Domestic abuse victims and children are among millions more
people who will have access to legal aid under major government
investment to support those who need it most.
The move will see over 6 million more vulnerable people and
families able to access funded legal support as the government
pledges £25 million to boost the legal aid system every year.
It means domestic abuse victims on universal credit and seeking a
protective order for themselves or their children against their
attackers can access legal aid funding more easily without facing
a means test.
Those who share a house with their abuser will also benefit from
changes to disputed or inaccessible assets – which will no longer
be considered when assessing someone’s financial eligibility for
aid.
Taken together, these measures also go further to support victims
of coercive control by making them eligible for legal help
without needing to access funds from joint assets.
It comes as the government publishes a progress report following
recommendations made by an expert ‘Harm Panel’ to improve
responses to domestic abuse and safeguarding across the family
justice system.
The report shows positive progress is being made across the
family courts such as the launch of a new investigative approach
pilot in three family courts and a review of the presumption of
parental involvement.
Lord Chancellor and Secretary of State for Justice, , said:
Widening access to legal aid secures justice and strengthens the
rule of law.
These changes mean more vulnerable people like domestic abuse
victims will be able to access the protection of the courts.
Other measures which will come into force over the next 2 years
include:
- Free legal representation will be available to anyone under
the age of 18, as well as for parents challenging traumatic and
difficult medical decisions such as withdrawal of their child’s
life support - removing one more burden for families
- Making everyone eligible for legal aid to defend themselves
in the Crown Court, ensuring fair trials and ending the so called
‘innocence tax’ where people were forced to pay for a legal
defence even if they were then found not guilty
- Increasing the amount of income someone can receive before
having to contribute to legal aid fees by over £3,000 for civil
cases and over £12,000 for criminal cases in the magistrates’
court
Justice Minister said:
We have made huge strides since the Harm Panel published its
report and delivered cultural changes across the family justice
system to ensure domestic abuse victims feel supported and
protected.
Our changes to the legal aid means test will also make the
justice system fairer for those who need it most.
The changes to legal aid access for domestic abuse victims were
part of a package of recommendations made by the ‘Harm Panel’ to
better safeguard vulnerable people against domestic abuse in
family courts.
Its report found serious failings in the family courts with
concerns that lengthy courtroom battles were re-traumatising
victims, and that allegations of domestic abuse were not taken
seriously.
The progress report published today shows the government has
delivered a number of changes to better protect children and
parents including:
- a ban on perpetrators cross-examining their victims in court
- automatic special measures for victims such as protective
screens and giving evidence via video link
- clarifying the law on ‘barring orders’, to prevent
perpetrators from bringing their ex-partners back to court, which
can be used as a form of continuing domestic abuse.
Legal aid provides support for people who are unable to afford
legal representation or need financial help in taking issues to
court.
Expanding the eligibility criteria helps more people access the
justice system to get the support they need.
Notes to editors
- We will increase the upper gross income threshold for
magistrates’ court representation from £22,325 to £34,950. We
will increase the upper gross income threshold for civil legal
aid from £31,884 to £34,950.
- In June 2020 the final report of the Expert Panel on
‘Assessing Risk of Harm to Children and Parents in Private Law
Children Cases’ was released. The panel is made up of judges,
lawyers and legal professional, and was set up to look at how
well the family courts protect children and parents in private
law proceedings.
- The report highlighted serious concerns that put victims of
domestic abuse and their children at risk, including adversarial
court proceedings re-traumatising victims and allegations that
reports of domestic abuse were minimised or dismissed.
- The government set out a plan to reform how family courts
deal with domestic abuse allegations and the progress report
outlined today shows demonstrable improvements to better protect
victims.
