quarter's increase in applications for legal aid supported by evidence of domestic or child abuse. For details, click here.
For the full report, click here.
29/6/18