The charity Rights Of Women is mounting a challenge over the legality of changes made to legal aid in April 2013 which set out evidence requirements for domestic violence cases.
When new rules to legal aid were introduced in April 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act, the government was keen to stress that cases involving domestic violence would continue to benefit from legal aid funding. However, a report published last week by Rights of Women, Women’s Aid Federation England and Welsh Women’s Aid shows that nearly 40% of women affected by violence do not qualify for funding as they do not have the required evidence to support an application for legal aid, leaving them to fund legal representation themselves, represent themselves in court against their assailant, or simply do nothing.
Under the new rules, although it was possible for emotional or psychological abuse to give rise to the required evidence, in reality it has been very hard to prove. Financial abuse and controlling or coercive behaviour were not provided for at all.
The survey further showed that 60% of women took no action as a direct result of not being eligible for legal aid.
We recognise that a lot of women may not want to approach their GP, who may be known to their family, with a report of domestic violence. They may feel embarrassed to report any incidents to someone who knows them or their family.
In cases of domestic violence we would suggest speaking to a lawyer first to find out exactly what evidence is required and what your options are. In the first instance, you can give us a ring for a brief chat, in confidence, about your circumstances - you can speak to myself or Sally Fitzherbert in our Family Law department.
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