A condition for domestic violence victims to access legal aid, which enforces a 5 year time limit, has been encouraged to be changed. The time limit which is currently applied when assessing whether a domestic violence victim is entitled to legal aid results in a number of victims being denied legal advice when the violence was inflicted over five years ago. These restrictions on access to legal advice were initially introduced as a cost-saving measure in 2012 under the Legal Aid, Sentencing and Punishment of Offenders Act, however it has been criticised ever since.
Legal aid is essential for those who cannot afford to pay privately for legal advice in family law for issues such as divorce or arranging contact with their children. The legal aid regulations have also been criticised because of the requirement that only specified documents can be provided to the Legal Aid Agency to prove the alleged domestic violence. This includes medical reports, social services records or any proof of injunctions which have been put in place. This increases the limitations for a domestic violence victim to access legal advice if they were hesitant in reporting the domestic violence, as many victims are. The Ministry of Justice is set to announce criteria within the next few months to allow a wider scope of proof of domestic violence. This extends evidence of domestic violence to letters from organisations, solicitors and housing officers working with domestic abuse victims, which would ensure a wider scope for victims of domestic violence and make legal advice more accessible.
Therefore, these changes indicate a positive development in the legal aid process which would help a wider proportion of people who have suffered from domestic violence to access legal advice surrounding divorces and contact with children. Estelle du Boulay, Director of Rights of Women, has expressed a delight at this development, saying “This is both a victory for women and also for common sense. The purpose of Legal Aid is to ensure everyone in society can equally access safety and justice through the law. We are hopeful that these changes signal a renewed commitment from Government to address the broader landscape of domestic violence provision more proactively. ”
This shift in the attitude towards the availability of legal aid for those who have experienced domestic violence hopefully demonstrates an increasing awareness of domestic violence in society and the need to support those who are suffering from it.