To ask Her Majesty's Government what recent assessment they have made of the adequacy of support provided through the legal aid system for victims of domestic abuse.
Answered on
22 June 2021
Domestic abuse is an abhorrent crime and we are determined to protect and support the victims of abuse and their children and bring perpetrators to justice.
The legal aid scheme is designed to target funding at those that need it most, and this government has always been clear that publicly-funded legal advice is available to victims of domestic abuse in private family proceedings and for specific domestic abuse injunctions, subject to certain criteria being met.
Legal aid is and remains available for the purpose of obtaining urgent protection, such as non-molestation orders, without any evidence requirements and the Legal Aid Agency (LAA) has the power to waive all upper financial eligibility limits. This means victims can receive legal aid even if they would not otherwise pass the means test, though they may have to pay a financial contribution towards their legal costs.
We recently widened the evidence requirements for domestic abuse victims, making it easier for victims to obtain and provide the evidence they need to access legal aid.
We are currently conducting a review of the means test, where we are specifically considering the experiences of victims of domestic abuse. The review is scheduled to conclude in Autumn 2021, at which point we will publish a full consultation paper.